TITLE 49—TRANSPORTATION
This title was enacted by Pub. L. 95–473, §1, Oct. 17, 1978, 92 Stat. 1337; Pub. L. 97–449, §1, Jan. 12, 1983, 96 Stat. 2413; Pub. L. 103–272, July 5, 1994, 108 Stat. 745
Amendments
1995—Pub. L. 104–88, title I, §102(b), Dec. 29, 1995, 109 Stat. 852, as amended by Pub. L. 104–287, §6(f)(1), Oct. 11, 1996, 110 Stat. 3399, substituted “TRANSPORTATION” for “COMMERCE” in item for subtitle IV.
1994—Pub. L. 103–272, §1(b), July 5, 1994, 108 Stat. 745, amended subtitle analysis generally, substituting “OTHER GOVERNMENT AGENCIES . . .1101” for “TRANSPORTATION PROGRAMS . . .3101” in item for subtitle II, “GENERAL AND INTERMODAL PROGRAMS . . .5101” for “[RESERVED—AIR TRANSPORTATION]” in item for subtitle III, and “RAIL PROGRAMS . . .20101” for “[RESERVED—MISCELLANEOUS]” in item for subtitle V, and adding items for subtitles VI, VII, VIII, IX, and X.
1983—Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2413, amended subtitle analysis generally, substituting “DEPARTMENT OF TRANSPORTATION . . .101” for “[RESERVED—DEPARTMENT OF TRANSPORTATION]” in item for subtitle I and “TRANSPORTATION PROGRAMS . . .3101” for “[RESERVED—TRANSPORTATION PROGRAMS]” in item for subtitle II.
| Title 49 Former Sections | Title 49 New Sections |
|---|---|
| 1(1), (2) | 10501 |
| 1(3) | 10102 |
| 1(4) (related to standards) | 10701 |
| 1(4) (2d sentence last cl.) | 10702 |
| 1(4) (1st sentence related to through routes and 2d sentence less last cl.) | 10703 |
| 1(4) (1st sentence 14th–23d words) | 11101 |
| 1(5)(a) | 10701 |
| 1(5)(b) (7th and 8th sentences) | 10709 |
| 1(5)(b) (less 7th and 8th sentences) | 10701 |
| 1(5)(c)(i) | 10709 |
| 1(5)(c)(ii) | 10102 |
| 1(5)(d) | Rep. |
| 1(51/2) | 10749 |
| 1(6) (last sentence) | 10750 |
| 1(6) (less last sentence) | 10702 (See also 10701(a)) |
| 1(7) (1st sentence, 32 words before 8th semicolon-9th semicolon) | 10721 |
| 1(7) (1st sentence words before 2d semicolon, words between 5th semicolon and 21st word after 7th semicolon, 1st–18th words after 9th semicolon, 1st proviso (words before semicolon), 2d, and 3d provisos) | 10722 |
| 1(7) (1st sentence 1st–4th and 13th–20th words after 2d semicolon and words between 3d and 5th semicolons) | 10723 |
| 1(7) (1st sentence 5th–12th and 21st–29th words after 2d semicolon and last 11 words before 1st proviso) | 10723 |
| 1(7) (1st sentence 1st proviso, words between semicolon and colon) | 10724 |
| 1(7) (less 1st sentence) | 11905 |
| 1(8) | 10746 |
| 1(9) | 11104 |
| 1(10) | 10102 |
| 1(11) | 11121 |
| 1(12) (3d sentence) | 11902 |
| 1(12) (less 3d sentence) | 11126 |
| 1(13) | 11121 |
| 1(14)(a) | 11122 |
| 1(14)(b) | 11121 |
| 1(14)(c) | 11105 |
| 1(15) (related to car service less last sentence) | 11123 |
| 1(15) (last sentence) | 11128 |
| 1(15) (related to service less last sentence) | 11127 |
| 1(16) (related to traffic less (b)) | 11124 |
| 1(16) (related to service less (b)) | 11127 |
| 1(16)(b) | 11125 |
| 1(17)(a) (1st sentence) | 11121 |
| 1(17)(a) (last sentence less proviso) | 11901 |
| 1(17)(a) (last sentence proviso) | 10501 |
| 1(17)(b) | 11907 |
| 1(18)(a), (b) | 10901 |
| 1(18)(c) | 10902 |
| 1(18)(d) | 10907 |
| 1(18)(e) (related to action by the Attorney General) | 11703 |
| 1(18)(e) (related to Commission action) | 11702 |
| 1(18)(e) | 11901 |
| 1(18)(e) (related to State enforcement) | 11505 |
| 1(19)–(22) | Rep. |
| 1 note | 10711 |
| 1a(1) (1st sentence) | 10903 |
| 1a(1) (less 1st and last sentences) | 10904 |
| 1a(1) (last sentence) | 10907 |
| 1a(2), (3) | 10904 |
| 1a(4) | 10903 |
| 1a(5) | 10904 |
| 1a(6), (7) | 10905 |
| 1a(8) | Rep. |
| 1a(9) (related to Commission action) | 11702 |
| 1a(9) (related to action by the Attorney General) | 11703 |
| 1a(9) (last sentence) | 11901 |
| 1a(9) (related to State enforcement) | 11505 |
| 1a(10) | 10906 |
| 1a(11) | 10905 |
| 2 | 10741 |
| 3(1) | 10741 |
| 3(1a) | Rep. |
| 3(2) (1st sentence) | 10743 |
| 3(2) (less 1st sentence) | 10744 |
| 3(3) | 10744 |
| 3(4) (1st sentence 2d cl., 2d sentence related to standards) | 10701 |
| 3(4) (less 1st sentence 2d cl., and 2d sentence related to facilities) | 10742 |
| 3(5) | 11103 |
| 4 | 10726 |
| 5(1) (words between semicolon and 1st colon) | 11914 |
| 5(1) (less words between semicolon and 1st colon) | 11342 |
| 5(2)(a) | 11343 |
| 5(2)(b)–(e) | 11344 |
| 5(2)(f) | 11347 |
| 5(2)(g), (h) | 11345 |
| 5(3)(a)–(e) | 11346 |
| 5(3)(f) (last sentence) | 11346 |
| 5(3)(f) (less last sentence) | 11350 |
| 5(3)(g) | 11346 |
| 5(4) | 11348 |
| 5(5)–(7) | 11343 |
| 5(8) (last sentence) | 11912 |
| 5(8) (less last sentence) | 11701 |
| 5(9) | 11702 |
| 5(10) | 11351 |
| 5(11) | 11343 |
| 5(12) | 11341 |
| 5(13) | Rep. |
| 5(14) | 11343 |
| 5(15) (words after semicolon) | 11914 |
| 5(15) (less words after semicolon) | 11321 |
| 5(16), (17) | 11321 |
| 5a | Rep. |
| 5b, 5c | 10706 |
| 6(1) | 10762 |
| 6(2) | 10765 |
| 6(3), (4) | 10762 |
| 6(5) | 10764 |
| 6(6) | 10762 |
| 6(7) | 10761 |
| 6(8) | 11128 |
| 6(9) | 10762 |
| 6(10) | 11901 |
| 6(11) | 10503 |
| 6(12) | 10765 |
| 7 | 10745 |
| 8, 9 | 11705 |
| 10(1) | 11914 |
| 10(2)–(4) | 11904 |
| 11 | 10301 |
| 12(1)(a) (less 2d sentence words after semicolon and last sentence words after 1st semicolon and before last semicolon) | 10321 |
| 12(1)(a) (words after semicolon in 2d sentence) | 10311 |
| 12(1)(a) (last sentence less words before 1st semicolon and after last semicolon) | 11703 |
| 12(1)(b) | 10505 |
| 12(2)–(7) | 10321 |
| 13(1) | 11701 |
| 13(2) (last sentence) | 11502 |
| 13(2) (less last sentence) | 11701 |
| 13(3) | 11502 |
| 13(4), (5) | 11501 |
| 13(6) | 10326 |
| 13a(1) | 10908 |
| 13a(2) | 10909 |
| 14(1), (2) | 10310 |
| 14(3) (last sentence) | 10311 |
| 14(3) (less last sentence) | 10310 |
| 15(1) | 10704 |
| 15(2) | 10324 |
| 15(3), (4) | 10705 |
| 15(5) | 10748 |
| 15(6) | 10705 |
| 15(7) | 10708 |
| 15(8) | 10707 |
| 15(9) | 10709 |
| 15(10) | 10763 |
| 15(11) | 11710 |
| 15(12) | 10763 |
| 15(13), (14) | 11910 |
| 15(15) | 10747 |
| 15(16) | 10321 |
| 15(17) | 10727 |
| 15(18) | 10728 |
| 15(19) | 10729 |
| 15a(1)–(5) | 10704 |
| 15a(6), 15b | Rep. |
| 16(1), (2) | 11705 |
| 16(3)(c), (g) | 11705 |
| 16(3)(h) | Rep. |
| 16(3) (less (c), (g), and (h)) | 11706 |
| 16(4) | 11705 |
| 16(5) | 10329 |
| 16(6) | 10324 |
| 16(7) | 11914 |
| 16(8)–(10) | 11901 |
| 16(11) | 10301 |
| 16(12) (related to Commission action) | 11702 |
| 16(12) (related to action by the Attorney General) | 11703 |
| 16(12) (related to action by private person) | 11705 |
| 16(12) (enforcement of money award) | 11705 |
| 16(13) | 10303 |
| 16a | Rep. |
| 17(1) | 10302 |
| 17(2) (1st sentence 80th–98th words and 2d sentence) | 10304 |
| 17(2) (less 80th–90th words in 1st sentence, less 2d sentence) | 10305 |
| 17(3) (less 2d sentence and last 42 words of 3d sentence) | 10306 |
| 17(3) (2d sentence) | 10301 |
| 17(3) (last 42 words of 3d sentence) | 10321 |
| 17(4) (1st and 3d sentences) | 10305 |
| 17(4) (2d sentence) | 10303 |
| 17(5) | 10322 |
| 17(6), (7) | 10323 |
| 17(8) | 10324 |
| 17(9)(j) | 10310 |
| 17(9) (less (j)) | 10327 |
| 17(10) | 10325 |
| 17(11) | 10305, 10306 |
| 17(12) | 10328 |
| 17(13) | 10308 |
| 17(14)(a) | 11701 |
| 17(14)(b) | Rep. |
| 17(15) | 10309 |
| 17 note | 10306 |
| 18(1) (1st and 3d sentences) | 10301 |
| 18(1) (2d sentence) | 10303 |
| 18(1) (4th sentence) | 10307 |
| 18(1) (last sentence) | 10321 |
| 18(2) | 10301 |
| 19 | 10307 |
| 19a(a) (1st and last sentences) | 10781 |
| 19a(a) (2d and 3d sentences) | 10301 |
| 19a(b) | 10782 |
| 19a(c) | 10781 |
| 19a(d) | Rep. |
| 19a(e) | 10783 |
| 19a(f), (g) | 10784 |
| 19a(h)–(j) | 10785 |
| 19a(k) (1st sentence) | 10786 |
| 19a(k) (less 1st sentence) | 11901 |
| 19a(l) | 11703 |
| 20(1), (2) | 11145 |
| 20(3) (less (e)) | 11142 |
| 20(3)(e) | Rep. |
| 20(4) | 11143 |
| 20(5) | 11144 |
| 20(6) (2d sentence, 1st cl.) | 11144 |
| 20(6) (2d sentence, 2d cl.) | 11145 |
| 20(6) (less 2d sentence) | 11144 |
| 20(7)(a) | 11901 |
| 20(7)(b) (proviso) | 11144 |
| 20(7)(b) (less proviso) | 11909 |
| 20(7)(c)–(e) | 11901 |
| 20(7)(f) | 11910 |
| 20(8) | 11141 |
| 20(9) | 11703 |
| 20(10) | 10301 |
| 20(11) (2d sentence, 1st proviso) | 10103 |
| 20(11) (less 1st sentence 2d proviso related to released value, 2d sentence less words before 2d proviso) | 11707 |
| 20(11) (1st sentence 2d proviso related to released value), 2d sentence (less 1st–5th provisos) | 10730 |
| 20(12) | 11707 |
| 20a(1)–(10) | 11301 |
| 20a(11) (2d and 3d sentences) | 11709 |
| 20a(11) (less 2d, 3d, and 4th sentences) | 11301 |
| 20a(11) (last sentence) | 11911 |
| 20a(12) (last sentence) | 11911 |
| 20a(12) (less last sentence) | 11322 |
| 20b(1) | 11361 |
| 20b(2) (1st–3d sentences, 4th sentence less words between 8th comma and period, 9th sentence) | 11362 |
| 20b(2) (4th sentence, words between 8th comma and period, 8th comma and period, 8th sentence) | 11363 |
| 20b(2) (5th and 7th sentences) | 11364 |
| 20b(2) (less 1st–9th sentences) | 11365 |
| 20b(3) (1st and last sentences) | 11362 |
| 20b(3) (less 1st and last sentences) | 11363 |
| 20b(4) | 11365 |
| 20b(5) | 11361 |
| 20b(6) | 11366 |
| 20b(7) | Rep. |
| 20b(8) | 11362 |
| 20b(9) | 11367 |
| 20b(10) | 10321 |
| 20b(11) | 11367 |
| 20b(12) | Rep. |
| 20b(13) | 11361 |
| 20c | 11303 |
| 21 | 10311 |
| 22(1) (1st sentence 1st 26th and 62d–76th words) | 10721 |
| 22(1) (1st sentence 77th–86th words and 2d proviso, 2d–4th sentences) | 10722 |
| 22(1) (1st sentence words between 2d and 4th semicolons) | 10722 |
| 22(1) (1st sentence words between 4th and 5th semicolons) | 10722 |
| 22(1) (1st sentence 27th–61st words and words between 1st and 2d semicolons) | 10723 |
| 22(1) (1st sentence words between 6th semicolon and 1st proviso) | 10723 |
| 22(1) (last 2 sentences) | 10724 |
| 22(1) (1st sentence words between 5th and 6th semicolons) | 10103 |
| 22(1) (1st proviso 1st sentence) | Rep. |
| 22(2) (less 1st sentence proviso) | 10721 |
| 22(2) (1st sentence proviso) | Rep. |
| 23 | 11703 |
| 25 | Rep. |
| 26(a) | 20102 |
| 26(b) | 20502 |
| 26(c) | 20503 |
| 26(d) | 20504 |
| 26(e) | 20502 |
| 26(f) (words before last semicolon) | 20505 |
| 26(f) (words after last semicolon) | 20902 |
| 26(g) | 501 |
| 26(h) (1st sentence words before last comma) | 21302 |
| 26(h) (1st sentence words after last comma) | 21304 |
| 26(h) (2d, 3d sentences, 4th sentence words before last comma) | 21302 |
| 26(h) (4th sentence words after last comma, 5th sentence) | 21304 |
| 26(h) (last sentence) | 21302 |
| 26a | 11504 |
| 26b | 10381–10388 |
| 26c | 11503 |
| 27 | Rep. |
| 41(1) (1st sentence) | 11915 |
| 41(1) (less 1st sentence) | 11903 |
| 41(2) (related to corporate violations) | 11903 |
| 41(2) (related to corporate violations) | 11915 |
| 41(2) (last sentence) | 11916 |
| 41(3) | 11902 |
| 42 | Rep. |
| 43 | 11703 |
| 44, 45 | T. 15 §§28, 29 |
| 46 | 11913 |
| 47, 48 | Rep. |
| 49 | Elim. |
| 50 (related to notice) | 10329 |
| 50 (related to process) | 10330 |
| 51 (related to ownership) | 11321 |
| 51 (related to 49:6(11)) | 10503 |
| 52 | 10783 |
| 53 | Elim. |
| 54–59 | Rep. |
| 60 | 11507 |
| 61–64 | Rep. |
| 65, 65a | 10721 |
| 66 | T. 31 §3726 |
| 67 | Elim. |
| 71–79 | Rep. |
| 80 | T. 40 §316 (See Rev. T. 40 Table) |
| 81 | 80102 |
| 82, 83 | 80103 |
| 84, 85 | 80112 |
| 86, 87 | 80103 |
| 88, 89 | 80110 |
| 90–92 | 80111 |
| 93 | 80108 |
| 94 | 80114 |
| 95 | 80107 |
| 96–99 | 80110 |
| 100–102 | 80113 |
| 103 | 80115 |
| 104 | Rep. |
| 105 | 80109 |
| 106 | 80111 |
| 107, 108 | 80104 |
| 109 (1st sentence) | 80106 |
| 109 (last sentence) | 80103 |
| 110 | 80104 |
| 111 | 80105 |
| 112, 113 | 80106 |
| 114–116 | 80107 |
| 117, 118 | 80104 |
| 119, 120 | 80105 |
| 121 | 80116 |
| 122 | 80101 |
| 123, 124 | Rep. |
| 141 | Rep. |
| 142 | 303a |
| 143 | Rep. |
| 151–157 | Rep. |
| 171–173a, 174–184 | Rep. |
| 201 | Rep. |
| 211–213 | T. 43 §§1441–1443 |
| 214 | Rep. |
| 231 | Rep. |
| 241–246 | T. 50 §§151–154, 156, 157 |
| 250–268 | Rep. |
| 301 | Rep. |
| 302(a), (b)(1) | 10521 |
| 302(b) (less (1)) | 11506 |
| 302(c) | 10523 |
| 303(a)(1) | 10102 |
| 303(a)(2) | 10342 |
| 303(a)(3) | Rep. |
| 303(a)(4) | 10341 |
| 303(a)(5)–(7) | Rep. |
| 303(a)(8), (9) | 10102 |
| 303(a)(10) (proviso) | 10522 |
| 303(a)(10) (less proviso) | 10521 |
| 303(a)(11) | 10521, 10927 |
| 303(a)(12), (13) | 10102 |
| 303(a)(14) (words before 2d comma) | 10102 |
| 303(a)(14) (words after 2d comma) | 10502 |
| 303(a)(15)–(19) | 10102 |
| 303(a)(20), (21) | Rep. |
| 303(a)(22), (23) | 31501 |
| 303(b) | 10526 |
| 303(c) (words between 6th and 7th commas) | 10521 |
| 303(c) (words before “nor”, less words between 6th and 7th commas) | 10921 |
| 303(c) (less words before “nor”) | 10524 |
| 304(a) (matter preceding (1)) | 10321 |
| 304(a)(1) (related to service) | 11101 |
| 304(a)(1) (related to accounts) | 11142 |
| 304(a)(1)–(2) (related to qualifications, hours of service, and safety) | 31502 |
| 304(a)(2) (less “qualifications” through period) | 11142 |
| 304(a)(3) (1st sentence) | 31502 |
| 304(a)(3) (last sentence) (related to “Secs. 304(c), 305, 320, 321, 322(a), (b), (d), (f), (g)”) | 502–507, 522, 523, 525, 526 |
| 304(a)(3) (last sentence) (related to “Sec. 305(d) (related to liability)”) | 525 |
| 304(a)(3) (last sentence) (related to “Sec. 324”) | 31504 |
| 304(a)(3a) (last sentence) (related to “Secs. 304(c), 305, 320, 321, 322(a), (b), (d), (f), (g)”) | 502–507, 522, 523, 525, 526 |
| 304(a)(3a) (1st sentence) | 31502 |
| 304(a)(3a) (last sentence) (related to “Sec. 305(d) (related to liability)”) | 525 |
| 304(a)(3a) (last sentence) (related to “Sec. 324”) | 31504 |
| 304(a)(4) | 11142 |
| 304(a)(4a) | 10525 |
| 304(a)(5) | 31503 |
| 304(a)(6) | 10321 |
| 304(a)(7) (words after semicolon) | 10311 |
| 304(a)(7) (less words after semicolon) | 10321 |
| 304(b) | 11102 |
| 304(c) | 11701 |
| 304(d) (related to administration matters) | 10303 |
| 304(d) (related to reports) | 10310 |
| 304(d) | 10311 |
| 304(e) | 11107 |
| 304(f) | 11101 |
| 304a(1)–(4) | 11706 |
| 304a(5), (6) | 11705 |
| 304a(7) | Rep. |
| 304a(8) | 11706 |
| 305(a) (1st and 2d sentences) | 10341 |
| 305(a) (3d sentence less proviso) | 10342 |
| 305(a) (3d sentence proviso) | 10344 |
| 305(a) (less 1st–3d sentences) | 10343 |
| 305(b) (2d sentence, 1st 12 words) | 10344 |
| 305(b) (1st, 3d, 5th, and 12th sentences) | 10342 |
| 305(b) (2d sentence 13th–37th words) | 10341 |
| 305(b) (4th and 6th sentences) | 10342 |
| 305(b) (7th–9th sentences) | 10343 |
| 305(b) (10th sentence) | 10342 |
| 305(b) (11th sentence) | 10344 |
| 305(b) (less 1st–12th sentences) | 10342 |
| 305(c) (related to the Commission) | 10307 |
| 305(c) (related to joint boards) | 10344 |
| 305(d) (related to Commission and employee board subpena power) | 10321 |
| 305(d) (related to joint boards) | 10344 |
| 305(d) (related to liability) | 11913 |
| 305(e) | 10328 |
| 305(f) (4th sentence) | 10344 |
| 305(f) (less 4th sentence) | 11502 |
| 305(g) (proviso) | Rep. |
| 305(g) (less proviso) | 11705, 11706 |
| 305(h) | 10301–10306, 10308, 10309, 10321–10325, 10328 |
| 305(i) (related to members of Commission) | 10301 |
| 305(i) (related to joint board) | 10344 |
| 305(i) (related to examiner) | 10306 |
| 305(j) | 10301 |
| 305a | 10344 note |
| 306(a)(1) (word before proviso) | 10921 |
| 306(a)(1) (words after colon) | Rep. |
| 306(a)(2) | 10932 |
| 306(a)(3)–(5) | Rep. |
| 306(a)(6) | 10931 |
| 306(a)(7) | 10932 |
| 306(b), 307 | 10922 |
| 308(a), (b) | 10922 |
| 308(c), (d) | 10932 |
| 309(a)(1) (words before 1st proviso) | 10921 |
| 309(a)(1) (words between 1st and last colons) | Rep. |
| 309(a)(1) (last proviso) | 10526 |
| 309(a)(2) | 10932 |
| 309(a)(3)–(5) | Rep. |
| 309(b) (last proviso) | 10932 |
| 309(b) (less last proviso) | 10923 |
| 310 | 10930 |
| 310a(a) | 10928 |
| 310a(b) | 11349 |
| 310a(c) | 10928 |
| 310a(c) | 11349 |
| 311(a) (words before 1st proviso) | 10921 |
| 311(a) (words after 1st colon) | 10924 |
| 311(b), (c) (words before 2d comma) | 10924 |
| 311(c) (words after 2d comma) | 10927 |
| 311(d) | 11144 |
| 312(a) | 10925 |
| 312(b) | 10926 |
| 312(c) | Rep. |
| 313 | 11304 |
| 314 (related to securities) | 11302 |
| 314 (related to penalties) | 11911 |
| 315 | 10927 |
| 316 (related to standards) | 10701 |
| 316(a) (1st–24th, 45th–59th words) | 10703 |
| 316(a) (60th–143d words) | 10702 |
| 316(a) (25th–44th words) | 11101 |
| 316(b) (related to standards) | 10701 |
| 316(b) (16th–33d words) | 11101 |
| 316(b) (less 16th–33d words) | 10702 |
| 316(c) (less 2d sentence) | 10703 |
| 316(c) (2d sentence) | 10702 |
| 316(d) (1st sentence) | 10701 |
| 316(d) (less 1st sentence) | 10741 |
| 316(e) (2d sentence 2d cl.) | 10705 |
| 316(e) (2d sentence less 2d cl. and less proviso) | 10704 |
| 316(e) (proviso) | 10521 |
| 316(e) (less 2d sentence) | 11701 |
| 316(f) | 10705 |
| 316(g) (less proviso) | 10708 |
| 316(g) (proviso) | Rep. |
| 316(h) | 10701 |
| 316(i) | 10704 |
| 316(j) | 10103 |
| 317(a) | 10762 |
| 317(b) (proviso) | 10103, 10721–10724 |
| 317(b) (less proviso) | 10761 |
| 317(c) | 10762 |
| 317(d) | 10761 |
| 318(a) (1st sentence related to standards) | 10701 |
| 318(a) (1st and 4th sentences, and 7th sentence proviso related to relief) | 10702 |
| 318(a) (2d, 5th, and 6th sentences, and 7th sentence proviso related to general requirements) | 10762 |
| 318(a) (3d sentence, 7th sentence less proviso, and 7th sentence proviso related to relief) | 10761 |
| 318(b) | 10704 |
| 318(c) (proviso) | Rep. |
| 318(c) (less proviso) | 10708 |
| 319 | 10730, 11707 |
| 320(a) (1st and 2d sentences) | 11145 |
| 320(a) (less 1st and 2d sentences) | 10764 |
| 320(b) | 11145 |
| 320(c) | 11143 |
| 320(d) | 11144 |
| 320(e) | 11141 |
| 320(f) | 504 |
| 320(g) | 11144 |
| 321(a) | 10329 |
| 321(b) | 10324 |
| 321(c) | 10330 |
| 321(d) (related to orders) | 10324 |
| 321(d) (related to notice) | 10329 |
| 321(d) (related to process) | 10330 |
| 322(a) | 11914 |
| 322(b)(1) | 11702 |
| 322(b) (less (1)) | 11708 |
| 322(c) (related to rate violations) | 11904 |
| 322(c) (related to evasion of regulation) | 11906 |
| 322(d)–(f) | 11910 |
| 322(g) | 11909 |
| 322(h) | 11901 |
| 323 (1st sentence) | 10743 |
| 323 (less 1st sentence) | 10744 |
| 324 | 11106 |
| 324a | 10747 |
| 325 | 31503 |
| 325a | 11504 |
| 326, 327 | Rep. |
| 401–403 | Rep. |
| 421–422a | Rep. |
| 422b | Elim. |
| 423–427 | Rep. |
| 451–460 | Rep. |
| 461 | Elim. |
| 481–496 | Rep. |
| 521–524 | Rep. |
| 551–560 | Rep. |
| 581, 582 | Rep. |
| 601–603 | Rep. |
| 621–623 | Rep. |
| 641–649 | Rep. |
| 671–685 | Rep. |
| 701–705 | Rep. |
| 711–722 | Rep. |
| 751–758 | Rep. |
| 781 | 80302 |
| 782 | 80303 |
| 783 (1st sentence) | 80304 |
| 783 (last sentence) | 80303 |
| 784 (proviso) | 80304 |
| 784 (less proviso) | 80306 |
| 785 | 80305 |
| 786 | 80306 |
| 787(a)–(c) | 80301 |
| 787(d)–(g) | 80302 |
| 788, 789 | 80304 |
| 901 | Rep. |
| 902(a) | 10102 |
| 902(b) | Rep. |
| 902(c), (d) (less exception) | 10102 |
| 902(d) (words after 1st comma) | 10502 |
| 902(e) (1st and 2d sentences) | 10102 |
| 902(e) (3d–5th sentences) | 10544 |
| 902(f)–(h) | 10102 |
| 902(i) | 10541 |
| 902(j)–(m) | 10102 |
| 903(a) | 10541 |
| 903(b)–(d) | 10542 |
| 903(e)(1) | 10544 |
| 903(e)(2) (last sentence) | Rep. |
| 903(e)(2) (less last sentence) | 10544 |
| 903(e)(3) | 10544 |
| 903(f) | 10543 |
| 903(g), (h) | 10544 |
| 903(i) | 10721 |
| 903(j), (k) | 10541 |
| 903(l) | 10929 |
| 904(a) | 10321 |
| 904(b) (words after last semicolon) | 10311 |
| 904(b) (less words after last semicolon) | 10321 |
| 904(c) | 11102 |
| 904(d) | 11108 |
| 904(e) | 11701 |
| 905(a) (1st sentence related to standards and 2d sentence) | 10701 |
| 905(a) (1st sentence 1st cl.) | 11101 |
| 905(a) (less 1st sentence 1st cl. and last sentence) | 10702 |
| 905(b) (4th sentence) | 10701, 10702 |
| 905(b) (less 4th sentence) | 10703 |
| 905(c) | 10741 |
| 905(d) (1st sentence 2d cl., 2d sentence related to facilities) | 10701 |
| 905(d) (less 1st sentence 2d cl., 2d sentence related to standards) | 10742 |
| 906(a), (b) | 10762 |
| 906(c) (proviso) | 10103, 10721–10724 |
| 906(c) (less proviso) | 10761 |
| 906(d) (1st sentence) | 10761 |
| 906(d) (less 1st sentence) | 10762 |
| 906(e) (1st sentence related to standards) | 10701 |
| 906(e) (1st sentence and 7th sentence proviso related to relief) | 10702 |
| 906(e) (2d, 4th, 5th, and 6th sentences, and 7th sentence provision, related to general requirements) | 10762 |
| 906(e) (3d sentence, and 7th sentence less proviso, and 7th sentence proviso related to relief) | 10761 |
| 907(a) | 11701 |
| 907(b) | 10704 |
| 907(c) | 10701 |
| 907(d), (e) | 10705 |
| 907(f) | 10704 |
| 907(g) (proviso) | Rep. |
| 907(g) (less proviso) | 10708 |
| 907(h) | 10704 |
| 907(i) (proviso) | Rep. |
| 907(i) (less proviso) | 10708 |
| 908(a)–(e), (f)(4) | 11705 |
| 908(f) (less (4)) | 11706 |
| 908(g) | 11705 |
| 909(a) (words before 1st proviso) | 10921 |
| 909(a) (words after 1st colon) | Rep. |
| 909(b)–(e) | 10922 |
| 909(f) (words before 1st proviso) | 10921 |
| 909(f) (words after 1st colon) | Rep. |
| 909(g) | 10923 |
| 910 | 10930 |
| 911(a) | 10928 |
| 911(b) | 11349 |
| 912 | 10926 |
| 912a | 10925 |
| 913(a) | 11145 |
| 913(b) | 10764 |
| 913(c) | 11142 |
| 913(d) | 11143 |
| 913(e)–(g) | 11144 |
| 913 (less (a)–(g)) | 11141 |
| 914 | 10747 |
| 915(a) | 10329 |
| 915(b) | 11701 |
| 915(c), (d) | 10324 |
| 915(e) | 11914 |
| 916(a) | 10301–10306, 10308, 10309, 10321–10325, 10328, 11703, 11913 |
| 916(b) (related to Commission action) | 11702 |
| 916(b) (related to action by the Attorney General) | 11703 |
| 916(b) (related to action by private person) | 11705 |
| 916(c) | 10310 |
| 916(d) | 10303 |
| 917(a) | 11914 |
| 917(b), (c) | 11904 |
| 917(d) | 11909 |
| 917(e) | 11910 |
| 917(f) (1st and 2d sentences) | 11910 |
| 917 (less (a)–(e) and (f) (1st and 2d sentences)) | 11910 |
| 918 (1st sentence) | 10743 |
| 918 (less 1st sentence) | 10744 |
| 919 | 10301 |
| 920–922 | Rep. |
| 922a | 11303 |
| 922b | 11504 |
| 923 | Rep. |
| 1001 | Rep. |
| 1002(a)(2) | Rep. |
| 1002(a)(1), (3), (4), (5), (8) | 10102 |
| 1002(a)(6), (7) | 10561 |
| 1002(b), (c) | 10562 |
| 1003(a) | 10321 |
| 1003(b) | 11101 |
| 1003(c), (d) | 10927 |
| 1003(e) (words after last semicolon) | 10311 |
| 1003(e) (less words after last semicolon) | 10321 |
| 1003(f) | 11701 |
| 1004(a) (1st cl.) | 11101 |
| 1004(a) (related to standards) | 10701 |
| 1004(a) (related to carrier authority) | 10702 |
| 1004(b), (c) | 10741 |
| 1004(d) | 10766 |
| 1005(a), (b) | 10762 |
| 1005(c) (proviso) | 10103, 10721–10724 |
| 1005(c) (less proviso) | 10761 |
| 1005(d) | 10762 |
| 1005(e) | 10761 |
| 1006(a) | 11701 |
| 1006(b) | 10704 |
| 1006(c) | 10701 |
| 1006(d) | 10704 |
| 1006(e) (proviso) | Rep. |
| 1006(e) (less proviso) | 10708 |
| 1006(f) (2d and 3d sentences) | 10502 |
| 1006(f) (less 2d last sentences) | 11502 |
| 1006(f) (4th and last sentences) | 11501 |
| 1006a(5), (6) | 11705 |
| 1006a (less (5), (6), (7)) | 11706 |
| 1006a(7) | Rep. |
| 1007, 1008 | 10725 |
| 1009 | 10766 |
| 1010(a)(1) (words before semicolon) | 10921 |
| 1010(a) (less words before semicolon in par. (1)) | Rep. |
| 1010(b) | 10923 |
| 1010(c) (less 2d sentence, words before semicolon) | 10923 |
| 1010(c) (2d sentence, words before semicolon) | 10930 |
| 1010(d), (e) | 10923 |
| 1010(f) | 10925 |
| 1010(g) | 10926 |
| 1010(h) | 10930 |
| 1010(i) (1st sentence) | 10933 |
| 1010(i) (less 1st sentence and 2d sentence words before semicolon) | 11908 |
| 1010(i) (related to Commission action) | 11702 |
| 1010(i) (related to enforcement by the United States) | 11703 |
| 1010(i) (related to private enforcement) | 11704 |
| 1010(i) (related to State enforcement) | 11505 |
| 1011(a) | 11323 |
| 1011(b) (last proviso) | Rep. |
| 1011(b) (less last proviso) | 10930 |
| 1011(c) | 11323 |
| 1011(d) | 11701 |
| 1011(e) | 11702 |
| 1011(f) | 11701 |
| 1011(g) | 11323 |
| 1012(a) (1st and 2d sentences) | 11145 |
| 1012(a) (3d sentence) | 11142 |
| 1012(a) (last sentence) | 10764 |
| 1012(b) | 11145 |
| 1012(c)–(e) | 11144 |
| 1012(f) | 11141 |
| 1013 (1st sentence related to released value) | 10730 |
| 1013 | 11707 |
| 1014 | 10743 |
| 1015 | 10747 |
| 1016(a) | 10329 |
| 1016(b), (c) | 10324 |
| 1016(d) | 11914 |
| 1017(a) | 10301–10306, 10308, 10309, 10311, 10321–10325, 10328, 11703, 11705, 11913 |
| 1017(b)(1) (related to Commission action) | 11702 |
| 1017(b)(1) (related to action by the Attorney General) | 11703 |
| 1017(b)(1) (related to action by private person) | 11705 |
| 1017(b) (less (1)) | 11708 |
| 1017(c) | 10310 |
| 1017(d) | 10303 |
| 1018 | 10749 |
| 1019 | Rep. |
| 1020 (related to service) | 11127 |
| 1020 (related to penalties) | 11901 |
| 1021(a) | 11914 |
| 1021(b), (c) | 11904 |
| 1021(d) | 11909 |
| 1021(e), (f) | 11910 |
| 1021 (less (a)–(f)) | 11703 |
| 1022 | Rep. |
| 1101–1103 | Rep. |
| 1103a | Elim. |
| 1104–1120 | Rep. |
| 1151 | 47301 |
| 1152 | 47302 |
| 1153 | 47303 |
| 1154 | 47302 |
| 1155–1157(b) | 47304 |
| 1157(c) | Rep. |
| 1158 | 47304 |
| 1159(a) (1st sentence) | 47305 |
| 1159(a) (last sentence) | 47306 |
| 1159(b)–(d) | 47305 |
| 1159a, 1159b | 41310 |
| 1160 | 47305 |
| 1181–1185 | Rep. |
| 1201–1203 | 80504 |
| 1211–1215 | Rep. |
| 1231–1240 | Rep. |
| 1301(1) | Rep. |
| 1301(2), (3) (less proviso) | 40102 |
| 1301(3) (proviso) | 40109 |
| 1301(4)–(12) | 40102 |
| 1301(13) | Rep. |
| 1301(14) (related to certificate) | 41101 |
| 1301(14) (less certificate)–(37) | 40102 |
| 1301(38) | 46501 |
| 1301(39)–(41) | 40102 |
| 1302, 1303 | 40101 |
| 1303 note | 44111, 44713, 45302, 46301, 46306, 46315 |
| 1304 | 40103 |
| 1305(a), (b)(1) | 41713 |
| 1305(b)(2) | 40102 |
| 1305(c), (d) (related to (a), (b)(1)) | 41713 |
| 1305(d) (related to (b)(2)) | 40102 |
| 1305(d) (related to (c)) | 41713 |
| 1306–1308 | Rep. |
| 1321–1323 | Rep. |
| 1324(a) | 40113 |
| 1324(b), (c) | 41711 |
| 1324(d) | 40114 |
| 1325 | Rep. |
| 1341(a), (b) | 106 |
| 1341(c) | Rep. |
| 1342 | 106 |
| 1343(a)(1), (2) (related to cooperative agreements) | 324 |
| 1343(a)(2) (related to Deputy Administrator) | 106 |
| 1343(b) | 329 |
| 1343(c) | 40107 |
| 1343(d) | 323 |
| 1343(e) | Rep. |
| 1343(f), (g) (1st sentence 33d–43d words) | 323 |
| 1343(g) (less 1st sentence 33d–43d words) | 325 |
| 1343(h) | Rep. |
| 1343(i) | 322 |
| 1344(a)–(d) | 40110 |
| 1344(a) | 322 |
| 1344(b) | 331 |
| 1344(c)(1) | 326 |
| 1344(d) (less words after semicolon) | 322 |
| 1344(d) (words after semicolon) | (See former section 1348(b).) |
| 1344(e) | 322, 40111 |
| 1344(f) | 40112 |
| 1344(g) | 40110 |
| 1344(h) | 47124 |
| 1345 | 40107 |
| 1346, 1346a | 40104 |
| 1347 | 40101 |
| 1348(a) | 40103 |
| 1348(b) (1st sentence cl. (3)) | 44721 |
| 1348(b) (1st sentence less cl. (3), 2d sentence) | 44502 |
| 1348(b) (3d, last sentences) | 44721 |
| 1348(c), (d) | 40103 |
| 1348(e) | 40109 |
| 1348(f) | 40106 |
| 1348 notes | 44506, 44514, 44719 |
| 1348a | 44506 |
| 1349(a) (1st, 2d sentences) | 44502 |
| 1349(a) (3d, last sentences) | 40103 |
| 1349(b), 1350 | 44502 |
| 1351 | 44720 |
| 1352 | 329 |
| 1353(a) | 44501 |
| 1353(b) | 44504 |
| 1353(c) | 44505 |
| 1353(d) | 44501 |
| 1353(e) | 44507 |
| 1353(f) | 44508 |
| 1353(g) | 44511 |
| 1353(h) | 44512 |
| 1353(i) | 44513 |
| 1353 notes | 44506, 48102 |
| 1354(a) | 40113 |
| 1354(b) | 40114 |
| 1354(c) (related to this chapter) | 46104 |
| 1354(c) (related to Airport and Airway Improvement Act of 1982) | 47122 |
| 1354(c) (related to Federal Airport Act and Airport and Airway Development Act of 1970) | Rep. |
| 1354(d) | 40108 |
| 1354(e) | 308(b), 40113 |
| 1354(f) | 45302 |
| 1354 note | 44515, 48110 |
| 1354a (1st sentence) | 44510 |
| 1354a (2d sentence) | 48106 |
| 1354a (3d, last sentences) | 44510 |
| 1355 (less (a) (last sentence related to fees)) | 44702 |
| 1355(a) (last sentence related to fees) | 45303 |
| 1356(a) (1st, 2d sentences) | 44901 |
| 1356(a) (3d sentence 1st–18th words) | 44938 |
| 1356(a) (3d sentence 19th–last words) | 44901 |
| 1356(a) (last sentence), (b) | 44938 |
| 1356(c) | 44901 |
| 1356a | Rep. |
| 1356b | 44903 |
| 1357(a), (b) | 44903 |
| 1357(c) | 44935 |
| 1357(d)(1), (2) | 40119 |
| 1357(d)(3)–(8) | 44912 |
| 1357(d)(9) | 48107 |
| 1357(e)(1) | 40119, 44937 |
| 1357(e)(2), (3), (f), (g) | 44903 |
| 1357(g) | 44936 |
| 1357(h)–(j) | 44935 |
| 1357(k)(1)–(3) | 44906 |
| 1357(k)(4) | 44938 |
| 1357 notes | 44904, 44906, 44914, 44936, 44938 |
| 1358 | 44915 |
| 1358a | 44932 |
| 1358b(a) | 44933 |
| 1358b(b) | 44934 |
| 1358b(c) | Rep. |
| 1358c | 44913 |
| 1358d | 44905 |
| 1358d note | 44910 |
| 1359 | Rep. |
| 1371(a) | 41101 |
| 1371(b), (c) | 41108 |
| 1371(d)(1)–(3) | 41102 |
| 1371(d)(4)(A)(i), (ii) (related to joint services) | 41101 |
| 1371(d)(4)(A)(ii) (related to joint rates, fares), (B) | 41503 |
| 1371(d)(5)–(7) | Rep. |
| 1371(d)(8) (1st sentence) | 41102 |
| 1371(d)(8) (last sentence) | 41110 |
| 1371(d)(9) | 41108 |
| 1371(e)(1)–(4) | 41109 |
| 1371(e)(5)–(7)(A) | Rep. |
| 1371(e)(7)(B) | 41109 |
| 1371(e)(7)(C) | Rep. |
| 1371(f), (g) | 41110 |
| 1371(h) | 41105 |
| 1371(i) | 41101 |
| 1371(j) | 41312 |
| 1371(k) | 42112 |
| 1371(l) | 41903 |
| 1371(m) | 41107 |
| 1371(n)(1) | Rep. |
| 1371(n)(2)–(6) | 41104 |
| 1371(o) | 41106 |
| 1371(p) | 41111 |
| 1371(q) | 41112 |
| 1371(r) | 41110 |
| 1371a (related to certificate) | 41110 |
| 1371a (related to permit) | 41304 |
| 1372(a) | 41301 |
| 1372(b) | 41302 |
| 1372(c), (d) | 41305 |
| 1372(e) (related to duration of permits) | 41304 |
| 1372(e) (related to terms, conditions, or limitations of permits) | 41305 |
| 1372(f) | 41304 |
| 1372(g) | 41303 |
| 1372(h) | 41306 |
| 1373(a) | 41504 |
| 1373(b)(1) (1st sentence) | 41510 |
| 1373(b)(1) (2d–last sentences) | 41511 |
| 1373(b)(2) | 41510 |
| 1373(c)(1), (2) | 41504 |
| 1373(c)(3) | 41509 |
| 1373(d) | 41506 |
| 1374(a)(1) | 41702 |
| 1374(a)(2) | 41501 |
| 1374(b) | 41310 |
| 1374(c) | 41705 |
| 1374(d)(1) | 41706 |
| 1374(d)(2) | 46301 |
| 1374 note | 41706 |
| 1375(a) | Rep. |
| 1375(b) | 41902 |
| 1375(c), (d) | 41903 |
| 1375(e)(1) | 41912 |
| 1375(e)(2) | 41904 |
| 1375(f)(1) (1st sentence) | 41905 |
| 1375(f)(1) (2d–last sentences), (2) | 41908 |
| 1375(g) | 41911 |
| 1375(h) | 41906 |
| 1375(i) | Rep. |
| 1375(j) | T. 39 §5007 |
| 1376(a)–(e) | 41901 |
| 1376(f) | 41910 |
| 1376(g) | Rep. |
| 1376(h)(1) | 41907 |
| 1376(h)(2) | 41909 |
| 1376(h)(3) | 41907 |
| 1376a, 1376b | Rep. |
| 1377(a) | 41708 |
| 1377(b), (c) | Rep. |
| 1377(d), (e) (1st–3d sentences) | 41709 |
| 1377(e) (last sentence) | 41708 |
| 1378, 1379 | Rep. |
| 1380, 1380 note | 44909 |
| 1381(a) | 41712 |
| 1381(b) | 41707 |
| 1382(a), (b) | 41309 |
| 1382(c) | 42111 |
| 1383 | 40102 |
| 1384 | 41308 |
| 1385 | 41711 |
| 1386(a) | 41701 |
| 1386(b) | 40109 |
| 1387, 1388(a)(1)–(3) | Rep. |
| 1388(a)(4) | 41103 |
| 1388(b)(1)(A) | Rep. |
| 1388(b)(1)(B), (2) | 41103 |
| 1388(b)(3) | Rep. |
| 1388(b)(4) | 41110 |
| 1388(c), (d) | 41103 |
| 1389(a) | 41731 |
| 1389(b)(1) | 41733 |
| 1389(b)(2) | 41734 |
| 1389(b)(3), (4) | 41733 |
| 1389(b)(5)–(8) | 41734 |
| 1389(b)(9) | 41733 |
| 1389(c) | 41735 |
| 1389(d) | 41736 |
| 1389(e)(1) | 41738 |
| 1389(e)(2)–(g) | 41737 |
| 1389(h) | 41741 |
| 1389(i) | 41739 |
| 1389(j) | 41740 |
| 1389(k)(1) | 41732 |
| 1389(k)(2)–(5) | 41731 |
| 1389(l) | 41737 |
| 1389(m) | 41742 |
| 1401(a) | 44101 |
| 1401(b) | 44102 |
| 1401(c), (d) | 44103 |
| 1401(e)(1) | 44105 |
| 1401(e)(2)(A)–(C) | 44106 |
| 1401(e)(2)(D), (E) | 44103 |
| 1401(e)(2)(F) | 44106 |
| 1401(f), (g) | 44103 |
| 1401(h) | 44111 |
| 1401 note | 44111, 44703, 44713 |
| 1402 | 44104 |
| 1403(a), (b) | 44107 |
| 1403(c), (d) | 44108 |
| 1403(e), (f) | 44107 |
| 1403(g) | 44110 |
| 1403(h) | 44704 |
| 1404 | 44112 |
| 1405 (1st sentence) | 44104 |
| 1405 (2d sentence) | 44103 |
| 1405 (last sentence) | 46301 |
| 1406, 1406 note | 44108 |
| 1421(a), (b) (1st sentence related to standards, rules, and regulations) | 44701 |
| 1421(b) (1st sentence related to issuing certificates) | 44702 |
| 1421(b) (2d sentence) | 44702 |
| 1421(b) (last sentence), (c) | 44701 |
| 1421(d) | 44712 |
| 1421(e) | 44714 |
| 1421(f) | 44716 |
| 1421 notes | 44716, 44717, 44722 |
| 1422(a) (1st–10th words) | 44702 |
| 1422(a) (11th–last words), (b)(1), (2)(A), (B) | 44703 |
| 1422(b)(2)(C) | 44710 |
| 1422(c), (d) | 44703 |
| 1423(a)(1) (related to issuing certificates) | 44702 |
| 1423(a)(1) (related to regulations for appliances), (2) | 44704 |
| 1423(b) (related to issuing certificates) | 44702 |
| 1423(b) (related to basis for issuing, and contents of, certificates) | 44704 |
| 1423(c) (related to issuing certificates) | 44702 |
| 1423(c) (related to basis for issuing, and contents of, certificates) | 44704 |
| 1424(a) (related to issuing certificates) | 44702 |
| 1424(a) (related to standards) | 44701 |
| 1424(b) | 44705 |
| 1425 | 44713 |
| 1426 (1st sentence) | 44708 |
| 1426 (last sentence) | 44702 |
| 1427 (1st sentence) | 44707 |
| 1427 (last sentence), 1428 | 44702 |
| 1429(a) (1st–7th sentences) | 44709 |
| 1429(a) (8th–last sentences related to Administrator under subchapter VII) | 1153 |
| 1429(a) (8th–last sentences less Administrator under subchapter VII), (b) | 44709 |
| 1429(c) | 44710 |
| 1430 | 44711 |
| 1431(a)–(d) | 44715 |
| 1431(e) | 44709 |
| 1432(a) (related to issuing certificates) | 44702 |
| 1432(a) (related to standards) | 44701 |
| 1432(b), (c) | 44706 |
| 1432(d) | 44914 |
| 1433(a), (b) | 40103 note |
| 1433(c) | Rep. |
| 1434(a) | 45102 |
| 1434(b) | 45103 |
| 1434(c) | 45105 |
| 1434(d) | 45104 |
| 1434(e) | 45106 |
| 1434(f) | 45101 |
| 1441(a)(1), (2) | 1132 |
| 1441(a)(3) | 1116 |
| 1441(a)(4) | 1131 |
| 1441(a)(5) | 1116 |
| 1441(b) | 1113 |
| 1441(c) (1st sentence) | 1132 |
| 1441(c) (2d, last sentences), (d) | 1134 |
| 1441(e) | 1154 |
| 1441(f) | 1131 |
| 1441(g), 1442 | 1132 |
| 1443 | 1112 |
| 1461(a) | 41307 |
| 1461(b) | 41509 |
| 1462 | 40105 |
| 1463 | 44720 |
| 1471(a)(1) (related to subchapter VII) | 1155 |
| 1471(a)(1) (less subchapter VII), (2) (related to subchapter III, V, VI, or XII, §1501, 1514, or 1515(e)(2)(B), and Postal Service) | 46301 |
| 1471(a)(2) (related to 1471(c)) | 46302 |
| 1471(a)(2) (related to 1471(d)) | 46303 |
| 1471(a)(2) (related to subchapter VII) | 1155 |
| 1471(a)(3) (less (D)(v) (related to Administrator under subchapter VII)) | 46301 |
| 1471(a)(3)(D)(v) (related to Administrator under subchapter VII) | 1153 |
| 1471(b) | 46304 |
| 1471(c) | 46302 |
| 1471(d) | 46303 |
| 1472(a) | 46316 |
| 1472(b) | 46306 |
| 1472(c) | 46308 |
| 1472(d) | 46309 |
| 1472(e) | 46310 |
| 1472(f) | 46311 |
| 1472(g) | 46313 |
| 1472(h)(1) | 40113 |
| 1472(h)(2) | 46312 |
| 1472(h)(3) | 40113 |
| 1472(i) | 46502 |
| 1472(j) | 46504 |
| 1472(k) | 46506 |
| 1472(l) | 46505 |
| 1472(m) | 46507 |
| 1472(n)(1) | 46502 |
| 1472(n)(2) | 46501 |
| 1472(n)(3) | 46502 |
| 1472(n)(4) | 46501 |
| 1472(o) | T. 28 §538 |
| 1472(p) | 1155 |
| 1472(q) | 46315 |
| 1472(r) | 46314 |
| 1473(a) | Rep. |
| 1473(b)(1) | 1155, 46305 |
| 1473(b)(2), (3) | 46304 |
| 1473(b)(4) | 1155, 46305 |
| 1473(c) | 46503 |
| 1474 | T. 19 §1644a |
| 1475 | Rep. |
| 1481 | 46102 |
| 1482(a)–(c) | 46101 |
| 1482(d), (e) | Rep. |
| 1482(f) | 41507 |
| 1482(g) | Rep. |
| 1482(h) | 41508 |
| 1482(i) | Rep. |
| 1482(j)(1)–(7) | 41509 |
| 1482(j)(8) | Rep. |
| 1482(j)(9), (10) | 41509 |
| 1482(k) | Rep. |
| 1482a | 41505 |
| 1483(a) | Rep. |
| 1483(b) | 41502 |
| 1483(c)–(e) | Rep. |
| 1484 | 46104 |
| 1485(a) | 46105 |
| 1485(b), (c) | 46103 |
| 1485(d)–(f) | 46105 |
| 1486 (related to CAB) | 1153, 46110 |
| 1486 (related to Secretary) | 46110 |
| 1487(a) (related to CAB) | 1151, 46106 |
| 1487(a) (related to Attorney General) | 46107 |
| 1487(a) (related to party in interest) | 46108 |
| 1487(a) (related to Secretary) | 46106 |
| 1487(b) (related to CAB) | 1151, 46107 |
| 1487(b) (related to Secretary) | 46107 |
| 1488 (related to CAB) | 1151, 46107 |
| 1488 (related to Secretary) | 46107 |
| 1489 | 1152, 46109 |
| 1490 | 41710 |
| 1501 | 44718 |
| 1502(a) | 40105 |
| 1502(b) | 40101 |
| 1502(c), (d) | 40105 |
| 1503 | 40114 |
| 1504 | 40115 |
| 1505 | 40113 |
| 1506 | 40120 |
| 1507 | 44502 |
| 1508(a) | 40103 |
| 1508(b) | 41703 |
| 1509(a) | 40120 |
| 1509(b)–(e) | T. 19 §1644a |
| 1509(f), 1509 note | 44109 |
| 1510 | 40120 |
| 1511 | 44902 |
| 1512, 1513(a), (b) | 40116 |
| 1513(c) | Rep. |
| 1513(d) | 40116 |
| 1513(e) | 40117 |
| 1513(f) | 40116 |
| 1514 | 40106 |
| 1515 | 44907 |
| 1515 note | 44910 |
| 1515a | 44908 |
| 1516 | 41704 |
| 1517, 1518 | 40118 |
| 1519 | 44721 |
| 1521, 1522 | 40103 |
| 1523 | 46307 |
| 1531 | 44301 |
| 1532(a) | 44302 |
| 1532(b), (c) | 44306 |
| 1533 | 44303 |
| 1534 | 44305 |
| 1535 | 44304 |
| 1536(a)–(d) | 44307 |
| 1536(e) | Rep. |
| 1536(f) | 44307 |
| 1537(a) (1st sentence) | 44308 |
| 1537(a) (last sentence words between 2d and 3d commas) | 44302 |
| 1537(a) (last sentence less words between 2d and 3d commas) | 44306 |
| 1537(b)–(d) | 44308 |
| 1537(e) | Rep. |
| 1537(f) | 44308 |
| 1538, 1539 | Rep. |
| 1540 | 44309 |
| 1541 | 44302 |
| 1542 | 44310 |
| 1551(a)(1)(A) | 41102 |
| 1551(a)(1)(B) | 41102, 41110 |
| 1551(a)(1)(C) | 41109 |
| 1551(a)(1)(D) | 41312 |
| 1551(a)(1)(E) (related to 49:1371(n)(1)) | Rep. |
| 1551(a)(1)(E) (related to 49:1371(n)(4)) | 41104 |
| 1551(a)(1)(F), (G), (2), (3) | Rep. |
| 1551(a)(4)(A) (related to 49:1371(l)) | 41903 |
| 1551(a)(4)(A) (related to 49:1371(m)) | 41107 |
| 1551(a)(4)(A) (related to 49:1375(b)) | 41902 |
| 1551(a)(4)(A) (related to 49:1375(c), (d)) | 41903 |
| 1551(a)(4)(B) (related to 49:1373(a)) | 41504 |
| 1551(a)(4)(B) (related to 49:1373(b)) | 41510, 41511 |
| 1551(a)(4)(B) (related to 49:1373(c)(1), (2)) | 41504 |
| 1551(a)(4)(B) (related to 49:1373(c)(3)) | 41509 |
| 1551(a)(4)(B) (related to 49:1373(d)) | 41506 |
| 1551(a)(4)(C) (related to 49:1374(a)(1)) | 41702 |
| 1551(a)(4)(C) (related to 49:1374(a)(2)) | Rep. |
| 1551(a)(4)(C) (related to 49:1374(b)) | 41310 |
| 1551(a)(5)(A)–(C), (D) (related to 49:1482(d), (e), (g)) | Rep. |
| 1551(a)(5)(D) (related to 49:1482(h)) | 41508 |
| 1551(a)(5)(D) (related to 49:1482(i)) | Rep. |
| 1551(a)(6) (related to 49:1382) | 41309 |
| 1551(a)(6) (related to 49:1384) | 41308 |
| 1551(a)(7) | Rep. |
| 1551(a)(8) | 41107, 41901–41903 |
| 1551(b)(1)(A) | Rep. |
| 1551(b)(1)(B) | 40105 |
| 1551(b)(1)(C) (related to 49:1378, 1379) | Rep. |
| 1551(b)(1)(C) (related to 49:1382(a), (b)) | 41309 |
| 1551(b)(1)(C) (related to 49:1382(c)) | 42111 |
| 1551(b)(1)(C) (related to 49:1384) | 41308 |
| 1551(b)(1)(D) | 41901; T. 39 §5402 |
| 1551(b)(1)(E) | 10526, 10749, 40101–40103, 40105, 40106, 40109, 40113, 40114, 40118, 41102–41112, 41302–41307, 41312, 41502–41511, 41701, 41703, 41704, 41708–41713, 41901–41903, 41907, 41910, 44712, 46101–46107, 46109, 46110, 46301–46305, 46309, 46311, 46313, 46316, 47501; T. 18 §6001; T. 39 §5007 |
| 1551(b)(2) | Rep. |
| 1551(b)(3) | 41107, 41901–41903 |
| 1551(c)–(e) | Rep. |
| 1552(a)(1) (1st sentence) | 42102 |
| 1552(a)(1) (last sentence) | 42101 |
| 1552(a)(2)–(c) | 42102 |
| 1552(d)(1), (2) (1st–3d sentences) | 42103 |
| 1552(d)(2)(4th sentence) | 42102 |
| 1552(d)(2) (last sentence), (3) | 42103 |
| 1552(e) | 42102 |
| 1552(f) | 42104 |
| 1552(g) | 42105 |
| 1552(h) | 42101 |
| 1552(i) | 42101–42103 |
| 1552(j) | 42106 |
| 1553(a)(1)–(5) | Rep. |
| 1553(a)(6) | T. 42 §6362 |
| 1553(a)(7) | T. 2 §451 |
| 1553(a)(8)–(10), (b) | Rep. |
| 1553(c) | 41901 |
| 1554–1557 | Rep. |
| 1601–1601b | 5301 |
| 1601c | 308(e) |
| 1602(a)(1), (2)(A), (B) | 5309 |
| 1602(a)(2)(C) | 5323 |
| 1602(a)(3)–(5) | 5309 |
| 1602(a)(6)–(8) | 5328 |
| 1602(b), (c) | 5309 |
| 1602(d)–(g) | 5323 |
| 1602(h) | 5337 |
| 1602(i)–(l) | 5309 |
| 1602(m) (1st sentence) | 5338 |
| 1602(m) (2d–last sentences) | 5318 |
| 1602(n), 1602 note | 5309 |
| 1602–1 | Rep. |
| 1602a | 5323 |
| 1603(a) | 5309 |
| 1603(b)(1) | 5335 |
| 1603(b)(2) | Rep. |
| 1603(c) (1st sentence) | 5312 |
| 1603(c) (last sentence) | 5338 |
| 1603(d) | 5309 |
| 1604, 1604a | Rep. |
| 1604b | 5310 |
| 1605(a) | 5312 |
| 1605(b), (c) | Rep. |
| 1605(d) | 5312 |
| 1606(a) | 5324 |
| 1606(b) | Rep. |
| 1607(a) (1st sentence) | 5301 |
| 1607(a) (2d–last sentences), (b)–(g) | 5303 |
| 1607(h) | 5304 |
| 1607(i), (j) | 5305 |
| 1607(k) | 5334 |
| 1607(l) | 5305 |
| 1607(m) | 5306 |
| 1607(n) | 5303 |
| 1607(o) | 5306 |
| 1607(p) | 5303 |
| 1607(q) | 5323 |
| 1607a(a)–(d) | 5336 |
| 1607a(e)(1) | 5307, 5336 |
| 1607a(e)(2)–(k)(1) | 5307 |
| 1607a(k)(2) | 5336 |
| 1607a(k)(3), (l) | Rep. |
| 1607a(m)(1) | 5307 |
| 1607a(m)(2)–(o) | 5336 |
| 1607a(p) | 5307 |
| 1607a(q) | 5336 |
| 1607a(r) | 5307 |
| 1607a(s), (t) | 5336 |
| 1607a note | 5307 |
| 1607a–1 | Rep. |
| 1607a–2(a), (b) | 5308 |
| 1607a–2(c) | 5338 |
| 1607b, 1607c(a) | 5312 |
| 1607c(b)(1)–(8)(B)(ii) | 5317 |
| 1607c(b)(8)(B)(iii) | 5338 |
| 1607c(b)(8)(B)(iv)–(10)(B) | 5317 |
| 1607c(b)(10)(C) | 5338 |
| 1607c(b)(10)(D)–(12) | 5317 |
| 1607c(b)(13) | 5338 |
| 1607c(b)(14), (15) | 5317 |
| 1607c(c)(1)–(5) | 5316 |
| 1607c(c)(6) | 5338 |
| 1607c(c)(7) | 5316 |
| 1608(a) | 5334 |
| 1608(b) | 5325 |
| 1608(c) | 5302 |
| 1608(d) | 5324 |
| 1608(e) | 5323 |
| 1608(f) | 10531 |
| 1608(g), (h)(1) | 5323 |
| 1608(h)(2) | 5302 |
| 1608(i) | 5334 |
| 1608(j) | 5323 |
| 1608(k) | 5334 |
| 1608(l) | 5326 |
| 1608(m) | 5323 |
| 1608 notes | 5302, 5318 |
| 1608 note (related to authority and functions reserved to Secretary of Housing and Urban Development) | 5334 |
| 1609 | 5333 |
| 1610(a) (1st sentence) | 5301 |
| 1610(a) (last sentence)–(c) | 5324 |
| 1611(a), (b) | 5335 |
| 1611(c) | Rep. |
| 1612(a) | 5301 |
| 1612(b) (1st sentence) | 5310 |
| 1612(b) (last sentence) | 5338 |
| 1612(c) | 5310 |
| 1612(d) | 5338 |
| 1612(e), (f) | 5310 |
| 1613 | Rep. |
| 1614(a) (1st, 2d sentences) | 5311 |
| 1614(a) (last sentence) | 5338 |
| 1614(b)–(f) | 5311 |
| 1614(g) (related to 1612(b)) | 5310 |
| 1614(g) (related to this section)–(i) | 5311 |
| 1615(a)[no (b)] | 5332 |
| 1616 | 5322 |
| 1617 | 5338 |
| 1618 | 5329 |
| 1618a | 5331 |
| 1619 | 5327 |
| 1620 | 5321 |
| 1621 | 5319 |
| 1622(a) | 5313 |
| 1622(b)(1)–(8) (related to this subsection) | 5314 |
| 1622(b)(8) (related to subsection (a)(1)) | 5313 |
| 1622(c) | 5320 |
| 1623 | 5335 |
| 1624 | 5330 |
| 1625(a)–(c) | 5315 |
| 1625(d) | 5338 |
| 1631–1633 | Elim. |
| 1634 | 329 |
| 1635–1641 | Elim. |
| 1642, 1643 | Rep. |
| 1651(a), (b)(1) | 101 |
| 1651(b)(2) | 303 |
| 1652(a)–(d) | 102 |
| 1652(e) (related to FAA) | 106 |
| 1652(e)(1) (related to FHWA) | 104 |
| 1652(e)(1) (related to FRA) | 103 |
| 1652(e)(3) (related to USCG) | 108 |
| 1652(e)(3) (related to FHWA) | 104 |
| 1652(e)(3) (related to FRA) | 103 |
| 1652(e)(4) (related to FHWA) | 104 |
| 1652(e)(4) (related to FRA) | 103 |
| 1652(f) | Rep. |
| 1652a | 103 |
| 1652b | 44931 |
| 1652b note | 337 |
| 1653(a) | 301 |
| 1653(b) | 302 |
| 1653(c) | 351 |
| 1653(d) | 352 |
| 1653(e) | 307 |
| 1653(f) | 303 |
| 1653(g) | 304 |
| 1653(h) | Rep. |
| 1653(i)(1) | 5562 |
| 1653(i)(2) | 5563 |
| 1653(i)(3) | 5564 |
| 1653(i)(4) | 5562 |
| 1653(i)(5) | 5565 |
| 1653(i)(6) | Rep. |
| 1653(i)(7) | 5567 |
| 1653(i)(8) | 5566 |
| 1653(i)(9) | 5568 |
| 1653(i)(10) | 5561 |
| 1653(i)(11) | 5562 |
| 1653 note | 335 |
| 1653a | Rep. |
| 1654(a)–(e) | 333 |
| 1654(a) | 22102 |
| 1654(b), (c) | 22101 |
| 1654(d) | 22106 |
| 1654(e) | 22105 |
| 1654(f) | 22103 |
| 1654(g) | 22104 |
| 1654(h) | 22108 |
| 1654(i) | 22106 |
| 1654(j) | 22105 |
| 1654(k)–(m) | 22107 |
| 1654(n)–(p) | 22101 |
| 1654(q) | 22108 |
| 1654a | 308(d) |
| 1655(a)(1)(A) | Rep. |
| 1655(a)(1)(B), (C) | (See §2 of Pub. L. 97–449.) |
| 1655(a)(1)(D) | Rep. |
| 1655(a)(1)(E)–(M) | (See §2 of Pub. L. 97–449.) |
| 1655(a)(2)(A) (related to 49:1634) | 329 |
| 1655(a)(2), (3) | Rep. |
| 1655(a)(4) | (See §2 of Pub. L. 97–449.) |
| 1655(a)(5) | Rep. |
| 1655(a)(6)(A) | 30102 |
| 1655(a)(6)(B) | (See §2 of Pub. L. 97–449.) |
| 1655(b)(1), (2) | 108 |
| 1655(b)(3) | Rep. |
| 1655(c)(1) (1st sentence proviso, 2d, last sentences) | 106 |
| 1655(c)(1) | 1116, 1131, 1132, 1153, 40101–40109, 40113, 40114, 44103–44105, 44107, 44110, 44501, 44502, 44504, 44505, 44701–44705, 44707–44709, 44711, 44713, 44720, 44721, 45303, 46101–46107, 46110, 46301, 46304, 46308, 46311, 46313, 46316, 47151–47153, 47302–47306 |
| 1655(c)(2) | Rep. |
| 1655(d) (1st sentence) | 1112, 1113, 1116, 1131, 1132, 1134, 1151–1155 |
| 1655(d) (last sentence) | 1153 |
| 1655(e)(1)(A) | 20302, 21302 |
| 1655(e)(1)(B) | 20302 |
| 1655(e)(1)(C) | 20302, 21302 |
| 1655(e)(1)(D) | Rep. |
| 1655(e)(1)(E), (F) | 20701–20703, 21302 |
| 1655(e)(1)(G) | 20702, 20703, 21302 |
| 1655(e)(1)(H) | Rep. |
| 1655(e)(1)(I) | 20305, 20504 |
| 1655(e)(1)(J) | 20305 |
| 1655(e)(1)(K) | 20901, 20902, 21302 |
| 1655(e)(2) | Rep. |
| 1655(e)(3) | 80504 |
| 1655(e)(4) | Rep. |
| 1655(e)(5) | (See §2 of Pub. L. 97–449.) |
| 1655(e)(6)(A) | 20502–20505, 21302 |
| 1655(e)(6)(B) | 3103 |
| 1655(e)(6)(C) | 3102, 3103 |
| 1655(e)(6)(D) (related to “Sec. 321(a), (c)”) | 503 |
| 1655(e)(6)(D) (related to “Sec. 324”) | 3104 |
| 1655(f)(1) | Rep. |
| 1655(f)(2) | 501, 502, 504–507, 521–526 |
| 1655(f)(3)(A), (C) (related to FRA) | 103 |
| 1655(f)(3)(B), (C) (related to FHWA) | 104 |
| 1655(g)(1)–(3), (4)(A), (B), (E), (5), (6) | (See §2 of Pub. L. 97–449.) |
| 1655(h), (i) | Rep. |
| 1656(less (a) next-to-last par.) | 305 |
| 1656(a) (next-to-last par.) | (See T. 42 §1962a–2(a).) |
| 1657(a), (b) | 323 |
| 1657(c), (d) | 324 |
| 1657(e)–(g) | 322 |
| 1657(h), (i) | Rep. |
| 1657(j) | 327 |
| 1657(k) | 102 |
| 1657(l) | 331 |
| 1657(m) | 326 |
| 1657(n) | 329 |
| 1657(o) | 325 |
| 1657(p) | 324 |
| 1657(q)(1)–(3) | 330 |
| 1657(q)(4) | Rep. |
| 1657(r) | 328 |
| 1657–1 | 353 |
| 1657a | 332 |
| 1658 | 308(a) |
| 1659 | Rep. |
| 1660 | 335 |
| 1671(1)–(4) (1st–32d words) | 60101 |
| 1671(4) (33d–last words) | 60104 |
| 1671(5), (6) | 60101 |
| 1671(7) | 60115 |
| 1671(8)–(17) | 60101 |
| 1671 note | 60101 |
| 1672(a)(1) (1st–5th sentences) | 60102 |
| 1672(a)(1) (6th sentence) | 60104 |
| 1672(a)(1) (7th, 8th sentences) | 60102 |
| 1672(a)(1) (9th, last sentences) | 60104 |
| 1672(a)(2), (3), (b) | 60102 |
| 1672(c) | 60104 |
| 1672(d) | 60118 |
| 1672(e)–(g) | 60102 |
| 1672(h) | 60108 |
| 1672(i) | 60109 |
| 1672(j) | 60110 |
| 1672(k) | 60113 |
| 1673 | 60115 |
| 1674(a) | 60105 |
| 1674(b), (c) (related to agreement) | 60106 |
| 1674(c) (related to certification) | 60105 |
| 1674(d) | 60107 |
| 1674(e) | 60105 |
| 1674(f) | 60106 |
| 1674a | 60103 |
| 1674b(a) | Rep. |
| 1674b(b)(1)–(3) | 60111 |
| 1674b(b)(4) | 60119 |
| 1674b(c) | 60111 |
| 1675 | 60119 |
| 1676(a) | 60104 |
| 1676(b) | 60117 |
| 1677(a), (b)(1) | 60118 |
| 1677(b)(2), (c) | 60120 |
| 1678, 1679 | Rep. |
| 1679a(a), (b) | 60122 |
| 1679a(c) | 60123 |
| 1679a(d) | 60122 |
| 1679b(a) | 60120 |
| 1679b(b) | 60112 |
| 1680 | 60108 |
| 1681(a)–(e) | 60117 |
| 1681(f) | 60120 |
| 1682 | 60117 |
| 1682 note | 60117 |
| 1682a | 60301 |
| 1683 | 60124 |
| 1684(a) | 60125 |
| 1684(b) | Rep. |
| 1684(c)–(e) | 60125 |
| 1684(f) | Rep. |
| 1685(a) | 60116 |
| 1685(b) | 60113 |
| 1686 | 60121 |
| 1687(a)–(e) | 60114 |
| 1687(f) | 60125 |
| 1687(g) | 60123 |
| 1687(h) | 60114 |
| 1688 | 60101 |
| 1701–1703 | Rep. |
| 1704 | 44503 |
| 1711–1713 | Rep. |
| 1713a | 47127 |
| 1714–1730 | Rep. |
| 1731 | 47106 |
| 1741 | 80503 |
| 1742 | Rep. |
| 1743 | 44502 |
| 1761, 1762 | Rep. |
| 1801 | 5101 |
| 1802 | 5102 |
| 1803, 1804(a)(1)–(3) | 5103 |
| 1804(a)(4), (5) | 5125 |
| 1804(b)(1)–(3) | 5112 |
| 1804(b)(4) | 5125 |
| 1804(b)(5)–(9), (c) | 5112 |
| 1804(d) | 5120 |
| 1804(e), (f) | 5104 |
| 1804(g) | 5110 |
| 1805(a) | 5106 |
| 1805(b) | 5107 |
| 1805(c) | 5108 |
| 1805(d) | 5109 |
| 1805(e), (f) | Rep. |
| 1805 note | 5109 |
| 1806 | 5117 |
| 1807 | 5114 |
| 1808(a) (1st sentence, last sentence words before semicolon) | 5121 |
| 1808(a) (last sentence words after semicolon) | 5122 |
| 1808(b)–(e) | 5121 |
| 1809(a) | 5123 |
| 1809(b) | 5124 |
| 1810 | 5122 |
| 1811(a)–(e) | 5125 |
| 1811(f) | 5126 |
| 1812 | 5127 |
| 1813 | 5105 |
| 1813 note | 5105, 5118 |
| 1814 | 5113 |
| 1815(a)–(f) | 5116 |
| 1815(g)(1)–(6) | 5115 |
| 1815(g)(7) | 5116 |
| 1815(g)(8) | 5115 |
| 1815(g)(9) | 5116 |
| 1815(h)(1)–(5) | 5108 |
| 1815(h)(6) | 5116 |
| 1815(i) | 5127 |
| 1816(a)–(c) | 5107 |
| 1816(d) | 5127 |
| 1817 | 5111 |
| 1818 | 5126 |
| 1819(a)–(g) | 5119 |
| 1819(h) | 5127 |
| 1901 | Rep. |
| 1902 | 1111 |
| 1903(a)(1)(A) | 1112, 1113, 1116, 1131, 1132, 1134, 1151, 1152, 1154, 1155 |
| 1903(a)(1)(B)–(2) | 1131 |
| 1903(a)(3)–(8) | 1116 |
| 1903(a)(9) | 1133 |
| 1903(b)(1) | 1113 |
| 1903(b)(2) | 1134 |
| 1903(b)(3), (4) | 1113 |
| 1903(b)(5) | 1134 |
| 1903(b)(6)–(9) | 1113 |
| 1903(b)(10) | 1115 |
| 1903(b)(11) | 1114 |
| 1903(b)(12) | 1113 |
| 1903(c) | 1154 |
| 1903(d) | 1153 |
| 1904 | 1117 |
| 1905(a)–(c)(2) | 1114 |
| 1905(c)(3) | 1114, 1154 |
| 1905(d) | 1154 |
| 1906 | 1135 |
| 1907 | 1118 |
| 2001(1)–(4) (1st–27th words) | 60101 |
| 2001(4) (28th–last words) | 60104 |
| 2001(5)–(9) | 60101 |
| 2001(10) | 60115 |
| 2001(11) | 60101 |
| 2001 note | 60101 |
| 2002(a)–(c) (4th sentence) | 60102 |
| 2002(c) (last sentence), (d) | 60104 |
| 2002(e), (f) | 60102 |
| 2002(g) | 60104 |
| 2002(h) | 60118 |
| 2002(i)–(k) | 60102 |
| 2002(l) | 60108 |
| 2002(m) | 60109 |
| 2002(n) | 60102 |
| 2003 | 60115 |
| 2004(a) | 60105 |
| 2004(b), (c) (related to agreement) | 60106 |
| 2004(c) (related to certification) | 60105 |
| 2004(d) | 60107 |
| 2004(e), (f) | 60105 |
| 2004(g) | 60106 |
| 2005 | 60119 |
| 2006(a), (b)(1) | 60118 |
| 2006(b)(2), (c) | 60120 |
| 2007(a), (b) | 60122 |
| 2007(c) | 60123 |
| 2007(d) | 60122 |
| 2008(a) | 60120 |
| 2008(b) | 60112 |
| 2009(a), (b) | 60108 |
| 2009(c) | Rep. |
| 2009(d) | 60108 |
| 2010(a)–(e) | 60117 |
| 2010(f) | 60120 |
| 2011 | 60117 |
| 2012 | 60124 |
| 2013(a) | 60125 |
| 2013(b) | Rep. |
| 2014 | 60121 |
| 2015, 2015 note | 60102 |
| 2016 | 60101 |
| 2101 | 47501 |
| 2102 | 47502 |
| 2103(a) | 47503 |
| 2103(b) | 47505 |
| 2104(a)–(d) | 47504 |
| 2104(e), 2105 | Rep. |
| 2106 | 47507 |
| 2107 | 47506 |
| 2108 | Rep. |
| 2121 | Rep. |
| 2122(a) | 47508 |
| 2122(b)–2124 | Rep. |
| 2125 | 47510 |
| 2151 | 47521 |
| 2152 | 47523 |
| 2153(a)–(g) | 47524 |
| 2153(h) | 47533 |
| 2154 | 47525 |
| 2155 | 47527 |
| 2156 | 47526 |
| 2157(a)–(c) | 47528 |
| 2157(d) | 47530 |
| 2157(e) | 47531 |
| 2157(f) | 47532 |
| 2157(g) | 47528 |
| 2157(h) | 47522 |
| 2157(i) | 47528 |
| 2158 | 47529 |
| 2201 | 47101 |
| 2202(a)(1)–(5) | 47102 |
| 2202(a)(6) | 47107 |
| 2202(a)(7) | 47102 |
| 2202(a)(8) | 47102, 47106 |
| 2202(a)(9), (10) | 47102 |
| 2202(a)(11) | 47117 |
| 2202(a)(12)–(19) | 47102 |
| 2202(a)(20) | 47101 |
| 2202(a)(21)–(23) | 47102 |
| 2202(a)(24) | 47104, 47107, 48101–48104, 48108 |
| 2202(a)(25) | Rep. |
| 2202(b) | 47102 |
| 2203(a) | 47103 |
| 2203(b) | 44501 |
| 2203(c), (d)(1) | 47103 |
| 2203(d)(2) | Rep. |
| 2204(a) (1st sentence) | 47104 |
| 2204(a) (2d sentence) | 48103 |
| 2204(a) (last sentence) | Rep. |
| 2204(b)(1) | 47104 |
| 2204(b)(2) | 47107 |
| 2204(c) | Rep. |
| 2204(d) | 47113 |
| 2204 note | 47104 |
| 2205(a)(1), (2) | 48101 |
| 2205(a)(3) | 44502 |
| 2205(b)(1) | 44509 |
| 2205(b)(2)–(5) | 48102 |
| 2205(c) | 48104 |
| 2205(d) | 48105 |
| 2205(e)(1)–(3) | 48108 |
| 2205(e)(4) | 47117 |
| 2205(e)(5) | 48108 |
| 2205(f) | 48109 |
| 2205 note | 44502 |
| 2206(a), (b)(1)–(5)(C) | 47114 |
| 2206(b)(5)(D) | 47117 |
| 2206(b)(5)(E), (F), (6), (7) | 47114 |
| 2206(c) | 47115 |
| 2206(d) | 47116 |
| 2206(e), (f) | 47114 |
| 2206 note | 47115 |
| 2207(a)–(e)(2) | 47117 |
| 2207(e)(3) | Rep. |
| 2207(f) | 47118 |
| 2208(a)(1) | 47105 |
| 2208(a)(2) | Rep. |
| 2208(a)(3) | 47105 |
| 2208(b)(1)(A)–(D) | 47106 |
| 2208(b)(1)(E) | 47107 |
| 2208(b)(2)–(4) | 47106 |
| 2208(b)(5) (1st sentence, last sentence words before 11th comma) | 47101 |
| 2208(b)(5) (last sentence words after 11th comma)–(8) | 47106 |
| 2208(b)(9) | 47120 |
| 2208(c)–(e) | 47105 |
| 2209 | 47109 |
| 2210(a), (b) | 47107 |
| 2210(c) | 47105 |
| 2210(d)–(h) | 47107 |
| 2210 note | 47107 |
| 2211 | 47108 |
| 2212(a), (b)(1) | 47110 |
| 2212(b)(2)–(4) | 47119 |
| 2212(b)(5) | 47109 |
| 2212(b)(6), (c), (d) | 47110 |
| 2213 | 47111 |
| 2214 | 47112 |
| 2215 | 47125 |
| 2216 | 47126 |
| 2217 | 47121 |
| 2218(a) | 47122 |
| 2218(b) (related to application) | 47106 |
| 2218(b) (related to payment) | 47111 |
| 2219 | 47123 |
| 2220 | 47129 |
| 2221 | Rep. |
| 2222, 2222 note | 47124 |
| 2223 | Rep. |
| 2224 | 44514 |
| 2225 | 44913 |
| 2226 | 49104 |
| 2226a | 49101 |
| 2226b | 49105 |
| 2226c | 49102 |
| 2226d | 49103 |
| 2227 | 47128 |
| 2301 | 31101 |
| 2302 | 31102 |
| 2302 notes | 31104, 31307 |
| 2303 | 31103 |
| 2304, 2304 note | 31104 |
| 2305 | 31105 |
| 2306 | 31106 |
| 2307 | 31107 |
| 2311(a)–(i) | 31111 |
| 2311(j) | 31112 |
| 2312 | 31114 |
| 2313 | 31115 |
| 2314, 2315 | Rep. |
| 2316 | 31113 |
| 2401–2407 | Elim. |
| 2421–2433 | Elim. |
| 2451–2461 | 49101–49109 |
| 2501 | 31131 |
| 2501 notes | 5113, 31161 |
| 2502 | 31131 |
| 2503 | 31132 |
| 2504 | 31135 |
| 2505 | 31136 |
| 2505 note | 31137 |
| 2506 | 31140 |
| 2507 | 31141 |
| 2508 | 31134 |
| 2509 | 31142 |
| 2510 | 31133 |
| 2511 | 31143 |
| 2511a | 31162 |
| 2512 | 31144 |
| 2513–2517(a) | Rep. |
| 2517(b) | 31145 |
| 2518 | 31146 |
| 2519 | 31147 |
| 2520 | Rep. |
| 2521 | 31137 |
| 2601, 2602 | 70101 |
| 2603 | 70102 |
| 2604(a)(1) | 70103 |
| 2604(a)(2) | 70116 |
| 2604(b) | 70103 |
| 2605(a), (b) | 70104 |
| 2605(c) | 70117 |
| 2606 (1st sentence) | 70105 |
| 2606 (last sentence) | 70107 |
| 2607, 2608(a), (b) | 70105 |
| 2608(c) | 70114 |
| 2609 | 70107 |
| 2610 | 70108 |
| 2611 | 70110 |
| 2612 | Rep. |
| 2613 | 70106 |
| 2614(a), (b)(1)–(3) | 70111 |
| 2614(b)(4) | 70109 |
| 2614(c) | 70112 |
| 2614(d) | 70111 |
| 2615(a) | 70112 |
| 2615(b) | 70113 |
| 2615(c) | 70112 |
| 2616–2618 | 70115 |
| 2619 | 70116 |
| 2620 | 70117 |
| 2621, 2622 | Rep. |
| 2623 (last sentence) | 70118 |
| 2623 (less last sentence) | 70119 |
| 2701 | 31302 |
| 2702 | 31303 |
| 2703 | 31304 |
| 2704(a), (b) | 31305 |
| 2704(c)–(e) | 31312 |
| 2705 | 31308 |
| 2706, 2706 note | 31309 |
| 2707 | 31310 |
| 2708 | 31311 |
| 2709 | 31313 |
| 2710 | 31314 |
| 2711 | 31315 |
| 2712, 2713 | Rep. |
| 2714 | 31316 |
| 2715 | 31317 |
| 2716 | 31301 |
| 2717 | 31306 |
| 2718 | 31310 |
| 2801 | 5701 |
| 2801 note | 5713 |
| 2802 | 5702 |
| 2803 | 5703 |
| 2804 | 5704 |
| 2805 | 5705 |
| 2806 | 5706 |
| 2807 | 5707 |
| 2808 | 5708 |
| 2809 | 5710 |
| 2810 | 5711 |
| 2811 | 5712 |
| 2812 | 5714 |
Enacting Clauses
Section 1(a) of Pub. L. 103–272, July 5, 1994, 108 Stat. 745, provided that: “Certain general and permanent laws of the United States, related to transportation, are revised, codified, and enacted by subsections (c)–(e) of this section without substantive change as subtitles II, III, and V–X of title 49, United States Code, ‘Transportation’. Those laws may be cited as ‘49 U.S.C. ————’.”
Section 1(a) of Pub. L. 97–449, Jan. 12, 1983, 96 Stat. 2413, provided that: “Certain general and permanent laws of the United States, related to transportation, are revised, codified, and enacted by subsection (b) of this section without substantive change as subtitle I and chapter 31 of subtitle II of title 49, United States Code, ‘Transportation’. Those laws may be cited as ‘49 U.S.C. §————’.”
Section 1 of Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1337, provided in part: “That certain general and permanent laws of the United States, related to transportation, are revised, codified, and enacted as [subtitle IV of] title 49, United States Code, ‘Transportation’.”
Clarification of Congressional Intent
Pub. L. 100–561, title III, §308, Oct. 31, 1988, 102 Stat. 2817, which provided that Pub. L. 95–473 did not repeal and had no substantive effect on any rights, obligations, liabilities, or remedies of oil pipelines, including those arising under any provisions of the Interstate Commerce Act or the Pomerene Bills of Lading Act, before any Federal department or agency or official thereof or a court of competent jurisdiction, was repealed and reenacted as section 60503 of this title by Pub. L. 103–272, §§1(e), 7(b), July 5, 1994, 108 Stat. 1329, 1379.
Legislative Purpose and Construction
Section 4 of Pub. L. 105–102, Nov. 20, 1997, 111 Stat. 2216, provided that:
“(a)
“(b)
“(c)
“(d)
“(e)
“(f)
Section 9 of Pub. L. 104–287, Oct. 11, 1996, 110 Stat. 3400, provided that:
“(a)
“(b)
“(c)
“(d)
“(e)
“(f)
Section 10 of Pub. L. 103–429, Oct. 31, 1994, 108 Stat. 4391, provided that:
“(a)
“(b)
“(c)
“(d)
“(e)
“(f)
Section 6 of Pub. L. 103–272, July 5, 1994, 108 Stat. 1378, provided that:
“(a) Sections 1–4 of this Act restate, without substantive change, laws enacted before July 1, 1993, that were replaced by those sections. Those sections may not be construed as making a substantive change in the laws replaced. Laws enacted after June 30, 1993, that are inconsistent with this Act supersede this Act to the extent of the inconsistency.
“(b) A reference to a law replaced by sections 1–4 of this Act, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision enacted by this Act.
“(c) An order, rule, or regulation in effect under a law replaced by sections 1–4 of this Act continues in effect under the corresponding provision enacted by this Act until repealed, amended, or superseded.
“(d) An action taken or an offense committed under a law replaced by sections 1–4 of this Act is deemed to have been taken or committed under the corresponding provision enacted by this Act.
“(e) An inference of legislative construction is not to be drawn by reason of the location in the United States Code of a provision enacted by this Act or by reason of a caption or catch line of the provision.
“(f) If a provision enacted by this Act is held invalid, all valid provisions that are severable from the invalid provision remain in effect. If a provision enacted by this Act is held invalid in any of its applications, the provision remains valid for all valid applications that are severable from any of the invalid applications.”
Section 5 of Pub. L. 98–216, Feb. 14, 1984, 98 Stat. 7, provided that:
“(a) Sections 1–4 of this Act restate, without substantive change, laws enacted before April 1, 1983, that were replaced by those sections. Sections 1–4 may not be construed as making a substantive change in the laws replaced. Laws enacted after March 31, 1983, that are inconsistent with this Act supersede this Act to the extent of the inconsistency.
“(b) A reference to a law replaced by sections 1–4 of this Act, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision enacted by this Act.
“(c) An order, rule, or regulation in effect under a law replaced by sections 1–4 of this Act continues in effect under the corresponding provision enacted by this Act until repealed, amended, or superseded.
“(d) An action taken or an offense committed under a law replaced by sections 1–4 of this Act is deemed to have been taken or committed under the corresponding provision enacted by this Act.
“(e) An inference of a legislative construction is not to be drawn by reason of the location in the United States Code of a provision enacted by this Act or by reason of the caption or catchline of the provision.
“(f) If a provision enacted by this Act is held invalid, all valid provisions that are severable from the invalid provision remain in effect. If a provision of this Act is held invalid in any of its applications, the provision remains valid for all valid applications that are severable from any of the invalid applications.”
Section 6 of Pub. L. 97–449, Jan. 12, 1983, 96 Stat. 2443, provided that:
“(a) Sections 1–5 of this Act restate, without substantive change, laws enacted before November 15, 1982, that were replaced by those sections. Those sections may not be construed as making a substantive change in the laws replaced. Laws enacted after November 14, 1982, that are inconsistent with this Act supersede this Act to the extent of the inconsistency.
“(b) A reference to a law replaced by sections 1–5 of this Act, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision enacted by this Act.
“(c) An order, rule, or regulation in effect under a law replaced by sections 1–5 of this Act continues in effect under the corresponding provision enacted by this Act until repealed, amended, or superseded.
“(d) An action taken or an offense committed under a law replaced by sections 1–5 of this Act is deemed to have been taken or committed under the corresponding provision enacted by this Act.
“(e) An inference of a legislative construction is not to be drawn by reason of the location in the United States Code of a provision enacted by this Act or by reason of the caption or catchline thereof.
“(f) If a provision enacted by this Act is held invalid, all valid provisions that are severable from the invalid provision remain in effect. If a provision of this Act is held invalid in any of its applications, the provision remains valid for all valid applications that are severable from any of the invalid applications.”
Section 2 of Pub. L. 96–258, June 3, 1980, 94 Stat. 427, provided that:
“(a) Section 1 of this Act [enacting section 11351 of this title and amending sections 10324, 10327, 10382, 10525, 10526, 10544, 10706, 10784, 10923, 11101, 11121, 11304, 11707, 11909, 11912, and 11914 of this title] restates, without substantive change, laws enacted before April 24, 1979, that were replaced by that section. That section may not be construed as making a substantive change in the laws replaced. Laws enacted after April 23, 1979, that are inconsistent with this Act are considered as superseding it to the extent of the inconsistency.
“(b) A reference to a law replaced by section 1 of this Act, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision enacted by this Act.
“(c) An order, rule, or regulation in effect under a law replaced by section 1 of this Act continues in effect under the corresponding provision enacted by this Act until repealed, amended, or superseded.
“(d) An action taken or an offense committed under a law replaced by section 1 of this Act is deemed to have been taken or committed under the corresponding provision enacted by this Act.
“(e) An inference of a legislative construction is not to be drawn by reason of the location in the United States Code of a provision enacted by this Act or by reason of the caption or catchline thereof.
“(f) If a provision enacted by this Act is held invalid, all valid provisions that are severable from the invalid provision remain in effect. If a provision of this Act is held invalid in any of its applications, the provision remains valid for all valid applications that are severable from any of the invalid applications.”
Section 3 of Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1466, provided that:
“(a) Sections 1 and 2 of this Act restate, without substantive change, laws enacted before May 16, 1978, that were replaced by those sections. Those sections may not be construed as making a substantive change in the laws replaced. Laws enacted after May 15, 1978, that are inconsistent with this Act are considered as superseding it to the extent of the inconsistency.
“(b) A reference to a law replaced by sections 1 and 2 of this Act, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision enacted by this Act.
“(c) An order, rule, or regulation in effect under a law replaced by sections 1 and 2 of this Act continues in effect under the corresponding provision enacted by this Act until repealed, amended, or superseded.
“(d) An action taken or an offense committed under a law replaced by sections 1 and 2 of this Act is deemed to have been taken or committed under the corresponding provision enacted by this Act.
“(e) An inference of a legislative construction is not to be drawn by reason of the location in the United States Code of a provision enacted by this Act or by reason of the caption or catchline thereof.
“(f) If a provision enacted by this Act is held invalid, all valid provisions that are severable from the invalid provision remain in effect. If a provision of this Act is held invalid in any of its applications, the provision remains valid for all valid applications that are severable from any of the invalid applications.”
Repeals and Savings Provisions
Section 5(a) of Pub. L. 105–102, Nov. 20, 1997, 111 Stat. 2216, provided that: “The repeal of a law by this Act may not be construed as a legislative inference that the provision was or was not in effect before its repeal.”
Section 5(b) of Pub. L. 105–102, Nov. 20, 1997, 111 Stat. 2217, as amended by Pub. L. 105–225, §7(c)(2), Aug. 12, 1998, 112 Stat. 1511, repealed specified laws, except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before Nov. 20, 1997.
Section 10(a) of Pub. L. 104–287, Oct. 11, 1996, 110 Stat. 3401, provided that: “The repeal of a law by this Act may not be construed as a legislative inference that the provision was or was not in effect before its repeal.”
Section 10(b) of Pub. L. 104–287, Oct. 11, 1996, 110 Stat. 3401, repealed specified laws, except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before Oct. 11, 1996.
Section 11(a) of Pub. L. 103–429, Oct. 31, 1994, 108 Stat. 4391, provided that: “The repeal of a law by this Act may not be construed as a legislative inference that the provision was or was not in effect before its repeal.”
Section 11(b) of Pub. L. 103–429, Oct. 31, 1994, 108 Stat. 4391, repealed specified laws, except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before Oct. 31, 1994.
Section 7(a) of Pub. L. 103–272, July 5, 1994, 108 Stat. 1379, provided that: “The repeal of a law by this Act may not be construed as a legislative implication that the provision was or was not in effect before its repeal.”
Section 7(b) of Pub. L. 103–272, July 5, 1994, 108 Stat. 1379, as amended by Pub. L. 103–429, §7(a)(5), Oct. 31, 1994, 108 Stat. 4389, repealed specified laws, except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before July 5, 1994.
Section 6(a) of Pub. L. 98–216, Feb. 14, 1984, 98 Stat. 7, provided that: “The repeal of a law enacted [the word “enacted” probably should not appear] by this Act may not be construed as a legislative inference that the provision was or was not in effect before its repeal.”
Section 6(b) of Pub. L. 98–216, Feb. 14, 1984, 98 Stat. 7, repealed specified laws, except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before Feb. 14, 1984.
Section 7(a) of Pub. L. 97–449, Jan. 12, 1983, 96 Stat. 2443, provided that: “The repeal of a law by this Act may not be construed as a legislative inference that the provision was or was not in effect before its repeal.”
Section 7(b) of Pub. L. 97–449, Jan. 12, 1983, 96 Stat. 2443, repealed specified laws, except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before Jan. 12, 1983.
Section 3(a) of Pub. L. 96–258, June 3, 1980, 94 Stat. 427, provided that: “The repeal of a law by this Act may not be construed as a legislative inference that the provision was or was not in effect before its repeal.”
Section 3(b) of Pub. L. 96–258, June 3, 1980, 94 Stat. 427, repealed certain sections and parts of sections of the Interstate Commerce Act and certain other provisions relating to applicability of such Act, except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before June 3, 1980.
Section 4(a) of Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1466, provided that: “The repeal of a law by this Act may not be construed as a legislative inference that the provision was or was not in effect before its repeal.”
Section 4(b) of Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1466, repealed the sections and parts of sections of the Interstate Commerce Act and certain other provisions relating to the applicability of such Act, except as provided in section 4(c) of Pub. L. 95–473 and except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before Oct. 17, 1978.
Section 4(c) of Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1470, which provided that the laws specified in the schedule in section 4(b) of Pub. L. 95–473, as they existed on Oct. 1, 1977, were not repealed to the extent those laws (A) vested functions in the Interstate Commerce Commission, or in the chairman or members of the Commission, related to transportation of oil by pipeline, and (B) vested functions and authority in the Commission, or an officer or component of the Commission, related to the establishment of rates or charges for transportation of oil by pipeline or valuation of any such pipeline, and those functions and authority were transferred by sections 7155 and 7172(b) of Title 42, The Public Health and Welfare, was repealed and reenacted in sections 60501 and 60502 of this title by Pub. L. 103–272, §§1(e), 7(b), July 5, 1994, 108 Stat. 1329, 1379.
Effective Date of Certain Repeals
Section 4(d) of Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1470, as amended by Pub. L. 97–449, §4(b)(3), Jan. 12, 1983, 96 Stat. 2441, provided that: “The repeals, by subsection (b) of this section, of section 1(a)(25), (26) of the Act of July 3, 1952, chapter 570, the Act of June 30, 1953, chapter 165, and the Act of July 31, 1953, chapter 292, are effective on September 14, 1978.”
SUBTITLE I—DEPARTMENT OF TRANSPORTATION
Amendments
1995—Pub. L. 104–88, title II, §201(b), Dec. 29, 1995, 109 Stat. 940, added item for chapter 7.
CHAPTER 1—ORGANIZATION
Amendments
2004—Pub. L. 108–426, §§2(c)(1), 4(e), Nov. 30, 2004, 118 Stat. 2424, 2426, substituted “Pipeline and Hazardous Materials Safety Administration” for “Coast Guard” in item 108 and “Research and Innovative Technology Administration” for “Research and Special Programs Administration” in item 112.
2001—Pub. L. 107–71, title I, §§101(b), 102(d), Nov. 19, 2001, 115 Stat. 602, 605, added items 114 and 115.
1999—Pub. L. 106–159, title I, §101(c)(1), Dec. 9, 1999, 113 Stat. 1751, added item 113.
1994—Pub. L. 103–272, §4(j)(5)(B), July 5, 1994, 108 Stat. 1366, as amended by Pub. L. 103–429, §7(a)(3)(C), Oct. 31, 1994, 108 Stat. 4388, struck out first item 110 “St. Lawrence Seaway Development Corporation”.
1992—Pub. L. 102–508, title IV, §401(b), Oct. 24, 1992, 106 Stat. 3310, added item 112.
1991—Pub. L. 102–240, title III, §3004(c)(3), title VI, §6006(c), Dec. 18, 1991, 105 Stat. 2088, 2174, substituted “Federal Transit Administration” for “Urban Mass Transportation Administration” in item 107 and added second item 110 and item 111.
§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.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2414; Pub. L. 102–240, title VI, §6018, Dec. 18, 1991, 105 Stat. 2183.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 101(a) | 49:1651(a). | Oct. 15, 1966, Pub. L. 89–670, §2(a), (b)(1), 80 Stat. 931. |
| 101(b) | 49:1651(b)(1). |
In subsections (a) and (b), the introductory declaratory words are omitted as surplus.
In subsection (a), the words “national objectives of” are inserted for clarity. The words “United States” are substituted for “Nation” and “Nation's”, respectively, for consistency. The word “contribute” is substituted for “conducive” because the substituted word is more commonly used. The word “those” is substituted for “utilization”.
In subsection (b)(2), the word “greatest” is substituted for “maximum” for consistency.
In subsection (b)(3) and (6), the word “national” is omitted before “transportation” as unnecessary and for consistency.
In subsection (b)(3), the word “persons” is substituted for “parties” as being more precise.
In subsection (b)(6), the words “transportation objectives” are substituted for “these objectives” for clarity and consistency. The words “full and appropriate” and “for approval” are omitted as surplus.
Amendments
1991—Subsec. (b)(4). Pub. L. 102–240 inserted “, through research and development or otherwise” after “advances in transportation”.
Short Title of 2004 Amendment
Pub. L. 108–426, §1, Nov. 30, 2004, 118 Stat. 2423, provided that: “This Act [enacting section 108 of this title, amending sections 111, 112, 5118, and 5503 of this title, sections 5314 and 5316 of Title 5, Government Organization and Employees, section 844 of Title 18, Crimes and Criminal Procedure, section 2761 of Title 33, Navigation and Navigable Waters, and section 1121–2 of Title 46, Appendix, Shipping, enacting provisions set out as notes under sections 108 and 112 of this title, and amending provisions set out as a note under section 1135 of this title] may be cited as the ‘Norman Y. Mineta Research and Special Programs Improvement Act’.”
Short Title of 1999 Amendment
Pub. L. 106–159, §1(a), Dec. 9, 1999, 113 Stat. 1748, provided that: “This Act [see Tables for classification] may be cited as the ‘Motor Carrier Safety Improvement Act of 1999’.”
Short Title of 1995 Amendment
Pub. L. 104–88, §1(a), Dec. 29, 1995, 109 Stat. 803, provided that: “This Act [see Tables for classification] may be cited as the ‘ICC Termination Act of 1995’.”
Short Title of 1994 Amendment
Pub. L. 103–411, §1, Oct. 25, 1994, 108 Stat. 4236, provided that: “This Act [amending sections 1118, 1131, and 40102 of this title and enacting provisions set out as notes under sections 1131 and 40109 of this title] may be cited as the ‘Independent Safety Board Act Amendments of 1994’.”
Short Title of 1991 Amendment
Section 1 of Pub. L. 102–240 provided that: “This Act [see Tables for classification] may be cited as the ‘Intermodal Surface Transportation Efficiency Act of 1991’.”
Congressional Declaration of Policy Regarding National Intermodal Transportation System
Section 2 of Pub. L. 102–240, which provided that it was the policy of the United States to develop a National Intermodal Transportation System consisting of all forms of transportation in a unified, interconnected manner, a National Highway System, improvements in public transportation achieving goals for improved air quality, energy conservation, international competitiveness, and mobility for elderly persons, persons with disabilities, and economically disadvantaged persons, was repealed and reenacted as section 5501 of this title by Pub. L. 103–272, §§1(d), 7(b), July 5, 1994, 108 Stat. 848, 1379.
“Secretary” Defined
Pub. L. 106–159, §2, Dec. 9, 1999, 113 Stat. 1749, provided that: “In this Act [see Tables for classification], the term ‘Secretary’ means the Secretary of Transportation.”
Section 3 of Pub. L. 102–240 provided that: “As used in this Act [see Short Title of 1991 Amendment note set out above], the term ‘Secretary’ means the Secretary of Transportation.”
Ex. Ord. No. 13330. Human Service Transportation Coordination
Ex. Ord. No. 13330, Feb. 24, 2004, 69 F.R. 9185, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, and to enhance access to transportation to improve mobility, employment opportunities, and access to community services for persons who are transportation-disadvantaged, it is hereby ordered as follows:
(a) A strong America depends on citizens who are productive and who actively participate in the life of their communities.
(b) Transportation plays a critical role in providing access to employment, medical and health care, education, and other community services and amenities. The importance of this role is underscored by the variety of transportation programs that have been created in conjunction with health and human service programs, and by the significant Federal investment in accessible public transportation systems throughout the Nation.
(c) These transportation resources, however, are often difficult for citizens to understand and access, and are more costly than necessary due to inconsistent and unnecessary Federal and State program rules and restrictions.
(d) A broad range of Federal program funding allows for the purchase or provision of transportation services and resources for persons who are transportation-disadvantaged. Yet, in too many communities, these services and resources are fragmented, unused, or altogether unavailable.
(e) Federally assisted community transportation services should be seamless, comprehensive, and accessible to those who rely on them for their lives and livelihoods. For persons with mobility limitations related to advanced age, persons with disabilities, and persons struggling for self-sufficiency, transportation within and between our communities should be as available and affordable as possible.
(f) The development, implementation, and maintenance of responsive, comprehensive, coordinated community transportation systems is essential for persons with disabilities, persons with low incomes, and older adults who rely on such transportation to fully participate in their communities.
(b) For the purposes of this order, persons who are transportation-disadvantaged are persons who qualify for Federally conducted or Federally assisted transportation-related programs or services due to disability, income, or advanced age.
(i) the Secretaries of Transportation, Health and Human Services, Education, Labor, Veterans Affairs, Agriculture, Housing and Urban Development, and the Interior, the Attorney General, and the Commissioner of Social Security; and
(ii) such other Federal officials as the Chairperson of the Council may designate.
(b) The Secretary of Transportation, or the Secretary's designee, shall serve as the Chairperson of the Council. The Chairperson shall convene and preside at meetings of the Council, determine its agenda, direct its work, and, as appropriate to particular subject matters, establish and direct subgroups of the Council, which shall consist exclusively of the Council's members.
(c) A member of the Council may designate any person who is part of the member's agency and who is an officer appointed by the President or a full-time employee serving in a position with pay equal to or greater than the minimum rate payable for GS–15 of the General Schedule to perform functions of the Council or its subgroups on the member's behalf.
(a) promote interagency cooperation and the establishment of appropriate mechanisms to minimize duplication and overlap of Federal programs and services so that transportation-disadvantaged persons have access to more transportation services;
(b) facilitate access to the most appropriate, cost-effective transportation services within existing resources;
(c) encourage enhanced customer access to the variety of transportation and resources available;
(d) formulate and implement administrative, policy, and procedural mechanisms that enhance transportation services at all levels; and
(e) develop and implement a method for monitoring progress on achieving the goals of this order.
(a) Identify those Federal, State, Tribal and local laws, regulations, procedures, and actions that have proven to be most useful and appropriate in coordinating transportation services for the targeted populations;
(b) Identify substantive and procedural requirements of transportation-related Federal laws and regulations that are duplicative or restrict the laws’ and regulations’ most efficient operation;
(c) Describe the results achieved, on an agency and program basis, in: (i) simplifying access to transportation services for persons with disabilities, persons with low income, and older adults; (ii) providing the most appropriate, cost-effective transportation services within existing resources; and (iii) reducing duplication to make funds available for more services to more such persons;
(d) Provide recommendations to simplify and coordinate applicable substantive, procedural, and administrative requirements; and
(e) Provide any other recommendations that would, in the judgment of the Council, advance the principles set forth in section 1 of this order.
(b) Nothing in this order shall be construed to impair or otherwise affect the functions of the Director of the Office of Management and Budget relating to budget, administrative, or legislative proposals.
(c) This order is intended only to improve the internal management of the executive branch and is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by a party against the United States, its departments, agencies, instrumentalities or entities, its officers or employees, or any other person.
George W. Bush.
§102. Department of Transportation
(a) The Department of Transportation is an executive department of the United States Government at the seat of Government.
(b) The head of the Department is the Secretary of Transportation. The Secretary is appointed by the President, by and with the advice and consent of the Senate.
(c) The Department has a Deputy Secretary of Transportation appointed by the President, by and with the advice and consent of the Senate. The Deputy Secretary—
(1) shall carry out duties and powers prescribed by the Secretary; and
(2) acts for the Secretary when the Secretary is absent or unable to serve or when the office of Secretary is vacant.
(d) The Department has an Under Secretary of Transportation for Policy appointed by the President, by and with the advice and consent of the Senate. The Under Secretary shall provide leadership in the development of policy for the Department, supervise the policy activities of Assistant Secretaries with primary responsibility for aviation, international, and other transportation policy development and carry out other powers and duties prescribed by the Secretary. The Under Secretary acts for the Secretary when the Secretary and the Deputy Secretary are absent or unable to serve, or when the offices of Secretary and Deputy Secretary are vacant.
(e) The Department has 4 Assistant Secretaries and a General Counsel appointed by the President, by and with the advice and consent of the Senate. The Department also has an Assistant Secretary of Transportation for Administration appointed in the competitive service by the Secretary, with the approval of the President. They shall carry out duties and powers prescribed by the Secretary. An Assistant Secretary or the General Counsel, in the order prescribed by the Secretary, acts for the Secretary when the Secretary, Deputy Secretary, and Under Secretary of Transportation for Policy are absent or unable to serve, or when the offices of the Secretary, Deputy Secretary, and Under Secretary of Transportation for Policy are vacant.
(f)
(1)
(2)
(A)
(B)
(g)
(1)
(A) department-wide research, strategies, and actions under the Department's statutory authority to reduce transportation-related energy use and mitigate the effects of climate change; and
(B) department-wide research strategies and actions to address the impacts of climate change on transportation systems and infrastructure.
(2)
(h) The Department shall have a seal that shall be judicially recognized.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2414; Pub. L. 98–557, §26(a), Oct. 30, 1984, 98 Stat. 2873; Pub. L. 103–272, §4(j)(1), July 5, 1994, 108 Stat. 1365; Pub. L. 107–295, title II, §215(a), (c), Nov. 25, 2002, 116 Stat. 2101, 2102; Pub. L. 109–59, title I, §1119(l), Aug. 10, 2005, 119 Stat. 1189; Pub. L. 110–140, title XI, §1101(a), Dec. 19, 2007, 121 Stat. 1756.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 102(a) | 49:1652(a) (1st sentence). | Oct. 15, 1966, Pub. L. 89–670, §3(a), (c), (d), 80 Stat. 931. |
| 102(b) | 49:1652(a) (less 1st sentence). | |
| 102(c) | 49:1652(b) (less words between parentheses). | Oct 15, 1966, Pub. L. 89–670, §3(b), 80 Stat. 931; Oct. 28, 1974, Pub. L. 93–496, §16(a), 88 Stat. 1533. |
| 102(d) | 49:1652(b) (words between parentheses), (c), (d). | |
| 102(e) | 49:1657(k). | Oct. 15, 1966, Pub. L. 89–670, §9(k), 80 Stat. 946. |
In subsection (a), the words “There is hereby established” and “to be known as” are omitted as executed. The words “(hereafter referred to in this chapter as the ‘Department’)” are omitted as unnecessary because of the style used in codifying the revised title. The words “of the United States Government” are added for clarity.
In subsection (b), the words “(hereafter referred to in this chapter as the ‘Secretary’)” are omitted as unnecessary because of the style used in codifying the revised title.
In subsection (c), the words “carry out duties and powers” and “acts for” are substituted for “act for and exercise the powers of” and “perform such functions, powers, and duties”, respectively, for consistency and to eliminate surplus words. The words “unable to serve” are substituted for “disability” for consistency and clarity.
In subsection (d), the words “in the competitive service” are substituted for “under the classified civil service” to conform to 5:2102. The words “from time to time” are omitted as surplus. The words “acts for” are substituted for “act for, and exercise the powers of” for consistency and to eliminate surplus words. The words “when the Secretary and the Deputy Secretary are absent or unable to serve, or when the offices of Secretary and Deputy Secretary are vacant” are substituted for “during the absence or disability of the Deputy Secretary, or in the event of a vacancy in the office of a Deputy Secretary” as being more precise and for consistency.
In subsection (e), the words “The Secretary shall cause a . . . of office” and “of such device” are omitted as unnecessary because of the restatement. The words “as he shall approve” are omitted as unnecessary because subsection (b) of the section establishes the Secretary of Transportation as the head of the Department of Transportation.
Amendments
2007—Subsecs. (g), (h). Pub. L. 110–140 added subsec. (g) and redesignated former subsec. (g) as (h).
2005—Subsecs. (f), (g). Pub. L. 109–59, which directed amendment of this section by adding subsec. (f) and redesignating former subsecs. (f) and (g) as (g) and (h), respectively, was executed by adding subsec. (f) and redesignating former subsec. (f) as (g), to reflect the probable intent of Congress. See 2002 Amendment note below.
2002—Subsec. (d). Pub. L. 107–295, §215(a)(2), added subsec. (d). Former subsec. (d) redesignated (g).
Subsec. (e). Pub. L. 107–295, §215(a)(3), which directed the substitution of “Secretary, Deputy Secretary, and Under Secretary of Transportation for Policy” for “Secretary and the Deputy Secretary” each place it appears in last sentence, was executed by making substitution for “Secretary and the Deputy Secretary” before “are absent” and for “Secretary and Deputy Secretary” before “are vacant”, to reflect the probable intent of Congress.
Subsec. (g). Pub. L. 107–295, §215(c), struck out subsec. (g) which read as follows: “The Department has an Associate Deputy Secretary appointed by the President, by and with the advice and consent of the Senate. The Associate Deputy Secretary shall carry out powers and duties prescribed by the Secretary.”
Pub. L. 107–295, §215(a)(1), redesignated subsec. (d) as (g).
1994—Subsecs. (e), (f). Pub. L. 103–272 redesignated subsec. (e), relating to judicial recognition of Department seal, as (f).
1984—Subsecs. (d), (e). Pub. L. 98–557 added subsec. (d) and redesignated former subsec. (d), relating to Assistant Secretaries and General Counsel, as (e).
Effective Date of 2007 Amendment
Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under section 1824 of Title 2, The Congress.
Effective Date of 2002 Amendment
Pub. L. 107–295, title II, §215(c), Nov. 25, 2002, 116 Stat. 2102, provided that the amendment to this section made by section 215(c) is effective on the date that an individual is appointed to the position of Under Secretary of Transportation for Policy under subsection (d) of this section. On Mar. 19, 2003, the United States Senate confirmed the appointment of the first Under Secretary of Transportation for Policy.
Coordination
Pub. L. 110–140, title XI, §1101(b), Dec. 19, 2007, 121 Stat. 1756, provided that: “The Office of Climate Change and Environment of the Department of Transportation shall coordinate its activities with the United States Global Change Research Program.”
Notice
Pub. L. 109–59, title V, §5510, Aug. 10, 2005, 119 Stat. 1828, provided that:
“(a)
“(b)
Pub. L. 105–178, title V, §5003, June 9, 1998, 112 Stat. 422, provided that:
“(a)
“(b)
Surface Transportation Administration
Pub. L. 102–240, title V, §5004, Dec. 18, 1991, 105 Stat. 2160, provided that:
“(a)
“(b)
Person Holding Position of Associate Deputy Secretary Until April 15, 1985
Section 26(c) of Pub. L. 98–557 provided that: “Notwithstanding any other provision of law, until April 15, 1985, the position created by subsection (a) of this section [adding subsec. (d) of this section] may be held by a person named by the President alone from among qualified individuals.”
Ex. Ord. No. 11340. Effective Date
Ex. Ord. No. 11340, Mar. 30, 1967, 32 F.R. 5453, provided:
By virtue of the authority vested in me as President of the United States by Section 15 [renumbered section 16] of the Department of Transportation Act (Public Law 89–670, approved October 15, 1966; 80 Stat. 950) April 1, 1967, is hereby prescribed as the date on which the Department of Transportation Act shall take effect.
Lyndon B. Johnson.
§103. Federal Railroad Administration
(a) The Federal Railroad Administration is an administration in the Department of Transportation. To carry out all railroad safety laws of the United States, the Administration is divided on a geographical basis into at least 8 safety offices. The Secretary of Transportation is responsible for all acts taken under those laws and for ensuring that the laws are uniformly administered and enforced among the safety offices.
(b) The head of the Administration is the Administrator who is appointed by the President, by and with the advice and consent of the Senate. The Administrator reports directly to the Secretary.
(c) The Administrator shall carry out—
(1) duties and powers related to railroad safety vested in the Secretary by section 20134(c) and chapters 203–211 of this title, and chapter 213 of this title in carrying out chapters 203–211; and
(2) additional duties and powers prescribed by the Secretary.
(d) A duty or power specified by subsection (c)(1) of this section may be transferred to another part of the Department only when specifically provided by law or a reorganization plan submitted under chapter 9 of title 5. A decision of the Administrator in carrying out those duties or powers and involving notice and hearing required by law is administratively final.
(e) Subject to the provisions of subtitle I of title 40 and title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.), the Secretary of Transportation may make, enter into, and perform such contracts, grants, leases, cooperative agreements, and other similar transactions with Federal or other public agencies (including State and local governments) and private organizations and persons, and make such payments, by way of advance or reimbursement, as the Secretary may determine to be necessary or appropriate to carry out functions of the Federal Railroad Administration. The authority of the Secretary granted by this subsection shall be carried out by the Administrator. Notwithstanding any other provision of this chapter, no authority to enter into contracts or to make payments under this subsection shall be effective, except as provided for in appropriations Acts.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2414; Pub. L. 98–216, §2(2), Feb. 14, 1984, 98 Stat. 5; Pub. L. 103–272, §5(m)(1), July 5, 1994, 108 Stat. 1375; Pub. L. 103–440, title II, §216, Nov. 2, 1994, 108 Stat. 4624; Pub. L. 107–217, §3(n)(1), Aug. 21, 2002, 116 Stat. 1302.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 103(a) | 49:1652(e)(1) (1st sentence related to FRA). | Oct. 15, 1966, Pub. L. 89–670, §§3(e) (related to FRA) (1), (3), (4), 6(f)(3)(C) (related to FRA), 80 Stat. 932, 940. |
| 49:1652a. | July 8, 1976, Pub. L. 94–348, §6, 90 Stat. 820. | |
| 103(b) | 49:1652(e) (related to FRA) (1) (2d, last sentences), (3) (last sentence). | |
| 103(c) | 49:1655(f)(3)(A). | Oct. 15, 1966, Pub. L. 89–670, §6(f)(3)(A), 80 Stat. 940; Aug. 22, 1972, Pub. L. 92–401, §6, 86 Stat. 617; Jan. 3, 1975, Pub. L. 93–633, §113(e)(1), 88 Stat. 2163. |
| 49:1652(e)(3) (related to FRA) (less last sentence). | ||
| 103(d) | 49:1652(e)(4) (related to FRA). | |
| 49:1655(f)(3)(C) (related to FRA). |
In subsection (a), the words “To carry out” are substituted for “for purposes of administering and enforcing” in 49:1652a for consistency and to eliminate surplus words. The words “under those laws” are substituted for “pursuant to Federal railroad safety laws” to eliminate surplus words. The words “is responsible” are substituted for “shall retain full and final responsibility” and “shall be responsible” to eliminate surplus words. The words “and for the establishment of all policies with respect to implementation of such laws” are omitted as surplus.
In subsection (b), the words “Each of these components” are omitted as surplus.
In subsection (c), the words “vested in the Secretary” are substituted for “as set forth in the statutes transferred to the Secretary” in 49:1655(f)(3)(A) for clarity and consistency. The words “section 6(e)(1), (2), and (6)(A) of the Department of Transportation Act (49 U.S.C. 1655(e)(1), (2), and (6)(A))” are substituted for “subsection (e) of this section (other than subsection (e)(4) of this section)” in 49:1655(f)(3)(A) for clarity.
In subsection (d), the word “law” is substituted for “statute” in 49:1652(e)(4) for consistency. The words after “administratively final” in 49:1655(f)(3)(C) are omitted as unnecessary because of the restatement of the revised title and those laws giving a right to appeal.
Pub. L. 103–272
Section 5(m)(1) amends 49:103(c)(1) to include a reference to section 20134(c) of the revised title. The reference is included because 45:445 on which section 20134(c) is based provides that the duties and powers under that provision are to be carried out by the Administrator of the Federal Railroad Administration rather than the Secretary of Transportation.
References in Text
The Federal Property and Administrative Services Act of 1949, referred to in subsec. (e), is act June 30, 1949, ch. 288, 63 Stat. 377, as amended. Title III of the Act is classified generally to subchapter IV (§251 et seq.) of chapter 4 of Title 41, Public Contracts. For complete classification of this Act to the Code, see Tables.
Amendments
2002—Subsec. (e). Pub. L. 107–217 inserted “subtitle I of title 40 and title III of” before “the Federal Property” and substituted “(41 U.S.C. 251 et seq.)” for “(40 U.S.C. 471 et seq.)”.
1994—Subsec. (c)(1). Pub. L. 103–272 substituted “section 20134(c) and chapters 203–211 of this title, and chapter 213 of this title in carrying out chapters 203–211” for “section 6(e)(1), (2), and (6)(A) of the Department of Transportation Act (49 App. U.S.C. 1655(e)(1), (2), and (6)(A))”.
Subsec. (e). Pub. L. 103–440 added subsec. (e).
1984—Subsec. (c)(1). Pub. L. 98–216 substituted “49 App. U.S.C.” for “49 U.S.C.”.
Funds for Broadband High Speed Internet Service Connection for Federal Railroad Administration Employees
Pub. L. 108–447, div. H, title I, §151, Dec. 8, 2004, 118 Stat. 3222, provided that: “Notwithstanding any provisions of this or any other Act, during the fiscal year ending September 30, 2005, and hereafter, the Federal Railroad Administration may use funds appropriated by this or any other Act to provide for the installation of a broadband high speed internet service connection, including necessary equipment, for Federal Railroad Administration employees, and to either pay directly recurring monthly charges or to reimburse a percentage of such monthly charges which are paid by such employees: Provided, That the Federal Railroad Administration certifies that adequate safeguards against private misuse exist, and that the service is necessary for direct support of the agency's mission.”
§104. Federal Highway Administration
(a) The Federal Highway Administration is an administration in the Department of Transportation.
(b)(1) The head of the Administration is the Administrator who is appointed by the President, by and with the advice and consent of the Senate. The Administrator reports directly to the Secretary of Transportation.
(2) The Administration has a Deputy Federal Highway Administrator who is appointed by the Secretary, with the approval of the President. The Deputy Administrator shall carry out duties and powers prescribed by the Administrator.
(3) The Administration has an Assistant Federal Highway Administrator appointed in the competitive service by the Secretary, with the approval of the President. The Assistant Administrator is the chief engineer of the Administration. The Assistant Administrator shall carry out duties and powers prescribed by the Administrator.
(c) The Administrator shall carry out—
(1) duties and powers vested in the Secretary by chapter 4 of title 23 for highway safety programs, research, and development related to highway design, construction and maintenance, traffic control devices, identification and surveillance of accident locations, and highway-related aspects of pedestrian safety; and
(2) additional duties and powers prescribed by the Secretary.
(d) Notwithstanding the provisions of sections 101(d) and 144 of title 23, highway bridges determined to be unreasonable obstructions to navigation under the Truman-Hobbs Act may be funded from amounts set aside from the discretionary bridge program. The Secretary shall transfer these allocations and the responsibility for administration of these funds to the United States Coast Guard.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2415; Pub. L. 103–272, §§4(j)(2), 5(m)(2), July 5, 1994, 108 Stat. 1365, 1375; Pub. L. 104–324, title I, §101(b)(1), Oct. 19, 1996, 110 Stat. 3905; Pub. L. 106–159, title I, §101(c)(2), Dec. 9, 1999, 113 Stat. 1751.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 104(a) | 49:1652(e)(1) (1st sentence related to FHWA). | Oct. 15, 1966, Pub. L. 89–670, §§3(e) (related to FHWA) (1), (3), (4), 6(f)(3)(C) (related to FHWA), 80 Stat. 932, 940. |
| 104(b)(1) | 49:1652(e) (related to FHWA) (1) (less 1st sentence), (3) (last sentence). | |
| 104(b)(2) | 23:303(a)(1) (1st, 2d sentences). | |
| 104(b)(3) | 23:303(a)(1) (last sentence), (b), (c). | |
| 104(c) | 49:1655(f)(3)(B). | Oct. 15, 1966, Pub. L. 89–670, §6(f)(3)(B), 80 Stat. 940; Jan. 3, 1975, Pub. L. 93–633, §113(e)(2), 88 Stat. 2163. |
| 23:401 (note). | Sept. 9, 1966, Pub. L. 89–564, §201(b)(1), 80 Stat. 735; Oct. 15, 1966, Pub. L. 89–670, §8(h), 80 Stat. 943; restated Dec. 31, 1970, Pub. L. 91–605, §202(a), 84 Stat. 1740. | |
| 49:1652(e)(3) (related to FHWA) (less last sentence). | ||
| 104(d) | 49:1652(e)(4) (related to FHWA). | |
| 49:1655(f)(3)(C) (related to FHWA). |
In subsection (b)(1), the words “Each of these components” are omitted as surplus.
In subsection (b)(2), the words “In addition to the Administrator of the Federal Highway Administration authorized by section 3(e) of the Department of Transportation Act” in 23:303(a)(1) (1st sentence) are omitted as surplus.
In subsection (b)(3), the words “in the competitive service” are substituted for “under the classified civil service” to conform to 5:2102. The text of 23:303(b), (c) is omitted as unnecessary because sections 322 and 323 of the revised title restate the authority of the Secretary of Transportation.
In subsection (c), the source provisions are consolidated. The words “The Administrator shall carry out duties and powers” are substituted for “The Secretary shall carry out through the Federal Highway Administration those provisions of the Highway Safety Act of 1966 . . . for” in 23:401 (note) and “carry out the functions, powers, and duties of the Secretary” in 49:1655(f)(3)(B) as being more precise, to eliminate unnecessary words, and for consistency. The words “vested in the Secretary” are substituted for “as set forth in the statutes transferred to the Secretary” in 49:1655(f)(3)(B) for clarity and consistency.
In subsection (d), the word “law” is substituted for “statute” in 49:1652(e)(4) for consistency. The words after “administratively final” in 49:1655(f)(3)(C) are omitted as unnecessary because of the restatement of the revised title and those laws giving the right to appeal.
References in Text
The Truman-Hobbs Act, referred to in subsec. (d), is act June 21, 1940, ch. 409, 54 Stat. 497, as amended, also known as the Hobbs Bridge Act, which is classified generally to subchapter II (§511 et seq.) of chapter 11 of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see Tables.
Amendments
1999—Subsec. (c). Pub. L. 106–159, §101(c)(2)(A), substituted “; and” for the semicolon at end of par. (1), redesignated par. (3) as (2), and struck out former par. (2) which read as follows: “duties and powers related to motor carrier safety vested in the Secretary by chapters 5 and 315 of this title; and”.
Subsecs. (d), (e). Pub. L. 106–159, §101(c)(2)(B), (C), redesignated subsec. (e) as (d) and struck out former subsec. (d) which read as follows: “A duty or power specified by subsection (c)(2) of this section may be transferred to another part of the Department only when specifically provided by law or a reorganization plan submitted under chapter 9 of title 5. A decision of the Administrator in carrying out those duties or powers and involving notice and hearing required by law is administratively final.”
1996—Subsec. (e). Pub. L. 104–324 added subsec. (e).
1994—Subsec. (b)(1). Pub. L. 103–272, §4(j)(2), substituted “Administrator” for “Admininstrator” before “who is”.
Subsec. (c)(2). Pub. L. 103–272, §5(m)(2), substituted “315” for “31”.
Effective Date of 1999 Amendment
Pub. L. 106–159, title I, §107(a), Dec. 9, 1999, 113 Stat. 1758, provided that: “This Act [see Tables for classification] shall take effect on the date of the enactment of this Act [Dec. 9, 1999]; except that the amendments made by section 101 [enacting section 113 of this title and amending this section, sections 5314 and 5316 of Title 5, Government Organization and Employees, and section 104 of Title 23, Highways] shall take effect on January 1, 2000.”
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
Elimination of Regional Office Responsibilities
Pub. L. 105–178, title I, §1220, June 9, 1998, 112 Stat. 221, provided that:
“(a)
“(1)
“(2)
“(b)
“(c)
“(d)
§105. National Highway Traffic Safety Administration
(a) The National Highway Traffic Safety Administration is an administration in the Department of Transportation.
(b) The head of the Administration is the Administrator who is appointed by the President, by and with the advice and consent of the Senate. The Administration has a Deputy Administrator who is appointed by the Secretary of Transportation, with the approval of the President.
(c) The Administrator shall carry out—
(1) duties and powers vested in the Secretary by chapter 4 of title 23, except those related to highway design, construction and maintenance, traffic control devices, identification and surveillance of accident locations, and highway-related aspects of pedestrian safety; and
(2) additional duties and powers prescribed by the Secretary.
(d) The Secretary may carry out chapter 301 of this title through the Administrator.
(e) The Administrator shall consult with the Federal Highway Administrator on all matters related to the design, construction, maintenance, and operation of highways.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2415; Pub. L. 103–272, §5(m)(3), July 5, 1994, 108 Stat. 1375.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 105 | 23:401 (note). | Sept. 9, 1966, Pub. L. 89–564, §201(a) (less pay of Administrator and Deputy Administrator), (b)(2), (c), (d), 80 Stat. 735; Oct. 15, 1966, Pub. L. 89–670, §8(h), 80 Stat. 943; restated Dec. 31, 1970, Pub. L. 91–605, §202(a), 84 Stat. 1739. |
In subsection (a), the words “The . . . is an administration in the” are substituted for “There is hereby established within the”, in section 201(a) (1st sentence) of the Highway Safety Act of 1966 (Pub. L. 89–564, 80 Stat. 731) to conform to other sections of the revised title. The words “(hereafter in this section referred to as the ‘Administration’)” are omitted as unnecessary.
In subsection (c), the words “carry out . . . duties and powers . . . prescribed by the Secretary” are substituted for “perform such duties as are delegated to him by the Secretary” to eliminate surplus words and for consistency. The list of excepted programs in clause (1) is substituted for “highway safety programs, research and development not specifically referred to in paragraph (1) of this subsection”, in section 201(b)(2) of the Highway Safety Act of 1966 for clarity.
In subsection (d), the words “Administration . . . authorized by this section” are omitted as surplus.
The text of section 201(d) of the Highway Safety Act of 1966 is omitted as executed.
Amendments
1994—Subsec. (d). Pub. L. 103–272 substituted “chapter 301 of this title” for “the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1381 et seq.)”.
§106. Federal Aviation Administration
(a) The Federal Aviation Administration is an administration in the Department of Transportation.
(b) The head of the Administration is the Administrator. The Administration has a Deputy Administrator. They are appointed by the President, by and with the advice and consent of the Senate. When making an appointment, the President shall consider the fitness of the individual to carry out efficiently the duties and powers of the office. Except as provided in subsection (f) or in other provisions of law, the Administrator reports directly to the Secretary of Transportation. The term of office for any individual appointed as Administrator after August 23, 1994, shall be 5 years.
(c) The Administrator must—
(1) be a citizen of the United States;
(2) be a civilian; and
(3) have experience in a field directly related to aviation.
(d)(1) The Deputy Administrator must be a citizen of the United States and have experience in a field directly related to aviation. An officer on active duty in an armed force may be appointed as Deputy Administrator. However, if the Administrator is a former regular officer of an armed force, the Deputy Administrator may not be an officer on active duty in an armed force, a retired regular officer of an armed force, or a former regular officer of an armed force.
(2) The annual rate of basic pay of the Deputy Administrator shall be set by the Secretary but shall not exceed the annual rate of basic pay payable to the Administrator of the Federal Aviation Administration.
(3) An officer on active duty or a retired officer serving as Deputy Administrator is entitled to hold a rank and grade not lower than that held when appointed as Deputy Administrator. The Deputy Administrator may elect to receive (A) the pay provided by law for the Deputy Administrator, or (B) the pay and allowances or the retired pay of the military grade held. If the Deputy Administrator elects to receive the military pay and allowances or retired pay, the Administration shall reimburse the appropriate military department from funds available for the expenses of the Administration.
(4) The appointment and service of a member of the armed forces as a Deputy Administrator does not affect the status, office, rank, or grade held by that member, or a right or benefit arising from the status, office, rank, or grade. The Secretary of a military department does not control the member when the member is carrying out duties and powers of the Deputy Administrator.
(e) The Administrator and the Deputy Administrator may not have a pecuniary interest in, or own stock in or bonds of, an aeronautical enterprise, or engage in another business, vocation, or employment.
(f)
(1)
(2)
(A) is the final authority for carrying out all functions, powers, and duties of the Administration relating to—
(i) the appointment and employment of all officers and employees of the Administration (other than Presidential and political appointees);
(ii) the acquisition and maintenance of property, services, and equipment of the Administration;
(iii) except as otherwise provided in paragraph (3), the promulgation of regulations, rules, orders, circulars, bulletins, and other official publications of the Administration; and
(iv) any obligation imposed on the Administrator, or power conferred on the Administrator, by the Air Traffic Management System Performance Improvement Act of 1996 (or any amendment made by that Act);
(B) shall offer advice and counsel to the President with respect to the appointment and qualifications of any officer or employee of the Administration to be appointed by the President or as a political appointee;
(C) may delegate, and authorize successive redelegations of, to an officer or employee of the Administration any function, power, or duty conferred upon the Administrator, unless such delegation is prohibited by law; and
(D) except as otherwise provided for in this title, and notwithstanding any other provision of law, shall not be required to coordinate, submit for approval or concurrence, or seek the advice or views of the Secretary or any other officer or employee of the Department of Transportation on any matter with respect to which the Administrator is the final authority.
(3)
(A)
(B)
(I) have an annual effect on the economy of $250,000,000 or more or adversely affect in a substantial and material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities; or
(II) raise novel or significant legal or policy issues arising out of legal mandates that may substantially and materially affect other transportation modes.
(ii) In an emergency, the Administrator may issue a regulation described in clause (i) without prior approval by the Secretary, but any such emergency regulation is subject to ratification by the Secretary after it is issued and shall be rescinded by the Administrator within 5 days (excluding Saturdays, Sundays, and legal public holidays) after issuance if the Secretary fails to ratify its issuance.
(iii) Any regulation that does not meet the criteria of clause (i), and any regulation or other action that is a routine or frequent action or a procedural action, may be issued by the Administrator without review or approval by the Secretary.
(iv) The Administrator shall submit a copy of any regulation requiring approval by the Secretary under clause (i) to the Secretary, who shall either approve it or return it to the Administrator with comments within 45 days after receiving it.
(C)
(ii) The Administrator may identify for review under the criteria set forth in clause (i) unusually burdensome regulations that were issued before the date of the enactment of the Air Traffic Management System Performance Improvement Act of 1996 and that have been in force for more than 3 years.
(iii) For purposes of this subparagraph, the term “unusually burdensome regulation” means any regulation that results in the annual expenditure by State, local, and tribal governments in the aggregate, or by the private sector, of $25,000,000 or more (adjusted annually for inflation beginning with the year following the date of the enactment of the Air Traffic Management System Performance Act of 1996) in any year.
(iv) The periodic review of regulations may be performed by advisory committees and the Management Advisory Council established under subsection (p).
(4)
(A) is employed in a position listed in sections 5312 through 5316 of title 5 (relating to the Executive Schedule);
(B) is a limited term appointee, limited emergency appointee, or noncareer appointee in the Senior Executive Service, as defined under paragraphs (5), (6), and (7), respectively, of section 3132(a) of title 5; or
(C) is employed in a position in the executive branch of the Government of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5 of the Code of Federal Regulations.
(g)
(A) duties and powers of the Secretary of Transportation under subsection (f) of this section related to aviation safety (except those related to transportation, packaging, marking, or description of hazardous material) and stated in sections 308(b), 1132(c) and (d), 40101(c), 40103(b), 40106(a), 40108, 40109(b), 40113(a), 40113(c), 40113(d), 40113(e), 40114(a), and 40119, chapter 445 (except sections 44501(b), 44502(a)(2), 44502(a)(3), 44502(a)(4), 44503, 44506, 44509, 44510, 44514, and 44515), chapter 447 (except sections 44717, 44718(a), 44718(b), 44719, 44720, 44721(b), 44722, and 44723), chapter 449 (except sections 44903(d), 44904, 44905, 44907–44911, 44913, 44915, and 44931–44934), chapter 451, chapter 453, sections 46104, 46301(d) and (h)(2), 46303(c), 46304–46308, 46310, 46311, and 46313–46316, chapter 465, and sections 47504(b) (related to flight procedures), 47508(a), and 48107 of this title; and
(B) additional duties and powers prescribed by the Secretary of Transportation.
(2) In carrying out sections 40119, 44901, 44903(a)–(c) and (e), 44906, 44912, 44935–44937, 44938(a) and (b), and 48107 of this title, paragraph (1)(A) of this subsection does not apply to duties and powers vested in the Director of Intelligence and Security by section 44931 1 of this title.
(h) Section 40101(d) of this title applies to duties and powers specified in subsection (g)(1) of this section. Any of those duties and powers may be transferred to another part of the Department only when specifically provided by law or a reorganization plan submitted under chapter 9 of title 5. A decision of the Administrator in carrying out those duties or powers is administratively final.
(i) The Deputy Administrator shall carry out duties and powers prescribed by the Administrator. The Deputy Administrator acts for the Administrator when the Administrator is absent or unable to serve, or when the office of the Administrator is vacant.
(j) There is established within the Federal Aviation Administration an institute to conduct civil aeromedical research under section 44507 of this title. Such institute shall be known as the “Civil Aeromedical Institute”. Research conducted by the institute should take appropriate advantage of capabilities of other government agencies, universities, or the private sector.
(k)
(1)
(A) $7,591,000,000 for fiscal year 2004;
(B) $7,732,000,000 for fiscal year 2005;
(C) $7,889,000,000 for fiscal year 2006; and
(D) $8,064,000,000 for fiscal year 2007.
Such sums shall remain available until expended.
(2)
(A) Such sums as may be necessary for fiscal years 2004 through 2007 to support infrastructure systems development for both general aviation and the vertical flight industry.
(B) Such sums as may be necessary for fiscal years 2004 through 2007 to establish helicopter approach procedures using current technologies (such as the Global Positioning System) to support all-weather, emergency medical service for trauma patients.
(C) Such sums as may be necessary for fiscal years 2004 through 2007 to revise existing terminal and en route procedures and instrument flight rules to facilitate the takeoff, flight, and landing of tiltrotor aircraft and to improve the national airspace system by separating such aircraft from congested flight paths of fixed-wing aircraft.
(D) Such sums as may be necessary for fiscal years 2004 through 2007 for the Center for Management Development of the Federal Aviation Administration to operate training courses and to support associated student travel for both residential and field courses.
(E) Such sums as may be necessary for fiscal years 2004 through 2007 to carry out and expand the Air Traffic Control Collegiate Training Initiative.
(F) Such sums as may be necessary for fiscal years 2004 through 2007 for the completion of the Alaska aviation safety project with respect to the 3 dimensional mapping of Alaska's main aviation corridors.
(G) Such sums as may be necessary for fiscal years 2004 through 2007 to carry out the Aviation Safety Reporting System.
(l)
(1)
(2)
(3)
(4)
(5)
(A)
(B)
(C)
(6)
(m)
(n)
(1)
(A) to acquire (by purchase, lease, condemnation, or otherwise), construct, improve, repair, operate, and maintain—
(i) air traffic control facilities and equipment;
(ii) research and testing sites and facilities; and
(iii) such other real and personal property (including office space and patents), or any interest therein, within and outside the continental United States as the Administrator considers necessary;
(B) to lease to others such real and personal property; and
(C) to provide by contract or otherwise for eating facilities and other necessary facilities for the welfare of employees of the Administration at the installations of the Administration, and to acquire, operate, and maintain equipment for these facilities.
(2)
(o)
(p)
(1)
(2)
(A) a designee of the Secretary of Transportation;
(B) a designee of the Secretary of Defense;
(C) 10 members representing aviation interests, appointed by—
(i) in the case of initial appointments to the Council, the President by and with the advice and consent of the Senate, except that initial appointments made after May 1, 2003, shall be made by the Secretary of Transportation; and
(ii) in the case of subsequent appointments to the Council, the Secretary of Transportation; and
(D) 1 member appointed, from among individuals who are the leaders of their respective unions of air traffic control system employees, by the Secretary of Transportation.
(3)
(4)
(A)
(ii) The Council shall review the rulemaking cost-benefit analysis process and develop recommendations to improve the analysis and ensure that the public interest is fully protected.
(iii) The Council shall review the process through which the Administration determines to use advisory circulars and service bulletins.
(B)
(C)
(5)
(6)
(A)
(i) 3 shall be appointed for terms of 1 year;
(ii) 4 shall be appointed for terms of 2 years; and
(iii) 3 shall be appointed for terms of 3 years.
(B)
(C)
(D)
(E)
(F)
(G)
(H)
(i)
(ii)
(I) to affect any other immunity or protection that may be available to a member of the Subcommittee under applicable law with respect to such transactions;
(II) to affect any other right or remedy against the United States under applicable law; or
(III) to limit or alter in any way the immunities that are available under applicable law for Federal officers and employees.
(I)
(i)
(ii)
(J)
(K)
(L)
(7)
(A)
(B)
(i) shall have a fiduciary responsibility to represent the public interest;
(ii) shall be citizens of the United States; and
(iii) shall be appointed without regard to political affiliation and solely on the basis of their professional experience and expertise in one or more of the following areas and, in the aggregate, should collectively bring to bear expertise in all of the following areas:
(I) Management of large service organizations.
(II) Customer service.
(III) Management of large procurements.
(IV) Information and communications technology.
(V) Organizational development.
(VI) Labor relations.
(C)
(i) have a pecuniary interest in, or own stock in or bonds of, an aviation or aeronautical enterprise, except an interest in a diversified mutual fund or an interest that is exempt from the application of section 208 of title 18;
(ii) engage in another business related to aviation or aeronautics; or
(iii) be a member of any organization that engages, as a substantial part of its activities, in activities to influence aviation-related legislation.
(D)
(i)
(ii)
(E)
(i)
(I) a mission and objectives;
(II) standards of performance relative to such mission and objectives, including safety, efficiency, and productivity; and
(III) annual and long-range strategic plans.
(ii)
(I) methods to accelerate air traffic control modernization and improvements in aviation safety related to air traffic control; and
(II) procurements of air traffic control equipment in excess of $100,000,000.
(iii)
(I) plans for modernization of the air traffic control system;
(II) plans for increasing productivity or implementing cost-saving measures; and
(III) plans for training and education.
(iv)
(I) review and approve the Administrator's appointment of a Chief Operating Officer under section 106(r);
(II) review the Administrator's selection, evaluation, and compensation of senior executives of the Administration who have program management responsibility over significant functions of the air traffic control system;
(III) review and approve the Administrator's plans for any major reorganization of the Administration that would impact on the management of the air traffic control system;
(IV) review and approve the Administrator's cost accounting and financial management structure and technologies to help ensure efficient and cost-effective air traffic control operation; and
(V) review the performance and compensation of managers responsible for major acquisition projects, including the ability of the managers to meet schedule and budget targets.
(v)
(I) review and make recommendations on the budget request of the Administration related to the air traffic control system prepared by the Administrator;
(II) submit such budget recommendations to the Secretary; and
(III) base such budget recommendations on the annual and long-range strategic plans.
(F)
(i)
(ii)
(G)
(i)
(I) establishing committees;
(II) setting meeting places and times;
(III) establishing meeting agendas; and
(IV) developing rules for the conduct of business.
(ii)
(iii)
(H)
(i)
(ii)
(iii)
(iv)
(I)
(8)
(q)
(1)
(2)
(A) be appointed by the Administrator;
(B) serve as a liaison with the public on issues regarding aircraft noise; and
(C) be consulted when the Administration proposes changes in aircraft routes so as to minimize any increases in aircraft noise over populated areas.
(3)
(r)
(1)
(A)
(B)
(C)
(D)
(E)
(2)
(A)
(B)
(3)
(4)
(5)
(A)
(i) a mission and objectives;
(ii) standards of performance relative to such mission and objectives, including safety, efficiency, and productivity;
(iii) annual and long-range strategic plans; and
(iv) methods of the Administration to accelerate air traffic control modernization and improvements in aviation safety related to air traffic control.
(B)
(i) modernization of the air traffic control system;
(ii) increasing productivity or implementing cost-saving measures;
(iii) training and education; and
(iv) the management of cost-reimbursable contracts.
(C)
(i) develop a budget request of the Administration related to the air traffic control system;
(ii) submit such budget request to the Administrator and the Committee; and
(iii) ensure that the budget request supports the agency's annual and long-range strategic plans for air traffic control services.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2416; Pub. L. 98–216, §2(2), Feb. 14, 1984, 98 Stat. 5; Pub. L. 100–591, §5(a), Nov. 3, 1988, 102 Stat. 3013; Pub. L. 101–508, title IX, §9106, Nov. 5, 1990, 104 Stat. 1388–355; Pub. L. 101–604, title I, §101(c), Nov. 16, 1990, 104 Stat. 3068; Pub. L. 102–581, title I, §104, Oct. 31, 1992, 106 Stat. 4877; Pub. L. 103–272, §§4(j)(3), 5(m)(4), July 5, 1994, 108 Stat. 1365, 1375; Pub. L. 103–305, title I, §103, title II, §201, Aug. 23, 1994, 108 Stat. 1571, 1581; Pub. L. 104–264, title I, §103(a), title II, §§223(a), 224–230, 276(c), title XII, §1210, Oct. 9, 1996, 110 Stat. 3216, 3229–3234, 3282; Pub. L. 104–287, §5(1), Oct. 11, 1996, 110 Stat. 3388; Pub. L. 105–102, §3(c)(3), Nov. 20, 1997, 111 Stat. 2215; Pub. L. 106–6, §4, Mar. 31, 1999, 113 Stat. 10; Pub. L. 106–181, title I, §103(a), title III, §§302(a)–(c), 303, 305, 306, 307(c)(1), title VII, §701, Apr. 5, 2000, 114 Stat. 66, 115–118, 121, 123, 124, 126, 154; Pub. L. 106–528, §8(a), Nov. 22, 2000, 114 Stat. 2522; Pub. L. 107–71, title I, §101(c)(3), (d), Nov. 19, 2001, 115 Stat. 602, 603; Pub. L. 108–176, title I, §103(a),(b), title II, §§201–204, 224(c), Dec. 12, 2003, 117 Stat. 2495, 2496, 2522–2526, 2528.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 106(a) | 49:1341(a) (1st sentence). | Aug. 23, 1958, Pub. L. 85–726, §§301(a), (b), 302(a), (b), 72 Stat. 744; Aug. 14, 1964, Pub. L. 88–426, §305(16) (B), (C), 78 Stat. 424. |
| 49:1652(e)(1) (related to FAA). | Oct. 15, 1966, Pub. L. 89–670, §3(e) (related to FAA), 80 Stat. 932. | |
| 106(b) | 49:1341(a) (2d sentence), (b) (1st sentence less 1st–10th words). | |
| 49:1342(a) (1st sentence), (b) (1st sentence less 1st–11th words). | ||
| 49:1652(e) (related to FAA) (1) (less 1st sentence), (3) (last sentence). | ||
| 106(c) | 49:1341(b) (1st sentence 1st–10th words, 2d sentence). | |
| 49:1652(e)(2) (related to Administrator). | ||
| 106(d) | 49:1342(b) (1st sentence 1st–11th words, 2d sentence, 4th–6th sentences). | |
| 49:1652(e)(2) (1st sentence less Administrator). | ||
| 49:1343(a)(2) (related to Deputy Administrator). | Aug. 23, 1958, Pub. L. 85–726, §302(c)(2) (related to Deputy Administrator), 72 Stat. 745. | |
| 106(e) | 49:1341(b) (less 1st, 2d sentences). | |
| 49:1342(b) (3d sentence). | ||
| 106(f) | 49:1341(a) (less 1st, 2d sentences). | |
| 106(g) | 49:1652(e)(3) (related to FAA) (less last sentence). | |
| 49:1655(c)(1) (1st sentence proviso). | Oct. 15, 1966, Pub. L. 89–670, §6(c)(1) (1st sentence proviso, 2d, last sentences), 80 Stat. 938; Jan. 3, 1975, Pub. L. 93–633, §113(d), 88 Stat. 2163. | |
| 106(h) | 49:1652(e)(4) (related to FAA). | |
| 49:1655(c)(1) (2d, last sentences). | ||
| 106(i) | 49:1342(a) (2d, last sentences). |
In subsections (a) and (b), the source provisions are combined for clarity.
In subsection (a), the words “referred to in this chapter as the ‘Administration’ ” are omitted because of the style of the revised title.
In subsection (b), the word “due” in 49:1342(b) (1st sentence less 1st–11th words) is omitted as surplus. The words “the duties and powers” are substituted for “the powers and duties vested in and imposed upon him by this chapter” to eliminate surplus words and for consistency. The word “consider” is substituted for “with . . . regard to” for clarity.
In subsections (c) and (d), the words “At the time of his nomination” are omitted as unnecessary and for consistency.
In subsection (c), the text of 49:1652(e)(2) (last sentence) is omitted as executed.
In subsection (d)(1), the words “Nothing in this chapter or other law shall preclude” in 49:1342(b) (4th sentence) are omitted as unnecessary because of the positive statement of authority. The words “armed force” are substituted for “armed services” to conform to title 10. The words “to the position of” are omitted as surplus.
In subsection (d)(2), the word “continue” is omitted as surplus. The words “pay provided by law for the Deputy Administrator” are substituted for “compensation provided for the Deputy Administrator” in 49:1342(b) because the pay provisions were repealed and replaced by 5:5315. The words “(including personal money allowance)” are omitted as being within the meaning of “allowance” in title 37. The words “as the case may be” are omitted as surplus. The words “of the military grade held” are substituted for “military . . . payable to a commissioned officer of his grade and length of service” to eliminate unnecessary words. The words “Administration” and “military” are added for clarity. The words “to defray” are omitted as surplus.
In subsection (d)(3), the words “acceptance of, and” are omitted as unnecessary. The word “held” is substituted for “may occupy or hold” to eliminate unnecessary words. The words “right or benefit” are substituted for “emolument, perquisite, right, privilege, or benefit” to eliminate unnecessary words. The words “incident to or” before “arising” are omitted as surplus.
In subsection (f), the word “Secretary” is substituted for “Administrator” because of the transfer of aviation functions to the Secretary under 49:1655(c)(1). The words “In the exercise of his duties and the discharge of his responsibilities under this chapter” are omitted as surplus.
In subsection (g), the words “are hereby transferred to” in 49:1655(c)(1) are omitted as executed. The words “carry out” are substituted for “it shall be his duty to exercise” in 49:1655(c)(1) for clarity, consistency, and to eliminate surplus words. The words “In addition to such functions, powers, and duties as are specified in this chapter” in 49:1652(e)(3) are omitted as unnecessary because of the restatement.
In subsection (h), the first sentence is substituted for 49:1655(c)(1) (2d sentence) for clarity and consistency. The word “law” is substituted for “statute” in 49:1652(e)(4) for consistency. The words “carrying out” in 49:1655(c)(1) (last sentence) are substituted for “the exercise of” for consistency. The words after “administratively final” are omitted as unnecessary because of the restatement of the revised title and those laws giving a right of appeal.
In subsection (i), the words “and exercise the powers of” are omitted as surplus. The words “when the office of the Administrator is vacant” are inserted to conform to section 102 of the revised title.
Pub. L. 103–272
Section 4(j)(3)(B) amends 49:106(g) to list the duties and powers of the Secretary of Transportation that the Administrator of the Federal Aviation Administration carries out. The duties and powers are derived from 2 sources. Some were transferred by former 49 App.:1655(c)(1), restated as 49:106 in section 1 of the Act of January 12, 1983 (Public Law 97–449, 96 Stat. 2417). The others are from laws enacted after October 15, 1966, in which the duties and powers are to be carried out by the Administrator rather than the Secretary.
References in Text
The Air Traffic Management System Performance Improvement Act of 1996, referred to in subsec. (f)(2)(A)(iv), is title II of Pub. L. 104–264, Oct. 9, 1996, 110 Stat. 3227. For complete classification of this Act to the Code, see Short Title of 1996 Amendment note set out under section 40101 of this title and Tables.
The date of the enactment of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century, referred to in subsec. (f)(3)(B)(i), is the date of enactment of Pub. L. 106–181, which was approved Apr. 5, 2000.
The date of the enactment of the Air Traffic Management System Performance Improvement Act of 1996, referred to in subsecs. (f)(3)(C), (o), and (p)(1), is the date of enactment of Pub. L. 104–264, which was approved Oct. 9, 1996.
Section 44931 of this title, referred to in subsec. (g)(2), was repealed by Pub. L. 107–71, title I, §101(f)(6), Nov. 19, 2001, 115 Stat. 603.
The Federal Advisory Committee Act, referred to in subsec. (p)(5), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees.
The date of enactment of the Vision 100—Century of Aviation Reauthorization Act, referred to in subsec. (p)(6)(C), (7)(A), is the date of enactment of Pub. L. 108–176, which was approved Dec. 12, 2003.
The Ethics in Government Act of 1978, referred to in subsec. (p)(6)(I)(i), is Pub. L. 95–521, Oct. 26, 1978, 92 Stat. 1824, as amended. Title I of the Act is set out in the Appendix to Title 5, Government Organization and Employees. For complete classification of this Act to the Code, see Short Title note set out under section 101 of Pub. L. 95–521 in the Appendix to Title 5 and Tables.
Amendments
2003—Subsec. (d)(2) to (4). Pub. L. 108–176, §204, added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively.
Subsec. (f)(2)(A)(ii). Pub. L. 108–176, §224(c), inserted “, services,” after “property”.
Subsec. (k)(1). Pub. L. 108–176, §103(a), amended par. (1) generally. Prior to amendment, par. (1) read as follows:
“(1)
“(A) such sums as may be necessary for fiscal year 2000;
“(B) $6,592,235,000 for fiscal year 2001;
“(C) $6,886,000,000 for fiscal year 2002; and
“(D) $7,357,000,000 for fiscal year 2003.
Such sums shall remain available until expended.”
Subsec. (k)(2). Pub. L. 108–176, §103(b), redesignated subpars. (C) to (E) as subpars. (A) to (C), respectively, in subpars. (A) to (C), substituted “fiscal years 2004 through 2007” for “fiscal years 2000 through 2003”, added subpars. (D) to (G), struck out former subpars. (A) and (B), which related to expenditures for wildlife measures and a university consortium for an air safety and security management certificate program, and struck out former subpars. (F) to (I), which related to expenditures for the 1998 airport surface operations safety action plan, United States membership obligations in the International Civil Aviation Organization, additional inspectors to enhance air cargo security programs, and improved training programs for airport security screening personnel.
Subsec. (p). Pub. L. 108–176, §201(1), inserted “and Air Traffic Services Board” after “Council” in heading.
Subsec. (p)(2). Pub. L. 108–176, §201(2)(A), substituted “consist of 13 members, who” for “consist of 18 members, who” in introductory provisions.
Subsec. (p)(2)(C)(i). Pub. L. 108–176, §201(2)(B), inserted “, except that initial appointments made after May 1, 2003, shall be made by the Secretary of Transportation” after “Senate”.
Subsec. (p)(2)(C)(ii). Pub. L. 108–176, §201(2)(C)(ii), substituted “; and” for semicolon at end.
Subsec. (p)(2)(D). Pub. L. 108–176, §201(2)(D), substituted “employees, by the Secretary of Transportation.” for “employees, by—
“(i) in the case of initial appointments to the Council, the President by and with the advice and consent of the Senate; and
“(ii) in the case of subsequent appointments to the Council, the Secretary of Transportation; and”.
Subsec. (p)(2)(E). Pub. L. 108–176, §201(2)(D), struck out subpar. (E) which read as follows: “5 members appointed by the Secretary after consultation with the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.”
Subsec. (p)(3). Pub. L. 108–176, §202(1), added par. (3) and struck out former par. (3) which related to qualifications for serving on the Council.
Subsec. (p)(4)(C). Pub. L. 108–176, §202(2), inserted “or Air Traffic Services Committee” after “Council” in two places.
Subsec. (p)(5). Pub. L. 108–176, §202(3), inserted “, the Air Traffic Services Committee,” after “Council”.
Subsec. (p)(6)(C). Pub. L. 108–176, §202(4), in heading substituted “committee” for “subcommittee” and in text substituted “members appointed” for “member appointed”, “to the Air Traffic Services Committee shall” for “under paragraph (2)(E) shall”, and “the first members of the Committee shall be the members of the Air Traffic Services Subcommittee of the Council on the day before the date of enactment of the Vision 100—Century of Aviation Reauthorization Act who shall serve in an advisory capacity until such time as the President appoints the members of the Committee under paragraph (7).” for “of the members first appointed under paragraph (2)(E)—
“(i) 2 members shall be appointed for a term of 3 years;
“(ii) 2 members shall be appointed for a term of 4 years; and
“(iii) 1 member shall be appointed for a term of 5 years.”
Subsec. (p)(6)(D). Pub. L. 108–176, §202(5), substituted “to the Committee” for “under paragraph (2)(E)”.
Subsec. (p)(6)(E). Pub. L. 108–176, §202(6), inserted “or Committee” after “Council”.
Subsec. (p)(6)(F). Pub. L. 108–176, §202(7), inserted “of the Council or Committee” after “member”.
Subsec. (p)(6)(G). Pub. L. 108–176, §202(8), in second sentence substituted “Committee” for “Council” and struck out “appointed under paragraph (2)(E)” before “may be removed”.
Subsec. (p)(6)(H). Pub. L. 108–176, §202(9)(A), substituted “committee” for “subcommittee” in heading.
Subsec. (p)(6)(H)(i). Pub. L. 108–176, §202(9)(B), (C), substituted “to the Committee” for “under paragraph (2)(E)” and “of the Committee” for “of the Air Traffic Services Subcommittee”.
Subsec. (p)(6)(I)(i). Pub. L. 108–176, §202(10), substituted “is serving as” for “appointed under paragraph (2)(E) is” and “Committee” for “Subcommittee”.
Subsec. (p)(6)(I)(ii). Pub. L. 108–176, §202(11), substituted “who is a member of the Committee” for “appointed under paragraph (2)(E)” and “Committee;” for “Subcommittee;”.
Subsec. (p)(6)(K). Pub. L. 108–176, §202(12), inserted “or Committee” after “Council”.
Subsec. (p)(6)(L). Pub. L. 108–176, §202(13), inserted “or Committee” after “Council” in two places.
Subsec. (p)(7). Pub. L. 108–176, §202(14)(A), substituted “committee” for “subcommittee” in heading.
Subsec. (p)(7)(A). Pub. L. 108–176, §202(14)(B), added subpar. (A) and struck out heading and text of former subpar. (A). Text read as follows: “The Management Advisory Council shall have an air traffic services subcommittee (in this paragraph referred to as the ‘Subcommittee’) composed of the five members appointed under paragraph (2)(E).”
Subsec. (p)(7)(B), (C). Pub. L. 108–176, §202(14)(D), added subpars. (B) and (C). Former subpars. (B) and (C) redesignated (D) and (E), respectively.
Subsec. (p)(7)(D). Pub. L. 108–176, §202(14)(E), substituted “Committee” for “Subcommittee” in two places.
Pub. L. 108–176, §202(14)(C), redesignated subpar. (B) as (D). Former subpar. (D) redesignated (F).
Subsec. (p)(7)(E). Pub. L. 108–176, §202(14)(I), struck out concluding provisions which read as follows: “The Secretary shall submit the budget request referred to in clause (v)(II) for any fiscal year to the President who shall transmit such request, without revision, to the Committees on Transportation and Infrastructure and Appropriations of the House of Representatives and the Committees on Commerce, Science, and Transportation and Appropriations of the Senate, together with the President's annual budget request for the Federal Aviation Administration for such fiscal year.”
Pub. L. 108–176, §202(14)(E), substituted “Committee” for “Subcommittee” in introductory provisions.
Pub. L. 108–176, §202(14)(C), redesignated subpar. (C) as (E). Former subpar. (E) redesignated (G).
Subsec. (p)(7)(E)(v)(I). Pub. L. 108–176, §202(14)(F), substituted “make recommendations on” for “approve”.
Subsec. (p)(7)(E)(v)(II). Pub. L. 108–176, §202(14)(G), substituted “recommendations” for “request”.
Subsec. (p)(7)(E)(v)(III). Pub. L. 108–176, §202(14)(H), substituted “base such budget recommendations on” for “ensure that the budget request supports”.
Subsec. (p)(7)(F). Pub. L. 108–176, §202(14)(J), added subpar. (F) and struck out heading and text of former subpar. (F). Text read as follows:
“(i)
“(ii)
“(iii)
“(iv)
Pub. L. 108–176, §202(14)(C), redesignated subpar (D) as (F). Former subpar. (F) redesignated (H).
Subsec. (p)(7)(G). Pub. L. 108–176, §202(14)(K), substituted “Committee” for “Subcommittee” wherever appearing, redesignated cls. (ii) to (iv) as (i) to (iii), respectively, and struck out former cl. (i) which read as follows: “
Pub. L. 108–176, §202(14)(C), redesignated subpar. (E) as (G).
Subsec. (p)(7)(H). Pub. L. 108–176, §202(14)(C), redesignated subpar. (F) as (H).
Subsec. (p)(7)(H)(i). Pub. L. 108–176, §202(14)(L)(i), (ii), substituted “Committee shall” for “Subcommittee shall” and “Secretary” for “Administrator, the Council”.
Subsec. (p)(7)(H)(ii). Pub. L. 108–176, §202(14)(L), substituted “Committee under” for “Subcommittee under”, “subparagraph (D)(i)” for “subparagraph (B)(i)”, “Committee shall” for “Subcommittee shall”, and “Secretary” for “Administrator, the Council”.
Subsec. (p)(7)(H)(iii), (iv). Pub. L. 108–176, §202(14)(L)(i), in cl. (iii) substituted “Committee under” for “Subcommittee under” and “Committee, the” for “Subcommittee, the” and in cl. (iv) substituted “Committee in” for “Subcommittee in”.
Subsec. (p)(7)(I). Pub. L. 108–176, §202(14)(M), added subpar. (I).
Subsec. (r)(1)(A), (2)(A). Pub. L. 108–176, §203(1), substituted “Air Traffic Services Committee” for “Air Traffic Services Subcommittee of the Aviation Management Advisory Council”.
Subsec. (r)(2)(B). Pub. L. 108–176, §203(2), inserted “in” before “paragraph (3)”.
Subsec. (r)(3). Pub. L. 108–176, §203(3), substituted “Air Traffic Services Committee” for “Air Traffic Control Subcommittee of the Aviation Management Advisory Committee”.
Subsec. (r)(4). Pub. L. 108–176, §203(4), substituted “Transportation, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate” for “Transportation and Congress”.
Subsec. (r)(5)(A). Pub. L. 108–176, §203(5), in introductory provisions substituted “implement the” for “develop a” and “in order to further” for “, including the establishment of”.
Subsec. (r)(5)(B). Pub. L. 108–176, §203(6)(A), substituted “oversee the day-to-day operational functions of the Administration for air traffic control,” for “review the operational functions of the Administration,” in introductory provisions.
Subsec. (r)(5)(B)(iv). Pub. L. 108–176, §203(6)(B)–(D), added cl. (iv).
Subsec. (r)(5)(C)(i). Pub. L. 108–176, §203(7), struck out “prepared by the Administrator” after “air traffic control system”.
Subsec. (r)(5)(C)(ii). Pub. L. 108–176, §203(8), substituted “and the Committee” for “and the Secretary of Transportation”.
Subsec. (r)(5)(C)(iii). Pub. L. 108–176, §203(9), inserted “agency's” before “annual” and substituted “for air traffic control services” for “developed under subparagraph (A) of this subsection”.
2001—Subsec. (m). Pub. L. 107–71, §101(d), substituted “supplies, personnel, services, and” for “supplies and” in last sentence.
Subsec. (r)(2)(A). Pub. L. 107–71, §101(c)(3), amended heading and text of subpar. (A) generally. Prior to amendment, text read as follows: “The Chief Operating Officer shall be paid at an annual rate of basic pay equal to the annual rate of basic pay of the Administrator. The Chief Operating Officer shall be subject to the post-employment provisions of section 207 of title 18 as if this position were described in section 207(c)(2)(A)(i) of that title.”
2000—Subsec. (f)(3)(A). Pub. L. 106–181, §306, inserted at end “On February 1 and August 1 of each year the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a letter listing each deadline the Administrator missed under this subparagraph during the 6-month period ending on such date, including an explanation for missing the deadline and a projected date on which the action that was subject to the deadline will be taken.”
Subsec. (f)(3)(B)(i). Pub. L. 106–181, §305(1), (2), in introductory provisions, substituted “$250,000,000” for “$100,000,000” and “Wendell H. Ford Aviation Investment and Reform Act for the 21st Century” for “Air Traffic Management System Performance Improvement Act of 1996”.
Subsec. (f)(3)(B)(i)(I). Pub. L. 106–181, §305(1), (3), substituted “$250,000,000” for “$100,000,000” and inserted “substantial and” before “material” and “or” after semicolon at end.
Subsec. (f)(3)(B)(i)(II) to (IV). Pub. L. 106–181, §305(4), added subcl. (II) and struck out former subcls. (II) to (IV) which read as follows:
“(II) create a serious inconsistency or otherwise interfere with an action taken or planned by another agency;
“(III) materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or
“(IV) raise novel legal or policy issues arising out of legal mandates.”
Subsec. (g)(1)(A). Pub. L. 106–181, §701, substituted “40113(a), 40113(c), 40113(d), 40113(e), 40114(a), and 40119, chapter 445 (except sections 44501(b), 44502(a)(2), 44502(a)(3), 44502(a)(4), 44503, 44506, 44509, 44510, 44514, and 44515), chapter 447 (except sections 44717, 44718(a), 44718(b), 44719, 44720, 44721(b), 44722, and 44723), chapter 449 (except sections 44903(d), 44904, 44905, 44907–44911, 44913, 44915, and 44931–44934), chapter 451, chapter 453, sections” for “40113(a), (c), and (d), 40114(a), 40119, 44501(a) and (c), 44502(a)(1), (b), and (c), 44504, 44505, 44507, 44508, 44511–44513, 44701–44716, 44718(c), 44721(a), 44901, 44902, 44903(a)–(c) and (e), 44906, 44912, 44935–44937, and 44938(a) and (b), chapter 451, sections 45302–45304,”.
Subsec. (k). Pub. L. 106–181, §103(a), amended heading and text of subsec. (k) generally. Prior to amendment, text read as follows: “There is authorized to be appropriated to the Secretary of Transportation for operations of the Administration $5,632,000,000 for fiscal year 1999.”
Subsec. (l)(1). Pub. L. 106–181, §307(c)(1), substituted “subsections (a) and (g) of section 40122” for “section 40122(a) of this title and section 347 of Public Law 104–50”.
Subsec. (p)(2). Pub. L. 106–528, which directed the substitution of “18” for “15” in section 106(p)(2), without specifying the Code title to be amended, was executed by making the substitution in the introductory provisions of subsec. (p)(2) of this section, to reflect the probable intent of Congress.
Subsec. (p)(2)(C) to (E). Pub. L. 106–181, §302(a)(1), added subpars. (C) to (E) and struck out former subpar. (C) which read as follows: “13 members representing aviation interests, appointed by the President by and with the advice and consent of the Senate.”
Subsec. (p)(3). Pub. L. 106–181, §302(a)(2), designated existing provisions as subpar. (A), inserted subpar. heading, realigned margins, inserted “or (2)(E)” after “paragraph (2)(C)”, and added subpars. (B) and (C).
Subsec. (p)(6). Pub. L. 106–181, §302(b), added subpars. (A) to (I), redesignated former subpars. (B) to (D) as (J) to (L), respectively, and struck out former subpar. (A) which related to terms of members appointed to the Advisory Council.
Subsec. (p)(7), (8). Pub. L. 106–181, §302(c), added pars. (7) and (8).
Subsec. (r). Pub. L. 106–181, §303, added subsec. (r).
1999—Subsec. (k). Pub. L. 106–6 substituted “$5,632,000,000 for fiscal year 1999.” for “$5,158,000,000 for fiscal year 1997 and $5,344,000,000 for fiscal year 1998.”
1997—Subsec. (g)(1)(A). Pub. L. 105–102 added Pub. L. 104–264, §276(c). See 1996 Amendment note below.
1996—Subsec. (b). Pub. L. 104–287 substituted “August 23, 1994,” for “the date of the enactment of this sentence”.
Pub. L. 104–264, §223(a)(1), substituted “Except as provided in subsection (f) or in other provisions of law, the Administrator” for “The Administrator”.
Subsec. (f). Pub. L. 104–264, §223(a)(2), inserted subsec. heading, designated existing provisions as par. (1), inserted par. (1) heading, substituted “Except as provided in paragraph (2), the Secretary” for “The Secretary”, realigned margins, substituted “Neither the Secretary nor the Administrator may” for “The Secretary may not” and “or be bound” for “nor be bound”, and added pars. (2) and (3).
Subsec. (f)(3). Pub. L. 104–264, §224(2), added par. (3). Former par. (3) redesignated (4).
Subsec. (f)(4). Pub. L. 104–264, §224(1), redesignated par. (3) as (4).
Subsec. (g)(1)(A). Pub. L. 104–264, §276(c), as added by Pub. L. 105–102, substituted “45302–45304” for “45302, 45303”.
Subsec. (k). Pub. L. 104–264, §103(a), substituted “$5,158,000,000 for fiscal year 1997 and $5,344,000,000 for fiscal year 1998.” for “$4,088,000,000 for fiscal year 1991, $4,412,600,000 for fiscal year 1992, $4,716,500,000 for fiscal year 1993, $4,576,000,000 for fiscal year 1994, $4,674,000,000 for fiscal year 1995, and $4,810,000,000 for fiscal year 1996.”
Subsec. (l). Pub. L. 104–264, §225, added subsec. (l).
Subsec. (l)(6). Pub. L. 104–264, §226, added par. (6).
Subsec. (m). Pub. L. 104–264, §227, added subsec. (m).
Subsec. (n). Pub. L. 104–264, §228, added subsec. (n).
Subsec. (o). Pub. L. 104–264, §229, added subsec. (o).
Subsec. (p). Pub. L. 104–264, §230, added subsec. (p).
Subsec. (q). Pub. L. 104–264, §1210, added subsec. (q).
1994—Subsec. (b). Pub. L. 103–305, §201, inserted at end “The term of office for any individual appointed as Administrator after the date of the enactment of this sentence shall be 5 years.”
Subsec. (f). Pub. L. 103–272, §4(j)(3)(A), substituted “Secretary of Transportation shall” for “Secretary shall”.
Subsec. (g). Pub. L. 103–272, §4(j)(3)(B), inserted heading and amended text generally. Prior to amendment, text read as follows: “The Administrator shall carry out—
“(1) duties and powers of the Secretary related to aviation safety (except those related to transportation, packaging, marking, or description of hazardous materials) and vested in the Secretary by section 308(b) of this title and sections 306–309, 312–314, 315–316 (except for the duties and powers vested in the Director of Intelligence and Security by or under section 101 of the Aviation Security Improvement Act of 1990), 1101, 1105, and 1111 and titles VI, VII, IX, and XII of the Federal Aviation Act of 1958 (49 App. U.S.C. 1347–1350, 1353–1355, 1421 et seq., 1441 et seq., 1471 et seq., 1501, 1505, 1511, and 1521 et seq.); and
“(2) additional duties and powers prescribed by the Secretary.”
Subsec. (h). Pub. L. 103–272, §5(m)(4)(A), substituted “Section 40101(d) of this title” for “Section 103 of the Federal Aviation Act of 1958 (49 App. U.S.C. 1303)”.
Subsec. (j). Pub. L. 103–272, §5(m)(4)(B), substituted “section 44507 of this title” for “section 312(e) of the Federal Aviation Act of 1958”.
Subsec. (k). Pub. L. 103–305, §103, substituted “, $4,576,000,000 for fiscal year 1994, $4,674,000,000 for fiscal year 1995, and $4,810,000,000 for fiscal year 1996” for “, $5,100,000,000 for fiscal year 1994, and $5,520,000,000 for fiscal year 1995”.
Pub. L. 103–272, §4(j)(3)(C), inserted “to the Secretary of Transportation” after “appropriated”.
1992—Subsec. (k). Pub. L. 102–581 substituted “1991,” for “1991 and” and inserted before period at end “, $4,716,500,000 for fiscal year 1993, $5,100,000,000 for fiscal year 1994, and $5,520,000,000 for fiscal year 1995”.
1990—Subsec. (g)(1). Pub. L. 101–604 inserted “315–316 (except for the duties and powers vested in the Director of Intelligence and Security by or under section 101 of the Aviation Security Improvement Act of 1990),” after “312–314,”.
Subsec. (k). Pub. L. 101–508 added subsec. (k).
1988—Subsec. (j). Pub. L. 100–591 added subsec. (j).
1984—Subsecs. (g)(1), (h). Pub. L. 98–216 substituted “49 App. U.S.C.” for “49 U.S.C.”.
Effective Date of 2003 Amendment
Pub. L. 108–176, §3, Dec. 12, 2003, 117 Stat. 2493, provided that: “Except as otherwise specifically provided, this Act [see Tables for classification] and the amendments made by this Act shall apply only to fiscal years beginning after September 30, 2003.”
Effective Date of 2000 Amendments
Pub. L. 106–528, §9, Nov. 22, 2000, 114 Stat. 2523, provided that: “Except as otherwise expressly provided, this Act [amending this section and sections 41104, 44903, 44935, and 44936 of this title, enacting provisions set out as notes under sections 40101, 44903, and 44936 of this title, and amending provisions set out as notes under sections 40128 and 47501 of this title] and the amendments made by this Act shall take effect 30 days after the date of enactment of this Act [Nov. 22, 2000].”
Pub. L. 106–181, §3, Apr. 5, 2000, 114 Stat. 64, provided that: “Except as otherwise specifically provided, this Act [see Tables for classification] and the amendments made by this Act shall apply only to fiscal years beginning after September 30, 1999.”
Pub. L. 106–181, title III, §302(d), Apr. 5, 2000, 114 Stat. 121, provided that:
“(1)
“(2)
“(3)
Effective Date of 1997 Amendment
Pub. L. 105–102, §3(c), Nov. 20, 1997, 111 Stat. 2215, provided that the amendment made by section 3(c)(3) is effective Oct. 9, 1996.
Pub. L. 105–102, §3(f), Nov. 20, 1997, 111 Stat. 2216, provided that: “The amendments made by subsections (a) through (d) of this section [amending this section and sections 5302, 30501 to 30504, 45301, 46301, 46316, 47117, and 47128 of this title, renumbering section 40121 of this title as 40124 of this title, and amending provisions set out as notes under sections 5303 and 47117 of this title] shall take effect as if included in the provisions of the Acts to which the amendments relate.”
Effective Date of 1996 Amendment
Section 3 of Pub. L. 104–264 provided that:
“(a)
“(b)
Section 203 of title II of Pub. L. 104–264 provided that: “The provisions of this title [enacting sections 40121, 40122, 45301, 45303, 48111, and 48201 of this title, amending this section and section 41742 of this title, renumbering section 45303 of this title as section 45304, repealing section 45301 of this title, and enacting provisions set out as notes under this section and sections 40101, 40110, and 41742 of this title] and the amendments made by this title shall take effect on the date that is 30 days after the date of the enactment of this Act [Oct. 9, 1996].”
Federal Aviation Administration Science and Technology Scholarship Program
Pub. L. 108–176, title VII, §702, Dec. 12, 2003, 117 Stat. 2576, provided that:
“(a)(1) The Administrator of the Federal Aviation Administration shall establish a Federal Aviation Administration Science and Technology Scholarship Program to award scholarships to individuals that is designed to recruit and prepare students for careers in the Federal Aviation Administration.
“(2) Individuals shall be selected to receive scholarships under this section through a competitive process primarily on the basis of academic merit, with consideration given to financial need and the goal of promoting the participation of individuals identified in section 33 or 34 of the Science and Engineering Equal Opportunities Act [42 U.S.C. 1885a, 1885b].
“(3) To carry out the Program the Administrator shall enter into contractual agreements with individuals selected under paragraph (2) under which the individuals agree to serve as full-time employees of the Federal Aviation Administration, for the period described in subsection (f)(1), in positions needed by the Federal Aviation Administration and for which the individuals are qualified, in exchange for receiving a scholarship.
“(b) In order to be eligible to participate in the Program, an individual must—
“(1) be enrolled or accepted for enrollment as a full-time student at an institution of higher education, as a junior or senior undergraduate or graduate student, in an academic field or discipline described in the list made available under subsection (d);
“(2) be a United States citizen or permanent resident; and
“(3) at the time of the initial scholarship award, not be an employee (as defined in section 2105 of title 5, United States Code).
“(c) An individual seeking a scholarship under this section shall submit an application to the Administrator at such time, in such manner, and containing such information, agreements, or assurances as the Administrator may require.
“(d) The Administrator shall make publicly available a list of academic programs and fields of study for which scholarships under the Program may be utilized and shall update the list as necessary.
“(e)(1) The Administrator may provide a scholarship under the Program for an academic year if the individual applying for the scholarship has submitted to the Administrator, as part of the application required under subsection (c), a proposed academic program leading to a degree in a program or field of study on the list made available under subsection (d).
“(2) An individual may not receive a scholarship under this section for more than 4 academic years, unless the Administrator grants a waiver.
“(3) The dollar amount of a scholarship under this section for an academic year shall be determined under regulations issued by the Administrator, but shall in no case exceed the cost of attendance.
“(4) A scholarship provided under this section may be expended for tuition, fees, and other authorized expenses as established by the Administrator by regulation.
“(5) The Administrator may enter into a contractual agreement with an institution of higher education under which the amounts provided for a scholarship under this section for tuition, fees, and other authorized expenses are paid directly to the institution with respect to which the scholarship is provided.
“(f)(1) The period of service for which an individual shall be obligated to serve as an employee of the Federal Aviation Administration is, except as provided in subsection (h)(2), 24 months for each academic year for which a scholarship under this section is provided.
“(2)(A) Except as provided in subparagraph (B), obligated service under paragraph (1) shall begin not later than 60 days after the individual obtains the educational degree for which the scholarship was provided.
“(B) The Administrator may defer the obligation of an individual to provide a period of service under paragraph (1) if the Administrator determines that such a deferral is appropriate. The Administrator shall prescribe the terms and conditions under which a service obligation may be deferred through regulation.
“(g)(1) Scholarship recipients who fail to maintain a high level of academic standing, as defined by the Administrator by regulation, who are dismissed from their educational institutions for disciplinary reasons, or who voluntarily terminate academic training before graduation from the educational program for which the scholarship was awarded, shall be in breach of their contractual agreement and, in lieu of any service obligation arising under such agreement, shall be liable to the United States for repayment within 1 year after the date of default of all scholarship funds paid to them and to the institution of higher education on their behalf under the agreement, except as provided in subsection (h)(2). The repayment period may be extended by the Administrator when determined to be necessary, as established by regulation.
“(2) Scholarship recipients who, for any reason, fail to begin or complete their service obligation after completion of academic training, or fail to comply with the terms and conditions of deferment established by the Administrator pursuant to subsection (f)(2)(B), shall be in breach of their contractual agreement. When recipients breach their agreements for the reasons stated in the preceding sentence, the recipient shall be liable to the United States for an amount equal to—
“(A) the total amount of scholarships received by such individual under this section; plus
“(B) the interest on the amounts of such awards which would be payable if at the time the awards were received they were loans bearing interest at the maximum legal prevailing rate, as determined by the Treasurer of the United States,
multiplied by 3.
“(h)(1) Any obligation of an individual incurred under the Program (or a contractual agreement thereunder) for service or payment shall be canceled upon the death of the individual.
“(2) The Administrator shall by regulation provide for the partial or total waiver or suspension of any obligation of service or payment incurred by an individual under the Program (or a contractual agreement thereunder) whenever compliance by the individual is impossible or would involve extreme hardship to the individual, or if enforcement of such obligation with respect to the individual would be contrary to the best interests of the Government.
“(i) For purposes of this section—
“(1) the term ‘cost of attendance’ has the meaning given that term in section 472 of the Higher Education Act of 1965 [20 U.S.C. 1087ll];
“(2) the term ‘institution of higher education’ has the meaning given that term in section 101(a) of the Higher Education Act of 1965 [20 U.S.C. 1001(a)]; and
“(3) the term ‘Program’ means the Federal Aviation Administration Science and Technology Scholarship Program established under this section.
“(j)(1) There is authorized to be appropriated to the Federal Aviation Administration for the Program $10,000,000 for each fiscal year.
“(2) Amounts appropriated under this section shall remain available for 2 fiscal years.
“(k) The Administrator may provide temporary internships to full-time students enrolled in an undergraduate or post-graduate program leading to an advanced degree in an aerospace-related or aviation safety-related field of endeavor.”
Internet Availability of Information
Pub. L. 106–181, title IX, §903, Apr. 5, 2000, 114 Stat. 196, provided that: “The Administrator [of the Federal Aviation Administration] shall make available through the Internet home page of the Federal Aviation Administration the abstracts relating to all research grants and awards made with funds authorized by the amendments made by this Act [see Tables for classification]. Nothing in this section shall be construed to require or permit the release of any information prohibited by law or regulation from being released to the public.”
Findings
Section 221 of Pub. L. 104–264 provided that: “Congress finds the following:
“(1) In many respects the Administration is a unique agency, being one of the few non-defense government agencies that operates 24 hours a day, 365 days of the year, while continuing to rely on outdated technology to carry out its responsibilities for a state-of-the-art industry.
“(2) Until January 1, 1996, users of the air transportation system paid 70 percent of the budget of the Administration, with the remaining 30 percent coming from the General Fund. The General Fund contribution over the years is one measure of the benefit received by the general public, military, and other users of Administration's services.
“(3) The Administration must become a more efficient, effective, and different organization to meet future challenges.
“(4) The need to balance the Federal budget means that it may become more and more difficult to obtain sufficient General Fund contributions to meet the Administration's future budget needs.
“(5) Congress must keep its commitment to the users of the national air transportation system by seeking to spend all moneys collected from them each year and deposited into the Airport and Airway Trust Fund. Existing surpluses representing past receipts must also be spent for the purposes for which such funds were collected.
“(6) The aviation community and the employees of the Administration must come together to improve the system. The Administration must continue to recognize who its customers are and what their needs are, and to design and redesign the system to make safety improvements and increase productivity.
“(7) The Administration projects that commercial operations will increase by 18 percent and passenger traffic by 35 percent by the year 2002. Without effective airport expansion and system modernization, these needs cannot be met.
“(8) Absent significant and meaningful reform, future challenges and needs cannot be met.
“(9) The Administration must have a new way of doing business.
“(10) There is widespread agreement within government and the aviation industry that reform of the Administration is essential to safely and efficiently accommodate the projected growth of aviation within the next decade.
“(11) To the extent that Congress determines that certain segments of the aviation community are not required to pay all of the costs of the government services which they require and benefits which they receive, Congress should appropriate the difference between such costs and any receipts received from such segment.
“(12) Prior to the imposition of any new charges or user fees on segments of the industry, an independent review must be performed to assess the funding needs and assumptions for operations, capital spending, and airport infrastructure.
“(13) An independent, thorough, and complete study and assessment must be performed of the costs to the Administration and the costs driven by each segment of the aviation system for safety and operational services, including the use of the air traffic control system and the Nation's airports.
“(14) Because the Administration is a unique Federal entity in that it is a participant in the daily operations of an industry, and because the national air transportation system faces significant problems without significant changes, the Administration has been authorized to change the Federal procurement and personnel systems to ensure that the Administration has the ability to keep pace with new technology and is able to match resources with the real personnel needs of the Administration.
“(15) The existing budget system does not allow for long-term planning or timely acquisition of technology by the Administration.
“(16) Without reforms in the areas of procurement, personnel, funding, and governance, the Administration will continue to experience delays and cost overruns in its major modernization programs and needed improvements in the performance of the air traffic management system will not occur.
“(17) All reforms should be designed to help the Administration become more responsive to the needs of its customers and maintain the highest standards of safety.”
Purposes
Section 222 of title II of Pub. L. 104–264 provided that: “The purposes of this title [see Effective Date of 1996 Amendment note set out above] are—
“(1) to ensure that final action shall be taken on all notices of proposed rulemaking of the Administration within 18 months after the date of their publication;
“(2) to permit the Administration, with Congressional review, to establish a program to improve air traffic management system performance and to establish appropriate levels of cost accountability for air traffic management services provided by the Administration;
“(3) to establish a more autonomous and accountable Administration within the Department of Transportation; and
“(4) to make the Administration a more efficient and effective organization, able to meet the needs of a dynamic, growing industry, and to ensure the safety of the traveling public.”
Preservation of Existing Authority
Section 223(b) of title II of Pub. L. 104–264 provided that: “Nothing in this title [see Effective Date of 1996 Amendment note set out above] or the amendments made by this title limits any authority granted to the Administrator by statute or by delegation that was in effect on the day before the date of the enactment of this Act [Oct. 9, 1996].”
Personnel Management System for Federal Aviation Administration
Pub. L. 104–50, title III, §347, Nov. 15, 1995, 109 Stat. 460, as amended by Pub. L. 104–122, Mar. 29, 1996, 110 Stat. 876; Pub. L. 105–339, §5, Oct. 31, 1998, 112 Stat. 3187, which required the Administrator of the Federal Aviation Administration to develop and implement, not later than Jan. 1, 1996, a personnel management system, exempt from most provisions of Title 5, Government Organization and Employees, to provide for greater flexibility in the hiring, training, compensation, and location of personnel, was repealed by Pub. L. 106–181, title III, §307(d), Apr. 5, 2000, 114 Stat. 126.
Dependents of Federal Aviation Administration Personnel
Pub. L. 106–346, §101(a) [title III, §303], Oct. 23, 2000, 114 Stat. 1356, 1356A–23, provided that: “Hereafter, funds appropriated under this or any other Act for expenditures by the Federal Aviation Administration shall be available: (1) except as otherwise authorized by title VIII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7701 et seq.), for expenses of primary and secondary schooling for dependents of Federal Aviation Administration personnel stationed outside the continental United States at costs for any given area not in excess of those of the Department of Defense for the same area, when it is determined by the Secretary that the schools, if any, available in the locality are unable to provide adequately for the education of such dependents; and (2) for transportation of said dependents between schools serving the area that they attend and their places of residence when the Secretary, under such regulations as may be prescribed, determines that such schools are not accessible by public means of transportation on a regular basis.”
Similar provisions were contained in the following prior appropriation acts:
Pub. L. 106–69, title III, §303, Oct. 9, 1999, 113 Stat. 1015.
Pub. L. 105–277, div. A, §101(g) [title III, §303], Oct. 21, 1998, 112 Stat. 2681–439, 2681–464.
Pub. L. 105–66, title III, §303, Oct. 27, 1997, 111 Stat. 1441.
Pub. L. 104–205, title III, §303, Sept. 30, 1996, 110 Stat. 2968.
Pub. L. 104–50, title III, §303, Nov. 15, 1995, 109 Stat. 453.
Pub. L. 103–331, title III, §303, Sept. 30, 1994, 108 Stat. 2488.
Pub. L. 103–122, title III, §303, Oct. 27, 1993, 107 Stat. 1219.
Pub. L. 102–388, title III, §303, Oct. 6, 1992, 106 Stat. 1543.
Pub. L. 102–143, title III, §303, Oct. 28, 1991, 105 Stat. 939.
Pub. L. 101–516, title III, §303, Nov. 5, 1990, 104 Stat. 2178.
Pub. L. 101–164, title III, §303, Nov. 21, 1989, 103 Stat. 1091.
Pub. L. 100–457, title III, §303, Sept. 30, 1988, 102 Stat. 2146.
Pub. L. 100–202, §101(l) [title III, §303], Dec. 22, 1987, 101 Stat. 1329–358, 1329–377.
Pub. L. 99–500, §101(l) [H.R. 5205, title III, §303], Oct. 18, 1986, 100 Stat. 1783–308, and Pub. L. 99–591, §101(l), Oct. 30, 1986, 100 Stat. 3341–308.
Pub. L. 99–190, §101(e) [title III, §303], Dec. 19, 1985, 99 Stat. 1267, 1284.
Pub. L. 98–473, title I, §101(i) [title III, §303], Oct. 12, 1984, 98 Stat. 1944, 1961.
Pub. L. 98–78, title III, §303, Aug. 15, 1983, 97 Stat. 470.
Pub. L. 97–369, title III, §306, Dec. 18, 1982, 96 Stat. 1781.
Pub. L. 97–102, title III, §306, Dec. 23, 1981, 95 Stat. 1458.
Pub. L. 96–400, title III, §306, Oct. 9, 1980, 94 Stat. 1695.
Pub. L. 96–131, title III, §307, Nov. 30, 1979, 93 Stat. 1037.
Pub. L. 95–335, title III, §310, Aug. 4, 1978, 92 Stat. 448.
Pub. L. 95–85, title III, §310, Aug. 2, 1977, 91 Stat. 416.
Pub. L. 94–387, title III, §312, Aug. 14, 1976, 90 Stat. 1185.
Pub. L. 94–134, title III, §310, Nov. 24, 1975, 89 Stat. 711.
Pub. L. 93–391, title III, §311, Aug. 28, 1974, 88 Stat. 780.
Pub. L. 93–98, title III, §313, Aug. 16, 1973, 87 Stat. 340.
Pub. L. 92–398, title III, §313, Aug. 22, 1972, 86 Stat. 591.
Pub. L. 92–74, title I, Aug. 10, 1971, 85 Stat. 203.
Pub. L. 91–168, title I, Dec. 26, 1969, 83 Stat. 455.
Pub. L. 90–464, title I, Aug. 8, 1968, 82 Stat. 655.
Pub. L. 90–112, title II, Oct. 23, 1967, 81 Stat. 312.
Pub. L. 89–474, title I, June 29, 1966, 80 Stat. 223.
Pub. L. 89–57, title I, June 30, 1965, 79 Stat. 197.
Pub. L. 88–392, title I, Aug. 1, 1964, 78 Stat. 369.
Pub. L. 88–39, title I, June 13, 1963, 77 Stat. 59.
Pub. L. 87–575, title I, Aug. 6, 1962, 76 Stat. 311.
Pub. L. 87–159, title I, Aug. 21, 1961, 75 Stat. 395.
Pub. L. 86–561, title I, June 30, 1960, 74 Stat. 285.
Pub. L. 86–39, title I, June 11, 1959, 73 Stat. 67.
Pub. L. 85–354, title I, Mar. 28, 1958, 72 Stat. 63.
Pub. L. 85–37, title I, May 27, 1957, 71 Stat. 37.
Apr. 2, 1956, ch. 161, title I, 70 Stat. 94.
June 1, 1955, ch. 113, title I, 69 Stat. 74.
May 28, 1954, ch. 242, title I, 68 Stat. 146.
June 18, 1953, ch. 132, title I, 67 Stat. 69.
Aviation Safety Commission
Pub. L. 99–500, title V, §§501–507, Oct. 18, 1986, 100 Stat. 1783–370 to 1783–373, and Pub. L. 99–591, title V, §§501–507, Oct. 30, 1986, 100 Stat. 3341–373 to 3341–376, known as the Aviation Safety Commission Act of 1986, established Aviation Safety Commission, directed Commission to study organization and functions of Federal Aviation Administration and means by which it could most efficiently and effectively perform its responsibilities and increase aviation safety and to submit reports to the President and the two houses of Congress within 9 months after Oct. 18, 1986, and within 18 months after Oct. 18, 1986, and provided that Commission was to cease to exist 18 months after Oct. 18, 1986.
Appointment of Retired Military Officer as Administrator
Pub. L. 102–308, June 26, 1992, 106 Stat. 273, provided: “That notwithstanding the provisions of section 106 of title 49, United States Code, or any other provision of law, the President, acting by and with the advice and consent of the Senate, is authorized to appoint General Thomas C. Richards, United States Air Force, Retired, to the Office of Administrator of the Federal Aviation Administration. General Richards’ appointment to, acceptance of, and service in that Office shall in no way affect the status, rank, and grade which he shall hold as an officer on the retired list of the United States Air Force, or any emolument, perquisite, right, privilege, or benefit incident to or arising out of any such status, office, rank, or grade, except to the extent that subchapter IV of chapter 55 of title 5, United States Code, affects the amount of retired pay to which he is entitled by law during his service as Administrator. So long as he serves as Administrator, General Richards shall receive the compensation of that Office at the rate which would be applicable if he were not an officer on the retired list of the United States Air Force, shall retain the status, rank, and grade which he now holds as an officer on the retired list of the United States Air Force, shall retain all emoluments, perquisites, rights, privileges, and benefits incident to or arising out of such status, office, rank, or grade, and shall in addition continue to receive the retired pay to which he is entitled by law, subject to the provisions of subchapter IV of chapter 55 of title 5, United States Code.
“
“
Prior provisions authorizing the appointment of a retired military officer as Administrator were contained in the following acts:
Pub. L. 102–223, Dec. 11, 1991, 105 Stat. 1678.
Pub. L. 101–47, June 30, 1989, 103 Stat. 134.
Pub. L. 98–256, Apr. 10, 1984, 98 Stat. 125.
Pub. L. 89–46, June 22, 1965, 79 Stat. 171.
Ex. Ord. No. 13180. Air Traffic Performance-Based Organization
Ex. Ord. No. 13180, Dec. 7, 2000, 65 F.R. 77493, as amended by Ex. Ord. No. 13264, June 4, 2002, 67 F.R. 39243, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to further improve the provision of air traffic services in ways that increase efficiency, take better advantage of new technologies, accelerate modernization efforts, and respond more effectively to the needs of the traveling public, while enhancing the safety, security, and efficiency of the Nation's air transportation system, it is hereby ordered as follows:
(b) The ATO shall be composed of those elements of the FAA's Air Traffic Services and Research and Acquisition organizations that have direct connection and give support to the provision of day-to-day operational air traffic services, as determined by the Administrator of the Federal Aviation Administration (Administrator). The Administrator may delegate responsibility for any operational activity of the air traffic control system to the head of the ATO. The Administrator's responsibility for general safety, security, and policymaking functions for the National Airspace System is unaffected by this order.
(c) The Chief Operating Officer (COO) of the Air Traffic Control System, established by the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (Air-21) (Public Law 106–181) [see Short Title of 2000 Amendments note set out under section 40101 of this title], shall head the ATO and shall report directly to the Administrator and be subject to the authority of the Administrator. The COO, in consultation with the Air Traffic Control Subcommittee of the Aviation Management Advisory Committee, shall enter into an annual performance agreement with the Administrator that sets forth measurable organization and individual goals in key operational areas and describes specific targets and how such goals will be achieved. The COO may receive an annual bonus not to exceed 30 percent of the annual rate of basic pay, based upon the Administrator's evaluation of the COO's performance in relation to the targets and goals described above.
(d) The COO shall develop a 5-year strategic plan for the air traffic control system, including a clear statement of the mission and objectives for the system's safety, efficiency, and productivity. This strategic plan must ensure that ATO actions are consistent with long-term FAA strategies for the aviation system as a whole.
(e) The COO shall also enter into a framework agreement with the Administrator that will establish the relationship of the ATO with the other organizations of the FAA.
(a) optimize use of existing management flexibilities and authorities to improve the efficiency of air traffic services and increase the capacity of the system;
(b) develop methods to accelerate air traffic control modernization and to improve aviation safety related to air traffic control;
(c) develop agreements with the Administrator of the FAA and users of the products, services, and capabilities it will provide;
(d) operate in accordance with safety performance standards developed by the FAA and rapidly respond to FAA safety and security oversight findings;
(e) consult with its customers, the traveling public, including direct users such as airlines, cargo carriers, manufacturers, airports, general aviation, and commercial space transportation providers, and focus on producing results that satisfy the FAA's external customer needs;
(f) consult with appropriate Federal, State, and local public agencies, including the Department of Defense and the National Aeronautics and Space Administration, to determine the best practices for meeting the diverse needs throughout the National Airspace System;
(g) establish strong incentives to managers for achieving results; and
(h) formulate and recommend to the Administrator any management, fiscal, or legislative changes necessary for the organization to achieve its performance goals.
Definitions for Title II of Pub. L. 104–264
Section 202 of title II of Pub. L. 104–264 provided that: “In this title [see Effective Date of 1996 Amendment note set out above], the following definitions apply:
“(1)
“(2)
“(3)
1 See References in Text note below.
§107. Federal Transit Administration
(a) The Federal Transit Administration is an administration in the Department of Transportation.
(b) The head of the Administration is the Administrator who is appointed by the President, by and with the advice and consent of the Senate. The Administrator reports directly to the Secretary of Transportation.
(c) The Administrator shall carry out duties and powers prescribed by the Secretary.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2417; Pub. L. 102–240, title III, §3004(c)(1), (2), Dec. 18, 1991, 105 Stat. 2088.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 107 | 49:1608 (note). | Reorg. Plan No. 2 of 1968, eff. July 1, 1968, §3, 82 Stat. 1369. |
In subsection (b), the words “and shall be compensated at the rate now or hereafter provided for Level III of the Executive Schedule Pay Rates (5 U.S.C. 5314)” are omitted as surplus because of 5:5314.
Amendments
1991—Pub. L. 102–240 substituted “Federal Transit Administration” for “Urban Mass Transportation Administration” in section catchline and subsec. (a).
Change of Name
Section 3004(a), (b) of Pub. L. 102–240 provided that:
“(a)
“(b)
§108. Pipeline and Hazardous Materials Safety Administration
(a)
(b)
(c)
(d)
(e)
(f)
(1) duties and powers related to pipeline and hazardous materials transportation and safety vested in the Secretary by chapters 51, 57, 61, 601, and 603; and
(2) other duties and powers prescribed by the Secretary.
(g)
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2417; Pub. L. 103–272, §4(j)(4), July 5, 1994, 108 Stat. 1365; Pub. L. 108–426, §2(a), Nov. 30, 2004, 118 Stat. 2423.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 108(a) | 49:1655(b)(1), (2). | Oct. 15, 1966, Pub. L. 89–670, §§3(e)(3) (related to USCG), 6(b)(1), (2), 80 Stat. 932, 938. |
| 108(b) | 49:1652(e)(3) (related to USCG). |
Subsection (a) reflects the transfer of the Coast Guard to the Department of Transportation as provided by the source provisions and 14:1. The words “Except when operating as a service of the Navy” are substituted for 49:1655(b)(2) because of 14:3. The words “The Secretary of Transportation exercises . . . vested in the Secretary of the Treasury . . . immediately before April 1, 1967” are substituted for “and there are hereby transferred to and vested in the Secretary . . . of the Secretary of the Treasury” to reflect the transfer of duties and powers to the Secretary of Transportation on April 1, 1967, the effective date of the Department of Transportation Act (Pub. L. 89–670, 80 Stat. 931).
In subsection (b), the first sentence is included to provide the name of the officer in charge of the Coast Guard, as reflected in 14:44. In the 2d sentence, the words “carrying out the duties and powers specified by law” are substituted for “such functions, powers, and duties as are specified in this chapter to be carried out”, and the words “carry out duties and powers prescribed” are substituted for “carry out such additional functions, powers, and duties as”, for consistency.
Pub. L. 103–272
Section 4(j)(4) amends 49:108(a) to reflect the intent of 49 App.:1655(b)(2), on which 49:108(a) was based.
Amendments
2004—Pub. L. 108–426 amended section catchline and text generally, substituting provisions relating to Pipeline and Hazardous Materials Safety Administration for provisions relating to Coast Guard.
1994—Subsec. (a). Pub. L. 103–272 designated existing provisions as par. (1), substituted “The Coast Guard” for “Except when operating as a service in the Navy, the Coast Guard”, and added par. (2).
Savings Provisions
Pub. L. 108–426, §5, Nov. 30, 2004, 118 Stat. 2426, provided that:
“(a)
“(b)
“(1) that have been issued, made, granted, or allowed to become effective by any officer or employee, or any other Government official, or by a court of competent jurisdiction, in the performance of any function that is transferred by this Act; and
“(2) that are in effect on the effective date of such transfer (or become effective after such date pursuant to their terms as in effect on such effective date),
shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the Department, any other authorized official, a court of competent jurisdiction, or operation of law.
“(c)
“(d)
“(1)
“(2)
“(3)
“(e)
“(f)
“(g)
“(h)
Transfer of Duties and Powers of Research and Special Programs Administration
Pub. L. 108–426, §2(b), Nov. 30, 2004, 118 Stat. 2424, provided that: “The authority of the Research and Special Programs Administration exercised under chapters 51, 57, 61, 601, and 603 of title 49, United States Code, is transferred to the Administrator of the Pipeline and Hazardous Materials Safety Administration.”
For transfer of authority of the Research and Special Programs Administration, other than authority exercised under chapters 51, 57, 61, 601, and 603 of this title, to the Administrator of the Research and Innovative Technology Administration, see section 4(b) of Pub. L. 108–426, set out as a note under section 112 of this title.
Pub. L. 108–426, §7, Nov. 30, 2004, 118 Stat. 2428, provided that: “The Secretary shall provide for the orderly transfer of duties and powers under this Act [see Short Title of 2004 Amendment note set out under section 101 of this title], including the amendments made by this Act, as soon as practicable but not later than 90 days after the date of enactment of this Act [Nov. 30, 2004].”
Reports
Pub. L. 108–426, §6, Nov. 30, 2004, 118 Stat. 2428, provided that:
“(a)
“(1) A list of each statutory mandate regarding pipeline safety or hazardous materials safety that has not been implemented.
“(2) A list of each open safety recommendation made by the National Transportation Safety Board or the Inspector General regarding pipeline safety or hazardous materials safety.
“(b)
“(1)
“(2) NTSB
§109. Maritime Administration
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(1)
(A) carry out the Secretary's duties and powers under this section and subtitle V of title 46; and
(B) protect, preserve, and improve collateral held by the Secretary to secure indebtedness.
(2)
(i)
(1)
(2)
(A) acquisition, construction, or reconstruction of vessels;
(B) construction-differential subsidies incident to the construction, reconstruction, or reconditioning of vessels;
(C) costs of national defense features;
(D) payments of obligations incurred for operating-differential subsidies;
(E) expenses necessary for research and development activities, including reimbursement of the Vessel Operations Revolving Fund for losses resulting from expenses of experimental vessel operations;
(F) the Vessel Operations Revolving Fund;
(G) National Defense Reserve Fleet expenses;
(H) expenses necessary to carry out part B of subtitle V of title 46; and
(I) other operations and training expenses related to the development of waterborne transportation systems, the use of waterborne transportation systems, and general administration.
(3)
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2417; Pub. L. 103–272, §5(m)(5), July 5, 1994, 108 Stat. 1375; Pub. L. 109–304, §12, Oct. 6, 2006, 120 Stat. 1698.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 109 | (no source). |
The section is included to provide in chapter 1 of the revised title a complete list of the organizational units established by law that are in the Department of Transportation or are subject to the direction and supervision of the Secretary of Transportation.
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 109(a) | 46 App.:1111 note. | Reorg. Plan No. 21 of 1950, eff. May 24, 1950, §201, 64 Stat. 1276. |
| 46 App.:1601. | Pub. L. 97–31, §2, Aug. 6, 1981, 95 Stat. 151. | |
| 109(b) | 46 App.:1111 note. | Reorg. Plan No. 7 of 1961, eff. Aug. 12, 1961, §201, 75 Stat. 842; Pub. L. 88–426, title III, §305(19)(B), Aug. 14, 1964, 78 Stat. 425; Pub. L. 91–469, §38(a), Oct. 21, 1970, 84 Stat. 1036. |
| 46 App.:1603. | Pub. L. 97–31, §4, Aug. 6, 1981, 95 Stat. 151. | |
| 109(c) | 46 App.:1111 note. | Reorg. Plan No. 21 of 1950, eff. May 24, 1950, §203, 64 Stat. 1276. |
| 109(d) | 46 App.:1111 note. | Reorg. Plan No. 21 of 1950, eff. May 24, 1950, §204, 64 Stat. 1276. |
| 46 App.:1602. | Pub. L. 97–31, §3, Aug. 6, 1981, 95 Stat. 151. | |
| 109(e) | 46 App.:1213(b). | June 29, 1936, ch. 858, title VIII, §809(b), as added Pub. L. 94–10, §3, Mar. 23, 1975, 89 Stat. 16; Pub. L. 97–31, §12(121), Aug. 6, 1981, 95 Stat. 164. |
| 109(f) | 46 App.:1122(d). | June 29, 1936, ch. 858, title II, §212(d), 49 Stat. 1990; Pub. L. 97–31, §12(69), Aug. 6, 1981, 95 Stat. 159. |
| 109(g) | 46 App.:1111(f) (2d sentence related to Secretary). | June 29, 1936, ch. 858, title II, §201(f) (2d sentence related to Secretary), 49 Stat. 1986; Aug. 4, 1939, ch. 417, §4, 53 Stat. 1182; Pub. L. 97–31, §12(58)(D), Aug. 6, 1981, 95 Stat. 158. |
| 109(h) | 46 App.:1117 (related to Secretary). | June 29, 1936, ch. 858, title II, §207 (related to Secretary), 49 Stat. 1988; June 23, 1938, ch. 600, §2, 52 Stat. 954; Pub. L. 97–31, §12(64), Aug. 6, 1981, 95 Stat. 159; Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814. |
| 109(i)(1) | 46 App.:1119(a). | June 29, 1936, ch. 858, title II, §209, 49 Stat. 1988; Aug. 26, 1937, ch. 822, §3, 50 Stat. 839; Pub. L. 90–81, Sept. 5, 1967, 81 Stat. 193; Pub. L. 91–469, §2, Oct. 21, 1970, 84 Stat. 1018; Pub. L. 95–173, Nov. 12, 1977, §6(a), 91 Stat. 1360; Pub. L. 96–387, §4, Oct. 7, 1980, 94 Stat. 1546; Pub. L. 96–453, §3(a), Oct. 15, 1980, 94 Stat. 2008; Pub. L. 97–31, §12(66), Aug. 6, 1981, 95 Stat. 159. |
| 109(i)(2) | 46 App.:1119(b). | |
| 109(i)(3) | 46 App.:1295c–1. | Pub. L. 100–202, §101(a) [title V (4th proviso on p. 1329–28)], Dec. 22, 1987, 101 Stat. 1329, 1329–28. |
In subsection (b), the words “The Assistant Secretary of Commerce for Maritime Affairs shall, ex officio, be the Administrator” in section 201 of Reorganization Plan No. 7 of 1961 are omitted as superseded by 46 App. U.S.C. 1601 and 1603. The words “and who shall be compensated at the rate provided for level III of the Executive Schedule” in 46 App. U.S.C. 1603 are omitted as unnecessary because of 5 U.S.C. 5314.
In subsection (c), the word “Secretary” means the “Secretary of Transportation” because under 46 App. U.S.C. 1602 all functions, powers, and duties relating to the Maritime Administration were transferred from the Secretary of Commerce to the Secretary of Transportation. The words “in the competitive service” are substituted for “under the classified civil service” because of 5 U.S.C. 2102(c). The words “Provided, That such Deputy Administrator shall at no time sit as a member or acting member of the Federal Maritime Board” are omitted as obsolete because the Federal Maritime Board was abolished by section 304 of Reorganization Plan No. 7 of 1961 (46 App. U.S.C. 1111 note).
In subsection (f), the words “vessels of the United States” are substituted for “vessels of United States registry” because of the definition of “vessel of the United States” in chapter 1 of the revised title.
In subsection (g), the words “equal to the amount that would be paid to an individual performing work the Secretary considers to be of similar importance, difficulty, and responsibility” are substituted for “equal to the pay and allowances he would receive if he were the incumbent of an office or position in such service (or in the corresponding executive department), which, in the opinion of . . . the Secretary of Transportation, involves the performance of work similar in importance, difficulty, and responsibility” to eliminate unnecessary words.
In subsection (h)(2), the words “according to approved commercial practice as provided in the Act of March 20, 1922 (42 Stat. 444)” are omitted as obsolete and unnecessary.
In subsection (i)(2), the words “Notwithstanding any other provision of this chapter or any other law” are omitted as unnecessary. In clause (G), the words “National Defense Reserve Fleet” are substituted for “reserve fleet” for clarity. Clause (H) is substituted for “(7) maritime training at the Merchant Marine Academy at Kings Point, New York”, “(8) financial assistance to State maritime academies under section 1295c of this Appendix”, “(10) expenses necessary for additional training provided under section 1295d of this Appendix”, and “(10) expenses necessary to carry out subchapter XIII of this chapter” because of the reorganization of revised title 46 and to eliminate unnecessary words. The text of 46 App. U.S.C. 1119 (proviso) is omitted as obsolete.
Amendments
2006—Pub. L. 109–304 amended section generally. Prior to amendment, section read as follows:
“(a) The Maritime Administration transferred by section 2 of the Maritime Act of 1981 (46 App. U.S.C. 1601) is an administration in the Department of Transportation.
“(b) The Administrator of the Administration appointed under section 4 of the Maritime Act of 1981 (46 App. U.S.C. 1603) reports directly to the Secretary of Transportation.”
1994—Pub. L. 103–272 inserted “App.” after “(46” in subsecs. (a) and (b).
References in Other Federal Laws to Functions or Offices Transferred
Pub. L. 97–31, §10, Aug. 6, 1981, 95 Stat. 153, provided that: “With respect to any function or office transferred by this Act [see Tables for classification] and exercised on or after the effective date of this Act [Aug. 6, 1981], reference in any other Federal law to the Maritime Administration or any of its predecessor agencies or any officer or office the functions of which are so transferred shall be deemed to refer to the Secretary of Transportation, other official, or component of the Department of Transportation to which this Act transfers such functions.”
§110. Saint Lawrence Seaway Development Corporation
(a) The Saint Lawrence Seaway Development Corporation established under section 1 of the Act of May 13, 1954 (33 U.S.C. 981), is subject to the direction and supervision of the Secretary of Transportation.
(b) The Administrator of the Corporation appointed under section 2 of the Act of May 13, 1954 (33 U.S.C. 982), reports directly to the Secretary.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2418; Pub. L. 103–272, §4(j)(5)(A), July 5, 1994, 108 Stat. 1366.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 110(a) | (no source). | |
| 110(b) | 33:981 (note). | Oct. 15, 1966, Pub. L. 89–670, §8(g)(2), 80 Stat. 943. |
Subsection (a) is included to provide in chapter 1 of the revised title a complete list of the organizational units established by law that are in the Department of Transportation or are subject to the direction and supervision of the Secretary of Transportation.
Amendments
1994—Subsec. (a). Pub. L. 103–272 substituted “Saint Lawrence” for “St. Lawrence”.
§111. Bureau of Transportation Statistics
(a)
(b)
(1)
(2)
(c)
(1)
(2)
(3)
(4)
(5)
(A) productivity in various parts of the transportation sector;
(B) traffic flows for all modes of transportation;
(C) other elements of the intermodal transportation database established under subsection (e);
(D) travel times and measures of congestion;
(E) vehicle weights and other vehicle characteristics;
(F) demographic, economic, and other variables influencing traveling behavior, including choice of transportation mode and goods movement;
(G) transportation costs for passenger travel and goods movement;
(H) availability and use of mass transit (including the number of passengers served by each mass transit authority) and other forms of for-hire passenger travel;
(I) frequency of vehicle and transportation facility repairs and other interruptions of transportation service;
(J) safety and security for travelers, vehicles, and transportation systems;
(K) consequences of transportation for the human and natural environment;
(L) the extent, connectivity, and condition of the transportation system, building on the national transportation atlas database developed under subsection (g); and
(M) transportation-related variables that influence the domestic economy and global competitiveness.
(6)
(7)
(8)
(9)
(d)
(1)
(2)
(A) identify, in order of priority, the transportation data that is not being collected by the Bureau, operating administrations of the Department, or other Federal, State, or local entities, but is needed to improve transportation decisionmaking at the Federal, State, and local levels and to fulfill the requirements of subsection (c)(5);
(B) recommend whether the data identified in subparagraph (A) should be collected by the Bureau, other parts of the Department, or by other Federal, State, or local entities, and whether any data is of a higher priority than data currently being collected;
(C) identify any data the Bureau or other Federal, State, or local entity is collecting that is not needed;
(D) describe new data collection methods (including changes in surveys) and other changes the Bureau or other Federal, State, or local entity should implement to improve the standardization, accuracy, and utility of transportation data and statistics; and
(E) estimate the cost of implementing any recommendations.
(3)
(4)
(A) how the Department plans to fill the data gaps identified under paragraph (2)(A);
(B) how the Department plans to stop collecting data identified under paragraph (2)(C);
(C) how the Department plans to implement improved data collection methods and other changes identified under paragraph (2)(D);
(D) the expected costs of implementing subparagraphs (A), (B), and (C) of this paragraph;
(E) any findings of the assessment under paragraph (1) with which the Secretary disagrees, and why; and
(F) any proposed statutory changes needed to implement the findings of the assessment under paragraph (1).
(e)
(1)
(2)
(3)
(A) information on the volumes and patterns of movement of goods, including local, interregional, and international movement, by all modes of transportation and intermodal combinations and by relevant classification;
(B) information on the volumes and patterns of movement of people, including local, interregional, and international movements, by all modes of transportation (including bicycle and pedestrian modes) and intermodal combinations and by relevant classification;
(C) information on the location and connectivity of transportation facilities and services; and
(D) a national accounting of expenditures and capital stocks on each mode of transportation and intermodal combination.
(f)
(1)
(2)
(3)
(g)
(1)
(A) transportation networks;
(B) flows of people, goods, vehicles, and craft over the networks; and
(C) social, economic, and environmental conditions that affect or are affected by the networks.
(2)
(h)
(i)
(1) investigation of the subjects specified in subsection (c)(5) and research and development of new methods of data collection, standardization, management, integration, dissemination, interpretation, and analysis;
(2) demonstration programs by States, local governments, and metropolitan planning organizations to coordinate data collection, reporting, management, storage, and archiving to simplify data comparisons across jurisdictions;
(3) development of electronic clearinghouses of transportation data and related information, as part of the National Transportation Library under subsection (f); and
(4) development and improvement of methods for sharing geographic data, in support of the database under subsection (g) and the National Spatial Data Infrastructure.
(j)
(1) to authorize the Bureau to require any other department or agency to collect data; or
(2) to reduce the authority of any other officer of the Department to collect and disseminate data independently.
(k)
(1)
(A) make any disclosure in which the data provided by an individual or organization under subsection (c) can be identified;
(B) use the information provided under subsection (c) for a nonstatistical purpose; or
(C) permit anyone other than an individual authorized by the Director to examine any individual report provided under subsection (c).
(2)
(A)
(B)
(i) shall be immune from legal process; and
(ii) shall not, without the consent of the individual concerned, be admitted as evidence or used for any purpose in any action, suit, or other judicial or administrative proceedings.
(C)
(3)
(l)
(m)
(1) the disclosure of which to another Federal agency is expressly prohibited by law; or
(2) the disclosure of which the agency possessing the information determines would significantly impair the discharge of authorities and responsibilities which have been delegated to, or vested by law, in such agency.
(n)
(o)
(1)
(2)
(A) advise the Director on the quality, reliability, consistency, objectivity, and relevance of transportation statistics and analyses collected, supported, or disseminated by the Bureau and the Department;
(B) provide input to and review the report to Congress under subsection (d)(4); and
(C) advise the Director on methods to encourage cooperation and interoperability of transportation data collected by the Bureau, the operating administrations of the Department, States, local governments, metropolitan planning organizations, and private sector entities.
(3)
(4)
(A)
(B)
(5)
(Added Pub. L. 102–240, title VI, §6006(a), Dec. 18, 1991, 105 Stat. 2172; amended Pub. L. 104–287, §5(2), Oct. 11, 1996, 110 Stat. 3389; Pub. L. 104–324, title XI, §1131, Oct. 19, 1996, 110 Stat. 3985; Pub. L. 105–130, §4(b)(1), Dec. 1, 1997, 111 Stat. 2556; Pub. L. 105–178, title V, §5109(a), June 9, 1998, 112 Stat. 437; Pub. L. 108–426, §3(a), (b), Nov. 30, 2004, 118 Stat. 2424, 2425; Pub. L. 109–59, title V, §5601(a), Aug. 10, 2005, 119 Stat. 1833.)
References in Text
Executive Order No. 12906, referred to in subsec. (c)(6), is set out as a note under section 1457 of Title 43, Public Lands.
The Government Performance and Results Act of 1993, referred to in subsec. (c)(8), is Pub. L. 103–62, Aug. 3, 1993, 107 Stat. 285, as amended, which enacted sections 1115 to 1119, 9703, and 9704 of Title 31, Money and Finance, section 306 of Title 5, Government Organization and Employees, and sections 2801 to 2805 of Title 39, Postal Service, amended section 1105 of Title 31, and enacted provisions set out as notes under sections 1101 and 1115 of Title 31. For complete classification of this Act to the Code, see Short Title of 1993 Amendment note set out under section 1101 of Title 31 and Tables.
The date of enactment of the SAFETEA–LU, referred to in subsecs. (d)(1) and (o)(4)(B), is the date of enactment of Pub. L. 109–59, which was approved Aug. 10, 2005.
The Federal Advisory Committee Act, referred to in subsec. (o)(5), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees.
Amendments
2005—Pub. L. 109–59 reenacted section catchline without change and amended text generally, adding subsecs. (d), (h), (m), and (o) and substituting subsecs. (a) to (c), (e) to (g), (i) to (l), and (n) for former text consisting of subsecs. (a) to (k) which contained somewhat similar provisions.
2004—Subsec. (a). Pub. L. 108–426, §3(a), substituted “in the Research and Innovative Technology Administration” for “in the Department of Transportation”.
Subsec. (b)(1). Pub. L. 108–426, §3(b)(1), added par. (1) and struck out heading and text of former par. (1). Text read as follows: “The Bureau shall be headed by a Director who shall be appointed by the President, by and with the advice and consent of the Senate.”
Subsec. (b)(3), (4). Pub. L. 108–426, §3(b)(2), struck out heading and text of pars. (3) and (4) which read as follows:
“(3)
“(4)
1998—Subsec. (b)(4). Pub. L. 105–178, §5109(a)(1), struck out after first sentence “The term of the first Director to be appointed shall begin on the 180th day after December 18, 1991.”
Subsec. (c)(1)(L). Pub. L. 105–178, §5109(a)(2)(A), added subpar. (L).
Subsec. (c)(2). Pub. L. 105–178, §5109(a)(2)(B)(i), substituted “transportation systems of the United States” for “national transportation system” in introductory provisions.
Subsec. (c)(2)(A). Pub. L. 105–178, §5109(a)(2)(B)(ii), added subpar. (A) and struck out former subpar. (A) which read as follows: “be coordinated with efforts to develop performance indicators for the national transportation system undertaken pursuant to section 307(b)(3) of title 23, United States Code;”.
Subsec. (c)(2)(C). Pub. L. 105–178, §5109(a)(2)(B)(iii), inserted “, made relevant to the States and metropolitan planning organizations,” after “accuracy”.
Subsec. (c)(3). Pub. L. 105–178, §5109(a)(2)(C), inserted at end “The Bureau shall review and report to the Secretary of Transportation on the sources and reliability of the statistics proposed by the heads of the operating administrations of the Department to measure outputs and outcomes as required by the Government Performance and Results Act of 1993, and the amendments made by such Act, and shall carry out such other reviews of the sources and reliability of other data collected by the heads of the operating administrations of the Department as shall be requested by the Secretary.”
Subsec. (c)(7). Pub. L. 105–178, §5109(a)(2)(D), added par. (7).
Subsecs. (d) to (f). Pub. L. 105–178, §5109(a)(5), added subsecs. (d) to (f). Former subsecs. (d) to (f) redesignated (h) to (j), respectively.
Subsec. (g). Pub. L. 105–178, §5109(a)(4), (5), added subsec. (g) and struck out heading and text of former subsec. (g). Text read as follows: “An individual who, on December 18, 1991, is performing any function required by this section to be performed by the Director may continue to perform such function until such function is undertaken by the Director.”
Subsec. (h). Pub. L. 105–178, §5109(a)(3), redesignated subsec. (d) as (h).
Subsec. (i). Pub. L. 105–178, §5109(a)(6), added subsec. (i) and struck out heading and text of former subsec. (i). Text read as follows: “Information compiled by the Bureau shall not be disclosed publicly in a manner that would reveal the personal identity of any individual, consistent with the Privacy Act of 1974 (5 U.S.C. 552a), or to reveal trade secrets or allow commercial or financial information provided by any person to be identified with such person.”
Pub. L. 105–178, §5109(a)(3), redesignated subsec. (e) as (i).
Subsec. (j). Pub. L. 105–178, §5109(a)(7), substituted “The Director” for “On or before January 1, 1994, and annually thereafter, the Director”.
Pub. L. 105–178, §5109(a)(3), redesignated subsec. (f) as (j).
Subsec. (k). Pub. L. 105–178, §5109(a)(8), added subsec. (k).
1997—Pub. L. 105–130 made technical amendment to directory language of Pub. L. 102–240, §6006(a), which enacted this section.
1996—Subsec. (b)(4). Pub. L. 104–324 inserted at end “The Director may continue to serve after the expiration of the term until a successor is appointed and confirmed.”
Pub. L. 104–287 substituted “December 18, 1991” for “the date of the enactment of this section”.
Subsec. (g). Pub. L. 104–287 substituted “December 18, 1991” for “the date of the enactment of this section”.
Office of Airline Information
Pub. L. 106–181, title I, §103(b), Apr. 5, 2000, 114 Stat. 67, provided that: “There is authorized to be appropriated from the Airport and Airway Trust Fund to the Secretary [of Transportation] $4,000,000 for fiscal years beginning after September 30, 2000, to fund the activities of the Office of Airline Information in the Bureau of Transportation Statistics of the Department of Transportation.”
International Trade Traffic
Pub. L. 105–178, title V, §5115, June 9, 1998, 112 Stat. 446, as amended by Pub. L. 105–206, title IX, §9011(e), July 22, 1998, 112 Stat. 864, provided that:
“(a)
“(1) to measure the ton-miles and value-miles of international trade traffic carried by highway for each State;
“(2) to evaluate the accuracy and reliability of such measures for use in the formula for highway apportionments;
“(3) to evaluate the accuracy and reliability of the use of diesel fuel data as a measure of international trade traffic by State; and
“(4) to identify needed improvements in long-term data collection programs to provide accurate and reliable measures of international traffic for use in the formula for highway apportionments.
“(b)
“(c)
Advisory Council on Transportation Statistics
Section 6007 of Pub. L. 102–240 provided that:
“(a)
“(b)
“(c)
“(d)
Study of Data Collection Procedures and Capabilities of Department of Transportation
Section 6008 of Pub. L. 102–240 provided that:
“(a)
“(b)
“(c)
“(1) Data collection procedures and capabilities.
“(2) Data analysis procedures and capabilities.
“(3) Ability of data bases to integrate with one another.
“(4) Computer hardware and software capabilities.
“(5) Information management systems, including the ability of information management systems to integrate with one another.
“(6) Availability and training of the personnel of the Department.
“(7) Budgetary needs and resources of the Department for data collection.
“(d)
1 So in original. Probably should not be capitalized.
§112. Research and Innovative Technology Administration
(a)
(b)
(1)
(2)
(c)
(d)
(1) powers and duties prescribed by the Secretary for—
(A) coordination, facilitation, and review of the Department's research and development programs and activities;
(B) advancement, and research and development, of innovative technologies, including intelligent transportation systems;
(C) comprehensive transportation statistics research, analysis, and reporting;
(D) education and training in transportation and transportation-related fields; and
(E) activities of the Volpe National Transportation Center; and
(2) other powers and duties prescribed by the Secretary.
(e)
(1) to conduct research into transportation service and infrastructure assurance; and
(2) to carry out other research activities of the Administration.
(Added Pub. L. 102–508, title IV, §401(a), Oct. 24, 1992, 106 Stat. 3310; amended Pub. L. 103–429, §6(1), Oct. 31, 1994, 108 Stat. 4378; Pub. L. 108–426, §4(a), Nov. 30, 2004, 118 Stat. 2425; Pub. L. 109–59, title VII, §7301, Aug. 10, 2005, 119 Stat. 1914.)
Amendments
2005—Subsec. (e). Pub. L. 109–59 added subsec. (e).
2004—Pub. L. 108–426, §4(a)(1), substituted “Research and Innovative Technology Administration” for “Research and Special Programs Administration” in section catchline.
Subsec. (a). Pub. L. 108–426, §4(a)(2), added subsec. (a) and struck out heading and text of former subsec. (a). Text read as follows: “There is established in the Department of Transportation a Research and Special Programs Administration.”
Subsec. (d). Pub. L. 108–426, §4(a)(3), added subsec. (d) and struck out heading and text of former subsec. (d) which related to the responsibilities of the Administrator of the Research and Special Programs Administration.
Subsec. (e). Pub. L. 108–426, §4(a)(4), struck out heading and text of subsec. (e). Text read as follows: “Nothing in this section shall affect any delegation of authority, regulation, order, approval, exemption, waiver, contract, or other administrative act of the Secretary with respect to laws administered through the Research and Special Programs Administration of the Department of Transportation on October 24, 1992.”
1994—Subsec. (e). Pub. L. 103–429 substituted “October 24, 1992” for “the date of the enactment of this section”.
National Highway Traffic Safety Administration Programs Administered by Secretary of Transportation
Pub. L. 108–426, §4(b), Nov. 30, 2004, 118 Stat. 2425, provided that:
“(1)
“(2)
Transfer of Duties and Powers of Research and Special Programs Administration
Pub. L. 108–426, §4(d), Nov. 30, 2004, 118 Stat. 2426, provided that: “The authority of the Research and Special Programs Administration, other than authority exercised under chapters 51, 57, 61, 601, and 603 of title 49, United States Code, is transferred to the Administrator of the Research and Innovative Technology Administration.”
For transfer of authority of the Research and Special Programs Administration exercised under chapters 51, 57, 61, 601, and 603 of this title to the Administrator of the Pipeline and Hazardous Materials Safety Administration, see section 2(b) of Pub. L. 108–426, set out as a note under section 108 of this title.
Development of Underground Utility Location Technologies
Section 306 of Pub. L. 102–508 provided that:
“(a)
“(b)
§113. Federal Motor Carrier Safety Administration
(a)
(b)
(c)
(d)
(e)
(f)
(1) duties and powers related to motor carriers or motor carrier safety vested in the Secretary by chapters 5, 51, 55, 57, 59, 133 through 149, 311, 313, 315, and 317 and by section 18 of the Noise Control Act of 1972 (42 U.S.C. 4917; 86 Stat. 1249–1250); except as otherwise delegated by the Secretary to any agency of the Department of Transportation other than the Federal Highway Administration, as of October 8, 1999; and
(2) additional duties and powers prescribed by the Secretary.
(g)
(h)
(i)
(Added Pub. L. 106–159, title I, §101(a), Dec. 9, 1999, 113 Stat. 1750.)
Effective Date
Section effective Jan. 1, 2000, see section 107(a) of Pub. L. 106–159, set out as an Effective Date of 1999 Amendment note under section 104 of this title.
Findings
Pub. L. 106–159, §3, Dec. 9, 1999, 113 Stat. 1749, provided that: “Congress makes the following findings:
“(1) The current rate, number, and severity of crashes involving motor carriers in the United States are unacceptable.
“(2) The number of Federal and State commercial motor vehicle and operator inspections is insufficient and civil penalties for violators must be utilized to deter future violations.
“(3) The Department of Transportation is failing to meet statutorily mandated deadlines for completing rulemaking proceedings on motor carrier safety and, in some significant safety rulemaking proceedings, including driver hours-of-service regulations, extensive periods have elapsed without progress toward resolution or implementation.
“(4) Too few motor carriers undergo compliance reviews and the Department's data bases and information systems require substantial improvement to enhance the Department's ability to target inspection and enforcement resources toward the most serious safety problems and to improve States’ ability to keep dangerous drivers off the roads.
“(5) Additional safety inspectors and inspection facilities are needed in international border areas to ensure that commercial motor vehicles, drivers, and carriers comply with United States safety standards.
“(6) The Department should rigorously avoid conflicts of interest in federally funded research.
“(7) Meaningful measures to improve safety must be implemented expeditiously to prevent increases in motor carrier crashes, injuries, and fatalities.
“(8) Proper use of Federal resources is essential to the Department's ability to improve its research, rulemaking, oversight, and enforcement activities related to commercial motor vehicles, operators, and carriers.”
Purposes
Pub. L. 106–159, §4, Dec. 9, 1999, 113 Stat. 1749, provided that: “The purposes of this Act [see Tables for classification] are—
“(1) to improve the administration of the Federal motor carrier safety program and to establish a Federal Motor Carrier Safety Administration in the Department of Transportation; and
“(2) to reduce the number and severity of large-truck involved crashes through more commercial motor vehicle and operator inspections and motor carrier compliance reviews, stronger enforcement measures against violators, expedited completion of rulemaking proceedings, scientifically sound research, and effective commercial driver's license testing, recordkeeping and sanctions.”
Savings Provision
Pub. L. 106–159, title I, §106, Dec. 9, 1999, 113 Stat. 1756, provided that:
“(a)
“(b)
“(1) that have been issued, made, granted, or allowed to become effective by the Office, any officer or employee of the Office, or any other Government official, or by a court of competent jurisdiction, in the performance of any function that is transferred by this Act or the amendments made by this Act; and
“(2) that are in effect on the effective date of such transfer (or become effective after such date pursuant to their terms as in effect on such effective date),
shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the Administration, any other authorized official, a court of competent jurisdiction, or operation of law.
“(c)
“(1)
“(2)
“(3)
“(d)
“(1)
“(2)
“(3)
“(e)
“(f)
“(g)
§114. Transportation Security Administration
(a)
(b)
(1)
(2)
(A) be a citizen of the United States; and
(B) have experience in a field directly related to transportation or security.
(3)
(c)
(d)
(1) carrying out chapter 449, relating to civil aviation security, and related research and development activities; and
(2) security responsibilities over other modes of transportation that are exercised by the Department of Transportation.
(e)
(1) be responsible for day-to-day Federal security screening operations for passenger air transportation and intrastate air transportation under sections 44901 and 44935;
(2) develop standards for the hiring and retention of security screening personnel;
(3) train and test security screening personnel; and
(4) be responsible for hiring and training personnel to provide security screening at all airports in the United States where screening is required under section 44901, in consultation with the Secretary of Transportation and the heads of other appropriate Federal agencies and departments.
(f)
(1) receive, assess, and distribute intelligence information related to transportation security;
(2) assess threats to transportation;
(3) develop policies, strategies, and plans for dealing with threats to transportation security;
(4) make other plans related to transportation security, including coordinating countermeasures with appropriate departments, agencies, and instrumentalities of the United States Government;
(5) serve as the primary liaison for transportation security to the intelligence and law enforcement communities;
(6) on a day-to-day basis, manage and provide operational guidance to the field security resources of the Administration, including Federal Security Managers as provided by section 44933;
(7) enforce security-related regulations and requirements;
(8) identify and undertake research and development activities necessary to enhance transportation security;
(9) inspect, maintain, and test security facilities, equipment, and systems;
(10) ensure the adequacy of security measures for the transportation of cargo;
(11) oversee the implementation, and ensure the adequacy, of security measures at airports and other transportation facilities;
(12) require background checks for airport security screening personnel, individuals with access to secure areas of airports, and other transportation security personnel;
(13) work in conjunction with the Administrator of the Federal Aviation Administration with respect to any actions or activities that may affect aviation safety or air carrier operations;
(14) work with the International Civil Aviation Organization and appropriate aeronautic authorities of foreign governments under section 44907 to address security concerns on passenger flights by foreign air carriers in foreign air transportation; and
(15) carry out such other duties, and exercise such other powers, relating to transportation security as the Under Secretary considers appropriate, to the extent authorized by law.
(g)
(1)
(A) To coordinate domestic transportation, including aviation, rail, and other surface transportation, and maritime transportation (including port security).
(B) To coordinate and oversee the transportation-related responsibilities of other departments and agencies of the Federal Government other than the Department of Defense and the military departments.
(C) To coordinate and provide notice to other departments and agencies of the Federal Government, and appropriate agencies of State and local governments, including departments and agencies for transportation, law enforcement, and border control, about threats to transportation.
(D) To carry out such other duties, and exercise such other powers, relating to transportation during a national emergency as the Secretary shall prescribe.
(2)
(3)
(h)
(1) enter into memoranda of understanding with Federal agencies or other entities to share or otherwise cross-check as necessary data on individuals identified on Federal agency databases who may pose a risk to transportation or national security;
(2) establish procedures for notifying the Administrator of the Federal Aviation Administration, appropriate State and local law enforcement officials, and airport or airline security officers of the identity of individuals known to pose, or suspected of posing, a risk of air piracy or terrorism or a threat to airline or passenger safety;
(3) in consultation with other appropriate Federal agencies and air carriers, establish policies and procedures requiring air carriers—
(A) to use information from government agencies to identify individuals on passenger lists who may be a threat to civil aviation or national security; and
(B) if such an individual is identified, notify appropriate law enforcement agencies, prevent the individual from boarding an aircraft, or take other appropriate action with respect to that individual; and
(4) consider requiring passenger air carriers to share passenger lists with appropriate Federal agencies for the purpose of identifying individuals who may pose a threat to aviation safety or national security.
(i)
(j)
(1)
(A) to acquire (by purchase, lease, condemnation, or otherwise) such real property, or any interest therein, within and outside the continental United States, as the Under Secretary considers necessary;
(B) to acquire (by purchase, lease, condemnation, or otherwise) and to construct, repair, operate, and maintain such personal property (including office space and patents), or any interest therein, within and outside the continental United States, as the Under Secretary considers necessary;
(C) to lease to others such real and personal property and to provide by contract or otherwise for necessary facilities for the welfare of its employees and to acquire, maintain, and operate equipment for these facilities;
(D) to acquire services, including such personal services as the Secretary determines necessary, and to acquire (by purchase, lease, condemnation, or otherwise) and to construct, repair, operate, and maintain research and testing sites and facilities; and
(E) in cooperation with the Administrator of the Federal Aviation Administration, to utilize the research and development facilities of the Federal Aviation Administration.
(2)
(k)
(l)
(1)
(2)
(A)
(B)
(3)
(4)
(A)
(B)
(m)
(1)
(2)
(n)
(o)
(p)
(1)
(2)
(A) carry a firearm;
(B) make an arrest without a warrant for any offense against the United States committed in the presence of the officer, or for any felony cognizable under the laws of the United States if the officer has probable cause to believe that the person to be arrested has committed or is committing the felony; and
(C) seek and execute warrants for arrest or seizure of evidence issued under the authority of the United States upon probable cause that a violation has been committed.
(3)
(4)
(q)
(r)
(1)
(A) be an unwarranted invasion of personal privacy;
(B) reveal a trade secret or privileged or confidential commercial or financial information; or
(C) be detrimental to the security of transportation.
(2)
(3)
(s)
(1)
(A) a National Strategy for Transportation Security; and
(B) transportation modal security plans addressing security risks, including threats, vulnerabilities, and consequences, for aviation, railroad, ferry, highway, maritime, pipeline, public transportation, over-the-road bus, and other transportation infrastructure assets.
(2)
(3)
(A) An identification and evaluation of the transportation assets in the United States that, in the interests of national security and commerce, must be protected from attack or disruption by terrorist or other hostile forces, including modal security plans for aviation, bridge and tunnel, commuter rail and ferry, highway, maritime, pipeline, rail, mass transit, over-the-road bus, and other public transportation infrastructure assets that could be at risk of such an attack or disruption.
(B) The development of risk-based priorities, based on risk assessments conducted or received by the Secretary of Homeland Security (including assessments conducted under the Implementing Recommendations of the 9/11 Commission Act of 2007 1 across all transportation modes and realistic deadlines for addressing security needs associated with those assets referred to in subparagraph (A).
(C) The most appropriate, practical, and cost-effective means of defending those assets against threats to their security.
(D) A forward-looking strategic plan that sets forth the agreed upon roles and missions of Federal, State, regional, local, and tribal authorities and establishes mechanisms for encouraging cooperation and participation by private sector entities, including nonprofit employee labor organizations, in the implementation of such plan.
(E) A comprehensive delineation of prevention, response, and recovery responsibilities and issues regarding threatened and executed acts of terrorism within the United States and threatened and executed acts of terrorism outside the United States to the extent such acts affect United States transportation systems.
(F) A prioritization of research and development objectives that support transportation security needs, giving a higher priority to research and development directed toward protecting vital transportation assets. Transportation security research and development projects shall be based, to the extent practicable, on such prioritization. Nothing in the preceding sentence shall be construed to require the termination of any research or development project initiated by the Secretary of Homeland Security or the Secretary of Transportation before the date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007.
(G) A 3- and 10-year budget for Federal transportation security programs that will achieve the priorities of the National Strategy for Transportation Security.
(H) Methods for linking the individual transportation modal security plans and the programs contained therein, and a plan for addressing the security needs of intermodal transportation.
(I) Transportation modal security plans described in paragraph (1)(B), including operational recovery plans to expedite, to the maximum extent practicable, the return to operation of an adversely affected transportation system following a major terrorist attack on that system or other incident. These plans shall be coordinated with the resumption of trade protocols required under section 202 of the SAFE Port Act (6 U.S.C. 942) and the National Maritime Transportation Security Plan required under section 70103(a) of title 46.
(4)
(A)
(B)
(C)
(i)
(ii)
(I) Recommendations for improving and implementing the National Strategy for Transportation Security and the transportation modal and intermodal security plans that the Secretary of Homeland Security, in consultation with the Secretary of Transportation, considers appropriate.
(II) An accounting of all grants for transportation security, including grants and contracts for research and development, awarded by the Secretary of Homeland Security in the most recent fiscal year and a description of how such grants accomplished the goals of the National Strategy for Transportation Security.
(III) An accounting of all—
(aa) funds requested in the President's budget submitted pursuant to section 1105 of title 31 for the most recent fiscal year for transportation security, by mode;
(bb) personnel working on transportation security by mode, including the number of contractors; and
(cc) information on the turnover in the previous year among senior staff of the Department of Homeland Security, including component agencies, working on transportation security issues. Such information shall include the number of employees who have permanently left the office, agency, or area in which they worked, and the amount of time that they worked for the Department.
(iii)
(D)
(E)
(5)
(A)
(B)
(i) the current National Maritime Transportation Security Plan under section 70103 of title 46;
(ii) the report required by section 44938 of this title;
(iii) transportation modal security plans required under this section;
(iv) the transportation sector specific plan required under Homeland Security Presidential Directive–7; and
(v) any other transportation security plan or report that the Secretary of Homeland Security determines appropriate for inclusion.
(6)
(7)
(u) 2
(1)
(A)
(B)
(C)
(D)
(E)
(2)
(3)
(4)
(A) a description of how intelligence analysts within the Department of Homeland Security will coordinate their activities within the Department and with other Federal, State, and local agencies, and tribal governments, including coordination with existing modal information sharing centers and the center described in section 1410 of the Implementing Recommendations of the 9/11 Commission Act of 2007;
(B) the establishment of a point of contact, which may be a single point of contact within the Department of Homeland Security, for each mode of transportation for the sharing of transportation security information with public and private stakeholders, including an explanation and justification to the appropriate congressional committees if the point of contact established pursuant to this subparagraph differs from the agency within the Department that has the primary authority, or has been delegated such authority by the Secretary, to regulate the security of that transportation mode;
(C) a reasonable deadline by which the Plan will be implemented; and
(D) a description of resource needs for fulfilling the Plan.
(5)
(A) implemented in coordination, as appropriate, with the program manager for the information sharing environment established under section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485); and
(B) consistent with the establishment of the information sharing environment and any policies, guidelines, procedures, instructions, or standards established by the President or the program manager for the implementation and management of the information sharing environment.
(6)
(A)
(B)
(7)
(A)
(B)
(C)
(8)
(9)
(v)
(1)
(A)
(B)
(C)
(i) Paragraphs (2) through (5) do not apply to violations of regulations prescribed, and orders issued, by the Secretary of Homeland Security under a provision of this title—
(I) involving the transportation of personnel or shipments of materials by contractors where the Department of Defense has assumed control and responsibility;
(II) by a member of the armed forces of the United States when performing official duties; or
(III) by a civilian employee of the Department of Defense when performing official duties.
(ii) Violations described in subclause (I), (II), or (III) of clause (i) shall be subject to penalties as determined by the Secretary of Defense or the Secretary's designee.
(2)
(A)
(B)
(3)
(A)
(B)
(C)
(i) the amount in controversy is more than—
(I) $400,000, if the violation was committed by a person other than an individual or small business concern; or
(II) $50,000 if the violation was committed by an individual or small business concern;
(ii) the action is in rem or another action in rem based on the same violation has been brought; or
(iii) another action has been brought for an injunction based on the same violation.
(D)
(i) $400,000, if the violation was committed by a person other than an individual or small business concern; or
(ii) $50,000, if the violation was committed by an individual or small business concern.
(E)
(i) written notice of the proposed penalty; and
(ii) the opportunity to request a hearing on the proposed penalty, if the Secretary receives the request not later than 30 days after the date on which the person receives notice.
(4)
(A) The Secretary may compromise the amount of a civil penalty imposed under this subsection.
(B) The Government may deduct the amount of a civil penalty imposed or compromised under this subsection from amounts it owes the person liable for the penalty.
(5)
(6)
(A)
(i) the United States Postal Service; or
(ii) the Department of Defense.
(B)
(7)
(A)
(i) provide an annual summary to the public of all enforcement actions taken by the Secretary under this subsection; and
(ii) include in each such summary the docket number of each enforcement action, the type of alleged violation, the penalty or penalties proposed, and the final assessment amount of each penalty.
(B)
(C)
(D)
(w)
(1) railroad security—
(A) $488,000,000 for fiscal year 2008;
(B) $483,000,000 for fiscal year 2009;
(C) $508,000,000 for fiscal year 2010; and
(D) $508,000,000 for fiscal year 2011;
(2) over-the-road bus and trucking security—
(A) $14,000,000 for fiscal year 2008;
(B) $27,000,000 for fiscal year 2009;
(C) $27,000,000 for fiscal year 2010; and
(D) $27,000,000 for fiscal year 2011; and
(3) hazardous material and pipeline security—
(A) $12,000,000 for fiscal year 2008;
(B) $12,000,000 for fiscal year 2009; and
(C) $12,000,000 for fiscal year 2010.
(Added Pub. L. 107–71, title I, §101(a), Nov. 19, 2001, 115 Stat. 597; amended Pub. L. 107–296, title XVI, §1601(b), title XVII, §1707, Nov. 25, 2002, 116 Stat. 2312, 2318; Pub. L. 108–7, div. I, title III, §351(d), Feb. 20, 2003, 117 Stat. 420; Pub. L. 108–458, title IV, §4001(a), Dec. 17, 2004, 118 Stat. 3710; Pub. L. 110–53, title XII, §§1202, 1203(a), title XIII, §1302(a), title XV, §1503(a), Aug. 3, 2007, 121 Stat. 381, 383, 390, 425; Pub. L. 110–161, div. E, title V, §568(a), Dec. 26, 2007, 121 Stat. 2092.)
References in Text
The date of enactment of the Aviation and Transportation Security Act, referred to in subsec. (k), is the date of enactment of Pub. L. 107–71, which was approved Nov. 19, 2001.
The Inspector General Act of 1978, referred to in subsec. (o), is Pub. L. 95–452, Oct. 12, 1978, 92 Stat. 1101, which is set out in the Appendix to Title 5, Government Organization and Employees.
The Aviation and Transportation Security Act, referred to in subsec. (r)(1), is Pub. L. 107–71, Nov. 19, 2001, 115 Stat. 597. For complete classification of this Act to the Code, see Short Title of 2001 Amendment note set out under section 40101 of this title and Tables.
The Implementing Recommendations of the 9/11 Commission Act of 2007, referred to in subsec. (s)(3)(B), is Pub. L. 110–53, Aug. 3, 2007, 121 Stat. 266. Section 1410 of the Act is classified to section 1139 of Title 6, Domestic Security. For complete classification of this Act to the Code, see Short Title of 2007 Amendment note set out under section 101 of Title 6 and Tables.
The date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007 and the date of enactment of this subsection, referred to in subsecs. (s)(3)(F), (u)(6), (7)(C), and (v)(7)(D), is the date of enactment of Pub. L. 110–53, which was approved Aug. 3, 2007.
Amendments
2007—Subsecs. (o) to (s). Pub. L. 110–161 redesignated subsecs. (p) to (s) as (o) to (r), respectively, and struck out former subsec. (o). Text of former subsec. (o) read as follows: “The acquisition management system established by the Administrator of the Federal Aviation Administration under section 40110 shall apply to acquisitions of equipment, supplies, and materials by the Transportation Security Administration, or, subject to the requirements of such section, the Under Secretary may make such modifications to the acquisition management system with respect to such acquisitions of equipment, supplies, and materials as the Under Secretary considers appropriate, such as adopting aspects of other acquisition management systems of the Department of Transportation.”
Subsec. (t). Pub. L. 110–161 redesignated subsec. (t) as (s).
Subsec. (t)(1)(B). Pub. L. 110–53, §1202(a), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “transportation modal security plans.”
Subsec. (t)(3)(B). Pub. L. 110–53, §1202(b)(1), inserted “, based on risk assessments conducted or received by the Secretary of Homeland Security (including assessments conducted under the Implementing Recommendations of the 9/11 Commission Act of 2007” after “risk-based priorities”.
Subsec. (t)(3)(D). Pub. L. 110–53, §1202(b)(2), substituted “local, and tribal” for “and local” and “cooperation and participation by private sector entities, including nonprofit employee labor organizations,” for “private sector cooperation and participation”.
Subsec. (t)(3)(E). Pub. L. 110–53, §1202(b)(3), substituted “prevention, response, and recovery” for “response and recovery” and inserted “and threatened and executed acts of terrorism outside the United States to the extent such acts affect United States transportation systems” before period at end.
Subsec. (t)(3)(F). Pub. L. 110–53, §1202(b)(4), inserted at end “Transportation security research and development projects shall be based, to the extent practicable, on such prioritization. Nothing in the preceding sentence shall be construed to require the termination of any research or development project initiated by the Secretary of Homeland Security or the Secretary of Transportation before the date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007.”
Subsec. (t)(3)(G) to (I). Pub. L. 110–53, §1202(b)(5), added subpars. (G) to (I).
Subsec. (t)(4)(C)(i). Pub. L. 110–53, §1202(c)(1)(A), inserted “, including the transportation modal security plans” before period at end.
Subsec. (t)(4)(C)(ii), (iii). Pub. L. 110–53, §1202(c)(1)(B), added cls. (ii) and (iii) and struck out former cl. (ii). Text of former cl. (ii) read as follows: “Each progress report under this subparagraph shall include, at a minimum, recommendations for improving and implementing the National Strategy for Transportation Security and the transportation modal security plans that the Secretary, in consultation with the Secretary of Transportation, considers appropriate.”
Subsec. (t)(4)(E). Pub. L. 110–53, §1202(c)(2), added subpar. (E) and struck out former subpar. (E). Text of former subpar. (E) read as follows: “In this subsection, the term ‘appropriate congressional committees’ means the Committee on Transportation and Infrastructure and the Select Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate.”
Subsec. (t)(5)(B)(iv), (v). Pub. L. 110–53, §1202(d), added cl. (iv) and redesignated former cl. (iv) as (v).
Subsec. (t)(6), (7). Pub. L. 110–53, §1202(e), added pars. (6) and (7).
Subsec. (u). Pub. L. 110–53, §1203(a), added subsec. (u).
Subsec. (v). Pub. L. 110–53, §1302(a), added subsec. (v).
Subsec. (w). Pub. L. 110–53, §1503(a), added subsec. (w).
2004—Subsec. (t). Pub. L. 108–458 added subsec. (t).
2003—Subsec. (q)(1). Pub. L. 108–7 inserted “or other Federal agency” after “Transportation Security Administration”.
2002—Subsec. (l)(2)(B). Pub. L. 107–296, §1707, inserted “for a period not to exceed 90 days” after “effective” and “ratified or” before “disapproved”.
Subsec. (s). Pub. L. 107–296, §1601(b), added subsec. (s).
Effective Date of 2007 Amendment
Pub. L. 110–161, div. E, title V, §568(b), Dec. 26, 2007, 121 Stat. 2092, provided that: “The amendment made by subsection (a) [amending this section] shall take effect 180 days after the date of enactment of this Act [Dec. 26, 2007].
Effective Date of 2004 Amendment
Pub. L. 108–458, title IV, §4082, Dec. 17, 2004, 118 Stat. 3732, provided that: “This title [enacting section 44925 of this title, amending this section, sections 44903, 44904, 44909, 44917, 44923, 46301 to 46303, and 48301 of this title, and sections 70102 and 70103 of Title 46, Shipping, and enacting provisions set out as notes under sections 44703, 44901, 44913, 44917, 44923, 44925, and 44935 of this title, section 2751 of Title 22, Foreign Relations and Intercourse, and section 70101 of Title 46] shall take effect on the date of enactment of this Act [Dec. 17, 2004].”
Effective Date of 2002 Amendment
Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including the functions of the Secretary of Transportation, and of the Under Secretary of Transportation for Security, relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
Registered Traveler Programs and Biometrically-Secure Cards
Pub. L. 110–161, div. E, title V, §571, Dec. 26, 2007, 121 Stat. 2093, provided that: “Effective no later than ninety days after the date of enactment of this Act [Dec. 26, 2007], the Transportation Security Administration shall permit approved members of Registered Traveler programs to satisfy fully the required identity verification procedures at security screening checkpoints by presenting a biometrically-secure Registered Traveler card in lieu of the government-issued photo identification document required of non-participants: Provided, That if their identity is not confirmed biometrically, the standard identity and screening procedures will apply: Provided further, That if the Assistant Secretary (Transportation Security Administration) determines this is a threat to civil aviation, then the Assistant Secretary (Transportation Security Administration) shall notify the Committees on Appropriations of the Senate and House of Representatives five days in advance of such determination and require Registered Travelers to present government-issued photo identification documents in conjunction with a biometrically-secure Registered Traveler card.”
Congressional Oversight of Security Assurance for Public and Private Stakeholders
Pub. L. 110–53, title XII, §1203(b), Aug. 3, 2007, 121 Stat. 385, provided that:
“(1)
“(A) the number of public and private stakeholders who were provided with each report;
“(B) a description of the measures the Secretary has taken, under section 114(u)(7) of title 49, United States Code, as added by this section, or otherwise, to ensure proper treatment and security for any classified information to be shared with the public and private stakeholders under the Plan; and
“(C) an explanation of the reason for the denial of transportation security information to any stakeholder who had previously received such information.
“(2)
Specialized Training
Pub. L. 110–53, title XVI, §1611, Aug. 3, 2007, 121 Stat. 485, provided that: “The Administrator of the Transportation Security Administration shall provide advanced training to transportation security officers for the development of specialized security skills, including behavior observation and analysis, explosives detection, and document examination, in order to enhance the effectiveness of layered transportation security measures.”
Inapplicability of Personnel Limitations After Fiscal Year 2007
Pub. L. 110–53, title XVI, §1612, Aug. 3, 2007, 121 Stat. 485, provided that:
“(a)
“(b)
“(1) to provide appropriate levels of aviation security; and
“(2) to accomplish that goal in such a manner that the average aviation security-related delay experienced by airline passengers is reduced to a level of less than 10 minutes.”
Lease of Property to Transportation Security Administration Employees
Pub. L. 109–90, title V, §514, Oct. 18, 2005, 119 Stat. 2084, provided that: “Notwithstanding section 3302 of title 31, United States Code, for fiscal year 2006 and thereafter, the Administrator of the Transportation Security Administration may impose a reasonable charge for the lease of real and personal property to Transportation Security Administration employees and for use by Transportation Security Administration employees and may credit amounts received to the appropriation or fund initially charged for operating and maintaining the property, which amounts shall be available, without fiscal year limitation, for expenditure for property management, operation, protection, construction, repair, alteration, and related activities.”
Similar provisions were contained in the following prior appropriation act:
Pub. L. 108–334, title V, §516, Oct. 18, 2004, 118 Stat. 1318.
Acquisition Management System of the Transportation Security Administration
Pub. L. 109–90, title V, §515, Oct. 18, 2005, 119 Stat. 2084, provided that: “For fiscal year 2006 and thereafter, the acquisition management system of the Transportation Security Administration shall apply to the acquisition of services, as well as equipment, supplies, and materials.”
Similar provisions were contained in the following prior appropriation act:
Pub. L. 108–334, title V, §517, Oct. 18, 2004, 118 Stat. 1318.
Registered Traveler Program Fee
Pub. L. 109–90, title V, §540, Oct. 18, 2005, 119 Stat. 2088, provided that: “For fiscal year 2006 and thereafter, notwithstanding section 553 of title 5, United States Code, the Secretary of Homeland Security shall impose a fee for any registered traveler program undertaken by the Department of Homeland Security by notice in the Federal Register, and may modify the fee from time to time by notice in the Federal Register: Provided, That such fees shall not exceed the aggregate costs associated with the program and shall be credited to the Transportation Security Administration registered traveler fee account, to be available until expended.”
Enhanced Security Measures
Pub. L. 107–71, title I, §109, Nov. 19, 2001, 115 Stat. 613, as amended by Pub. L. 107–296, title XIV, §1403(b), Nov. 25, 2002, 116 Stat. 2306, provided that:
“(a)
“(1) Require effective 911 emergency call capability for telephones serving passenger aircraft and passenger trains.
“(2) Establish a uniform system of identification for all State and local law enforcement personnel for use in obtaining permission to carry weapons in aircraft cabins and in obtaining access to a secured area of an airport, if otherwise authorized to carry such weapons.
“(3) Establish requirements to implement trusted passenger programs and use available technologies to expedite the security screening of passengers who participate in such programs, thereby allowing security screening personnel to focus on those passengers who should be subject to more extensive screening.
“(4) In consultation with the Commissioner of the Food and Drug Administration, develop alternative security procedures under which a medical product to be transported on a flight of an air carrier would not be subject to an inspection that would irreversibly damage the product.
“(5) Provide for the use of technologies, including wireless and wire line data technologies, to enable the private and secure communication of threats to aid in the screening of passengers and other individuals on airport property who are identified on any State or Federal security-related data base for the purpose of having an integrated response coordination of various authorized airport security forces.
“(6) In consultation with the Administrator of the Federal Aviation Administration, consider whether to require all pilot licenses to incorporate a photograph of the license holder and appropriate biometric imprints.
“(7) Provide for the use of voice stress analysis, biometric, or other technologies to prevent a person who might pose a danger to air safety or security from boarding the aircraft of an air carrier or foreign air carrier in air transportation or intrastate air transportation.
“(8) Provide for the use of technology that will permit enhanced instant communications and information between airborne passenger aircraft and appropriate individuals or facilities on the ground.
“(9) Require that air carriers provide flight attendants with a discreet, hands-free, wireless method of communicating with the pilots.
“(b)
[For definitions of terms used in section 109 of Pub. L. 107–71, set out above, see section 133 of Pub. L. 107–71, set out as a note under section 40102 of this title.]
1 So in original. Probably should be followed by a closing parenthesis.
2 So in original. There is no subsec. (t).
3 So in original. Probably should be “subsection (s).”.
§115. Transportation Security Oversight Board
(a)
(b)
(1)
(A) The Secretary of Homeland Security, or the Secretary's designee.
(B) The Secretary of Transportation, or the Secretary's designee.
(C) The Attorney General, or the Attorney General's designee.
(D) The Secretary of Defense, or the Secretary's designee.
(E) The Secretary of the Treasury, or the Secretary's designee.
(F) The Director of the Central Intelligence Agency, or the Director's designee.
(G) One member appointed by the President to represent the National Security Council.
(2)
(c)
(1) review and ratify or disapprove any regulation or security directive issued by the Under Secretary of Transportation for security 1 under section 114(l)(2) within 30 days after the date of issuance of such regulation or directive;
(2) facilitate the coordination of intelligence, security, and law enforcement activities affecting transportation;
(3) facilitate the sharing of intelligence, security, and law enforcement information affecting transportation among Federal agencies and with carriers and other transportation providers as appropriate;
(4) explore the technical feasibility of developing a common database of individuals who may pose a threat to transportation or national security;
(5) review plans for transportation security;
(6) make recommendations to the Under Secretary regarding matters reviewed under paragraph (5).
(d)
(e)
(Added Pub. L. 107–71, title I, §102(a), Nov. 19, 2001, 115 Stat. 604; amended Pub. L. 107–296, title IV, §426(a), Nov. 25, 2002, 116 Stat. 2186.)
Amendments
2002—Subsec. (a). Pub. L. 107–296, §426(a)(1), substituted “Department of Homeland Security” for “Department of Transportation”.
Subsec. (b)(1). Pub. L. 107–296, §426(a)(2), added subpar. (A), redesignated former subpars. (A) to (F) as (B) to (G), respectively, and struck out former subpar. (G) which read as follows: “One member appointed by the President to represent the Office of Homeland Security.”
Subsec. (b)(2). Pub. L. 107–296, §426(a)(3), substituted “Secretary of Homeland Security” for “Secretary of Transportation”.
Change of Name
Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108-458, set out as a note under section 401 of Title 50, War and National Defense.
Effective Date of 2002 Amendment
Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including the functions of the Secretary of Transportation, and of the Under Secretary of Transportation for Security, relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
1 So in original. Probably should be capitalized.
CHAPTER 3—GENERAL DUTIES AND POWERS
SUBCHAPTER I—DUTIES OF THE SECRETARY OF TRANSPORTATION
SUBCHAPTER II—ADMINISTRATIVE
SUBCHAPTER III—MISCELLANEOUS
Amendments
2003—Pub. L. 108–168, §8(b)(2), Dec. 6, 2003, 117 Stat. 2035, added item 354.
1994—Pub. L. 103–272, §4(j)(6)(B), (9)(B), (10)(B), July 5, 1994, 108 Stat. 1366–1368, added item 303a, struck out items 334 “Limit on aviation charges” and 335 “Authorization of appropriations”, and added item 337, subchapter III heading, and items 351 to 353.
1991—Pub. L. 102–240, title I, §1036(c)(2), Dec. 18, 1991, 105 Stat. 1985, added item 309.
1989—Pub. L. 101–225, title III, §305(2), Dec. 12, 1989, 103 Stat. 1925, added item 336.
1984—Pub. L. 98–216, §2(1)(B), Feb. 14, 1984, 98 Stat. 5, substituted “Reports” for “Annual reports” in item 308.
SUBCHAPTER I—DUTIES OF THE SECRETARY OF TRANSPORTATION
§301. Leadership, consultation, and cooperation
The Secretary of Transportation shall—
(1) under the direction of the President, exercise leadership in transportation matters, including those matters affecting national defense and those matters involving national or regional emergencies;
(2) provide leadership in the development of transportation policies and programs, and make recommendations to the President and Congress for their consideration and implementation;
(3) coordinate Federal policy on intermodal transportation and initiate policies to promote efficient intermodal transportation in the United States;
(4) promote and undertake the development, collection, and dissemination of technological, statistical, economic, and other information relevant to domestic and international transportation;
(5) consult and cooperate with the Secretary of Labor in compiling information regarding the status of labor-management contracts and other labor-management problems and in promoting industrial harmony and stable employment conditions in all modes of transportation;
(6) promote and undertake research and development related to transportation, including noise abatement, with particular attention to aircraft noise, and including basic highway vehicle science;
(7) consult with the heads of other departments, agencies, and instrumentalities of the United States Government on the transportation requirements of the Government, including encouraging them to establish and observe policies consistent with maintaining a coordinated transportation system in procuring transportation or in operating their own transport services;
(8) consult and cooperate with State and local governments, carriers, labor, and other interested persons, including, when appropriate, holding informal public hearings; and
(9) develop and coordinate Federal policy on financing transportation infrastructure, including the provision of direct Federal credit assistance and other techniques used to leverage Federal transportation funds.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2418; Pub. L. 102–240, title V, §5002(a), title VI, §6017, Dec. 18, 1991, 105 Stat. 2158, 2183; Pub. L. 105–178, title I, §1504, June 9, 1998, 112 Stat. 251.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 301 | 49:1653(a). | Oct. 15, 1966, Pub. L. 89–670, §4(a), 80 Stat. 933. |
In the introductory clause before “shall”, the words “in carrying out the purposes of this chapter . . . among his responsibilities” are omitted as surplus.
In clause (4), the word “compiling” is substituted for “gathering” for consistency.
Amendments
1998—Par. (9). Pub. L. 105–178 added par. (9).
1991—Pars. (3) to (5). Pub. L. 102–240, §5002(a), added par. (3) and redesignated former pars. (3) and (4) as (4) and (5), respectively. Former par. (5) redesignated (6).
Par. (6). Pub. L. 102–240, §§5002(a), 6017, redesignated par. (5) as (6) and inserted “, and including basic highway vehicle science”. Former par. (6) redesignated (7).
Pars. (7), (8). Pub. L. 102–240, §5002(a), redesignated pars. (6) and (7) as (7) and (8), respectively.
Vessel Transfer Authority
Pub. L. 109–364, div. C, title XXXV, §3504, Oct. 17, 2006, 120 Stat. 2516, provided that: “The Secretary of Transportation may transfer or otherwise make available without reimbursement to any other department a vessel under the jurisdiction of the Department of Transportation, upon request by the Secretary of the department that receives the vessel.”
Budget Justification
Pub. L. 109–59, title I, §1926, Aug. 10, 2005, 119 Stat. 1483, provided that: “The Department of Transportation and each agency in the Department shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a budget justification concurrently with the President's annual budget submission to Congress under section 1105(a) of title 31, United States Code.”
Coordinated Transportation Services
Pub. L. 105–178, title III, §3034, June 9, 1998, 112 Stat. 386, provided that:
“(a)
“(b)
“(1) identify each Federal department and agency (other than the Department of Transportation) that has received Federal financial assistance for non-emergency transportation services in any of the 3 fiscal years preceding the date of enactment of this Act [June 9, 1998];
“(2) identify the amount of such assistance received by each Federal department and agency in such fiscal years; and
“(3) identify the projects and activities funded using such financial assistance.
“(c)
Establishment of Nationwide Differential Global Positioning System
Pub. L. 105–66, title III, §346, Oct. 27, 1997, 111 Stat. 1449, provided that:
“(a) As soon as practicable after the date of enactment of this Act [Oct. 27, 1997], the Secretary of Transportation, acting for the Department of Transportation, may take receipt of such equipment and sites of the Ground Wave Emergency Network (referred to in this section as ‘GWEN’) as the Secretary of Transportation determines to be necessary for the establishment of a nationwide system to be known as the ‘Nationwide Differential Global Positioning System’ (referred to in this section as ‘NDGPS’).
“(b) As soon as practicable after the date of enactment of this Act [Oct. 27, 1997], the Secretary of Transportation may establish the NDGPS. In establishing the NDGPS, the Secretary of Transportation may—
“(1) if feasible, reuse GWEN equipment and sites transferred to the Department of Transportation under subsection (a);
“(2) to the maximum extent practicable, use contractor services to install the NDGPS;
“(3) modify the positioning system operated by the Coast Guard at the time of the establishment of the NDGPS to integrate the reference stations made available pursuant to subsection (a);
“(4) in cooperation with the Secretary of Commerce, ensure that the reference stations referred to in paragraph (3) are compatible with, and integrated into, the Continuously Operating Reference Station (commonly referred to as ‘CORS’) system of the National Geodetic Survey of the Department of Commerce; and
“(5) in cooperation with the Secretary of Commerce, investigate the use of the NDGPS reference stations for the Global Positioning System Integrated Precipitable Water Vapor System of the National Oceanic and Atmospheric Administration.
“(c) The Secretary of Transportation may—
“(1) manage and operate the NDGPS;
“(2) ensure that the service of the NDGPS is provided without the assessment of any user fee; and
“(3) in cooperation with the Secretary of Defense, ensure that the use of the NDGPS is denied to any enemy of the United States.
“(d) In any case in which the Secretary of Transportation determines that contracting for the maintenance of 1 or more NDGPS reference stations is cost-effective, the Secretary of Transportation may enter into a contract to provide for that maintenance.
“(e) The Secretary of Transportation may—
“(1) in cooperation with appropriate representatives of private industries and universities and officials of State governments—
“(A) investigate improvements (including potential improvements) to the NDGPS;
“(B) develop standards for the NDGPS; and
“(C) sponsor the development of new applications for the NDGPS; and
“(2) provide for the continual upgrading of the NDGPS to improve performance and address the needs of—
“(A) the Federal Government;
“(B) State and local governments; and
“(C) the general public.”
Intermodal Transportation Advisory Board and Office of Intermodalism
Section 5002(b), (c) of Pub. L. 102–240, which provided for establishment within the Office of the Secretary of Transportation of an Intermodal Transportation Advisory Board to make recommendations for carrying out responsibilities of the Secretary concerning the coordination of Federal policy on intermodal transportation, and for establishment within the Office of the Secretary of an Office of Intermodalism to develop intermodal transportation data, to coordinate Federal research on intermodal transportation, to provide technical assistance to States and metropolitan planning organizations, and to provide administrative and clerical support to the Intermodal Transportation Advisory Board, was repealed and reenacted as sections 5502 and 5503 of this title by Pub. L. 103–272, §§1(d), 7(b), July 5, 1994, 108 Stat. 849, 850, 1379.
Model Intermodal Transportation Plans
Section 5003 of Pub. L. 102–240, which directed Secretary of Transportation to make grants to States, representing a variety of geographic regions and transportation needs, patterns, and modes, for purpose of developing model State intermodal transportation plans consistent with policy of United States to encourage and promote development of national intermodal transportation system, was repealed and reenacted as section 5504 of this title by Pub. L. 103–272, §§1(d), 7(b), July 5, 1994, 108 Stat. 850, 1379.
National Commission on Intermodal Transportation
Section 5005 of Pub. L. 102–240 provided for establishment of a National Commission on Intermodal Transportation, consisting of 11 appointed members, to make a complete investigation and study of intermodal transportation in the United States and internationally and to send a report to Congress not later than Sept. 30, 1993, containing recommendations for implementing the policy set out in section 302(e) of this title, with the Commission to terminate on the 180th day following transmittal of the report, prior to repeal by Pub. L. 104–287, §7(3), Oct. 11, 1996, 110 Stat. 3400.
Border Crossings
Section 6015 of Pub. L. 102–240 directed Secretary of Transportation to identify existing and emerging trade corridors and transportation subsystems that facilitate trade between United States, Canada, and Mexico and to recommend changes to improve and integrate corridor subsystems in order to achieve increased productivity and use of innovative marketing techniques, and directed Secretary to report to Congress not later than 18 months after Dec. 18, 1991, on transportation infrastructure needs and associated costs and to propose an agenda to develop systemwide integration of services for national benefits.
Underground Pipelines
Section 6020 of Pub. L. 102–240 directed Secretary of Transportation to conduct a study to evaluate feasibility, costs, and benefits of constructing and operating pneumatic capsule pipelines for underground movement of commodities other than hazardous liquids and gas, and to submit, not later than 2 years after Dec. 18, 1991, a report to Congress on the results of the study, prior to repeal by Pub. L. 104–287, §7(3), Oct. 11, 1996, 110 Stat. 3400.
Long-Range National Transportation Strategic Planning Study
Pub. L. 100–457, title III, §317(b), Sept. 30, 1988, 102 Stat. 2149, directed Department of Transportation to undertake a long-range, multi-modal national transportation strategic planning study, such study to forecast long-term needs and costs for developing and maintaining facilities and services to achieve a desired national transportation program for moving people and goods in the year 2015 and to include detailed analyses of transportation needs within six to nine metropolitan areas that have diverse population, development, and demographic patterns, including at least one interstate metropolitan area, with study to be submitted to Congress on or before Oct. 1, 1989. Similar provisions were contained in the following prior appropriation act: Pub. L. 100–202, §101(l) [title III, §317(b)], Dec. 22, 1987, 101 Stat. 1329–358, 1329–381.
Commercial Expendable Launch Vehicle Activities
Designation of Department of Transportation as lead agency and duties of the Secretary for encouraging, facilitating, and developing commercial expendable launch vehicle operations by private enterprise, see Ex. Ord. No. 12465, Feb. 24, 1984, 49 F.R. 7211, set out under section 70101 of this title.
Ex. Ord. No. 13274. Environmental Stewardship and Transportation Infrastructure Project Reviews
Ex. Ord. No. 13274, Sept. 18, 2002, 67 F.R. 59449, as amended by Ex. Ord. No. 13286, §2, Feb. 28, 2003, 68 F.R. 10619, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, and to enhance environmental stewardship and streamline the environmental review and development of transportation infrastructure projects, it is hereby ordered as follows:
(b) In furtherance of the policy set forth in section 1 of this order, the Secretary of Transportation, in coordination with agencies as appropriate, shall advance environmental stewardship through cooperative actions with project sponsors to promote protection and enhancement of the natural and human environment in the planning, development, operation, and maintenance of transportation facilities and services.
(c) The Secretary of Transportation shall designate for the purposes of this order a list of high-priority transportation infrastructure projects that should receive expedited agency reviews and shall amend such list from time to time as the Secretary deems appropriate. For projects on the Secretary's list, agencies shall to the maximum extent practicable expedite their reviews for relevant permits or other approvals, and take related actions as necessary, consistent with available resources and applicable laws, including those relating to safety, public health, and environmental protection.
(b) Membership and Operation. The Task Force shall promote interagency cooperation and the establishment of appropriate mechanisms to coordinate Federal, State, tribal, and local agency consultation, review, approval, and permitting of transportation infrastructure projects. The Task Force shall consist exclusively of the following officers of the United States: the Secretary of Agriculture, Secretary of Commerce, Secretary of Transportation (who shall chair the Task Force), Secretary of the Interior, Secretary of Defense, Secretary of Homeland Security, Administrator of the Environmental Protection Agency, Chairman of the Advisory Council on Historic Preservation, and Chairman of the Council on Environmental Quality. A member of the Task Force may designate, to perform the Task Force functions of the member, any person who is part of the member's department, agency, or office and who is either an officer of the United States appointed by the President with the advice and consent of the Senate or a member of the Senior Executive Service. The Task Force shall report to the President through the Chairman of the Council on Environmental Quality.
(b) Identifies substantive and procedural requirements of Federal, State, tribal, and local laws, regulations, and Executive Orders that are inconsistent with, duplicative of, or are structured so as to restrict their efficient implementation with other applicable requirements.
(c) Makes recommendations regarding those additional actions that could be taken to: (i) address the coordination and expediting of reviews of transportation infrastructure projects by simplifying and harmonizing applicable substantive and procedural requirements; and (ii) elevate and resolve controversies among Federal, State, tribal, and local agencies related to the review or impacts of transportation infrastructure projects in a timely manner.
(d) Provides any other recommendations that would, in the judgement of the Task Force, advance the policy set forth in section 1 of this order.
George W. Bush.
§302. Policy standards for transportation
(a) The Secretary of Transportation is governed by the transportation policy of sections 10101 and 13101 of this title in addition to other laws.
(b) This subtitle and chapters 221 and 315 of this title do not authorize, without appropriate action by Congress, the adoption, revision, or implementation of a transportation policy or investment standards or criteria.
(c) The Secretary shall consider the needs—
(1) for effectiveness and safety in transportation systems; and
(2) of national defense.
(d)(1) It is the policy of the United States to promote the construction and commercialization of high-speed ground transportation systems by—
(A) conducting economic and technological research;
(B) demonstrating advancements in high-speed ground transportation technologies;
(C) establishing a comprehensive policy for the development of such systems and the effective integration of the various high-speed ground transportation technologies; and
(D) minimizing the long-term risks of investors.
(2) It is the policy of the United States to establish in the shortest time practicable a United States designed and constructed magnetic levitation transportation technology capable of operating along Federal-aid highway rights-of-way, as part of a national transportation system of the United States.
(e)
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2419; Pub. L. 98–216, §2(2), Feb. 14, 1984, 98 Stat. 5; Pub. L. 102–240, title I, §1036(a), title V, §5001, Dec. 18, 1991, 105 Stat. 1978, 2158; Pub. L. 103–272, §5(m)(6), July 5, 1994, 108 Stat. 1375; Pub. L. 104–88, title III, §308(a), Dec. 29, 1995, 109 Stat. 946.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 302(a) | 49:1653(b)(1). | Oct. 15, 1966, Pub. L. 89–670, §4(b), 80 Stat. 933. |
| 302(b) | 49:1653(b)(2). | |
| 302(c) | 49:1653(b)(3). |
In subsection (a), the words “In carrying out his duties and responsibilities under this chapter” before “Secretary of Transportation” are omitted as surplus. The words “the transportation policy of sections 10101 and 10101a of this title in addition to other laws” are substituted for “all applicable statutes including the policy standards set forth in the Federal Aviation Act of 1958, as amended [49 U.S.C. 1301 et seq.]; the national transportation policy of the Interstate Commerce Act, as amended; title 23, relating to Federal-aid highways; and title 14, titles 52 and 53 of the Revised Statutes, the Act of April 25, 1940, as amended, and the Act of September 2, 1958, as amended, relating to the United States Coast Guard” because each of the omitted laws is now applicable to the Secretary of Transportation and the Department of Transportation as the result of the restatement of those laws, and the Secretary is therefore bound to follow those laws by their own terms.
In subsection (c), the words “In exercising the functions, powers, and duties conferred on and transferred to the Secretary by this chapter” before “Secretary” are omitted as surplus. The word “consider” is substituted for “give full consideration to” to eliminate surplus words. The words “for operational continuity of the functions transferred” after “the needs” are omitted as executed.
Amendments
1995—Subsec. (a). Pub. L. 104–88 substituted “13101” for “10101a”.
1994—Subsec. (b). Pub. L. 103–272 substituted “This subtitle and chapters 221 and 315 of this title” for “Subtitle I and chapter 31 of subtitle II of this title and the Department of Transportation Act (49 App. U.S.C. 1651 et seq.)”.
1991—Subsec. (d). Pub. L. 102–240, §1036(a), added subsec. (d).
Subsec. (e). Pub. L. 102–240, §5001, added subsec. (e).
1984—Subsec. (b). Pub. L. 98–216 substituted “49 App. U.S.C.” for “49 U.S.C.”.
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 701 of this title.
Effective Date of 1991 Amendment
Amendment by section 1036(a) of Pub. L. 102–240 effective Dec. 18, 1991, and applicable to funds authorized to be appropriated or made available after Sept. 30, 1991, and, with certain exceptions, not applicable to funds appropriated or made available on or before Sept. 30, 1991, see section 1100 of Pub. L. 102–240, set out as a note under section 104 of Title 23, Highways.
§303. Policy on lands, wildlife and waterfowl refuges, and historic sites
(a) It is the policy of the United States Government that special effort should be made to preserve the natural beauty of the countryside and public park and recreation lands, wildlife and waterfowl refuges, and historic sites.
(b) The Secretary of Transportation shall cooperate and consult with the Secretaries of the Interior, Housing and Urban Development, and Agriculture, and with the States, in developing transportation plans and programs that include measures to maintain or enhance the natural beauty of lands crossed by transportation activities or facilities.
(c)
(1) there is no prudent and feasible alternative to using that land; and
(2) the program or project includes all possible planning to minimize harm to the park, recreation area, wildlife and waterfowl refuge, or historic site resulting from the use.
(d)
(1)
(A)
(B)
(C)
(2)
(A) the Secretary has determined, in accordance with the consultation process required under section 106 of the National Historic Preservation Act (16 U.S.C. 470f), that—
(i) the transportation program or project will have no adverse effect on the historic site; or
(ii) there will be no historic properties affected by the transportation program or project;
(B) the finding of the Secretary has received written concurrence from the applicable State historic preservation officer or tribal historic preservation officer (and from the Advisory Council on Historic Preservation if the Council is participating in the consultation process); and
(C) the finding of the Secretary has been developed in consultation with parties consulting as part of the process referred to in subparagraph (A).
(3)
(A) the Secretary has determined, after public notice and opportunity for public review and comment, that the transportation program or project will not adversely affect the activities, features, and attributes of the park, recreation area, or wildlife or waterfowl refuge eligible for protection under this section; and
(B) the finding of the Secretary has received concurrence from the officials with jurisdiction over the park, recreation area, or wildlife or waterfowl refuge.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2419; Pub. L. 100–17, title I, §133(d), Apr. 2, 1987, 101 Stat. 173; Pub. L. 109–59, title VI, §6009(a)(2), Aug. 10, 2005, 119 Stat. 1875.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 303(a) | 49:1651(b)(2). | Oct. 15, 1966, Pub. L. 89–670, §2(b)(2), 80 Stat. 931. |
| 49:1653(f) (1st sentence). | Oct. 15, 1966, Pub. L. 89–670, §4(f), 80 Stat. 934; restated Aug. 23, 1968, Pub. L. 90–495, §18(b), 82 Stat. 824. | |
| 303(b) | 49:1653(f) (2d sentence). | |
| 303(c) | 49:1653(f) (less 1st, 2d sentences). |
In subsection (a), the words “hereby declared to be” before “the policy” are omitted as surplus. The words “of the United States Government” are substituted for “national” for clarity and consistency.
In subsection (b), the words “crossed by transportation activities or facilities” are substituted for “traversed” for clarity.
In subsection (c), before clause (1), the words “After August 23, 1968” after “Secretary” are omitted as executed. The word “transportation” is inserted before “program” for clarity. In clause (2), the words “or project” are added for consistency.
Amendments
2005—Subsec. (c). Pub. L. 109–59, §6009(a)(2)(A), inserted heading and substituted “Subject to subsection (d), the Secretary” for “The Secretary” in introductory provisions.
Subsec. (d). Pub. L. 109–59, §6009(a)(2)(B), added subsec. (d).
1987—Subsec. (c). Pub. L. 100–17 inserted “(other than any project for a park road or parkway under section 204 of title 23)” after “program or project”.
Treatment of Military Flight Operations
Pub. L. 105–85, div. A, title X, §1079, Nov. 18, 1997, 111 Stat. 1916, provided that: “No military flight operation (including a military training flight), or designation of airspace for such an operation, may be treated as a transportation program or project for purposes of section 303(c) of title 49, United States Code.”
§303a. Development of water transportation
(a)
(1) to promote, encourage, and develop water transportation, service, and facilities for the commerce of the United States; and
(2) to foster and preserve rail and water transportation.
(b)
(c)
(1) investigate the types of vessels suitable for different classes of inland waterways to promote, encourage, and develop inland waterway transportation facilities for the commerce of the United States;
(2) investigate water terminals, both for inland waterway traffic and for through traffic by water and rail, including the necessary docks, warehouses, and equipment, and investigate railroad spurs and switches connecting with those water terminals, to develop the types most appropriate for different locations and for transferring passengers or property between water carriers and rail carriers more expeditiously and economically;
(3) consult with communities, cities, and towns about the location of water terminals, and cooperate with them in preparing plans for terminal facilities;
(4) investigate the existing status of water transportation on the different inland waterways of the United States to learn the extent to which—
(A) the waterways are being used to their capacity and are meeting the demands of traffic; and
(B) water carriers using those waterways are interchanging traffic with rail carriers;
(5) investigate other matters that may promote and encourage inland water transportation; and
(6) compile, publish, and distribute information about transportation on inland waterways that the Secretary considers useful to the commercial interests of the United States.
(Pub. L. 103–272, §4(j)(6)(A), July 5, 1994, 108 Stat. 1366.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 303a | 49 App.:142. | Feb. 28, 1920, ch. 91, §500, 41 Stat. 499; Aug. 6, 1981, Pub. L. 97–31, §12(9), 95 Stat. 154. |
Section 4(j)(6)(A) amends 49:ch. 3 by restating 49 App.:142 as section 303a because the provision more appropriately belongs in chapter 3.
In subsection (a)(2), the words “in full vigor both” are omitted as surplus.
In subsection (b), the words “be construed to” are omitted as surplus.
In subsection (c)(1), the word “appropriate” is omitted as surplus. The word “vessels” is substituted for “boats” for consistency in the revised title and with other titles of the United States Code.
In subsection (c)(2), the words “the subject of”, “apparatus”, “appliances in connection therewith”, and “or interchange” are omitted as surplus.
In subsection (c)(3), the words “appropriate” and “suitable” are omitted as surplus.
In subsection (c)(6), the words “province and”, “from time to time”, and “useful statistics, data, and” are omitted as surplus.
§304. Joint activities with the Secretary of Housing and Urban Development
(a) The Secretary of Transportation and the Secretary of Housing and Urban Development shall—
(1) consult and exchange information about their respective transportation policies and activities;
(2) carry out joint planning, research, and other activities;
(3) coordinate assistance for local transportation projects; and
(4) jointly study methods by which policies and programs of the United States Government can ensure that urban transportation systems most effectively serve both transportation needs of the United States and the comprehensively planned development of urban areas.
(b) The Secretaries shall report on April 1 of each year to the President, for submission to Congress, on their studies and other activities under this section, including legislative recommendations they consider desirable.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2419.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 304(a) | 49:1653(g) (less 3d sentence). | Oct. 15, 1966, Pub. L. 89–670, §4(g), 80 Stat. 934. |
| 304(b) | 49:1653(g) (3d sentence). |
In subsection (a), the text of 49:1653(g) (last sentence) is omitted as executed.
In subsection (a)(4), the word “ensure” is substituted for “assure” as being more precise. The words “of the United States Government” are substituted for “Federal”, and the words “United States” are substituted for “national”, for clarity and consistency.
In subsection (b), the words “The Secretaries shall report on April 1 of each year” are substituted for “They shall, within one year after the effective date of the Act, and annually thereafter, report” to omit executed words and to specify the date of April 1 because the President prescribed April 1, 1967, as the effective date of the Department of Transportation Act (Pub. L. 89–670, 80 Stat. 931) by Executive Order No. 11340, March 30, 1967 (32 F.R. 5443). The word “consider” is substituted for “determine” for consistency.
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions in subsec. (b) of this section relating to the requirement to submit an annual report to Congress, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and the 4th item on page 150 of House Document No. 103–7.
§305. Transportation investment standards and criteria
(a) Subject to sections 301–304 of this title, the Secretary of Transportation shall develop standards and criteria to formulate and economically evaluate all proposals for investing amounts of the United States Government in transportation facilities and equipment. Based on experience, the Secretary shall revise the standards and criteria. When approved by Congress, the Secretary shall prescribe standards and criteria developed or revised under this subsection. This subsection does not apply to—
(1) the acquisition of transportation facilities or equipment by a department, agency, or instrumentality of the Government to provide transportation for its use;
(2) an inter-oceanic canal located outside the 48 contiguous States;
(3) defense features included at the direction of the Department of Defense in designing and constructing civil air, sea, or land transportation;
(4) foreign assistance programs;
(5) water resources projects; or
(6) grant-in-aid programs authorized by law.
(b) A department, agency, or instrumentality of the Government preparing a survey, plan, or report that includes a proposal about which the Secretary has prescribed standards and criteria under subsection (a) of this section shall—
(1) prepare the survey, plan, or report under those standards and criteria and on the basis of information provided by the Secretary on the—
(A) projected growth of transportation needs and traffic in the affected area;
(B) the relative efficiency of various modes of transportation;
(C) the available transportation services in the area; and
(D) the general effect of the proposed investment on existing modes of transportation and on the regional and national economy;
(2) coordinate the survey, plan, or report—
(A) with the Secretary and include the views and comments of the Secretary; and
(B) as appropriate, with other departments, agencies, and instrumentalities of the Government, States, and local governments, and include their views and comments; and
(3) send the survey, plan, or report to the President for disposition under law and procedure established by the President.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2420.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 305(a) | 49:1656(a) (less next-to-last par.). | Oct. 15, 1966, Pub. L. 89–670, §7 (less (a) next-to-last par.), 80 Stat. 941. |
| 305(b) | 49:1656 (less (a)). |
In subsection (a), before clause (1), the words “consistent with national transportation policies” after “develop standards and criteria” are omitted as unnecessary because of section 302 of the revised title. The words “Based on experience” are substituted for “in the light of experience”, and the words “shall prescribe” are substituted for “be promulgated by the”, to conform to other sections of the revised title. The words “from time to time” after “shall revise” are omitted as unnecessary. The words “This subsection does not apply to” are substituted for “except such proposals as are concerned with” for clarity. In clause (1), the words “a department, agency, or instrumentality of the Government” are substituted for “Federal agencies” for clarity and consistency. Similar conforming changes are made throughout the section. The word “services” after “provide transportation” is omitted as unnecessary. In clause (2), the words “48 contiguous States” are substituted for “contiguous United States” for clarity.
The text of 49:1656(a) (last par.) that provided that the Secretary of Transportation was a member of the Water Resources Council on matters pertaining to navigation features of water resource projects is omitted as superseded because 42:1962(a) gave the Secretary membership on the Council without limitation.
In subsection (b)(2), the words “unit of” before “governments” are omitted as surplus. In clause (3), the word “thereafter” after “send” is omitted as surplus.
§306. Prohibited discrimination
(a) In this section, “financial assistance” includes obligation guarantees.
(b) A person in the United States may not be excluded from participating in, be denied the benefits of, or be subject to discrimination under, a project, program, or activity because of race, color, national origin, or sex when any part of the project, program, or activity is financed through financial assistance under section 332 or 333 or chapter 221 or 249 of this title, section 211 or 216 of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 721, 726), or title V of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821 et seq.).
(c) When the Secretary of Transportation decides that a person receiving financial assistance under a law referred to in subsection (b) of this section has not complied with that subsection, a Federal civil rights law, or an order or regulation issued under a Federal civil rights law, the Secretary shall notify the person of the decision and require the person to take necessary action to ensure compliance with that subsection.
(d) If a person does not comply with subsection (b) of this section within a reasonable time after receiving a notice under subsection (c) of this section, the Secretary shall take at least one of the following actions:
(1) direct that no more Federal financial assistance be provided the person.
(2) refer the matter to the Attorney General with a recommendation that a civil action be brought against the person.
(3) carry out the duties and powers provided by title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.).
(4) take other action provided by law.
(e) When a matter is referred to the Attorney General under subsection (d)(2) of this section, or when the Attorney General has reason to believe that a person is engaged in a pattern or practice violating this section, the Attorney General may begin a civil action in a district court of the United States for appropriate relief.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2421; Pub. L. 98–216, §2(3), Feb. 14, 1984, 98 Stat. 5; Pub. L. 103–272, §5(m)(7), July 5, 1994, 108 Stat. 1376.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 306(a) | 45:803(f). | Feb. 5, 1976, Pub. L. 94–210, §905, 90 Stat. 148. |
| 306(b) | 45:803(a). | |
| 306(c), (d) | 45:803(b). | |
| 306(e) | 45:803(c)–(e). |
In subsection (b), the enumerated laws are substituted for “through financial assistance under this Act”, meaning the Rail Revitalization and Regulatory Reform Act of 1976 (Pub. L. 94–210, 90 Stat. 31) and laws amended by that Act. The laws cited in the subsection are substituted for “through financial assistance under this Act” for clarity. The enumerated laws include provisions of the Railroad Revitalization and Regulatory Reform Act of 1976 that amend other laws as well as provisions that are not amendments to other laws. A reference to the Urban Mass Transportation Act of 1964 (Pub. L. 88–365, 78 Stat. 302) is omitted because this section related to that Act is superseded by 49:1615.
In subsection (c), the word “decides” is substituted for “determines” for consistency. The word “ensure” is substituted for “assure” as being more precise.
In subsection (d), the words “at least one of the following actions” are substituted for “and/or” for clarity and consistency.
In subsection (e), the text of 45:803(d) is omitted as unnecessary because section 322 of the revised title gives the Secretary of Transportation general authority to prescribe regulations and other provisions of the revised title give the Secretary general authority to carry out his duties and powers. The text of 45:803(e) is omitted as unnecessary.
Pub. L. 98–216
This is necessary to correct a cross-reference in section 306(b) and to reflect the transfer of the non-positive law provisions of title 49 to title 49 appendix.
References in Text
The Railroad Revitalization and Regulatory Reform Act of 1976, referred to in subsec. (b), is Pub. L. 94–210, Feb. 5, 1976, 90 Stat. 31, as amended. Title V of the Act is classified generally to subchapter II (§821 et seq.) of chapter 17 of Title 45, Railroads. For complete classification of this Act to the Code, see Short Title note set out under section 801 of Title 45 and Tables.
The Civil Rights Act of 1964, referred to in subsec. (d)(3), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the Act is classified generally to subchapter V (§2000d et seq.) of chapter 21 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of Title 42 and Tables.
Amendments
1994—Subsec. (b). Pub. L. 103–272 substituted “section 332 or 333 or chapter 221 or 249 of this title, section 211 or 216 of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 721, 726), or title V of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821 et seq.)” for “section 332 or 333 of this title, section 211 or 216 of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 721, 726), title V or VII of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821 et seq., 851 et seq.), or section 4(i) or 5 of the Department of Transportation Act (49 U.S.C. 1653(i), 1654)”.
1984—Subsec. (b). Pub. L. 98–216 substituted “section 332 or 333 of this title” for “section 332 of this title” and “49 App. U.S.C.” for “49 U.S.C.”.
§307. Safety information and intervention in Interstate Commerce Commission proceedings
(a) The Secretary of Transportation shall inspect promptly the safety compliance record in the Department of Transportation of each person applying to the Interstate Commerce Commission for authority to provide transportation or freight forwarder service. The Secretary shall report the findings of the inspection to the Commission.
(b) When the Secretary is not satisfied with the safety record of a person applying for permanent authority to provide transportation or freight forwarder service, or for approval of a proposed transfer of permanent authority, the Secretary shall intervene and present evidence of the fitness of the person to the Commission in its proceedings.
(c) When requested by the Commission, the Secretary shall—
(1) provide the Commission with a complete report on the safety compliance of a carrier providing transportation or freight forwarder service subject to its jurisdiction;
(2) provide promptly a statement of the safety record of a person applying to the Commission for temporary authority to provide transportation;
(3) intervene and present evidence in a proceeding in which a finding of fitness is required; and
(4) make additional safety compliance surveys and inspections the Commission decides are desirable to allow it to act on an application or to make a finding on the fitness of a carrier.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2421.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 307(a) | 49:1653(e)(1). | Oct. 15, 1966, Pub. L. 89–670, §4(e), 80 Stat. 934. |
| 307(b) | 49:1653(e)(2). | |
| 307(c) | 49:1653(e)(3), (4). |
In the section, the words “be the duty of” before “Secretary shall” are omitted as surplus.
In subsection (a), the word “inspect” is substituted for “investigate” as being more appropriate. The words “person applying to the Interstate Commerce Commission for authority to provide transportation or freight forwarder service” are substituted for “applicant seeking operating authority from the Interstate Commerce Commission” as being more precise and to conform to subtitle IV of the revised title. The words “of the inspection” are inserted for clarity.
In subsection (b), the words “person applying for permanent authority to provide transportation or freight forwarder service” are substituted for “applicant for permanent operating authority” as being more precise and to conform to subtitle IV of the revised title. The words “proposed transfer of permanent authority” are substituted for “proposed transaction involving transfer of operating authority” to eliminate surplus words and for clarity because the transfer only involves permanent authority.
In subsection (c)(1), the words “providing transportation or freight forwarder service subject to its jurisdiction” are inserted for clarity.
Subsection (c)(2) is substituted for 49:1653(e)(3) for clarity and to conform to subtitle IV of the revised title. The words “freight forwarder service” are not used because the law does not provide for temporary authority for freight forwarders.
In subsection (c)(3) and (4), the word “finding” is substituted for “determination” to conform to subtitle IV of the revised title.
In subsection (c)(3), the words “necessary or” before “desirable” are omitted as surplus.
Abolition of Interstate Commerce Commission and Transfer of Functions
Interstate Commerce Commission abolished and functions of Commission transferred, except as otherwise provided in Pub. L. 104–88, to Surface Transportation Board effective Jan. 1, 1996, by section 702 of this title, and section 101 of Pub. L. 104–88, set out as a note under section 701 of this title. References to Interstate Commerce Commission deemed to refer to Surface Transportation Board, a member or employee of the Board, or Secretary of Transportation, as appropriate, see section 205 of Pub. L. 104–88, set out as a note under section 701 of this title.
§308. Reports
(a) As soon as practicable after the end of each fiscal year, the Secretary of Transportation shall report to the President, for submission to Congress, on the activities of the Department of Transportation during the prior fiscal year.
(b) The Secretary shall submit to the President and Congress each year a report on the aviation activities of the Department. The report shall include—
(1) collected information the Secretary considers valuable in deciding questions about—
(A) the development and regulation of civil aeronautics;
(B) the use of airspace of the United States; and
(C) the improvement of the air navigation and traffic control system; and
(2) recommendations for additional legislation and other action the Secretary considers necessary.
(c) The Secretary shall submit to Congress each year a report on the conditions of the public ports of the United States, including the—
(1) economic and technological development of the ports;
(2) extent to which the ports contribute to the national welfare and security; and
(3) factors that may impede the continued development of the ports.
[(d) Repealed. Pub. L. 104–66, title I, §1121(h), Dec. 21, 1995, 109 Stat. 724.]
(e)(1) The Secretary shall submit to Congress in March 1998, and in March of each even-numbered year thereafter, a report of estimates by the Secretary on the current performance and condition of public mass transportation systems with recommendations for necessary administrative or legislative changes.
(2) In reporting to Congress under this subsection, the Secretary shall prepare a complete assessment of public transportation facilities in the United States. The Secretary also shall assess future needs for those facilities and estimate future capital requirements and operation and maintenance requirements for one-year, 5-year, and 10-year periods at specified levels of service.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2422; Pub. L. 98–216, §2(1)(A), Feb. 14, 1984, 98 Stat. 4; Pub. L. 104–66, title I, §1121(h), Dec. 21, 1995, 109 Stat. 724; Pub. L. 105–362, title XV, §1502(c), Nov. 10, 1998, 112 Stat. 3295.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 308(a) | 45:792. | Jan. 2, 1974, Pub. L. 93–236, §602, 87 Stat. 1022. |
| 49:1658. | Oct. 15, 1966, Pub. L. 89–670, §12, 80 Stat. 949; Feb. 5, 1976, Pub. L. 94–210, §906(1), 90 Stat. 149. | |
| 308(b) | 49:1354(e). | Aug. 23, 1958, Pub. L. 85–726, §313(e), 72 Stat. 753. |
| 308(c) | 15:1519a. | Oct. 3, 1980, Pub. L. 96–371, §2, 94 Stat. 1362; Aug. 6, 1981, Pub. L. 97–31, §12(8), 95 Stat. 154. |
In subsection (a), the words “As part of his annual report each year” in 45:792 are omitted as unnecessary because of the restatement of the source provisions.
In subsection (b), before clause (1), the words “aviation activities of the Department” are substituted for “work performed under this chapter” because of the restatement. The words “The report shall include” are substituted for “Such report shall contain” for consistency. In clause (1), the words “and data” after “information” are omitted as surplus. The words “airspace of the United States” are substituted for “National airspace” for clarity and consistency. In clause (2), the words “the Secretary considers necessary” are substituted for “as may be considered” for clarity.
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 308(d) | 49 App.:1654a. | Oct. 14, 1980, Pub. L. 96–448, §409, 94 Stat. 1948; Dec. 21, 1982, Pub. L. 97–375, §210(a), 96 Stat. 1825. |
| 308(e) | 49 App.:1601c. | Jan. 6, 1983, Pub. L. 97–424, §310, 96 Stat. 2151. |
This [deletion of the last sentence of subsection (a)] is necessary because section 111(b) of the Congressional Reports Elimination Act of 1982 (Pub. L. 97–375, 96 Stat. 1821) repealed section 602 of the Regional Rail Reorganization Act of 1973 (Pub. L. 93–236, 87 Stat. 1022), which was restated as section 308(a) (last sentence) of title 49 by section 1 of the Act of January 12, 1983 (Pub. L. 97–449, 96 Stat. 2413).
In subsection (e)(1), the words “January of each even-numbered year” are substituted for “January of 1984 and in January of every second year thereafter” to eliminate unnecessary words.
Amendments
1998—Subsec. (e)(1). Pub. L. 105–362 substituted “submit to Congress in March 1998, and in March of each even-numbered year thereafter, a report” for “submit a report to Congress in January of each even-numbered year”.
1995—Subsec. (d). Pub. L. 104–66 struck out subsec. (d) which related to reports to Congress listing assistance provided by Government to railroad industry.
1984—Pub. L. 98–216, §2(1)(A)(i), substituted “Reports” for “Annual reports” in section catchline.
Subsec. (a). Pub. L. 98–216, §2(1)(A)(ii), struck out requirement that the report include a complete statement on the effectiveness of the United States Railway Association and the Consolidated Rail Corporation in carrying out the purposes of the Regional Rail Reorganization Act of 1973.
Subsecs. (d), (e). Pub. L. 98–216, §2(1)(A)(iii), added subsecs. (d) and (e).
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which reporting provisions contained in subsecs. (a) and (b) of this section and, as subsequently amended, subsec. (e) of this section, are listed, respectively, as the 11th item on page 133, the last item on page 132, and the 5th item on page 138), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance.
Annual Report on Safety Enforcement Activities of Federal Aviation Administration
Pub. L. 100–202, §101(l) [title III, §317(a)], Dec. 22, 1987, 101 Stat. 1329–358, 1329–380, and Pub. L. 100–457, title III, §317(a), Sept. 30, 1988, 102 Stat. 2148, which required Secretary of Transportation to transmit to Congress an annual report on Federal Aviation Administration's prior safety enforcement activities including staffing level comparisons, inspector experience and training schedules, criteria used to set annual work programs, annual inspection comparisons, statement of adequacy of internal management controls, status of regulatory changes, list of specific operational measures of effectiveness, schedule showing number of civil penalty cases closed, schedule showing number of enforcement actions taken, and schedules showing aviation industry's safety record, were repealed and reenacted as section 44723 of this title by Pub. L. 103–272, §§1(e), 7(b), July 5, 1994, 108 Stat. 1202, 1379.
§309. High-speed ground transportation
(a) The Secretary of Transportation, in consultation with the Secretaries of Commerce, Energy, and Defense, the Administrator of the Environmental Protection Agency, the Assistant Secretary of the Army for Public Works, and the heads of other interested agencies, shall lead and coordinate Federal efforts in the research and development of high-speed ground transportation technologies in order to foster the implementation of magnetic levitation and high-speed steel wheel on rail transportation systems as alternatives to existing transportation systems.
(b)(1) The Secretary may award contracts and grants for demonstrations to determine the contributions that high-speed ground transportation could make to more efficient, safe, and economical intercity transportation systems. Such demonstrations shall be designed to measure and evaluate such factors as the public response to new equipment, higher speeds, variations in fares, improved comfort and convenience, and more frequent service. In connection with grants and contracts for demonstrations under this section, the Secretary shall provide for financial participation by private industry to the maximum extent practicable.
(2)(A) In connection with the authority provided under paragraph (1), there is established a national high-speed ground transportation technology demonstration program, which shall be separate from the national magnetic levitation prototype development program established under section 1036(b) of the Intermodal Surface Transportation Efficiency Act of 1991 and shall be managed by the Secretary of Transportation.
(B)(i) Any eligible applicant may submit to the Secretary a proposal for demonstration of any advancement in a high-speed ground transportation technology or technologies to be incorporated as a component, subsystem, or system in any revenue service high-speed ground transportation project or system under construction or in operation at the time the application is made.
(ii) Grants or contracts shall be awarded only to eligible applicants showing demonstrable benefit to the research and development, design, construction, or ultimate operation of any maglev technology or high-speed steel wheel on rail technology. Criteria to be considered in evaluating the suitability of a proposal under this paragraph shall include—
(I) feasibility of guideway or track design and construction;
(II) safety and reliability;
(III) impact on the environment in comparison to other high-speed ground transportation technologies;
(IV) minimization of land use;
(V) effect on human factors related to high-speed ground transportation;
(VI) energy and power consumption and cost;
(VII) integration of high-speed ground transportation systems with other modes of transportation;
(VIII) actual and projected ridership; and
(IX) design of signaling, communications, and control systems.
(C) For the purposes of this paragraph, the term “eligible applicant” means any United States private business, State government, local government, organization of State or local government, or any combination thereof. The term does not include any business owned in whole or in part by the Federal Government.
(D) The amount and distribution of grants or contracts made under this paragraph shall be determined by the Secretary. No grant or contract may be awarded under this paragraph to demonstrate a technology to be incorporated into a project or system located in a State that prohibits under State law the expenditure of non-Federal public funds or revenues on the construction or operation of such project or system.
(E) Recipients of grants or contracts made pursuant to this paragraph shall agree to submit a report to the Secretary detailing the results and benefits of the technology demonstration proposed, as required by the Secretary.
(c)(1) In carrying out the responsibilities of the Secretary under this section, the Secretary is authorized to enter into 1 or more cooperative research and development agreements (as defined by section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a)), and 1 or more funding agreements (as defined by section 201(b) of title 35, United States Code), with United States companies for the purpose of—
(A) conducting research to overcome technical and other barriers to the development and construction of practicable high-speed ground transportation systems and to help advance the basic generic technologies needed for these systems; and
(B) transferring the research and basic generic technologies described in subparagraph (A) to industry in order to help create a viable commercial high-speed ground transportation industry within the United States.
(2) In a cooperative agreement or funding agreement under paragraph (1), the Secretary may agree to provide not more than 80 percent of the cost of any project under the agreement. Not less than 5 percent of the non-Federal entity's share of the cost of any such project shall be paid in cash.
(3) The research, development, or utilization of any technology pursuant to a cooperative agreement under paragraph (1), including the terms under which such technology may be licensed and the resulting royalties may be distributed, shall be subject to the provisions of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.).
(4) The research, development, or utilization of any technology pursuant to a funding agreement under paragraph (1), including the determination of all licensing and ownership rights, shall be subject to the provisions of chapter 18 of title 35, United States Code.
(5) At the conclusion of fiscal year 1993 and again at the conclusion of fiscal year 1996, the Secretary shall submit reports to Congress regarding research and technology transfer activities conducted pursuant to the authorization contained in paragraph (1).
(d)(1) Not later than June 1, 1995, the Secretary shall complete and submit to Congress a study of the commercial feasibility of constructing 1 or more high-speed ground transportation systems in the United States. Such study shall consist of—
(A) an economic and financial analysis;
(B) a technical assessment; and
(C) recommendations for model legislation for State and local governments to facilitate construction of high-speed ground transportation systems.
(2) The economic and financial analysis referred to in paragraph (1)(A) shall include—
(A) an examination of the potential market for a nationwide high-speed ground transportation network, including a national magnetic levitation ground transportation system;
(B) an examination of the potential markets for short-haul high-speed ground transportation systems and for intercity and long-haul high-speed ground transportation systems, including an assessment of—
(i) the current transportation practices and trends in each market; and
(ii) the extent to which high-speed ground transportation systems would relieve the current or anticipated congestion on other modes of transportation;
(C) projections of the costs of designing, constructing, and operating high-speed ground transportation systems, the extent to which such systems can recover their costs (including capital costs), and the alternative methods available for private and public financing;
(D) the availability of rights-of-way to serve each market, including the extent to which average and maximum speeds would be limited by the curvature of existing rights-of-way and the prospect of increasing speeds through the acquisition of additional rights-of-way without significant relocation of residential, commercial, or industrial facilities;
(E) a comparison of the projected costs of the various competing high-speed ground transportation technologies;
(F) recommendations for funding mechanisms, tax incentives, liability provisions, and changes in statutes and regulations necessary to facilitate the development of individual high-speed ground transportation systems and the completion of a nationwide high-speed ground transportation network;
(G) an examination of the effect of the construction and operation of high-speed ground transportation systems on regional employment and economic growth;
(H) recommendations for the roles appropriate for local, regional, and State governments to facilitate construction of high-speed ground transportation systems, including the roles of regional economic development authorities;
(I) an assessment of the potential for a high-speed ground transportation technology export market;
(J) recommendations regarding the coordination and centralization of Federal efforts relating to high-speed ground transportation;
(K) an examination of the role of the National Railroad Passenger Corporation in the development and operation of high-speed ground transportation systems; and
(L) any other economic or financial analyses the Secretary considers important for carrying out this section.
(3) The technical assessment referred to in paragraph (1)(B) shall include—
(A) an examination of the various technologies developed for use in the transportation of passengers by high-speed ground transportation, including a comparison of the safety (including dangers associated with grade crossings), energy efficiency, operational efficiencies, and environmental impacts of each system;
(B) an examination of the potential role of a United States designed maglev system, developed as a prototype under section 1036(b) of the Intermodal Surface Transportation Efficiency Act of 1991, in relation to the implementation of other high-speed ground transportation technologies and the national transportation system;
(C) an examination of the work being done to establish safety standards for high-speed ground transportation as a result of the enactment of section 7 of the Rail Safety Improvement Act of 1988;
(D) an examination of the need to establish appropriate technological, quality, and environmental standards for high-speed ground transportation systems;
(E) an examination of the significant unresolved technical issues surrounding the design, engineering, construction, and operation of high-speed ground transportation systems, including the potential for the use of existing rights-of-way;
(F) an examination of the effects on air quality, energy consumption, noise, land use, health, and safety as a result of the decreases in traffic volume on other modes of transportation that are expected to result from the full-scale development of high-speed ground transportation systems; and
(G) any other technical assessments the Secretary considers important for carrying out this section.
(e)(1) Within 12 months after the submission of the study required by subsection (d), the Secretary shall establish the national high-speed ground transportation policy (hereinafter in this section referred to as the “Policy”).
(2) The Policy shall include—
(A) provisions to promote the design, construction, and operation of high-speed ground transportation systems in the United States;
(B) a determination whether the various competing high-speed ground transportation technologies can be effectively integrated into a national network and, if not, whether 1 or more such technologies should receive preferential encouragement from the Federal Government to enable the development of such a national network;
(C) a strategy for prioritizing the markets and corridors in which the construction of high-speed ground transportation systems should be encouraged; and
(D) provisions designed to promote American competitiveness in the market for high-speed ground transportation technologies.
(3) The Secretary shall solicit comments from the public in the development of the Policy and may consult with other Federal agencies as appropriate in drafting the Policy.
(Added Pub. L. 102–240, title I, §1036(c)(1), Dec. 18, 1991, 105 Stat. 1982.)
References in Text
Section 1036(b) of the Intermodal Surface Transportation Efficiency Act of 1991, referred to in subsecs. (b)(2)(A) and (d)(3)(B), is section 1036(b) of Pub. L. 102–240, which is set out below.
The Stevenson-Wydler Technology Innovation Act of 1980, referred to in subsec. (c)(3), is Pub. L. 96–480, Oct. 21, 1980, 94 Stat. 2311, as amended, which is classified generally to chapter 63 (§3701 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 3701 of Title 15 and Tables.
Section 7 of the Rail Safety Improvement Act of 1988, referred to in subsec. (d)(3)(C), is section 7 of Pub. L. 100–342, which amended section 431 of Title 45, Railroads.
Effective Date
Section effective Dec. 18, 1991, and applicable to funds authorized to be appropriated or made available after Sept. 30, 1991, and, with certain exceptions, not applicable to funds appropriated or made available on or before Sept. 30, 1991, see section 1100 of Pub. L. 102–240, set out as an Effective Date of 1991 Amendment note under section 104 of Title 23, Highways.
National Magnetic Levitation Prototype Development Program
Section 1036(b) of Pub. L. 102–240 provided that:
“(1)
“(2)
“(A)
“(B)
“(C)
“(3)
“(A) they determine that the applicant has demonstrated technical merit for the conceptual design and the potential for further development of such design into an operational prototype as described in paragraph (4),
“(B) the applicant agrees to submit the detailed design within such 18-month period to the Maglev Project Office and the selection committee described in paragraph (4), and
“(C) the applicant agrees to provide for matching of the phase two contract at an 80 percent Federal, 20 percent non-Federal, cost share.
“(4)
“(A)
“(i) 1 member to be appointed by the Secretary,
“(ii) 1 member to be appointed by the Assistant Secretary,
“(iii) 3 members to be appointed by the Senate majority and minority leaders, and
“(iv) 3 members to be appointed by the Speaker of the House and the minority leader of the House,
shall be appointed not later than 1 year following the award of contracts under paragraph (3). The selection committee, within 3 months of receiving the detailed designs developed under paragraph (3), shall make a recommendation to the Secretary and the Assistant Secretary as to the best prototype design or the unsuitability of any design. The program director shall provide technical reviews of the phase two contract reports to the selection committee and otherwise provide any technical assistance that the committee requires to assist it in making a recommendation. In the event that the Secretary and the Assistant Secretary determine jointly not to select a design for development under this subsection, they shall report to Congress on the basis for such determination, together with recommendations for future action, including further research, development, or design, termination of the program, or such other action as may be appropriate.
“(B)
“(C)
“(i) The project shall be capable of utilizing Interstate highway rights-of-way along or above a significant portion of its route, and may also use railroad rights-of-way along or above any portion of the railroad route.
“(ii) The total length of guideway shall be at least 19 miles and allow significant full-speed operations between stops.
“(iii) The project shall be constructed and ready for operational testing within 3 years after the award of the contract or grant.
“(iv) The project shall provide for the conversion of the prototype to commercial operation after testing and technical evaluation is completed.
“(v) The project shall be located in an area that provides a potential ridership base for future commercial operation.
“(vi) The project shall utilize a technology capable of being applied in commercial service in most parts of the contiguous United States.
“(vii) The project shall have at least 1 switch.
“(viii) The project shall be intermodal in nature connecting a major metropolitan area with an airport, port, passenger rail station, or other transportation mode.
“(D)
“(5)
“(A)
“(B)
“(6)
“(7)
SUBCHAPTER II—ADMINISTRATIVE
§321. Definitions
In this subchapter, “aeronautics”, “air commerce”, and “air navigation facility” have the same meanings given those terms in section 40102(a) of this title.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2422; Pub. L. 98–216, §2(2), Feb. 14, 1984, 98 Stat. 5; Pub. L. 103–272, §5(m)(8), July 5, 1994, 108 Stat. 1376; Pub. L. 103–429, §6(2), Oct. 31, 1994, 108 Stat. 4378.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 321 | (no source). |
A number of the source provisions of the subchapter are taken from 49:ch. 20. The text of 49:ch. 20 contains general definitions, some of which are used in those source provisions. The section includes those definitions from 49:ch. 20 that are used in the source provisions included in the subchapter.
Pub. L. 103–429
This makes a clarifying amendment to 49:321.
Amendments
1994—Pub. L. 103–429 struck out “, respectively” after “of this title”.
Pub. L. 103–272 substituted “section 40102(a) of this title” for “section 101(2), (4), and (8) of the Federal Aviation Act of 1958 (49 App. U.S.C. 1301(2), (4), (8))”.
1984—Pub. L. 98–216 substituted “49 App. U.S.C.” for “49 U.S.C.”.
Effective Date of 1994 Amendment
Section 9 of Pub. L. 103–429 provided that: “The amendments made by sections 6(2)–(15), (19)–(35), (37)–(39), (41), (44)–(52), (54)–(62), (65), (66)(B), (70), (73)–(76), and (78)–(81) of this Act [enacting section 41312 of this title and amending this section and sections 5103, 5104, 5115, 5125, 5307, 5318, 5320, 5323, 5326, 5327, 5331, 5337, 5565, 20136, 22108, 24501, 24904, 30141, 30165, 30166, 30308, 31501, 32101, 32304, 32309, 32505, 32703, 32705, 32706, 32908 to 32910, 32913, 33101, 33106, 40102, 40104, 40110, 41103, 41110, 41734, 44502, 44701, 44711, 44937, 45105, 45302, 46301, 46310, 46502, 47101, 47113, 47114, 47128, 47531, 47532, 60109, and 60112 of this title] shall take effect on July 5, 1994.”
§322. General powers
(a) The Secretary of Transportation may prescribe regulations to carry out the duties and powers of the Secretary. An officer of the Department of Transportation may prescribe regulations to carry out the duties and powers of the officer.
(b) The Secretary may delegate, and authorize successive delegations of, duties and powers of the Secretary to an officer or employee of the Department. An officer of the Department may delegate, and authorize successive delegations of, duties and powers of the officer to another officer or employee of the Department. However, the duties and powers specified in sections 103(c)(1), 104(c)(1), and 106(g)(1) of this title may not be delegated to an officer or employee outside the Administration concerned.
(c) On a reimbursable basis when appropriate, the Secretary may, in carrying out aviation duties and powers—
(1) use the available services, equipment, personnel, and facilities of other civilian or military departments, agencies, and instrumentalities of the United States Government, with their consent;
(2) cooperate with those departments, agencies, and instrumentalities in establishing and using aviation services, equipment, and facilities of the Department; and
(3) confer and cooperate with, and use the services, records, and facilities of, State, territorial, municipal, and other agencies.
(d) The Secretary may make expenditures to carry out aviation duties and powers, including expenditures for—
(1) rent and personal services;
(2) travel expenses;
(3) office furniture, equipment, supplies, lawbooks, newspapers, periodicals, and reference books, including exchanges;
(4) printing and binding;
(5) membership in and cooperation with domestic or foreign organizations related to, or a part of, the civil aeronautics industry or the art of aeronautics;
(6) payment of allowances and other benefits to employees stationed in foreign countries to the same extent authorized for members of the Foreign Service of comparable grade;
(7) investigations and studies about aeronautics; and
(8) acquiring, exchanging, operating, and maintaining passenger-carrying aircraft and automobiles and other property.
(e) The Secretary may negotiate, without advertising, the purchase of technical or special property related to air navigation when the Secretary decides that—
(1) making the property would require a substantial initial investment or an extended period of preparation; and
(2) procurement by advertising would likely result in additional cost to the Government by duplication of investment or would result in duplication of necessary preparation that would unreasonably delay procuring the property.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2422.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 322(a) | 49:1657(e)(1) (last 19 words), (2) (last 19 words), (f), (g). | Oct. 15, 1966, Pub. L. 89–670, §9(e)–(g), 80 Stat. 944. |
| 322(b) | 49:1344(d) (less words after semicolon). | Aug. 23, 1958, Pub. L. 85–726, §§302(k), 303(a), (d) (less words after semicolon), 80 Stat. 747, 749. |
| 49:1657(e)(1) (less last 19 words), (2) (less last 19 words), (3). | ||
| 5 App. U.S.C. | Reorg. Plan No. 2 of 1968, eff. July 1, 1968, §2, 82 Stat. 1369. | |
| 322(c) | 49:1343(i). | |
| 322(d) | 49:1344(a). | |
| 322(e) | 49:1344(e). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §303(e); added May 21, 1970, Pub. L. 91–258, §51(a)(1), 84 Stat. 234; July 12, 1976, Pub. L. 94–353, §16, 90 Stat. 882; Oct. 19, 1980, Pub. L. 96–470, §112(e), 94 Stat. 2240. |
In the chapter, the words “Secretary of Transportation” and “Secretary” are substituted for “Administrator” in the provisions of the Federal Aviation Act of 1958 (Pub. L. 85–726, 72 Stat. 731) restated in the revised chapter because of the transfer of aviation functions to the Secretary under 49:1655(c)(1).
In subsection (a), the words “may prescribe regulations to carry out the duties and powers” are substituted for “may make such rules and regulations as may be necessary to carry out . . . functions, powers, and duties” for consistency and to eliminate unnecessary words. The text of 49:1657(f) and (g) is omitted as executed because the transfer of personnel, assets, and liabilities, etc., has been accomplished.
In subsection (b), the words “Except where this chapter vests in any administration, agency or board, specific functions, powers, and duties” before “the Secretary may” in 49:1657(e)(1) are omitted because of the specific wording of sections 103, 104, and 106 of the revised title. The words “in addition to the authority to delegate and redelegate contained in any other Act in the exercise of the functions transferred to or vested in the Secretary in this chapter” before “delegate” in 49:1657(e)(1) are omitted because the authority of the Secretary to delegate is consolidated in the subsection. The words “the duties and powers of the Secretary” are substituted for “any of his residual functions, powers, and duties” in 49:1657(e)(1) and “any of the functions transferred to him by this reorganization plan” in section 2 of Reorganization Plan No. 2 of 1968 (eff. July 1, 1968, 82 Stat. 1369), for clarity and consistency. The words “as he may designate” and “of such functions, powers, and duties as he may deem desirable” are omitted as surplus each place they appear in 49:1657(e)(1) and (2). The text of section 322(b) (1st sentence) of the revised title is substituted for 49:1344(d) (less words after semicolon) for clarity and because of the transfer of aviation functions to the Secretary of Transportation under 49:1655(c)(1). The text of 49:1657(e)(2) (words before 2d comma) is omitted as unnecessary because the authority of an officer to delegate is consolidated in the subsection. The words “the duties and powers of the officer” are substituted for “such functions, powers, and duties” in 49:1657(e)(2) for clarity and consistency. The words “the duties and powers specified in sections 103(c)(1), 104(c)(1), and 106(g)(1) of this title” are substituted for “any of the statutory duties and responsibilities specifically assigned to them by this chapter” in 49:1657(e)(3) for clarity. The words “may not be delegated to an officer or employee outside the Administration concerned” are substituted for “The Administrators established by section 1652(e) of this title . . . may not delegate . . . outside of their respective administrations” in 49:1657(e)(3) for clarity and because of the restatement of the section.
In subsection (c), before clause (1), the words “aviation duties and powers” are added because the source provisions being restated only applies to carrying out duties and powers related to the Federal Aviation Administration. In clause (2), the words “those departments, agencies, and instrumentalities” are substituted for “such other agencies and instrumentalities” in 49:1343(i) for clarity and consistency. The words “aviation . . . Department” are substituted for “Administration” in 49:1343(i) because of the transfer of aviation functions to the Secretary under 49:1655(c)(1).
In subsection (d), before clause (1), the words “aviation duties and powers” are substituted for “for the exercise and performance of the powers and duties vested in and imposed upon him by law” in 49:1344(a) because the source provisions being restated only applies to carrying out duties and powers related to the Federal Aviation Administration. The words “at the seat of government and elsewhere as may be necessary” after “expenditures” and “and as from time to time may be appropriated for by Congress” are omitted as surplus. In clause (8), the words “passenger-carrying aircraft and automobiles” are substituted for “passenger-carrying automobiles and aircraft” in 49:1344(a) for clarity. The words “such . . . as is necessary in the exercise and performance of the powers and duties of the Secretary” after “aircraft” in 49:1344(a) are omitted as unnecessary because of the restatement of the section. The text of 49:1344(a) (proviso) is omitted as unnecessary.
In subsection (e), before clause (1), the words “or in support of” are omitted as surplus. In clause (1), the words “making the property” are substituted for “for manufacture” for clarity. In clause (2), the word “formal” is omitted as unnecessary. The word “unreasonably” is substituted for “unduly” for consistency.
Availability of Receipts From Fitness Centers For Operation and Maintenance of Facilities
Pub. L. 106–69, title III, §329, Oct. 9, 1999, 113 Stat. 1021, provided that: “Hereafter, notwithstanding any other provision of law, receipts, in amounts determined by the Secretary, collected from users of fitness centers operated by or for the Department of Transportation shall be available to support the operation and maintenance of those facilities.”
Similar provisions were contained in the following prior appropriation acts:
Pub. L. 105–277, div. A, §101(g) [title III, §332], Oct. 21, 1998, 112 Stat. 2681–439, 2681–471.
Pub. L. 105–66, title III, §332, Oct. 27, 1997, 111 Stat. 1447.
Pub. L. 104–205, title III, §344, Sept. 30, 1996, 110 Stat. 2976.
Executive Order No. 11382
Ex. Ord. No. 11382, Nov. 28, 1967, 32 F.R. 16247, as amended by Ex. Ord. No. 11428, Sept. 5, 1968, 32 F.R. 12719, upon establishment of Department of Transportation amended and revoked certain executive orders relating to transportation, and, in addition to any other authority, authorized Secretary of Transportation and Federal Aviation Administrator to redelegate and authorize successive redelegations of any authority conferred in the order or the orders amended by it.
§323. Personnel
(a) The Secretary of Transportation may appoint and fix the pay of officers and employees of the Department of Transportation and may prescribe their duties and powers.
(b) The Secretary may procure services under section 3109 of title 5. However, an individual may be paid not more than $100 a day for services.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2423.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 323(a) | 49:1343(d). | Aug. 23, 1958, Pub. L. 85–726, §302(f), 72 Stat. 746; Oct. 4, 1961, Pub. L. 87–367, §205(b), 75 Stat. 791; Oct. 11, 1962, Pub. L. 87–793, §1001(h), 76 Stat. 864. |
| 49:1343(f). | Aug. 23, 1958, Pub. L. 85–726, §302(h), 72 Stat. 746; Oct. 4, 1961, Pub. L. 87–367, §205(a), 75 Stat. 791. | |
| 49:1657(a). | Oct. 15, 1966, Pub. L. 89–670, §9(a), (b), 80 Stat. 944; Mar. 27, 1978, Pub. L. 95–251, §2(a)(12), 92 Stat. 183. | |
| 323(b) | 49:1343(g) (1st sentence 33d–43d words). | Aug. 23, 1958, Pub. L. 85–726, §302(i) (1st sentence 31st–41st words), 72 Stat. 747. |
| 49:1657(b). |
In the section, the word “pay” is substituted for “compensation” for consistency with title 5.
In subsection (a), the words “In addition to the authority contained in any other Act which is transferred to and vested in the Secretary, the National Transportation Safety Board, or any other officer in the Department” before “the Secretary” and “subject to the civil service and classification laws” before “to select” in 49:1657(a) are omitted as unnecessary because of title 5, especially sections 3301, 5101, and 5331. The word “appoint” is substituted for “select, employ, appoint” because it is inclusive. The words “attorneys, and agents” after “employees” in 49:1343(d) and “including investigators, attorneys, and administrative law judges” after “employees” in 49:1657(a) are omitted as included in “officers and employees”. The words “of the Department of Transportation” are substituted for “as are necessary to carry out the provisions of this chapter” for consistency.
The text of 49:1343(d) (words after 1st comma) is omitted because of section 414(a)(1)(B) of the Civil Service Reform Act of 1978 (Pub. L. 95–454, 92 Stat. 1177). The text of 49:1343(f) is omitted because of section 414(a)(2)(A) of that Act.
In subsection (b), the word “procure” is substituted for “obtain” to conform to 5:3109. The words “unless otherwise specified in an appropriation Act” after “individuals” in 49:1657(b) are omitted as surplus.
§324. Members of the armed forces
(a) The Secretary of Transportation—
(1) to ensure that national defense interests are safeguarded properly and that the Secretary is advised properly about the needs and special problems of the armed forces, shall provide for participation of members of the armed forces in carrying out the duties and powers of the Secretary related to the regulation and protection of air traffic, including providing for, and research and development of, air navigation facilities, and the allocation of airspace; and
(2) may provide for participation of members of the armed forces in carrying out other duties and powers of the Secretary.
(b) A member of the Coast Guard on active duty may be appointed, detailed, or assigned to a position in the Department of Transportation, except the position of Secretary, Deputy Secretary, or Assistant Secretary for Administration. A retired member of the Coast Guard may be appointed, detailed, or assigned to a position in the Department.
(c) The Secretary of Transportation and the Secretary of a military department may make cooperative agreements, including agreements on reimbursement as may be considered appropriate by the Secretaries, under which a member of the armed forces may be appointed, detailed, or assigned to the Department of Transportation under this section. The Secretary of Transportation shall send a report each year to the appropriate committees of Congress on agreements made to carry out subsection (a)(2) of this section, including the number, rank, and position of each member appointed, detailed, or assigned under those agreements.
(d) The Secretary of a military department does not control the duties and powers of a member of the armed forces appointed, detailed, or assigned under this section when those duties and powers pertain to the Department of Transportation. A member of the armed forces appointed, detailed, or assigned under subsection (a)(2) of this section may not be charged against a statutory limitation on grades or strengths of the armed forces. The appointment, detail, or assignment and service of a member under this section to a position in the Department of Transportation does not affect the status, office, rank, or grade held by that member, or a right or benefit arising from that status, office, rank, or grade.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2423.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 324(a)(1) | 49:1343(a)(1) (1st sentence). | Aug. 23, 1958, Pub. L. 85–726, §302(c)(1), (2) (related to cooperative agreements), 72 Stat. 745. |
| 324(a)(2) | 49:1657(c) (1st sentence). | Oct. 15, 1966, Pub. L. 89–670, §9(c), (d), 80 Stat. 944. |
| 324(b) | 49:1657(p). | Oct. 15, 1966, Pub. L. 89–670, §9(p), 80 Stat. 947; Oct. 28, 1974, Pub. L. 93–496, §16(b), 88 Stat. 1533. |
| 324(c) | 49:1343(a)(1) (less 1st sentence). | |
| 49:1657(c) (less 1st sentence), (d)(2). | ||
| 324(d) | 49:1343(a)(2) (related to cooperative agreements). | |
| 49:1657(d)(1). |
In the section, the words “members of the armed forces” are substituted for “military personnel”, “Members of the Army, the Navy, the Air Force, or the Marine Corps”, and “members of the armed services” for clarity and to conform to title 10.
In subsection (a)(2), the words “other duties and powers of the Secretary” are substituted for “the functions of the Department” for clarity and consistency.
In subsection (b), the words “Notwithstanding any provision of this chapter or other law” before “a member” and “Subject to the provisions of title 5” before “a retired” are omitted as unnecessary.
In subsection (c), the words “The Secretary of Transportation and the Secretary of a military department may make cooperative agreements under which” are substituted for “by the appropriate Secretary, pursuant to cooperative agreements with the Secretary of Transportation” in 49:1343(a)(1) and 49:1657(c) for clarity. The words “or the Coast Guard” before “may be detailed” in 49:1343(a)(1) (2d sentence) are omitted because of the transfer of the Coast Guard to the Secretary under 49:1655(b) and the transfer of aviation functions to the Secretary under 49:1655(c)(1). The words “may be appointed, detailed, or assigned” are substituted for “may be detailed” for clarity and consistency in 49:1343(a)(1) and 49:1657(c). The words “to the Department of Transportation” are substituted for “for service in the Administration to effect such participation” in 49:1343(a)(1) because of the transfer of aviation functions to the Secretary under 49:1655(c)(1) and to eliminate unnecessary words. The words “in writing” after “annually” in 49:1657(d)(2) are omitted as unnecessary. The words “each member appointed, detailed, or assigned” are substituted for “personnel appointed” and “members of the armed services detailed” in 49:1657(d)(2) for clarity and consistency.
In subsection (d), the words “The Secretary of a military department” are substituted for “his armed force or any officer thereof” in 49:1657(d)(1) and “the department from which detailed or appointed or by any agency or officer thereof” in 49:1343(a)(2) for clarity and consistency. The words “directly or indirectly” before “with respect to” are omitted as surplus. The words “the duties and powers of . . . when those duties and powers pertain to the Department of Transportation” are substituted for “with respect to his responsibilities under this chapter or within the Administration” in 49:1343(a)(2) and “with respect to the responsibilities exercised in the position to which appointed, detailed, or assigned” in 49:1657(d)(1) for consistency and because of the transfer of aviation functions to the Secretary under 49:1655(c)(1). The words “does not control” are substituted for “No . . . shall be subject to direction or control by” in 49:1343(a)(2) and “shall not be subject to direction by or control by” 49:1657(d)(1) for clarity. The words “the acceptance of” before “and service” and “any appointive or other” before “position” in 49:1657(d)(1) are omitted as unnecessary. The words “a member” are added because of the restatement of the section. The words “that member” are substituted for “commissioned officers or enlisted men” in 49:1343(a)(2) and “officers and enlisted men” in 49:1657(d)(1) because of the restatement of the section and to eliminate unnecessary words. The word “held” is substituted for “may occupy or hold” to eliminate unnecessary words. The words “right or benefit” are substituted for “emolument, perquisite, right, privilege, or benefit” to eliminate unnecessary words. The words “incident to or” before “arising” are omitted as surplus.
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which a report required under subsec. (c) of this section is listed as the 5th item on page 132), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance.
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
§325. Advisory committees
(a) Without regard to the provisions of title 5 governing appointment in the competitive service, the Secretary of Transportation may appoint advisory committees to consult with and advise the Secretary in carrying out the duties and powers of the Secretary.
(b) While attending a committee meeting or otherwise serving at the request of the Secretary, a member of an advisory committee may be paid not more than $100 a day. A member is entitled to reimbursement for expenses under section 5703 of title 5. This subsection does not apply to individuals regularly employed by the United States Government.
(c) A member of an advisory committee advising the Secretary in carrying out aviation duties and powers may serve for not more than 100 days in a calendar year.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2424.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 325(a) | 49:1343(g) (1st sentence 1st–32d words). | Aug. 23, 1958, Pub. L. 85–726, §302(i) (less 1st sentence 31st–41st words), 72 Stat. 747. |
| 49:1657(o) (1st sentence). | Oct. 15, 1966, Pub. L. 89–670, §9(o), 80 Stat. 947. | |
| 325(b) | 49:1343(g) (1st sentence 44th–53d words, last sentence). | |
| 49:1657(o) (last sentence). | ||
| 325(c) | 49:1343(g) (1st sentence 54th–last words). |
In subsection (a), the words “provisions of title 5 governing appointment in the competitive service” are substituted for “civil service laws” in 49:1657(o) for clarity and consistency. The words “as shall be appropriate for the purpose of” before “consultation” in 49:1657(o) are omitted as surplus. The words “the Secretary in carrying out the duties and powers of the Secretary” are substituted for “the Department in performance of its functions” in 49:1657(o) and “the Administration in performance of its functions hereunder” in 49:1343(g) for clarity and consistency because the duties and powers are vested in the Secretary of Transportation.
In subsection (b), the word “compensation” after “may be paid” in 49:1657(o) is omitted as surplus. The words “not more than $100 a day” are substituted for “at rates not exceeding those authorized for individuals under subsection (b) of this section” in 49:1657(o) for clarity because that is the rate under 49:1657(b). The words “A member is entitled to reimbursement for expenses under section 5703 of title 5” are substituted for 49:1343(g) (last sentence) and 49:1657(o) (last sentence words after 4th comma) for clarity.
In subsection (c), the words “A member of an advisory committee advising the Secretary” are substituted for “in the case of any individual” in 49:1343(g) for clarity. The words “may serve” are added for clarity and because of the restatement of the section. The words “in carrying out aviation duties and powers” are added because the source provisions being restated only applies to carrying out duties and powers related to the Federal Aviation Administration.
Termination of Advisory Committees
Advisory committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 14 of Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title 5, Government Organization and Employees.
§326. Gifts
(a) The Secretary of Transportation may accept and use conditional or unconditional gifts of property for the Department of Transportation. The Secretary may accept a gift of services in carrying out aviation duties and powers. Property accepted under this section and proceeds from that property must be used, as nearly as possible, under the terms of the gift.
(b) The Department has a fund in the Treasury. Disbursements from the fund are made on order of the Secretary. The fund consists of—
(1) gifts of money;
(2) income from property accepted under this section and proceeds from the sale of that property; and
(3) income from securities under subsection (c) of this section.
(c) On request of the Secretary of Transportation, the Secretary of the Treasury may invest and reinvest amounts in the fund in securities of, or in securities whose principal and interest is guaranteed by, the United States Government.
(d) Property accepted under this section is a gift to or for the use of the Government under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2424; Pub. L. 99–514, §2, Oct. 22, 1986, 100 Stat. 2095.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 326(a) | 49:1344(c)(1). | Aug. 23, 1958, Pub. L. 85–726, §303(c)(1), 72 Stat. 748. |
| 49:1657(m)(1) (1st, 3d sentences). | Oct. 15, 1966, Pub. L. 89–670, §9(m), 80 Stat. 946. | |
| 326(b) | 49:1657(m)(1) (2d sentence), (3) (less 1st sentence). | |
| 326(c) | 49:1657(m)(3) (1st sentence). | |
| 326(d) | 49:1657(m)(2). |
In the section, the word “gifts” is substituted for “gifts and bequests” in 49:1657(m)(1) because it is inclusive.
In subsection (a), the words “accept and use” are substituted for “accept, hold, administer, and utilize”, and the words “for the Department” are substituted for “for the purpose of aiding or facilitating the work of the Department” in 49:1657(m)(1), to eliminate unnecessary words. The word “property” is substituted for “property, both real and personal” in 49:1657(m)(1), and “gift or donation of money or other property, real and personal” in 49:1344(c)(1) to eliminate unnecessary words. The words “aviation duties and powers” are added because the source provisions being restated only applies to carrying out duties and powers related to the Federal Aviation Administration. The words “under this section and proceeds from that property” are substituted for “pursuant to this paragraph, and the proceeds thereof” in 49:1657(m)(1) for clarity.
In subsection (b), the words “The Department has a” and “The fund consists of” are added for clarity and because of the restatement of the section. The word “separate” before “fund” is omitted as unnecessary and for consistency. The words “from the fund” are added for clarity. The words “accepted under this section” are substituted for “held by the Secretary pursuant to paragraph (1)” for clarity. The words “that property” are substituted for “other property received as gifts or bequests” to eliminate unnecessary words. The words “from securities under subsection (c) of this section” are substituted for “accruing from such securities” for clarity.
In subsection (c), the words “amounts in the fund” are substituted for “any moneys contained in the fund provided for in paragraph (1)” for clarity and consistency.
In subsection (d), the words “under this section” are substituted for “under paragraph (1)” because of the restatement of the section. The words “the Internal Revenue Code of 1954 (26 U.S.C. 1 et seq.)” are substituted for “For the purpose of Federal income, estate, and gift taxes” for consistency.
Amendments
1986—Subsec. (d). Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”.
§327. Administrative working capital fund
(a) The Department of Transportation has an administrative working capital fund. Amounts in the fund are available for expenses of operating and maintaining common administrative services the Secretary of Transportation decides are desirable for the efficiency and economy of the Department. The services may include—
(1) a central supply service for stationery and other supplies and equipment through which adequate stocks may be maintained to meet the requirements of the Department;
(2) central messenger, mail, telephone, and other communications services;
(3) office space;
(4) central services for document reproduction, and for graphics and visual aids; and
(5) a central library service.
(b) Amounts in the fund are available without regard to fiscal year limitation. Amounts may be appropriated to the fund.
(c) The fund consists of—
(1) amounts appropriated to the fund;
(2) the reasonable value of stocks of supplies, equipment, and other assets and inventories on order that the Secretary transfers to the fund, less the related liabilities and unpaid obligations;
(3) amounts received from the sale or exchange of property; and
(4) payments received for loss or damage to property of the fund.
(d) The fund shall be reimbursed, in advance, from amounts available to the Department or from other sources, for supplies and services at rates that will approximate the expenses of operation, including the accrual of annual leave and the depreciation of equipment. Amounts in the fund, in excess of amounts transferred or appropriated to maintain the fund, shall be deposited in the Treasury as miscellaneous receipts. All assets, liabilities, and prior losses are considered in determining the amount of the excess.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2425.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 327(a) | 49:1657(j) (1st sentence less 11th–17th words). | Oct. 15, 1966, Pub. L. 89–670, §9(j), 80 Stat. 945. |
| 327(b) | 49:1657(j) (1st sentence 11th–17th words, 2d sentence, 18th–22d words). | |
| 327(c) | 49:1657(j) (2d sentence less 18th–22d words, 4th sentence). | |
| 327(d) | 49:1657(j) (less 1st, 2d, 4th sentences). |
In subsection (a), the words “Department of Transportation has” are substituted for “Secretary is authorized to establish” because the working capital fund has been established. The words “administrative” before “working” and “Amounts in the fund are available” are added for clarity. The words “the Secretary of Transportation decides are” are substituted for “as he shall find to be” for clarity. The words “desirable for the economy” are substituted for “desirable in the interest of economy” to eliminate unnecessary words. The words “such services as” before “a central supply service” and “in whole or in part” before “the requirements of the Department” are omitted as surplus. The words “the requirements of the Department” are substituted for “the requirements of the Department and its agencies” because they are inclusive.
In subsection (b), the words “Amounts in the fund” are added for clarity. The words “Amounts may be appropriated to the fund” are substituted for “(which appropriations are hereby authorized)” for clarity.
In subsection (c), the words “The fund consists of” are substituted for “The capital of the fund shall consist of” and “The fund shall also be credited with” for clarity. The word “reasonable” is substituted for “fair and reasonable” because it is inclusive. The words “amounts appropriated to the fund” are substituted for “of any appropriations made for the purpose of providing capital” for clarity. The words “amounts received from the sale” are substituted for “receipts from the sale”, and the words “payments received for loss” are substituted for “receipts in payment for”, as being more precise.
In subsection (d), the words “agencies and offices in” after “available funds of” are omitted because they are included in “Department”. The words “Amounts in the fund, in excess of amounts” are added for clarity. The words “any surplus found in the fund . . . above the” after “miscellaneous receipts” are omitted because of the restatement of this section. The words “to establish and” before “maintain” are omitted because the working capital fund has been established. The words “deposited in the Treasury” are substituted for “covered into the United States Treasury” for consistency. The words “are . . . in determining the amount of the excess” are added for clarity.
§328. Transportation Systems Center working capital fund
(a) The Department of Transportation has a Transportation Systems Center working capital fund. Amounts in the fund are available for financing the activities of the Center, including research, development, testing, evaluation, analysis, and related activities the Secretary of Transportation approves, for the Department, other agencies, State and local governments, other public authorities, private organizations, and foreign countries.
(b) Amounts in the fund are available without regard to fiscal year limitation. Amounts may be appropriated to the fund.
(c) The capital of the fund consists of—
(1) amounts appropriated to the fund;
(2) net assets of the Center as of October 1, 1980, including unexpended advances made to the Center for which valid obligations were incurred before October 1, 1980;
(3) the reasonable value of property and other assets transferred to the fund after September 30, 1980, less the related liabilities and unpaid obligations; and
(4) the reasonable value of property and other assets donated to the fund.
(d) The fund shall be reimbursed or credited with—
(1) advance payments from applicable funds or appropriations of the Department and other agencies, and with advance payments from other sources, the Secretary authorizes, for—
(A) services at rates that will recover the expenses of operation, including the accrual of annual leave and overhead; and
(B) acquiring property and equipment under regulations the Secretary prescribes; and
(2) receipts from the sale or exchange of property or in payment for loss or damage of property held by the fund.
(e) The Secretary shall deposit at the end of each fiscal year, in the Treasury as miscellaneous receipts, amounts accruing in the fund that the Secretary decides are in excess of the needs of the fund.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2425.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 328(a) | 49:1657(r)(1) (1st sentence, 2d sentence words before last comma, last sentence). | Oct. 15, 1966, Pub. L. 89–670, 80 Stat. 931, §9(r); added May 30, 1980, Pub. L. 96–254, §207, 94 Stat. 413. |
| 328(b) | 49:1657(r)(1) (2d sentence words after last comma), (2)(B) (words after last comma). | |
| 328(c) | 49:1657(r)(2)(A), (B) (words before last comma), (C). | |
| 328(d) | 49:1657(r)(3). | |
| 328(e) | 49:1657(r)(4). |
In subsection (a), the words “Department of Transportation has” are substituted for “Secretary is authorized to establish” because the working capital fund has been established. The text of 49:1657(r)(1) (2d sentence words before last comma) are omitted as executed. The words “The Transportation Systems Center is authorized to perform” are omitted as unnecessary because of the restatement. The word “approves” is substituted for “direct . . . and, when approved by the Secretary” to eliminate unnecessary words. The words “or his designee” are omitted because of section 322(b) of the revised title.
In subsection (c)(3) and (4), the words “fair and” are omitted as surplus.
In subsection (c)(3), the words “by the Department and other agencies of the Government” are omitted as surplus.
In subsection (c)(4), the words “from other sources” are omitted as surplus.
In subsection (d)(1), before clause (A), the words “or his designee” are omitted because of section 322(b) of the revised title.
In subsection (e), the words “The Secretary shall deposit” are substituted for “there shall be transferred” for clarity and consistency. The words “in the fund” are added for clarity.
§329. Transportation information
(a) The Secretary of Transportation may collect and collate transportation information the Secretary decides will contribute to the improvement of the transportation system of the United States. To the greatest practical extent, the Secretary shall use information available from departments, agencies, and instrumentalities of the United States Government and other sources. To the extent practical, the Secretary shall make available to other Government departments, agencies, and instrumentalities and to the public the information collected under this subsection.
(b) The Secretary shall—
(1) collect and disseminate information on civil aeronautics (other than that collected and disseminated by the National Transportation Safety Board under chapter 11 of this title) including, at a minimum, information on (A) the origin and destination of passengers in interstate air transportation (as that term is used in part A of subtitle VII of this title), and (B) the number of passengers traveling by air between any two points in interstate air transportation; except that in no case shall the Secretary require an air carrier to provide information on the number of passengers or the amount of cargo on a specific flight if the flight and the flight number under which such flight operates are used solely for interstate air transportation and are not used for providing essential air transportation under subchapter II of chapter 417 of this title;
(2) study the possibilities of developing air commerce and the aeronautical industry; and
(3) exchange information on civil aeronautics with governments of foreign countries through appropriate departments, agencies, and instrumentalities of the Government.
(c)(1) On the written request of a person, a State, territory, or possession of the United States, or a political subdivision of a State, territory, or possession, the Secretary may—
(A) make special statistical studies on foreign and domestic transportation;
(B) make special studies on other matters related to duties and powers of the Secretary;
(C) prepare, from records of the Department of Transportation, special statistical compilations; and
(D) provide transcripts of studies, tables, and other records of the Department.
(2) The person or governmental authority requesting information under paragraph (1) of this subsection must pay the actual cost of preparing the information. Payments shall be deposited in the Treasury in an account that the Secretary shall administer. The Secretary may use amounts in the account for the ordinary expenses incidental to getting and providing the information.
(d) To assist in carrying out duties and powers under part A of subtitle VII of this title, the Secretary of Transportation shall maintain separate cooperative agreements with the Secretary of Defense and the Administrator of the National Aeronautics and Space Administration for the timely exchange of information on their programs, policies, and requirements directly related to carrying out that part.
(e)
(1)
(2)
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2426; Pub. L. 98–216, §2(2), Feb. 14, 1984, 98 Stat. 5; Pub. L. 98–443, §5(a), Oct. 4, 1984, 98 Stat. 1705; Pub. L. 103–272, §4(j)(7), July 5, 1994, 108 Stat. 1366; Pub. L. 104–287, §5(3), Oct. 11, 1996, 110 Stat. 3389; Pub. L. 108–176, title IV, §421, title VIII, §805(a), Dec. 12, 2003, 117 Stat. 2551, 2587.)
Amendment of Subsection (b)(1)
Pub. L. 108–176, title VIII, §805, Dec. 12, 2003, 117 Stat. 2588, provided that, effective on the date of the issuance of a final rule to modernize the Origin and Destination Survey of Airline Passenger Traffic, pursuant to the Advance Notice of Proposed Rulemaking published July 15, 1998 (Regulation Identifier Number 2105–AC71), that reduces the reporting burden for air carriers through electronic filing of the survey data collected under subsection (b)(1) of this section, subsection (b)(1) of this section is amended by striking “except that in no case” and all that follows through the semicolon at the end and inserting the following: “except that, if the Secretary requires air carriers to provide flight-specific information, the Secretary—
“(A) shall not disseminate fare information for a specific flight to the general public for a period of at least 9 months following the date of the flight; and
“(B) shall give due consideration to and address confidentiality concerns of carriers, including competitive implications, in any rulemaking prior to adoption of a rule requiring the dissemination to the general public of any flight-specific fare;”.
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 329(a) | 49:1634. | Sept. 30, 1965, Pub. L. 89–220, §4, 79 Stat. 893. |
| 49:1655(a)(2)(A) (related to 49:1634). | Oct. 15, 1966, Pub. L. 89–670, §§6(a)(2)(A) (related to §4 of the Act of Sept. 30, 1965), 9(n), 80 Stat. 937, 946. | |
| 329(b) | 49:1352. | Aug. 23, 1958, Pub. L. 85–726, §311, 72 Stat. 751. |
| 329(c)(1) | 49:1657(n)(1) (less last 17 words). | |
| 329(c)(2) | 49:1657(n)(1) (last 17 words), (2). | |
| 329(d) | 49:1343(b). | Aug. 23, 1958, Pub. L. 85–726, §302(d), 72 Stat. 746. |
In subsection (a), the word “information” is substituted for “data, statistics, and other information” in 49:1634 to eliminate unnecessary words. The words “transportation system of the United States” are substituted for “national transportation system” in 49:1634 for clarity and consistency. The words “in carrying out this activity” before “the Secretary shall” in 49:1634 are omitted as surplus. The words “departments, agencies, and instrumentalities of the United States Government” are substituted for “Federal agencies” in 49:1634 for clarity and consistency. The words “To the greatest extent practical” are substituted for “insofar as practicable” in 49:1634 for consistency. The words “The Secretary shall” are added for clarity.
In subsection (b), the words “by the National Transportation Safety Board under title VII of the Federal Aviation Act of 1958 (49 U.S.C. 1441 et seq.) or the Civil Aeronautics Board under title IV of that Act (49 U.S.C. 1371 et seq.)” are substituted for “the Board under subchapter IV and VII of this chapter)” in 49:1352 because 49:1655(d) (1st sentence) transferred duties of the Civil Aeronautics Board under 49:ch. 20, subch. VII to the Secretary of Transportation to be carried out through the National Transportation Safety Board. The reference to the National Transportation Safety Board is to the independent Board established by section 303(a) of the Independent Safety Board Act of 1974 (Pub. L. 93–633, 88 Stat. 2167) outside the Department of Transportation and not to the prior Board that was a part of the Department. The words “departments, agencies, and instrumentalities of the Government” are substituted for “government channels” in 49:1352 for clarity and consistency.
In subsection (c)(1), the words “of the United States” are added for clarity and consistency. The words “of a State, territory, or possession” are substituted for “thereof” after “subdivision” for clarity. The words “related to the duties and powers of the Secretary” are substituted for “falling within the province of the Department” for clarity and consistency.
In subsection (c)(2), the words “governmental authority requesting information under paragraph (1) of this subsection” are substituted for “body requesting it” for clarity and consistency. The word “separate” before “account” is omitted as unnecessary and for consistency. The words “must pay” are substituted for “upon the payment” after “other records” for clarity. The words “preparing the information” are substituted for “such work” after “actual cost of” for clarity. The word “payments” is substituted for “All moneys received by the Department in payment of the cost of work under paragraph (1)” to eliminate unnecessary words. The words “in the Treasury” are added for clarity and consistency. The words “The Secretary may use amounts in the account” are substituted for “These moneys may be used, in the discretion of the Secretary” for clarity and to eliminate unnecessary words. The words “to getting and providing the information” are substituted for “to the work and/or to secure in connection therewith the special services of persons who are neither officers nor employees of the United States” for clarity and to eliminate unnecessary words.
In subsection (d), the words “in carrying out duties and powers under the Federal Aviation Act of 1958 (49 U.S.C. 1301 et seq.)” are substituted for “in discharge of responsibilities under this chapter” in 49:1343(b) because of the transfer of aviation functions to the Secretary under 49:1655(c)(1) and for consistency. The words “directly related to carrying out that part” are substituted for “directly relating to such responsibilities” in 49:1343(b) because of the restatement of the source provisions.
Pub. L. 103–272
Section 4(j)(7) amends 49:329 to omit references to overseas air transportation because there no longer is a distinction between interstate air transportation and overseas air transportation.
Pub. L. 104–287
This amends 49:329 to make conforming amendments necessary because of the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 745).
Amendments
2003—Subsec. (e). Pub. L. 108–176, §421, added subsec. (e).
1996—Subsec. (b)(1). Pub. L. 104–287, §5(3)(A), substituted “(as that term is used in part A of subtitle VII of this title)” for “(as those terms are used in such Act)”.
Subsec. (d). Pub. L. 104–287, §5(3)(B), substituted “that part” for “that Act”.
1994—Subsec. (b)(1). Pub. L. 103–272, §4(j)(7)(A), substituted “chapter 11 of this title” for “title VII of the Federal Aviation Act of 1958 (49 U.S.C. 1441 et seq.)”, “in interstate air transportation” for “in interstate and overseas air transportation” in two places, “for interstate air transportation” for “for interstate or overseas air transportation”, and “subchapter II of chapter 417 of this title” for “section 419 of the Federal Aviation Act of 1958”.
Subsec. (d). Pub. L. 103–272, §4(j)(7)(B), substituted “part A of subtitle VII of this title” for “the Federal Aviation Act of 1958 (49 App. U.S.C. 1301 et seq.)”.
1984—Subsec. (b)(1). Pub. L. 98–443 struck out reference to information collected and disseminated by the Civil Aeronautics Board under section 1371 et seq. of this title, and added cls. (A) and (B).
Pub. L. 98–216 substituted “49 App. U.S.C.” for “49 U.S.C.”.
Subsec. (d). Pub. L. 98–216 substituted “49 App. U.S.C.” for “49 U.S.C.”.
Effective Date of 2003 Amendment
Amendment by section 421 of Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
Pub. L. 108–176, title VIII, §805(b), Dec. 12, 2003, 117 Stat. 2588, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on the date of the issuance of a final rule to modernize the Origin and Destination Survey of Airline Passenger Traffic, pursuant to the Advance Notice of Proposed Rulemaking published July 15, 1998 (Regulation Identifier Number 2105–AC71), that reduces the reporting burden for air carriers through electronic filing of the survey data collected under section 329(b)(1) of title 49, United States Code.”
Effective Date of 1984 Amendment
Section 5(b) of Pub. L. 98–443 provided that: “The amendment made by this section [amending this section] shall take effect on January 1, 1985.”
§330. Research contracts
(a) The Secretary of Transportation may make contracts with educational institutions, public and private agencies and organizations, and persons for scientific or technological research into a problem related to programs carried out by the Secretary. Before making a contract, the Secretary must require the institution, agency, organization, or person to show that it is able to carry out the contract.
(b) In carrying out this section, the Secretary shall—
(1) give advice and assistance the Secretary believes will best carry out the duties and powers of the Secretary;
(2) participate in coordinating all research started under this section;
(3) indicate the lines of inquiry most important to the Secretary; and
(4) encourage and assist in establishing and maintaining cooperation by and between contractors and between them and other research organizations, the Department of Transportation, and other departments, agencies, and instrumentalities of the United States Government.
(c) The Secretary may distribute publications containing information the Secretary considers relevant to research carried out under this section.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2427.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 330(a) | 49:1657(q)(1). | Oct. 15, 1966, Pub. L. 89–670, §9(q)(1)–(3), 80 Stat. 947. |
| 49:1657(q)(2) (1st sentence). | ||
| 330(b) | 49:1657(q)(2) (less 1st sentence). | |
| 330(c) | 49:1657(q)(3). |
In subsection (a), the words “may make contracts” are substituted for “is authorized to enter into contracts” to eliminate unnecessary words. The words “the conduct of” before “scientific” are omitted as surplus. The words “a problem” are substituted for “any aspect of the problems” because of the style of the revised title. The words “carried out by the Secretary” are substituted for “of the Department which are authorized by statute” because the Secretary of Transportation is vested with all duties and powers. The words “Before making a contract” are substituted for “with which he expects to enter into contracts pursuant to this subsection” for clarity and to eliminate unnecessary words. The words “is able to carry out the contract” are substituted for “have the capability of doing effective work” for clarity.
In subsection (b), before clause (1), the words “In carrying out this section” are added for clarity. In clause (1), the word “give” is substituted for “furnish” before “such advice” for consistency. The words “duties and powers of the Secretary” are substituted for “mission of the Department” for clarity and consistency. In clause (4), the word “contractors” is substituted for “the institutions, agencies, organizations, or persons” to eliminate unnecessary words. The words “departments, agencies, and instrumentalities of the United States Government” are substituted for “Federal agencies” for clarity and consistency.
In subsection (c), the words “considers relevant” are substituted for “as he deems pertinent” as more precise. The words “from time to time” before “disseminate” and “in the form of reports or . . . to public or private agencies or organizations, or individuals” before “such information” are omitted as unnecessary.
Conflicts of Interest
Pub. L. 106–159, title I, §101(g), Dec. 9, 1999, 113 Stat. 1752, provided that:
“(1)
“(2)
“(A)
“(B)
“(C)
§331. Service, supplies, and facilities at remote places
(a) When necessary and not otherwise available, the Secretary of Transportation may provide for, construct, or maintain the following for officers and employees of the Department of Transportation and their dependents stationed in remote places:
(1) emergency medical services and supplies.
(2) food and other subsistence supplies.
(3) messing facilities.
(4) motion picture equipment and film for recreation and training.
(5) living and working quarters and facilities.
(6) reimbursement for food, clothing, medicine, and other supplies provided by an officer or employee in an emergency for the temporary relief of individuals in distress.
(b) The Secretary shall prescribe reasonable charges for medical treatment provided under subsection (a)(1) of this section and for supplies and services provided under subsection (a)(2) and (3) of this section. Amounts received under this subsection shall be credited to the appropriation from which the expenditure was made.
(c) When appropriations for a fiscal year for aviation duties and powers have not been made before June 1 immediately before the beginning of the fiscal year, the Secretary may designate an officer, and authorize that officer, to incur obligations to buy and transport supplies to carry out those duties and powers at installations outside the 48 contiguous States and the District of Columbia. The amount obligated under this subsection in a fiscal year may be not more than 75 percent of the amount available for buying and transporting supplies to those installations for the then current fiscal year. Payment of obligations under this subsection shall be made from appropriations for the next fiscal year when available.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2427; Pub. L. 103–272, §4(j)(8), July 5, 1994, 108 Stat. 1367.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 331(a) | 49:1657(l) (less last sentence). | Oct. 15, 1966, Pub. L. 89–670, §9(l), 80 Stat. 946. |
| 331(b) | 49:1657(l) (last sentence). | |
| 331(c) | 49:1344(b). | Aug. 23, 1958, Pub. L. 85–726, §303(b), 72 Stat. 748. |
In subsection (a), the text of 49:1657(l) (words before 3d comma) is omitted as unnecessary. The words “of the Department of Transportation” are added for clarity. In clause (6), the words “individuals in distress” are substituted for “distressed persons” as being more precise.
In subsection (b), the words “The Secretary shall prescribe reasonable charges” are substituted for “shall be at prices reflecting reasonable value as determined by the Secretary” for clarity and to eliminate surplus words. The words “services, supplies, and facilities provided under subsection (a)(1), (2), and (3) of this section” are substituted for “The furnishing of medical treatment under paragraph (1) and the furnishing of services and supplies under paragraphs (2) and (3) of this subsection” to eliminate surplus words. The words “Amounts received under this subsection” are substituted for “and the proceeds therefrom” for clarity.
In subsection (c), the words “aviation duties and powers” are substituted for “the Administration” in 49:1344(b) because of the transfer of aviation functions to the Secretary of Transportation under 49:1655(c)(1). The words “before June 1” are substituted for “prior to the first day of March” in 49:1344(b) to conform to the change in the start of the fiscal year from July 1 to October 1 under 31:1020(a)(2). The words “and materials necessary” after “supplies” in 49:1344(b) are omitted as surplus. The words “to carry out those duties and powers” are substituted for “necessary to the proper execution of the Secretary of Transportation's functions” in 49:1344(b) for clarity and consistency. The words “the 48 contiguous States and the District of Columbia” are substituted for “the continental United States” in 49:1344(b) for clarity. The words “including those in Alaska” before “in amounts” in 49:1344(b) are omitted as unnecessary because of the restatement of the section. The words “The amount obligated under this subsection in a fiscal year” in 49:1344(b) are added for clarity. The words “available for buying and transporting supplies to those installations” are substituted for “made available for such purposes” in 49:1344(b) for clarity. The word “succeeding” after “next” in 49:1344(b) is omitted as surplus.
Pub. L. 103–272
Section 4(j)(8) amends 49:331(b) to follow more closely the language in former 49:1657(l) on which it was based.
Amendments
1994—Subsec. (b). Pub. L. 103–272 substituted “medical treatment provided under subsection (a)(1) of this section and for supplies and services provided under subsection (a)(2) and (3) of this section” for “services, supplies, and facilities provided under subsection (a)(1), (2), and (3) of this section”.
§332. Minority Resource Center
(a) In this section, “minority” includes women.
(b) The Department of Transportation has a Minority Resource Center. The Center may—
(1) include a national information clearinghouse for minority entrepreneurs and businesses to disseminate information to them on business opportunities related to the maintenance, rehabilitation, restructuring, improvement, and revitalization of the railroads of the United States;
(2) carry out market research, planning, economic and business analyses, and feasibility studies to identify those business opportunities;
(3) assist minority entrepreneurs and businesses in obtaining investment capital and debt financing;
(4) design and carry out programs to encourage, promote, and assist minority entrepreneurs and businesses in getting contracts, subcontracts, and projects related to those business opportunities;
(5) develop support mechanisms (including venture capital, surety and bonding organizations, and management and technical services) that will enable minority entrepreneurs and businesses to take advantage of those business opportunities;
(6) participate in, and cooperate with, United States Government programs and other programs designed to provide financial, management, and other forms of support and assistance to minority entrepreneurs and businesses; and
(7) make arrangements to carry out this section.
(c) The Center has an advisory committee of 5 individuals appointed by the Secretary of Transportation. The Secretary shall make the appointments from lists of qualified individuals recommended by minority-dominated trade associations 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 Secretary shall provide the Center with relevant information (including procurement schedules, bids, and specifications on particular maintenance, rehabilitation, restructuring, improvement, and revitalization projects) the Center requests in carrying out this section.
(e)
(1)
(2)
(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.)
| 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 Transportation” 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 disseminate information” are substituted for “and disseminate information from”, for clarity. The words “to them . . . related to” are substituted for “to such entrepreneurs 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 opportunities” are substituted for “such opportunities” after “identify” for clarity.
In subsection (b)(4), the words “those business opportunities” are substituted for “the maintenance, rehabilitation, restructuring, improvement, and revitalization of the Nation's railroads” to eliminate surplus words.
In subsection (b)(5), the words “related to the maintenance, 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, cooperative 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 section” are substituted for “in connection with the performance of its functions” for clarity and consistency.
Amendments
2005—Subsec. (e). Pub. L. 109–59 added subsec. (e).
Abolition of United States Railway Association and Transfer of Functions and Securities
The United States Railway Association abolished effective Apr. 1, 1987, all powers, duties, rights, and obligations of Association relating to Consolidated Rail Corporation under the Regional Rail Reorganization Act of 1973 (45 U.S.C. 701 et seq.) transferred to Secretary of Transportation on Jan. 1, 1987, and any securities 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 unification and coordination projects
(a) The Secretary of Transportation may develop 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 acquisition 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, negotiating, and carrying out a unification or coordination of operations and facilities of at least 2 rail carriers.
(c)(1) The Secretary may conduct studies to determine the potential cost savings and possible improvements in the quality of rail transportation that are likely to result from unification 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 expenses; 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 carrying out this section, the Secretary may designate an officer or employee to get from a rail carrier information on the kind, quality, origin, destination, consignor, consignee, and routing of property. This information may be obtained without the consent of the consignor or consignee 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 Secretary.
(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 invite 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 Interstate Commerce Commission;
(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 conference on a proposed unification or coordination 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 determine a plan of action to carry out the unification 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 Interstate Commerce Commission 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 Commission, 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.)
| 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 substituted 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 described 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 substituted for “to the extent” for consistency. The word “necessary” is omitted as being included in “appropriate”. A cross-reference to section 203(c) of the Regional 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 referred 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 unnecessary words.
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 generally 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
1995—Subsec. (c)(2). Pub. L. 104–88, §308(b)(1), substituted “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)”.
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 701 of this title.
Abolition of Interstate Commerce Commission and Transfer of Functions
Interstate Commerce Commission abolished and functions of Commission transferred, except as otherwise provided in Pub. L. 104–88, to Surface Transportation Board effective Jan. 1, 1996, by section 702 of this title, and section 101 of Pub. L. 104–88, set out as a note under section 701 of this title. References to Interstate Commerce Commission deemed to refer to Surface Transportation Board, a member or employee of the Board, or Secretary of Transportation, as appropriate, see section 205 of Pub. L. 104–88, set out as a note under section 701 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 hearing, a person found by the Secretary of Transportation to have violated a provision of law that the Secretary carries out through the Maritime Administrator or the Commandant of the Coast Guard or a regulation prescribed under that law by the Secretary for which a civil penalty is provided, is liable to the United States Government for the civil penalty provided. The amount of the civil penalty shall be assessed by the Secretary by written notice. In determining the amount of the penalty, the Secretary shall consider the nature, circumstances, extent, and gravity of the prohibited acts committed and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other matters that justice requires.
(b) The Secretary may compromise, modify, or remit, with or without consideration, a civil penalty until the assessment is referred to the Attorney General.
(c) If a person fails to pay an assessment of a civil penalty after it has become final, the Secretary may refer the matter to the Attorney General for collection in an appropriate district court of the United States.
(d) The Secretary may refund or remit a civil penalty collected under this section if—
(1) application has been made for refund or remission of the penalty within one year from the date of payment; and
(2) the Secretary finds that the penalty was unlawfully, improperly, or excessively imposed.
(Added Pub. L. 101–225, title III, §305(1), Dec. 12, 1989, 103 Stat. 1924.)
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
§337. Budget request for the Director of Intelligence and Security
The annual budget the Secretary of Transportation submits shall include a specific request for the Office of the Director of Intelligence and Security. In deciding on the budget request for the Office, the Secretary shall consider recommendations in the annual report submitted under section 44938(a) of this title.
(Pub. L. 103–272, §4(j)(10)(A), July 5, 1994, 108 Stat. 1367.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 337 | 49 App.:1652b (note). | Nov. 16, 1990, Pub. L. 101–604, §102(d), 104 Stat. 3069. |
The words “the Secretary of Transportation submits” are substituted for “submission for the Department of Transportation”, and the words “budget request for the Office” are substituted for “budget request for the Director”, for clarity and consistency in the revised title and with other titles of the United States Code.
SUBCHAPTER III—MISCELLANEOUS
§351. Judicial review of actions in carrying out certain transferred duties and powers
(a)
(b)
(c)
(Pub. L. 103–272, §4(j)(10)(A), July 5, 1994, 108 Stat. 1367; Pub. L. 109–59, title IV, §4125(b), Aug. 10, 2005, 119 Stat. 1738.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 351 | 49 App.:1653(c). | Oct. 15, 1966, Pub. L. 89–670, §4(c), 80 Stat. 933. |
In this subchapter, the words “duty or power” are substituted for “functions, powers, and duties” for clarity and consistency. The words “department, agency, or instrumentality of the United States Government” are substituted for “department or agency” for consistency in the revised title and with other titles of the United States Code.
In subsection (a), the word “orders” is omitted as being included in “action”.
References in Text
The Department of Transportation Act, referred to in subsecs. (a) and (b), is Pub. L. 89–670, Oct. 15, 1966, 80 Stat. 931, as amended, which was classified principally to sections 1651 to 1660 of former Title 49, Transportation. The Act was repealed and the provisions thereof reenacted in Title 49, Transportation, by Pub. L. 97–449, Jan. 12, 1983, 96 Stat. 2413, and Pub. L. 103–272, July 5, 1994, 108 Stat. 745. The Act was also repealed by Pub. L. 104–287, §7(5), Oct. 11, 1996, 110 Stat. 3400. For disposition of sections of former Title 49, see Table at the beginning of Title 49.
Amendments
2005—Subsec. (a). Pub. L. 109–59 substituted “Federal Motor Carrier Safety Administration” for “Federal Highway Administration”.
Abolition of Interstate Commerce Commission and Transfer of Functions
Interstate Commerce Commission abolished and functions of Commission transferred, except as otherwise provided in Pub. L. 104–88, to Surface Transportation Board effective Jan. 1, 1996, by section 702 of this title, and section 101 of Pub. L. 104–88, set out as a note under section 701 of this title. References to Interstate Commerce Commission deemed to refer to Surface Transportation Board, a member or employee of the Board, or Secretary of Transportation, as appropriate, see section 205 of Pub. L. 104–88, set out as a note under section 701 of this title.
§352. Authority to carry out certain transferred duties and powers
In carrying out a duty or power transferred under the Department of Transportation Act (Public Law 89–670, 80 Stat. 931), the Secretary of Transportation and the Administrators of the Federal Railroad Administration, the Federal Motor Carrier Safety Administration, and the Federal Aviation Administration have the same authority that was vested in the department, agency, or instrumentality of the United States Government carrying out the duty or power immediately before the transfer. An action of the Secretary or Administrator in carrying out the duty or power has the same effect as when carried out by the department, agency, or instrumentality.
(Pub. L. 103–272, §4(j)(10)(A), July 5, 1994, 108 Stat. 1368; Pub. L. 109–59, title IV, §4125(c), Aug. 10, 2005, 119 Stat. 1738.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 352 | 49 App.:1653(d). | Oct. 15, 1966, Pub. L. 89–670, §4(d), 80 Stat. 934. |
The words “force and” are omitted as surplus.
References in Text
The Department of Transportation Act, referred to in text, is Pub. L. 89–670, Oct. 15, 1966, 80 Stat. 931, as amended, which was classified principally to sections 1651 to 1660 of former Title 49, Transportation. The Act was repealed and the provisions thereof reenacted in Title 49, Transportation, by Pub. L. 97–449, Jan. 12, 1983, 96 Stat. 2413, and Pub. L. 103–272, July 5, 1994, 108 Stat. 745. The Act was also repealed by Pub. L. 104–287, §7(5), Oct. 11, 1996, 110 Stat. 3400. For disposition of sections of former Title 49, see Table at the beginning of Title 49.
Amendments
2005—Pub. L. 109–59 substituted “Federal Motor Carrier Safety Administration” for “Federal Highway Administration”.
§353. Toxicological testing of officers and employees
(a)
(b)
(c)
(Pub. L. 103–272, §4(j)(10)(A), July 5, 1994, 108 Stat. 1368.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 353 | 49 App.:1657–1. | Nov. 28, 1990, Pub. L. 101–641, §5, 104 Stat. 4656. |
In this section, the words “officer or employee” are substituted for “employee” for clarity and consistency in the revised title and with other titles of the United States Code.
In subsection (a), the words “Secretary of Transportation or the head of a component of the Department of Transportation” are substituted for “Department of Transportation, including any of its agencies” for consistency in the revised title and with other titles of the Code.
In subsection (b), the word “Secretary” is substituted for “Office of the Secretary of Transportation” for consistency in the revised title and with other titles of the Code. The words “within that agency” are omitted as unnecessary.
In subsection (c), the words “An officer or employee required to submit to toxicological testing may not assert” are substituted for “may not be asserted” for clarity.
§354. Investigative authority of Inspector General
(a)
(b)
(Added and amended Pub. L. 108–168, §8(a), (b)(1), Dec. 6, 2003, 117 Stat. 2034.)
Codification
The text of section 228 of Pub. L. 106–159, formerly set out as a note under section 4 of the Inspector General Act of 1978, Pub. L. 95–452, set out in the Appendix to Title 5, Government Organization and Employees, which was transferred to this section, redesignated as text of section, and amended by Pub. L. 108–168, §8(a), (b)(1), was based on Pub. L. 106–159, title II, §228, Dec. 9, 1999, 113 Stat. 1773.
Amendments
2003—Pub. L. 108–168 renumbered section 228 of Pub. L. 106–159 as this section and substituted “Investigative authority of Inspector General” for “DOT Authority” in section catchline. See Codification note above.
CHAPTER 5—SPECIAL AUTHORITY
SUBCHAPTER I—POWERS
SUBCHAPTER II—PENALTIES
Amendments
1998—Pub. L. 105–178, title IV, §4014(a)(2), June 9, 1998, 112 Stat. 411, added item 508.
1997—Pub. L. 105–102, §2(1), Nov. 20, 1997, 111 Stat. 2204, struck out “DUTIES AND” before “POWERS” in item for heading of subchapter I.
SUBCHAPTER I—POWERS
Amendments
1997—Pub. L. 105–102, §2(2), Nov. 20, 1997, 111 Stat. 2204, struck out “AND” before “POWERS”.
1995—Pub. L. 104–88, title III, §308(c)(1), Dec. 29, 1995, 109 Stat. 947, struck out “DUTIES” before “AND”.
§501. Definitions and application
(a) In this chapter—
(1) the definitions in sections 10102 and 13102 of this title apply.
(2) “migrant worker” has the same meaning given that term in section 31501 of this title.
(3) “motor carrier of migrant workers” means a motor carrier of migrant workers subject to the jurisdiction of the Secretary of Transportation under section 31502(c) of this title.
(b)
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2431; Pub. L. 98–216, §2(2), Feb. 14, 1984, 98 Stat. 5; Pub. L. 102–548, §2(c), Oct. 28, 1992, 106 Stat. 3648; Pub. L. 103–272, §§4(j)(11)(A), 5(m)(9), July 5, 1994, 108 Stat. 1368, 1376; Pub. L. 104–88, title III, §308(c)(2), Dec. 29, 1995, 109 Stat. 947.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 501(a) | (no source). | |
| 501(b) | 45:15. | Apr. 14, 1910, ch. 160, §6, 36 Stat. 299. |
| 49:26(g). | Feb. 4, 1887, ch. 104, 24 Stat. 379, §25(g); added Aug. 26, 1937, ch. 818, 50 Stat. 837; Sept. 18, 1940, ch. 722, §14(b), 54 Stat. 919. | |
| 49:1655(f)(2). | Oct. 15, 1966, Pub. L. 89–670, §6(f)(2), 80 Stat. 940. |
In the chapter, the source provisions are those in effect on March 31, 1967, the day before the effective date of the Department of Transportation Act (Pub. L. 89–670, 80 Stat. 931), because 49:1655(f)(2) gave the Secretary of Transportation the same powers enumerated in 49:1655(f)(2) that the Interstate Commerce Commission had before certain duties and powers under 49:1655(e) were transferred on April 1, 1967, from the Commission to the Secretary. All references to brokers in the source provisions are omitted as not being applicable to the duties and powers transferred to the Secretary of Transportation.
Subsection (a) is included to ensure that the identical definitions that are relevant are used without repeating them. The source provisions for the definitions are found in the revision notes for sections 3101, 3102(c), and 10102 of the revised title.
In subsection (b), the provisions of law to which the chapter applies are only certain laws listed in 49:1655(e). Those laws include the source provisions restated in chapter 31 of the revised title and 45:4, 5, 6 (in carrying out 45:4 and 5), 11, 12, 13 (proviso), 13 (less proviso in carrying out 45:11, 12, and 13 (proviso)), and 61–64b, and 49:26(a)–(f) (words before last semicolon) and (h). The administrative powers of the Secretary under the chapter are based on the administrative powers of 49:1655(f)(2). That provision lists administrative powers the Commission had under the Interstate Commerce Act (ch. 104, 24 Stat. 379) to carry out the Act, and certain other laws authorized the Commission to use its powers under the Act to carry out those other laws. The administrative powers listed in 49:1655(f)(2) and codified in the chapter therefore apply only to a law listed in 49:1655(e) that was a part of the Interstate Commerce Act or to which the powers of the Commission under the Act were applied. The text of 45:61–64b is included because section 4 of the Act of March 4, 1907 (ch. 2939, 34 Stat. 1417), stated, “It shall be the duty of the Interstate Commerce Commission to execute and enforce the provisions of this Act, and all powers granted to the Interstate Commerce Commission are hereby extended to it in the execution of this Act”. The transfer to the Secretary was executed on March 31, 1967. The Act of March 4, 1907, was restated by the Act of December 26, 1969 (Pub. L. 91–169, 83 Stat. 463); section 4 was not included in the restatement. However, repeal by implication is not favored and the transfer was completed on March 31, 1967. Therefore, the text of 45:61–64b is included within the scope of the chapter. The text of 49:304(a)(3) (last sentence 1st–7th words) and (3a) (last sentence 1st–5th words) is omitted as executed.
Pub. L. 103–272
Section 4(j)(11) makes conforming amendments to 49:ch. 5 to reflect the restatement of 49:508 and related provisions in chapter 59 of the revised title.
Amendments
1995—Subsec. (a)(1). Pub. L. 104–88 substituted “sections 10102 and 13102” for “section 10102”.
1994—Subsec. (a)(2). Pub. L. 103–272, §5(m)(9)(A), substituted “section 31501” for “section 3101”.
Subsec. (a)(3). Pub. L. 103–272, §5(m)(9)(B), substituted “section 31502(c)” for “section 3102(c)”.
Subsec. (a)(4) to (9). Pub. L. 103–272, §4(j)(11)(A), struck out pars. (4) to (9) which defined “beneficial owner”, “carrier”, “container”, “initial carrier”, “intermodal transportation”, and “trailer”, respectively.
Subsec. (b). Pub. L. 103–272, §5(m)(9)(C), added subsec. (b) and struck out former subsec. (b) which read as follows: “This chapter only applies in carrying out—
“(1) chapter 31 of this title; and
“(2) other duties and powers transferred to the Secretary under section 6(e) of the Department of Transportation Act (49 App. U.S.C. 1655(e)) and vested in the Interstate Commerce Commission before October 15, 1966.”
1992—Subsec. (a)(4) to (9). Pub. L. 102–548 added pars. (4) to (9).
1984—Subsec. (b)(2). Pub. L. 98–216 substituted “49 App. U.S.C.” for “49 U.S.C.”.
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 701 of this title.
Short Title of 1992 Amendment
Section 1 of Pub. L. 102–548 provided that: “This Act [enacting section 508 of this title, amending this section and section 521 of this title, and enacting provisions set out as notes under section 508 of this title] may be cited as the ‘Intermodal Safe Container Transportation Act of 1992’.”
§502. General authority
(a) The Secretary of Transportation shall carry out this chapter.
(b) The Secretary may—
(1) inquire into and report on the management of the business of rail carriers and motor carriers;
(2) inquire into and report on the management of the business of a person controlling, controlled by, or under common control with those carriers to the extent that the business of the person is related to the management of the business of that carrier; and
(3) obtain from those carriers and persons information the Secretary determines to be necessary.
(c) In carrying out this chapter as it applies to motor carriers, motor carriers of migrant workers, and motor private carriers, the Secretary may—
(1) confer and hold joint hearings with State authorities;
(2) cooperate with and use the services, records, and facilities of State authorities; and
(3) make cooperative agreements with a State to enforce the safety laws and regulations of a State and the United States related to highway transportation.
(d) The Secretary may subpena witnesses and records related to a proceeding or investigation under this chapter from a place in the United States to the designated place of the proceeding or investigation. If a witness disobeys a subpena, the Secretary, or a party to a proceeding or investigation before the Secretary, may petition the district court for the judicial district in which the proceeding or investigation is conducted to enforce the subpena. The court may punish a refusal to obey an order of the court to comply with a subpena as a contempt of court.
(e)(1) In a proceeding or investigation, the Secretary may take testimony of a witness by deposition and may order the witness to produce records. A party to a proceeding or investigation pending before the Secretary may take the testimony of a witness by deposition and may require the witness to produce records at any time after a proceeding or investigation is at issue on petition and answer. If a witness fails to be deposed or to produce records under this subsection, the Secretary may subpena the witness to take a deposition, produce the records, or both.
(2) A deposition may be taken before a judge of a court of the United States, a United States magistrate judge, a clerk of a district court, or a chancellor, justice, or judge of a supreme or superior court, mayor or chief magistrate of a city, judge of a county court, or court of common pleas of any State, or a notary public who is not counsel or attorney of a party or interested in the proceeding or investigation.
(3) Before taking a deposition, reasonable notice must be given in writing by the party or the attorney of that party proposing to take a deposition to the opposing party or the attorney of record of that party, whoever is nearest. The notice shall state the name of the witness and the time and place of taking the deposition.
(4) The testimony of a person deposed under this subsection shall be taken under oath. The person taking the deposition shall prepare, or cause to be prepared, a transcript of the testimony taken. The transcript shall be subscribed by the deponent.
(5) The testimony of a witness who is in a foreign country may be taken by deposition before an officer or person designated by the Secretary or agreed on by the parties by written stipulation filed with the Secretary. The deposition shall be filed with the Secretary promptly.
(f) Each witness summoned before the Secretary or whose deposition is taken under this section and the individual taking the deposition are entitled to the same fees and mileage paid for those services in the courts of the United States.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2431; Pub. L. 103–272, §4(j)(12), July 5, 1994, 108 Stat. 1368.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 502 | 49:1655(f)(2). | Oct. 15, 1966, Pub. L. 89–670, §6(f)(2), 80 Stat. 940. |
| 502(c)–(f) | 49:304(a)(3) (last sentence) (related to “Sec. 305”). | Feb. 4, 1887, ch. 104, 24 Stat. 379, §204(a)(3) (last sentence) (related to “Sec. 205”); added Aug. 9, 1935, ch. 498, 49 Stat. 546. |
| 49:304(a)(3a) (last sentence) (related to “Sec. 305”). | Feb. 4, 1887, ch. 104, 24 Stat. 379, §204(a)(3a) (last sentence) (related to “Sec. 205”); added Aug. 3, 1956, ch. 905, §2, 70 Stat. 958. |
The section is included because 49:1655(f)(2) gave the same administrative powers exercised by the Interstate Commerce Commission under certain sections of title 49 to the Secretary of Transportation to carry out duties transferred to the Secretary by 49:1655(e). See the revision notes for section 501 of the revised title for an explanation of the transfer under 49:1655(f)(2). The powers of the Commission have been codified in subtitle IV of the revised title. The comparable provisions of title 49 that are represented by the section may be found as follows:
| Section 502 | 49 U.S. Code | Revised Section |
|---|---|---|
| (a), (b) | 12(1)(a) (1st sentence, 2d sentence, and last sentence words before 1st semicolon). | 10321 |
| 304(a) (matter before (1)), (6), (7) (less words after semicolon). | 10321 | |
| (c) | 305(f). | 11502 |
| (d) | 12(1)(a) (last sentence words after last semicolon), (2), (3). | 10321 |
| 305(d) (related to Commission subpena power). | 10321 | |
| (e)(1)–(3) | 12(4). | 10321 |
| 305(d) (related to depositions taken by Commission). | 10321 | |
| (e)(4) and (5) | 12(5), (6). | 10321 |
| 305(d) (related to depositions taken by Commission). | 10321 | |
| (f) | 12(7). | 10321 |
| 18(1) (last sentence). | 10321 | |
| 305(d) (related to depositions taken by Commission). | 10321 |
See the revision notes for the revised sections for an explanation of changes made in the text. Changes not accounted for in those revision notes are as follows:
The text of 49:305(a)–(c), (e), and (g)–(j) is not included for motor carriers of migrant workers and motor private carriers because those provisions, while included in the enumeration in 49:304(a)(3) and (3a), are not included in the specific enumeration of 49:1655(f)(2)(B)(ii).
In subsection (b), the text of 49:12(1)(a) (2d sentence words after semicolon) is omitted as unnecessary because the Secretary of Transportation already has authority under chapter 3 of the revised title to make recommendations to Congress.
In subsections (c)–(f), the text of 49:304(a)(3) (last sentence 1st–7th words) and (3a) (last sentence 1st–5th words) is omitted as executed.
In subsection (c), the words “economic and” are omitted as not being transferred to the Secretary. The text of 49:305(f) (last sentence) is omitted as not applicable to this chapter.
In subsection (d), the reference to joint boards in 49:305(d) is omitted as not applicable to this chapter because 49:305(a) (establishing joint boards) is not included in the specific enumeration of 49:1655(f)(2)(B)(ii).
Pub. L. 103–272
Section 4(j)(12) amends 49:502(e)(2) and 10321(d)(3) to reflect the change in the name of United States magistrates to United States magistrate judges made by section 321 of the Judicial Improvements Act of 1990 (Public Law 101–650, 104 Stat. 5117).
Amendments
1994—Subsec. (e)(2). Pub. L. 103–272 inserted “judge” after “United States magistrate”.
§503. Service of notice and process on certain motor carriers of migrant workers and on motor private carriers
(a) Each motor carrier of migrant workers (except a motor contract carrier) and each motor private carrier shall designate an agent by name and post office address on whom service of notices in a proceeding before, and actions of, the Secretary of Transportation may be made. The designation shall be in writing and filed with the Secretary. The carrier also shall file the designation with the authority of each State in which it operates having jurisdiction to regulate transportation by motor vehicle in intrastate commerce on the highways of that State. The designation may be changed at any time in the same manner as originally made.
(b) A notice of the Secretary to a carrier under this section is served personally or by mail on that carrier or its designated agent. Service by mail on the designated agent is made at the address filed for the agent. When notice is given by mail, the date of mailing is considered to be the time when the notice is served. If the carrier does not have a designated agent, service may be made by posting a copy of the notice in the office of the secretary or clerk of the authority having jurisdiction to regulate transportation by motor vehicle in intrastate commerce on the highways of the State in which the carrier maintains headquarters and with the Secretary.
(c) Each of those carriers, including such a carrier operating in the United States while providing transportation between places in a foreign country or between a place in one foreign country and a place in another foreign country, shall designate an agent in each State in which it operates by name and post office address on whom process issued by a court with subject matter jurisdiction may be served in an action brought against that carrier. The designation shall be in writing and filed with the Secretary and with the authority of each State in which the carrier operates having jurisdiction to regulate transportation by motor vehicle in intrastate commerce on the highways of that State. If a designation under this subsection is not made, service may be made on any agent of the carrier in that State. The designation may be changed at any time in the same manner as originally made.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2432.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 503 | 49:304(a)(3) (last sentence) (related to “Sec. 321”). | Feb. 4, 1887, ch. 104, 24 Stat. 379, §204(a)(3) (last sentence) (related to “Sec. 221”); added Aug. 9, 1935, ch. 498, 49 Stat. 546. |
| 49:304(a)(3a) (last sentence) (related to “Sec. 321”). | Feb. 4, 1887, ch. 104, 24 Stat. 379, §204(a)(3a) (last sentence) (related to “Sec. 221”); added Aug. 3, 1956, ch. 905, §2, 70 Stat. 958. | |
| 49:1655(e)(6)(D) (related to “Sec. 321(a), (c)”). | Oct. 15, 1966, Pub. L. 89–670, §6(e)(6)(D) (related to “Sec. 221(a), (c)”), 80 Stat. 940. |
The section is included because 49:1655(e)(6)(D) transferred to the Secretary of Transportation all functions, powers, and duties of the Interstate Commerce Commission under 49:321(a) and (c) to the extent those subsections relate to motor carriers of migrant workers and motor private carriers. The powers of the Commission have been codified in subtitle IV of the revised title. The comparable provisions of title 49 that are represented by the section may be found as follows:
| Section 503 | 49 U.S. Code | Revised Section |
|---|---|---|
| (a), (b) | 321(a). | 10329 |
| (c) | 321(c). | 10330 |
See the revision notes for the revised sections for an explanation of changes made in the text. Changes not accounted for in those revision notes are as follows:
In the section, the words “motor carriers” are omitted because 49:1655(e)(6)(D) applies 49:321(a) and (c) only to motor carriers of migrant workers, other than motor contract carriers, and to motor private carriers, and 49:1655(f)(2)(B)(ii) contains no reference to 49:321. The text of 49:321(b) and (d) is not included because those provisions, while included in the enumeration in 49:304(a)(3) and (3a), are not included in the specific enumeration of 49:1655(e)(6)(D).
In subsection (b), the text of 49:321(a) (less 1st–5th sentences) is omitted as not applicable to this chapter.
§504. Reports and records
(a) In this section—
(1) “association” means an organization maintained by or in the interest of a group of rail carriers, motor carriers, motor carriers of migrant workers, or motor private carriers that performs a service, or engages in activities, related to transportation of that carrier.
(2) “carrier” means a motor carrier, motor carrier of migrant workers, motor private carrier, and rail carrier.
(3) “lessor” means a person owning a railroad that is leased to and operated by a rail carrier, and a person leasing a right to operate as a motor carrier, motor carrier of migrant workers, or motor private carrier to another.
(4) “lessor” and “carrier” include a receiver or trustee of that lessor or carrier, respectively.
(b)(1) The Secretary of Transportation may prescribe the form of records required to be prepared or compiled under this section by—
(A) carriers and lessors; and
(B) a person furnishing cars or protective service against heat or cold to or for a rail carrier.
(2) The Secretary may require—
(A) carriers, lessors, associations, or classes of them as the Secretary may prescribe, to file annual, periodic, and special reports with the Secretary containing answers to questions asked by the Secretary; and
(B) a person furnishing cars or protective service against heat or cold to a rail carrier to file reports with the Secretary containing answers to questions about those cars or service.
(c) The Secretary, or an employee (and, in the case of a motor carrier, a contractor) designated by the Secretary, may on demand and display of proper credentials—
(1) inspect the equipment of a carrier or lessor; and
(2) inspect and copy any record of—
(A) a carrier, lessor, or association;
(B) a person controlling, controlled by, or under common control with a carrier, if the Secretary considers inspection relevant to that person's relation to, or transaction with, that carrier; and
(C) a person furnishing cars or protective service against heat or cold to or for a rail carrier if the Secretary prescribed the form of that record.
(d) The Secretary may prescribe the time period during which records must be preserved by a carrier, lessor, and person furnishing cars or protective service.
(e)(1) An annual report shall contain an account, in as much detail as the Secretary may require, of the affairs of a carrier, lessor, or association for the 12-month period ending on the 31st day of December of each year. The annual report shall be filed with the Secretary by the end of the 3d month after the end of the year for which the report is made unless the Secretary extends the filing date or changes the period covered by the report.
(2) The annual report and, if the Secretary requires, any other report made under this section shall be made under oath.
(f) No part of a report of an accident occurring in operations of a motor carrier, motor carrier of migrant workers, or motor private carrier and required by the Secretary, and no part of a report of an investigation of the accident made by the Secretary, may be admitted into evidence or used in a civil action for damages related to a matter mentioned in the report or investigation.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2433; Pub. L. 105–178, title IV, §4006(b), June 9, 1998, 112 Stat. 401.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 504 | 49:304(a)(3) (last sentence) (related to “Sec. 320(a) (1st, 2d sentences), (b)–(g)”). | Feb. 4, 1887, ch. 104, 24 Stat. 379, §204(a)(3) (last sentence) (related to “Sec. 220(a) (1st, 2d sentences), (b)–(g)”); added Aug. 9, 1935, ch. 498, 49 Stat. 546. |
| 49:304(a)(3a) (last sentence) (related to “Sec. 320(a) (1st, 2d sentences), (b)–(g)”). | Feb. 4, 1887, ch. 104, 24 Stat. 379, §204(a)(3a) (last sentence) (related to “Sec. 220(a) (1st, 2d sentences), (b)–(g)”); added Aug. 3, 1956, ch. 905, §2, 70 Stat. 958. | |
| 49:1655(f)(2). | Oct. 15, 1966, Pub. L. 89–670, §6(f)(2), 80 Stat. 940. | |
| 504(f) | 49:320(f). | Feb. 4, 1887, ch. 104, 24 Stat. 379, §220(f); added Sept. 18, 1940, ch. 722, §24, 54 Stat. 926. |
The section is included because 49:1655(f)(2) gave the same administrative powers exercised by the Interstate Commerce Commission under certain sections of title 49 to the Secretary of Transportation to carry out duties transferred to the Secretary by 49:1655(e). See the revision notes for section 501 of the revised title for an explanation of the transfer under 49:1655(f)(2). The powers of the Commission have been codified in subtitle IV of the revised title. The comparable provisions of title 49 that are represented by the section may be found as follows:
| Section 504 | 49 U.S. Code | Revised Section |
|---|---|---|
| (a)(1), (3), and (4) | 20(8). | 3501, 11141 |
| 320(e). | 11141 | |
| (a)(2) | (no source). | |
| (b)(1) | 20(5) (1st sentence), (6) (2d sentence, 1st cl.), (7)(b) (proviso). | 11144 |
| 320(d) (1st sentence). | 11144 | |
| (b)(2) | 20(1) (1st sentence less manner and form of reports), (6) (2d sentence, 2d cl.). | 11145 |
| 320(a) (1st sentence). | 11145 | |
| (c) | 20(5) (less 1st sentence), (6) (less 2d sentence). | 11144 |
| 320(d) (3d and 4th sentences). | 11144 | |
| (d) | 20(7)(b) (proviso). | 11144 |
| 320(d) (less 1st, 3d, and 4th sentences). | 11144 | |
| (e) | 20(1) (1st sentence related to manner and form of reports). | 11145 |
| 320(a) (2d sentence), (b). | 11145 |
See the revision notes for the revised sections for an explanation of changes made in the text. Changes not accounted for in those revision notes are as follows:
The provisions of 49:320(c) are not included for motor carriers of migrant workers and motor private carriers because those provisions, while included in the enumeration in 49:304(a)(3) and (3a), are not included in the specific enumeration of 49:1655(f)(2)(B)(ii).
In the section, the text of 49:304(a)(3) (last sentence 1st–7th words) and (3a) (last sentence 1st–5th words) is omitted as executed. The text of 49:320(b) (related to 13-period accounting year) and (g) is not included because it was enacted after the effective date of the transfer authority under 49:1655.
In subsection (a), references to “water line” and “pipe line” are omitted as not applicable to this chapter. Clause (2) is added to provide a simple phrase to refer to all types of carriers to which the section applies.
In subsection (f), the words “the course of the” are omitted as surplus. The words “civil action” are substituted for “suit or action” because of rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.).
Amendments
1998—Subsec. (c). Pub. L. 105–178 inserted “(and, in the case of a motor carrier, a contractor)” after “employee” in introductory provisions.
§505. Arrangements and public records
(a) The Secretary of Transportation may require a motor carrier, motor carrier of migrant workers, or motor private carrier to file a copy of each arrangement related to a matter under this chapter that it has with another person. The Secretary may disclose the existence or contents of an arrangement between a motor contract carrier and a shipper filed under this section only if the disclosure is consistent with the public interest and is made as part of the record in a formal proceeding.
(b) Except as provided in subsection (a) of this section, all arrangements and statistics, tables, and figures contained in reports filed with the Secretary by a motor carrier under this chapter are public records. Such a public record, or a copy or extract of it, certified by the Secretary under seal is competent evidence in a proceeding of the Secretary, and, except as provided in section 504(f) of this title, in a judicial proceeding.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2434.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 505 | 49:1655(f)(2). | Oct. 15, 1966, Pub. L. 89–670, §6(f)(2), 80 Stat. 940. |
| 505(a) | 49:304(a)(3) (last sentence) (related to “Sec. 320(a) (less 1st, 2d sentences)”). | Feb. 4, 1887, ch. 104, 24 Stat. 379, §204(a)(3) (last sentence) (related to “Sec. 220(a) (less 1st, 2d sentences)”); added Aug. 9, 1935, ch. 498, 49 Stat. 546. |
| 49:304(a)(3a) (last sentence) (related to “Sec. 320(a) (less 1st, 2d sentences)”). | Feb. 4, 1887, ch. 104, 24 Stat. 379, §204(a)(3a) (last sentence) (related to “Sec. 220(a) (less 1st, 2d sentences)”); added Aug. 3, 1956, ch. 905, §2, 70 Stat. 958. |
The section is included because 49:1655(f)(2) gave the same administrative powers exercised by the Interstate Commerce Commission under certain sections of title 49 to the Secretary of Transportation to carry out duties transferred to the Secretary by 49:1655(e). See the revision notes for section 501 of the revised title for an explanation of the transfer under 49:1655(f)(2). The powers of the Commission have been codified in subtitle IV of the revised title. The comparable provisions of title 49 that are represented by the section may be found as follows:
| Section 505 | 49 U.S. Code | Revised Section |
|---|---|---|
| (a) | 320(a) (less 1st, 2d sentences). | 10764 |
| (b) | 16(13). | 10303 |
| 304(d) (related to administrative matters). | 10303 |
See the revision notes for the revised sections for an explanation of changes made in the text. Changes not accounted for in those revision notes are as follows:
In subsection (a), the text of 49:320(a) (proviso) is not included for motor carriers of migrant workers and motor private carriers because that provision, while included in the enumeration in 49:304(a)(3) and (3a), is not included in the specific enumeration of 49:1655(f)(2)(B)(ii). The text of 40:304(a)(3) (last sentence 1st–7th words) and (3a) (last sentence 1st–5th words) is omitted as executed. The words “also” and “with it” are omitted as surplus. The words “contract, agreement, or” are omitted as covered by “arrangement”. The words “carrier or” are omitted as covered by “person”. The words “related to a matter under this chapter” are substituted for “in relation to any traffic affected by the provisions of this chapter” for clarity because of section 501 of the revised title.
Subsection (b) does not apply to reports made to the Secretary by a rail carrier because 49:16(13) is not included in the specific enumeration of 49:1655(f)(2)(B)(ii). The subsection does not apply to motor carriers of migrant workers and motor private carriers because 49:304(d) only applies to motor carriers and 49:304(a)(3) and (3a) do not apply 49:304(d) to motor carriers of migrant workers and motor private carriers. References to schedules, classifications, and tariffs are omitted as not applicable to this chapter. The words “Except as provided in subsection (a) of this section” are added for clarity. The words “except as provided in section 504(f) of this title” are added for clarity and consistency because of the restatement of the chapter.
§506. Authority to investigate
(a) The Secretary of Transportation may begin an investigation under this chapter on the initiative of the Secretary or on complaint. If the Secretary finds that a rail carrier, motor carrier, motor carrier of migrant workers, or motor private carrier is violating this chapter, the Secretary shall take appropriate action to compel compliance with this chapter. The Secretary may take action only after giving the carrier notice of the investigation and an opportunity for a proceeding.
(b) A person, including a governmental authority, may file with the Secretary a complaint about a violation of this chapter by a carrier referred to in subsection (a) of this section. The complaint must state the facts that are the subject of the violation. The Secretary may dismiss a complaint the Secretary determines does not state reasonable grounds for investigation and action. However, the Secretary may not dismiss a complaint made against a rail carrier because of the absence of direct damage to the complainant.
(c) The Secretary shall make a written report of each proceeding involving a rail carrier or motor carrier conducted and furnish a copy to each party to that proceeding. The report shall include the findings, conclusions, and the order of the Secretary. The Secretary may have the reports published for public use. A published report of the Secretary is competent evidence of its contents.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2434.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 506 | 49:1655(f)(2). | Oct. 15, 1966, Pub. L. 89–670, §6(f)(2), 80 Stat. 940. |
| 506(a), (b) | 49:304(a)(3) (last sentence) (related to “Sec. 304(c)”). | Feb. 4, 1887, ch. 104, 24 Stat. 379, §204(a)(3) (last sentence) (related to “Sec. 204(c)”); added Aug. 9, 1935, ch. 498, 49 Stat. 546; Sept. 18, 1940, ch. 722, §20(b)(4), 54 Stat. 922. |
| 49:304(a)(3a) (last sentence) (related to “Sec. 304(c)”). | Feb. 4, 1887, ch. 104, 24 Stat. 379, §204(a)(3a) (last sentence) (related to “Sec. 204(c)”); added Aug. 3, 1956, ch. 905, §2, 70 Stat. 958. |
The section is included because 49:1655(f)(2) gave the same administrative powers exercised by the Interstate Commerce Commission under certain sections of title 49 to the Secretary of Transportation to carry out duties transferred to the Secretary by 49:1655(e). See the revision notes for section 501 of the revised title for an explanation of the transfer under 49:1655(f)(2). The powers of the Commission have been codified in subtitle IV of the revised title. The comparable provisions of title 49 that are represented by the section may be found as follows:
| Section 506 | 49 U.S. Code | Revised Section |
|---|---|---|
| (a) | 13(1) (1st sentence less words before semicolon, last sentence), (2) (1st, 2d sentences). | 11701 |
| 304(c) (1st sentence words after 5th comma, 2d sentence). | 11701 | |
| (b) | 13(1) (1st sentence words before semicolon). | 11701 |
| 13(2) (less 1st, 2d sentences). | 11701 | |
| 304(c) (less 1st sentence words after 5th comma, 2d sentence). | 11701 | |
| (c) | 14. | 10310 |
| 304(d) (related to reports). | 10310 |
See the revision notes for the revised sections for an explanation of changes made in the text. Changes not accounted for in those revision notes are as follows:
In subsections (a) and (b), the text of 49:304(a)(3) (last sentence 1st–7th words) and (3a) (last sentence 1st–5th words) is omitted as executed.
Subsection (a) is patterned after 49:304(c). The words “violating this chapter” are substituted for “failed to comply with any such provision or requirement” for clarity.
In subsection (b), the text of 49:13(2) (last sentence) is omitted because 49:13(3) is not included in the specific enumeration of 49:1655(f)(2)(B)(ii). The words “referred to in subsection (a) of this section” are added for clarity.
Subsection (c) does not apply to motor carriers of migrant workers and motor private carriers because 49:304(d) applies only to motor carriers and 49:304(a)(3) and (3a) do not apply 49:304(d) to motor carriers of migrant workers and motor private carriers. The word “proceeding” is substituted for “investigation” for clarity and to conform to other sections of the revised title. The word “findings” is added for clarity. The word “decision” is omitted as covered by “conclusions”. The words “or requirement” are omitted as covered by “order”. The words “in the premises” are omitted as surplus. The words “and in case damages are awarded, such report shall include the findings of fact on which the award is made” are omitted as not applicable to this chapter. The words “entered of record”, “and decisions in such form and manner as may be best adapted for public information and use”, and “in all courts of the United States and of the several States without any further proof or authentication thereof” are omitted as surplus. The text of 49:14(3) (last sentence) is omitted as unnecessary.
§507. Enforcement
(a) The Secretary of Transportation may bring a civil action to enforce—
(1) an order of the Secretary under this chapter when violated by a rail carrier; and
(2) this chapter or a regulation or order of the Secretary under this chapter when violated by a motor carrier, motor carrier of migrant workers, motor private carrier, or freight forwarder.
(b) The Attorney General may, and on request of the Secretary shall, bring court proceedings to enforce this chapter or a regulation or order of the Secretary under this chapter and to prosecute a person violating this chapter or a regulation or order of the Secretary.
(c) The Attorney General, at the request of the Secretary, may bring an action in an appropriate district court of the United States for equitable relief to redress a violation by any person of a provision of subchapter III of chapter 311 (except sections 31138 and 31139) or section 31502 of this title, or an order or regulation issued under any of those provisions. Such district court shall have jurisdiction to determine any such action and may grant such relief as is necessary or appropriate, including mandatory or prohibitive injunctive relief, interim equitable relief, and punitive damages.
(d) A person injured because a rail carrier or freight forwarder does not obey an order of the Secretary under this chapter may bring a civil action to enforce that order under this subsection.
(e) In a civil action brought under subsection (a)(2) of this section against a motor carrier, motor carrier of migrant workers, or motor private carrier—
(1) trial is in the judicial district in which the carrier operates;
(2) process may be served without regard to the territorial limits of the district or of the State in which the action is brought; and
(3) a person participating with the carrier in a violation may be joined in the civil action without regard to the residence of the person.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2435; Pub. L. 98–554, title II, §213(a), Oct. 30, 1984, 98 Stat. 2841; Pub. L. 103–272, §5(m)(10), July 5, 1994, 108 Stat. 1376.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 507 | 49:1655(f)(2). | Oct. 15, 1966, Pub. L. 89–670, §6(f)(2), 80 Stat. 940. |
| 507(a), (d) | 49:304(a)(3) (last sentence) (related to “Sec. 322(b)”). | Feb. 4, 1887, ch. 104, 24 Stat. 379, §204(a)(3) (last sentence) (related to “Sec. 222(b)”); added Aug. 9, 1935, ch. 498, 49 Stat. 546. |
| 49:304(a)(3a) (last sentence) (related to “Sec. 322(b)”). | Feb 4, 1887, ch. 104, 24 Stat. 379, §204(a)(3a) (last sentence) (related to “Sec. 222(b)”); added Aug. 3, 1956, ch. 905, §2, 70 Stat. 958. |
The section is included because 49:1655(f)(2) gave the same administrative powers exercised by the Interstate Commerce Commission under certain sections of title 49 to the Secretary of Transportation to carry out duties transferred to the Secretary by 49:1655(e). See the revision notes for section 501 of the revised title for an explanation of the transfer under 49:1655(f)(2). The powers of the Commission have been codified in subtitle IV of the revised title. The comparable provisions of title 49 that are represented by the section may be found as follows:
| Section 507 | 49 U.S. Code | Revised Section |
|---|---|---|
| (a) | 16(12) (related to Commission action). | 11702 |
| 322(b)(1) (less 1st sentence last 18 words, 2d sentence, last sentence). | 11702 | |
| 1017(b)(1) (related to Commission action). | 11702 | |
| (b) | 12(1)(a) (last sentence less words before 1st semicolon and after last semicolon). | 11703 |
| 16(12) (related to action by the Attorney General). | 11703 | |
| 20(9). | 11703 | |
| (c) | 16(12) (related to action by private person). | 11705 |
| 1017(b)(1) (related to action by the Attorney General). | 11703 | |
| (d) | 322(b)(1) (1st sentence last 18 words, 2d sentence, last sentence). | 11702 |
| 1017(b)(1) (related to action by private person). | 11705 |
See the revision notes for the revised sections for an explanation of changes made in the text. Changes not accounted for in those revision notes are as follows:
In the section, the text of 49:322(b)(2) and (3) is not included for motor carriers of migrant workers and motor private carriers because those provisions, while included in the enumeration in 49:304(a)(3) and (3a), are not included in the specific enumeration of 49:1655(f)(2)(B)(ii).
In subsections (a) and (d), the text of 49:304(a)(3) (last sentence 1st–7th words) and (3a) (last sentence 1st–5th words) is omitted as executed.
In subsection (a), the words “or of any term or condition of any certificate or permit” are omitted as not applicable to this chapter.
In subsection (a)(1), reference to a civil action to enforce an order for the payment of money is omitted as not applicable to this chapter.
Amendments
1994—Subsec. (c). Pub. L. 103–272 substituted “subchapter III of chapter 311 (except sections 31138 and 31139) or section 31502 of this title” for “section 3102 of this title or the Motor Carrier Safety Act of 1984” and “any of those provisions” for “such section or Act”.
1984—Subsecs. (c) to (e). Pub. L. 98–554 added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively.
DOT Implementation Plan
Pub. L. 105–178, title IV, §4026, June 9, 1998, 112 Stat. 416, provided that:
“(a)
“(b)
“(c)
“(1) in what circumstances the Secretary would exercise the new authority;
“(2) how the Secretary would determine that shippers, freight forwarders, brokers, consignees, or other persons committed violations described in subsection (a), including what types of evidence would be conclusive;
“(3) what procedures would be necessary during investigations to ensure the confidentiality of shipper contract terms prior to the Secretary's findings of violations;
“(4) what impact the exercise of the new authority would have on the Secretary's resources, including whether additional investigative or legal resources would be necessary and whether the staff would need specialized education or training to exercise properly such authority;
“(5) to what extent the Secretary would conduct educational activities for persons who would be subject to the new authority; and
“(6) any other information that would assist the Congress in determining whether to provide the Secretary the new authority.”
§508. Safety performance history of new drivers; limitation on liability
(a)
(1) a motor carrier requesting the safety performance records of an individual under consideration for employment as a commercial motor vehicle driver as required by and in accordance with regulations issued by the Secretary;
(2) a person who has complied with such a request; or
(3) the agents or insurers of a person described in paragraph (1) or (2).
(b)
(1)
(A) the motor carrier and any agents of the motor carrier have complied with the regulations issued by the Secretary in using the records, including the requirement that the individual who is the subject of the records be afforded a reasonable opportunity to review and comment on the records;
(B) the motor carrier and any agents and insurers of the motor carrier have taken all precautions reasonably necessary to protect the records from disclosure to any person, except for such an insurer, not directly involved in deciding whether to hire that individual; and
(C) the motor carrier has used those records only to assess the safety performance of the individual who is the subject of those records in deciding whether to hire that individual.
(2)
(A) the complying person and any agents of the complying person have taken all precautions reasonably necessary to ensure the accuracy of the records and have complied with the regulations issued by the Secretary in furnishing the records, including the requirement that the individual who is the subject of the records be afforded a reasonable opportunity to review and comment on the records; and
(B) the complying person and any agents and insurers of the complying person have taken all precautions reasonably necessary to protect the records from disclosure to any person, except for such an insurer, not directly involved in forwarding the records.
(3)
(c)
(Added Pub. L. 105–178, title IV, §4014(a)(1), June 9, 1998, 112 Stat. 409.)
Codification
Pub. L. 105–178, title IV, §4014(a)(1), June 9, 1998, 112 Stat. 409, which directed the addition of section 508 at end of this chapter, was executed by adding this section at the end of subchapter I of this chapter to reflect the probable intent of Congress.
Prior Provisions
A prior section 508, added Pub. L. 102–548, §2(a), Oct. 28, 1992, 106 Stat. 3646, related to certification of weights and description, prior to repeal by Pub. L. 103–272, §4(j)(11)(B), July 5, 1994, 108 Stat. 1368. See chapter 59 of this title.
Effective Date
Pub. L. 105–178, title IV, §4014(b), June 9, 1998, 112 Stat. 411, provided that: “The amendments made by subsection (a) [enacting this section] shall take effect on January 31, 1999.”
SUBCHAPTER II—PENALTIES
§521. Civil penalties
(a)(1) A person required under section 504 of this title to make, prepare, preserve, or submit to the Secretary of Transportation a record about rail carrier transportation, that does not make, prepare, preserve, or submit that record as required under that section, is liable to the United States Government for a civil penalty of $500 for each violation.
(2) A rail carrier, and a lessor, receiver, or trustee of that carrier, violating section 504(c)(1) of this title, is liable to the Government for a civil penalty of $100 for each violation.
(3) A rail carrier, a lessor, receiver, or trustee of that carrier, a person furnishing cars or protective service against heat or cold, and an officer, agent, or employee of one of them, required to make a report to the Secretary or answer a question, that does not make a report to the Secretary or does not specifically, completely, and truthfully answer the question, is liable to the Government for a civil penalty of $100 for each violation.
(4) A separate violation occurs for each day a violation under this subsection continues.
(5) Trial in a civil action under this subsection is in the judicial district in which the rail carrier has its principal operating office or in a district through which the railroad of the rail carrier runs.
(b)
(1)
(A)
(B)
(2)
(A)
(B)
(i) who does not make that report, does not specifically, completely, and truthfully answer that question in 30 days from the date the Secretary requires the question to be answered, or does not make, prepare, or preserve that record in the form and manner prescribed by the Secretary, shall be liable to the United States for a civil penalty in an amount not to exceed $1,000 for each offense, and each day of the violation shall constitute a separate offense, except that the total of all civil penalties assessed against any violator for all offenses related to any single violation shall not exceed $10,000; or
(ii) who knowingly falsifies, destroys, mutilates, or changes a required report or record, knowingly files a false report with the Secretary, knowingly makes or causes or permits to be made a false or incomplete entry in that record about an operation or business fact or transaction, or knowingly makes, prepares, or preserves a record in violation of a regulation or order of the Secretary, shall be liable to the United States for a civil penalty in an amount not to exceed $10,000 for each violation, if any such action can be shown to have misrepresented a fact that constitutes a violation other than a reporting or recordkeeping violation.
(C)
(D)
(E)
(3) The Secretary may require any violator served with a notice of violation to post a copy of such notice or statement of such notice in such place or places and for such duration as the Secretary may determine appropriate to aid in the enforcement of subchapter III of chapter 311 (except sections 31138 and 31139) or section 31302, 31303, 31304, 31305(b), or 31502 of this title, as the case may be.
(4) Such civil penalty may be recovered in an action brought by the Attorney General on behalf of the United States in the appropriate district court of the United States or, before referral to the Attorney General, such civil penalty may be compromised by the Secretary.
(5)(A) If, upon inspection or investigation, the Secretary determines that a violation of a provision of subchapter III of chapter 311 (except sections 31138 and 31139) or section 31302, 31303, 31304, 31305(b), or 31502 of this title or a regulation issued under any of those provisions, or combination of such violations, poses an imminent hazard to safety, the Secretary shall order a vehicle or employee operating such vehicle out of service, or order an employer to cease all or part of the employer's commercial motor vehicle operations. In making any such order, the Secretary shall impose no restriction on any employee or employer beyond that required to abate the hazard. Subsequent to the issuance of the order, opportunity for review shall be provided in accordance with section 554 of title 5, except that such review shall occur not later than 10 days after issuance of such order.
(B) In this paragraph, “imminent hazard” means any condition of vehicle, employee, or commercial motor vehicle operations which substantially increases the likelihood of serious injury or death if not discontinued immediately.
(6)
(A)
(B)
(i) any provision of section 31302, 31303(b) or (c), 31304, 31305(b), or 31310(g)(1)(A) of this title or a regulation issued under such section, or
(ii) with respect to notification of a serious traffic violation as defined under section 31301 of this title, any provision of section 31303(a) of this title or a regulation issued under section 31303(a),
shall, upon conviction, be subject for each offense to a fine not to exceed $5,000 or imprisonment for a term not to exceed 90 days, or both.
(7) The Secretary shall issue regulations establishing penalty schedules designed to induce timely compliance for persons failing to comply promptly with the requirements set forth in any notices and orders under this subsection.
(8)
(A)
(B)
(9) Any aggrieved person who, after a hearing, is adversely affected by a final order issued under this section may, within 30 days, petition for review of the order in the United States Court of Appeals in the circuit wherein the violation is alleged to have occurred or where the violator has his principal place of business or residence, or in the United States Court of Appeals for the District of Columbia Circuit. Review of the order shall be based on a determination of whether the Secretary's findings and conclusions were supported by substantial evidence, or were otherwise not in accordance with law. No objection that has not been urged before the Secretary shall be considered by the court, unless reasonable grounds existed for failure or neglect to do so. The commencement of proceedings under this subsection shall not, unless ordered by the court, operate as a stay of the order of the Secretary.
(10) All penalties and fines collected under this section shall be deposited into the Highway Trust Fund (other than the Mass Transit Account).
(11) In any action brought under this section, process may be served without regard to the territorial limits of the district of the State in which the action is brought.
(12) In any proceeding for criminal contempt for violation of an injunction or restraining order issued under this section, trial shall be by the court, or, upon demand of the accused, by a jury, conducted in accordance with the provisions of rule 42(b) of the Federal Rules of Criminal Procedure.
(13) The provisions of this subsection shall not affect chapter 51 of this title or any regulation promulgated by the Secretary under chapter 51.
(14) As used in this subsection, the terms “commercial motor vehicle”, “employee”, “employer”, and “State” have the meaning such terms have under section 31132 of this title.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2435; Pub. L. 98–554, title II, §213(b), Oct. 30, 1984, 98 Stat. 2842; Pub. L. 99–570, title XII, §12012, Oct. 27, 1986, 100 Stat. 3207–184; Pub. L. 101–500, §15(e)(2), Nov. 3, 1990, 104 Stat. 1220; Pub. L. 102–548, §2(b), Oct. 28, 1992, 106 Stat. 3648; Pub. L. 103–272, §§4(j)(11)(D), 5(m)(11), July 5, 1994, 108 Stat. 1368, 1376; Pub. L. 104–287, §5(4), Oct. 11, 1996, 110 Stat. 3389; Pub. L. 105–178, title IV, §4015(a), (b), June 9, 1998, 112 Stat. 411; Pub. L. 106–159, title II, §§206(b), 208, Dec. 9, 1999, 113 Stat. 1763, 1764; Pub. L. 109–59, title IV, §§4102(a), 4103, Aug. 10, 2005, 119 Stat. 1715, 1716.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 521 | 49:1655(f)(2). | Oct. 15, 1966, Pub. L. 89–670, §6(f)(2), 80 Stat. 940. |
The section is included because 49:1655(f)(2) gave the same administrative powers exercised by the Interstate Commerce Commission under certain sections of title 49 to the Secretary of Transportation to carry out duties transferred to the Secretary by 49:1655(e). See the revision notes for section 501 of the revised title for an explanation of the transfer under 49:1655(f)(2). The powers of the Commission have been codified in subtitle IV of the revised title. The comparable provisions of title 49 that are represented by the section may be found as follows:
| Section 521 | 49 U.S. Code | Revised Section |
|---|---|---|
| (a) | 20(7)(a), (c)–(e). | 11901 |
| (b) | 322(h). | 11901 |
See the revision notes for the revised section for an explanation of changes made in the text. Changes not accounted for in those revision notes are as follows:
In subsection (a)(3), the words “against heat and cold” are inserted for consistency with sections 11105 and 11901 of the revised title.
Subsection (b) does not apply to motor carriers of migrant workers and motor private carriers because 49:322(h) (1st sentence) only applies to motor carriers and 49:304(a)(3) and (3a) do not apply 49:322(h) (1st sentence) to motor carriers of migrant workers and motor private carriers. The reference to 49:303(c), 306(a)(1), and 309(a)(1) is omitted as not applicable to this chapter.
References in Text
Section 31310(g)(1)(A), referred to in subsec. (b)(1)(A), was redesignated section 31310(i)(1)(A), by Pub. L. 106–159, title II, §201(b)(1), Dec. 9, 1999, 113 Stat. 1759.
The date of the enactment of this paragraph, referred to in subsec. (b)(8)(B), is the date of enactment of Pub. L. 106–159, which was approved Dec. 9, 1999.
The Federal Rules of Criminal Procedure, referred to in subsec. (b)(12), are set out in the Appendix to Title 18, Crimes and Criminal Procedure.
Amendments
2005—Subsec. (b). Pub. L. 109–59, §4103(1), inserted headings for subsec. (b), par. (1), and subpar. (A).
Subsec. (b)(2)(B). Pub. L. 109–59, §4102(a)(2), substituted “$10,000” for “$5,000” in cls. (i) and (ii).
Subsec. (b)(2)(B)(i). Pub. L. 109–59, §4102(a)(1), substituted “$1,000” for “$500”.
Subsec. (b)(2)(E). Pub. L. 109–59, §4103(2), added subpar. (E).
1999—Subsec. (b)(5)(B). Pub. L. 106–159, §208, substituted “substantially increases the likelihood of” for “is likely to result in”.
Subsec. (b)(8) to (14). Pub. L. 106–159, §206(b), added par. (8) and redesignated former pars. (8) to (13) as (9) to (14), respectively.
1998—Subsec. (b)(1)(A). Pub. L. 105–178, §4015(a)(1), struck out “fix a reasonable time for abatement of the violation,” before “specify the proposed civil penalty”.
Subsec. (b)(1)(B). Pub. L. 105–178, §4015(a)(2), added subpar. (B) and struck out former subpar. (B) which read as follows: “The Secretary shall, not later than 60 days after November 3, 1990, establish operational procedures to require a highway safety specialist or other appropriate representative of the Secretary to initiate, at the time of a safety review, compliance review, or other inspection or audit activity, or within a reasonable time thereafter, an enforcement action whenever any of the offenses referred to in paragraph (2)(A) and (B) can be documented, except recordkeeping violations not specified by the Secretary as serious. The procedures shall—
“(i) specify those serious recordkeeping violations for which an enforcement action shall be initiated, including instances in which the falsification of records of duty status or drivers’ medical certificates is required or permitted, and such other recordkeeping violations as the Secretary determines to be serious; and
“(ii) authorize, but not require, initiation of an enforcement action for recordkeeping violations not specified by the Secretary as serious.”
Subsec. (b)(2)(A). Pub. L. 105–178, §4015(b)(1), added subpar. (A) and struck out heading and text of former subpar. (A). Text read as follows: “Except as otherwise provided in this subsection, any person who is determined by the Secretary, after notice and opportunity for a hearing, to have committed an act which is a violation of a recordkeeping requirement issued by the Secretary under subchapter III of chapter 311 (except sections 31138 and 31139) or section 31502 of this title or which is a violation of chapter 59 of this title shall be liable to the United States for a civil penalty not to exceed $500 for each offense. Each day of a violation shall constitute a separate offense, except that the total of all civil penalties assessed against any violator for all offenses relating to any single violation shall not exceed $2,500. If the Secretary determines that a serious pattern of safety violations, other than recordkeeping requirements, exists or has occurred, the Secretary may assess a civil penalty not to exceed $1,000 for each offense; except that the maximum fine for each such pattern of safety violations shall not exceed $10,000. If the Secretary determines that a substantial health or safety violation exists or has occurred which could reasonably lead to, or has resulted in, serious personal injury or death, the Secretary may assess a civil penalty not to exceed $10,000 for each offense. Notwithstanding any other provision of this section (other than subparagraph (B)), except for recordkeeping violations, no civil penalty shall be assessed under this section against an employee for a violation unless the Secretary determines that such employee's actions constituted gross negligence or reckless disregard for safety, in which case such employee shall be liable for a civil penalty not to exceed $1,000.”
Subsec. (b)(2)(B) to (D). Pub. L. 105–178, §4015(b)(2), (3), added subpar. (B) and redesignated former subpars. (B) and (C) as (C) and (D), respectively.
1996—Subsec. (b)(1)(B). Pub. L. 104–287 substituted “November 3, 1990” for “the date of enactment of this subparagraph” in introductory provisions.
1994—Subsec. (b)(1)(A). Pub. L. 103–272, §5(m)(11)(A), substituted “a provision of subchapter III of chapter 311 (except sections 31138 and 31139) or section 31302, 31303, 31304, 31305(b), 31310(g)(1)(A), or 31502 of this title” for “section 3102 of this title or the Motor Carrier Safety Act of 1984 or section 12002, 12003, 12004, 12005(b), or 12008(d)(2) of the Commercial Motor Vehicle Safety Act of 1986” and “any of those provisions” for “such sections or Act”.
Subsec. (b)(2)(A). Pub. L. 103–272, §5(m)(11)(B), substituted “under subchapter III of chapter 311 (except sections 31138 and 31139) or section 31502 of this title” for “pursuant to section 3102 of this title or the Motor Carrier Safety Act of 1984”.
Pub. L. 103–272, §4(j)(11)(D), substituted “chapter 59 of this title” for “section 508 of this title”.
Subsec. (b)(2)(B). Pub. L. 103–272, §5(m)(11)(C), substituted “section 31302, 31303, 31304, 31305(b), or 31310(g)(1)(A) of this title” for “section 12002, 12003, 12004, 12005(b), or 12008(d)(2) of the Commercial Motor Vehicle Safety Act of 1986”.
Subsec. (b)(3). Pub. L. 103–272, §5(m)(11)(D), substituted “subchapter III of chapter 311 (except sections 31138 and 31139) or section 31302, 31303, 31304, 31305(b), or 31502 of this title” for “section 3102 of this title or the Motor Carrier Safety Act of 1984 or section 12002, 12003, 12004, or 12005(b) of the Commercial Motor Vehicle Safety Act of 1986”.
Subsec. (b)(5)(A). Pub. L. 103–272, §5(m)(11)(E), substituted “a provision of subchapter III of chapter 311 (except sections 31138 and 31139) or section 31302, 31303, 31304, 31305(b), or 31502 of this title” for “section 3102 of this title or the Motor Carrier Safety Act of 1984 or section 12002, 12003, 12004, or 12005(b) of the Commercial Motor Vehicle Safety Act of 1986” and “any of those provisions” for “such sections or Act”.
Subsec. (b)(6)(A). Pub. L. 103–272, §5(m)(11)(F), substituted “subchapter III of chapter 311 (except sections 31138 and 31139) or section 31502 of this title” for “section 3102 of this title, the Motor Carrier Safety Act of 1984”, “any of those provisions” for “such section or Act”, and “shall be subject” for “shall be liable”.
Subsec. (b)(6)(B)(i). Pub. L. 103–272, §5(m)(11)(G), substituted “section 31302, 31303(b) or (c), 31304, 31305(b), or 31310(g)(1)(A) of this title” for “section 12002, 12003(b), 12003(c), 12004, 12005(b), or 12008(d)(2) of the Commercial Motor Vehicle Safety Act of 1986”.
Subsec. (b)(6)(B)(ii). Pub. L. 103–272, §5(m)(11)(H), substituted “section 31301 of this title” for “section 12019 of such Act”, “section 31303(a) of this title” for “section 12003(a) of such Act”, and “section 31303(a)” for “such section 12003(a)”.
Subsec. (b)(12). Pub. L. 103–272, §5(m)(11)(I), substituted “chapter 51 of this title” for “any provision of the Hazardous Materials Transportation Act (49 U.S.C. App. 1801–1812)” and “chapter 51” for “such Act”.
Subsec. (b)(13). Pub. L. 103–272, §5(m)(11)(J), substituted “section 31132 of this title” for “section 204 of the Motor Carrier Safety Act of 1984”.
1992—Subsec. (b)(2)(A). Pub. L. 102–548 inserted “or which is a violation of section 508 of this title” after “Act of 1984”.
1990—Subsec. (b)(1). Pub. L. 101–500 designated existing provisions as subpar. (A) and added subpar. (B).
1986—Subsec. (b)(1). Pub. L. 99–570, §12012(a), inserted “or section 12002, 12003, 12004, 12005(b), or 12008(d)(2) of the Commercial Motor Vehicle Safety Act of 1986” after “the Motor Carrier Safety Act of 1984” and substituted “such sections” for “such section”.
Subsec. (b)(2). Pub. L. 99–570, §12012(b), (f)(1), inserted heading, designated existing provisions as subpars. (A) and (C) with corresponding headings, added subpar. (B), in subpar. (A) indented such subparagraph and aligned it with subpar. (B), and inserted exception relating to subpar. (B).
Subsec. (b)(3). Pub. L. 99–570, §12012(c), inserted “or section 12002, 12003, 12004, or 12005(b) of the Commercial Motor Vehicle Safety Act of 1986” after “the Motor Carrier Safety Act of 1984”.
Subsec. (b)(5)(A). Pub. L. 99–570, §12012(d), inserted “or section 12002, 12003, 12004, or 12005(b) of the Commercial Motor Vehicle Safety Act of 1986” after “the Motor Carrier Safety Act of 1984” and substituted “such sections” for “such section”.
Subsec. (b)(6). Pub. L. 99–570, §12012(e), (f)(2), (g)(1), inserted heading, designated existing provisions as subpar. (A) with corresponding heading, added subpar. (B), in subpar. (A) indented such subparagraph and aligned it with subpar. (B), and substituted “to a fine” for “for a fine” in two places.
Subsec. (b)(13). Pub. L. 99–570, §12012(g)(2), substituted “section 204” for “section 4”.
1984—Subsec. (b)(1). Pub. L. 98–554 substituted provisions relating to notice to violators and opportunity for hearings for former provisions which set forth penalties for failure to make reports and keep records.
Subsec. (b)(2). Pub. L. 98–554 substituted provisions setting forth amount of civil penalties for former provisions which related to the place of trial and manner of service of process for violations of recordkeeping and reporting provisions.
Subsec. (b)(3) to (13). Pub. L. 98–554 added pars. (3) to (13).
Minimum and Maximum Assessments
Pub. L. 106–159, title II, §222, Dec. 9, 1999, 113 Stat. 1769, provided that:
“(a)
“(b)
“(1) should establish and assess minimum civil penalties for each violation of a law referred to in subsection (a); and
“(2) shall assess the maximum civil penalty for each violation of a law referred to in subsection (a) by any person who is found to have committed a pattern of violations of critical or acute regulations issued to carry out such a law or to have previously committed the same or a related violation of critical or acute regulations issued to carry out such a law.
“(c)
“(d)
“(1)
“(2)
Report; Penalties; Effectiveness
Section 213(d) of Pub. L. 98–554 directed Secretary of Transportation to conduct a study of effectiveness of civil and criminal penalties established by amendments made by section 213 of Pub. L. 98–554 in deterring violations of commercial motor vehicle safety regulations issued under title II of Pub. L. 98–554 and in effectively prosecuting such violations when they occur, which study was to examine the effectiveness of penalties in effect before Oct. 30, 1984, in comparison to the penalties established by the amendments made by title II of Pub. L. 98–554, and was to further investigate the need for, and make recommendations concerning, increased fine levels for civil and criminal penalties, and the need for additional categories of civil and criminal penalties to deter further, and prosecute effectively, violations of such commercial motor vehicle safety regulations, and further directed Secretary to submit to Congress a report on the findings of this study, together with legislative recommendations, not later than 2 years after Oct. 30, 1984.
1 See References in Text note below.
§522. Reporting and record keeping violations
A person required to make a report to the Secretary of Transportation, or make, prepare, or preserve a record, under section 504 of this title about transportation by rail carrier, that knowingly and willfully (1) makes a false entry in the report or record, (2) destroys, mutilates, changes, or by another means falsifies the record, (3) does not enter business related facts and transactions in the record, (4) makes, prepares, or preserves the record in violation of a regulation or order of the Secretary, or (5) files a false report or record with the Secretary, shall be fined not more than $5,000, imprisoned for not more than 2 years, or both.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2436; Pub. L. 105–178, title IV, §4015(c), June 9, 1998, 112 Stat. 412.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 522 | 49:1655(f)(2). | Oct. 15, 1966, Pub. L. 89–670, §6(f)(2), 80 Stat. 940. |
| 522(b) | 49:304(a)(3) (last sentence) (related to “Sec. 322(g)”). | Feb. 4, 1887, ch. 104, 24 Stat. 379, §204(a)(3) (last sentence) (related to “Sec. 222(g)”); added Aug. 9, 1935, ch. 498, 49 Stat. 546. |
| 49:304(a)(3a) (last sentence) (related to “Sec. 322(g)”). | Feb. 4, 1887, ch. 104, 24 Stat. 379, §204(a)(3a) (last sentence) (related to “Sec. 222(g)”); added Aug. 3, 1956, ch. 905, §2, 70 Stat. 958. |
The section is included because 49:1655(f)(2) gave the same administrative powers exercised by the Interstate Commerce Commission under certain sections of title 49 to the Secretary of Transportation to carry out duties transferred to the Secretary by 49:1655(e). See the revision notes for section 501 of the revised title for an explanation of the transfer under 49:1655(f)(2). The powers of the Commission have been codified in subtitle IV of the revised title. The comparable provisions of title 49 that are represented by the section may be found as follows:
| Section 522 | 49 U.S. Code | Revised Section |
|---|---|---|
| (a) | 20(7)(b) (less proviso). | 11909 |
| (b) | 322(g). | 11909 |
See the revision notes for the revised section for an explanation of changes made in the text. Changes not accounted for in those revision notes are as follows:
The text of 49:304(a)(3) (last sentence 1st–7th words) and (3a) (last sentence 1st–5th words) is omitted as executed.
Amendments
1998—Pub. L. 105–178 struck out “(a)” before “A person required to make a report to the Secretary of Transportation” and struck out subsec. (b) which read as follows: “A person required to make a report to the Secretary, answer a question, or make, prepare, or preserve a record under section 504 of this title about transportation by motor carrier, motor carrier of migrant workers, or motor private carrier, or an officer, agent, or employee of that person, that (1) willfully does not make that report, (2) willfully does not specifically, completely, and truthfully answer that question in 30 days from the date the Secretary requires the question to be answered, (3) willfully does not make, prepare, or preserve that record in the form and manner prescribed by the Secretary, (4) knowingly and willfully falsifies, destroys, mutilates, or changes that report or record, (5) knowingly and willfully files a false report or record with the Secretary, (6) knowingly and willfully makes a false or incomplete entry in that record about a business related fact or transaction, or (7) knowingly and willfully makes, prepares, or preserves a record in violation of a regulation or order of the Secretary, shall be fined not more than $5,000.”
§523. Unlawful disclosure of information
(a) A motor carrier, or an officer, receiver, trustee, lessee, or employee of that carrier, or another person authorized by that carrier to receive information from that carrier, may not knowingly disclose to another person (except the shipper or consignee), and another person may not solicit, or knowingly receive, information about the nature, kind, quantity, destination, consignee, or routing of property tendered or delivered to that carrier without the consent of the shipper or consignee if that information may be used to the detriment of the shipper or consignee or may disclose improperly to a competitor the business transactions of the shipper or consignee.
(b) This chapter does not prevent a motor carrier, motor carrier of migrant workers, or motor private carrier from giving information—
(1) in response to legal process issued under authority of a court of the United States or a State;
(2) to an officer, employee, or agent of the United States Government, a State, or a territory or possession of the United States; and
(3) to another motor carrier, motor carrier of migrant workers, or motor private carrier, or its agent, to adjust mutual traffic accounts in the ordinary course of business.
(c) An employee of the Secretary of Transportation delegated to make an inspection under section 504 of this title who knowingly discloses information acquired during that inspection, except as directed by the Secretary, a court, or a judge of that court, shall be fined not more than $500, imprisoned for not more than 6 months, or both.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2436.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 523 | 49:1655(f)(2). | Oct. 15, 1966, Pub. L. 89–670, §6(f)(2), 80 Stat. 940. |
| 523(b) | 49:304(a)(3) (last sentence) (related to “Sec. 322(f)”). | Feb. 4, 1887, ch. 104, 24 Stat. 379, §204(a)(3) (last sentence) (related to “Sec. 222(d), (f)”); added Aug. 9, 1935, ch. 498, 49 Stat. 546. |
| 49:304(a)(3a) (last sentence) (related to “Sec. 322(f)”). | Feb. 4, 1887, ch. 104, 24 Stat. 379, §204(a)(3a) (last sentence) (related to “Sec. 222(d), (f)”); added Aug. 3, 1956, ch. 905, §2, 70 Stat. 958. | |
| 523(c) | 49:304(a)(3) (last sentence) (related to “Sec. 322(d)”). | |
| 49:304(a)(3a) (last sentence) (related to “Sec. 322(d)”). |
The section is included because 49:1655(f)(2) gave the same administrative powers exercised by the Interstate Commerce Commission under certain sections of title 49 to the Secretary of Transportation to carry out duties transferred to the Secretary by 49:1655(e). See the revision notes for section 501 of the revised title for an explanation of the transfer under 49:1655(f)(2). The powers of the Commission have been codified in subtitle IV of the revised title. The comparable provisions of title 49 that are represented by the section may be found as follows:
| Section 523 | 49 U.S. Code | Revised Section |
|---|---|---|
| (a) | 322(e). | 11910 |
| (b) | 322(f). | 11910 |
| (c) | 20(7)(f). | 11910 |
| 322(d). | 11910 |
See the revision notes for the revised section for an explanation of changes made in the text. Changes not accounted for in those revision notes are as follows:
Subsection (a) does not apply to motor carriers of migrant workers and motor private carriers because 49:322(e) only applies to motor carriers and 49:304(a)(3) and (3a) do not apply 49:322(e) to motor carriers of migrant workers and motor private carriers. The words “engaged in interstate or foreign commerce” are omitted as unnecessary because of the restatement of the chapter.
In subsections (b) and (c), the text of 49:304(a)(3) (last sentence 1st–7th words) and (3a) (last sentence 1st–5th words) is omitted as executed.
§524. Evasion of regulation of motor carriers
A person, or an officer, employee, or agent of that person, that by any means knowingly and willfully tries to evade regulation of motor carriers under this chapter shall be fined at least $200 but not more than $500 for the first violation and at least $250 but not more than $2,000 for a subsequent violation.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2437.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 524 | 49:1655(f)(2). | Oct. 15, 1966, Pub. L. 89–670, §6(f)(2), 80 Stat. 940. |
The section is included because 49:1655(f)(2) gave the same administrative powers exercised by the Interstate Commerce Commission under certain sections of title 49 to the Secretary of Transportation to carry out duties transferred to the Secretary by 49:1655(e). See the revision notes for section 501 of the revised title for an explanation of the transfer under 49:1655(f)(2). The powers of the Commission have been codified in subtitle IV of the revised title. The comparable provisions of title 49 that are represented by the section may be found as follows:
| Section 524 | 49 U.S. Code | Revised Section |
|---|---|---|
| 322(c) (related to evasion of regulation). | 11906 |
See the revision notes for the revised section for an explanation of changes made in the text. Changes not accounted for in those revision notes are as follows:
The section does not apply to motor carriers of migrant workers and motor private carriers because 49:322(c) (related to evasion of regulation) only applies to motor carriers and 49:304(a)(3) and (3a) do not apply 49:322(c) (related to evasion of regulation) to motor carriers of migrant workers and motor private carriers.
§525. Disobedience to subpenas
A motor carrier, motor carrier of migrant workers, or motor private carrier not obeying a subpena or requirement of the Secretary of Transportation under this chapter to appear and testify or produce records shall be fined at least $100 but not more than $5,000, imprisoned for not more than one year, or both.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2437.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 525 | 49:304(a)(3) (last sentence) (related to “Sec. 305(d) (related to liability)”). | Feb. 4, 1887, ch. 104, 24 Stat., 379, §204(a)(3) (last sentence) (related to “Sec. 205(d) (related to liability)”); added Aug. 9, 1935, ch. 498, 49 Stat. 546. |
| 49:304(a)(3a) (last sentence) (related to “Sec. 305(d) (related to liability)”). | Feb. 4, 1887, ch. 104, 24 Stat. 379, §204(a)(3a) (last sentence) (related to “Sec. 205(d) (related to liability)”); added Aug. 3, 1956, ch. 905, §2, 70 Stat. 958. | |
| 49:1655(f)(2). | Oct. 15, 1966, Pub. L. 89–670, §6(f)(2), 80 Stat. 940. |
The section is included because 49:1655(f)(2) gave the same administrative powers exercised by the Interstate Commerce Commission under certain sections of title 49 to the Secretary of Transportation to carry out duties transferred to the Secretary by 49:1655(e). See the revision notes for section 501 of the revised title for an explanation of the transfer under 49:1655(f)(2). The powers of the Commission have been codified in subtitle IV of the revised title. The comparable provisions of title 49 that are represented by the section may be found as follows:
| Section 525 | 49 U.S. Code | Revised Section |
|---|---|---|
| 305(d) (related to liability). | 11913 |
See the revision notes for the revised section for an explanation of changes made in the text. Changes not accounted for in those revision notes are as follows:
The section does not apply to the liability of a rail carrier because 49:46 is not included in the specific enumeration of 49:1655(f)(2)(B)(ii). The text of 49:304(a)(3) (last sentence 1st–7th words) and (3a) (last sentence 1st–5th words) is omitted as executed. The words “under this chapter” are added for clarity.
§526. General criminal penalty when specific penalty not provided
When another criminal penalty is not provided under a provision of this chapter, subchapter III of chapter 311 (except sections 31138 and 31139), or section 31502 of this title, a person that knowingly and willfully violates any of those provisions or a regulation or order of the Secretary of Transportation under any of those provisions, related to transportation by motor carrier, motor carrier of migrant workers, or motor private carrier, shall be fined at least $100 but not more than $500 for the first violation and at least $200 but not more than $500 for a subsequent violation. A separate violation occurs each day the violation continues.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2437; Pub. L. 98–554, title II, §213(c), Oct. 30, 1984, 98 Stat. 2844; Pub. L. 103–272, §5(m)(12), July 5, 1994, 108 Stat. 1377.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 526 | 49:304(a)(3) (last sentence) (related to “Sec. 322(a)”). | Feb. 4, 1887, ch. 104, 24 Stat. 379, §204(a)(3) (last sentence) (related to “Sec. 222(a)”); added Aug. 9, 1935, ch. 498, 49 Stat. 546. |
| 49:304(a)(3a) (last sentence) (related to “Sec. 322(a)”). | Feb. 4, 1887, ch. 104, 24 Stat. 379, §204(a)(3a) (last sentence) (related to “Sec. 222(a)”); added Aug. 3, 1956, ch. 905, §2, 70 Stat. 958. | |
| 49:1655(f)(2). | Oct. 15, 1966, Pub. L. 89–670, §6(f)(2), 80 Stat. 940. |
The section is included because 49:1655(f)(2) gave the same administrative powers exercised by the Interstate Commerce Commission under certain sections of title 49 to the Secretary of Transportation to carry out duties transferred to the Secretary by 49:1655(e). See the revision notes for section 501 of the revised title for an explanation of the transfer under 49:1655(f)(2). The powers of the Commission have been codified in subtitle IV of the revised title. The comparable provisions of title 49 that are represented by the section may be found as follows:
| Section 526 | 49 U.S. Code | Revised Section |
|---|---|---|
| 322(a). | 11914 |
See the revision notes for the revised section for an explanation of changes made in the text. Changes not accounted for in those revision notes are as follows:
The reference to a certificate, permit, or licence is omitted as not applicable to this chapter. The text of 49:304(a)(3) (last sentence 1st–7th words) and (3a) (last sentence 1st–5th words) is omitted as executed.
Amendments
1994—Pub. L. 103–272 substituted “a provision of this chapter, subchapter III of chapter 311 (except sections 31138 and 31139), or section 31502 of this title, a person that knowingly and willfully violates any of those provisions or a regulation or order of the Secretary of Transportation under any of those provisions” for “this chapter, section 3102 of this title, or the Motor Carrier Safety Act of 1984, a person that knowingly and willfully violates a provision of this chapter or such section or Act, or a regulation or order of the Secretary of Transportation under this chapter or such section or Act”.
1984—Pub. L. 98–554 inserted “, section 3102 of this title, or the Motor Carrier Safety Act of 1984” after “chapter” the first place it appears and inserted “or such section or Act” after “chapter” the second and third places it appears.
CHAPTER 7—SURFACE TRANSPORTATION BOARD
SUBCHAPTER I—ESTABLISHMENT
SUBCHAPTER II—ADMINISTRATIVE
SUBCHAPTER I—ESTABLISHMENT
§701. Establishment of Board
(a)
(b)
(2) At any given time, at least 2 members of the Board shall be individuals with professional standing and demonstrated knowledge in the fields of transportation or transportation regulation, and at least one member shall be an individual 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) On January 1, 1996, the members of the Interstate Commerce Commission serving unexpired terms on December 29, 1995, shall become members of the Board, to serve for a period of time equal to the remainder of the term for which they were originally appointed to the Interstate Commerce Commission. Any member of the Interstate Commerce Commission whose term expires on December 31, 1995, shall become a member of the Board, subject to paragraph (3).
(5) No individual may serve as a member of the Board for more than 2 terms. In the case of an individual who becomes a member of the Board pursuant to paragraph (4), or 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.
(6) 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 business, vocation, or employment.
(7) A vacancy in the membership of the Board does not impair the right of the remaining members to exercise all of the powers of the Board. The Board may designate a member to act as Chairman during any period in which there is no Chairman designated by the President.
(c)
(2) Subject to the general policies, decisions, findings, and determinations of the Board, the Chairman shall be responsible for administering the Board. The Chairman may delegate the powers granted under this paragraph to an officer, employee, or office of the Board. The Chairman shall—
(A) appoint and supervise, other than regular and full-time employees in the immediate offices of another member, the officers and employees of the Board, including attorneys to provide legal aid and service to the Board and its members, and to represent the Board in any case in court;
(B) appoint the heads of offices with the approval of the Board;
(C) distribute Board business among officers and employees and offices of the Board;
(D) prepare requests for appropriations for the Board and submit those requests to the President and Congress with the prior approval of the Board; and
(E) supervise the expenditure of funds allocated by the Board for major programs and purposes.
(Added Pub. L. 104–88, title II, §201(a), Dec. 29, 1995, 109 Stat. 932; amended Pub. L. 104–287, §5(5), Oct. 11, 1996, 110 Stat. 3389.)
Amendments
1996—Subsec. (b)(4). Pub. L. 104–287 substituted “January 1, 1996” for “the effective date of this section” and “December 29, 1995,” for “the date of the enactment of the ICC Termination Act of 1995”.
Effective Date
Section 2 of Pub. L. 104–88 provided that: “Except as otherwise provided in this Act [see Tables for classification], this Act shall take effect on January 1, 1996.”
Savings Provision
Section 204 of Pub. L. 104–88 provided that:
“(a)
“(1) that have been issued, made, granted, or allowed to become effective by the Interstate Commerce Commission, any officer or employee of the Interstate Commerce Commission, or any other Government official, or by a court of competent jurisdiction, in the performance of any function that is transferred by this Act [see Tables for classification] or the amendments made by this Act; and
“(2) that are in effect on the effective date of such transfer (or become effective after such date pursuant to their terms as in effect on such effective date),
shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the Board [Surface Transportation Board], any other authorized official, a court of competent jurisdiction, or operation of law. The Board shall promptly rescind all regulations established by the Interstate Commerce Commission that are based on provisions of law repealed and not substantively reenacted by this Act.
“(b)
“(2) The Board and the Secretary are authorized to provide for the orderly transfer of pending proceedings from the Interstate Commerce Commission.
“(3)(A) Except as provided in subparagraphs (B) and (C), in the case of a proceeding under a provision of law repeal [repealed], and not reenacted, by this Act such proceeding shall be terminated.
“(B) Any proceeding involving a pipeline carrier under subtitle IV of title 49, United States Code, shall be continued to be heard by the Board under such subtitle, as in effect on the day before the effective date of this section [see Effective Date note above], until completion of such proceeding.
“(C) Any proceeding involving the merger of a motor carrier property under subtitle IV of title 49, United States Code, shall continue to be heard by the Board under such subtitle, as in effect on the day before the effective date of this section, until completion of such proceeding.
“(4) Any proceeding with respect to any tariff, rate charge, classification, rule, regulation, or service that was pending under the Intercoastal Shipping Act, 1933 [former 46 U.S.C. App. 843 et seq.] or the Shipping Act, 1916 [former 46 U.S.C. App. 801 et seq., see Disposition Table preceding section 101 of Title 46, Shipping] before the Federal Maritime Commission on November 1, 1995, shall continue to be heard until completion or issuance of a final order thereon under all applicable laws in effect as of November 1, 1995.
“(c)
“(2) Any suit by or against the Interstate Commerce Commission begun before the effective date of this Act shall be continued, insofar as it involves a function retained and transferred under this Act, with the Board (to the extent the suit involves functions transferred to the Board under this Act) or the Secretary (to the extent the suit involves functions transferred to the Secretary under this Act) substituted for the Commission.
“(3) If the court in a suit described in paragraph (1) remands a case to the Board or the Secretary, subsequent proceedings related to such case shall proceed in accordance with applicable law and regulations as in effect at the time of such subsequent proceedings.
“(d)
“(e)
Abolition of Interstate Commerce Commission
Section 101 of Pub. L. 104–88 provided that: “The Interstate Commerce Commission is abolished.”
Organization of Functions of Surface Transportation Board
Section 202 of title II of Pub. L. 104–88 provided that: “The Chairman of the Surface Transportation Board (in this Act [see Tables for classification] referred to as the ‘Board’) may allocate or reallocate any function of the Board, consistent with this title [see Tables for classification] and subchapter I of chapter 7 [49 U.S.C. 701 et seq.], as amended by section 201 of this title, among the members or employees of the Board, and may establish, consolidate, alter, or discontinue in the Board any organizational entities that were entities of the Interstate Commerce Commission, as the Chairman considers necessary or appropriate.”
Transfer of Assets and Personnel
Section 203 of Pub. L. 104–88 provided that:
“(a)
“(b)
“(c)
References to Interstate Commerce Commission Deemed To Be References to Surface Transportation Board
Section 205 of Pub. L. 104–88 provided that: “Any reference to the Interstate Commerce Commission in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or pertaining to the Interstate Commerce Commission or an officer or employee of the Interstate Commerce Commission, is deemed to refer to the Board [Surface Transportation Board], a member or employee of the Board, or the Secretary, as appropriate.”
§702. Functions
Except as otherwise provided in the ICC Termination Act of 1995, or the amendments made thereby, the Board shall perform all functions that, immediately before January 1, 1996, were functions of the Interstate Commerce Commission or were performed by any officer or employee of the Interstate Commerce Commission in the capacity as such officer or employee.
(Added Pub. L. 104–88, title II, §201(a), Dec. 29, 1995, 109 Stat. 933; amended Pub. L. 104–287, §5(6), Oct. 11, 1996, 110 Stat. 3389.)
References in Text
The ICC Termination Act of 1995, referred to in text, is Pub. L. 104–88, Dec. 29, 1995, 109 Stat. 803. For complete classification of this Act to the Code, see Short Title of 1995 Amendment note set out under section 101 of this title and Tables.
Amendments
1996—Pub. L. 104–287 substituted “January 1, 1996” for “the effective date of such Act”.
Abolition of Interstate Commerce Commission
Interstate Commerce Commission abolished by section 101 of Pub. L. 104–88, set out as a note under section 701 of this title.
§703. Administrative provisions
(a)
(b)
(c)
(d)
(e)
(f)
(1) showing the amount requested by the Board in its budgetary presentation to the Secretary and the Office of Management and Budget; and
(2) an assessment of the budgetary needs of the Board.
(g)
(Added Pub. L. 104–88, title II, §201(a), Dec. 29, 1995, 109 Stat. 934.)
§704. Annual report
The Board shall annually transmit to the Congress a report on its activities.
(Added Pub. L. 104–88, title II, §201(a), Dec. 29, 1995, 109 Stat. 934.)
§705. Authorization of appropriations
There are authorized to be appropriated for the activities of the Board—
(1) $8,421,000 for fiscal year 1996;
(2) $12,000,000 for fiscal year 1997; and
(3) $12,000,000 for fiscal year 1998.
(Added Pub. L. 104–88, title II, §201(a), Dec. 29, 1995, 109 Stat. 934.)
§706. Reporting official action
(a)
(b)
(A) the official designation of the individual or group taking the action;
(B) the name of each individual taking, or participating in taking, the action; and
(C) the vote or position of each participating individual.
(2) If an individual member of a group taking an official action referred to in paragraph (1) does not participate in it, the written statement of the action shall indicate that the member did not participate. An individual participating in taking an official action is entitled to express the views of that individual as part of the written statement of the action. In addition to any publication of the written statement, it shall be made available to the public under section 552(a) of title 5.
(Added Pub. L. 104–88, title II, §201(a), Dec. 29, 1995, 109 Stat. 934.)
SUBCHAPTER II—ADMINISTRATIVE
§721. Powers
(a)
(b)
(1) inquire into and report on the management of the business of carriers providing transportation and services subject to subtitle IV;
(2) inquire into and report on the management of the business of a person controlling, controlled by, or under common control with those carriers to the extent that the business of that person is related to the management of the business of that carrier;
(3) obtain from those carriers and persons information the Board decides is necessary to carry out subtitle IV; and
(4) when necessary to prevent irreparable harm, issue an appropriate order without regard to subchapter II of chapter 5 of title 5.
(c)
(2) The district courts of the United States have jurisdiction to enforce a subpoena issued under this section. Trial is in the district in which the proceeding is conducted. The court may punish a refusal to obey a subpoena as a contempt of court.
(d)
(2) If a witness fails to be deposed or to produce records under paragraph (1), the Board may subpoena the witness to take a deposition, produce the records, or both.
(3) A deposition may be taken before a judge of a court of the United States, a United States magistrate judge, a clerk of a district court, or a chancellor, justice, or judge of a supreme or superior court, mayor or chief magistrate of a city, judge of a county court, or court of common pleas of any State, or a notary public who is not counsel or attorney of a party or interested in the proceeding.
(4) Before taking a deposition, reasonable notice must be given in writing by the party or the attorney of that party proposing to take a deposition to the opposing party or the attorney of record of that party, whoever is nearest. The notice shall state the name of the witness and the time and place of taking the deposition.
(5) The testimony of a person deposed under this subsection shall be taken under oath. The person taking the deposition shall prepare, or cause to be prepared, a transcript of the testimony taken. The transcript shall be subscribed by the deponent.
(6) The testimony of a witness who is in a foreign country may be taken by deposition before an officer or person designated by the Board or agreed on by the parties by written stipulation filed with the Board. A deposition shall be filed with the Board promptly.
(e)
(Added Pub. L. 104–88, title II, §201(a), Dec. 29, 1995, 109 Stat. 935.)
§722. Board action
(a)
(b)
(c)
(1) reopen a proceeding;
(2) grant rehearing, reargument, or reconsideration of an action of the Board; or
(3) change an action of the Board.
An interested party may petition to reopen and reconsider an action of the Board under this subsection under regulations of the Board.
(d)
(Added Pub. L. 104–88, title II, §201(a), Dec. 29, 1995, 109 Stat. 936.)
§723. Service of notice in Board proceedings
(a)
(b)
(c)
(d)
(Added Pub. L. 104–88, title II, §201(a), Dec. 29, 1995, 109 Stat. 937.)
§724. Service of process in court proceedings
(a)
(b)
(Added Pub. L. 104–88, title II, §201(a), Dec. 29, 1995, 109 Stat. 937.)
§725. Administrative support
The Secretary of Transportation shall provide administrative support for the Board.
(Added Pub. L. 104–88, title II, §201(a), Dec. 29, 1995, 109 Stat. 937.)
§726. Railroad-Shipper Transportation Advisory Council
(a)
(1) The members of the Council shall be appointed from among citizens of the United States who are not regular full-time employees of the United States and shall be selected for appointment so as to provide as nearly as practicable a broad representation of the various segments of the railroad and rail shipper industries.
(2) Nine of the members shall be appointed from senior executive officers of organizations engaged in the railroad and rail shipping industries, which 9 members shall be the voting members of the Council. Council action and Council positions shall be determined by a majority vote of the members present. A majority of such voting members shall constitute a quorum. Of such 9 voting members—
(A) at least 4 shall be representative of small shippers (as determined by the Chairman); and
(B) at least 4 shall be representative of Class II or III railroads.
(3) The remaining 6 members of the Council shall serve in a nonvoting advisory capacity only, but shall be entitled to participate in Council deliberations. Of the remaining members—
(A) 3 shall be representative of Class I railroads; and
(B) 3 shall be representative of large shipper organizations (as determined by the Chairman).
(4) The Secretary of Transportation and the members of the Board shall serve as ex officio, nonvoting members of the Council. The Council shall not be subject to the Federal Advisory Committee Act. A list of the members appointed to the Council shall be forwarded to the Chairmen and ranking members of the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
(5) Each ex officio member of the Council may designate an alternate, who shall serve as a member of the Council whenever the ex officio member is unable to attend a meeting of the Council. Any such designated alternate shall be selected from individuals who exercise significant decision-making authority in the Federal agency involved.
(b)
(1) 5 members shall be appointed for terms of 1 year; and
(2) 5 members shall be appointed for terms of 2 years,
as designated by the Chairman at the time of appointment. Any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of such term. A member may serve after the expiration of his term until his successor has taken office. Vacancies on the Council shall be filled in the same manner in which the original appointments were made. No member of the Council shall be eligible to serve in excess of two consecutive terms.
(c)
(d)
(2) Upon request by the Council Chairman, the Secretary or Chairman of the Board, to the extent provided in advance in appropriations Acts, may pay the reasonable and necessary expenses incurred by the Council in connection with the coordination of Council activities, announcement and reporting of meetings, and preparation of such Council documents as are required or permitted by this section.
(3) The Council may solicit and use private funding for its activities, subject to this subsection.
(4) Prior to making any Federal funding requests, the Council Chairman shall undertake best efforts to fund such activities privately unless the Council Chairman determines that such private funding would create a conflict of interest, or the appearance thereof, or is otherwise impractical. The Council Chairman shall not request funding from any Federal agency without providing written justification as to why private funding would create any such conflict or appearance, or is otherwise impractical.
(5) To enable the Council to carry out its functions—
(A) the Council Chairman may request directly from any Federal agency such personnel, information, services, or facilities, on a compensated or uncompensated basis, as the Council Chairman determines necessary to carry out the functions of the Council;
(B) each Federal agency may, in its discretion, furnish the Council with such information, services, and facilities as the Council Chairman may request to the extent permitted by law and within the limits of available funds; and
(C) each Federal agency may, in its discretion, detail to temporary duty with the Council, such personnel as the Council Chairman may request for carrying out the functions of the Council, each such detail to be without loss of seniority, pay, or other employee status.
(e)
(f)
(2) To the extent the Council addresses specific grain car issues, it shall coordinate such activities with the National Grain Car Council. The Secretary and Chairman shall cooperate with the Council to provide research, technical and other reasonable support in developing any reports and policy statements required or authorized by this subsection.
(3) The Council shall endeavor to develop within the private sector mechanisms to prevent, or identify and effectively address, obstacles to the most effective and efficient transportation system practicable.
(4) The Council shall prepare an annual report concerning its activities and the results of Council efforts to resolve industry issues, and propose whatever regulatory or legislative relief it considers appropriate. The Council shall include in the annual report such recommendations as it considers appropriate with respect to the performance of the Secretary and Chairman under this chapter, and with respect to the operation and effectiveness of meetings and industry developments relating to the Council's efforts, and such other information as it considers appropriate. Such annual reports shall be reviewed by the Secretary and Chairman, and shall include the Secretary's and Chairman's views or comments relating to—
(A) the accuracy of information therein;
(B) Council efforts and reasonableness of Council positions and actions; and
(C) any other aspects of the Council's work as they may consider appropriate.
The Council may prepare other reports or develop policy statements as the Council considers appropriate. An annual report shall be submitted for each fiscal year and shall be submitted to the Secretary and Chairman within 90 days after the end of the fiscal year. Other such reports and statements may be submitted as the Council considers appropriate.
(Added Pub. L. 104–88, title II, §201(a), Dec. 29, 1995, 109 Stat. 937; amended Pub. L. 104–287, §5(7), Oct. 11, 1996, 110 Stat. 3389.)
References in Text
The Federal Advisory Committee Act, referred to in subsec. (a)(4), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees.
Amendments
1996—Subsec. (a). Pub. L. 104–287 substituted “December 29, 1995” for “the date of enactment of the ICC Termination Act of 1995” in introductory provisions.
§727. Definitions
All terms used in this chapter that are defined in subtitle IV shall have the meaning given those terms in that subtitle.
(Added Pub. L. 104–88, title II, §201(a), Dec. 29, 1995, 109 Stat. 940.)
SUBTITLE II—OTHER GOVERNMENT AGENCIES
CHAPTER 11—NATIONAL TRANSPORTATION SAFETY BOARD
SUBCHAPTER I—GENERAL
SUBCHAPTER II—ORGANIZATION AND ADMINISTRATIVE
SUBCHAPTER III—AUTHORITY
SUBCHAPTER IV—ENFORCEMENT AND PENALTIES
Amendments
2006—Pub. L. 109–443, §5(b), Dec. 21, 2006, 120 Stat. 3300, added item 1138.
2000—Pub. L. 106–424, §§5(c)(2), 12(b), Nov. 1, 2000, 114 Stat. 1885, 1887, added item 1137 and substituted “and surface vehicle recordings and transcripts” for “voice and other material” in item 1154.
1996—Pub. L. 104–264, title IV, §407(a)(2), title VII, §702(a)(2), Oct. 9, 1996, 110 Stat. 3258, 3267, added items 1119 and 1136.
1994—Pub. L. 103–272, §1(c), (d), July 5, 1994, 108 Stat. 745, added subtitle II (comprised of chapter 11, §§1101–1155) and struck out former subtitle II, except that chapter 31 (comprised of §§3101–3104) of subtitle II was redesignated and restated as chapter 315 (comprised of §§31501–31504) of subtitle VI, as enacted by Pub. L. 103–272, §1(e).
1 So in original. Probably should be followed by a period.
SUBCHAPTER I—GENERAL
§1101. Definitions
Section 2101(17a) of title 46 and section 40102(a) of this title apply to this chapter. In this chapter, the term “accident” includes damage to or destruction of vehicles in surface or air transportation or pipelines, regardless of whether the initiating event is accidental or otherwise.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 746; Pub. L. 106–424, §2, Nov. 1, 2000, 114 Stat. 1883.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1101 | (no source) |
A number of the source provisions of the chapter are taken from 49 App.:ch. 20. The text of 49 App.:ch. 20 contains general definitions, some of which are used in those source provisions.
This section is included to ensure that the identical definitions that are relevant are used without repeating them. The source provisions for the definitions are found in the revision note for section 40102(a) of the revised title.
Amendments
2000—Pub. L. 106–424 amended section catchline and text generally. Prior to amendment, text read as follows: “Section 40102(a) of this title applies to this chapter.”
Short Title of 2006 Amendment
Pub. L. 109–443, §1(a), Dec. 21, 2006, 120 Stat. 3297, provided that: “This Act [enacting section 1138 of this title, amending sections 1111, 1113, 1117, 1118, 1131, 1135, and 1137 of this title, enacting provisions set out as notes under sections 1111 and 1118 of this title, and amending provisions set out as a note under section 1113 of this title] may be cited as the ‘National Transportation Safety Board Reauthorization Act of 2006’.”
Short Title of 2003 Amendment
Pub. L. 108–168, §1, Dec. 6, 2003, 117 Stat. 2032, provided that: “This Act [enacting section 354 of this title, amending sections 354, 1118, 1119, 1131, 1135, and 1136 of this title, and enacting provisions set out as notes under sections 1113, 1131, and 1135 of this title] may be cited as the ‘National Transportation Safety Board Reauthorization Act of 2003’.”
Short Title of 2000 Amendment
Pub. L. 106–424, §1(a), Nov. 1, 2000, 114 Stat. 1883, provided that: “This Act [enacting section 1137 of this title, amending this section and sections 1111, 1113 to 1115, 1118, 1131, 1154, 44721, and 46301 of this title, and enacting provisions set out as notes under sections 1111, 1113, 1131, 44703, and 44721 of this title] may be cited as the ‘National Transportation Safety Board Amendments Act of 2000’.”
Short Title of 1996 Amendment
Pub. L. 104–291, title I, §101, Oct. 11, 1996, 110 Stat. 3452, provided that: “This title [amending sections 1114, 1115, and 1118 of this title] may be cited as the ‘National Transportation Safety Board Amendments of 1996’.”
SUBCHAPTER II—ORGANIZATION AND ADMINISTRATIVE
§1111. General organization
(a)
(b)
(c)
(d)
(e)
(1) appoint and supervise officers and employees, other than regular and full-time employees in the immediate offices of another member, necessary to carry out this chapter;
(2) fix the pay of officers and employees necessary to carry out this chapter;
(3) distribute business among the officers, employees, and administrative units of the Board; and
(4) supervise the expenditures of the Board.
(f)
(g)
(1) aviation.
(2) highway and motor vehicle.
(3) rail and tracked vehicle.
(4) pipeline.
(5) marine.
(h)
(1) report directly to the Chairman on financial management and budget execution;
(2) direct, manage, and provide policy guidance and oversight on financial management and property and inventory control; and
(3) review the fees, rents, and other charges imposed by the Board for services and things of value it provides, and suggest appropriate revisions to those charges to reflect costs incurred by the Board in providing those services and things of value.
(i)
(j)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 746; Pub. L. 106–424, §10, Nov. 1, 2000, 114 Stat. 1886; Pub. L. 109–443, §9(a), (d), Dec. 21, 2006, 120 Stat. 3301.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1111(a) | 49 App.:1902(a). | Jan. 3, 1975, Pub. L. 93–633, §303(a), (b)(2)– (c), 88 Stat. 2167, 2168. |
| 1111(b) | 49 App.:1902(b)(1) (1st sentence words before comma, 2d–last sentences). | Jan. 3, 1975, Pub. L. 93–633, §303(b)(1), 88 Stat. 2167; Oct. 14, 1982, Pub. L. 97–309, §1 (1st sentence), 96 Stat. 1453. |
| 1111(c) | 49 App.:1902(b)(2). | |
| 1111(d) | 49 App.:1902(b)(1) (1st sentence words after comma), (3) (1st, 2d, 4th sentences). | |
| 1111(e) | 49 App.:1902(b)(3) (3d, last sentences), (c)(3). | |
| 1111(f) | 49 App.:1902(b)(4). | |
| 1111(g) | 49 App.:1902(b)(5), (c)(1). | |
| 1111(h) | 49 App.:1902(c)(2). |
In subsection (a), the words “previously established within the Department of Transportation” are omitted as unnecessary. The words “in accordance with this section, on and after April 1, 1975” are omitted as executed.
In subsection (c), the words “except as otherwise provided in this paragraph” are omitted as surplus. The text of 49 App.:1902(b)(2) (4th sentence) is omitted as executed.
In subsection (d), the words “On or before January 1, 1976” are omitted as executed. The words “(and thereafter as required)” and “(hereafter in this chapter referred to as the ‘Chairman’)” are omitted as unnecessary.
In subsection (e), before clause (1), the words “is the chief executive and administrative officer of the Board” are substituted for “shall be the chief executive officer of the Board and shall exercise the executive and administrative functions of the Board” for clarity. The words “Subject to the general policies and decisions of the Board, the Chairman shall” are substituted for 49 App.:1902(b)(3) (last sentence) to eliminate unnecessary words. In clause (1), the words “Subject to the civil service and classification laws” are omitted as unnecessary because of title 5, United States Code, especially sections 3301, 5101, and 5331. The words “the Board is authorized” are omitted for consistency because the authority to appoint officers and employees is vested in the Chairman subject to the “general policies and decisions of the Board” as provided in the source provisions. The words “including investigators, attorneys, and administrative law judges” are omitted as covered by “officers and employees”. The words “carry out this chapter” are substituted for “carry out its powers and duties under this chapter” to eliminate unnecessary words. In clause (3), the words “expenditures of the Board” are substituted for “the use and expenditure of funds” for clarity.
In subsection (f), the words “duties and powers” are substituted for “function” for consistency in the revised title and with other titles of the Code.
In subsection (g), the text of 49 App.:1902(c)(1) is omitted as unnecessary because of 40:ch. 10.
References in Text
GS–15, referred to in subsec. (i), is contained in the General Schedule, which is set out under section 5332 of Title 5, Government Organization and Employees.
Amendments
2006—Subsec. (e)(1). Pub. L. 109–443, §9(d)(1), added par. (1) and struck out former par. (1) which read as follows: “appoint, supervise, and fix the pay of officers and employees necessary to carry out this chapter;”.
Subsec. (e)(2) to (4). Pub. L. 109–443, §9(d)(2), (3), added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively.
Subsec. (g)(5). Pub. L. 109–443, §9(a), added par. (5).
Subsecs. (i), (j). Pub. L. 109–443, §9(d)(4), (5), added subsec. (i) and redesignated former subsec. (i) as (j).
2000—Subsecs. (h), (i). Pub. L. 106–424 added subsec. (h) and redesignated former subsec. (h) as (i).
Utilization Plan
Pub. L. 109–443, §2(a)(2), Dec. 21, 2006, 120 Stat. 3297, provided that:
“(A)
“(i) develop a plan to achieve, to the maximum extent feasible, the self-sufficient operation of the National Transportation Safety Board Academy and utilize the Academy's facilities and resources;
“(ii) submit a draft of the plan to the Comptroller General for review and comment; and
“(iii) submit a draft of the plan to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
“(B)
“(i) give consideration in developing the plan under subparagraph (A)(i) to other revenue-generating measures, including subleasing the facility to another entity; and
“(ii) include in the plan a detailed financial statement that covers current Academy expenses and revenues and an analysis of the projected impact of the plan on the Academy's expenses and revenues.
“(C)
“(i) an updated copy of the plan developed pursuant to subparagraph (A)(i);
“(ii) any comments and recommendations made by the Comptroller General pursuant to the Government Accountability Office's review of the draft plan; and
“(iii) a response to the Comptroller General's comments and recommendations, including a description of any modifications made to the plan in response to those comments and recommendations.
“(D)
Audit Procedures
Pub. L. 109–443, §6, Dec. 21, 2006, 120 Stat. 3300, provided that: “The National Transportation Safety Board, in consultation with the Inspector General of the Department of Transportation, shall continue to develop and implement comprehensive internal audit controls for its operations. The audit controls shall address, at a minimum, Board asset management systems, including systems for accounting management, debt collection, travel, and property and inventory management and control.”
Improved Audit Procedures
Pub. L. 106–424, §11, Nov. 1, 2000, 114 Stat. 1887, provided that: “The National Transportation Safety Board, in consultation with the Inspector General of the Department of Transportation, shall develop and implement comprehensive internal audit controls for its financial programs based on the findings and recommendations of the private sector audit firm contract entered into by the Board in March, 2000. The improved internal audit controls shall, at a minimum, address Board asset management systems, including systems for accounting management, debt collection, travel, and property and inventory management and control.”
§1112. Special boards of inquiry on air transportation safety
(a)
(1) one member of the Board acting as chairman; and
(2) 2 members representing the public, appointed by the President on notification of the establishment of the special board of inquiry.
(b)
(c)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 747.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1112 | 49 App.:1443. | Aug. 23, 1958, Pub. L. 85–726, §703, 72 Stat. 782. |
| 49 App.:1655(d) (1st sentence). | Oct. 15, 1966, Pub. L. 89–670, §6(d) (1st sentence), 80 Stat. 938. | |
| 49 App.:1903(a)(1)(A). | Jan. 3, 1975, Pub. L. 93–633, §304(a)(1)(A), 88 Stat. 2168. |
In subsection (c), the words “when convened to investigate an accident certified to it by the National Transportation Safety Board” are omitted as surplus.
§1113. Administrative
(a)
(2) A witness or evidence in a hearing under paragraph (1) of this subsection may be summoned or required to be produced from any place in the United States to the designated place of the hearing. A witness summoned under this subsection is entitled to the same fee and mileage the witness would have been paid in a court of the United States.
(3) A subpoena shall be issued under the signature of the Chairman or the Chairman's delegate but may be served by any person designated by the Chairman.
(4) If a person disobeys a subpoena, order, or inspection notice of the Board, the Board may bring a civil action in a district court of the United States to enforce the subpoena, order, or notice. An action under this paragraph may be brought in the judicial district in which the person against whom the action is brought resides, is found, or does business. The court may punish a failure to obey an order of the court to comply with the subpoena, order, or notice as a contempt of court.
(b)
(A) procure the temporary or intermittent services of experts or consultants under section 3109 of title 5;
(B) make agreements and other transactions necessary to carry out this chapter without regard to section 3709 of the Revised Statutes (41 U.S.C. 5);
(C) use, when appropriate, available services, equipment, personnel, and facilities of a department, agency, or instrumentality of the United States Government on a reimbursable or other basis;
(D) confer with employees and use services, records, and facilities of State and local governmental authorities;
(E) appoint advisory committees composed of qualified private citizens and officials of the Government and State and local governments as appropriate;
(F) accept voluntary and uncompensated services notwithstanding another law;
(G) accept gifts of money and other property;
(H) make contracts with nonprofit entities to carry out studies related to duties and powers of the Board; and
(I) negotiate and enter into agreements with individuals and private entities and departments, agencies, and instrumentalities of the Government, State and local governments, and governments of foreign countries for the provision of facilities, accident-related and technical services or training in accident investigation theory and techniques, and require that such entities provide appropriate consideration for the reasonable costs of any facilities, goods, services, or training provided by the Board.
(2) The Board shall deposit in the Treasury amounts received under paragraph (1)(I) of this subsection to be credited as offsetting collections to the appropriation of the Board. The Board shall maintain an annual record of collections received under paragraph (1)(I) of this subsection.
(c)
(d)
(e)
(f)
(g)
(1)
(2)
(3)
(4)
(5)
(h)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 747; Pub. L. 106–424, §§3(a), (b)(1), 4, Nov. 1, 2000, 114 Stat. 1883, 1884; Pub. L. 109–443, §9(e)–(g), Dec. 21, 2006, 120 Stat. 3301.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1113(a) | 49 App.:1903(b)(1), (3). | Jan. 3, 1975, Pub. L. 93–633, §304(a)(1)(A), (b)(1), (3), (4), (7)–(9), 88 Stat. 2168, 2169, 2170; July 19, 1988, Pub. L. 100–372, §4, 102 Stat. 876. |
| 1113(b)(1)(A) | 49 App.:1441(b) (words before semicolon). | Aug. 23, 1958, Pub. L. 85–726, §701(b), 72 Stat. 781. |
| 49 App.:1655(d) (1st sentence). | Oct. 15, 1966, Pub. L. 89–670, §6(d) (1st sentence), 80 Stat. 938. | |
| 49 App.:1903(a)(1)(A), (b)(6)(C). | ||
| 1113(b)(1)(B) | 49 App.:1903(b)(4). | |
| 1113(b)(1)(C) | 49 App.:1441(b) (words after semicolon). | |
| 49 App.:1655(d) (1st sentence). | ||
| 49 App.:1903(a)(1)(A). | ||
| 49 App.:1903(b)(6)(A). | Jan. 3, 1975, Pub. L. 93–633, §304(b)(6), 88 Stat. 2170; July 19, 1988, Pub. L. 100–372, §5, 102 Stat. 877. | |
| 1113(b) (1)(D)–(I), (2) | 49 App.:1903(b)(6)(B), (D)–(H). | |
| 1113(c) | 49 App.:1903(b)(7). | |
| 1113(d) | 49 App.:1903(b)(8). | |
| 1113(e) | 49 App.:1903(b)(9). | |
| 1113(f) | 49 App.:1903(b)(12). | Jan. 3, 1975, Pub. L. 93–633, §304(b)(12), 88 Stat. 2171; July 19, 1988, Pub. L. 100–372, §4, 102 Stat. 876; Nov. 28, 1990, Pub. L. 101–641, §6, 104 Stat. 4656. |
In subsection (a)(1), the words “sit and act at such times and places” are omitted as unnecessary. The word “necessary” is substituted for “as the Board or such officer or employee deems advisable” because it is more accurate.
In subsection (a)(2), the words “the witness would have been” are added for clarity and consistency in the revised title and with other titles of the United States Code.
In subsection (a)(4), the words “If a person disobeys” are substituted for “In case of contumacy or refusal to obey” for consistency in the revised title and with other titles of the Code. The words “of the Board” are substituted for “of the Board, or of any duly designated employee thereof” to eliminate unnecessary words. The words “the Board may bring a civil action in a district court of the United States” are substituted for “such district court shall, upon the request of the Board, have jurisdiction” for consistency in the revised title and because of 28:1331. The word “forthwith” is omitted as surplus. The words “An action under this paragraph may be brought in the judicial district” are added for clarity.
In subsection (b)(1)(A), the text of 49 App.:1441(b) (words before semicolon) is omitted as superseded by 49 App.:1903(b)(6)(C).
In subsection (b)(1)(B), the words “make agreements and other transactions” are substituted for “enter into . . . such contracts, leases, cooperative agreements, or other transactions” to eliminate unnecessary words. The words “to carry out this chapter” are substituted for “in the conduct of the functions and the duties of the Board under this chapter” for consistency. The words “with any government entity or any person” are omitted as surplus.
In subsection (b)(1)(C), the words “Department of Transportation and of other” are omitted as surplus. The words “department, agency, or instrumentality of the United States Government” are substituted for “civilian or military agencies and instrumentalities of the Federal Government” in 49 App.:1903(b)(6)(A) for consistency in the revised title and with other titles of the Code. The text of 49 App.:1441(b) (words after semicolon) is omitted as superseded by 49 App.:1903(b)(6)(A).
In subsection (b)(1)(D), the word “available” is omitted as surplus.
In subsection (b)(1)(E), the words “one or more” are omitted as surplus because the authority to appoint advisory committees is discretionary and unlimited on its face. The word “appropriate” is substituted for “necessary or appropriate” to eliminate unnecessary words. The words “in accordance with the Federal Advisory Committee Act” are omitted as surplus because that Act applies unless specifically excluded. (See 5 App. U.S.C.)
In subsection (b)(1)(G), the words “gifts of money and other property” are substituted for “gifts or donations of money or property (real, personal, mixed, tangible, or intangible)” to eliminate unnecessary words.
In subsection (b)(1)(H), the words “public or private” are omitted as surplus.
Subsection (b)(2) is substituted for “and to apply the funds received to the Board's appropriations” for clarity and consistency in the revised title and with other titles of the Code.
In subsection (c), the word “submits” is substituted for “submits or transmits” for consistency. The words “Director of the Office of Management and Budget” are substituted for “Office of Management and Budget” because of 31:502(a).
In subsection (d), the word “appropriate” is substituted for “necessary or appropriate” to eliminate unnecessary words.
In subsection (e), the words “officer or employee” are substituted for “employee” for consistency in the revised title. The words “by order” are substituted for “by special or general orders” to eliminate unnecessary words. The word “individuals” is substituted for “people” for consistency in the revised title.
In subsection (f), the words “prescribe regulations to carry out this chapter” are substituted for “rules and regulations as may be necessary to the exercise of its functions” for consistency in the revised title and with other titles of the Code and because “rule” and “regulation” are synonymous.
References in Text
GS–10 of the General Schedule, referred to in subsec. (g)(1), is set out under section 5332 of Title 5, Government Organization and Employees.
Amendments
2006—Subsec. (a)(3). Pub. L. 109–443, §9(e), substituted “subpoena” for “subpena”.
Subsec. (a)(4). Pub. L. 109–443, §9(e), which directed substitution of “subpoena” for “subpena”, was executed by making the substitution wherever appearing, to reflect the probable intent of Congress.
Subsec. (c). Pub. L. 109–443, §9(f), inserted at end “The Board shall develop and approve a process for the Board's review and comment or approval of documents submitted to the President, Director of the Office of Management and Budget, or Congress under this subsection.”
Subsec. (h). Pub. L. 109–443, §9(g), added subsec. (h).
2000—Subsec. (b)(1)(I). Pub. L. 106–424, §3(a), amended subpar. (I) generally. Prior to amendment, subpar. (I) read as follows: “require that the departments, agencies, and instrumentalities of the Government, State and local governments, and governments of foreign countries provide appropriate consideration for the reasonable costs of goods and services supplied by the Board.”
Subsec. (b)(2). Pub. L. 106–424, §3(b)(1), inserted “as offsetting collections” after “to be credited” and “The Board shall maintain an annual record of collections received under paragraph (1)(I) of this subsection.” at end.
Subsec. (g). Pub. L. 106–424, §4, added subsec. (g).
Relief From Contracting Requirements for Investigations Services
Pub. L. 108–168, §4, Dec. 6, 2003, 117 Stat. 2033, as amended by Pub. L. 109–443, §3, Dec. 21, 2006, 120 Stat. 3298, provided that:
“(a)
“(b)
“(1) describes each contract executed by the Board to which the authority provided by subsection (a) was applied; and
“(2) sets forth the rationale for dispensing with competition requirements with respect to such contract.”
Travel Budgets
Pub. L. 106–424, §9, Nov. 1, 2000, 114 Stat. 1886, provided that: “The Chairman of the National Transportation Safety Board shall establish annual fiscal year budgets for non-accident-related travel expenditures for Board members which shall be approved by the Board and submitted to the Senate Committee on Commerce, Science, and Transportation and to the House of Representatives Committee on Transportation and Infrastructure together with an annual report detailing the non-accident-related travel of each Board member. The report shall include separate accounting for foreign and domestic travel, including any personnel or other expenses associated with that travel.”
§1114. Disclosure, availability, and use of information
(a)
(2) The Board shall deposit in the Treasury amounts received under paragraph (1) to be credited to the appropriation of the Board as offsetting collections.
(b)
(A) to another department, agency, or instrumentality of the United States Government when requested for official use;
(B) to a committee of Congress having jurisdiction over the subject matter to which the information is related, when requested by that committee;
(C) in a judicial proceeding under a court order that preserves the confidentiality of the information without impairing the proceeding; and
(D) to the public to protect health and safety after giving notice to any interested person to whom the information is related and an opportunity for that person to comment in writing, or orally in closed session, on the proposed disclosure, if the delay resulting from notice and opportunity for comment would not be detrimental to health and safety.
(2) Information disclosed under paragraph (1) of this subsection may be disclosed only in a way designed to preserve its confidentiality.
(3)
(c)
(A) if the Board holds a public hearing on the accident or incident, at the time of the hearing; or
(B) if the Board does not hold a public hearing, at the time a majority of the other factual reports on the accident or incident are placed in the public docket.
(2) This subsection does not prevent the Board from referring at any time to cockpit voice or video recorder information in making safety recommendations.
(d)
(1)
(A) if the Board holds a public hearing on the accident, at the time of the hearing; or
(B) if the Board does not hold a public hearing, at the time a majority of the other factual reports on the accident are placed in the public docket.
(2)
(e)
(A) any report of a confirmed positive toxicological test, verified as positive by a medical review officer, conducted on an officer or employee of the Department of Transportation under post-accident, unsafe practice, or reasonable suspicion toxicological testing requirements of the Department, when the officer or employee is reasonably associated with the circumstances of an accident or incident under the investigative jurisdiction of the Board.
(B) any laboratory record documenting that the test is confirmed positive.
(2) Except as provided by paragraph (3) of this subsection, the Board shall maintain the confidentiality of, and exempt from disclosure under section 552(b)(3) of title 5—
(A) a laboratory record provided the Board under paragraph (1) of this subsection that reveals medical use of a drug allowed under applicable regulations; and
(B) medical information provided by the tested officer or employee related to the test or a review of the test.
(3) The Board may use a laboratory record made available under paragraph (1) of this subsection to develop an evidentiary record in an investigation of an accident or incident if—
(A) the fitness of the tested officer or employee is at issue in the investigation; and
(B) the use of that record is necessary to develop the evidentiary record.
(f)
(1)
(A) the Board shall release records pertaining to such an investigation when the country conducting the investigation issues its final report or 2 years following the date of the accident, whichever occurs first; and
(B) the Board may disclose records and information when authorized to do so by the country conducting the investigation.
(2)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 749; Pub. L. 104–291, title I, §§102, 103, Oct. 11, 1996, 110 Stat. 3452; Pub. L. 106–424, §§3(b)(2), 5(a), (b), Nov. 1, 2000, 114 Stat. 1884, 1885.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1114(a) | 49 App.:1905(a). | Jan. 3, 1975, Pub. L. 93–633, §306(a), (b), 88 Stat. 2172; Oct. 14, 1982, Pub. L. 97–309, §2, 96 Stat. 1453. |
| 1114(b) | 49 App.:1905(b). | |
| 1114(c) | 49 App.:1905(c). | Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, §306(c); added Oct. 14, 1982, Pub. L. 97–309, §2, 96 Stat. 1453; restated Nov. 28, 1990, Pub. L. 101–641, §4, 104 Stat. 4654. |
| 1114(d)(1) | 49 App.:1903(b) (11)(A). | Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, §304(b)(11); added Nov. 28, 1990, Pub. L. 101–641, §6, 104 Stat. 4656. |
| 1114(d)(2) | 49 App.:1903(b) (11)(B). | |
| 1114(d)(3) | 49 App.:1903(b) (11)(C). |
In subsection (a), the words “record, information, or investigation” are substituted for “communication, document, investigation, or other report, or information” to eliminate unnecessary words. The words “of the United States” are added for clarity.
In subsection (c)(1), before clause (A), the words “Notwithstanding any other provision of law” are omitted as surplus. The word “relevant” is substituted for “relevant and pertinent” to eliminate unnecessary words.
In subsection (d), the words “officer or employee” are substituted for “employee” for clarity and consistency in the revised title and with other titles of the United States Code.
In subsection (d)(2), before clause (A), the words “maintain the confidentiality of” are substituted for “maintain in confidence” for consistency in the revised title and with other titles of the Code. In clause (A), the words “of a confirmed and verified toxicological test” are omitted as unnecessary because of the restatement of the source provisions in paragraph (1) of this subsection.
In subsection (d)(3), the words “laboratory record made available under paragraph (1) of this subsection” are substituted for “such a laboratory record” for clarity.
References in Text
Section 503(e) of the Supplemental Appropriations Act, 1987, referred to in subsec. (e)(1), is section 503(e) of Pub. L. 100–71, which is set out as a note under section 7301 of Title 5, Government Organization and Employees.
Amendments
2000—Subsec. (a). Pub. L. 106–424, §§3(b)(2), 5(b)(2), designated existing provisions as par. (1), substituted “(d), and (f)” for “and (e)” in first sentence, and added par. (2).
Subsec. (c). Pub. L. 106–424, §5(a)(1), struck out “Voice” after “Cockpit” in heading.
Subsec. (c)(1). Pub. L. 106–424, §5(a)(2), (3), substituted “cockpit voice or video recorder” for “cockpit voice recorder” in first sentence and inserted “or any written depiction of visual information” after “transcript” in second sentence.
Subsec. (c)(2). Pub. L. 106–424, §5(a)(2), substituted “cockpit voice or video recorder” for “cockpit voice recorder”.
Subsec. (d). Pub. L. 106–424, §5(b)(1)(B), which directed the addition of subsec. (d) after subsec. (e), was executed by adding subsec. (d) before subsec. (e) to reflect the probable intent of Congress. Former subsec. (d) redesignated (e).
Subsecs. (e), (f). Pub. L. 106–424, §5(b)(1)(A), redesignated subsecs. (d) and (e) as (e) and (f), respectively.
1996—Subsec. (a). Pub. L. 104–291, §102(1), substituted “(b), (c), and (e)” for “(b) and (c)”.
Subsec. (b)(3). Pub. L. 104–291, §103, added par. (3).
Subsec. (e). Pub. L. 104–291, §102(2), added subsec. (e).
§1115. Training
(a)
(b)
(1) the Board for safety training of employees of the Board in carrying out their duties and powers; and
(2) other safety personnel of the United States Government, State and local governments, governments of foreign countries, interstate authorities, and private organizations the Board designates in consultation with the Secretary.
(c)
(A) shall be credited to the appropriate appropriation (subject to the requirements of any annual appropriation); and
(B) is an offset against any annual reimbursement agreement between the Board and the Secretary to cover all reasonable costs of providing training under this subsection that the Secretary incurs in operating the Institute.
(2) The Board shall maintain an annual record of offsets under paragraph (1)(B) of this subsection.
(d)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 750; Pub. L. 104–291, title I, §104, Oct. 11, 1996, 110 Stat. 3453; Pub. L. 106–424, §3(b)(3), Nov. 1, 2000, 114 Stat. 1884.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1115(a) | (no source). | |
| 1115(b) | 49 App.:1903(b)(10) (1st, 2d sentences). | Jan. 3, 1975, Pub. L. 93–633, §304(b)(10), 88 Stat. 2156; added July 19, 1988, Pub. L. 100–372, §4, 102 Stat. 876. |
| 1115(c) | 49 App.:1903(b)(10) (3d–last sentences). |
In subsections (b) and (c), the words “or successor organization” are omitted as unnecessary because of subsection (a) of this section.
In subsection (b), before clause (1), the words “(established for the purpose of developing courses and conducting training in safety and security for all modes of transportation)” are omitted as surplus. In clause (1), the words “carrying out their duties and powers” are substituted for “in the performance of all of their authorized functions” for consistency in the revised title and with other titles of the United States Code. In clause (2), the words “of the United States Government, State and local governments, governments of foreign countries, interstate authorities, and private organizations” are substituted for “of Federal, interstate, State, local, and foreign governments and non-governmental organizations” for clarity and consistency in the revised title and with other titles of the Code.
In subsection (c)(1), before clause (A), the words “the Secretary shall deposit the fee in the Treasury” are added for clarity. In clause (B), the words “direct and indirect” are omitted as surplus. The word “administration” is omitted as being included in “operating”. The text of 49 App.:1903(b)(10) (last sentence) is omitted because 5:ch. 41 applies to the National Transportation Safety Board by its own terms.
Amendments
2000—Subsec. (d). Pub. L. 106–424 substituted “of the Board” for “of the ‘National Transportation Safety Board, Salaries and Expenses’ ”.
1996—Subsec. (d). Pub. L. 104–291 added subsec. (d).
§1116. Reports and studies
(a)
(1) advocate meaningful responses to reduce the likelihood of transportation accidents similar to those investigated by the Board; and
(2) propose corrective action to make the transportation of individuals as safe and free from risk of injury as possible, including action to minimize personal injuries that occur in transportation accidents.
(b)
(1) carry out special studies and investigations about transportation safety, including avoiding personal injury;
(2) examine techniques and methods of accident investigation and periodically publish recommended procedures for accident investigations;
(3) prescribe requirements for persons reporting accidents and aviation incidents that—
(A) may be investigated by the Board under this chapter; or
(B) involve public aircraft (except aircraft of the armed forces and the intelligence agencies);
(4) evaluate, examine the effectiveness of, and publish the findings of the Board about the transportation safety consciousness of other departments, agencies, and instrumentalities of the Government and their effectiveness in preventing accidents; and
(5) evaluate the adequacy of safeguards and procedures for the transportation of hazardous material and the performance of other departments, agencies, and instrumentalities of the Government responsible for the safe transportation of that material.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 751.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1116(a) | 49 App.:1441(a)(3), (5) (related to reducing accidents). | Aug. 23, 1958, Pub. L. 85–726, §701(a)(3), (5), 72 Stat. 781. |
| 49 App.:1655(c)(1). | Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444. | |
| 49 App.:1655(d) (1st sentence). | Oct. 15, 1966, Pub. L. 89–670, §6(d) (1st sentence), 80 Stat. 938. | |
| 49 App.:1903(a)(1)(A), (3). | Jan. 3, 1975, Pub. L. 93–633, §304(a)(1)(A), (3)–(5), (7), (8), 88 Stat. 2168, 2169. | |
| 1116(b)(1) | 49 App.:1441(a)(5) (related to studies). | |
| 49 App.:1655(d) (1st sentence). | ||
| 49 App.:1903(a)(1)(A), (4). | ||
| 1116(b) (2)–(5) | 49 App.:1903(a)(5). | |
| 49 App.:1903(a)(6). | Jan. 3, 1975, Pub. L. 93–633, §304(a)(6), 88 Stat. 2169; Nov. 3, 1981, Pub. L. 97–74, §4, 95 Stat. 1065; Dec. 30, 1987, Pub. L. 100–223, §311(a), 101 Stat. 1528. | |
| 49 App.:1903(a)(7), (8). |
In subsection (a)(1), the word “recommending” is omitted as being included in “advocate” in 49 App.:1903(a)(3). The word “recurrence” is omitted as surplus. The text of 49 App.:1441(a)(3) and (5) (related to reducing accidents) is omitted as superseded by 49 App.:1903(a)(3).
In subsection (b)(1), the words “carry out” are substituted for “initiate and conduct” in 49 App.:1903(a)(4) for consistency in the revised title and with other titles of the United States Code. The text of 49 App.:1441(a)(5) (related to studies) is omitted as superseded by 49 App.:1903(a)(4).
In subsection (b)(2), the word “examine” is substituted for “assess and reassess” for clarity. The words “prepare and” are omitted as surplus.
In subsection (b)(3), the words “by regulation” are omitted as unnecessary because of section 1113(f) of the revised title.
In subsection (b)(4), the word “effectiveness” is substituted for “efficacy” for clarity.
§1117. Annual report
The National Transportation Safety Board shall submit a report to Congress on July 1 of each year. The report shall include—
(1) a statistical and analytical summary of the transportation accident investigations conducted and reviewed by the Board during the prior calendar year;
(2) a survey and summary of the recommendations made by the Board to reduce the likelihood of recurrence of those accidents together with the observed response to each recommendation;
(3) a detailed appraisal of the accident investigation and accident prevention activities of other departments, agencies, and instrumentalities of the United States Government and State and local governmental authorities having responsibility for those activities under a law of the United States or a State;
(4) a description of the activities and operations of the National Transportation Safety Board Academy during the prior calendar year;
(5) a list of accidents, during the prior calendar year, that the Board was required to investigate under section 1131 but did not investigate and an explanation of why they were not investigated; and
(6) a list of ongoing investigations that have exceeded the expected time allotted for completion by Board order and an explanation for the additional time required to complete each such investigation.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 751; Pub. L. 104–66, title II, §2151, Dec. 21, 1995, 109 Stat. 731; Pub. L. 109–443, §2(a)(1), Dec. 21, 2006, 120 Stat. 3297.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1117 | 49 App.:1904. | Jan. 3, 1975, Pub. L. 93–633, §305, 88 Stat. 2171. |
In this section, before clause (1), the words “but need not be limited to” are omitted as surplus. In clause (2), the words “in such detail as the Board deems advisable” are omitted as surplus. In clause (3), the words “departments, agencies, and instrumentalities of the United States Government and State and local governmental authorities” are substituted for “other government agencies” for clarity and consistency in the revised title and with other titles of the United States Code. The words “for those activities” are substituted for “in this field” for clarity. In clause (4), the word “evaluation” is substituted for “appraisal and evaluation and review” because it is inclusive.
Amendments
2006—Pars. (4) to (6). Pub. L. 109–443 added pars. (4) to (6).
1995—Par. (4). Pub. L. 104–66 struck out par. (4) which read as follows: “an evaluation conducted every 2 years of transportation safety and recommendations for legislative and administrative action and change.”
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which the 9th item on page 185 identifies a reporting provision which, as subsequently amended, is contained in this section), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance.
§1118. Authorization of appropriations
(a)
(b)
(c)
(1)
(2)
(A) shall be credited as offsetting collections to the account that finances the activities and services for which the fee is imposed or with which the refund or reimbursement is associated;
(B) shall be available for expenditure only to pay the costs of activities and services for which the fee is imposed or with which the refund or reimbursement is associated; and
(C) shall remain available until expended.
(3)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 752; Pub. L. 103–411, §2, Oct. 25, 1994, 108 Stat. 4236; Pub. L. 104–291, title I, §105, Oct. 11, 1996, 110 Stat. 3453; Pub. L. 106–424, §13, Nov. 1, 2000, 114 Stat. 1888; Pub. L. 108–168, §2, Dec. 6, 2003, 117 Stat. 2032; Pub. L. 109–443, §8(a), (b)(1), (c), Dec. 21, 2006, 120 Stat. 3300.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1118(a) | 49 App.:1907(a) (1st–6th, last sentences). | Jan. 3, 1975, Pub. L. 93–633, §309(a), 88 Stat. 2173; Oct. 11, 1976, Pub. L. 94–481, 90 Stat. 2080; Sept. 11, 1978, Pub. L. 95–363, §2, 92 Stat. 597; Nov. 3, 1981, Pub. L. 97–74, §2, 95 Stat. 1065; June 6, 1983, Pub. L. 98–37, 97 Stat. 204; July 19, 1988, Pub. L. 100–372, §2, 102 Stat. 876; Nov. 28, 1990, Pub. L. 101–641, §2, 104 Stat. 4654. |
| 1118(b) | 49 App.:1907(b) (1st, 2d sentences). | Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, §309(b); added July 19, 1988, Pub. L. 100–372, §2(b), 102 Stat. 876. |
| 1118(c) | 49 App.:1907(a) (7th sentence), (b) (last sentence). |
In subsection (a), the words “to the National Transportation Safety Board” are added for clarity and consistency in the revised title. References to the fiscal years ending June 30, 1975, through September 30, 1992, are omitted as obsolete.
In subsection (b)(2), the words “amounts equal to amounts expended annually out of the fund” are substituted for “to replenish the fund annually” for clarity.
Amendments
2006—Subsec. (a). Pub. L. 109–443, §8(a), struck out “and” after “2005,” and substituted “2006, $81,594,000 for fiscal year 2007, and $92,625,000 for fiscal year 2008.” for “2006.”
Subsec. (c). Pub. L. 109–443, §8(b)(1), amended subsec. (c) generally. Prior to amendment, subsec. (c) related to appropriations and fees for the National Transportation Safety Board Academy.
Subsec. (d). Pub. L. 109–443, §8(c), struck out heading and text of subsec. (d). Text read as follows: “The National Transportation Safety Board shall transmit an annual report to the Congress on the activities and operations of the National Transportation Safety Board Academy.”
2003—Subsec. (a). Pub. L. 108–168, §2(a), struck out “and” after “fiscal year 2001,” and substituted “$73,325,000 for fiscal year 2003, $78,757,000 for fiscal year 2004, $83,011,000 for fiscal year 2005, and $87,539,000 for fiscal year 2006. Such sums shall” for “such sums to”.
Subsec. (b). Pub. L. 108–168, §2(b), added second sentence and struck out former second sentence which read as follows: “Amounts equal to the amounts expended annually out of the fund are authorized to be appropriated to the emergency fund.”
Subsecs. (c), (d). Pub. L. 108–168, §2(c), added subsecs. (c) and (d).
2000—Pub. L. 106–424 amended section catchline and text generally. Prior to amendment, text read as follows:
“(a)
“(b)
“(1) $1,000,000 to establish the fund.
“(2) amounts equal to amounts expended annually out of the fund.
“(c)
1996—Subsec. (a). Pub. L. 104–291 struck out “and” after “1995,” and inserted “, $42,400,00 for fiscal year 1997, $44,400,000 for fiscal year 1998, and $46,600,000 for fiscal year 1999.” before period at end of first sentence.
1994—Subsec. (a). Pub. L. 103–411 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “Not more than $38,800,000 may be appropriated to the National Transportation Safety Board for the fiscal year ending September 30, 1993, to carry out this chapter.”
Effective Date of 2006 Amendment
Pub. L. 109–443, §8(b)(2), Dec. 21, 2006, 120 Stat. 3300, provided that: “The amendments made by paragraph (1) [amending this section] shall take effect on October 1, 2005.”
§1119. Accident and safety data classification and publication
(a)
(b)
(1)
(2)
(3)
(4)
(5)
(c)
(1)
(2)
(3)
(Added Pub. L. 104–264, title IV, §407(a)(1), Oct. 9, 1996, 110 Stat. 3257; amended Pub. L. 108–168, §5, Dec. 6, 2003, 117 Stat. 2034.)
References in Text
The date of the enactment of this section, referred to in subsecs. (a) and (b)(1), is the date of enactment of Pub. L. 104–264, which was approved Oct. 9, 1996.
Amendments
2003—Subsec. (c). Pub. L. 108–168 added subsec. (c).
Effective Date
Except as otherwise specifically provided, section applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as an Effective Date of 1996 Amendment note under section 106 of this title.
SUBCHAPTER III—AUTHORITY
§1131. General authority
(a)
(A) an aircraft accident the Board has authority to investigate under section 1132 of this title or an aircraft accident involving a public aircraft as defined by section 40102(a)(37) 1 of this title other than an aircraft operated by the Armed Forces or by an intelligence agency of the United States;
(B) a highway accident, including a railroad grade crossing accident, the Board selects in cooperation with a State;
(C) a railroad accident in which there is a fatality or substantial property damage, or that involves a passenger train;
(D) a pipeline accident in which there is a fatality, substantial property damage, or significant injury to the environment;
(E) a major marine casualty (except a casualty involving only public vessels) occurring on or under the navigable waters, internal waters, or the territorial sea of the United States as described in Presidential Proclamation No. 5928 of December 27, 1988, or involving a vessel of the United States (as defined in section 2101(46) 1 of title 46), under regulations prescribed jointly by the Board and the head of the department in which the Coast Guard is operating; and
(F) any other accident related to the transportation of individuals or property when the Board decides—
(i) the accident is catastrophic;
(ii) the accident involves problems of a recurring character; or
(iii) the investigation of the accident would carry out this chapter.
(2)(A) Subject to the requirements of this paragraph, an investigation by the Board under paragraph (1)(A)–(D) or (F) of this subsection has priority over any investigation by another department, agency, or instrumentality of the United States Government. The Board shall provide for appropriate participation by other departments, agencies, or instrumentalities in the investigation. However, those departments, agencies, or instrumentalities may not participate in the decision of the Board about the probable cause of the accident.
(B) If the Attorney General, in consultation with the Chairman of the Board, determines and notifies the Board that circumstances reasonably indicate that the accident may have been caused by an intentional criminal act, the Board shall relinquish investigative priority to the Federal Bureau of Investigation. The relinquishment of investigative priority by the Board shall not otherwise affect the authority of the Board to continue its investigation under this section.
(C) If a Federal law enforcement agency suspects and notifies the Board that an accident being investigated by the Board under subparagraph (A), (B), (C), or (D) of paragraph (1) may have been caused by an intentional criminal act, the Board, in consultation with the law enforcement agency, shall take necessary actions to ensure that evidence of the criminal act is preserved.
(3) This section and sections 1113, 1116(b), 1133, and 1134(a) and (c)–(e) of this title do not affect the authority of another department, agency, or instrumentality of the Government to investigate an accident under applicable law or to obtain information directly from the parties involved in, and witnesses to, the accident. The Board and other departments, agencies, and instrumentalities shall ensure that appropriate information developed about the accident is exchanged in a timely manner.
(b)
(2) Paragraph (1) of this subsection and subsection (a)(1)(E) of this section do not affect the responsibility, under another law of the United States, of the head of the department in which the Coast Guard is operating.
(c)
(A) investigate an accident described under subsection (a) or (b) of this section in which misfeasance or nonfeasance by the Government has not been alleged; and
(B) report the facts and circumstances of the accident to the Board.
(2) The Board shall use the report in establishing cause or probable cause of an accident described under subsection (a) or (b) of this section.
(d)
(e)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 752; Pub. L. 103–411, §3(c), Oct. 25, 1994, 108 Stat. 4237; Pub. L. 106–424, §§6(a), 7, Nov. 1, 2000, 114 Stat. 1885, 1886; Pub. L. 108–168, §7, Dec. 6, 2003, 117 Stat. 2034; Pub. L. 109–443, §9(b), (c), Dec. 21, 2006, 120 Stat. 3301.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1131(a)(1) | 49 App.:1903(a) (1)(A)–(E) (less last sentence of (E)), (F). | Jan. 3, 1975, Pub. L. 93–633, §304(a)(1)(A)–(F), 88 Stat. 2168; Oct. 24, 1992, Pub. L. 102–508, §303, 106 Stat. 3307. |
| 1131(a)(2) | 49 App.:1903(a)(1) (2d, 3d sentences). | Jan. 3, 1975, Pub. L. 93–633, §304(a)(1) (less (A)–(F)), 88 Stat. 2168; Nov. 3, 1981, Pub. L. 97–74, §3, 95 Stat. 1065. |
| 1131(a)(3) | 49 App.:1903(a)(1) (4th, 5th sentences). | |
| 1131(b) | 49 App.:1903(a)(1)(E) (last sentence). | |
| 1131(c) | 49 App.:1441(f). | Aug. 23, 1958, Pub. L. 85–726, §701(a)(4), (f), 72 Stat. 781. |
| 49 App.:1655(c)(1). | Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444. | |
| 49 App.:1655(d) (1st sentence). | Oct. 15, 1966, Pub. L. 89–670, §6(d) (1st sentence), 80 Stat. 938. | |
| 49 App.:1903(a)(1)(A) (6th, last sentences). | ||
| 1131(d) | 49 App.:1441(a)(4). | |
| 49 App.:1655(d) (1st sentence). | ||
| 49 App.:1903(a)(1)(A). | ||
| 49 App.:1903(a)(2). | Jan. 3, 1975, Pub. L. 93–633, §304(a)(2), 88 Stat. 2168; July 19, 1988, Pub. L. 100–372, §3(a), 102 Stat. 876. |
In this section, the word “conditions” is omitted as being included in “circumstances”. The words “head of the department in which the Coast Guard is operating” are substituted for “Secretary of the department in which the Coast Guard is operating” for consistency in the revised title and with other titles of the United States Code.
In subsection (a)(1)(A), the words “the Board has authority to investigate under section 1132 of this title” are substituted for “which is within the scope of the functions, powers, and duties transferred from the Civil Aeronautics Board under section 1655(d) of this Appendix pursuant to title VII of the Federal Aviation Act of 1958, as amended [49 App. U.S.C. 1441 et seq.]” because of the restatement.
In subsection (a)(1)(F), before subclause (i), the word “decides” is substituted for “in the judgment of” for clarity. The word “individuals” is substituted for “people” for consistency in the revised title. In subclause (iii), the words “the investigation of” are added as being more precise.
In subsection (a)(3), the word “developed” is substituted for “obtained or developed” to eliminate unnecessary words.
In subsection (b)(2), the word “affect” is substituted for “eliminate or diminish” for clarity.
In subsection (c), the text of 49 App.:1441(f) is omitted as superseded by 49 App.:1903(a)(1) (6th, last sentences).
In subsection (d), the words “in writing” in 49 App.:1903(a)(2) are omitted as surplus. The words “by it” are added for clarity. The text of 49 App.:1441(a)(4) is omitted as superseded by 49 App.:1903(a)(1)(A) and (2).
References in Text
Section 40102(a)(37) of this title, referred to in subsec. (a)(1)(A), was redesignated section 40102(a)(41) by Pub. L. 108–176, title II, §225(a)(3), Dec. 12, 2003, 117 Stat. 2528.
Presidential Proclamation No. 5928, referred to in subsec. (a)(1)(E), is set out as a note under section 1331 of Title 43, Public Lands.
Section 2101(46) of title 46, referred to in subsec. (a)(1)(E), was repealed and reenacted as section 116 of title 46 by Pub. L. 109–304, §§4, 15(2)(A), Oct. 6, 2006, 120 Stat. 1486, 1702.
Amendments
2006—Subsec. (a)(1)(E). Pub. L. 109–443, §9(b), substituted “on or under the navigable waters, internal waters, or the territorial sea of the United States as described in Presidential Proclamation No. 5928 of December 27, 1988,” for “on the navigable waters or territorial sea of the United States,” and inserted “(as defined in section 2101(46) of title 46)” after “vessel of the United States”.
Subsec. (c)(1). Pub. L. 109–443, §9(c), inserted “or the Secretary of the department in which the Coast Guard is operating” after “Transportation” in introductory provisions.
2003—Subsec. (a)(2)(B), (C). Pub. L. 108–168 realigned margins.
2000—Subsec. (a)(2). Pub. L. 106–424, §6(a), designated existing provisions as subpar. (A), substituted “Subject to the requirements of this paragraph, an investigation” for “An investigation”, and added subpars. (B) and (C).
Subsec. (d). Pub. L. 106–424, §7, substituted “1134(a), (b), (d), and (f)” for “1134(b)(2)”.
1994—Subsec. (a)(1)(A). Pub. L. 103–411, §3(c)(1), inserted before semicolon at end “or an aircraft accident involving a public aircraft as defined by section 40102(a)(37) of this title other than an aircraft operated by the Armed Forces or by an intelligence agency of the United States”.
Subsecs. (d), (e). Pub. L. 103–411, §3(c)(2), added subsec. (d) and redesignated former subsec. (d) as (e).
Effective Date of 1994 Amendment
Section 3(d) of Pub. L. 103–411 provided that: “The amendments made by subsections (a) and (c) [amending this section and section 40102 of this title] shall take effect on the 180th day following the date of the enactment of this Act [Oct. 25, 1994].”
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
Revision of 1977 Agreement
Pub. L. 108–168, §3(b), Dec. 6, 2003, 117 Stat. 2033, provided that: “Not later than 1 year after the date of enactment of this Act [Dec. 6, 2003], the National Transportation Safety Board and the Federal Bureau of Investigation shall revise their 1977 agreement on the investigation of accidents to take into account the amendments made by this section [amending section 1136 of this title] and shall submit a copy of the revised agreement to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.”
Pub. L. 106–424, §6(b), Nov. 1, 2000, 114 Stat. 1886, provided that: “Not later than 1 year after the date of the enactment of this Act [Nov. 1, 2000], the National Transportation Safety Board and the Federal Bureau of Investigation shall revise their 1977 agreement on the investigation of accidents to take into account the amendments made by this Act [see Short Title of 2000 Amendment note set out under section 1101 of this title].”
Memorandum of Understanding
Pub. L. 106–424, §8, Nov. 1, 2000, 114 Stat. 1886, provided that: “Not later than 1 year after the date of the enactment of this Act [Nov. 1, 2000], the National Transportation Safety Board and the United States Coast Guard shall revise their Memorandum of Understanding governing major marine accidents—
“(1) to redefine or clarify the standards used to determine when the National Transportation Safety Board will lead an investigation; and
“(2) to develop new standards to determine when a major marine accident involves significant safety issues relating to Coast Guard safety functions.”
1 See References in Text note below.
§1132. Civil aircraft accident investigations
(a)
(A) each accident involving civil aircraft; and
(B) with the participation of appropriate military authorities, each accident involving both military and civil aircraft.
(2) A person employed under section 1113(b)(1) of this title that is conducting an investigation or hearing about an aircraft accident has the same authority to conduct the investigation or hearing as the Board.
(b)
(c)
(d)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 753.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1132(a)(1) | 49 App.:1441(a)(2). | Aug. 23, 1958, Pub. L. 85–726, §§701(a)(1), (2), (c) (1st sentence), (g), 702, 72 Stat. 781, 782. |
| 49 App.:1442(a). | ||
| 49 App.:1655(d) (1st sentence). | Oct. 15, 1966, Pub. L. 89–670, §6(d) (1st sentence), 80 Stat. 938. | |
| 49 App.:1903(a)(1)(A). | Jan. 3, 1975, Pub. L. 93–633, §304(a)(1)(A), 88 Stat. 2168. | |
| 1132(a)(2) | 49 App.:1441(c) (1st sentence). | |
| 49 App.:1655(d) (1st sentence). | ||
| 49 App.:1903(a)(1)(A). | ||
| 1132(b) | 49 App.:1441(a)(1). | |
| 49 App.:1655(d) (1st sentence). | ||
| 49 App.:1903(a)(1)(A). | ||
| 1132(c) | 49 App.:1441(g). | |
| 49 App.:1655(c)(1). | Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444. | |
| 49 App.:1655(d) (1st sentence). | ||
| 49 App.:1903(a)(1)(A). | ||
| 1132(d) | 49 App.:1442(b), (c). | |
| 49 App.:1655(c)(1), (d) (1st sentence). | ||
| 49 App.:1903(a)(1)(A). |
In subsection (a)(1)(A), the words “and report the facts, conditions, and circumstances related to each accident and the probable cause thereof” in 49 App.:1441(a)(2) are omitted as unnecessary because of section 1131(d) of the revised title.
In subsection (a)(1)(B), the words “provide for” in 49 App.:1442(a) are omitted as surplus.
In subsection (a)(2), the words “any member of the National Transportation Safety Board or any officer or employee of the National Transportation Safety Board” in 49 App.:1441(c) are omitted as unnecessary because of sections 1113 and 1134 of the revised title.
In subsections (c) and (d), the words “Secretary of Transportation” and “Secretary” are substituted for “Administrator” in sections 701(g) and 702(b) and (c) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 782) for consistency. Section 6(c)(1) of the Department of Transportation Act (Public Law 89–670, 80 Stat. 938) transferred all duties and powers of the Federal Aviation Agency and the Administrator to the Secretary of Transportation. However, the Secretary was to carry out certain provisions through the Administrator. In addition, various laws enacted since then have vested duties and powers in the Administrator. All provisions of law the Secretary is required to carry out through the Administrator are included in 49:106(g).
In subsection (c), the words “and his representatives” in 49 App.:1441(g) are omitted because of 49:322(b). The words “when participation is necessary to carry out the duties and powers” are substituted for “In order to assure the proper discharge . . . of his duties and responsibilities” to eliminate unnecessary words. The words “or his representatives” are omitted because of 49:322(b).
§1133. Review of other agency action
The National Transportation Safety Board shall review on appeal—
(1) the denial, amendment, modification, suspension, or revocation of a certificate issued by the Secretary of Transportation under section 44703, 44709, or 44710 of this title;
(2) the revocation of a certificate of registration under section 44106 of this title;
(3) a decision of the head of the department in which the Coast Guard is operating on an appeal from the decision of an administrative law judge denying, revoking, or suspending a license, certificate, document, or register in a proceeding under section 6101, 6301, or 7503, chapter 77, or section 9303 of title 46; and
(4) under section 46301(d)(5) of this title, an order imposing a penalty under section 46301.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 754.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1133(1)–(3) | 49 App.:1903(a)(9). | Jan. 3, 1975, Pub. L. 93–633, §304(a)(9), 88 Stat. 2169; Oct. 19, 1984, Pub. L. 98–499, §4(b), 98 Stat. 2315. |
| 1133(4) | (no source). |
In clause (1), the word “certificate” is substituted for “operating certificate” for consistency in the revised title. The words “or license” are omitted as unnecessary because only certificates are issued under the sections cited in this section.
In clause (3), the words “head of the department in which the Coast Guard is operating” are substituted for “Commandant of the Coast Guard” for consistency with 14:5 and 46:2101(34).
Clause (4) is added to reflect all the appellate responsibilities of the National Transportation Safety Board.
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
§1134. Inspections and autopsies
(a)
(1) on display of appropriate credentials and written notice of inspection authority, may enter property where a transportation accident has occurred or wreckage from the accident is located and do anything necessary to conduct an investigation; and
(2) during reasonable hours, may inspect any record, process, control, or facility related to an accident investigation under this chapter.
(b)
(2) Any civil aircraft, aircraft engine, propeller, appliance, or property on an aircraft involved in an accident in air commerce shall be preserved, and may be moved, only as provided by regulations of the Board.
(c)
(1) does not interfere unnecessarily with transportation services provided by the owner or operator of the vehicle, vessel, rolling stock, track, or pipeline component; and
(2) to the maximum extent feasible, preserves evidence related to the accident, consistent with the needs of the investigation and with the cooperation of that owner or operator.
(d)
(e)
(f)
(2) With or without reimbursement, the Board may obtain a copy of an autopsy report performed by a State or local official on an individual who died because of a transportation accident investigated by the Board under this chapter.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 754.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1134(a) | 49 App.:1903(b)(2) (1st sentence words before 3d comma, 3d sentence). | Jan. 3, 1975, Pub. L. 93–633, §304(b)(2), 88 Stat. 2170; Nov. 3, 1981, Pub. L. 97–74, §5, 95 Stat. 1065; Nov. 28, 1990, Pub. L. 101–641, §3, 104 Stat. 4654. |
| 1134(b) | 49 App.:1441(c) (2d sentence), (d). | Aug. 23, 1958, Pub. L. 85–726, §701(c) (2d, last sentences), (d), 72 Stat. 781; Oct. 15, 1962, Pub. L. 87–810, §§1, 2, 76 Stat. 921. |
| 49 App.:1655(d) (1st sentence). | Oct. 15, 1966, Pub. L. 89–670, §6(d) (1st sentence), 80 Stat. 938. | |
| 49 App.:1903(a)(1)(A). | Jan. 3, 1975, Pub. L. 93–633, §304(a)(1)(A), (b)(5), 88 Stat. 2168, 2170. | |
| 1134(c) | 49 App.:1903(b)(2) (1st sentence words after 3d comma, 2d sentence). | |
| 1134(d) | 49 App.:1903(b)(2) (5th, last sentences). | |
| 1134(e) | 49 App.:1903(b)(2) (4th sentence). | |
| 1134(f) | 49 App.:1441(c) (last sentence). | |
| 49 App.:1655(d) (1st sentence). | ||
| 49 App.:1903(a)(1)(A), (b)(5). |
In subsection (a), before clause (1), the word “officer” is added for consistency in the revised title.
In subsection (b)(1), the words “investigating an aircraft accident” are substituted for “carrying out its duties” in 49 App.:1441(c) for clarity. The words “inspect and test” are substituted for “examine and test” for consistency in the revised title and with other titles of the United States Code.
In subsection (c), before clause (1), the words “In carrying out subsection (a)(1) of this section, an officer or employee” are added because of the restatement. The words “or any part of any such item” are omitted as surplus. The words “when such examination or testing is determined to be required for purposes of such investigation” are omitted as unnecessary because of the words “do anything necessary to conduct an investigation” in subsection (a)(1) of this section. In clause (1), the word “obstruct” is omitted as being included in “interfere”.
In subsection (d), the word “individuals” is substituted for “persons” the 2d time that word is used for clarity. The words “The Board shall make any of those decisions” are substituted for “and shall be made” because of the restatement.
In subsection (e), the word “promptly” is substituted for “with reasonable promptness” to eliminate unnecessary words.
In subsection (f)(1), the words “In the case of any fatal accident” in 49 App.:1441(c) are omitted as surplus. The words “to examine the remains of any deceased person aboard the aircraft at the time of the accident, who dies as a result of the accident” are omitted as unnecessary because of the authority of the Board to conduct autopsies.
§1135. Secretary of Transportation's responses to safety recommendations
(a)
(1) to carry out procedures to adopt the complete recommendation;
(2) to carry out procedures to adopt a part of the recommendation; or
(3) to refuse to carry out procedures to adopt the recommendation.
(b)
(c)
(d)
(1)
(2)
(3)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 755; Pub. L. 108–168, §6, Dec. 6, 2003, 117 Stat. 2034; Pub. L. 109–443, §2(b), Dec. 21, 2006, 120 Stat. 3298.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1135(a), (b) | 49 App.:1906(a) (less last sentence). | Jan. 3, 1975, Pub. L. 93–633, §307(a), 88 Stat. 2172; Nov. 3, 1981, Pub. L. 97–74, §6, 95 Stat. 1066; July 19, 1988, Pub. L. 100–372, §3(b), 102 Stat. 876. |
| 1135(c) | 49 App.:1906(a) (last sentence). | |
| 1135(d) | 49 App.:1906(b). | Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, §307(b); added Nov. 3, 1981, Pub. L. 97–74, §6, 95 Stat. 1066. |
In subsections (a) and (b), the words “carry out” are substituted for “initiate and conduct” for consistency in the revised title and with other titles of the United States Code.
In subsection (a)(1), the word “complete” is substituted for “in full” for consistency in the revised title.
Amendments
2006—Subsec. (d)(3). Pub. L. 109–443 amended heading and text of par. (3) generally. Prior to amendment, text read as follows: “This subsection shall cease to be in effect after the report required to be filed on February 1, 2008, is filed.”
2003—Subsec. (d). Pub. L. 108–168 amended heading and text of subsec. (d) generally. Prior to amendment, text read as follows: “The Secretary shall submit to Congress on January 1 of each year a report containing each recommendation on transportation safety made by the Board to the Secretary during the prior year and a copy of the Secretary's response to each recommendation.”
Reports on Certain Open Safety Recommendations
Pub. L. 108–168, §9, Dec. 6, 2003, 117 Stat. 2035, provided that:
“(a)
“(1) 15-passenger van safety;
“(2) railroad grade crossing safety; and
“(3) medical certifications for a commercial driver's license.
“(b)
“(1) final regulatory action has been taken on the recommendation;
“(2) the Secretary determines, and states in the report, that no action should be taken on that recommendation; or
“(3) the report, if any, required to be submitted in 2008 is submitted.
“(c)
NTSB Safety Recommendations
Pub. L. 107–355, §19, Dec. 17, 2002, 116 Stat. 3009, as amended by Pub. L. 108–426, §2(c)(3), Nov. 30, 2004, 118 Stat. 2424, provided that:
“(a)
“(b)
“(c)
§1136. Assistance to families of passengers involved in aircraft accidents
(a)
(1) designate and publicize the name and phone number of a director of family support services who shall be an employee of the Board and shall be responsible for acting as a point of contact within the Federal Government for the families of passengers involved in the accident and a liaison between the air carrier or foreign air carrier and the families; and
(2) designate an independent nonprofit organization, with experience in disasters and posttrauma communication with families, which shall have primary responsibility for coordinating the emotional care and support of the families of passengers involved in the accident.
(b)
(c)
(1) To provide mental health and counseling services, in coordination with the disaster response team of the air carrier or foreign air carrier involved.
(2) To take such actions as may be necessary to provide an environment in which the families may grieve in private.
(3) To meet with the families who have traveled to the location of the accident, to contact the families unable to travel to such location, and to contact all affected families periodically thereafter until such time as the organization, in consultation with the director of family support services designated for the accident under subsection (a)(1), determines that further assistance is no longer needed.
(4) To communicate with the families as to the roles of the organization, government agencies, and the air carrier or foreign air carrier involved with respect to the accident and the post-accident activities.
(5) To arrange a suitable memorial service, in consultation with the families.
(d)
(1)
(A)
(B)
(2)
(e)
(1) are briefed, prior to any public briefing, about the accident, its causes, and any other findings from the investigation; and
(2) are individually informed of and allowed to attend any public hearings and meetings of the Board about the accident.
(f)
(g)
(1)
(2)
(3)
(h)
(1)
(2)
(A) an employee of an air carrier or foreign air carrier aboard an aircraft; and
(B) any other person aboard the aircraft without regard to whether the person paid for the transportation, occupied a seat, or held a reservation for the flight.
(i)
(j)
(1)
(2)
(Added Pub. L. 104–264, title VII, §702(a)(1), Oct. 9, 1996, 110 Stat. 3265; amended Pub. L. 106–181, title IV, §401(a)(1), (b)–(d), Apr. 5, 2000, 114 Stat. 129; Pub. L. 108–168, §3(a), Dec. 6, 2003, 117 Stat. 2033.)
Amendments
2003—Subsec. (j). Pub. L. 108–168 added subsec. (j).
2000—Subsec. (g)(2). Pub. L. 106–181, §401(a)(1), substituted “transportation and in the event of an accident involving a foreign air carrier that occurs within the United States,” for “transportation,”, inserted “(including any associate, agent, employee, or other representative of an attorney)” after “attorney”, and substituted “45th day” for “30th day”.
Subsec. (g)(3). Pub. L. 106–181, §401(b), added par. (3).
Subsec. (h)(2). Pub. L. 106–181, §401(c), amended heading and text generally. Prior to amendment, text read as follows: “The term ‘passenger’ includes an employee of an air carrier aboard an aircraft.”
Subsec. (i). Pub. L. 106–181, §401(d), added subsec. (i).
Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
Effective Date
Except as otherwise specifically provided, section applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as an Effective Date of 1996 Amendment note under section 106 of this title.
§1137. Authority of the Inspector General
(a)
(b)
(1) keep the Chairman of the Board and Congress fully and currently informed about problems relating to administration of the internal accounting and administrative control systems of the Board;
(2) issue findings and recommendations for actions to address such problems; and
(3) report periodically to Congress on any progress made in implementing actions to address such problems.
(c)
(d)
(1)
(2)
(Added Pub. L. 106–424, §12(a), Nov. 1, 2000, 114 Stat. 1887; amended Pub. L. 109–443, §4, Dec. 21, 2006, 120 Stat. 3299.)
References in Text
Section 6 of the Inspector General Act of 1978, referred to in subsec. (c), is section 6 of Pub. L. 95–452, which is set out in the Appendix to Title 5, Government Organization and Employees.
Amendments
2006—Subsec. (d). Pub. L. 109–443 amended heading and text of subsec. (d) generally. Prior to amendment, text read as follows: “The Inspector General shall be reimbursed by the Board for the costs associated with carrying out activities under this section.”
§1138. Evaluation and audit of National Transportation Safety Board
(a)
(b)
(1) information management and security, including privacy protection of personally identifiable information;
(2) resource management;
(3) workforce development;
(4) procurement and contracting planning, practices and policies;
(5) the extent to which the Board follows leading practices in selected management areas; and
(6) the extent to which the Board addresses management challenges in completing accident investigations.
(c)
(Added Pub. L. 109–443, §5(a), Dec. 21, 2006, 120 Stat. 3299.)
SUBCHAPTER IV—ENFORCEMENT AND PENALTIES
§1151. Aviation enforcement
(a)
(b)
(1) to enforce section 1132, 1134(b) or (f)(1) (related to an aircraft accident), 1136(g)(2), or 1155(a) of this title or a regulation prescribed or order issued under any of those sections; and
(2) to prosecute a person violating those sections or a regulation prescribed or order issued under any of those sections.
(c)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 756; Pub. L. 106–181, title IV, §401(a)(2), Apr. 5, 2000, 114 Stat. 129.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1151(a) | 49 App.:1487(a) (related to CAB). | Aug. 23, 1958, Pub. L. 85–726, §§1007 (related to CAB), 1008 (related to CAB), 72 Stat. 796. |
| 49 App.:1655(d) (1st sentence). | Oct. 15, 1966, Pub. L. 89–670, §6(d) (1st sentence), 80 Stat. 938. | |
| 49 App.:1903(a)(1)(A). | Jan. 3, 1975, Pub. L. 93–633, §304(a)(1)(A), 88 Stat. 2168. | |
| 1151(b) | 49 App.:1487(b) (related to CAB). | |
| 49 App.:1655(d) (1st sentence). | ||
| 49 App.:1903(a)(1)(A). | ||
| 1151(c) | 49 App.:1488 (related to CAB). | |
| 49 App.:1655(d) (1st sentence). | ||
| 49 App.:1903(a)(1)(A). |
In this section, the words “section 1132, 1134(b) or (f)(1) (related to an aircraft accident), or 1155(a) of this title” are substituted for “issued under this chapter” and “provisions of this chapter” because those sections restate the relevant provisions of 49 App.:ch. 20 carried out by the National Transportation Safety Board.
In subsections (a) and (b), the word “rule” is omitted as being synonymous with “regulation”. The word “requirement” is omitted as being included in “order”. The words “or any term, condition, or limitation of any certificate or permit” are omitted because the National Transportation Safety Board does not have authority to issue certificates or permits.
In subsection (a), the words “their duly authorized agents” are omitted as surplus. The words “may bring a civil action” are substituted for “may apply” in 49 App.:1487(a) for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). The words “An action under this subsection may be brought in the judicial district in which” are substituted for “for any district wherein” for clarity. The text of 49 App.:1487(a) (words after semicolon) is omitted as unnecessary because of rule 81(b) of the Federal Rules of Civil Procedure (28 App. U.S.C.).
In subsection (b), before clause (1), the words “Attorney General” are substituted for “any district attorney of the United States” in 49 App.:1487(b) because of 28:509. The words “to whom the Board or Secretary of Transportation may apply” are omitted as surplus. The words “may bring a civil action” are substituted for “is authorized to institute . . . all necessary proceedings” for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). The words “under the direction of the Attorney General” are omitted as unnecessary because of 28:516. The text of 49 App.:1487(b) (words after last comma) is omitted as obsolete.
In subsection (c), the words “civil action” are substituted for “proceeding in court” for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.).
Amendments
2000—Pub. L. 106–181 inserted “1136(g)(2),” before “or 1155(a)” in subsecs. (a), (b)(1), and (c).
Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
§1152. Joinder and intervention in aviation proceedings
A person interested in or affected by a matter under consideration in a proceeding or a civil action to enforce section 1132, 1134(b) or (f)(1) (related to an aircraft accident), or 1155(a) of this title, or a regulation prescribed or order issued under any of those sections, may be joined as a party or permitted to intervene in the proceeding or civil action.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 756.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1152 | 49 App.:1489. | Aug. 23, 1958, Pub. L. 85–726, §1009, 72 Stat. 796. |
| 49 App.:1655(d) (1st sentence). | Oct. 15, 1966, Pub. L. 89–670, §6(d) (1st sentence), 80 Stat. 938. | |
| 49 App.:1903(a)(1)(A). | Jan. 3, 1975, Pub. L. 93–633, §304(a)(1)(A), 88 Stat. 2168. |
The words “civil action” are substituted for “proceedings . . . begun originally in any court of the United States” for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). The words “section 1132, 1134(b) or (f)(1) (related to an aircraft accident), or 1155(a) of this title” are substituted for “the provisions of this chapter” in 49 App.:1489 because 49 App.:1489 is taken from 49 App.:ch. 20 and the sections in quotations restate the relevant provisions of 49 App.:ch. 20 carried out by the National Transportation Safety Board. The remaining relevant provisions of 49 App.:ch. 20 are restated in part A of subtitle VII of the revised title, and provisions comparable to this section are included as section 46109 of the revised title. The word “rule” is omitted as being synonymous with “regulation”. The word “requirement” is omitted as included in “order”. The words “or any term, condition, or limitation of any certificate or permit” are omitted because the Board does not have authority to issue certificates or permits. The words “may be joined as a party or permitted to intervene” are substituted for “it shall be lawful to include as parties, or to permit the intervention of” for clarity. The text of 49 App.:1489 (words after semicolon) is omitted as surplus.
§1153. Judicial review
(a)
(b)
(2) When a petition is filed under paragraph (1) of this subsection, the clerk of the court immediately shall send a copy of the petition to the Board. The Board shall file with the court a record of the proceeding in which the order was issued.
(3) When the petition is sent to the Board, the court has exclusive jurisdiction to affirm, amend, modify, or set aside any part of the order and may order the Board to conduct further proceedings. After reasonable notice to the Board, the court may grant interim relief by staying the order or taking other appropriate action when cause for its action exists. Findings of fact by the Board, if supported by substantial evidence, are conclusive.
(4) In reviewing an order under this subsection, the court may consider an objection to an order of the Board only if the objection was made in the proceeding conducted by the Board or if there was a reasonable ground for not making the objection in the proceeding.
(5) A decision by a court under this subsection may be reviewed only by the Supreme Court under section 1254 of title 28.
(c)
(d)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 756; Pub. L. 108–293, title VI, §622, Aug. 9, 2004, 118 Stat. 1063.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1153(a) | 49 App.:1655(d) (last sentence). | Oct. 15, 1966, Pub. L. 89–670, §6(d), 80 Stat. 938. |
| 49 App.:1903(d). | Jan. 3, 1975, Pub. L. 93–633, §304(d), 88 Stat. 2171. | |
| 1153(b)(1) | 49 App.:1486(a), (b) (as 1486(a), (b) relates to CAB). | Aug. 23, 1958, Pub. L. 85–726, §1006(a), (b), (e), (f) (as §1006(a), (b), (e), (f) relates to CAB), 72 Stat. 795. |
| 49 App.:1655(d) (1st sentence). | ||
| 1153(b)(2) | 49 App.:1486(c) (related to CAB). | Aug. 23, 1958, Pub. L. 85–726, §1006(c) (related to CAB), 72 Stat. 795; restated June 29, 1960, Pub. L. 86–546, §1, 74 Stat. 255. |
| 49 App.:1655(d) (1st sentence). | ||
| 1153(b)(3) | 49 App.:1486(d), (e) (1st sentence) (as 1486(d), (e) (1st sentence) relates to CAB). | Aug. 23, 1958, Pub. L. 85–726, §1006(d) (related to CAB), 72 Stat. 795; restated Sept. 13, 1961, Pub. L. 87–225, §2, 75 Stat. 497. |
| 49 App.:1655(d) (1st sentence). | ||
| 1153(b)(4) | 49 App.:1486(e) (last sentence related to CAB). | |
| 49 App.:1655(d) (1st sentence). | ||
| 1153(b)(5) | 49 App.:1486(f) (related to CAB). | |
| 49 App.:1655(d) (1st sentence). | ||
| 1153(c) | 49 App.:1429(a) (8th–last sentences related to Administrator under subch. VII). | Aug. 23, 1958, Pub. L. 85–726, §609(a) (8th–last sentences related to Administrator under title VII), 72 Stat. 779; Nov. 18, 1971, Pub. L. 92–159, §2(a), 85 Stat. 481; Aug. 26, 1992, Pub. L. 102–345, §3(a)(2), 106 Stat. 925. |
| 49 App.:1471(a) (3)(D)(v) (related to Administrator under subch. VII). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §901(a) (3)(D)(v) (related to Administrator under title VII); added Nov. 18, 1988, Pub. L. 100–690, §7208(b), 102 Stat. 4429; restated Aug. 26, 1992, Pub. L. 102–345, §2(a), 106 Stat. 923. | |
| 49 App.:1655(c)(1). | Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444. |
In subsection (a), the text of 49 App.:1903(d) (last sentence) is omitted as unnecessary because 5:ch. 7 applies by its own terms. The words “final order” are substituted for “order, affirmative or negative” in 49 App.:1903(d) and “Decisions of the National Transportation Safety Board made pursuant to the exercise of the functions, powers, and duties enumerated in this subsection shall be administratively final” in 49 App.:1655(d) to eliminate unnecessary words. The words “is issued” are substituted for “after the entry” for consistency in the revised title and with other titles of the United States Code. The text of 49 App.:1655(d) (last sentence words after last comma) is omitted as unnecessary because of 49 App.:1903(d).
In subsection (b)(1), the words “affirmative or negative” are omitted as surplus. The words “related to an aviation matter” are added because the source provisions being restated only apply to aviation matters. The words “is issued” are substituted for “the entry of” for consistency in the revised title and with other titles of the Code.
In subsection (b)(2), the words “if any” are omitted as surplus. The words “of the proceeding” are added for clarity. The words “complained of” and “as provided in section 2112 of title 28” are omitted as surplus.
In subsection (b)(3), the word “amend” is added for consistency in the revised title. The word “interim” is substituted for “interlocutory” for clarity. The words “taking other appropriate action” are substituted for “by such mandatory or other relief as may be appropriate” for clarity and to eliminate unnecessary words.
In subsection (b)(4), the words “made in the proceeding conducted by” are substituted for “urged before” for clarity.
In subsection (c), the source provisions are combined to eliminate unnecessary words and are restated in this chapter to alert the reader to the authority of the Administrator of the Federal Aviation Administration to seek judicial review of an order of the National Transportation Safety Board under section 44709 or 46301(d) of the revised title that the Administrator decides will have a significant adverse impact on carrying out source provisions restated in this chapter that are derived from title VII of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 781).
Amendments
2004—Subsec. (d). Pub. L. 108–293 added subsec. (d).
§1154. Discovery and use of cockpit and surface vehicle recordings and transcripts
(a)
(A) any part of a cockpit or surface vehicle recorder transcript that the National Transportation Safety Board has not made available to the public under section 1114(c) or 1114(d) of this title; and
(B) a cockpit or surface vehicle recorder recording.
(2)(A) Except as provided in paragraph (4)(A) of this subsection, a court may allow discovery by a party of a cockpit or surface vehicle recorder transcript if, after an in camera review of the transcript, the court decides that—
(i) the part of the transcript made available to the public under section 1114(c) or 1114(d) of this title does not provide the party with sufficient information for the party to receive a fair trial; and
(ii) discovery of additional parts of the transcript is necessary to provide the party with sufficient information for the party to receive a fair trial.
(B) A court may allow discovery, or require production for an in camera review, of a cockpit or surface vehicle recorder transcript that the Board has not made available under section 1114(c) or 1114(d) of this title only if the cockpit or surface vehicle recorder recording is not available.
(3) Except as provided in paragraph (4)(A) of this subsection, a court may allow discovery by a party of a cockpit or surface vehicle recorder recording if, after an in camera review of the recording, the court decides that—
(A) the parts of the transcript made available to the public under section 1114(c) or 1114(d) of this title and to the party through discovery under paragraph (2) of this subsection do not provide the party with sufficient information for the party to receive a fair trial; and
(B) discovery of the cockpit or surface vehicle recorder recording is necessary to provide the party with sufficient information for the party to receive a fair trial.
(4)(A) When a court allows discovery in a judicial proceeding of a part of a cockpit or surface vehicle recorder transcript not made available to the public under section 1114(c) or 1114(d) of this title or a cockpit or surface vehicle recorder recording, the court shall issue a protective order—
(i) to limit the use of the part of the transcript or the recording to the judicial proceeding; and
(ii) to prohibit dissemination of the part of the transcript or the recording to any person that does not need access to the part of the transcript or the recording for the proceeding.
(B) A court may allow a part of a cockpit or surface vehicle recorder transcript not made available to the public under section 1114(c) or 1114(d) of this title or a cockpit or surface vehicle recorder recording to be admitted into evidence in a judicial proceeding, only if the court places the part of the transcript or the recording under seal to prevent the use of the part of the transcript or the recording for purposes other than for the proceeding.
(5) This subsection does not prevent the Board from referring at any time to cockpit or surface vehicle recorder information in making safety recommendations.
(6) In this subsection:
(A)
(B)
(b)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 757; Pub. L. 106–424, §5(c)(1), Nov. 1, 2000, 114 Stat. 1885.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1154(a) | 49 App.:1905(c)(3), (d). | Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, §306(c)(3), (d); added Oct. 14, 1982, Pub. L. 97–309, §2, 96 Stat. 1453; restated Nov. 28, 1990, Pub. L. 101–641, §4, 104 Stat. 4655. |
| 1154(b) | 49 App.:1441(e). | Aug. 23, 1958, Pub. L. 85–726, §701(e), 72 Stat. 781. |
| 49 App.:1655(d) (1st sentence). | Oct. 15, 1966, Pub. L. 89–670, §6(d) (1st sentence), 80 Stat. 938. | |
| 49 App.:1903(a)(1)(A), (c). | Jan. 3, 1975, Pub. L. 93–633, §304(a)(1)(A), (c), 88 Stat. 2168, 2171. |
In subsection (a), the word “transcript” is substituted for “transcriptions” for clarity.
In subsection (a)(1)(A), the words “that the National Transportation Safety Board has not made available to the public” are substituted for “other than such portions made available to the public by the Board” for clarity.
In subsection (a)(2)(B), the words “prepared by or under the direction of the Board” are omitted as unnecessary and for consistency with the source provisions restated in this subsection.
In subsection (b), the words “civil action” are substituted for “suit or action” in 49 App.:1441(e) and 1903(c) for consistency with the Federal Rules of Civil Procedure (28 App. U.S.C.).
Amendments
2000—Pub. L. 106–424, §5(c)(1)(A), substituted “and surface vehicle recordings and transcripts” for “voice and other material” in section catchline.
Subsec. (a). Pub. L. 106–424, §5(c)(1)(B), substituted “cockpit or surface vehicle recorder” for “cockpit voice recorder” wherever appearing.
Pub. L. 106–424, §5(c)(1)(C), substituted “section 1114(c) or 1114(d)” for “section 1114(c)” wherever appearing.
Subsec. (a)(6). Pub. L. 106–424, §5(c)(1)(D), which directed the amendment of this section by adding par. (6) at the end, was executed by adding par. (6) at the end of subsec. (a) to reflect the probable intent of Congress.
§1155. Aviation penalties
(a)
(2) This subsection does not apply to a member of the armed forces of the United States or an employee of the Department of Defense subject to the Uniform Code of Military Justice when the member or employee is performing official duties. The appropriate military authorities are responsible for taking necessary disciplinary action and submitting to the National Transportation Safety Board a timely report on action taken.
(3) The Board may compromise the amount of a civil penalty imposed under this subsection.
(4) The Government may deduct the amount of a civil penalty imposed or compromised under this subsection from amounts it owes the person liable for the penalty.
(5) A civil penalty under this subsection may be collected by bringing a civil action against the person liable for the penalty. The action shall conform as nearly as practicable to a civil action in admiralty.
(b)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 758; Pub. L. 104–264, title VII, §702(b), Oct. 9, 1996, 110 Stat. 3267.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1155(a)(1), (2) | 49 App.:1471(a)(1) (related to subchapter VII). | Aug. 23, 1958, Pub. L. 85–726, §901(a)(1) (related to title VII), 72 Stat. 783; restated July 10, 1962, Pub. L. 87–528, §12, 76 Stat. 149; Aug. 5, 1974, Pub. L. 93–366, §107, 88 Stat. 414; Jan. 3, 1975, Pub. L. 93–633, §113(b), 88 Stat. 2162. |
| 49 App.:1655(d) (1st sentence). | Oct. 15, 1966, Pub. L. 89–670, §6(d) (1st sentence), 80 Stat. 938. | |
| 49 App.:1903(a)(1)(A). | Jan. 3, 1975, Pub. L. 93–633, §304(a)(1)(A), 88 Stat. 2168. | |
| 1155(a)(3), (4) | 49 App.:1471(a)(2) (related to subchapter VII). | Aug. 23, 1958, Pub. L. 85–726, §901(a)(2) (related to title VII), 72 Stat. 784; July 10, 1962, Pub. L. 87–528, §12, 76 Stat. 150; restated Oct. 24, 1978, Pub. L. 95–504, §35(b), 92 Stat. 1740. |
| 49 App.:1655(d) (1st sentence). | ||
| 49 App.:1903(a)(1)(A). | ||
| 1155(a)(5) | 49 App.:1473(b)(1). | Aug. 23, 1958, Pub. L. 85–726, §903(b)(1), 72 Stat. 786; Oct. 24, 1978, Pub. L. 95–504, §36, 92 Stat. 1741. |
| 49 App.:1473(b)(4). | Aug. 23, 1958, Pub. L. 85–726, §903(b)(4), 72 Stat. 787. | |
| 49 App.:1655(d) (1st sentence). | ||
| 49 App.:1903(a)(1)(A). | ||
| 1155(b) | 49 App.:1472(p). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §902(p); added Oct. 15, 1962, Pub. L. 87–810, §4, 76 Stat. 921; Aug. 5, 1974, Pub. L. 93–366, §103(b), 88 Stat. 410; Dec. 30, 1987, Pub. L. 100–223, §204(e), 101 Stat. 1520. |
In subsection (a)(1), the words “section 1132 or 1134(b) or (f)(1) (related to an aircraft accident) of this title” are substituted for “any provision of subchapter . . . VII . . . of this chapter” in 49 App.:1471(a)(1) because those sections restate the relevant source provisions of 49 App.:ch. 20 carried out by the Board. The words “regulation prescribed or order issued under either of those sections” are substituted for “rule, regulation, or order issued thereunder” for clarity and consistency in the revised title and with other titles of the United States Code and because “rule” and “regulation” are synonymous. The words “liable to the United States Government” are substituted for “subject to” for clarity. The words “for each such violation” are omitted as unnecessary because of 18:1.
In subsection (a)(2), the word “civilian” is omitted as unnecessary. The words “with respect thereto” are omitted as surplus.
In subsection (a)(4), the words “imposed or compromised” are substituted for “finally determined or fixed by order of the Board, or the amount agreed upon in compromise” in 49 App.:1471(a)(2) for consistency and to eliminate unnecessary words.
In subsection (a)(5), the words “imposed or assessed” are omitted as surplus. The words “civil action against the person” are substituted for “proceedings in personam against the person” in 49 App.:1473(b)(1) for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.) and to eliminate unnecessary words. The text of 49 App.:1473(b)(1) (1st sentence words after 1st comma and last sentence) is omitted as unnecessary because penalties imposed by the National Transportation Safety Board do not involve liens on aircraft. The text of 49 App.:1473(b)(4) is omitted as unnecessary because of 28:ch. 131.
References in Text
The Uniform Code of Military Justice, referred to in subsec. (a)(2), is classified generally to chapter 47 (§801 et seq.) of Title 10, Armed Forces.
Prior Provisions
Prior chapter 31 (§§3101–3104) of subtitle II redesignated and restated as chapter 315 (§§31501–31504) of subtitle VI of this title by Pub. L. 103–272, §1(c), (e).
Amendments
1996—Subsec. (a)(1). Pub. L. 104–264 substituted “, section 1134(b), section 1134(f)(1), or section 1136(g)” for “or 1134(b) or (f)(1)” and “any of” for “either of”.
Effective Date of 1996 Amendment
Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title.
SUBTITLE III—GENERAL AND INTERMODAL PROGRAMS
Amendments
2005—Pub. L. 109–59, title III, §3002(c), Aug. 10, 2005, 119 Stat. 1545, substituted “Public” for “Mass” in item for chapter 53.
1998—Pub. L. 105–178, title VII, §7302(b), June 9, 1998, 112 Stat. 482, added item for chapter 61.
CHAPTER 51—TRANSPORTATION OF HAZARDOUS MATERIAL
Amendments
2005—Pub. L. 109–59, title VII, §§7111, 7115(a)(2), (h), 7123(c), Aug. 10, 2005, 119 Stat. 1899, 1901, 1908, struck out item 5111 “Rail tank cars”, substituted “Special permits and exclusions” for “Exemptions and exclusions” in item 5117, struck out item 5118 “Inspectors”, added items 5127 and 5128, and struck out former item 5127 “Authorization of appropriations”.
2001—Pub. L. 107–56, title X, §1012(a)(2), Oct. 26, 2001, 115 Stat. 397, added item 5103a.
1 So in original. Does not conform to section catchline.
§5101. Purpose
The purpose of this chapter is to protect against the risks to life, property, and the environment that are inherent in the transportation of hazardous material in intrastate, interstate, and foreign commerce.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 759; Pub. L. 109–59, title VII, §7101(b), Aug. 10, 2005, 119 Stat. 1891.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5101 | 49 App.:1801. | Jan. 3, 1975, Pub. L. 93–633, §102, 88 Stat. 2156. |
The words “It is declared to be the policy of Congress”, “the Nation”, and “which are” are omitted as surplus.
Amendments
2005—Pub. L. 109–59 substituted “The purpose of this chapter is to protect against the risks to life, property, and the environment that are inherent in the transportation of hazardous material in intrastate, interstate, and foreign commerce” for “The purpose of this chapter is to provide adequate protection against the risks to life and property inherent in the transportation of hazardous material in commerce by improving the regulatory and enforcement authority of the Secretary of Transportation”.
Short Title of 2005 Amendment
Pub. L. 109–59, title III, §3001, Aug. 10, 2005, 119 Stat. 1544, provided that: “This title [see Tables for classification] may be cited as the ‘Federal Public Transportation Act of 2005’.”
Pub. L. 109–59, title VII, §7001, Aug. 10, 2005, 119 Stat. 1891, provided that: “This title [see Tables for classification] may be cited as the ‘Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005’.”
Short Title of 1998 Amendment
Pub. L. 105–178, title III, §3001, June 9, 1998, 112 Stat. 338, provided that: “This title [amending sections 5302 to 5305, 5307 to 5315, 5317 to 5320, 5323, 5325 to 5328, and 5333 to 5338 of this title and enacting provisions set out as notes under sections 301, 5301, 5307 to 5310, 5323, 5336, and 5338 of this title and sections 138 and 322 of Title 23, Highways] may be cited as the ‘Federal Transit Act of 1998’.”
Short Title of 1996 Amendment
Pub. L. 104–291, title II, §201, Oct. 11, 1996, 110 Stat. 3453, provided that: “This title [enacting section 5908 of this title and amending sections 5901 to 5903 and 5905 to 5907 of this title] may be cited as the ‘Intermodal Safe Container Transportation Amendments Act of 1996’.”
Short Title of 1994 Amendment
Pub. L. 103–311, title I, §101, Aug. 26, 1994, 108 Stat. 1673, provided that: “This title [amending sections 5102 to 5104, 5107, 5108, 5110, 5116, 5117, 5121, and 5125 to 5127 of this title and enacting provisions set out as notes under this section, sections 5103, 5112, and 5121 of this title, and section 307 of Title 23, Highways] may be cited as the ‘Hazardous Materials Transportation Authorization Act of 1994’.”
Transfer of Functions
For transfer of duties, powers, and authority of Research and Special Programs Administration under this chapter to the Administrator of the Pipeline and Hazardous Materials Safety Administration, see section 2(b) of Pub. L. 108–426, set out as a note under section 108 of this title.
Findings
Pub. L. 109–59, title VII, §7101(a), Aug. 10, 2005, 119 Stat. 1891, provided that: “Congress finds with respect to hazardous materials transportation that—
“(1) approximately 4,000,000,000 tons of regulated hazardous materials are transported each year and approximately 1,200,000 movements of hazardous materials occur each day, according to Department of Transportation estimates;
“(2) the movement of hazardous materials in commerce is necessary to maintain economic vitality and meet consumer demands and must be conducted in a safe, secure, and efficient manner;
“(3) accidents involving, or unauthorized access to, hazardous materials in transportation may result in a release of such materials and pose a serious threat to public health and safety;
“(4) because of the potential risks to life, property, and the environment posed by unintentional releases of hazardous materials, consistency in laws and regulations governing the transportation of hazardous materials is necessary and desirable; and
“(5) in order to provide reasonable, adequate, and cost-effective protection from the risks posed by the transportation of hazardous materials, a network of well-trained State and local emergency response personnel and hazmat employees is essential.”
Buy American
Pub. L. 103–311, title I, §123, Aug. 26, 1994, 108 Stat. 1682, provided that:
“(a)
“(b)
“(1) In the case of any equipment or products that may be authorized to be purchased with financial assistance provided under this title, it is the sense of Congress that entities receiving such assistance should, in expending such assistance, purchase only American-made equipment and products.
“(2) In providing financial assistance under this title, the Secretary of Transportation shall provide to each recipient of the assistance a notice describing the statement made in paragraph (1) by Congress.
“(c)
“(d)
“(1) Except as provided in paragraph (2), no contract or subcontract may be made with funds authorized under this title to a company organized under the laws of a foreign country unless the Secretary of Transportation finds that such country affords comparable opportunities to companies organized under laws of the United States.
“(2)(A) The Secretary of Transportation may waive the provisions of paragraph (1) if the products or services required are not reasonably available from companies organized under the laws of the United States. Any such waiver shall be reported to Congress.
“(B) Paragraph (1) shall not apply to the extent that to do so would violate the General Agreement on Tariffs and Trade or any other international agreement to which the United States is a party.”
§5102. Definitions
In this chapter—
(1) “commerce” means trade or transportation in the jurisdiction of the United States—
(A) between a place in a State and a place outside of the State;
(B) that affects trade or transportation between a place in a State and a place outside of the State; or
(C) on a United States-registered aircraft.
(2) “hazardous material” means a substance or material the Secretary designates under section 5103(a) of this title.
(3) “hazmat employee”—
(A) means an individual—
(i) who—
(I) is employed on a full time, part time, or temporary basis by a hazmat employer; or
(II) is self-employed (including an owner-operator of a motor vehicle, vessel, or aircraft) transporting hazardous material in commerce; and
(ii) who during the course of such full time, part time, or temporary employment, or such self employment, directly affects hazardous material transportation safety as the Secretary decides by regulation; and
(B) includes an individual, employed on a full time, part time, or temporary basis by a hazmat employer, or self employed, who during the course of employment—
(i) loads, unloads, or handles hazardous material;
(ii) designs, manufactures, fabricates, inspects, marks, maintains, reconditions, repairs, or tests a package, container, or packaging component that is represented, marked, certified, or sold as qualified for use in transporting hazardous material in commerce;
(iii) prepares hazardous material for transportation;
(iv) is responsible for the safety of transporting hazardous material; or
(v) operates a vehicle used to transport hazardous material.
(4) “hazmat employer”—
(A) means a person—
(i) who—
(I) employs or uses at least 1 hazmat employee on a full time, part time, or temporary basis; or
(II) is self-employed (including an owner-operator of a motor vehicle, vessel, or aircraft) transporting hazardous material in commerce; and
(ii) who—
(I) transports hazardous material in commerce;
(II) causes hazardous material to be transported in commerce; or
(III) designs, manufactures, fabricates, inspects, marks, maintains, reconditions, repairs, or tests a package, container, or packaging component that is represented, marked, certified, or sold as qualified for use in transporting hazardous material in commerce; and
(B) includes a department, agency, or instrumentality of the United States Government, or an authority of a State, political subdivision of a State, or Indian tribe, carrying out an activity described in clause (ii).
(5) “imminent hazard” means the existence of a condition relating to hazardous material that presents a substantial likelihood that death, serious illness, severe personal injury, or a substantial endangerment to health, property, or the environment may occur before the reasonably foreseeable completion date of a formal proceeding begun to lessen the risk of that death, illness, injury, or endangerment.
(6) “Indian tribe” has the same meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).
(7) “motor carrier”—
(A) means a motor carrier, motor private carrier, and freight forwarder as those terms are defined in section 13102; but
(B) does not include a freight forwarder, as so defined, if the freight forwarder is not performing a function relating to highway transportation.
(8) “National Response Team” means the National Response Team established under the National Contingency Plan established under section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9605).
(9) “person”, in addition to its meaning under section 1 of title 1—
(A) includes a government, Indian tribe, or authority of a government or tribe that—
(i) offers hazardous material for transportation in commerce;
(ii) transports hazardous material to further a commercial enterprise; or
(iii) designs, manufactures, fabricates, inspects, marks, maintains, reconditions, repairs, or tests a package, container, or packaging component that is represented, marked, certified, or sold as qualified for use in transporting hazardous material in commerce; but
(B) does not include—
(i) the United States Postal Service; and
(ii) in sections 5123 and 5124 of this title, a department, agency, or instrumentality of the Government.
(10) “public sector employee”—
(A) means an individual employed by a State, political subdivision of a State, or Indian tribe and who during the course of employment has responsibilities related to responding to an accident or incident involving the transportation of hazardous material;
(B) includes an individual employed by a State, political subdivision of a State, or Indian tribe as a firefighter or law enforcement officer; and
(C) includes an individual who volunteers to serve as a firefighter for a State, political subdivision of a State, or Indian tribe.
(11) “Secretary” means the Secretary of Transportation except as otherwise provided.
(12) “State” means—
(A) except in section 5119 of this title, a State of the United States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, the Virgin Islands, American Samoa, Guam, and any other territory or possession of the United States designated by the Secretary; and
(B) in section 5119 of this title, a State of the United States and the District of Columbia.
(13) “transports” or “transportation” means the movement of property and loading, unloading, or storage incidental to the movement.
(14) “United States” means all of the States.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 759; Pub. L. 103–311, title I, §117(a)(1), Aug. 26, 1994, 108 Stat. 1678; Pub. L. 104–88, title III, §308(d), Dec. 29, 1995, 109 Stat. 947; Pub. L. 109–59, title VII, §§7102, 7126, Aug. 10, 2005, 119 Stat. 1892, 1909.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5102(1) | 49 App.:1802(1)–(3), (13). | Jan. 3, 1975, Pub. L. 93–633, §103, 88 Stat. 2156; restated Nov. 16, 1990, Pub. L. 101–615, §3(a), 104 Stat. 3245; Oct. 24, 1992, Pub. L. 102–508, §§501, 502, 106 Stat. 3311. |
| 5102(2) | 49 App.:1802(4). | |
| 5102(3) | 49 App.:1802(5). | |
| 5102(4) | 49 App.:1802(6). | |
| 5102(5) | 49 App.:1802(7). | |
| 5102(6) | 49 App.:1802(8). | |
| 5102(7) | 49 App.:1802(9). | |
| 5102(8) | 49 App.:1802(10). | |
| 5102(9) | 49 App.:1802(11). | |
| 5102(10) | 49 App.:1802(12). | |
| 5102(11) | 49 App.:1802(14). | |
| 5102(12) | 49 App.:1802(15). | |
| 5102(13) | 49 App.:1802(16). |
In this chapter, the words “or shipped” are omitted as being included in “transported”.
In clause (1), before subclause (A), the text of 49 App.:1802(1), (3), and (13) is omitted because the complete names of the Administrator of the Environmental Protection Agency, Director of the Federal Emergency Management Agency, and Secretary of Transportation are used the first time the terms appear in a section. The words “traffic, commerce” are omitted as surplus. In subclause (B), the words “between a place in a State and a place outside of the State” are substituted for “described in clause (A)” for clarity.
In clauses (3)(C) and (10)(B), the words “at a minimum” are omitted as surplus.
In clause (5), the words “administrative hearing or other” are omitted as surplus.
In clause (9), before subclause (A), the words “including any trustee, receiver, assignee, or similar representative thereof” are omitted as surplus.
In clause (12), the words “by any mode” are omitted as surplus.
Amendments
2005—Par. (1)(C). Pub. L. 109–59, §7102(1), added subpar. (C).
Par. (2). Pub. L. 109–59, §7126, substituted “Secretary” for “Secretary of Transportation”.
Par. (3)(A)(i). Pub. L. 109–59, §7102(2)(A), added cl. (i) and struck out former cl. (i) which read as follows: “employed by a hazmat employer; and”.
Par. (3)(A)(ii). Pub. L. 109–59, §7102(2)(B), substituted “course of such full time, part time, or temporary employment, or such self employment,” for “course of employment” and inserted “and” at end.
Par. (3)(B). Pub. L. 109–59, §7102(2)(D)(i), which directed amendment of par. (3)(A) by substituting “employed on a full time, part time, or temporary basis by a hazmat employer, or self employed,” for “employed by a hazmat employer,” in subpar. (B), was executed to introductory provisions of par. (3)(B) to reflect the probable intent of Congress.
Pub. L. 109–59, §7102(2)(C), which directed amendment of par. (3)(A) by striking subpar. (B) and redesignating subpar. (C) as (B), was executed by redesignating par. (3)(C) as (3)(B) and striking out former par. (3)(B) to reflect the probable intent of Congress. Prior to amendment, par. (3)(B) read as follows: “includes an owner-operator of a motor vehicle transporting hazardous material in commerce; and”.
Par. (3)(B)(ii). Pub. L. 109–59, §7102(2)(D)(ii), which directed amendment of par. (3)(A) by striking out cl. (ii) and inserting new cl. (ii) in subpar. (B), was executed by adding par. (3)(B)(ii) and striking out former par. (3)(B)(ii) to reflect the probable intent of Congress. Prior to amendment, par. (3)(B)(ii) read as follows: “manufactures, reconditions, or tests containers, drums, and packagings represented as qualified for use in transporting hazardous material;”.
Par. (3)(C). Pub. L. 109–59, §7102(2)(C), which directed amendment of par. (3)(A) by redesignating subpar. (C) as (B), was executed by redesignating par. (3)(C) as (3)(B) to reflect the probable intent of Congress.
Par. (4). Pub. L. 109–59, §7102(3), amended par. (4) generally. Prior to amendment, par. (4) consisted of subpars. (A) to (C), which included within definition of “hazmat employer” a person using at least one employee in connection with transporting or containers for transporting hazardous material, an owner-operator of a motor vehicle transporting hazardous material in commerce, and a department, agency, or instrumentality of the United States Government, or an authority of a State, political subdivision of a State, or Indian tribe, carrying out certain described activities.
Par. (5). Pub. L. 109–59, §7102(4), inserted “relating to hazardous material” after “of a condition”.
Par. (7). Pub. L. 109–59, §7102(5), amended par. (7) generally. Prior to amendment, par. (7) read as follows: “ ‘motor carrier’ means a motor carrier, motor private carrier, and freight forwarder as those terms are defined in section 13102 of this title.”
Par. (8). Pub. L. 109–59, §7102(6), substituted “National Response Team” for “national response team” in two places and “National Contingency Plan” for “national contingency plan”.
Par. (9)(A). Pub. L. 109–59, §7102(7), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “includes a government, Indian tribe, or authority of a government or tribe offering hazardous material for transportation in commerce or transporting hazardous material to further a commercial enterprise; but”.
Pars. (11) to (14). Pub. L. 109–59, §7102(8), added par. (11) and redesignated former pars. (11) to (13) as (12) to (14), respectively.
1995—Par. (7). Pub. L. 104–88 substituted “motor carrier, motor private” for “motor common carrier, motor contract carrier, motor private” and “section 13102” for “section 10102”.
1994—Pars. (3)(C)(ii), (4)(A)(iii). Pub. L. 103–311 substituted “packagings” for “packages”.
§5103. General regulatory authority
(a)
(b)
(A) apply to a person who—
(i) transports hazardous material in commerce;
(ii) causes hazardous material to be transported in commerce;
(iii) designs, manufactures, fabricates, inspects, marks, maintains, reconditions, repairs, or tests a package, container, or packaging component that is represented, marked, certified, or sold as qualified for use in transporting hazardous material in commerce;
(iv) prepares or accepts hazardous material for transportation in commerce;
(v) is responsible for the safety of transporting hazardous material in commerce;
(vi) certifies compliance with any requirement under this chapter; or
(vii) misrepresents whether such person is engaged in any activity under clause (i) through (vi); and
(B) shall govern safety aspects, including security, of the transportation of hazardous material the Secretary considers appropriate.
(2) A proceeding to prescribe the regulations must be conducted under section 553 of title 5, including an opportunity for informal oral presentation.
(c)
(d)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 761; Pub. L. 103–311, title I, §117(a)(2), Aug. 26, 1994, 108 Stat. 1678; Pub. L. 103–429, §6(3), Oct. 31, 1994, 108 Stat. 4378; Pub. L. 107–296, title XVII, §1711(a), Nov. 25, 2002, 116 Stat. 2319; Pub. L. 109–59, title VII, §§7103, 7126, Aug. 10, 2005, 119 Stat. 1893, 1909; Pub. L. 109–177, title VII, §741, Mar. 9, 2006, 120 Stat. 272.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5103(a) | 49 App.:1803. | Jan. 3, 1975, Pub. L. 93–633, §104, 88 Stat. 2156. |
| 5103(b) | 49 App.:1804(a) (1)–(3). | Jan. 3, 1975, Pub. L. 93–633, §105(a)(1)–(3), 88 Stat. 2157; restated Nov. 16, 1990, Pub. L. 101–615, §4, 104 Stat. 3247. |
In subsection (a), the words “such quantity and form of material” and “in his discretion” are omitted as surplus.
In subsection (b)(1), before clause (A), the words “in accordance with section 553 of title 5” are omitted because 5:553 applies unless otherwise stated. In clause (A)(i), the words “hazardous material in commerce”, and in clause (A)(ii), the words “hazardous material . . . in commerce”, are added for consistency in this chapter.
Pub. L. 103–429
This amends 49:5103(b)(2) to clarify the restatement of 49 App.:1804(a)(2) by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 761).
Amendments
2006—Subsec. (d). Pub. L. 109–177 added subsec. (d).
2005—Subsec. (a). Pub. L. 109–59, §7126, substituted “Secretary shall designate” for “Secretary of Transportation shall designate”.
Pub. L. 109–59, §7103(a), substituted “infectious substance, flammable or combustible liquid, solid, or gas, toxic, oxidizing, or corrosive material,” for “etiologic agent, flammable or combustible liquid or solid, poison, oxidizing or corrosive material,” and “determines” for “decides”.
Subsec. (b)(1)(A). Pub. L. 109–59, §7103(b), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “apply to a person—
“(i) transporting hazardous material in commerce;
“(ii) causing hazardous material to be transported in commerce; or
“(iii) manufacturing, fabricating, marking, maintaining, reconditioning, repairing, or testing a packaging or a container that is represented, marked, certified, or sold by that person as qualified for use in transporting hazardous material in commerce; and”.
Subsec. (b)(1)(C). Pub. L. 109–59, §7103(c)(1), struck out heading and text of subpar. (C). Text read as follows: “When prescribing a security regulation or issuing a security order that affects the safety of the transportation of hazardous material, the Secretary of Homeland Security shall consult with the Secretary.”
Subsec. (c). Pub. L. 109–59, §7103(c)(2), added subsec. (c).
2002—Subsec. (b)(1). Pub. L. 107–296, §1711(a)(1), substituted “transportation, including security,” for “transportation” in introductory provisions.
Subsec. (b)(1)(B). Pub. L. 107–296, §1711(a)(2), substituted “aspects, including security,” for “aspects”.
Subsec. (b)(1)(C). Pub. L. 107–296, §1711(a)(3), added subpar. (C).
1994—Subsec. (b)(1)(A)(iii). Pub. L. 103–311 substituted “a packaging or a” for “a package or”.
Subsec. (b)(2). Pub. L. 103–429 substituted “be conducted under section 553 of title 5, including” for “include” and “presentation” for “presentations”.
Effective Date of 2002 Amendment
Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
Safe Placement of Train Cars
Section 111 of Pub. L. 103–311 provided that: “The Secretary of Transportation shall conduct a study of existing practices regarding the placement of cars on trains, with particular attention to the placement of cars that carry hazardous materials. In conducting the study, the Secretary shall consider whether such placement practices increase the risk of derailment, hazardous materials spills, or tank ruptures or have any other adverse effect on safety. The results of the study shall be submitted to Congress within 1 year after the date of enactment of this Act [Aug. 26, 1994].”
Fiber Drum Packaging
Pub. L. 104–88, title IV, §406, Dec. 29, 1995, 109 Stat. 957, provided that:
“(a)
“(1) the packaging is in compliance with regulations of the Secretary under the Hazardous Materials Transportation Act [former 49 U.S.C. 1801 et seq.] as in effect on September 30, 1991; and
“(2) the packaging will not be used for the transportation of hazardous materials that include materials which are poisonous by inhalation or materials in Packing Groups I and II.
“(b)
“(c)
“(1)
“(A) to determine whether the requirements of section 5103(b) of title 49, United States Code (relating to regulations for safe transportation), as they pertain to fiber drum packaging with a removable head can be met for the transportation of liquid hazardous materials (with respect to those liquid hazardous materials transported by such drums pursuant to regulations in effect on September 30, 1991) with standards (including fiber drum industry standards set forth in a June 8, 1992, exemption application submitted to the Department of Transportation), other than the performance-oriented packaging standards adopted under docket number HM–181 contained in part 178 of title 49, Code of Federal Regulations; and
“(B) to determine whether a packaging standard (including such fiber drum industry standards), other than such performance-oriented packaging standards, will provide an equal or greater level of safety for the transportation of liquid hazardous materials than would be provided if such performance-oriented packaging standards were in effect.
“(2)
“(d)
Section 122 of Pub. L. 103–311 provided that:
“(a)
“(b)
“(c)
“(d)
“(1) The provisions of subsections (a), (b), and (c) shall not apply to packaging for those hazardous materials regulated by the Department of Transportation as poisonous by inhalation under chapter 51 of title 49, United States Code.
“(2) Nothing in this section shall be construed to prohibit the Secretary of Transportation from issuing or enforcing regulations for the international transportation of hazardous materials.”
§5103a. Limitation on issuance of hazmat licenses
(a)
(1)
(2)
(b)
(c)
(d)
(1)
(A) shall carry out a background records check regarding the individual; and
(B) upon completing the background records check, shall notify the Secretary of Homeland Security of the completion and results of the background records check.
(2)
(A) A check of the relevant criminal history data bases.
(B) In the case of an alien, a check of the relevant data bases to determine the status of the alien under the immigration laws of the United States.
(C) As appropriate, a check of the relevant international data bases through Interpol–U.S. National Central Bureau or other appropriate means.
(e)
(1) each alien to whom the State issues a license described in subsection (a); and
(2) each other individual to whom such a license is issued, as the Secretary of Homeland Security may require.
(f)
(g)
(1)
(A)
(i) such notification is appropriate considering the potential security implications; and
(ii) the Director, in a final notification of threat assessment,1 served on the applicant 1 determines that the applicant does not meet the standards set forth in regulations issued to carry out this section.
(B)
(i)
(I) has performed a security threat assessment under this section; and
(II) has issued a final notification of no security threat,
is deemed to have met the requirements of any other background check that is required for purposes of any Federal law applicable to transportation workers if that background check is equivalent to, or less stringent than, the background check required under this section.
(ii)
(iii)
(2)
(A) an appeals process similar to and to the same extent as the process provided under part 1572 of title 49, Code of Federal Regulations, by which an applicant denied a hazardous materials endorsement to a commercial driver's license by that State may appeal that denial; and
(B) a waiver process similar to and to the same extent as the process provided under part 1572 of title 49, Code of Federal Regulations, by which an applicant denied a hazardous materials endorsement to a commercial driver's license by that State may apply for a waiver.
(3)
(4)
(5)
(A)
(B)
(i) include a list of background checks and other security or threat assessment requirements applicable to transportation workers under Federal laws for which the Department of Homeland Security is responsible and the process by which the Secretary of Homeland Security will determine whether such checks or assessments are equivalent to, or less stringent than, the background check performed under this section; and
(ii) provide an analysis of how the Director plans to reduce or eliminate redundant background checks in a manner that will continue to ensure the highest level of safety and security.
(h)
(1)
(2)
(3)
(Added Pub. L. 107–56, title X, §1012(a)(1), Oct. 26, 2001, 115 Stat. 396; amended Pub. L. 109–59, title VII, §§7104, 7105, 7126, Aug. 10, 2005, 119 Stat. 1894, 1909; Pub. L. 110–53, title XV, §1556(a), Aug. 3, 2007, 121 Stat. 475.)
References in Text
Section 101(a)(3) of the Immigration and Nationality Act, referred to in subsec. (f), is classified to section 1101(a)(3) of Title 8, Aliens and Nationality.
The date of enactment of this subsection, referred to in subsecs. (g) and (h), is the date of enactment of Pub. L. 109–59, which was approved Aug. 10, 2005.
The date of enactment of this Act, referred to in subsec. (g)(1)(B)(ii), probably means the date of enactment of Pub. L. 109–59, which enacted subsec. (g) of this section, and was approved Aug. 10, 2005.
Amendments
2007—Subsec. (a)(1). Pub. L. 110–53, §1556(a)(1), substituted “Secretary of Homeland Security” for “Secretary”.
Subsec. (b). Pub. L. 110–53, §1556(a)(2), substituted “Secretary of Transportation” for “Secretary” in two places.
Subsec. (d)(1)(B). Pub. L. 110–53, §1556(a)(3), substituted “Secretary of Homeland Security” for “Secretary”.
Subsec. (e). Pub. L. 110–53, §1556(a)(4), substituted “Secretary of Homeland Security” for “Secretary” wherever appearing.
2005—Subsec. (a)(1). Pub. L. 109–59, §7126, substituted “Secretary” for “Secretary of Transportation”.
Pub. L. 109–59, §7104(c), substituted “subsection (d)(1)(B),” for “subsection (c)(1)(B),”.
Subsec. (b). Pub. L. 109–59, §7104(a), substituted “with respect to any material defined as hazardous material by the Secretary for which the Secretary requires placarding of a commercial motor vehicle transporting that material in commerce” for “with respect to—
“(1) any material defined as a hazardous material by the Secretary of Transportation; and
“(2) any chemical or biological material or agent determined by the Secretary of Health and Human Services or the Attorney General as being a threat to the national security of the United States”.
Subsec. (c). Pub. L. 109–59, §7104(b)(2), added subsec. (c). Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 109–59, §7104(b)(1), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e).
Subsec. (d)(1)(B). Pub. L. 109–59, §7126, substituted “Secretary” for “Secretary of Transportation”.
Subsec. (e). Pub. L. 109–59, §7126, substituted “submit to the Secretary” for “submit to the Secretary of Transportation” in introductory provisions.
Pub. L. 109–59, §7104(b)(1), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f).
Subsec. (f). Pub. L. 109–59, §7104(b)(1), redesignated subsec. (e) as (f).
Subsecs. (g), (h). Pub. L. 109–59, §7105, added subsecs. (g) and (h).
Authorization of Appropriations
Pub. L. 107–56, title X, §1012(c), Oct. 26, 2001, 115 Stat. 398, provided that: “There is authorized to be appropriated for the Department of Transportation and the Department of Justice such amounts as may be necessary to carry out section 5103a of title 49, United States Code, as added by subsection (a).”
1 So in original. Comma probably should appear after “applicant”.
§5104. Representation and tampering
(a)
(1) a package, component of a package, or packaging for transporting hazardous material is safe, certified, or complies with this chapter only if the package, component of a package, or packaging meets the requirements of each applicable regulation prescribed under this chapter; or
(2) hazardous material is present in a package, container, motor vehicle, rail freight car, aircraft, or vessel only if the material is present.
(b)
(1) a marking, label, placard, or description on a document required under this chapter or a regulation prescribed under this chapter; or
(2) a package, component of a package, or packaging, container, motor vehicle, rail freight car, aircraft, or vessel used to transport hazardous material.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 761; Pub. L. 103–311, title I, §117(b), Aug. 26, 1994, 108 Stat. 1678; Pub. L. 103–429, §6(4), Oct. 31, 1994, 108 Stat. 4378; Pub. L. 109–59, title VII, §7106, Aug. 10, 2005, 119 Stat. 1897.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5104(a) | 49 App.:1804(e). | Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, §105(e), (f); added Nov. 16, 1990, Pub. L. 101–615, §5, 104 Stat. 3252. |
| 5104(b) | 49 App.:1804(f). |
In subsection (a)(1), the words “the requirements of” and “applicable” are omitted as surplus.
In subsection (b), before clause (1), the word “deface” is omitted as surplus.
Pub. L. 103–429
This amends 49:5104(a)(1) to clarify the restatement of 49 App.:1804(e)(1) by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 761).
Amendments
2005—Subsec. (a)(1). Pub. L. 109–59, §7106(a), substituted “a package, component of a package, or packaging for” for “a container, package, or packaging (or a component of a container, package, or packaging) for” and “the package, component of a package, or packaging meets” for “the container, package, or packaging (or a component of a container, package, or packaging) meets”.
Subsec. (b). Pub. L. 109–59, §7106(b)(1), substituted “No person may” for “A person may not” in introductory provisions.
Subsec. (b)(2). Pub. L. 109–59, §7106(b)(2), inserted “component of a package, or packaging,” after “package,”.
1994—Subsec. (a)(1). Pub. L. 103–429 inserted “applicable” after “each”.
Pub. L. 103–311 substituted “, package, or packaging (or a component of a container, package, or packaging)” for “or package” in two places.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
§5105. Transporting certain highly radioactive material
(a)
(b)
(c)
(d)
(2) The Secretary may allow a person, transporting or causing to be transported a highway-route-controlled quantity of radioactive material, to inspect the motor vehicle used to transport the material and to certify that the vehicle complies with this chapter. The inspector qualification requirements the Secretary prescribes for an individual inspecting a motor vehicle apply to an individual conducting an inspection under this paragraph.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 762; Pub. L. 109–59, title VII, §§7107, 7126, Aug. 10, 2005, 119 Stat. 1897, 1909.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5105(a) | 49 App.:1813(e). | Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, §116(e); added Oct. 24, 1992, Pub. L. 102–508, §505(2), 106 Stat. 3311. |
| 49 App.:1813 (note). | Nov. 16, 1990, Pub. L. 101–615, §16(e), 104 Stat. 3263. | |
| 5105(b) | 49 App.:1813(a). | Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, §116(a)–(d); added Oct. 30, 1984, Pub. L. 98–559, §3, 98 Stat. 2907; restated Nov. 16, 1990, Pub. L. 101–615, §15, 104 Stat. 3261; Oct. 24, 1992, Pub. L. 102–508, §505(1), 106 Stat. 3311. |
| 5105(c) | 49 App.:1813(b). | |
| 5105(d) | 49 App.:1813(c). | |
| 5105(e) | 49 App.:1813(d). |
In subsection (a), section 16(e) of the Hazardous Materials Transportation Uniform Safety Act of 1990 (Public Law 101–615, 104 Stat. 3263) is included to correct a mistake in the source provisions being restated. See section 16(a)(1) of the Act of 1990 (Public Law 101–615, 104 Stat. 3262), stating that the meanings of “high-level radioactive waste” and “spent nuclear fuel” are as defined in 49 App.:1813, as added by section 15 of the Act (104 Stat. 3261). See also Cong. Rec. S16863 (daily ed., Oct. 23, 1990).
In subsection (b), the words “Secretary of Energy” are substituted for “Department of Energy” because of 42:7131.
In subsection (c), the word “regulations” is substituted for “rule” for consistency in the revised title and with other titles of the United States Code and because “rule” and “regulation” are synonymous.
In subsection (d), before clause (1), the words “In combination” are omitted as surplus.
Amendments
2005—Subsecs. (b), (c). Pub. L. 109–59, §7126, substituted “Secretary shall” for “Secretary of Transportation shall” wherever appearing.
Subsec. (d). Pub. L. 109–59, §7126, substituted “Secretary shall” for “Secretary of Transportation shall” in par. (1) and “Secretary may” for “Secretary of Transportation may” in par. (2).
Pub. L. 109–59, §7107, redesignated subsec. (e) as (d) and struck out former subsec. (d) which related to a study to be conducted not later than Nov. 16, 1991, to decide which factors, if any, shippers and carriers should consider when selecting routes and modes that would enhance overall public safety related to the transportation of high-level radioactive waste and spent nuclear fuel.
Subsec. (e). Pub. L. 109–59, §7107(2), redesignated subsec. (e) as (d).
§5106. Handling criteria
The Secretary may prescribe criteria for handling hazardous material, including—
(1) a minimum number of personnel;
(2) minimum levels of training and qualifications for personnel;
(3) the kind and frequency of inspections;
(4) equipment for detecting, warning of, and controlling risks posed by the hazardous material;
(5) specifications for the use of equipment and facilities used in handling and transporting the hazardous material; and
(6) a system of monitoring safety procedures for transporting the hazardous material.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 763; Pub. L. 109–59, title VII, §7126, Aug. 10, 2005, 119 Stat. 1909.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5106 | 49 App.:1805(a). | Jan. 3, 1975, Pub. L. 93–633, §106(a), 88 Stat. 2157. |
Before clause (1), the text of 49 App.:1805(a) (last sentence) is omitted as being included in “prescribe”. In clause (4), the words “to be used” are omitted as surplus. In clause (6), the word “assurance” is omitted as surplus.
Amendments
2005—Pub. L. 109–59 substituted “Secretary” for “Secretary of Transportation” in introductory provisions.
§5107. Hazmat employee training requirements and grants
(a)
(1) shall establish the date, as provided by subsection (b) of this section, by which the training shall be completed; and
(2) may provide for different training for different classes or categories of hazardous material and hazmat employees.
(b)
(1) 6 months after the regulations are prescribed; or
(2) the date on which an individual is to begin carrying out a duty or power of a hazmat employee if the individual is employed as a hazmat employee after the 6-month period.
(c)
(1) recognizing and understanding the Department of Transportation hazardous material classification system.
(2) the use and limitations of the Department hazardous material placarding, labeling, and marking systems.
(3) general handling procedures, loading and unloading techniques, and strategies to reduce the probability of release or damage during or incidental to transporting hazardous material.
(4) health, safety, and risk factors associated with hazardous material and the transportation of hazardous material.
(5) appropriate emergency response and communication procedures for dealing with an accident or incident involving hazardous material transportation.
(6) the use of the Department Emergency Response Guidebook and recognition of its limitations or the use of equivalent documents and recognition of the limitations of those documents.
(7) applicable hazardous material transportation regulations.
(8) personal protection techniques.
(9) preparing a shipping document for transporting hazardous material.
(d)
(1) the requirements of regulations the Secretary of Labor prescribes related to hazard communication, and hazardous waste operations, and emergency response that are contained in part 1910 of title 29, Code of Federal Regulations; and
(2) the regulations the Agency prescribes related to worker protection standards for hazardous waste operations that are contained in part 311 of title 40, Code of Federal Regulations.
(e)
(1)
(A) for training instructors to train hazmat employees; and
(B) to the extent determined appropriate by the Secretary, for such instructors to train hazmat employees.
(2)
(A) expertise in conducting a training program for hazmat employees; and
(B) the ability to reach and involve in a training program a target population of hazmat employees.
(f)
(g)
(2) An action of the Secretary under subsections (a)–(d) of this section and section 5106 is not an exercise, under section 4(b)(1) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 653(b)(1)), of statutory authority to prescribe or enforce standards or regulations affecting occupational safety or health.
(h)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 763; Pub. L. 103–311, title I, §§106, 119(c)(1)–(3), Aug. 26, 1994, 108 Stat. 1674, 1680; Pub. L. 109–59, title VII, §§7108, 7126, Aug. 10, 2005, 119 Stat. 1897, 1909.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5107(a) | 49 App.:1805(b)(1), (2), (5) (1st sentence). | Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, §106(b); added Nov. 16, 1990, Pub. L. 101–615, §7(3), 104 Stat. 3253. |
| 5107(b) | 49 App.:1805(b)(4), (5) (last sentence). | |
| 5107(c) | 49 App.:1805(b)(6). | |
| 5107(d) | 49 App.:1805(b)(3) (1st sentence). | |
| 5107(e) | 49 App.:1816(a)–(c). | Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, §118(a)–(c); added Nov. 16, 1990, Pub. L. 101–615, §18, 104 Stat. 3269. |
| 5107(f)(1) | 49 App.:1805(b)(7). | |
| 5107(f)(2) | 49 App.:1805(b)(3) (last sentence). |
In subsections (a)(1) and (b), before clause (1), the words “in order to comply with requirements established by such regulations” are omitted as surplus.
In subsection (a), before clause (1), the words “Within 18 months after November 16, 1990” are omitted as obsolete. In clause (1), the words “as provided by subsection (b) of this section” are added for clarity.
In subsection (b), before clause (1), the words “in accordance with the requirements established by such regulations” are omitted as surplus.
In subsection (c), before clause (1), the words “in accordance with the requirements established under this subsection” and “appropriate” before “documentation” are omitted as surplus.
In subsection (d), before clause (1), the words “take such actions as may be necessary to” are omitted as surplus. In clauses (1) and (2), the words “(and amendments thereto)” are omitted as surplus. In clause (1), the words “Secretary of Labor” are substituted for “Occupational Safety and Health Administration of the Department of Labor” because of 29:551.
In subsection (e), the words “and education” are omitted as being included in “training”. Before clause (1), the words “regarding the safe loading, unloading, handling, storage, and transportation of hazardous materials and emergency preparedness for responding to accidents or incidents involving the transportation of hazardous materials in order to meet the requirements issued under section 1816(b) of this title may be made under this section” are omitted as surplus.
In subsection (f)(1), the words “(relating to coordination of Federal information policy)” are omitted as surplus.
Amendments
2005—Subsecs. (a) to (d). Pub. L. 109–59, §7126, substituted “Secretary” for “Secretary of Transportation” in introductory provisions of subsecs. (a) to (c) and “Secretary shall” for “Secretary of Transportation shall” in introductory provisions of subsec. (d).
Subsec. (e). Pub. L. 109–59, §7108(1), added subsec. (e) and struck out heading and text of former subsec. (e). Text read as follows: “The Secretary shall, subject to the availability of funds under section 5127(c)(3), make grants for training instructors to train hazmat employees under this section. A grant under this subsection shall be made to a nonprofit hazmat employee organization that demonstrates—
“(1) expertise in conducting a training program for hazmat employees; and
“(2) the ability to reach and involve in a training program a target population of hazmat employees.”
Subsec. (f). Pub. L. 109–59, §7108(3), added subsec. (f). Former subsec. (f) redesignated (g).
Subsec. (g). Pub. L. 109–59, §7108(2), redesignated subsec. (f) as (g). Former subsec. (g) redesignated (h).
Subsec. (g)(1). Pub. L. 109–59, §7126, substituted “Secretary” for “Secretary of Transportation”.
Subsec. (g)(2). Pub. L. 109–59, §7126, substituted “Secretary” for “Secretary of Transportation”.
Pub. L. 109–59, §7108(4), substituted “section 5106” for “sections 5106, 5108(a)–(g)(1) and (h), and 5109 of this title”.
Subsec. (h). Pub. L. 109–59, §7108(2), redesignated subsec. (g) as (h).
1994—Subsec. (d). Pub. L. 103–311, §106, in introductory provisions inserted “or duplicate” after “conflict with” and in par. (1) substituted “hazard communication, and hazardous waste operations, and” for “hazardous waste operations and”.
Subsec. (e). Pub. L. 103–311, §119(c)(1), (2), in first sentence substituted “The Secretary shall, subject to the availability of funds under section 5127(c)(3), make grants for training instructors to train hazmat employees under this section.” for “In consultation with the Secretaries of Transportation and Labor and the Administrator, the Director of the National Institute of Environmental Health Sciences may make grants to train hazmat employees under this section.” and in second sentence inserted “hazmat employee” after “nonprofit”.
Subsec. (g). Pub. L. 103–311, §119(c)(3), added subsec. (g).
§5108. Registration
(a)
(A) a highway-route-controlled quantity of radioactive material.
(B) more than 25 kilograms of a Division 1.1, 1.2, or 1.3 explosive material in a motor vehicle, rail car, or transport container.
(C) more than one liter in each package of a hazardous material the Secretary designates as extremely toxic by inhalation.
(D) hazardous material in a bulk packaging, container, or tank, as defined by the Secretary, if the bulk packaging, container, or tank has a capacity of at least 3,500 gallons or more than 468 cubic feet.
(E) a shipment of at least 5,000 pounds (except in a bulk packaging) of a class of hazardous material for which placarding of a vehicle, rail car, or freight container is required under regulations prescribed under this chapter.
(2) The Secretary may require any of the following persons to file a registration statement with the Secretary under this subsection:
(A) a person transporting or causing to be transported hazardous material in commerce and not required to file a registration statement under paragraph (1) of this subsection.
(B) a person designing, manufacturing, fabricating, inspecting, marking, maintaining, reconditioning, repairing, or testing a package, container, or packaging component that is represented, marked, certified, or sold as qualified for use in transporting hazardous material in commerce.
(3) A person required to file a registration statement under this subsection may transport or cause to be transported, or design, manufacture, fabricate, inspect, mark, maintain, recondition, repair, or test a package, container packaging component, or container for use in transporting, hazardous material, only if the person has a statement on file as required by this subsection.
(4) The Secretary may waive the filing of a registration statement, or the payment of a fee, required under this subsection, or both, for any person not domiciled in the United States who solely offers hazardous materials for transportation to the United States from a place outside the United States if the country of which such person is a domiciliary does not require persons domiciled in the United States who solely offer hazardous materials for transportation to the foreign country from places in the United States to file registration statements, or to pay fees, for making such an offer.
(b)
(A) the name and principal place of business of the registrant;
(B) a description of each activity the registrant carries out for which filing a statement under subsection (a) of this section is required; and
(C) each State in which the person carries out any of the activities.
(2) A person carrying out more than one activity, or an activity at more than one location, for which filing is required only has to file one registration statement to comply with subsection (a) of this section.
(c)
(d)
(e)
(f)
(g)
(2)(A) In addition to a fee established under paragraph (1) of this subsection, the Secretary shall establish and impose by regulation and collect an annual fee. Subject to subparagraph (B) of this paragraph, the fee shall be at least $250 but not more than $3,000 from each person required to file a registration statement under this section. The Secretary shall determine the amount of the fee under this paragraph on at least one of the following:
(i) gross revenue from transporting hazardous material.
(ii) the type of hazardous material transported or caused to be transported.
(iii) the amount of hazardous material transported or caused to be transported.
(iv) the number of shipments of hazardous material.
(v) the number of activities that the person carries out for which filing a registration statement is required under this section.
(vi) the threat to property, individuals, and the environment from an accident or incident involving the hazardous material transported or caused to be transported.
(vii) the percentage of gross revenue derived from transporting hazardous material.
(viii) the amount to be made available to carry out sections 5108(g)(2), 5115, and 5116 of this title.
(ix) other factors the Secretary considers appropriate.
(B) The Secretary shall adjust the amount being collected under this paragraph to reflect any unexpended balance in the account established under section 5116(i) of this title. However, the Secretary is not required to refund any fee collected under this paragraph.
(C) The Secretary shall transfer to the Secretary of the Treasury amounts the Secretary of Transportation collects under this paragraph for deposit in the Hazardous Materials Emergency Preparedness Fund established under section 5116(i) of this title.
(3)
(h)
(i)
(2)(A) This section does not apply to an employee of a hazmat employer.
(B) Subsections (a)–(h) of this section do not apply to a department, agency, or instrumentality of the United States Government, an authority of a State or political subdivision of a State, an Indian tribe, or an employee of a department, agency, instrumentality, or authority carrying out official duties.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 765; Pub. L. 103–311, title I, §§104, 117(a)(3), 119(d)(1), Aug. 26, 1994, 108 Stat. 1673, 1678, 1680; Pub. L. 105–102, §2(3), Nov. 20, 1997, 111 Stat. 2204; Pub. L. 105–225, §7(b)(1), Aug. 12, 1998, 112 Stat. 1511; Pub. L. 109–59, title VII, §§7109(a)–(c), (e), (f), 7114(d)(3), 7126, Aug. 10, 2005, 119 Stat. 1897, 1898, 1900, 1909.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5108(a)(1) | 49 App.:1805(c)(1). | Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, §106(c); added Nov. 16, 1990, Pub. L. 101–615, §8(a), 104 Stat. 3255; Oct. 24, 1992, Pub. L. 102–508, §503(a)(1)–(3), (b), 106 Stat. 3311. |
| 5108(a)(2) | 49 App.:1805(c)(3). | |
| 5108(a)(3) | 49 App.:1805(c)(4). | |
| 5108(b) | 49 App.:1805(c)(7), (8). | |
| 5108(c) | 49 App.:1805(c)(5), (6). | |
| 5108(d) | 49 App.:1805(c)(9). | |
| 5108(e) | 49 App.:1805(c)(2). | |
| 5108(f) | 49 App.:1805(c)(10). | |
| 5108(g)(1) | 49 App.:1805(c)(11). | |
| 5108(g)(2) | 49 App.:1815(h) (1)–(5). | Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, §117A(h)(1)– (5); added Nov. 16, 1990, Pub. L. 101–615, §17, 104 Stat. 3267. |
| 5108(h) | 49 App.:1805(c)(12). | |
| 5108(i) | 49 App.:1805(c) (13)–(15). |
In subsection (b)(1), before clause (A), the words “at a minimum” are omitted as surplus.
In subsection (d), the words “streamline and”, “with respect to a person who is required to file a registration statement under this subsection”, and “with the Department of Transportation” are omitted as surplus.
In subsection (g), the word “impose” is substituted for “assess” for consistency in the revised title and with other titles of the United States Code.
In subsection (g)(2)(A), before clause (i), the words “Not later than September 30, 1992” are omitted as obsolete. In clause (viii), the words “of funds” are omitted as surplus.
In subsection (g)(2)(B), the words “of fees” and “from persons” are omitted as surplus.
In subsection (i)(1), the words “(relating to coordination of Federal information policy)” are omitted as surplus.
In subsection (i)(2)(A), the words “Notwithstanding any other provisions of this subsection” are omitted as surplus.
Pub. L. 105–102
This amends 49:5108(f) to correct an erroneous cross-reference.
Amendments
2005—Subsec. (a)(1). Pub. L. 109–59, §7126, substituted “Secretary” for “Secretary of Transportation” in introductory provisions.
Subsec. (a)(1)(B). Pub. L. 109–59, §7109(a)(1), substituted “Division 1.1, 1.2, or 1.3 explosive material” for “class A or B explosive”.
Subsec. (a)(2). Pub. L. 109–59, §7126, substituted “Secretary may” for “Secretary of Transportation may” in introductory provisions.
Subsec. (a)(2)(B). Pub. L. 109–59, §7109(a)(2), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “a person manufacturing, fabricating, marking, maintaining, reconditioning, repairing, or testing a package or container the person represents, marks, certifies, or sells for use in transporting in commerce hazardous material the Secretary designates.”
Subsec. (a)(3). Pub. L. 109–59, §7109(a)(3), substituted “design, manufacture, fabricate, inspect, mark, maintain, recondition, repair, or test a package, container packaging component, or” for “manufacture, fabricate, mark, maintain, recondition, repair, or test a package or”.
Subsec. (b)(1). Pub. L. 109–59, §7126, substituted “Secretary requires” for “Secretary of Transportation requires” in introductory provisions.
Subsec. (b)(1)(C). Pub. L. 109–59, §7109(b), substituted “any of the activities” for “the activity”.
Subsec. (c). Pub. L. 109–59, §7109(c), amended heading and text of subsec. (c) generally. Prior to amendment, text read as follows:
“(1) Each person required to file a registration statement under subsection (a) of this section must file the first statement not later than March 31, 1992. The Secretary of Transportation may extend that date to September 30, 1992, for activities referred to in subsection (a)(1) of this section. A person shall renew the statement periodically consistent with regulations the Secretary prescribes, but not more than once each year and not less than once every 5 years.
“(2) The Secretary of Transportation shall decide by regulation when and under what circumstances a registration statement must be amended and the procedures to follow in amending the statement.”
Subsecs. (d) to (f). Pub. L. 109–59, §7126, substituted “Secretary” for “Secretary of Transportation” in subsec. (d), “Secretary in carrying” for “Secretary of Transportation in carrying” in subsec. (e), and “Secretary shall” for “Secretary of Transportation shall” in subsec. (f).
Subsec. (g)(1). Pub. L. 109–59, §7126, substituted “Secretary shall” for “Secretary of Transportation shall”.
Pub. L. 109–59, §7109(f)(1), substituted “shall” for “may”.
Subsec. (g)(2)(A). Pub. L. 109–59, §7126, substituted “Secretary shall establish” for “Secretary of Transportation shall establish” in introductory provisions.
Pub. L. 109–59, §7109(f)(2), substituted “$3,000” for “$5,000” in introductory provisions.
Subsec. (g)(2)(B). Pub. L. 109–59, §7126, substituted “Secretary shall” for “Secretary of Transportation shall”.
Subsec. (g)(2)(C). Pub. L. 109–59, §7126, substituted “Secretary shall” for “Secretary of Transportation shall”.
Pub. L. 109–59, §7114(d)(3), substituted “the Hazardous Materials Emergency Preparedness Fund established” for “the account the Secretary of the Treasury establishes”.
Subsec. (g)(3). Pub. L. 109–59, §7109(f)(3), added par. (3).
Subsec. (h). Pub. L. 109–59, §7126, substituted “Secretary” for “Secretary of Transportation”.
Subsec. (i)(1). Pub. L. 109–59, §7126, substituted “Secretary” for “Secretary of Transportation”.
Subsec. (i)(2)(B). Pub. L. 109–59, §7109(e), inserted “an Indian tribe,” after “subdivision of a State,”.
1998—Subsec. (f). Pub. L. 105–225 substituted “section 552(b)” for “section 552(f)”.
1997—Subsec. (f). Pub. L. 105–102 which directed substitution of “section 552(b)” for “section 522(f)” could not be executed because “section 522(f)” did not appear.
1994—Subsec. (a)(1)(D). Pub. L. 103–311, §117(a)(3), substituted “a bulk packaging” for “a bulk package” and “the bulk packaging” for “the package”.
Subsec. (a)(4). Pub. L. 103–311, §104, added par. (4).
Subsec. (g)(2)(A)(viii). Pub. L. 103–311, §119(d)(1), struck out “5107(e),” before “5108(g)(2)”.
Registration
Pub. L. 109–59, title VII, §7109(d), Aug. 10, 2005, 119 Stat. 1898, provided that: “As soon as practicable, the Administrator of the Pipeline and Hazardous Materials Safety Administration shall transmit to the Federal Motor Carrier Safety Administration hazardous material registrant information obtained before, on, or after the date of enactment of this Act [Aug. 10, 2005] under section 5108 of title 49, United States Code, together with any Department of Transportation identification number for each registrant.”
§5109. Motor carrier safety permits
(a)
(1) to provide the transportation to be authorized by the permit;
(2) to comply with this chapter and regulations the Secretary prescribes to carry out this chapter; and
(3) to comply with applicable United States motor carrier safety laws and regulations and applicable minimum financial responsibility laws and regulations.
(b)
(1) a class A or B explosive;
(2) liquefied natural gas;
(3) hazardous material the Secretary designates as extremely toxic by inhalation; and
(4) a highway-route-controlled quantity of radioactive material, as defined by the Secretary.
(c)
(d)
(2) If the Secretary decides an imminent hazard exists, the Secretary may amend, suspend, or revoke a permit before scheduling a hearing.
(e)
(1) application procedures, including form, content, and fees necessary to recover the complete cost of carrying out this section;
(2) standards for deciding the duration, terms, and limitations of a safety permit;
(3) procedures to amend, suspend, or revoke a permit; and
(4) other procedures the Secretary considers appropriate to carry out this section.
(f)
(g)
(h)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 767; Pub. L. 109–59, title VII, §7126, Aug. 10, 2005, 119 Stat. 1909.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5109(a) | 49 App.:1805(d)(1), (2). | Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, §106(d); added Nov. 16, 1990, Pub. L. 101–615, §8(a), 104 Stat. 3257; Oct. 24, 1992, Pub. L. 102–508, §503(a)(4), (5), (b), 106 Stat. 3311. |
| 5109(b) | 49 App.:1805(d)(5). | |
| 5109(c) | 49 App.:1805(d)(7). | |
| 5109(d) | 49 App.:1805(d)(4). | |
| 5109(e) | 49 App.:1805(d)(6). | |
| 5109(f) | 49 App.:1805(d)(3). | |
| 5109(g) | 49 App.:1805(d)(8). | |
| 5109(h) | 49 App.:1805 (note). | Nov. 16, 1990, Pub. L. 101–615, §8(b), 104 Stat. 3258. |
In subsection (a), before clause (1), the words “Except as provided in this subsection” and “used to provide such transportation” are omitted as surplus.
In subsection (b), before clause (1), the word “all” is omitted as surplus.
In subsection (e)(2), the word “conditions” is omitted as being included in “terms”.
In subsection (h), the text of section 8(b) (words before semicolon of the Hazardous Materials Transportation Uniform Safety Act of 1990 (Public Law 101–615, 104 Stat. 3258) is omitted as obsolete.
Amendments
2005—Subsec. (a). Pub. L. 109–59 substituted “Secretary issues” for “Secretary of Transportation issues” in introductory provisions.
§5110. Shipping papers and disclosure
(a)
(b)
(2) Except as provided in paragraph (1) of this subsection, the shipping paper shall be kept in a location the Secretary specifies in a motor vehicle, train, vessel, aircraft, or facility until—
(A) the hazardous material no longer is in transportation; or
(B) the documents are made available to a representative of a department, agency, or instrumentality of the United States Government or a State or local authority responding to an accident or incident involving the motor vehicle, train, vessel, aircraft, or facility.
(c)
(d)
(1)
(2)
(3)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 768; Pub. L. 103–311, title I, §115, Aug. 26, 1994, 108 Stat. 1678; Pub. L. 109–59, title VII, §§7110, 7126, Aug. 10, 2005, 119 Stat. 1898, 1909.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5110(a) | 49 App.:1804(g)(1) (1st sentence words before “for the carrier”). | Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, §105(g); added Nov. 16, 1990, Pub. L. 101–615, §6, 104 Stat. 3253. |
| 5110(b) | 49 App.:1804(g)(2). | |
| 5110(c) | 49 App.:1804(g)(1) (1st sentence words after “paragraph (2)”, last sentence), (3). | |
| 5110(d) | 49 App.:1804(g)(4). |
In subsection (c)(1), the words “A motor carrier” are substituted for “the carrier” for clarity.
Amendments
2005—Subsec. (a). Pub. L. 109–59, §7126, substituted “Secretary apply” for “Secretary of Transportation apply”.
Pub. L. 109–59, §7110(a)(1), substituted “in regulations” for “under subsection (b) of this section”.
Subsecs. (b), (c). Pub. L. 109–59, §7110(a)(2), (3), redesignated subsecs. (c) and (d) as (b) and (c), respectively, and struck out former subsec. (b) which related to considerations and requirements in carrying out subsec. (a).
Subsec. (d). Pub. L. 109–59, §7110(b), reenacted heading without change and amended text of subsec. (d) generally. Prior to amendment, text read as follows: “After the hazardous material to which a shipping paper provided to a carrier under subsection (a) applies is no longer in transportation, the person who provided the shipping paper and the carrier required to maintain it under subsection (a) shall retain the paper or electronic image thereof for a period of 1 year to be accessible through their respective principal places of business. Such person and carrier shall, upon request, make the shipping paper available to a Federal, State, or local government agency at reasonable times and locations.”
Pub. L. 109–59, §7110(a)(3), redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c).
Subsec. (e). Pub. L. 109–59, §7110(a)(3), redesignated subsec. (e) as (d).
1994—Subsec. (e). Pub. L. 103–311 added subsec. (e).
Improvements to Hazardous Materials Identification Systems
Pub. L. 101–615, §25, Nov. 16, 1990, 104 Stat. 3273, provided that:
“(a)
“(1)
“(2)
“(A) to determine methods of improving the current system of placarding vehicles transporting hazardous materials; and
“(B) to determine methods for establishing and operating a central reporting system and computerized telecommunications data center described in subsection (b)(1).
“(3)
“(4)
“(5)
“(b)
“(1)
“(2)
“(A) to consult with the Department of Transportation, the Department of Health and Human Services, the Environmental Protection Agency, the Federal Emergency Management Agency, and the Occupational Safety and Health Administration, shippers and carriers of hazardous materials, manufacturers of computerized telecommunications systems, State and local emergency preparedness organizations (including law enforcement and firefighting organizations), and appropriate international organizations in conducting such study; and
“(B) to submit, not later than 19 months after the date of the enactment of this Act, to the Secretary, the Committee on Commerce, Science, and Transportation of the Senate, and the Committees on Energy and Commerce and Public Works and Transportation of the House of Representatives a report on the results of such study.
Such report shall include recommendations of the National Academy of Sciences with respect to establishment and operation of a central reporting system and computerized telecommunications data center described in paragraph (1).
“(3)
“(c)
“(1) to determine whether such a system and center should be established and operated by the United States Government or by a private entity, either on its own initiative or under contract with the United States;
“(2) to determine, on an annualized basis, the estimated cost for establishing, operating, and maintaining such a system and center and for carrier and shipper compliance with such a system;
“(3) to determine methods for financing the cost of establishing, operating, and maintaining such a system and center;
“(4) to determine projected safety benefits of establishing and operating such a system and center;
“(5) to determine whether or not shippers, carriers, and handlers of hazardous materials, in addition to law enforcement officials and persons responsible for responding to emergencies involving hazardous materials, should have access to such system for obtaining information concerning shipments of hazardous materials and technical and other information and advice with respect to such emergencies;
“(6) to determine methods for ensuring the security of the information and data stored in such a system;
“(7) to determine types of hazardous materials and types of shipments for which information and data should be stored in such a system;
“(8) to determine the degree of liability of the operator of such a system and center for providing incorrect, false, or misleading information;
“(9) to determine deadlines by which shippers, carriers, and handlers of hazardous materials should be required to submit information to the operator of such a system and center and minimum standards relating to the form and contents of such information;
“(10) to determine measures (including the imposition of civil and criminal penalties) for ensuring compliance with the deadlines and standards referred to in paragraph (9); and
“(11) to determine methods for accessing such a system through mobile satellite service or other technologies having the capability to provide 2-way voice, data, or facsimile services.
“(d)
“(1)
“(2)
“(3)
Continually Monitored Telephone Systems
Pub. L. 101–615, §26, Nov. 16, 1990, 104 Stat. 3273, provided that:
“(a)
“(b)
1 So in original. Comma probably should not appear.
[§5111. Repealed. Pub. L. 109–59, title VII, §7111, Aug. 10, 2005, 119 Stat. 1899]
Section, Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 769, related to use of rail tank cars built before Jan. 1, 1971, to transport hazardous material in commerce.
§5112. Highway routing of hazardous material
(a)
(A) any use of a vehicle under this paragraph to transport any hazardous material in commerce; and
(B) any motor vehicle used to transport hazardous material in commerce.
(2) Except as provided by subsection (d) of this section and section 5125(c) of this title, each State and Indian tribe may establish, maintain, and enforce—
(A) designations of specific highway routes over which hazardous material may and may not be transported by motor vehicle; and
(B) limitations and requirements related to highway routing.
(b)
(A) a requirement that a highway routing designation, limitation, or requirement of a State or Indian tribe shall enhance public safety in the area subject to the jurisdiction of the State or tribe and in areas of the United States not subject to the jurisdiction of the State or tribe and directly affected by the designation, limitation, or requirement;
(B) minimum procedural requirements to ensure public participation when the State or Indian tribe is establishing a highway routing designation, limitation, or requirement;
(C) a requirement that, in establishing a highway routing designation, limitation, or requirement, a State or Indian tribe consult with appropriate State, local, and tribal officials having jurisdiction over areas of the United States not subject to the jurisdiction of that State or tribe establishing the designation, limitation, or requirement and with affected industries;
(D) a requirement that a highway routing designation, limitation, or requirement of a State or Indian tribe shall ensure through highway routing for the transportation of hazardous material between adjacent areas;
(E) a requirement that a highway routing designation, limitation, or requirement of one State or Indian tribe affecting the transportation of hazardous material in another State or tribe may be established, maintained, and enforced by the State or tribe establishing the designation, limitation, or requirement only if—
(i) the designation, limitation, or requirement is agreed to by the other State or tribe within a reasonable period or is approved by the Secretary under subsection (d) of this section; and
(ii) the designation, limitation, or requirement is not an unreasonable burden on commerce;
(F) a requirement that establishing a highway routing designation, limitation, or requirement of a State or Indian tribe be completed in a timely way;
(G) a requirement that a highway routing designation, limitation, or requirement of a State or Indian tribe provide reasonable routes for motor vehicles transporting hazardous material to reach terminals, facilities for food, fuel, repairs, and rest, and places to load and unload hazardous material;
(H) a requirement that a State be responsible—
(i) for ensuring that political subdivisions of the State comply with standards prescribed under this subsection in establishing, maintaining, and enforcing a highway routing designation, limitation, or requirement; and
(ii) for resolving a dispute between political subdivisions; and
(I) a requirement that, in carrying out subsection (a) of this section, a State or Indian tribe shall consider—
(i) population densities;
(ii) the types of highways;
(iii) the types and amounts of hazardous material;
(iv) emergency response capabilities;
(v) the results of consulting with affected persons;
(vi) exposure and other risk factors;
(vii) terrain considerations;
(viii) the continuity of routes;
(ix) alternative routes;
(x) the effects on commerce;
(xi) delays in transportation; and
(xii) other factors the Secretary considers appropriate.
(2) The Secretary may not assign a specific weight that a State or Indian tribe shall use when considering the factors under paragraph (1)(I) of this subsection.
(c)
(d)
(2) A State or Indian tribe involved in a dispute under this subsection may petition the Secretary to resolve the dispute. The Secretary shall resolve the dispute not later than one year after receiving the petition. The resolution shall provide the greatest level of highway safety without being an unreasonable burden on commerce and shall ensure compliance with standards prescribed under subsection (b) of this section.
(3)(A) After a petition is filed under this subsection, a civil action about the subject matter of the dispute may be brought in a court only after the earlier of—
(i) the day the Secretary issues a final decision; or
(ii) the last day of the one-year period beginning on the day the Secretary receives the petition.
(B) A State or Indian tribe adversely affected by a decision of the Secretary under this subsection may bring a civil action for judicial review of the decision in an appropriate district court of the United States not later than 89 days after the day the decision becomes final.
(e)
(f)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 769; Pub. L. 109–59, title VII, §7126, Aug. 10, 2005, 119 Stat. 1909.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5112(a)(1) | 49 App.:1804(b)(7). | Jan. 3, 1975, Pub. L. 93–633, §105(b)(1)–(3), (5)–(9), (c), 88 Stat. 2157; restated Nov. 16, 1990, Pub. L. 101–615, §4, 104 Stat. 3248, 3251. |
| 5112(a)(2) | 49 App.:1804(b)(1). | |
| 5112(b)(1) | 49 App.:1804(b)(2), (3). | |
| 5112(b)(2) | 49 App.:1804(b)(9). | |
| 5112(c) | 49 App.:1804(c). | |
| 5112(d) | 49 App.:1804(b)(5). | |
| 5112(e) | 49 App.:1804(b)(6). | |
| 5112(f) | 49 App.:1804(b)(8). |
In subsection (a)(1), the words “in the area which is subject to the jurisdiction of such State or Indian tribe” are omitted as surplus.
In subsection (b)(1), before clause (A), the words “Not later than 18 months after November 16, 1990” are omitted as obsolete. In clause (H)(i), the words “prescribed under this subsection” are added for clarity.
In subsection (d)(1), the words “within 18 months of November 16, 1990” are omitted as obsolete. The words “over a matter” are omitted as surplus.
In subsection (d)(3), the word “civil” is added for consistency in the revised title and with other titles of the United States Code.
In subsection (e), the words “superseding or otherwise”, “application of”, “relating to vehicle weight limitations”, and “relating to vehicle length and vehicle width limitations, respectively” are omitted as surplus.
In subsection (f), the word “modify” is omitted as surplus and for consistency in the revised title. The words “issued by the Department of Transportation before November 16, 1990, and” are omitted as obsolete.
Amendments
2005—Subsec. (a)(1). Pub. L. 109–59 substituted “Secretary” for “Secretary of Transportation” in introductory provisions.
Study of Hazardous Materials Transportation by Motor Carriers Near Federal Prisons
Pub. L. 103–311, title I, §121, Aug. 26, 1994, 108 Stat. 1681, directed Secretary of Transportation to submit to Congress, not later than 1 year after Aug. 26, 1994, report on results of study to determine safety considerations of transporting hazardous materials by motor carriers in close proximity to Federal prisons, particularly those housing maximum security prisoners, which was to include evaluation of ability of such facilities and designated local planning agencies to safely evacuate such prisoners in event of emergency and any special training, equipment, or personnel that would be required by such facility and designated local emergency planning agencies to carry out such evacuation.
§5113. Unsatisfactory safety rating
A violation of section 31144(c)(3) shall be considered a violation of this chapter, and shall be subject to the penalties in sections 5123 and 5124.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 771; Pub. L. 105–178, title IV, §4009(b), June 9, 1998, 112 Stat. 407; Pub. L. 109–59, title VII, §7112(a), Aug. 10, 2005, 119 Stat. 1899.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5113(a) | 49 App.:1814(a). | Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, §117; added Nov. 3, 1990, Pub. L. 101–500, §15(b)(1), 104 Stat. 1218. |
| 5113(b) | 49 App.:1814(b). | |
| 5113(c) | 49 App.:1814(c). | |
| 5113(d) | 49 App.:2501 (note). | Nov. 3, 1990, Pub. L. 101–500, §15(b)(2), 104 Stat. 1219. |
In subsections (a) and (c), the words “individuals” is substituted for “passengers, including the driver” for clarity and consistency.
In subsection (a), before clause (1), the words “Effective January 1, 1991” are omitted as obsolete. The words “to take such action as may be necessary ” are omitted as surplus.
In subsection (b), the words “from the Secretary” and “conditions and other” are omitted as surplus.
In subsection (d), the words “Not later than 1 year after the date of enactment of this Act” are omitted as obsolete.
Amendments
2005—Pub. L. 109–59 amended text generally. Prior to amendment, text read as follows: “See section 31144.”
1998—Pub. L. 105–178 substituted “See section 31144.” for subsecs. (a) to (d) which related to unsatisfactory safety ratings.
§5114. Air transportation of ionizing radiation material
(a)
(b)
(c)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 772; Pub. L. 109–59, title VII, §7126, Aug. 10, 2005, 119 Stat. 1909.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5114(a) | 49 App.:1807(a) (1st, 2d sentences), (b) (1st sentence). | Jan. 3, 1975, Pub. L. 93–633, §108, 88 Stat. 2159; Nov. 16, 1990, Pub. L. 101–615, §10, 104 Stat. 3259. |
| 5114(b) | 49 App.:1807(a) (last sentence). | |
| 5114(c) | 49 App.:1807(b) (last sentence). |
In subsection (a), the text of 49 App.:1807(a) (1st sentence) is omitted as executed. The words “or combination of materials” are omitted as surplus.
In subsection (b), the words “further” and “effective” are omitted as surplus.
Amendments
2005—Subsec. (b). Pub. L. 109–59 substituted “Secretary” for “Secretary of Transportation”.
§5115. Training curriculum for the public sector
(a)
(b)
(1) shall include—
(A) a recommended course of study to train public sector employees to respond to an accident or incident involving the transportation of hazardous material and to plan for those responses;
(B) recommended basic courses and minimum number of hours of instruction necessary for public sector employees to be able to respond safely and efficiently to an accident or incident involving the transportation of hazardous material and to plan those responses; and
(C) appropriate emergency response training and planning programs for public sector employees developed with Federal financial assistance, including programs developed with grants made under section 126(g) of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. 9660a); and
(2) may include recommendations on material appropriate for use in a recommended basic course described in clause (1)(B) of this subsection.
(c)
(1) regulations related to hazardous waste operations and emergency response contained in part 1910 of title 29, Code of Federal Regulations, prescribed by the Secretary of Labor;
(2) regulations related to worker protection standards for hazardous waste operations contained in part 311 of title 40, Code of Federal Regulations, prescribed by the Administrator; and
(3) standards related to emergency response training prescribed by the National Fire Protection Association and such other voluntary consensus standard-setting organizations as the Secretary of Transportation determines appropriate.
(d)
(1) the Secretary shall distribute the curriculum and any updates to the curriculum to the regional response teams and all committees and commissions established under section 301 of the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11001); and
(2) the Secretary may publish and distribute a list of programs and courses maintained and updated under this section and of any programs utilizing such courses.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 772; Pub. L. 103–429, §6(5), Oct. 31, 1994, 108 Stat. 4378; Pub. L. 109–59, title VII, §§7113, 7126, Aug. 10, 2005, 119 Stat. 1899, 1909; Pub. L. 109–295, title VI, §612(c), Oct. 4, 2006, 120 Stat. 1410.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5115(a) | 49 App.:1815(g)(1), (5). | Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, §117A (g)(1)–(6), (8); added Nov. 16, 1990, Pub. L. 101–615, §17, 104 Stat. 3265, 3267. |
| 5115(b) | 49 App.:1815(g)(2), (3). | |
| 5115(c) | 49 App.:1815(g)(4). | |
| 5115(d)(1) | 49 App.:1815(g)(6). | |
| 5115(d)(2) | 49 App.:1815(g)(8). |
In subsection (c)(3), the words “including standards 471 and 472” are omitted as surplus.
In subsection (d)(1), the word “updates” is substituted for “amendments” for clarity.
Pub. L. 103–429
This amends 49:5115(b)(1)(C) to make a cross-reference more precise.
Amendments
2005—Subsec. (a). Pub. L. 109–59, §7113(a), inserted heading and first sentence and struck out former heading and first sentence. Text read as follows: “Not later than November 16, 1992, in coordination with the Director of the Federal Emergency Management Agency, Chairman of the Nuclear Regulatory Commission, Administrator of the Environmental Protection Agency, Secretaries of Labor, Energy, and Health and Human Services, and Director of the National Institute of Environmental Health Sciences, and using the existing coordinating mechanisms of the national response team and, for radioactive material, the Federal Radiological Preparedness Coordinating Committee, the Secretary of Transportation shall develop and update periodically a curriculum consisting of a list of courses necessary to train public sector emergency response and preparedness teams.”
Subsec. (b). Pub. L. 109–59, §7113(b)(1), substituted “maintained and updated” for “developed” in introductory provisions.
Subsec. (b)(1)(C). Pub. L. 109–59, §7113(b)(2), substituted “with Federal financial assistance, including programs” for “under other United States Government grant programs, including those”.
Subsec. (c)(3). Pub. L. 109–59, §7113(c), inserted “and such other voluntary consensus standard-setting organizations as the Secretary of Transportation determines appropriate” before period at end.
Subsec. (d). Pub. L. 109–59, §7113(d)(1), substituted “National Response Team” for “national response team” in introductory provisions.
Subsec. (d)(1). Pub. L. 109–59, §7113(d)(2), substituted “Secretary” for “Director of the Federal Emergency Management Agency”.
Subsec. (d)(2). Pub. L. 109–59, §7126, substituted “Secretary” for “Secretary of Transportation”.
Pub. L. 109–59, §7113(d)(3), inserted “and distribute” after “publish” and substituted “list of programs and courses maintained and updated under this section and of any programs utilizing such courses” for “list of programs that uses a course developed under this section for training public sector employees to respond to an accident or incident involving the transportation of hazardous material”.
1994—Subsec. (b)(1)(C). Pub. L. 103–429 substituted “126(g)” for “126”.
Change of Name
“Administrator of the Federal Emergency Management Agency” substituted for “Director of the Federal Emergency Management Agency” in subsec. (a) on authority of section 612(c) of Pub. L. 109–295, set out as a note under section 313 of Title 6, Domestic Security. Any reference to the Administrator of the Federal Emergency Management Agency in title VI of Pub. L. 109–295 or an amendment by title VI to be considered to refer and apply to the Director of the Federal Emergency Management Agency until Mar. 31, 2007, see section 612(f)(2) of Pub. L. 109–295, set out as a note under section 313 of Title 6.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
§5116. Planning and training grants, monitoring, and review
(a)
(A) to develop, improve, and carry out emergency plans under the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11001 et seq.), including ascertaining flow patterns of hazardous material on lands under the jurisdiction of a State or Indian tribe, and between lands under the jurisdiction of a State or Indian tribe and lands of another State or Indian tribe; and
(B) to decide on the need for a regional hazardous material emergency response team.
(2) The Secretary may make a grant to a State or Indian tribe under paragraph (1) of this subsection in a fiscal year only if—
(A) the State or Indian tribe certifies that the total amount the State or Indian tribe expends (except amounts of the United States Government) to develop, improve, and carry out emergency plans under the Act will at least equal the average level of expenditure for the last 5 fiscal years; and
(B) the State agrees to make available at least 75 percent of the amount of the grant under paragraph (1) of this subsection in the fiscal year to local emergency planning committees established under section 301(c) of the Act (42 U.S.C. 11001(c)) to develop emergency plans under the Act.
(3) A State or Indian tribe receiving a grant under this subsection shall ensure that planning under the grant is coordinated with emergency planning conducted by adjacent States and Indian tribes.
(b)
(2) The Secretary may make a grant under paragraph (1) of this subsection in a fiscal year—
(A) to a State or Indian tribe only if the State or tribe certifies that the total amount the State or tribe expends (except amounts of the Government) to train public sector employees to respond to an accident or incident involving hazardous material will at least equal the average level of expenditure for the last 5 fiscal years;
(B) to a State or Indian tribe only if the State or tribe makes an agreement with the Secretary that the State or tribe will use in that fiscal year, for training public sector employees to respond to an accident or incident involving hazardous material—
(i) a course developed or identified under section 5115 of this title; or
(ii) another course the Secretary decides is consistent with the objectives of this section; and
(C) to a State only if the State agrees to make available at least 75 percent of the amount of the grant under paragraph (1) of this subsection in the fiscal year for training public sector employees a political subdivision of the State employs or uses.
(3) A grant under this subsection may be used—
(A) to pay—
(i) the tuition costs of public sector employees being trained;
(ii) travel expenses of those employees to and from the training facility;
(iii) room and board of those employees when at the training facility; and
(iv) travel expenses of individuals providing the training;
(B) by the State, political subdivision, or Indian tribe to provide the training; and
(C) to make an agreement the Secretary approves authorizing a person (including an authority of a State or political subdivision of a State or Indian tribe) to provide the training—
(i) if the agreement allows the Secretary and the State or tribe to conduct random examinations, inspections, and audits of the training without prior notice; and
(ii) if the State or tribe conducts at least one on-site observation of the training each year.
(4) The Secretary shall allocate amounts made available for grants under this subsection for a fiscal year among eligible States and Indian tribes based on the needs of the States and tribes for emergency response training. In making a decision about those needs, the Secretary shall consider—
(A) the number of hazardous material facilities in the State or on land under the jurisdiction of the tribe;
(B) the types and amounts of hazardous material transported in the State or on that land;
(C) whether the State or tribe imposes and collects a fee on transporting hazardous material;
(D) whether the fee is used only to carry out a purpose related to transporting hazardous material; and
(E) other factors the Secretary decides are appropriate to carry out this subsection.
(c)
(d)
(e)
(f)
(g)
(1) authority to receive applications for grants under this section.
(2) authority to review applications for technical compliance with this section.
(3) authority to review applications to recommend approval or disapproval.
(4) any other ministerial duty associated with grants under this section.
(h)
(i)
(1) to make grants under this section;
(2) to monitor and provide technical assistance under subsection (f) of this section;
(3) to publish and distribute an emergency response guide; and
(4) to pay administrative costs of carrying out this section and sections 5108(g)(2) and 5115 of this title, except that not more than 2 percent of the amounts made available from the account in a fiscal year may be used to pay those costs.
(j)
(1) In order to further the purposes of subsection (b), the Secretary shall, subject to the availability of funds, make grants to national nonprofit employee organizations engaged solely in fighting fires for the purpose of training instructors to conduct hazardous materials response training programs for individuals with statutory responsibility to respond to hazardous materials accidents and incidents.
(2) For the purposes of this subsection the Secretary, after consultation with interested organizations, shall—
(A) identify regions or locations in which fire departments or other organizations which provide emergency response to hazardous materials transportation accidents and incidents are in need of hazardous materials training; and
(B) prioritize such needs and develop a means for identifying additional specific training needs.
(3) Funds granted to an organization under this subsection shall only be used—
(A) to train instructors to conduct hazardous materials response training programs;
(B) to purchase training equipment used exclusively to train instructors to conduct such training programs; and
(C) to disseminate such information and materials as are necessary for the conduct of such training programs.
(4) The Secretary may only make a grant to an organization under this subsection in a fiscal year if the organization enters into an agreement with the Secretary to train instructors to conduct hazardous materials response training programs in such fiscal year that will use—
(A) a course or courses developed or identified under section 5115 of this title; or
(B) other courses which the Secretary determines are consistent with the objectives of this subsection;
for training individuals with statutory responsibility to respond to accidents and incidents involving hazardous materials. Such agreement also shall provide that training courses shall be open to all such individuals on a nondiscriminatory basis.
(5) The Secretary may impose such additional terms and conditions on grants to be made under this subsection as the Secretary determines are necessary to protect the interests of the United States and to carry out the objectives of this subsection.
(k)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 773; Pub. L. 103–311, title I, §§105, 119(a), (d)(2), (3), Aug. 26, 1994, 108 Stat. 1673, 1679, 1680; Pub. L. 103–429, §7(c), Oct. 31, 1994, 108 Stat. 4389; Pub. L. 104–287, §§5(8), 6(b), Oct. 11, 1996, 110 Stat. 3389, 3398; Pub. L. 109–59, title VII, §§7114(a)–(d)(2), (e), 7126, Aug. 10, 2005, 119 Stat. 1900, 1909; Pub. L. 109–295, title VI, §612(c), Oct. 4, 2006, 120 Stat. 1410.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5116(a) | 49 App.:1815(a). | Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, §117A(a)–(f), (g)(7), (9), (h)(6); added Nov. 16, 1990, Pub. L. 101–615, §17, 104 Stat. 3263, 3266, 3267, 3268. |
| 5116(b)(1) | 49 App.:1815(b)(1). | |
| 5116(b)(2) | 49 App.:1815(b) (2)–(4). | |
| 5116(b)(3) | 49 App.:1815(b)(5), (6). | |
| 5116(b)(4) | 49 App.:1815(b)(7). | |
| 5116(c) | 49 App.:1815(c). | |
| 5116(d) | 49 App.:1815(e). | |
| 5116(e) | 49 App.:1815(d). | |
| 5116(f) | 49 App.:1815(g)(7). | |
| 5116(g) | 49 App.:1815(f). | |
| 5116(h) | 49 App.:1815(g)(9). | |
| 5116(i) | 49 App.:1815(h)(6). |
In subsections (a)(2)(A) and (b)(2)(A), the words “at least equal” are substituted for “be maintained at a level which does not fall below” to eliminate unnecessary words.
In subsection (a)(2)(B), the words “by the State emergency response commission” are omitted as surplus.
In subsection (b)(2)(B)(i), the words “or courses” are omitted because of 1:1.
In subsection (c), the words “including compliance with such sections with respect to accidents and incidents involving the transportation of hazardous materials” are omitted as surplus.
In subsection (d), the word “section” is substituted for “subsection” for clarity because there are no objectives in the subsection being restated.
In subsection (e), the words “A grant under this section is for” are substituted for “By a grant under this section, the Secretary shall reimburse any State or Indian tribe an amount not to exceed” to eliminate unnecessary words and for consistency in the revised title. The words “which are required to be expended under subsections (a)(2) and (b)(2) of this section” are omitted as surplus. The words “under this subsection” are added for clarity.
In subsection (h), the words “including coordination of training programs” are omitted as surplus.
Pub. L. 104–287, §5(8)
This amends 49:5116(j)(4)(A) to correct an erroneous cross-reference.
References in Text
The Emergency Planning and Community Right-To-Know Act of 1986, referred to in subsec. (a)(1)(A), (2), is title III of Pub. L. 99–499, Oct. 17, 1986, 100 Stat. 1728, which is classified generally to chapter 116 (§11001 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 11001 of Title 42 and Tables.
Amendments
2005—Subsec. (a)(1), (2). Pub. L. 109–59, §7126, substituted “Secretary” for “Secretary of Transportation” in introductory provisions.
Subsec. (a)(2)(A). Pub. L. 109–59, §7114(a), substituted “5 fiscal years” for “2 fiscal years”.
Subsec. (b)(1). Pub. L. 109–59, §7126, substituted “Secretary” for “Secretary of Transportation”.
Subsec. (b)(2). Pub. L. 109–59, §7126, substituted “Secretary” for “Secretary of Transportation” in introductory provisions.
Subsec. (b)(2)(A). Pub. L. 109–59, §7114(a), substituted “5 fiscal years” for “2 fiscal years”.
Subsec. (b)(3)(C), (4). Pub. L. 109–59, §7126, substituted “Secretary” for “Secretary of Transportation” in introductory provisions of par. (3)(C) and “Secretary shall allocate” for “Secretary of Transportation shall allocate” in introductory provisions of par. (4).
Subsecs. (c), (d). Pub. L. 109–59, §7126, substituted “Secretary” for “Secretary of Transportation” in subsec. (c) and “Secretary.” for “Secretary of Transportation.” in subsec. (d).
Subsec. (f). Pub. L. 109–59, §7114(b), substituted “National Response Team” for “national response team”.
Subsec. (g). Pub. L. 109–59, §7126, substituted “Secretary” for “Secretary of Transportation” in introductory provisions.
Pub. L. 109–59, §7114(c), substituted “Federal financial assistance” for “Government grant programs” in introductory provisions.
Subsec. (i). Pub. L. 109–59, §7114(d)(1), (2), in introductory provisions, inserted “(to be known as the ‘Hazardous Materials Emergency Preparedness Fund’)” after “an account in the Treasury” and struck out “collects under section 5108(g)(2)(A) of this title and” before “transfers to the Secretary”, added par. (3), and redesignated former par. (3) as (4) and substituted “2 percent” for “10 percent”.
Subsec. (k). Pub. L. 109–59, §7114(e), substituted “The Secretary shall submit annually to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate and make available to the public information on the allocation and uses of the planning grants allocated under subsection (a), training grants under subsection (b), and grants under subsection (j) of this section and under section 5107” for “Not later than September 30, 1997, the Secretary shall submit to Congress a report on the allocation and uses of training grants authorized under subsection (b) for fiscal year 1993 through fiscal year 1996 and grants authorized under subsection (j) and section 5107 for fiscal years 1995 and 1996” and “The report” for “Such report”.
1996—Subsec. (a)(2). Pub. L. 104–287, §6(b), made technical correction to directory language of Pub. L. 103–311, §105(b)(2). See 1994 Amendment note below.
Subsec. (j)(4)(A). Pub. L. 104–287, §5(8), substituted “section 5115 of this title” for “subsection (g)”.
1994—Subsec. (a)(1). Pub. L. 103–311, §105(a), in introductory provisions inserted “and Indian tribes” after “States”, and in subpar. (A) substituted “on lands under the jurisdiction of a State or Indian tribe, and between lands under the jurisdiction of a State or Indian tribe and lands of another State or Indian tribe” for “in a State and between States”.
Subsec. (a)(2). Pub. L. 103–311, §105(b)(2), as amended by Pub. L. 104–287, §6(b), struck out “the State” after “only if” in introductory provisions.
Pub. L. 103–311, §105(b)(1), inserted “or Indian tribe” after “grant to a State” in introductory provisions.
Subsec. (a)(2)(A). Pub. L. 103–311, §105(b)(1), (3), inserted “the State or Indian tribe” before “certifies” and “or Indian tribe” before “expends”.
Subsec. (a)(2)(B). Pub. L. 103–311, §105(b)(4), inserted “the State” before “agrees”.
Subsec. (a)(3). Pub. L. 103–311, §105(c), added par. (3).
Subsec. (i)(1). Pub. L. 103–311, §119(d)(2), as amended by Pub. L. 103–429, struck out “and section 5107(e) of this title” after “under this section”.
Subsec. (i)(3). Pub. L. 103–311, §119(d)(3), as amended by Pub. L. 103–429, substituted “5108(g)(2)” for “5107(e), 5108(g)(2),”.
Subsecs. (j), (k). Pub. L. 103–311, §119(a), added subsecs. (j) and (k).
Change of Name
“Administrator of the Federal Emergency Management Agency”, “Administrators, and Director”, and “Administrator of the Federal Emergency Management Agency, Director of the National Institute of Environmental Health Sciences” substituted for “Director of the Federal Emergency Management Agency”, “Administrator, and Directors”, and “Directors of the Federal Emergency Management Agency and National Institute of Environmental Health Sciences”, respectively, in subsecs. (f) to (h), on authority of section 612(c) of Pub. L. 109–295, set out as a note under section 313 of Title 6, Domestic Security. Any reference to the Administrator of the Federal Emergency Management Agency in title VI of Pub. L. 109–295 or an amendment by title VI to be considered to refer and apply to the Director of the Federal Emergency Management Agency until Mar. 31, 2007, see section 612(f)(2) of Pub. L. 109–295, set out as a note under section 313 of Title 6.
Effective Date of 1996 Amendment
Section 6(b) of Pub. L. 104–287 provided that the amendment made by that section is effective Aug. 26, 1994.
Effective Date of 1994 Amendment
Section 7(c) of Pub. L. 103–429 provided that the amendment made by that section is effective Aug. 26, 1994.
§5117. Special permits and exclusions
(a)
(A) at least equal to the safety level required under this chapter; or
(B) consistent with the public interest and this chapter, if a required safety level does not exist.
(2) A special permit issued under this section shall be effective for an initial period of not more than 2 years and may be renewed by the Secretary upon application for successive periods of not more than 4 years each or, in the case of a special permit relating to section 5112, for an additional period of not more than 2 years.
(b)
(c)
(d)
(A) a public vessel (as defined in section 2101 of title 46);
(B) a vessel exempted under section 3702 of title 46 from chapter 37 of title 46; and
(C) a vessel to the extent it is regulated under the Ports and Waterways Safety Act of 1972 (33 U.S.C. 1221 et seq.).
(2) This chapter and regulations prescribed under this chapter do not prohibit—
(A) or regulate transportation of a firearm (as defined in section 232 of title 18), or ammunition for a firearm, by an individual for personal use; or
(B) transportation of a firearm or ammunition in commerce.
(e)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 776; Pub. L. 103–311, title I, §120(a), Aug. 26, 1994, 108 Stat. 1680; Pub. L. 109–59, title VII, §§7115(a)(1), (b)–(g), 7126, Aug. 10, 2005, 119 Stat. 1901, 1909.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5117(a) | 49 App.:1806(a) (1st, 2d sentences). | Jan. 3, 1975, Pub. L. 93–633, §107, 88 Stat. 2158; Nov. 16, 1990, Pub. L. 101–615, §9, 104 Stat. 3259. |
| 5117(b) | 49 App.:1806(a) (3d–last sentences). | |
| 5117(c)(1) | 49 App.:1806(b). | |
| 5117(c)(2) | 49 App.:1806(c). | |
| 5117(d) | 49 App.:1806(d). |
In subsection (a)(1), before clause (A), the words “or renew” and “subject to the requirements of this chapter” are omitted as surplus. In clause (A), the words “at least equal to the safety level required under this chapter” are substituted for “which is equal to or exceeds that level of safety which would be required in the absence of such exemption” to eliminate unnecessary words.
In subsection (a)(2), the words “issued or renewed” are omitted as surplus.
In subsection (b), the words “upon application” and “grant of such” are omitted as surplus. The words “give the public an opportunity to inspect” are substituted for “afford access to . . . public” for clarity. The words “described by subsection (b) of section 552 of title 5, or which is otherwise” are omitted as surplus.
In subsection (c)(1), clauses (A) and (B) are substituted for “any vessel which is excepted from the application of section 201 of the Ports and Waterways Safety Act of 1972 by paragraph (2) of such section”. Section 201 of that Act amended section 4417a of the Revised Statutes (classified at 46:391a prior to its repeal and reenactment as part of the codification of subtitle II of title 46 in 1983). Clauses (A) and (B) restate the exceptions provided by section 201 of that Act and by section 4417a of the Revised Statutes as subsequently amended. Clause (C) is substituted for “any other vessel regulated under such Act, to the extent of such regulation” because of the restatement.
In subsection (c)(2), before clause (A), the word “prescribed” is substituted for “issued” for consistency in the revised title and with other titles of the United States Code.
In subsection (d), the words “by which”, “the requirements of”, and “or relieved of the obligation to meet any requirements imposed under” are omitted as surplus.
References in Text
The Ports and Waterways Safety Act of 1972, referred to in subsec. (d)(1)(C), is Pub. L. 92–340, July 10, 1972, 86 Stat. 424, as amended, which is classified generally to chapter 25 (§1221 et seq.) of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see Short Title note set out under section 1221 of Title 33 and Tables.
Amendments
2005—Pub. L. 109–59, §7115(a)(1), substituted “Special permits and exclusions” for “Exemptions and exclusions” in section catchline.
Subsec. (a). Pub. L. 109–59, §7115(b), substituted “Issue Special Permits” for “Exempt” in heading.
Subsec. (a)(1). Pub. L. 109–59, §7126, substituted “Secretary” for “Secretary of Transportation” in introductory provisions.
Pub. L. 109–59, §7115(c), in introductory provisions, substituted “issue, modify, or terminate a special permit authorizing a variance” for “issue an exemption” and “performing a function regulated by the Secretary under section 5103(b)(1)” for “transporting, or causing to be transported, hazardous material”.
Subsec. (a)(2). Pub. L. 109–59, §7115(d), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “An exemption under this subsection is effective for not more than 2 years and may be renewed on application to the Secretary.”
Subsec. (b). Pub. L. 109–59, §7115(e), substituted “the special permit” for “the exemption” and substituted “a special permit” for “an exemption” wherever appearing.
Subsec. (c). Pub. L. 109–59, §7115(f), substituted “the special permit” for “the exemption” in two places.
Subsec. (e). Pub. L. 109–59, §7115(g), substituted “a special permit” for “an exemption” and “be granted a variance” for “be exempt”.
1994—Subsecs. (c) to (e). Pub. L. 103–311 added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively.
[§5118. Repealed. Pub. L. 109–59, title VII, §7115(h), Aug. 10, 2005, 119 Stat. 1901]
Section, Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 777; Pub. L. 108–426, §2(c)(2), Nov. 30, 2004, 118 Stat. 2424, related to employment of additional hazardous material safety inspectors.
§5119. Uniform forms and procedures
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 777; Pub. L. 104–287, §5(9), Oct. 11, 1996, 110 Stat. 3389; Pub. L. 109–59, title VII, §7116, Aug. 10, 2005, 119 Stat. 1901.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5119(a) | 49 App.:1819(a). | Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, §121(a)–(g); added Nov. 16, 1990, Pub. L. 101–615, §22, 104 Stat. 3271; Oct. 24, 1992, Pub. L. 102–508, §507, 106 Stat. 3312. |
| 5119(b) | 49 App.:1819(b), (c). | |
| 5119(c)(1) | 49 App.:1819(d). | |
| 5119(c)(2) | 49 App.:1819(e). | |
| 5119(c)(3) | 49 App.:1819(f). | |
| 5119(d) | 49 App.:1819(g). |
In subsection (a), before clause (1), the words “As soon as practicable after November 16, 1990” are omitted as obsolete.
In subsection (c)(1), the words “Subject to the provisions of this subsection” and “to the Secretary” are omitted as surplus.
References in Text
The date of enactment of this subsection, referred to in subsec. (e), is the date of enactment of Pub. L. 109–59, which was approved Aug. 10, 2005.
Amendments
2005—Pub. L. 109–59 reenacted section catchline without change and amended text generally. Prior to amendment, section consisted of subsecs. (a) to (d) relating to establishment of working group, consultation and reporting, regulations, and relationship to other laws.
1996—Subsec. (b)(2), Pub. L. 104–287 substituted “Transportation and Infrastructure” for “Public Works and Transportation”.
§5120. International uniformity of standards and requirements
(a)
(b)
(c)
(1) does not require the Secretary to prescribe a standard or requirement identical to a standard or requirement adopted by an international authority if the Secretary decides the standard or requirement is unnecessary or unsafe; and
(2) does not prohibit the Secretary from prescribing a safety standard or requirement more stringent than a standard or requirement adopted by an international authority if the Secretary decides the standard or requirement is necessary in the public interest.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 778; Pub. L. 109–59, title VII, §§7117, 7126, Aug. 10, 2005, 119 Stat. 1902, 1909.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5120(a) | 49 App.:1804(d)(1). | Jan. 3, 1975, Pub. L. 93–633, §105(d), 88 Stat. 2157; restated Nov. 16, 1990, Pub. L. 101–615 §4, 104 Stat. 3252. |
| 5120(b) | 49 App.:1804(d)(2) (1st sentence). | |
| 5120(c) | 49 App.:1804(d)(2) (last sentence). |
Amendments
2005—Subsec. (b). Pub. L. 109–59, §7126, substituted “Secretary may” for “Secretary of Transportation may”.
Pub. L. 109–59, §7117(a), inserted “and requirements” after “standards”.
Subsec. (c)(1). Pub. L. 109–59, §7126, substituted “Secretary to prescribe” for “Secretary of Transportation to prescribe”.
Pub. L. 109–59, §7117(b)(1), inserted “or requirement” after “standard” wherever appearing.
Subsec. (c)(2). Pub. L. 109–59, §7117(b)(2), struck out “included in a standard” before “adopted” and inserted “standard or” before “requirement” wherever appearing.
§5121. Administrative
(a)
(b)
(1) maintain records and property, make reports, and provide information the Secretary by regulation or order requires; and
(2) make the records, property, reports, and information available for inspection when the Secretary undertakes an investigation or makes a request.
(c)
(1)
(A) may inspect and investigate, at a reasonable time and in a reasonable manner, records and property relating to a function described in section 5103(b)(1);
(B) except in the case of packaging immediately adjacent to its hazardous material contents, may gain access to, open, and examine a package offered for, or in, transportation when the officer, employee, or agent has an objectively reasonable and articulable belief that the package may contain a hazardous material;
(C) may remove from transportation a package or related packages in a shipment offered for or in transportation for which—
(i) such officer, employee, or agent has an objectively reasonable and articulable belief that the package may pose an imminent hazard; and
(ii) such officer, employee, or agent contemporaneously documents such belief in accordance with procedures set forth in guidance or regulations prescribed under subsection (e);
(D) may gather information from the offeror, carrier, packaging manufacturer or tester, or other person responsible for the package, to ascertain the nature and hazards of the contents of the package;
(E) as necessary, under terms and conditions specified by the Secretary, may order the offeror, carrier, packaging manufacturer or tester, or other person responsible for the package to have the package transported to, opened, and the contents examined and analyzed, at a facility appropriate for the conduct of such examination and analysis; and
(F) when safety might otherwise be compromised, may authorize properly qualified personnel to assist in the activities conducted under this subsection.
(2)
(3)
(A) in the safe and prompt resumption of transportation of the package concerned; or
(B) in any case in which the hazardous material being transported is perishable, in the safe and expeditious resumption of transportation of the perishable hazardous material.
(d)
(1)
(2)
(A) describes the violation, condition, or practice that constitutes or is causing the imminent hazard;
(B) states the restrictions, prohibitions, recalls, or out-of-service orders issued or imposed; and
(C) describes the standards and procedures for obtaining relief from the order.
(3)
(4)
(5)
(e)
(1)
(2)
(f)
(A) maintain a facility and technical staff sufficient to provide, within the United States Government, the capability of evaluating a risk related to the transportation of hazardous material and material alleged to be hazardous;
(B) maintain a central reporting system and information center capable of providing information and advice to law enforcement and firefighting personnel, other interested individuals, and officers and employees of the Government and State and local governments on meeting an emergency related to the transportation of hazardous material; and
(C) conduct a continuous review on all aspects of transporting hazardous material to decide on and take appropriate actions to ensure safe transportation of hazardous material.
(2) Paragraph (1) of this subsection does not prevent the Secretary from making a contract with a private entity for use of a supplemental reporting system and information center operated and maintained by the contractor.
(g)
(1) to expand risk assessment and emergency response capabilities with respect to the security of transportation of hazardous material;
(2) to enhance emergency communications capacity as determined necessary by the Secretary, including the use of integrated, interoperable emergency communications technologies where appropriate;
(3) to conduct research, development, demonstration, risk assessment, and emergency response planning and training activities; or
(4) to otherwise carry out this chapter.
(h)
(1) a statistical compilation of accidents and casualties related to the transportation of hazardous material;
(2) a list and summary of applicable Government regulations, criteria, orders, and exemptions;
(3) a summary of the basis for each exemption;
(4) an evaluation of the effectiveness of enforcement activities relating to a function regulated by the Secretary under section 5103(b)(1) and the degree of voluntary compliance with regulations;
(5) a summary of outstanding problems in carrying out this chapter in order of priority; and
(6) recommendations for appropriate legislation.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 779; Pub. L. 103–311, title I, §§108, 117(a)(2), Aug. 26, 1994, 108 Stat. 1674, 1678; Pub. L. 109–59, title VII, §§7118, 7126, Aug. 10, 2005, 119 Stat. 1902, 1909.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5121(a) | 49 App.:1808(a) (1st sentence, last sentence words before semicolon). | Jan. 3, 1975, Pub. L. 93–633, §109(a) (1st sentence, last sentence words before semicolon), (b), (c), 88 Stat. 2159. |
| 5121(b) | 49 App.:1808(b). | |
| 5121(c) | 49 App.:1808(c). | |
| 5121(d) | 49 App.:1808(d). | Jan. 3, 1975, Pub. L. 93–633, §109(d), 88 Stat. 2159; Oct. 30, 1984, Pub. L. 98–559, §1(a), 98 Stat. 2907; Nov. 16, 1990, Pub. L. 101–615, §11, 104 Stat. 3259. |
| 5121(e) | 49 App.:1808(e). | Jan. 3, 1975, Pub. L. 93–633, §109(e), 88 Stat. 2159; Oct. 30, 1984, Pub. L. 98–559, §1(b), 98 Stat. 2907. |
In subsection (a), the words “to the extent necessary . . . his responsibilities under” and “relevant” are omitted as surplus. The word “documents” is omitted as being included in “records”. The words “directly or indirectly” are omitted as surplus. The word “prescribed” is substituted for “issued” for consistency in the revised title and with other titles of the United States Code.
In subsection (b), before clause (1), the words “requirements under” are omitted as surplus. In clause (1), the words “establish and” are omitted as surplus. The word “requires” is substituted for “prescribe” for clarity and consistency.
In subsection (c)(1), before clause (A), the words “enter upon . . . and examine” and “of persons to the extent such records and properties” are omitted as surplus. In clause (B), the words “or shipment by any person” are omitted as surplus.
In subsection (d)(1), before clause (A), the words “establish and” are omitted as executed. In clause (B), the words “capable of” are substituted for “so as to be able to” to eliminate unnecessary words. The words “technical and other” and “of communities” are omitted as surplus. The words “and employees” are added for consistency in the revised title and with other titles of the Code. In clause (C), the words “in order” and “to be able to” are omitted as surplus.
In subsection (e), before clause (1), the words “prepare and” and “comprehensive” are omitted as surplus. In clause (1), the word “thorough” is omitted as surplus. In clause (2), the words “in effect” are omitted as surplus. In clause (3), the words “granted or maintained” are omitted as surplus. In clause (6), the words “additional . . . as are deemed necessary or” are omitted as surplus.
References in Text
The date of enactment of the Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005, referred to in subsec. (e), is the date of enactment of title VII of Pub. L. 109–59, which was approved Aug. 10, 2005.
Amendments
2005—Subsec. (a). Pub. L. 109–59, §7126, substituted “Secretary may investigate” for “Secretary of Transportation may investigate”.
Pub. L. 109–59, §7118(a), inserted “conduct tests,” after “investigate,” and substituted “Except as provided in subsections (c) and (d), after” for “After” and “regulation prescribed, or an order, special permit, or approval issued,” for “regulation prescribed”.
Subsec. (b)(1). Pub. L. 109–59, §7118(b)(1), inserted “and property” after “records”.
Subsec. (b)(2). Pub. L. 109–59, §7118(b)(2), inserted “property,” after “records,” and “for inspection” after “available” and substituted “undertakes an investigation or makes a request” for “requests”.
Subsec. (c). Pub. L. 109–59, §7118(c), amended heading and text of subsec. (c) generally. Prior to amendment, text read as follows:
“(1) The Secretary may authorize an officer, employee, or agent to inspect, at a reasonable time and in a reasonable way, records and property related to—
“(A) manufacturing, fabricating, marking, maintaining, reconditioning, repairing, testing, or distributing a packaging or a container for use by a person in transporting hazardous material in commerce; or
“(B) the transportation of hazardous material in commerce.
“(2) An officer, employee, or agent under this subsection shall display proper credentials when requested.”
Subsecs. (d), (e). Pub. L. 109–59, §7118(d), added subsecs. (d) and (e). Former subsecs. (d) and (e) redesignated (f) and (h), respectively.
Subsec. (f). Pub. L. 109–59, §7118(d)(1), redesignated subsec. (d) as (f).
Subsec. (g). Pub. L. 109–59, §7118(e), added subsec. (g).
Subsec. (h). Pub. L. 109–59, §7118(f)(1), substituted “transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate” for “submit to the President for transmittal to the Congress” in introductory provisions.
Pub. L. 109–59, §7118(d)(1), redesignated subsec. (e) as (h).
Subsec. (h)(4). Pub. L. 109–59, §7118(f)(2), inserted “relating to a function regulated by the Secretary under section 5103(b)(1)” after “activities”.
1994—Subsec. (c)(1)(A). Pub. L. 103–311, §117(a)(2), substituted “a packaging or a” for “a package or”.
Subsec. (e). Pub. L. 103–311, §108, substituted “Report” for “Annual Report” in heading and substituted first sentence for former first sentence which read as follows: “The Secretary shall submit to the President, for submission to Congress, not later than June 15th of each year, a report about the transportation of hazardous material during the prior calendar year.”
Toll Free Number for Reporting
Section 116 of Pub. L. 103–311 provided that: “The Secretary of Transportation shall designate a toll free telephone number for transporters of hazardous materials and other individuals to report to the Secretary possible violations of chapter 51 of title 49, United States Code, or any order or regulation issued under that chapter.”
§5122. Enforcement
(a)
(b)
(A) to suspend or restrict the transportation of the hazardous material responsible for the hazard; or
(B) to eliminate or mitigate the hazard.
(2) On request of the Secretary, the Attorney General shall bring an action under paragraph (1) of this subsection.
(c)
(2) Clearance refused or revoked under this subsection may be granted upon the filing of a bond or other surety satisfactory to the Secretary.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 780; Pub. L. 104–324, title III, §312(a), Oct. 19, 1996, 110 Stat. 3920; Pub. L. 109–59, title VII, §§7119, 7126, Aug. 10, 2005, 119 Stat. 1905, 1909; Pub. L. 109–304, §17(h)(1), Oct. 6, 2006, 120 Stat. 1709.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5122(a) | 49 App.:1808(a) (last sentence words after semicolon). | Jan. 3, 1975, Pub. L. 93–633, §§109(a) (last sentence words after semicolon), 111(a), 88 Stat. 2159, 2161. |
| 49 App.:1810(a). | ||
| 5122(b) | 49 App.:1810(b). | Jan. 3, 1975, Pub. L. 93–633, §111(b), 88 Stat. 2161; Nov. 16, 1990, Pub. L. 101–615, §3(b), 104 Stat. 3247. |
In this section, the words “bring a civil action” are substituted for “bring an action in” in 49 App.:1810 and “petition . . . for an order . . . for such other order” for consistency in the revised title and with other titles of the United States Code.
In subsection (a), the text of 49 App.:1808(a) (last sentence words after semicolon) and the words “for equitable relief” in 49 App.:1810(a) are omitted as surplus. The words “enforce this chapter” are substituted for “redress a violation by any person of a provision of this chapter” to eliminate unnecessary words. The words “regulation prescribed or order issued” are substituted for “order or regulation issued” for consistency in the revised title and with other titles of the Code. The words “The court may award appropriate relief, including” are substituted for “Such district courts shall have jurisdiction to determine such actions and may grant such relief as is necessary or appropriate, including mandatory or prohibitive injunctive relief, interim equitable relief, and” to eliminate unnecessary words.
In subsection (b)(1), before clause (A), the words “as is necessary” are omitted as surplus.
Amendments
2006—Subsec. (c)(1). Pub. L. 109–304 substituted “Secretary of Homeland Security” and “section 60105 of title 46” for “Secretary of the Treasury” and “section 4197 of the Revised Statutes of the United States (46 App. U.S.C. 91)”, respectively.
2005—Subsec. (a). Pub. L. 109–59, §7126, substituted “Secretary” for “Secretary of Transportation”.
Pub. L. 109–59, §7119(a), substituted “this chapter or a regulation prescribed or order, special permit, or approval” for “this chapter or a regulation prescribed or order” and “The court may award appropriate relief, including a temporary or permanent injunction, punitive damages, and assessment of civil penalties considering the same penalty amounts and factors as prescribed for the Secretary in an administrative case under section 5123” for “The court may award appropriate relief, including punitive damages”.
Subsec. (b)(1)(B). Pub. L. 109–59, §7119(b), substituted “or mitigate the hazard” for “or ameliorate the hazard”.
1996—Subsec. (c). Pub. L. 104–324 added subsec. (c).
§5123. Civil penalty
(a)
(A) the person has actual knowledge of the facts giving rise to the violation; or
(B) a reasonable person acting in the circumstances and exercising reasonable care would have that knowledge.
(2) If the Secretary finds that a violation under paragraph (1) results in death, serious illness, or severe injury to any person or substantial destruction of property, the Secretary may increase the amount of the civil penalty for such violation to not more than $100,000.
(3) If the violation is related to training, paragraph (1) shall be applied by substituting “$450” for “$250”.
(4) A separate violation occurs for each day the violation, committed by a person that transports or causes to be transported hazardous material, continues.
(b)
(c)
(1) the nature, circumstances, extent, and gravity of the violation;
(2) with respect to the violator, the degree of culpability, any history of prior violations, the ability to pay, and any effect on the ability to continue to do business; and
(3) other matters that justice requires.
(d)
(e)
(f)
(g)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 780; Pub. L. 109–59, title VII, §§7120(a)–(c), 7126, Aug. 10, 2005, 119 Stat. 1905, 1906, 1909.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5123(a)(1) | 49 App.:1809(a)(1) (1st sentence less 3d–16th words, 2d sentence words before 4th comma, 3d sentence). | Jan. 3, 1975, Pub. L. 93–633, §110(a)(1), 88 Stat. 2160; Nov. 16, 1990, Pub. L. 101–615, §12(a)(1), 104 Stat. 3259. |
| 49 App.:1809(a)(3). | Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, §110(a)(3); added Nov. 16, 1990, Pub. L. 101–615, §12(a)(2), 104 Stat. 3259. | |
| 5123(a)(2) | 49 App.:1809(a)(1) (2d sentence words after 4th comma). | |
| 5123(b) | 49 App.:1809(a)(1) (1st sentence 3d–16th words, 4th sentence). | |
| 5123(c) | 49 App.:1809(a)(1) (last sentence). | |
| 5123(d), (e) | 49 App.:1809(a)(2) (1st sentence). | Jan. 3, 1975, Pub. L. 93–633, §110(a)(2), 88 Stat. 2160. |
| 5123(f) | 49 App.:1809(a)(2) (2d sentence). | |
| 5123(g) | 49 App.:1809(a)(2) (last sentence). |
In subsection (a)(1), before clause (1), the words “A person that knowingly violates this chapter or a regulation prescribed or order issued under this chapter is liable to the United States Government for a civil penalty of at least $250 but not more than $25,000 for each violation” are substituted for 49 App.:1809(a)(1) (1st sentence less 3d–16th words, 2d sentence words before 4th comma, 3d sentence) to eliminate unnecessary words.
In subsection (b), the word “impose” is substituted for “assessed” for consistency.
In subsection (c)(2), the words “the violator” are substituted for “the person found to have committed such violation” to eliminate unnecessary words.
In subsection (f), the words “imposed or compromised” are substituted for “of such penalty, when finally determined (or agreed upon in compromise)” to eliminate unnecessary words and for consistency. The words “liable for the penalty” are substituted for “charged” for clarity.
Amendments
2005—Subsec. (a)(1). Pub. L. 109–59, §7120(a)(1), in introductory provisions substituted “regulation, order, special permit, or approval issued” for “regulation prescribed or order issued” and “$50,000” for “$25,000”.
Subsec. (a)(2) to (4). Pub. L. 109–59, §7120(a)(2), (3), added pars. (2) and (3) and redesignated former par. (2) as (4).
Subsec. (b). Pub. L. 109–59, §7126, substituted “Secretary may” for “Secretary of Transportation may”.
Pub. L. 109–59, §7120(b), substituted “regulation prescribed or order, special permit, or approval issued” for “regulation prescribed”.
Subsec. (d). Pub. L. 109–59, §7120(c), substituted “section and any accrued interest on the civil penalty as calculated in accordance with section 1005 of the Oil Pollution Act of 1990 (33 U.S.C. 2705). In the civil action, the amount and appropriateness of the civil penalty shall not be subject to review.” for “section.”
Effective Date of 2005 Amendment
Pub. L. 109–59, title VII, §7120(d), Aug. 10, 2005, 119 Stat. 1906, provided that:
“(1)
“(2)
§5124. Criminal penalty
(a)
(b)
(1) a person acts knowingly when—
(A) the person has actual knowledge of the facts giving rise to the violation; or
(B) a reasonable person acting in the circumstances and exercising reasonable care would have that knowledge; and
(2) knowledge of the existence of a statutory provision, or a regulation or a requirement required by the Secretary, is not an element of an offense under this section.
(c)
(1) the person has knowledge of the facts giving rise to the violation; and
(2) the person has knowledge that the conduct was unlawful.
(d)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 781; Pub. L. 109–59, title VII, §7121, Aug. 10, 2005, 119 Stat. 1906.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5124 | 49 App.:1809(b). | Jan. 3, 1975, Pub. L. 93–633, §110(b), 88 Stat. 2161; restated Nov. 16, 1990, Pub. L. 101–615, §12(b), 104 Stat. 3259. |
Amendments
2005—Pub. L. 109–59 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: “A person knowingly violating section 5104(b) of this title or willfully violating this chapter or a regulation prescribed or order issued under this chapter shall be fined under title 18, imprisoned for not more than 5 years, or both.”
§5125. Preemption
(a)
(1) complying with a requirement of the State, political subdivision, or tribe and a requirement of this chapter, a regulation prescribed under this chapter, or a hazardous materials transportation security regulation or directive issued by the Secretary of Homeland Security is not possible; or
(2) the requirement of the State, political subdivision, or tribe, as applied or enforced, is an obstacle to accomplishing and carrying out this chapter, a regulation prescribed under this chapter, or a hazardous materials transportation security regulation or directive issued by the Secretary of Homeland Security.
(b)
(A) the designation, description, and classification of hazardous material.
(B) the packing, repacking, handling, labeling, marking, and placarding of hazardous material.
(C) the preparation, execution, and use of shipping documents related to hazardous material and requirements related to the number, contents, and placement of those documents.
(D) the written notification, recording, and reporting of the unintentional release in transportation of hazardous material.
(E) the designing, manufacturing, fabricating, inspecting, marking, maintaining, reconditioning, repairing, or testing a package, container, or packaging component that is represented, marked, certified, or sold as qualified for use in transporting hazardous material in commerce.
(2) If the Secretary prescribes or has prescribed under section 5103(b), 5104, 5110, or 5112 of this title or prior comparable provision of law a regulation or standard related to a subject referred to in paragraph (1) of this subsection, a State, political subdivision of a State, or Indian tribe may prescribe, issue, maintain, and enforce only a law, regulation, standard, or order about the subject that is substantively the same as a provision of this chapter or a regulation prescribed or order issued under this chapter. The Secretary shall decide on and publish in the Federal Register the effective date of section 5103(b) of this title for any regulation or standard about any of those subjects that the Secretary prescribes. The effective date may not be earlier than 90 days after the Secretary prescribes the regulation or standard nor later than the last day of the 2-year period beginning on the date the Secretary prescribes the regulation or standard.
(3) If a State, political subdivision of a State, or Indian tribe imposes a fine or penalty the Secretary decides is appropriate for a violation related to a subject referred to in paragraph (1) of this subsection, an additional fine or penalty may not be imposed by any other authority.
(c)
(2)(A) A highway routing designation, limitation, or requirement established before the date a regulation is prescribed under section 5112(b) of this title does not have to comply with section 5112(b)(1)(B), (C), and (F).
(B) This subsection and section 5112 of this title do not require a State or Indian tribe to comply with section 5112(b)(1)(I) if the highway routing designation, limitation, or requirement was established before November 16, 1990.
(C) The Secretary may allow a highway routing designation, limitation, or requirement to continue in effect until a dispute related to the designation, limitation, or requirement is resolved under section 5112(d) of this title.
(d)
(2) After consulting with States, political subdivisions of States, and Indian tribes, the Secretary shall prescribe regulations for carrying out paragraph (1) of this subsection.
(3) Subsection (a) of this section does not prevent a State, political subdivision of a State, or Indian tribe, or another person directly affected by a requirement, from seeking a decision on preemption from a court of competent jurisdiction instead of applying to the Secretary under paragraph (1) of this subsection.
(e)
(1) provides the public at least as much protection as do requirements of this chapter and regulations prescribed under this chapter; and
(2) is not an unreasonable burden on commerce.
(f)
(2) A State or political subdivision thereof or Indian tribe that levies a fee in connection with the transportation of hazardous materials shall, upon the Secretary's request, report to the Secretary on—
(A) the basis on which the fee is levied upon persons involved in such transportation;
(B) the purposes for which the revenues from the fee are used;
(C) the annual total amount of the revenues collected from the fee; and
(D) such other matters as the Secretary requests.
(g)
(h)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 781; Pub. L. 103–311, title I, §§107, 117(a)(2), 120(b), Aug. 26, 1994, 108 Stat. 1674, 1678, 1681; Pub. L. 103–429, §6(6), Oct. 31, 1994, 108 Stat. 4378; Pub. L. 107–296, title XVII, §1711(b), Nov. 25, 2002, 116 Stat. 2320; Pub. L. 109–59, title VII, §§7122, 7123(a), 7126, Aug. 10, 2005, 119 Stat. 1907, 1909.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5125(a) | 49 App.:1811(a). | Jan. 3, 1975, Pub. L. 93–633, §112(a)–(e), 88 Stat. 2161; Nov. 30, 1979, Pub. L. 96–129, §216(a), 93 Stat. 1015; restated Nov. 16, 1990, Pub. L. 101–615, §13, 104 Stat. 3259. |
| 5125(b) | 49 App.:1804(a)(4), (5). | Jan. 3, 1975, Pub. L. 93–633, §105(a)(4), (5), (b)(4), 88 Stat. 2157; restated Nov. 16, 1990, Pub. L. 101–615, §4, 104 Stat. 3247, 3250. |
| 5125(c) | 49 App.:1804(b)(4). | |
| 5125(d) | 49 App.:1811(c). | |
| 5125(e) | 49 App.:1811(d). | |
| 5125(f) | 49 App.:1811(e). | |
| 5125(g) | 49 App.:1811(b). |
In subsections (a) and (b)(1), the words “and unless authorized by Federal law” are omitted as surplus.
In subsection (a), before clause (1), the reference to subsections (b) and (c) is substituted for 49 App.:1811(a)(3) for clarity.
In subsection (b)(1), before clause (A), the words “ruling, provision” are omitted as surplus.
In subsection (b)(3), the word “imposes” is substituted for “assesses” for consistency.
In subsection (c)(1), the words “the procedural requirements of” and “the substantive requirements of” are omitted as surplus.
In subsection (c)(2)(A), the words “procedural requirements of the Federal standards established pursuant to” are omitted as surplus.
In subsection (f), the words “may bring a civil action for judicial review” are substituted for “may seek judicial review . . . only by filing a petition” for consistency in the revised title.
Pub. L. 103–429
This amends 49:5125(a) and (b)(1) to clarify the restatement of 49 App.:1804(a)(4) and 1811(a) by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 781).
Amendments
2005—Subsec. (b)(1)(E). Pub. L. 109–59, §7122(a)(1), added subpar. (E) and struck out former subpar. (E) which read as follows: “the design, manufacturing, fabricating, marking, maintenance, reconditioning, repairing, or testing of a packaging or a container represented, marked, certified, or sold as qualified for use in transporting hazardous material.”
Subsec. (b)(2). Pub. L. 109–59, §7126, substituted “If the Secretary” for “If the Secretary of Transportation”.
Pub. L. 109–59, §7122(a)(2), substituted “subjects that the Secretary prescribes. The” for “subjects that the Secretary prescribes after November 16, 1990. However, the”.
Subsec. (d)(1). Pub. L. 109–59, §7122(b), inserted “or section 5119(e)” before period at end of first sentence.
Subsec. (e). Pub. L. 109–59, §7122(c), inserted “or section 5119(b)” before period at end of first sentence.
Subsec. (f). Pub. L. 109–59, §7123(a), redesignated subsec. (g) as (f), realigned margins, and struck out heading and text of former subsec. (f). Text read as follows: “A party to a proceeding under subsection (d) or (e) of this section may bring a civil action in an appropriate district court of the United States for judicial review of the decision of the Secretary not later than 60 days after the decision becomes final.”
Subsec. (g). Pub. L. 109–59, §7123(a)(2), redesignated subsec. (h) as (g). Former subsec. (g) redesignated (f).
Subsecs. (h), (i). Pub. L. 109–59, §7123(a)(2), redesignated subsecs. (h) and (i) as (g) and (h), respectively.
Pub. L. 109–59, §7122(d), added subsecs. (h) and (i).
2002—Subsecs. (a), (b)(1). Pub. L. 107–296 substituted “chapter, a regulation prescribed under this chapter, or a hazardous materials transportation security regulation or directive issued by the Secretary of Homeland Security” for “chapter or a regulation prescribed under this chapter” wherever appearing.
1994—Subsecs. (a), (b)(1). Pub. L. 103–429 inserted “and unless authorized by another law of the United States” after “section” in introductory provisions.
Subsec. (b)(1)(E). Pub. L. 103–311, §117(a)(2), substituted “a packaging or a” for “a package or”.
Subsec. (d). Pub. L. 103–311, §120(b), inserted after second sentence “The Secretary shall issue a decision on an application for a determination within 180 days after the date of the publication of the notice of having received such application, or the Secretary shall publish a statement in the Federal Register of the reason why the Secretary's decision on the application is delayed, along with an estimate of the additional time necessary before the decision is made.”
Subsec. (g). Pub. L. 103–311, §107, designated existing provisions as par. (1) and added par. (2).
Effective Date of 2002 Amendment
Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
§5126. Relationship to other laws
(a)
(b)
(1) a pipeline subject to regulation under chapter 601 of this title; or
(2) any matter that is subject to the postal laws and regulations of the United States under this chapter or title 18 or 39.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 783; Pub. L. 103–311, title I, §117(a)(2), Aug. 26, 1994, 108 Stat. 1678; Pub. L. 109–59, title VII, §7124, Aug. 10, 2005, 119 Stat. 1908.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5126(a) | 49 App.:1818. | Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, §120; added Nov. 16, 1990, Pub. L. 101–615, §20, 104 Stat. 3270. |
| 5126(b) | 49 App.:1811(f). | Jan. 3, 1975, Pub. L. 93–633, §112(f), 88 Stat. 2161; Nov. 30, 1979, Pub. L. 96–129, §216(a), 93 Stat. 1015; restated Nov. 16, 1990, Pub. L. 101–615, §13, 104 Stat. 3260. |
In subsection (a), the word “manufactures” is substituted for “manufacturers” to correct an error in the source provisions. The words “of the executive, legislative, or judicial branch”, “be subject to and”, “substantive and procedural”, and “this chapter or any other” are omitted as surplus.
Amendments
2005—Subsec. (a). Pub. L. 109–59 substituted “transports hazardous material, or causes hazardous material to be transported,” for “transports or causes to be transported hazardous material,”, “designs, manufactures, fabricates, inspects, marks, maintains, reconditions, repairs, or tests a package, container, or packaging component that is represented” for “manufactures, fabricates, marks, maintains, reconditions, repairs, or tests a packaging or a container that the person represents, marks, certifies, or sells”, “shall comply with this chapter” for “must comply with this chapter”, and “designing, manufacturing, fabricating, inspecting, marking, maintaining, reconditioning, repairing, or testing” for “manufacturing, fabricating, marking, maintenance, reconditioning, repairing, or testing”.
1994—Subsec. (a). Pub. L. 103–311 substituted “a packaging or a” for “a package or”.
§5127. Judicial review
(a)
(b)
(c)
(d)
(Added Pub. L. 109–59, title VII, §7123(b), Aug. 10, 2005, 119 Stat. 1907.)
Prior Provisions
A prior section 5127 was renumbered section 5128 of this title.
§5128. Authorizations of appropriations
(a)
(1) For fiscal year 2005, $24,940,000.
(2) For fiscal year 2006, $29,000,000.
(3) For fiscal year 2007, $30,000,000.
(4) For fiscal year 2008, $30,000,000.
(b)
(1) To carry out section 5115, $200,000.
(2) To carry out sections 5116(a) and (b), $21,800,000 to be allocated as follows:
(A) $5,000,000 to carry out section 5116(a).
(B) $7,800,000 to carry out section 5116(b).
(C) Of the amount provided for by this paragraph for a fiscal year in excess of the suballocations in subparagraphs (A) and (B)—
(i) 35 percent shall be used to carry out section 5116(a); and
(ii) 65 percent shall be used to carry out section 5116(b),
except that the Secretary may increase the proportion to carry out section 5116(b) and decrease the proportion to carry out section 5116(a) if the Secretary determines that such reallocation is appropriate to carry out the intended uses of these funds as described in the applications submitted by States and Indian tribes.
(3) To carry out section 5116(f), $150,000.
(4) To publish and distribute the Emergency Response Guidebook under section 5116(i)(3), $625,000.
(5) To carry out section 5116(j), $1,000,000.
(c)
(d)
(e)
(f)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 783, §5127; Pub. L. 103–311, title I, §§103, 119(b), (c)(4), Aug. 26, 1994, 108 Stat. 1673, 1680; renumbered §5128 and amended Pub. L. 109–59, title VII, §§7123(b), 7125, Aug. 10, 2005, 119 Stat. 1907, 1908.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5127(a) | 49 App.:1812(a). | Jan. 3, 1975, Pub. L. 93–633, §115, 88 Stat. 2164; July 19, 1975, Pub. L. 94–56, §4, 89 Stat. 264; Oct. 11, 1976, Pub. L. 94–474, §3, 90 Stat. 2068; Sept. 30, 1978, Pub. L. 95–403, 92 Stat. 863; Oct. 30, 1984, Pub. L. 98–559, §2, 98 Stat. 2907; restated Nov. 16, 1990, Pub. L. 101–615, §14, 104 Stat. 3260; Oct. 24, 1992, Pub. L. 102–508, §504, 106 Stat. 3311. |
| 5127(b) | 49 App.:1816(d). | Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, §118(d); added Nov. 16, 1990, Pub. L. 101–615, §18, 104 Stat. 3269; Oct. 24, 1992, Pub. L. 102–508, §506, 106 Stat. 3312. |
| 5127(c) | 49 App.:1815(i)(3). | Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, §117A(i); added Nov. 16, 1990, Pub. L. 101–615, §17, 104 Stat. 3268. |
| 5127(d) | 49 App.:1815(i)(1), (2), (4). | |
| 5127(e) | 49 App.:1819(h) (1st sentence). | Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, §121(h); added Nov. 16, 1990, Pub. L. 101–615, §22, 104 Stat. 3272. |
| 5127(f) | 49 App.:1812(b). | |
| 5127(g) | 49 App.:1815(i)(5). | |
| 49 App.:1819(h) (last sentence). |
In the section, references to fiscal years 1991 and 1992 are omitted as obsolete.
In subsections (b), (c)(1), and (d), the words “amounts in” are omitted as surplus.
In subsection (c), the text of 49 App.:1815(i)(3)(A) is omitted as obsolete.
In subsection (c)(2), the words “relating to dissemination of the curriculum” are omitted as surplus.
Amendments
2005—Pub. L. 109–59, §7125, substituted “Authorizations” for “Authorization” in section catchline and amended text generally, substituting provisions relating to authorization of appropriations for fiscal years 2005 to 2008, consisting of subsecs. (a) to (f), for provisions relating to authorization of appropriations for fiscal years 1993 to 1998, consisting of subsecs. (a) to (g).
Pub. L. 109–59, §7123(b), renumbered section 5127 of this title as this section.
1994—Subsec. (a). Pub. L. 103–311, §103, substituted “fiscal year 1993, $18,000,000 for fiscal year 1994, $18,540,000 for fiscal year 1995, $19,100,000 for fiscal year 1996, and $19,670,000 for fiscal year 1997” for “the fiscal year ending September 30, 1993,”.
Subsec. (b). Pub. L. 103–311, §119(c)(4), amended subsec. (b)(1) generally. Prior to amendment, subsec. (b)(1) read as follows:
“(b)
Pub. L. 103–311, §119(b), designated existing provisions as par. (1) and added par. (2).
CHAPTER 53—PUBLIC TRANSPORTATION
Amendments
2005—Pub. L. 109–59, title III, §§3002(b)(1), 3005(c), 3006(c), 3007(b), 3010(b), 3011(b), 3012(c), 3013(i), 3014(e)(2), 3015(b)(2), 3016(d), 3018(b), 3019(b), 3021(b), 3024(b), 3025(b), 3028(d), 3029(b), 3033(b), 3035(b), 3038(b), Aug. 10, 2005, 119 Stat. 1544, 1559, 1566, 1568, 1573, 1588, 1593, 1596, 1597, 1600, 1605, 1608, 1614, 1620, 1622, 1625, 1627, 1629, 1638, substituted “PUBLIC” for “MASS” in chapter heading, substituted “transportation planning” for “planning” in item 5303, “Statewide transportation planning” for “Transportation improvement program” in item 5304, “Planning programs” for “Transportation management areas” in item 5305, “grant program” for “formula grant program” in item 5308, “grants” for “grants and loans” in item 5309, “Formula grants” for “Formula grants and loans” in item 5310, “grants” for “grant” in item 5311, “deployment” for “training” in item 5312, “Transit cooperative research program” for “State planning and research programs” in item 5313, “research programs” for “planning and research programs” in item 5314, “Alternative transportation in parks and public lands” for “Suspended light rail system technology pilot project” in item 5320, “Special provisions for capital projects” for “Limitations on discretionary and special needs grants and loans” in item 5324, “Investigations of safety hazards and security risks” for “Investigation of safety hazards” in item 5329, “State safety oversight” for “Withholding amounts for noncompliance with safety requirements” in item 5330, “National transit database” for “Reports and audits” in item 5335, and “Apportionment based on fixed guideway factors” for “Apportionment of appropriations for fixed guideway modernization” in item 5337, added items 5316, 5317, and 5340, and struck out item 5326 “Special procurements”.
Pub. L. 109–59, title III, §3037(b), Aug. 10, 2005, 119 Stat. 1636, which directed amendment of the analysis for chapter 53 by striking the item relating to section 5339 and inserting a new item 5339, was executed by adding the new item 5339 after item 5338 to reflect the probable itent of Congress, because no item for section 5339 had been enacted.
1998—Pub. L. 105–178, title III, §§3007(a)(2), 3008(b), 3009(b), 3014(b), 3017(b), 3025(b)(2), title V, §5110(c), June 9, 1998, 112 Stat. 347, 352, 359, 361, 365, 444, substituted “Urbanized area formula grants” for “Block grants” in item 5307, “Clean fuels formula grant program” for “Mass Transit Account block grants” in item 5308, “Capital investment” for “Discretionary” in item 5309, “Formula grant” for “Financial assistance” in item 5311, and “transit” for “mass transportation” in item 5315, struck out items 5316 “University research institutes” and 5317 “Transportation centers”, and inserted “provisions” after “Administrative” in item 5334.
Pub. L. 105–178, title III, §3013(b), June 9, 1998, 112 Stat. 359, which directed insertion of “formula” before “grants” in item 5310, was executed by substituting “Formula grants” for “Grants” to reflect the probable intent of Congress.
Pub. L. 105–178, title III, §3027(d), as added by Pub. L. 105–206, title IX, §9009(o)(2), July 22, 1998, 112 Stat. 858, substituted “formula grants” for “block grants” in item 5336.
§5301. Policies, findings, and purposes
(a)
(1) maximize the safe, secure, and efficient mobility of individuals;
(2) minimize environmental impacts; and
(3) minimize transportation-related fuel consumption and reliance on foreign oil.
(b)
(1) more than two-thirds of the population of the United States is located in rapidly expanding urbanized areas that generally cross the boundary lines of local jurisdictions and often extend into at least 2 States;
(2) the welfare and vitality of urban areas, the satisfactory movement of people and goods within those areas, and the effectiveness of programs aided by the United States Government are jeopardized by deteriorating or inadequate urban transportation service and facilities, the intensification of traffic congestion, and the lack of coordinated, comprehensive, and continuing development planning;
(3) transportation is the lifeblood of an urbanized society, and the health and welfare of an urbanized society depend on providing efficient, economical, and convenient transportation in and between urban areas;
(4) for many years the public transportation industry capably and profitably satisfied the transportation needs of the urban areas of the United States but in the early 1970's continuing even minimal public transportation service in urban areas was threatened because maintaining that transportation service was financially burdensome;
(5) ending that transportation, or the continued increase in its cost to the user, is undesirable and may affect seriously and adversely the welfare of a substantial number of lower income individuals;
(6) some urban areas were developing preliminary plans for, or carrying out, projects in the early 1970's to revitalize their public transportation operations;
(7) significant public transportation improvements are necessary to achieve national goals for improved air quality, energy conservation, international competitiveness, and mobility for elderly individuals, individuals with disabilities, and economically disadvantaged individuals in urban and rural areas of the United States;
(8) financial assistance by the Government to develop efficient and coordinated public transportation systems is essential to solve the urban transportation problems referred to in clause (2) of this subsection; and
(9) immediate substantial assistance by the Government is needed to enable public transportation systems to continue providing vital transportation service.
(c)
(d)
(e)
(f)
(1) to assist in developing improved public transportation equipment, facilities, techniques, and methods with the cooperation of both public transportation companies and private companies engaged in public transportation;
(2) to encourage the planning and establishment of areawide public transportation systems needed for economical and desirable urban development with the cooperation of both public transportation companies and private companies engaged in public transportation;
(3) to assist States and local governments and their authorities in financing areawide public transportation systems that are to be operated by public transportation companies or private companies engaged in public transportation as decided by local needs;
(4) to provide financial assistance to State and local governments and their authorities to help carry out national goals related to mobility for elderly individuals, individuals with disabilities, and economically disadvantaged individuals; and
(5) to establish a partnership that allows a community, with financial assistance from the Government, to satisfy its public transportation requirements.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 785; Pub. L. 109–59, title III, §§3002(b)(4), 3003, Aug. 10, 2005, 119 Stat. 1545.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5301(a) | 49 App.:1607(a) (1st sentence). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §8(a) (1st sentence); added Nov. 6, 1978, Pub. L. 95–599, §305(b), 92 Stat. 2743; Apr. 2, 1987, Pub. L. 100–17, §310, 101 Stat. 227; restated Dec. 18, 1991, Pub. L. 102–240, §3012, 105 Stat. 2098. |
| 5301(b) | 49 App.:1601(a). | July 9, 1964, Pub. L. 88–365, §2, 78 Stat. 302; Dec. 18, 1991, Pub. L. 102–240, §3005, 105 Stat. 2088. |
| 49 App.:1601b. | Nov. 26, 1974, Pub. L. 93–503, §2, 88 Stat. 1566. | |
| 5301(c) | 49 App.:1601a (1st sentence). | Oct. 15, 1970, Pub. L. 91–453, §1, 84 Stat. 962. |
| 5301(d) | 49 App.:1612(a). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §16(a); added Oct. 15, 1970, Pub. L. 91–453, §8, 84 Stat. 967; Dec. 18, 1991, Pub. L. 102–240, §3021(1), 105 Stat. 2110. |
| 5301(e) | 49 App.:1610(a) (1st sentence). | July 9, 1964, Pub. L. 88–365, §14(a) (1st sentence), 78 Stat. 308; Sept. 8, 1966, Pub. L. 89–562, §2(a)(1), 80 Stat. 715; restated Oct. 15, 1970, Pub. L. 91–453, §6, 84 Stat. 966. |
| 5301(f) | 49 App.:1601(b). | |
| 49 App.:1601a (last sentence). |
In subsection (b)(1), the words “the predominant part” in 49 App.:1601(a)(1) and “lives in urban areas” in 49 App.:1601b(1) are omitted because of the restatement. The words “metropolitan and other” in 49 App.:1601(a)(1) are omitted as surplus.
In subsection (b)(2), the words “housing, urban renewal, highway, and other”, “being”, “the . . . provision of”, and “transportation and other” in 49 App.:1601(a)(2) are omitted as surplus.
In subsection (b)(4), the words “the early 1970's” are substituted for “recent years” in 49 App.:1601b(4), and the words “minimal mass transportation service” are substituted for “this essential public service”, for clarity.
In subsection (b)(5), the word “particularly” in 49 App.:1601b(5) is omitted as surplus.
In subsection (b)(6), the words “were . . . in the early 1970's” are substituted for “now” in 49 App.:1601b(6) for clarity. The words “engaged in”, “actually”, and “comprehensive” in 49 App.:1601b(6) are omitted as surplus.
In subsection (b)(9), the word “many” in 49 App.:1601(b)(7) is omitted as surplus.
In subsection (c), the text of 49 App.:1601a (1st sentence words after semicolon) is omitted as executed.
In subsections (d) and (e), the words “hereby declared to be” are omitted as surplus.
In subsection (d), the words “to ensure that mass transportation can be used by elderly individuals and individuals with disabilities” are substituted for “in the planning and design of mass transportation facilities and services so that the availability to elderly persons and persons with disabilities of mass transportation which they can effectively utilize will be assured” to eliminate unnecessary words. The words “the field of” and “(including the programs under this chapter) . . . contain provisions” are omitted as surplus.
In subsection (e), the words “carrying out” are substituted for “construction of”, and the word “capital” is added, for consistency in the revised chapter. The reference to section 5310 of the revised title is added for clarity because a loan or grant made under section 5310 is deemed to have been made under section 5309.
In subsection (f)(5), the words “local” and “to exercise the initiative necessary” are omitted as surplus.
Amendments
2005—Subsec. (a). Pub. L. 109–59, §3003(a), amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: “It is in the interest of the United States to encourage and promote the development of transportation systems that embrace various modes of transportation and efficiently maximize mobility of individuals and goods in and through urbanized areas and minimize transportation-related fuel consumption and air pollution.”
Subsec. (b)(1). Pub. L. 109–59, §3003(b), substituted “two-thirds” for “70 percent” and “urbanized areas” for “urban areas”.
Subsecs. (b)(4), (6) to (9), (d). Pub. L. 109–59, §3002(b)(4), substituted “public transportation” for “mass transportation” wherever appearing.
Subsec. (e). Pub. L. 109–59, §3003(c), substituted “a” for “an urban” and struck out “under sections 5309 and 5310 of this title” before period at end.
Pub. L. 109–59, §3002(b)(4), substituted “public transportation” for “mass transportation”.
Subsec. (f)(1). Pub. L. 109–59, §3003(d)(1), substituted “public transportation equipment” for “mass transportation equipment” and “both public transportation companies and private companies engaged in public transportation” for “public and private mass transportation companies”.
Subsec. (f)(2). Pub. L. 109–59, §3003(d)(2), substituted “public transportation systems” for “urban mass transportation systems” and “both public transportation companies and private companies engaged in public transportation” for “public and private mass transportation companies”.
Subsec. (f)(3). Pub. L. 109–59, §3003(d)(3), substituted “public transportation systems” for “urban mass transportation systems” and “public transportation companies or private companies engaged in public transportation” for “public or private mass transportation companies”.
Subsec. (f)(5). Pub. L. 109–59, §3003(d)(4), substituted “public” for “urban mass”.
Contracting Out Study
Pub. L. 105–178, title III, §3032, June 9, 1998, 112 Stat. 385, as amended by Pub. L. 105–206, title IX, §9009(v), July 22, 1998, 112 Stat. 861, provided that:
“(a)
“(b)
“(1) the Transportation Research Board, in conducting the study, consider the number of grant recipients that have contracted out services, the size of the population served by such grant recipients, the basis for decisions regarding contracting out, and the extent to which contracting out was affected by the integration and coordination of resources of transit agencies and other Federal agencies and programs; and
“(2) the panel conducting the study shall include representatives of transit agencies, employees of transit agencies, private contractors, academic and policy analysts, and other interested persons.
“(c)
“(d)
“(e)
Commute-to-Work Benefits
Pub. L. 102–240, title VIII, §8004, Dec. 18, 1991, 105 Stat. 2206, provided that:
“(a)
“(1) current Federal policy places commuter transit benefits at a disadvantage compared to drive-to-work benefits;
“(2) this Federal policy is inconsistent with important national policy objectives, including the need to conserve energy, reduce reliance on energy imports, lessen congestion, and clean our Nation's air;
“(3) commuter transit benefits should be part of a comprehensive solution to national transportation and air pollution problems;
“(4) current Federal law allows employers to provide only up to $21 per month in employee benefits for transit or van pools;
“(5) the current ‘cliff provision’, which treats an entire commuter transit benefit as taxable income if it exceeds $21 per month, unduly penalizes the most effective employer efforts to change commuter behavior;
“(6) employer-provided commuter transit incentives offer many public benefits, including increased access of low-income persons to good jobs, inexpensive reduction of roadway and parking congestion, and cost-effective incentives for timely arrival at work; and
“(7) legislation to provide equitable treatment of employer-provided commuter transit benefits has been introduced with bipartisan support in both the Senate and House of Representatives.
“(b)
§5302. Definitions
(a)
(1)
(A) acquiring, constructing, supervising, or inspecting equipment or a facility for use in public transportation, expenses incidental to the acquisition or construction (including designing, engineering, location surveying, mapping, and acquiring rights-of-way), payments for the capital portions of rail trackage rights agreements, transit-related intelligent transportation systems, relocation assistance, acquiring replacement housing sites, and acquiring, constructing, relocating, and rehabilitating replacement housing;
(B) rehabilitating a bus;
(C) remanufacturing a bus;
(D) overhauling rail rolling stock;
(E) preventive maintenance;
(F) leasing equipment or a facility for use in public transportation, subject to regulations that the Secretary prescribes limiting the leasing arrangements to those that are more cost-effective than purchase or construction;
(G) a public transportation improvement that enhances economic development or incorporates private investment, including commercial and residential development, pedestrian and bicycle access to a public transportation facility, construction, renovation, and improvement of intercity bus and intercity rail stations and terminals, and the renovation and improvement of historic transportation facilities, because the improvement enhances the effectiveness of a public transportation project and is related physically or functionally to that public transportation project, or establishes new or enhanced coordination between public transportation and other transportation, and provides a fair share of revenue for public transportation that will be used for public transportation—
(i) including property acquisition, demolition of existing structures, site preparation, utilities, building foundations, walkways, open space, safety and security equipment and facilities (including lighting, surveillance and related intelligent transportation system applications), facilities that incorporate community services such as daycare or health care, and a capital project for, and improving, equipment or a facility for an intermodal transfer facility or transportation mall, except that a person making an agreement to occupy space in a facility under this subparagraph shall pay a reasonable share of the costs of the facility through rental payments and other means; and
(ii) excluding construction of a commercial revenue-producing facility (other than an intercity bus station or terminal) or a part of a public facility not related to public transportation;
(H) the introduction of new technology, through innovative and improved products, into public transportation;
(I) the provision of nonfixed route paratransit transportation services in accordance with section 223 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12143), but only for grant recipients that are in compliance with applicable requirements of that Act, including both fixed route and demand responsive service, and only for amounts not to exceed 10 percent of such recipient's annual formula apportionment under sections 5307 and 5311;
(J) crime prevention and security—
(i) including—
(I) projects to refine and develop security and emergency response plans;
(II) projects aimed at detecting chemical and biological agents in public transportation;
(III) the conduct of emergency response drills with public transportation agencies and local first response agencies; and
(IV) security training for public transportation employees; but
(ii) excluding all expenses related to operations, other than such expenses incurred in conducting activities described in clauses (i)(III) and (i)(IV);
(K) establishing a debt service reserve, made up of deposits with a bondholder's trustee, to ensure the timely payment of principal and interest on bonds issued by a grant recipient to finance an eligible project under this chapter; or
(L) mobility management—
(i) consisting of short-range planning and management activities and projects for improving coordination among public transportation and other transportation service providers carried out by a recipient or subrecipient through an agreement entered into with a person, including a governmental entity, under this chapter (other than section 5309); but
(ii) excluding operating public transportation services.
(2)
(3)
(A) that is effective temporarily before the expiration of the otherwise specified periods of time for public notice and comment under section 5334(b); 1 and
(B) prescribed by the Secretary as the result of a finding that a delay in the effective date of the regulation—
(i) would injure seriously an important public interest;
(ii) would frustrate substantially legislative policy and intent; or
(iii) would damage seriously a person or class without serving an important public interest.
(4)
(A) using and occupying a separate right-of-way or rail for the exclusive use of public transportation and other high occupancy vehicles; or
(B) using a fixed catenary system and a right-of-way usable by other forms of transportation.
(5)
(6)
(A) a political subdivision of a State;
(B) an authority of at least 1 State or political subdivision of a State;
(C) an Indian tribe; and
(D) a public corporation, board, or commission established under the laws of a State.
(7)
(8)
(9)
(A) that has not been used in public transportation in the United States before the date of production of the model; or
(B) used in public transportation in the United States, but being produced with a major change in configuration or components.
(10)
(11)
(12)
(13)
(14)
(15)
(A) historic preservation, rehabilitation, and operation of historic public transportation buildings, structures, and facilities (including historic bus and railroad facilities);
(B) bus shelters;
(C) landscaping and other scenic beautification, including tables, benches, trash receptacles, and street lights;
(D) public art;
(E) pedestrian access and walkways;
(F) bicycle access, including bicycle storage facilities and installing equipment for transporting bicycles on public transportation vehicles;
(G) transit connections to parks within the recipient's transit service area;
(H) signage; and
(I) enhanced access for persons with disabilities to public transportation.
(16)
(17)
(b)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 786; Pub. L. 103–331, title III, §335A, Sept. 30, 1994, 108 Stat. 2495; Pub. L. 104–50, title III, §333(a), Nov. 15, 1995, 109 Stat. 457; Pub. L. 104–287, §6(c), Oct. 11, 1996, 110 Stat. 3398; Pub. L. 105–102, §3(a), Nov. 20, 1997, 111 Stat. 2214; Pub. L. 105–178, title III, §3003, June 9, 1998, 112 Stat. 338; Pub. L. 105–206, title IX, §9009(a), July 22, 1998, 112 Stat. 852; Pub. L. 109–59, title III, §§3002(b)(4), 3004, Aug. 10, 2005, 119 Stat. 1545.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5302(a)(1) | 49 App.:1608(c)(1). | July 9, 1964, Pub. L. 88–365, §12(c)(1), 78 Stat. 306; Aug. 10, 1965, Pub. L. 89–117, §1109, 79 Stat. 507; Sept. 8, 1966, Pub. L. 89–562, §2(a)(1), 80 Stat. 715; May 25, 1967, Pub. L. 90–19, §20, 81 Stat. 25; Aug. 1, 1968, Pub. L. 90–448, §702, 82 Stat. 535; restated Nov. 6, 1978, Pub. L. 95–599, §308(b), 92 Stat. 2746; Jan. 6, 1983, Pub. L. 97–424, §309(a), 96 Stat. 2151; Apr. 2, 1987, Pub. L. 100–17, §309(a), 101 Stat. 227. |
| 49 App.:1608(c)(7), (8). | July 9, 1964, Pub. L. 88–365, §12(c)(3)–(9), 78 Stat. 306; Aug. 10, 1965, Pub. L. 89–117, §1109, 79 Stat. 507; Sept. 8, 1966, Pub. L. 89–562, §2(a)(1), 80 Stat. 715; May 25, 1967, Pub. L. 90–19, §20, 81 Stat. 25; Aug. 1, 1968, Pub. L. 90–448, §702, 82 Stat. 535; restated Nov. 6, 1978, Pub. L. 95–599, §308(b), 92 Stat. 2746; Dec. 18, 1991, Pub. L. 102–240, §3016, 105 Stat. 2108. | |
| 5302(a)(2) | 49 App.:1608(c)(3). | |
| 5302(a)(3) | 49 App.:1608(c)(13). | July 9, 1965, Pub. L. 88–365, 78 Stat. 302, §12(c)(12), (13); added Apr. 2, 1987, Pub. L. 100–17, §318(b)(3), 101 Stat. 234. |
| 5302(a)(4) | 49 App.:1608(c)(2). | July 9, 1964, Pub. L. 88–365, §12(c)(2), 78 Stat. 306; Aug. 10, 1965, Pub. L. 89–117, §1109, 79 Stat. 507; Sept. 8, 1966, Pub. L. 89–562, §2(a)(1), 80 Stat. 715; May 25, 1967, Pub. L. 90–19, §20, 81 Stat. 25; Aug. 1, 1968, Pub. L. 90–448, §702, 82 Stat. 535; restated Nov. 6, 1978, Pub. L. 95–599, §308(b), 92 Stat. 2746; Jan. 6, 1983, Pub. L. 97–424, §309(b), 96 Stat. 2151. |
| 5302(a)(5) | 49 App.:1608(c)(4) (1st sentence). | |
| 5302(a)(6) | 49 App.:1608(c)(5). | |
| 5302(a)(7) | 49 App.:1608(c)(6). | |
| 5302(a)(8) | (no source). | |
| 5302(a)(9) | 49 App.:1608(h)(2). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §12(h)(2); added Apr. 2, 1987, Pub. L. 100–17, §317(a), 101 Stat. 233; Dec. 18, 1991, Pub. L. 102–240, §6021(a), 105 Stat. 2184. |
| 49 App.:1608 (note). | Apr. 2, 1988, Pub. L. 100–17, §317(b)(4), 101 Stat. 233. | |
| 5302(a)(10) | 49 App.:1608(c)(12). | |
| 5302(a)(11) | 49 App.:1608(c)(9). | |
| 5302(a)(12) | 49 App.:1608(c)(10). | July 9, 1964, Pub. L. 88–365, §12(c)(10), (11), 78 Stat. 306; Aug. 10, 1965, Pub. L. 89–117, §1109, 79 Stat. 507; Sept. 8, 1966, Pub. L. 89–562, §2(a)(1), 80 Stat. 715; May 25, 1967, Pub. L. 90–19, §20, 81 Stat. 25; Aug. 1, 1968, Pub. L. 90–448, §702, 82 Stat. 535; restated Nov. 6, 1978, Pub. L. 95–599, §308(b), 92 Stat. 2746; Apr. 2, 1987, Pub. L. 100–17, §318(b)(1), (2), 101 Stat. 234. |
| 5302(a)(13) | 49 App.:1608(c)(11). | |
| 5302(b) | 49 App.:1608(c)(4) (last sentence). |
In this chapter, the words “local governmental authority” are substituted for “local public body” for consistency in the revised title and with other titles of the United States Code.
In subsection (a), before clause (1), the text of 49 App.:1608(c)(7) is omitted as surplus. The text of 49 App.:1608(c)(8) is omitted because the complete title of the Secretary of Transportation is used the first time the term appears in a section. In clause (1), before subclause (A), the words “capital project” are substituted for “construction” for clarity. In subclause (A), the words “actual”, “all”, and “reconstruction” are omitted as surplus. In subclause (D), the words “(whether or not such overhaul increases the useful life of the rolling stock)” are omitted as surplus. In clause (2), the words “for each of the jurisdictions included in the definition of ‘State’ ” are omitted as surplus. In clauses (3) and (10), the word “regulation” is substituted for “rule” for consistency in the revised title and with other titles of the Code and because the terms are synonymous. In clause (3)(B)(iii), the words “of persons” are omitted as surplus. In clauses (4) and (5), the word “mass” is substituted for “public” because of the restatement. In clause (4)(A), the words “including, but not limited to, fixed rail, automated guideway transit, and exclusive facilities for buses” are omitted as surplus. In clause (6)(A), the words “municipalities and other” are omitted as surplus. In clause (6)(B), the word “authority” is substituted for “public agencies and instrumentalities” for consistency in the revised title and with other titles of the Code. The word “municipalities” is omitted as surplus. In clause (7), the words “bus, or rail, or other”, “either publicly or privately owned”, and “on a . . . basis” are omitted as surplus. Clause (8) is added for clarity because the term “net project cost” has the same meaning throughout this chapter. In clause (11), the words “the Commonwealths of” are omitted as surplus. In clause (12), the word “individuals” is substituted for “commuters or others” to eliminate unnecessary words. In clause (13)(A), the words “in the case of any such area” and “entire” are omitted as surplus. The words “Secretary of Commerce” are substituted for “Bureau of the Census” because of 15:1511(e). In clause (13)(B), the words “so designated by the Bureau of Census”, “which shall be”, “responsible”, and “in cooperation with each other” are omitted as surplus.
Subsection (b) applies to section 5307(d)(1)(D) of the revised title because of 49 App.:1607a(e)(1), restated as section 5307(n)(2) of the revised title.
References in Text
The Americans with Disabilities Act of 1990, referred to in subsec. (a)(1)(I), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327, as amended, which is classified principally to chapter 126 (§12101 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of Title 42 and Tables.
Subsec. (b) of section 5334, referred to in subsec. (a)(3)(A), was redesignated subsec. (c) by Pub. L. 109–59, title III, §3023(3), Aug. 10, 2005, 119 Stat. 1626.
Amendments
2005—Subsec. (a). Pub. L. 109–59, §3004(a), substituted “Except as otherwise specifically provided, in this chapter” for “In this chapter” in introductory provisions.
Subsec. (a)(1)(A), (F). Pub. L. 109–59, §3002(b)(4), substituted “public transportation” for “mass transportation”.
Subsec. (a)(1)(G). Pub. L. 109–59, §3004(b)(1), inserted “construction, renovation, and improvement of intercity bus and intercity rail stations and terminals,” after “public transportation facility,” in introductory provisions.
Pub. L. 109–59, §3002(b)(4), substituted “public transportation” for “mass transportation” wherever appearing in introductory provisions.
Subsec. (a)(1)(G)(ii). Pub. L. 109–59, §3004(b)(2), inserted “(other than an intercity bus station or terminal)” after “commercial revenue-producing facility”.
Pub. L. 109–59, §3002(b)(4), substituted “public transportation” for “mass transportation”.
Subsec. (a)(1)(H). Pub. L. 109–59, §3002(b)(4), substituted “public transportation” for “mass transportation”.
Subsec. (a)(1)(J) to (L). Pub. L. 109–59, §3004(b)(3)–(5), added subpars. (J) to (L).
Subsec. (a)(4). Pub. L. 109–59, §3002(b)(4), substituted “public transportation” for “mass transportation” in introductory provisions and subpar. (A).
Subsec. (a)(5). Pub. L. 109–59, §3004(c), substituted “Individual with a disability” for “Handicapped individual” in heading and “individual with a disability” for “handicapped individual” in text.
Pub. L. 109–59, §3002(b)(4), substituted “public transportation” for “mass transportation” in two places.
Subsec. (a)(7). Pub. L. 109–59, §3004(d), amended heading and text of par. (7) generally. Prior to amendment, text read as follows: “The term ‘mass transportation’ means transportation by a conveyance that provides regular and continuing general or special transportation to the public, but does not include school bus, charter, or sightseeing transportation.”
Subsec. (a)(9). Pub. L. 109–59, §3002(b)(4), substituted “public transportation” for “mass transportation” in subpars. (A) and (B).
Subsec. (a)(10). Pub. L. 109–59, §3004(e), amended heading and text of par. (10) generally. Prior to amendment, text read as follows: “The term ‘public transportation’ means mass transportation.”
Subsec. (a)(14) to (16). Pub. L. 109–59, §3002(b)(4), substituted “public transportation” for “mass transportation” wherever appearing.
Subsec. (a)(17). Pub. L. 109–59, §3004(f), reenacted heading without change and amended text of par. (17) generally. Prior to amendment, text read as follows: “The term ‘urbanized area’ means an area—
“(A) encompassing at least an urbanized area within a State that the Secretary of Commerce designates; and
“(B) designated as an urbanized area within boundaries fixed by State and local officials and approved by the Secretary.”
Subsec. (b). Pub. L. 109–59, §3004(g), substituted “Individual With a Disability” for “Handicapped Individual” in heading and “individual with a disability” for “handicapped individual” in text.
1998—Pub. L. 105–178, §3003(a), formerly §3003, as renumbered by Pub. L. 105–206, §9009(a)(1), amended section generally, revising and restating existing definitions and adding new pars. defining additional terms.
Subsec. (a)(1)(G)(i). Pub. L. 105–178, §3003(b), as added by Pub. L. 105–206, §9009(a)(2), substituted “daycare or” for “daycare and”.
1997—Subsec. (a)(1)(B), (C). Pub. L. 105–102 made technical correction to directory language of Pub. L. 104–50, §333(a). See 1995 Amendment notes below.
1996—Subsec. (a)(1). Pub. L. 104–287 made technical correction to directory language of Pub. L. 103–331, §335A. See 1994 Amendment note below.
1995—Subsec. (a)(1)(B). Pub. L. 104–50, §333(a)(1), as amended by Pub. L. 105–102, §3(a)(1), struck out “that extends the economic life of a bus for at least 5 years” after “rehabilitating a bus”.
Subsec. (a)(1)(C). Pub. L. 104–50, §333(a)(2), as amended by Pub. L. 105–102, §3(a)(2), struck out “that extends the economic life of a bus for at least 8 years” after “remanufacturing a bus”.
1994—Subsec. (a)(1). Pub. L. 103–331, §335A, as amended by Pub. L. 104–287, inserted “payments for the capital portions of rail trackage rights agreements,” after “rights of way),”.
Effective Date of 1998 Amendment
Title IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, and provisions of Pub. L. 105–178, as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105–206 to be treated as not enacted, see section 9016 of Pub. L. 105–206, set out as a note under section 101 of Title 23, Highways.
Effective Date of 1997 Amendment
Pub. L. 105–102, §3(a), Nov. 20, 1997, 111 Stat. 2214, provided that the amendment made by section 3(a) is effective Nov. 15, 1995.
Amendment by Pub. L. 105–102 effective as if included in the provisions of the Act to which the amendment relates, see section 3(f) of Pub. L. 105–102, set out as a note under section 106 of this title.
Effective Date of 1996 Amendment
Section 6(c) of Pub. L. 104–287 provided that the amendment made by that section is effective Sept. 30, 1994.
Effective Date of 1995 Amendment
Section 333(b) of Pub. L. 104–50 provided that: “The amendments made by this section [amending this section] shall not take effect before March 31, 1996.”
1 See References in Text note below.
§5303. Metropolitan transportation planning
(a)
(1) encourage and promote the safe and efficient management, operation, and development of surface transportation systems that will serve the mobility needs of people and freight and foster economic growth and development within and between States and urbanized areas, while minimizing transportation-related fuel consumption and air pollution through metropolitan and statewide transportation planning processes identified in this chapter; and
(2) encourage the continued improvement and evolution of the metropolitan and statewide transportation planning processes by metropolitan planning organizations, State departments of transportation, and public transit operators as guided by the planning factors identified in subsection (h) and section 5304(d).
(b)
(1)
(2)
(3)
(4)
(5) TIP.—The term “TIP” means a transportation improvement program developed by a metropolitan planning organization under subsection (j).
(6)
(c)
(1)
(2)
(3)
(d)
(1)
(A) by agreement between the Governor and units of general purpose local government that together represent at least 75 percent of the affected population (including the largest incorporated city (based on population) as named by the Bureau of the Census); or
(B) in accordance with procedures established by applicable State or local law.
(2)
(A) local elected officials;
(B) officials of public agencies that administer or operate major modes of transportation in the metropolitan area; and
(C) appropriate State officials.
(3)
(A) develop the plans and TIPs for adoption by a metropolitan planning organization; and
(B) develop long-range capital plans, coordinate transit services and projects, and carry out other activities pursuant to State law.
(4)
(5)
(6)
(e)
(1)
(2)
(A) shall encompass at least the existing urbanized area and the contiguous area expected to become urbanized within a 20-year forecast period for the transportation plan; and
(B) may encompass the entire metropolitan statistical area or consolidated metropolitan statistical area, as defined by the Bureau of the Census.
(3)
(4)
(5)
(A) shall be established in the manner described in subsection (d)(1);
(B) shall encompass the areas described in paragraph (2)(A);
(C) may encompass the areas described in paragraph (2)(B); and
(D) may address any nonattainment area identified under the Clean Air Act for ozone or carbon monoxide.
(f)
(1)
(2)
(A) to enter into agreements or compacts, not in conflict with any law of the United States, for cooperative efforts and mutual assistance in support of activities authorized under this section as the activities pertain to interstate areas and localities within the States; and
(B) to establish such agencies, joint or otherwise, as the States may determine desirable for making the agreements and compacts effective.
(3)
(A)
(B)
(i) establish with the Federal land management agencies that have jurisdiction over land in the Lake Tahoe region a transportation planning process for the region; and
(ii) coordinate the transportation planning process with the planning process required of State and local governments under this section and section 5304.
(C)
(i)
(ii)
(I)
(II)
(D)
(i) shall be selected for funding in a manner that facilitates the participation of the Federal land management agencies that have jurisdiction over land in the Lake Tahoe region; and
(ii) may, in accordance with chapter 2 of title 23, be funded using funds allocated under section 202 of such title.
(4)
(g) MPO
(1)
(2)
(3)
(A) recipients of assistance under this chapter;
(B) governmental agencies and nonprofit organizations (including representatives of the agencies and organizations) that receive Federal assistance from a source other than the Department of Transportation to provide nonemergency transportation services; and
(C) recipients of assistance under section 204 of title 23.
(h)
(1)
(A) support the economic vitality of the metropolitan area, especially by enabling global competitiveness, productivity, and efficiency;
(B) increase the safety of the transportation system for motorized and nonmotorized users;
(C) increase the security of the transportation system for motorized and nonmotorized users;
(D) increase the accessibility and mobility of people and for freight;
(E) protect and enhance the environment, promote energy conservation, improve the quality of life, and promote consistency between transportation improvements and State and local planned growth and economic development patterns;
(F) enhance the integration and connectivity of the transportation system, across and between modes, for people and freight;
(G) promote efficient system management and operation; and
(H) emphasize the preservation of the existing transportation system.
(2)
(i)
(1)
(A) Any area designated as nonattainment, as defined in section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)).
(B) Any area that was nonattainment and subsequently designated to attainment in accordance with section 107(d)(3) of that Act (42 U.S.C. 7407(d)(3)) and that is subject to a maintenance plan under section 175A of that Act (42 U.S.C. 7505a).
In the case of any other area required to have a transportation plan in accordance with the requirements of this subsection, the metropolitan planning organization shall prepare and update such plan every 5 years unless the metropolitan planning organization elects to update more frequently.
(2)
(A)
(B)
(i)
(ii)
(C)
(D)
(E)
(F)
(3)
(4)
(A)
(B)
(i) comparison of transportation plans with State conservation plans or maps, if available; or
(ii) comparison of transportation plans to inventories of natural or historic resources, if available.
(5)
(A)
(B)
(i) shall be developed in consultation with all interested parties; and
(ii) shall provide that all interested parties have reasonable opportunities to comment on the contents of the transportation plan.
(C)
(i) hold any public meetings at convenient and accessible locations and times;
(ii) employ visualization techniques to describe plans; and
(iii) make public information available in electronically accessible format and means, such as the World Wide Web, as appropriate to afford reasonable opportunity for consideration of public information under subparagraph (A).
(6)
(7)
(j)
(1)
(A)
(B)
(C)
(D)
(2)
(A)
(B)
(i) demonstrates how the TIP can be implemented;
(ii) indicates resources from public and private sources that are reasonably expected to be available to carry out the program;
(iii) identifies innovative financing techniques to finance projects, programs, and strategies; and
(iv) may include, for illustrative purposes, additional projects that would be included in the approved TIP if reasonable additional resources beyond those identified in the financial plan were available.
(C)
(3)
(A)
(B)
(i)
(ii)
(C)
(D)
(4)
(5)
(A)
(i) by—
(I) in the case of projects under title 23, the State; and
(II) in the case of projects under this chapter, the designated recipients of public transportation funding; and
(ii) in cooperation with the metropolitan planning organization.
(B)
(6)
(A)
(B)
(7)
(A)
(B)
(C)
(k)
(1)
(A)
(B)
(2)
(3)
(4)
(A)
(B)
(5)
(A)
(i) ensure that the metropolitan planning process of a metropolitan planning organization serving a transportation management area is being carried out in accordance with applicable provisions of Federal law; and
(ii) subject to subparagraph (B), certify, not less often than once every 4 years, that the requirements of this paragraph are met with respect to the metropolitan planning process.
(B)
(i) the transportation planning process complies with the requirements of this section and other applicable requirements of Federal law; and
(ii) there is a TIP for the metropolitan planning area that has been approved by the metropolitan planning organization and the Governor.
(C)
(i) Withholding of project funds.—If a metropolitan planning process of a metropolitan planning organization serving a transportation management area is not certified, the Secretary may withhold up to 20 percent of the funds attributable to the metropolitan planning area of the metropolitan planning organization for projects funded under this chapter and title 23.
(ii) Restoration of withheld funds.—The withheld funds shall be restored to the metropolitan planning area at such time as the metropolitan planning process is certified by the Secretary.
(D)
(l)
(1)
(2)
(m)
(1)
(2)
(n)
(o)
(p)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 788; Pub. L. 104–287, §5(10), Oct. 11, 1996, 110 Stat. 3389; Pub. L. 105–102, §2(4), Nov. 20, 1997, 111 Stat. 2204; Pub. L. 105–178, title III, §§3004, 3029(b)(1)–(3), June 9, 1998, 112 Stat. 341, 372; Pub. L. 105–206, title IX, §9009(b), July 22, 1998, 112 Stat. 852; Pub. L. 109–59, title III, §3005(a), Aug. 10, 2005, 119 Stat. 1547.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5303(a) | 49 App.:1607(a) (2d–last sentences). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §8(a) (2d–last sentences)–(g), (n); added Nov. 6, 1978, Pub. L. 95–599, §305(b), 92 Stat. 2743; Apr. 2, 1987, Pub. L. 100–17, §310, 101 Stat. 227; restated Dec. 18, 1991, Pub. L. 102–240, §3012, 105 Stat. 2098, 2104. |
| 5303(b) | 49 App.:1607(f). | |
| 5303(c)(1) | 49 App.:1607(b)(1). | |
| 5303(c)(2) | 49 App.:1607(b)(2). | |
| 5303(c)(3) | 49 App.:1607(b)(6). | |
| 5303(c)(4) | 49 App.:1607(b)(4). | |
| 5303(c)(5) | 49 App.:1607(b)(5). | |
| 5303(c)(6) | 49 App.:1607(b)(3). | |
| 5303(d) | 49 App.:1607(c). | |
| 5303(e) | 49 App.:1607(d), (e). | |
| 5303(f) | 49 App.:1607(g). | |
| 5303(g) | 49 App.:1607(n). | |
| 5303(h) | 49 App.:1607(p). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §8(p); added Nov. 6, 1978, Pub. L. 95–599, §305(b), 92 Stat. 2743; Apr. 2, 1987, Pub. L. 100–17, §310, 101 Stat. 227; restated Dec. 18, 1991, Pub. L. 102–240, §3012, 105 Stat. 2105; Oct. 6, 1992, Pub. L. 102–388, §502(h), 106 Stat. 1566. |
In this section, the word “together” is omitted as surplus. The words “Secretary of Commerce” are substituted for “Bureau of the Census” because of 15:1511(e).
In subsection (b)(2), the word “applicable” is omitted as surplus.
In subsection (b)(3), the words “where it does not yet occur” are omitted as surplus.
In subsection (b)(4), the words “the provisions of all applicable” are omitted as surplus.
In subsection (c)(4), before clause (A), the words “whether made under this section or other provisions of law” are omitted as surplus.
In subsection (d), the word “entire” is omitted as surplus.
In subsection (e)(2), the words “or compacts” and “joint or otherwise” are omitted as surplus.
In subsection (f)(3), the word “area” is added for clarity and consistency with 42:7501(2).
In subsection (f)(5)(A), the words “published or otherwise” are omitted as surplus.
In subsection (g), before clause (1), the words “local governmental authorities” are substituted for “local public bodies”, and the words “departments, agencies, and instrumentalities of the Government” are substituted for “Federal departments and agencies”, for consistency in the revised title and with other titles of the United States Code.
In subsection (h)(6)(A), the words “for obligation”, “a period of”, and “the close of” are omitted as surplus.
Pub. L. 104–287
This amends 49:5303(f)(2) and (h)(4) to correct erroneous cross-references.
Pub. L. 105–102, §2(4)(A)
This amends 49:5303(c)(1) to correct an erroneous cross-reference.
Pub. L. 105–102, §2(4)(B)
This amends 49:5303(c)(4)(A) to correct an erroneous cross-reference.
Pub. L. 105–102, §2(4)(C)
This amends 49:5303(c)(5)(A) to correct an erroneous cross-reference.
References in Text
The Clean Air Act, referred to in subsecs. (e)(4), (5)(D), (g)(1), (i)(3), (l)(2), and (m)(1), is act July 14, 1955, ch. 360, 69 Stat. 322, as amended, which is classified generally to chapter 85 (§7401 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 7401 of Title 42 and Tables.
The date of enactment of the Federal Public Transportation Act of 2005, referred to in subsecs. (e)(4), (5) and (j)(7)(C), is the date of enactment of title III of Pub. L. 109–59, which was approved Aug. 10, 2005.
Public Law 96–551, referred to in subsec. (f)(3)(A), is Pub. L. 96–551, Dec. 19, 1980, 94 Stat. 3233, which is not classified to the Code.
The National Environmental Policy Act of 1969, referred to in subsec. (p), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, as amended, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.
Amendments
2005—Pub. L. 109–59 amended section catchline and text generally. Prior to amendment, text consisted of subsecs. (a) to (h) relating to designation of a metropolitan planning organization for each urbanized area with a population of more than 50,000, general requirements, scope of planning process, boundaries of each area, coordination in multistate areas, development of long-range transportation plans, grants for studies and evaluations, and apportionment of funds.
1998—Subsecs. (a), (b). Pub. L. 105–178, §3004(a), added subsecs. (a) and (b) and struck out headings and text of former subsecs. (a) and (b) which related to development requirements and plan and program factors, respectively.
Subsec. (c)(1)(A). Pub. L. 105–178, §3004(b)(1)(B), substituted “or cities, as defined by the Bureau of the Census)” for “as defined by the Secretary of Commerce)”.
Pub. L. 105–178, §3004(b)(1)(A), as amended by Pub. L. 105–206, §9009(b)(1)(A), substituted “general purpose local government that together represent” for “general local government representing”.
Subsec. (c)(2). Pub. L. 105–178, §3004(b)(2), substituted “Each policy board of a metropolitan planning organization that serves an area designated as a transportation management area when designated or redesignated under this subsection shall consist of” for “In a metropolitan area designated as a transportation management area, the designated metropolitan planning organization, if redesignated after December 18, 1991, shall include” and “officials of public agencies” for “officials of authorities”.
Subsec. (c)(3). Pub. L. 105–178, §3004(b)(3), as amended by Pub. L. 105–206, §9009(b)(1)(B), substituted “within an existing metropolitan planning area only if the chief executive officer of the State and the existing metropolitan organization determine that the size and complexity of the existing metropolitan planning area” for “in an urbanized area (as defined by the Secretary of Commerce) only if the chief executive officer decides that the size and complexity of the urbanized area”.
Subsec. (c)(4)(A). Pub. L. 105–178, §3004(b)(4), as added by Pub. L. 105–206, §9009(b)(1)(E), directed an amendment identical to that made by Pub. L. 105–102, §2(4)(B). See 1997 Amendment note below.
Subsec. (c)(5)(A). Pub. L. 105–178, §3004(b)(5)(A), formerly §3004(b)(4)(A), as renumbered and amended by Pub. L. 105–206, §9009(b)(1)(C), (D), substituted “general purpose local government that together represent” for “general local government representing”.
Subsec. (c)(5)(B). Pub. L. 105–178, §3004(b)(5)(B), formerly §3004(b)(4)(B), as renumbered by Pub. L. 105–206, §9009(b)(1)(D), substituted “or cities, as defined by the Bureau of the Census)” for “as defined by the Secretary of Commerce)”.
Subsec. (c)(5)(D). Pub. L. 105–178, §3004(b)(5)(C), formerly §3004(b)(4)(C), as renumbered by Pub. L. 105–206, §9009(b)(1)(D), added subpar. (D).
Subsec. (d). Pub. L. 105–178, §3004(c), inserted “Planning” after “Metropolitan” in subsec. heading, designated existing provisions as par. (1), inserted par. heading, realigned margins, inserted “planning” before “area” in first sentence and substituted pars. (2) to (4) for “The area shall cover at least the existing urbanized area and the contiguous area expected to become urbanized within the 20-year forecast period and may include the Metropolitan Statistical Area or Consolidated Metropolitan Statistical Area, as defined by the Secretary of Commerce. An area designated as a nonattainment area for ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.) shall include at least the boundaries of the nonattainment area, except as the chief executive officer and metropolitan planning organization otherwise agree.”
Subsec. (e)(2). Pub. L. 105–178, §3004(d)(1), inserted “or compact” after “2 States making an agreement” and substituted “making the agreements and compacts effective” for “making the agreement effective”.
Subsec. (e)(4) to (6). Pub. L. 105–178, §3004(d)(2), as amended by Pub. L. 105–206, §9009(b)(2), added pars. (4) to (6).
Subsec. (f). Pub. L. 105–178, §3004(e)(5), substituted “Developing Long-Range Transportation Plans” for “Developing Long-Range Plans” in heading.
Pub. L. 105–178, §3004(e)(6), which directed substitution of “long-range transportation plans” for “long-range plans” wherever appearing, could not be executed because “long-range plans” does not appear in text.
Subsec. (f)(1)(A). Pub. L. 105–178, §3004(e)(1)(A), substituted “national, regional, and metropolitan transportation functions” for “United States and regional transportation functions”.
Subsec. (f)(1)(B)(iii). Pub. L. 105–178, §3004(e)(1)(B), added cl. (iii) and struck out former cl. (iii) which read as follows: “recommends innovative financing techniques, including value capture, tolls, and congestion pricing, to finance needed projects and programs;”.
Subsec. (f)(1)(C). Pub. L. 105–178, §3004(e)(1)(C), added subpar. (C) and struck out former subpar. (C) which read as follows: “assess capital investment and other measures necessary—
“(i) to ensure the preservation of the existing metropolitan transportation system, including requirements for operational improvements, resurfacing, restoration, and rehabilitation of existing and future major roadways, and operations, maintenance, modernization, and rehabilitation of existing and future mass transportation facilities; and
“(ii) to use existing transportation facilities most efficiently to relieve vehicular congestion and maximize the mobility of individuals and goods; and”.
Subsec. (f)(1)(E). Pub. L. 105–178, §3004(f)(1), as added by Pub. L. 105–206, §9009(b)(3), added subpar. (E).
Subsec. (f)(2). Pub. L. 105–178, §3004(e)(2), substituted “and any State or local goals developed within the cooperative metropolitan planning process as they relate to a 20-year forecast period and to other forecast periods as determined by the participants in the planning process” for “as they are related to a 20-year forecast period”.
Subsec. (f)(4). Pub. L. 105–178, §3004(e)(3), inserted “freight shippers, providers of freight transportation services,” after “mass transportation authority employees,” and “representatives of users of public transit,” after “private providers of transportation,”.
Subsec. (f)(5)(A). Pub. L. 105–178, §3004(e)(4), inserted “published or otherwise” before “made readily available”.
Subsec. (f)(6). Pub. L. 105–178, §3004(f)(2), as added by Pub. L. 105–206, §9009(b)(3), added par. (6).
Subsec. (h)(1). Pub. L. 105–178, §3029(b)(1), (2), substituted “subsection (c) or (h)(1) of section 5338 of this title” for “section 5338(g)(1) of this title” and “sections 5304 and 5305 of this title” for “sections 5304–5306 of this title”.
Subsec. (h)(2)(A), (3)(A). Pub. L. 105–178, §3029(b)(1), substituted “subsection (c) or (h)(1) of section 5338 of this title” for “section 5338(g)(1) of this title”.
Subsec. (h)(4). Pub. L. 105–178, §3029(b)(3), substituted “subsection (c) or (h)(1) of section 5338 of this title” for “section 5338(g) of this title”.
1997—Subsec. (c)(1). Pub. L. 105–102, §2(4)(A), inserted “and sections 5304–5306 of this title” after “this section”.
Subsec. (c)(4)(A). Pub. L. 105–102, §2(4)(B), substituted “paragraph (5)” for “paragraph (3)”.
Subsec. (c)(5)(A). Pub. L. 105–102, §2(4)(C), inserted “and sections 5304–5306 of this title” after “this section”.
1996—Subsec. (f)(2). Pub. L. 104–287, §5(10)(A), substituted “subsection (b)” for “subsection (e)”.
Subsec. (h)(4). Pub. L. 104–287, §5(10)(B), substituted “section 5338(g)” for “5338(g)(1)”.
Effective Date of 1998 Amendment
Title IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, and provisions of Pub. L. 105–178, as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105–206 to be treated as not enacted, see section 9016 of Pub. L. 105–206, set out as a note under section 101 of Title 23, Highways.
Effective Date of 1996 Amendment
Section 8(1) of Pub. L. 104–287, as amended by Pub. L. 105–102, §3(d)(2)(A), Nov. 20, 1997, 111 Stat. 2215, provided that: “The amendments made by sections 3 and 5(10)–(17), (19), (20), (52), (53), (55), (61), (62), (65), (70), (77)–(79), and (91)–(93) of this Act [amending this section, sections 5307, 5309, 5315, 5317, 5323, 5325, 5327, 5336, 5338, 20301, 21301, 22106, 32702, 32705, 40109, 41109, 46301, 46306, 46316, 60114, 70102, and 70112 of this title, and section 1445 of Title 28, Judiciary and Judicial Procedure] shall take effect on July 5, 1994.”
Schedule for Implementation
Pub. L. 109–59, title III, §3005(b), Aug. 10, 2005, 119 Stat. 1559, provided that: “The Secretary [of Transportation] shall issue guidance on a schedule for implementation of the changes made by this section [amending this section], taking into consideration the established planning update cycle for States and metropolitan planning organizations. The Secretary shall not require a State or metropolitan planning organization to deviate from its established planning update cycle to implement changes made by this section. Beginning July 1, 2007, State or metropolitan planning organization plan or program updates shall reflect changes made by this section.”
§5304. Statewide transportation planning
(a)
(1)
(2)
(3)
(b)
(1) coordinate planning carried out under this section with the transportation planning activities carried out under section 5303 for metropolitan areas of the State and with statewide trade and economic development planning activities and related multistate planning efforts; and
(2) develop the transportation portion of the State implementation plan as required by the Clean Air Act (42 U.S.C. 7401 et seq.).
(c)
(1)
(2)
(d)
(1)
(A) support the economic vitality of the United States, the States, nonmetropolitan areas, and metropolitan areas, especially by enabling global competitiveness, productivity, and efficiency;
(B) increase the safety of the transportation system for motorized and nonmotorized users;
(C) increase the security of the transportation system for motorized and nonmotorized users;
(D) increase the accessibility and mobility of people and freight;
(E) protect and enhance the environment, promote energy conservation, improve the quality of life, and promote consistency between transportation improvements and State and local planned growth and economic development patterns;
(F) enhance the integration and connectivity of the transportation system, across and between modes throughout the State, for people and freight;
(G) promote efficient system management and operation; and
(H) emphasize the preservation of the existing transportation system.
(2)
(e)
(1) with respect to nonmetropolitan areas, the concerns of affected local officials with responsibility for transportation;
(2) the concerns of Indian tribal governments and Federal land management agencies that have jurisdiction over land within the boundaries of the State; and
(3) coordination of transportation plans, the transportation improvement program, and planning activities with related planning activities being carried out outside of metropolitan planning areas and between States.
(f)
(1)
(2)
(A)
(B)
(C)
(D)
(i)
(ii)
(3)
(A)
(B)
(i) hold any public meetings at convenient and accessible locations and times;
(ii) employ visualization techniques to describe plans; and
(iii) make public information available in electronically accessible format and means, such as the World Wide Web, as appropriate to afford reasonable opportunity for consideration of public information under subparagraph (A).
(4)
(A)
(B)
(5)
(6)
(7)
(8)
(g)
(1)
(2)
(A)
(B)
(C)
(3)
(4)
(A)
(B)
(C)
(i)
(ii)
(D)
(i) consistent with the statewide transportation plan developed under this section for the State;
(ii) identical to the project or phase of the project as described in an approved metropolitan transportation plan; and
(iii) in conformance with the applicable State air quality implementation plan developed under the Clean Air Act, if the project is carried out in an area designated as nonattainment for ozone, particulate matter, or carbon monoxide under that Act.
(E)
(F)
(G)
(i)
(ii)
(H)
(5)
(6)
(7)
(8)
(h)
(i)
(j)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 793; Pub. L. 105–178, title III, §3005, June 9, 1998, 112 Stat. 345; Pub. L. 105–206, title IX, §9009(c)(2), July 22, 1998, 112 Stat. 854; Pub. L. 109–59, title III, §3006(a), Aug. 10, 2005, 119 Stat. 1559.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5304(a) | 49 App.:1607(h)(1). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §8(h); added Nov. 6, 1978, Pub. L. 95–599, §305(b), 92 Stat. 2743; Apr. 2, 1987, Pub. L. 100–17, §310, 101 Stat. 227; restated Dec. 18, 1991, Pub. L. 102–240, §3012, 105 Stat. 2102; Oct. 6, 1992, Pub. L. 102–388, §§501, 502(e), 106 Stat. 1566. |
| 5304(b) | 49 App.:1607(h)(2). | |
| 5304(c) | 49 App.:1607(h)(3), (5). | |
| 5304(d) | 49 App.:1607(h)(6). | |
| 5304(e) | 49 App.:1607(h)(4). |
In subsection (b)(1), the word “initial” is omitted as surplus.
In subsection (b)(2)(C), the words “and programs” are omitted as surplus.
In subsection (c)(1), the word “otherwise” is omitted as surplus.
References in Text
The Clean Air Act, referred to in subsecs. (b)(2) and (g)(4)(D)(iii), is act July 14, 1955, ch. 360, 69 Stat. 322, as amended, which is classified generally to chapter 85 (§7401 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 7401 of Title 42 and Tables.
The National Environmental Policy Act of 1969, referred to in subsec. (j), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, as amended, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.
Amendments
2005—Pub. L. 109–59 amended section catchline and text generally. Prior to amendment, text consisted of subsecs. (a) to (e) relating to development and updating of a transportation improvement program, contents of program, selection of projects, notice and an opportunity to comment on proposed programs, and conformance of review requirements under the National Environmental Policy Act of 1969.
1998—Subsec. (a). Pub. L. 105–178, §3005(d)(1), as added by Pub. L. 105–206, §9009(c)(2), designated existing provisions as par. (1), inserted heading, and added par. (2).
Pub. L. 105–178, §3005(a), in second sentence, substituted “the metropolitan planning organization, in cooperation with the chief executive officer of the State and any affected mass transportation operator,” for “the organization” and inserted “other affected employee representatives, freight shippers, providers of freight transportation services,” after “transportation authority employees,” and “representatives of users of public transit,” after “private providers of transportation,”.
Subsec. (b)(2)(B). Pub. L. 105–178, §3005(d)(2)(A), as added by Pub. L. 105–206, §9009(c)(2), struck out “and” at end.
Subsec. (b)(2)(C). Pub. L. 105–178, §3005(d)(2)(B), as added by Pub. L. 105–206, §9009(c)(2), which directed amendment of subpar. (C) by substituting “strategies; and” for “strategies which may include”, was executed by making the substitution for “strategies, which may include” to reflect the probable intent of Congress. Remaining provisions of subpar. (C) redesignated (D).
Pub. L. 105–178, §3005(b), added subpar. (C) and struck out former subpar. (C) which read as follows: “recommends innovative financing techniques, including value capture, tolls, and congestion pricing, to finance needed projects.”
Subsec. (b)(2)(D). Pub. L. 105–178, §3005(d)(2)(B), as added by Pub. L. 105–206, §9009(c)(2), which directed amendment of subpar. (C) by substituting “strategies; and” followed by “(D) may include” for “strategies which may include”, was executed by making the substitutions for “strategies, which may include” to reflect the probable intent of Congress.
Subsec. (c)(1). Pub. L. 105–178, §3005(c)(1), added par. (1) and struck out former par. (1) which read as follows: “Except as provided in section 5305(d)(1) of this title, the State, in cooperation with the metropolitan planning organization, shall select projects in a metropolitan area that involve United States Government participation. Selection shall comply with the transportation improvement program for the area.”
Subsec. (c)(3). Pub. L. 105–178, §3005(c)(2), added par. (3).
Subsec. (c)(4). Pub. L. 105–178, §3005(d)(3), as added by Pub. L. 105–206, §9009(c)(2), added par. (4) and struck out heading and text of former par. (4). Text read as follows: “Notwithstanding subsection (b)(2)(C), a State or metropolitan planning organization shall not be required to select any project from the illustrative list of additional projects included in the financial plan under subsection (b)(2)(C).”
Pub. L. 105–178, §3005(c)(2), added par. (4).
Subsec. (c)(5), (6). Pub. L. 105–178, §3005(c)(2), added pars. (5) and (6).
Effective Date of 1998 Amendment
Title IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, and provisions of Pub. L. 105–178, as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105–206 to be treated as not enacted, see section 9016 of Pub. L. 105–206, set out as a note under section 101 of Title 23, Highways.
Schedule for Implementation
Pub. L. 109–59, title III, §3006(b), Aug. 10, 2005, 119 Stat. 1565, provided that: “The Secretary [of Transportation] shall issue guidance on a schedule for implementation of the changes made by this section [amending this section], taking into consideration the established planning update cycle for States and metropolitan planning organizations. The Secretary shall not require a State or metropolitan planning organization to deviate from its established planning update cycle to implement changes made by this section. Beginning July 1, 2007, State or metropolitan planning organization plan or program updates shall reflect changes made by this section.”
§5305. Planning programs
(a)
(b)
(1)
(A) develop transportation plans and programs;
(B) plan, engineer, design, and evaluate a public transportation project; and
(C) conduct technical studies relating to public transportation.
(2)
(A) Studies related to management, planning, operations, capital requirements, and economic feasibility.
(B) Evaluating previously financed projects.
(C) Peer reviews and exchanges of technical data, information, assistance, and related activities in support of planning and environmental analyses among metropolitan planning organizations and other transportation planners.
(D) Other similar and related activities preliminary to and in preparation for constructing, acquiring, or improving the operation of facilities and equipment.
(c)
(d)
(1)
(A)
(i) the population of urbanized areas in each State, as shown by the latest available decennial census of population; bears to
(ii) the total population of urbanized areas in all States, as shown by that census.
(B)
(2)
(A) considers population of urbanized areas;
(B) provides an appropriate distribution for urbanized areas to carry out the cooperative processes described in this section;
(C) the State develops in cooperation with the metropolitan planning organizations; and
(D) the Secretary approves.
(3)
(A)
(B)
(e)
(1)
(A)
(i) the population of urbanized areas in each State, as shown by the latest available decennial census; bears to
(ii) the population of urbanized areas in all States, as shown by that census.
(B)
(2)
(f)
(g)
(1) 82.72 percent shall be available for the metropolitan planning program under subsection (d); and
(2) 17.28 percent shall be available to carry out subsection (e).
(h)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 794; Pub. L. 105–178, title III, §3006, June 9, 1998, 112 Stat. 346; Pub. L. 105–206, title IX, §9009(d), July 22, 1998, 112 Stat. 854; Pub. L. 109–59, title III, §3007(a), Aug. 10, 2005, 119 Stat. 1566.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5305(a)–(e) | 49 App.:1607(i). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §8(i); added Nov. 6, 1978, Pub. L. 95–599, §305(b), 92 Stat. 2743; Apr. 2, 1987, Pub. L. 100–17, §310, 101 Stat. 227; restated Dec. 18, 1991, Pub. L. 102–240, §3012, 105 Stat. 2103; Oct. 6, 1992, Pub. L. 102–388, §502(f), 106 Stat. 1566. |
| 5305(f) | 49 App.:1607(l). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §8(j), (l); added Nov. 6, 1978, Pub. L. 95–599, §305(b), 92 Stat. 2743; Apr. 2, 1987, Pub. L. 100–17, §310, 101 Stat. 227; restated Dec. 18, 1991, Pub. L. 102–240, §3012, 105 Stat. 2104. |
| 5305(g) | 49 App.:1607(j). |
In subsection (c), the words “title 23” are substituted for “this title” for consistency in this chapter and to reflect the apparent intent of Congress. The word “appropriate” is omitted as surplus.
In subsection (e)(2), the words “under the formula program” are omitted as surplus.
In subsections (f) and (g), the word “area” is added for clarity and consistency with 42:7501(2).
In subsection (f), the words “Notwithstanding any other provisions of this chapter or title 23, United States Code” are omitted as surplus.
Amendments
2005—Pub. L. 109–59 amended section catchline and text generally. Prior to amendment, text consisted of subsecs. (a) to (h) relating to designation of areas as transportation management areas and plans and programs in an area.
1998—Subsec. (a)(2). Pub. L. 105–178, §3006(a), added par. (2) and struck out former par. (2) which read as follows: “any other area, including the Lake Tahoe Basin as defined in the Act of December 19, 1980 (Public Law 96–551, 94 Stat. 3233), when requested by the chief executive officer and the metropolitan organization designated for the area or the affected local officials.”
Subsec. (b). Pub. L. 105–178, §3006(b), inserted “affected” before “mass transportation operators”.
Subsec. (c). Pub. L. 105–178, §3006(c), struck out at end “The Secretary shall establish a phase-in schedule to comply with sections 5303, 5304, and 5306.”
Subsec. (d)(1). Pub. L. 105–178, §3006(d), as amended by Pub. L. 105–206, §9009(d), amended par. (1) generally. Prior to amendment, par. (1) read as follows:
“(1)(A) In consultation with the State, the metropolitan planning organization designated for a transportation management area shall select the projects to be carried out in the area with United States Government participation under this chapter or title 23, except projects of the National Highway System or under the Bridge and Interstate Maintenance programs.
“(B) In cooperation with the metropolitan planning organization designated for a transportation management area, the State shall select the projects to be carried out in the area of the National Highway System or under the Bridge and Interstate Maintenance programs.”
Subsec. (e)(2). Pub. L. 105–178, §3006(e)(1), added par. (2) and struck out former par. (2) which read as follows: “If the Secretary does not certify before October 1, 1993, that a metropolitan planning organization is carrying out its responsibilities, the Secretary may withhold any part of the apportionment under section 104(b)(3) of title 23 attributed to the relevant metropolitan area under section 133(d)(3) of title 23 and capital amounts apportioned under section 5336 of this title. If an organization remains uncertified for more than 2 consecutive years after September 30, 1994, 20 percent of that apportionment and capital amounts shall be withheld. The withheld apportionments shall be restored when the Secretary certifies the organization.”
Subsec. (e)(4). Pub. L. 105–178, §3006(e)(2), added par. (4).
Subsec. (h). Pub. L. 105–178, §3006(f), added subsec. (h).
Effective Date of 1998 Amendment
Title IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, and provisions of Pub. L. 105–178, as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105–206 to be treated as not enacted, see section 9016 of Pub. L. 105–206, set out as a note under section 101 of Title 23, Highways.
§5306. Private enterprise participation in metropolitan planning and transportation improvement programs and relationship to other limitations
(a)
(b)
(1) a metropolitan planning organization to impose a legal requirement on a transportation facility, provider, or project not eligible under this chapter or title 23; and
(2) intervention in the management of a transportation authority.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 795; Pub. L. 109–59, title III, §3008, Aug. 10, 2005, 119 Stat. 1568.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5306(a) | 49 App.:1607(o). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §8(o); added Nov. 6, 1978, Pub. L. 95–599, §305(b), 92 Stat. 2743; Apr. 2, 1987, Pub. L. 100–17, §310, 101 Stat. 227; restated Dec. 18, 1991, Pub. L. 102–240, §3012, 105 Stat. 2105. |
| 5306(b) | 49 App.:1607(m). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §8(m); added Nov. 6, 1978, Pub. L. 95–599, §305(b), 92 Stat. 2743; Apr. 2, 1987, Pub. L. 100–17, §310, 101 Stat. 227; restated Dec. 18, 1991, Pub. L. 102–240, §3012, 105 Stat. 2104; Oct. 6, 1992, Pub. L. 102–388, §502(g), 106 Stat. 1566. |
In subsection (a), the words “(through modernization, extension, addition, or otherwise)” are omitted as surplus.
Amendments
2005—Subsec. (a). Pub. L. 109–59 inserted “, as determined by local policies, criteria, and decisionmaking,” after “feasible”.
§5307. Urbanized area formula grants
(a)
(1)
(A) equipment, tires, tubes, and material, each costing at least .5 percent of the current fair market value of rolling stock comparable to the rolling stock for which the equipment, tires, tubes, and material are to be used; and
(B) reconstruction of equipment and material, each of which after reconstruction will have a fair market value of at least .5 percent of the current fair market value of rolling stock comparable to the rolling stock for which the equipment and material will be used.
(2)
(A) an entity designated, in accordance with the planning process under sections 5303, 5304, and 5306, by the chief executive officer of a State, responsible local officials, and publicly owned operators of public transportation, to receive and apportion amounts under section 5336 that are attributable to transportation management areas identified under section 5303; or
(B) a State or regional authority if the authority is responsible under the laws of a State for a capital project and for financing and directly providing public transportation.
(b)
(1)
(A) capital projects and associated capital maintenance items;
(B) planning;
(C) transit enhancements;
(D) operating costs of equipment and facilities for use in public transportation in an urbanized area with a population of less than 200,000;
(E) operating costs of equipment and facilities for use in public transportation in a portion or portions of an urbanized area with a population of at least 200,000, but not more than 225,000, if—
(i) the urbanized area includes parts of more than one State;
(ii) the portion of the urbanized area includes only one State;
(iii) the population of the portion of the urbanized area is less than 30,000; and
(iv) the grants will not be used to provide public transportation outside of the portion of the urbanized area; and
(F) operating costs of equipment and facilities for use in public transportation for local governmental authorities in areas which adopted transit operating and financing plans that became a part of the Houston, Texas, urbanized area as a result of the 2000 decennial census of population, but lie outside the service area of the principal public transportation agency that serves the Houston urbanized area.
(2)
(A)
(i) the urbanized area had a population of less than 200,000, as determined by the 1990 decennial census of population;
(ii) a portion of the urbanized area was a separate urbanized area with a population of less than 200,000, as determined by the 1990 decennial census of population;
(iii) the area was not designated as an urbanized area, as determined by the 1990 decennial census of population; or
(iv) a portion of the area was not designated as an urbanized area, as determined by the 1990 decennial census, and received assistance under section 5311 in fiscal year 2002.
(B)
(i) amounts made available to any urbanized area under clause (i) or (ii) of subparagraph (A) shall be not more than the amount apportioned in fiscal year 2002 to the urbanized area with a population of less than 200,000, as determined in the 1990 decennial census of population;
(ii) amounts made available to any urbanized area under subparagraph (A)(iii) shall be not more than the amount apportioned to the urbanized area under this section for fiscal year 2003; and
(iii) each portion of any area not designated as an urbanized area, as determined by the 1990 decennial census, and eligible to receive funds under subparagraph (A)(iv), shall receive an amount of funds to carry out this section that is not less than the amount the portion of the area received under section 5311 for fiscal year 2002.
(C)
(i) amounts made available to any urbanized area under clause (i) or (ii) of subparagraph (A) shall be not more than 50 percent of the amount apportioned in fiscal year 2002 to the urbanized area with a population of less than 200,000, as determined in the 1990 decennial census of population;
(ii) amounts made available to any urbanized area under subparagraph (A)(iii) shall be not more than 50 percent of the amount apportioned to the urbanized area under this section for fiscal year 2003; and
(iii) each portion of any area not designated as an urbanized area, as determined by the 1990 decennial census, and eligible to receive funds under subparagraph (A)(iv), shall receive an amount of funds to carry out this section that is not less than 50 percent of the amount the portion of the area received under section 5311 for fiscal year 2002.
(D)
(i) amounts made available to any urbanized area under clause (i) or (ii) of subparagraph (A) shall be not more than 25 percent of the amount apportioned in fiscal year 2002 to the urbanized area with a population of less than 200,000, as determined in the 1990 decennial census of population;
(ii) amounts made available to any urbanized area under subparagraph (A)(iii) shall be not more than 25 percent of the amount apportioned to the urbanized area under this section for fiscal year 2003; and
(iii) each portion of any area not designated as an urbanized area, as determined by the 1990 decennial census, and eligible to receive funds under subparagraph (A)(iv), shall receive an amount of funds to carry out this section that is not less than 25 percent of the amount the portion of the area received under section 5311 in fiscal year 2002.
(3) In a transportation management area designated under section 5305(a) of this title,1 amounts that cannot be used to pay operating expenses under this section also are available for a highway project if—
(A) that use is approved, in writing, by the metropolitan planning organization under section 5303 of this title after appropriate notice and an opportunity for comment and appeal is provided to affected public transportation providers;
(B) the Secretary decides the amounts are not needed for investment required by the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.); and
(C) the metropolitan planning organization in approving the use under subparagraph (A) determines that the local transit needs are being addressed.
(c)
(1) make available to the public information on amounts available to the recipient under this section and the program of projects the recipient proposes to undertake;
(2) develop, in consultation with interested parties, including private transportation providers, a proposed program of projects for activities to be financed;
(3) publish a proposed program of projects in a way that affected citizens, private transportation providers, and local elected officials have the opportunity to examine the proposed program and submit comments on the proposed program and the performance of the recipient;
(4) provide an opportunity for a public hearing in which to obtain the views of citizens on the proposed program of projects;
(5) ensure that the proposed program of projects provides for the coordination of public transportation services assisted under section 5336 of this title with transportation services assisted from other United States Government sources;
(6) consider comments and views received, especially those of private transportation providers, in preparing the final program of projects; and
(7) make the final program of projects available to the public.
(d)
(1) the recipient, within the time the Secretary prescribes, submits a final program of projects prepared under subsection (c) of this section and a certification for that fiscal year that the recipient (including a person receiving amounts from a chief executive officer of a State under this section)—
(A) has or will have the legal, financial, and technical capacity to carry out the program, including safety and security aspects of the program;
(B) has or will have satisfactory continuing control over the use of equipment and facilities;
(C) will maintain equipment and facilities;
(D) will ensure that elderly and handicapped individuals, or an individual presenting a medicare card issued to that individual under title II or XVIII of the Social Security Act (42 U.S.C. 401 et seq., 1395 et seq.), will be charged during non-peak hours for transportation using or involving a facility or equipment of a project financed under this section not more than 50 percent of the peak hour fare;
(E) in carrying out a procurement under this section—
(i) will use competitive procurement (as defined or approved by the Secretary);
(ii) will not use a procurement that uses exclusionary or discriminatory specifications;
(iii) will comply with applicable Buy America laws in carrying out a procurement; and
(iv) will comply with sections 5323 and 5325;
(F) has complied with subsection (c) of this section;
(G) has available and will provide the required amounts as provided by subsection (e) of this section;
(H) will comply with section 5301(a), section 5301(d), and sections 5303 through 5306;
(I) has a locally developed process to solicit and consider public comment before raising a fare or carrying out a major reduction of transportation;
(J)(i) will expend for each fiscal year for public transportation security projects, including increased lighting in or adjacent to a public transportation system (including bus stops, subway stations, parking lots, and garages), increased camera surveillance of an area in or adjacent to that system, providing an emergency telephone line to contact law enforcement or security personnel in an area in or adjacent to that system, and any other project intended to increase the security and safety of an existing or planned public transportation system, at least one percent of the amount the recipient receives for each fiscal year under section 5336 of this title; or
(ii) has decided that the expenditure for security projects is not necessary; and
(K) in the case of a recipient for an urbanized area with a population of at least 200,000—
(i) will expend not less than 1 percent of the amount the recipient receives each fiscal year under this section for transit enhancements, as defined in section 5302(a); and
(ii) will submit an annual report listing projects carried out in the preceding fiscal year with those funds; and
(2) the Secretary accepts the certification.
(e)
(1)
(2)
(3)
(A) in cash from non-Government sources other than revenues from providing public transportation services;
(B) from revenues derived from the sale of advertising and concessions;
(C) from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, or new capital; and
(D) from amounts received under a service agreement with a State or local social service agency or private social service organization.
(4)
(f)
(2) When approving an application under paragraph (1) of this subsection, the Secretary may not reduce the amount of operating assistance approved for another State or a local transportation authority within the affected urbanized areas.
(g)
(A) the recipient applies for the payment;
(B) the Secretary approves the payment; and
(C) before carrying out that part, the Secretary approves the plans and specifications for the part in the same way as for other projects under this section.
(2) The Secretary may approve an application under paragraph (1) of this subsection only if an authorization for this section is in effect for the fiscal year to which the application applies. The Secretary may not approve an application if the payment will be more than—
(A) the recipient's expected apportionment under section 5336 of this title if the total amount authorized to be appropriated for the fiscal year to carry out this section is appropriated; less
(B) the maximum amount of the apportionment that may be made available for projects for operating expenses under this section.
(3) The cost of carrying out that part of a project includes the amount of interest earned and payable on bonds issued by the recipient to the extent proceeds of the bonds are expended in carrying out the part. However, the amount of interest allowed under this paragraph may not be more than the most favorable financing terms reasonably available for the project at the time of borrowing. The applicant shall certify, in a manner satisfactory to the Secretary, that the applicant has shown reasonable diligence in seeking the most favorable financing terms.
(h)
(i) the activities proposed under subsection (d) of this section in a timely and effective way and can continue to do so; and
(ii) those activities and its certifications and has used amounts of the Government in the way required by law.
(B) An audit of the use of amounts of the Government shall comply with the auditing procedures of the Comptroller General.
(2) At least once every 3 years, the Secretary shall review and evaluate completely the performance of a recipient in carrying out the recipient's program, specifically referring to compliance with statutory and administrative requirements and the extent to which actual program activities are consistent with the activities proposed under subsection (d) of this section and the planning process required under sections 5303–5306 of this title. To the extent practicable, the Secretary shall coordinate such reviews with any related State or local reviews.
(3) The Secretary may take appropriate action consistent with a review, audit, and evaluation under this subsection, including making an appropriate adjustment in the amount of a grant or withdrawing the grant.
(i)
(j)
(k)
(1)
(2)
(A)
(B)
(l)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 795; Pub. L. 103–429, §6(7), Oct. 31, 1994, 108 Stat. 4378; Pub. L. 104–287, §5(11), Oct. 11, 1996, 110 Stat. 3389; Pub. L. 105–178, title III, §3007(a)(1), (b)–(h), June 9, 1998, 112 Stat. 347, 348; Pub. L. 105–206, title IX, §9009(e), July 22, 1998, 112 Stat. 855; Pub. L. 107–232, §1, Oct. 1, 2002, 116 Stat. 1478; Pub. L. 108–88, §8(n), Sept. 30, 2003, 117 Stat. 1125; Pub. L. 108–202, §9(n), Feb. 29, 2004, 118 Stat. 488; Pub. L. 108–224, §7(n), Apr. 30, 2004, 118 Stat. 636; Pub. L. 108–263, §7(n), June 30, 2004, 118 Stat. 708; Pub. L. 108–280, §7(n), July 30, 2004, 118 Stat. 885; Pub. L. 108–310, §8(n), Sept. 30, 2004, 118 Stat. 1158; Pub. L. 109–14, §7(m), May 31, 2005, 119 Stat. 333; Pub. L. 109–20, §7(m), July 1, 2005, 119 Stat. 355; Pub. L. 109–35, §7(m), July 20, 2005, 119 Stat. 389; Pub. L. 109–37, §7(m), July 22, 2005, 119 Stat. 404; Pub. L. 109–40, §7(m), July 28, 2005, 119 Stat. 420; Pub. L. 109–59, title III, §§3002(b)(4), 3009(a)–(h), Aug. 10, 2005, 119 Stat. 1545, 1568–1571.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5307(a)(1) | 49 App.:1607a(j)(1) (last sentence). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(j)(1) (last sentence); added Jan. 6, 1983, Pub. L. 97–424, §303, 96 Stat. 2145; Apr. 2, 1987, Pub. L. 100–17, §§309(b)(1), (2), 327(b), 101 Stat. 227, 238. |
| 5307(a)(2) | 49 App.:1607a(m)(1). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(h), (i), (m)(1); added Jan. 6, 1983, Pub. L. 97–424, §303, 96 Stat. 2145, 2147; Apr. 2, 1987, Pub. L. 100–17, §327(b), 101 Stat. 238; Oct. 6, 1992, Pub. L. 102–388, §503(2), 106 Stat. 1567. |
| 5307(b)(1) | 49 App.:1607a(j)(1) (1st sentence). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(j)(1) (1st sentence); added Jan. 6, 1983, Pub. L. 97–424, §303, 96 Stat. 2145; Apr. 2, 1987, Pub. L. 100–17, §§309(b)(3), 327(b), 101 Stat. 227, 238. |
| 5307(b)(2) | 49 App.:1607a(j)(1) (2d sentence). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(j)(1) (2d sentence); added Dec. 18, 1991, Pub. L. 102–240, §3013(h)(1), 105 Stat. 2107. |
| 5307(b)(3) | 49 App.:1607a(j)(1) (3d, 4th sentences). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(j)(1) (3d, 4th sentences); added Apr. 2, 1987, Pub. L. 100–17, §308, 101 Stat. 226. |
| 5307(b)(4) | 49 App.:1607a(j)(2). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(j)(2); added Apr. 2, 1987, Pub. L. 100–17, §309(b)(4), 101 Stat. 227. |
| 5307(b)(5) | 49 App.:1607a(j)(3). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(j)(3); added Dec. 18, 1991, Pub. L. 102–240, §3013(h)(2), 105 Stat. 2107. |
| 5307(c) | 49 App.:1607a(f). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(f); added Jan. 6, 1983, Pub. L. 97–424, §303, 96 Stat. 2144; Apr. 2, 1987, Pub. L. 100–17, §327(b), 101 Stat. 238; Dec. 18, 1991, Pub. L. 102–240, §3013(g), 105 Stat. 2107. |
| 5307(d)(1) | 49 App.:1607a(e)(2) (1st, last sentences). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(e)(2); added Jan. 6, 1983, Pub. L. 97–424, §303, 96 Stat. 2143; Apr. 2, 1987, Pub. L. 100–17, §§312(a), 327(b), 101 Stat. 228, 238; Dec. 18, 1991, Pub. L. 102–240, §3013(d), 105 Stat. 2106. |
| 49 App.:1607a(e)(3). | July 9, 1964, Pub. L. 88–365, 78 Stat. 202, §9(e)(3); added Jan. 6, 1983, Pub. L. 97–424, §303, 96 Stat. 2143; Apr. 2, 1987, Pub. L. 100–17, §327(b), 101 Stat. 238; Dec. 18, 1991, Pub. L. 102–240, §3013(f), 105 Stat. 2106. | |
| 5307(d)(2) | 49 App.:1607a(e)(5). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(e)(5); added Apr. 2, 1987, Pub. L. 100–17, §312(f)(1), 101 Stat. 229. |
| 5307(e) | 49 App.:1607a(k)(1). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(k)(1); added Jan. 6, 1983, Pub. L. 97–424, §303, 96 Stat. 2145; Apr. 2, 1987, Pub. L. 100–17, §§309(c), (d), (f), 312(b)(1), 327(b), 101 Stat. 227, 228, 238. |
| 5307(f) | 49 App.:1607a (note). | Nov. 21, 1989, Pub. L. 101–164, §334(c), 103 Stat. 1098. |
| 5307(g) | 49 App.:1607a(p). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(p); added Apr. 2, 1987, Pub. L. 100–17, §306(b), 101 Stat. 225. |
| 5307(h) | 49 App.:1607a(e)(6). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(e)(6); added Dec. 18, 1991, Pub. L. 102–240, §3013(e), 105 Stat. 2106. |
| 5307(i) | 49 App.:1607a(g). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(g); added Jan. 6, 1983, Pub. L. 97–424, §303, 96 Stat. 2144; Apr. 2, 1987, Pub. L. 100–17, §§312(f)(2), 327(b), 101 Stat. 229, 238. |
| 5307(j) | 49 App.:1607a(e)(4). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(e)(4); added Apr. 2, 1987, Pub. L. 100–17, §312(b)(2), 101 Stat. 228. |
| 5307(k) | 49 App.:1607a(e)(2) (2d, 3d sentences). | |
| 5307(l) | 49 App.:1607a(i). | |
| 5307(m) | 49 App.:1607a(r). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(r); added Dec. 18, 1991, Pub. L. 102–240, §3013(j), 105 Stat. 2107. |
| 5307(n)(1) | 49 App.:1607a(h). | |
| 5307(n)(2) | 49 App.:1607a(e)(1). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(e)(1); added Jan. 6, 1983, Pub. L. 97–424, §303, 96 Stat. 2143; Apr. 2, 1987, Pub. L. 100–17, §327(b), 101 Stat. 238; Dec. 18, 1991, Pub. L. 102–240, §3013(c), 105 Stat. 2106. |
In subsection (a)(2)(A), the word “required” is omitted as surplus. The word “apportion” is substituted for “dispense” for consistency in this chapter. The word “appropriated” is omitted for clarity.
In subsection (a)(2)(B), the word “authority” is substituted for “agency” for consistency in the revised title and with other titles of the United States Code. The words “by lease, contract, or otherwise” are omitted as surplus.
In subsection (b)(1), the words “by operation or lease or otherwise” are omitted as surplus.
In subsection (b)(3), the words “the Secretary prescribes” are added for clarity. The text of 49 App.:1607a(j)(1) (4th sentence) is omitted as executed.
In subsection (b)(4), the words “(whether by employees of the grant recipient or by contract)” are omitted as surplus.
In subsection (c)(1), the words “of funds” are omitted as surplus. The words “to the recipient” are added for clarity. The words “with such funds” are omitted as surplus.
In subsection (c)(3), the words “as appropriate” are omitted as surplus.
In subsection (c)(5), the words “and shall, if deemed appropriate by the recipient, modify the proposed program of projects” are omitted as surplus.
In subsection (d)(1)(B), the words “through operation or lease or otherwise” are omitted as surplus.
In subsection (d)(1)(D), the words “ensure that elderly and handicapped individuals . . . will be charged during non-peak hours for transportation using or involving a facility or equipment of a project financed under this chapter not more than 50 percent of the peak hour fare” are substituted for 49 App.:1607a(e)(3)(C) and the words “will give the rate required by section 1604(m) of this Appendix” for clarity and consistency in the revised title. The word “duly” is omitted as surplus.
In subsection (d)(1)(J)(ii), the words “has decided” are added for clarity to correct an error in the source provisions being restated.
In subsection (e), the words “at its option”, “public”, “the amount of any”, “by such system”, “Any public or private”, “solely”, and “available in” are omitted as surplus.
In subsection (f), the word “authority” is substituted for “agency or instrumentality” for consistency in the revised title and with other titles of the Code.
In subsection (f)(1), the words “is responsible under State laws for the financing, construction and operation, directly by lease, contract or otherwise, of public transportation services” are omitted as surplus because a State that is a designated recipient has that responsibility. The words “of UMTA funds”, “combined total permissible”, and “regardless of whether the amount for any particular urbanized area is exceeded” are omitted as surplus.
In subsection (f)(2), the word “Secretary” is substituted for “UMTA” [subsequently changed to “FTA” because of section 3004(b) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102–240, 105 Stat. 2088)] because of 49:102(b) and 107(a). The words “This provision shall take effect with the fiscal year 1990 section 9 apportionment” are omitted as obsolete.
In subsection (g)(2), before clause (A), the word “applies” is substituted for “is sought beyond the currently authorized funds for such recipient” to eliminate unnecessary words. In clause (A), the words “of funds” are omitted as surplus.
In subsection (g)(3), the words “Subject to the provisions of this paragraph”, “the Federal share of which the Secretary is authorized to pay under this subsection”, and “actually” are omitted as surplus.
In subsection (i)(1)(A), before clause (i), the words “necessary or” are omitted as surplus. In clause (ii), the words “required by law” are substituted for “which is consistent with the applicable requirements of this chapter and other applicable laws” to eliminate unnecessary words.
In subsection (i)(1)(B), the words “Comptroller General” are substituted for “General Accounting Office” because of 31:702(b).
In subsection (i)(2), the words “In addition to the reviews and audits described in paragraph (1)” and “perform a” are omitted as surplus.
Subsection (i)(3) is substituted for 49 App.:1607a(g)(3) to eliminate unnecessary words.
In subsection (l), the words “Administrator for Federal Procurement Policy” are substituted for “Office of Federal Procurement Policy” because of 41:404(b). The words “Such approval shall be binding until withdrawn” are omitted as surplus.
In subsection (n)(1), the words “available under section 5336 of this title” are substituted for “available under this subsection” for clarity.
In subsection (n)(2), the references to sections 5302(a)(8) and 5318 are added for clarity. The source provisions of sections 5302(a)(8) and 5318, enacted by section 317 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (Public Law 100–17, 101 Stat. 233), were not intended to come under the exclusion stated in 49 App.:1607a(e)(1). The reference to 49 App.:1604(k)(3) is omitted as obsolete. The words “condition, limitation, or other” and “for programs of projects” are omitted as surplus.
Pub. L. 103–429, §6(7)(A)
This amends 49:5307(d)(1)(D) to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 797).
Pub. L. 103–429, §6(7)(B)
This makes a clarifying amendment to 49:5307(d)(1)(E)(iii).
Pub. L. 104–287
This amends 49:5307(a)(2) to delete an obsolete provision.
References in Text
Section 5305 of this title, referred to in subsec. (b)(3), was amended generally by Pub. L. 109–59, title III, §3007(a), Aug. 10, 2005, 119 Stat. 1566, and as so amended, subsec. (a) of that section no longer relates to designation of transportation management areas.
The Americans with Disabilities Act of 1990, referred to in subsec. (b)(3)(B), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327, as amended, which is classified principally to chapter 126 (§12101 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of Title 42 and Tables.
The Social Security Act, referred to in subsec. (d)(1)(D), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Titles II and XVIII of such Act are classified generally to subchapters II (§401 et seq.) and XVIII (§1395 et seq.) respectively, of chapter 7 of Title 42. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
Amendments
2005—Subsec. (a)(1). Pub. L. 109–59, §3009(b)(1), substituted “means—” for “means”, designated part of existing provisions as subpar. (A), and added subpar. (B).
Subsec. (a)(2)(A). Pub. L. 109–59, §3009(b)(2), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “a person designated, consistent with the planning process under sections 5303–5306 of this title, by the chief executive officer of a State, responsible local officials, and publicly owned operators of mass transportation to receive and apportion amounts under section 5336 of this title that are attributable to transportation management areas established under section 5305(a) of this title; or”.
Subsec. (a)(2)(B). Pub. L. 109–59, §3002(b)(4), substituted “public transportation” for “mass transportation”.
Subsec. (b)(1). Pub. L. 109–59, §3009(c)(1), added par. (1) and struck out former par. (1) which read as follows: “The Secretary of Transportation may make grants under this section for capital projects and to finance the planning and improvement costs of equipment, facilities, and associated capital maintenance items for use in mass transportation, including the renovation and improvement of historic transportation facilities with related private investment. The Secretary may also make grants under this section to finance the operating cost of equipment and facilities for use in mass transportation in an urbanized area with a population of less than 200,000.”
Subsec. (b)(2). Pub. L. 109–59, §3009(c)(2), added par. (2) and struck out former par. (2) which related to special rule for fiscal years 2003 and 2004 and for the period of Oct. 1, 2004, through July 30, 2005.
Pub. L. 109–40, §7(m)(1), substituted “
Pub. L. 109–37, §7(m)(1), substituted “
Pub. L. 109–35, §7(m)(1), substituted “
Pub. L. 109–20, §7(m)(1), substituted “
Pub. L. 109–14, §7(m)(1), substituted “
Subsec. (b)(2)(A). Pub. L. 109–40, §7(m)(2), substituted “July 30, 2005” for “July 27, 2005” in introductory provisions.
Pub. L. 109–37, §7(m)(2), substituted “July 27, 2005” for “July 21, 2005” in introductory provisions.
Pub. L. 109–35, §7(m)(2), substituted “July 21, 2005” for “July 19, 2005” in introductory provisions.
Pub. L. 109–20, §7(m)(2), substituted “July 19, 2005” for “June 30, 2005” in introductory provisions.
Pub. L. 109–14, §7(m)(2), substituted “June 30, 2005” for “May 31, 2005” in introductory provisions.
Subsec. (b)(3)(A). Pub. L. 109–59, §3002(b)(4), substituted “public transportation” for “mass transportation”.
Subsec. (b)(4). Pub. L. 109–59, §3009(c)(3), struck out par. (4) which read as follows: “A project for the reconstruction of equipment and material, each of which after reconstruction will have a fair market value of at least .5 percent of the current fair market value of rolling stock comparable to the rolling stock for which the equipment and material will be used, is a capital project for an associated capital maintenance item under this section.”
Subsec. (c)(5). Pub. L. 109–59, §3002(b)(4), substituted “public transportation” for “mass transportation”.
Subsec. (d)(1)(A). Pub. L. 109–59, §3009(d)(1), inserted “, including safety and security aspects of the program” before semicolon at end.
Subsec. (d)(1)(E)(iv). Pub. L. 109–59, §3009(d)(2), added cl. (iv).
Subsec. (d)(1)(H). Pub. L. 109–59, §3009(d)(3), substituted “section 5301(a), section 5301(d), and sections 5303 through 5306” for “sections 5301(a) and (d), 5303–5306, and 5310(a)–(d) of this title”.
Subsec. (d)(1)(J)(i). Pub. L. 109–59, §3002(b)(4), substituted “public transportation” for “mass transportation” wherever appearing.
Subsec. (d)(1)(K). Pub. L. 109–59, §3009(d)(4), (5), added subpar. (K).
Subsec. (e). Pub. L. 109–59, §3009(e), reenacted heading without change and amended text of subsec. (e) generally. Prior to amendment, text read as follows: “A grant of the Government for a capital project (including associated capital maintenance items) under this section is for 80 percent of the net project cost of the project. A recipient may provide additional local matching amounts. A grant for operating expenses may not be more than 50 percent of the net project cost of the project. The remainder of the net project cost shall be provided in cash from sources other than amounts of the Government or revenues from providing mass transportation (excluding revenues derived from the sale of advertising and concessions that are more than the amount of those revenues in the fiscal year that ended September 30, 1985). Transit system amounts that make up the remainder shall be from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, or new capital.”
Subsec. (f)(1). Pub. L. 109–59, §3002(b)(4), substituted “public transportation” for “mass transportation”.
Subsec. (g)(4). Pub. L. 109–59, §3009(f), struck out par. (4) which read as follows: “The Secretary shall consider changes in capital project cost indices when determining the estimated cost under paragraph (3) of this subsection.”
Subsecs. (h), (i). Pub. L. 109–59, §3009(a), redesignated subsecs. (i) and (l) as (h) and (i), respectively, and struck out heading and text of former subsec. (h). Text read as follows: “The Secretary shall prescribe streamlined administrative procedures for complying with the certification requirement under subsection (d)(1)(B) and (C) of this section for track and signal equipment used in existing operations.”
Subsec. (j). Pub. L. 109–59, §3009(a), redesignated subsec. (m) as (j) and struck out heading and text of former subsec. (j). Text read as follows: “A recipient (including a person receiving amounts from a chief executive officer of a State under this section) shall submit annually to the Secretary a report on the revenues the recipient derives from the sale of advertising and concessions.”
Subsec. (k). Pub. L. 109–59, §3009(g), reenacted heading without change and amended text of subsec. (k) generally. Prior to amendment, text read as follows:
“(1) Section 1001 of title 18 applies to a certificate or submission under this section. The Secretary may end a grant under this section and seek reimbursement, directly or by offsetting amounts available under section 5336 of this title, when a false or fraudulent statement or related act within the meaning of section 1001 is made in connection with a certification or submission.
“(2) Sections 5302, 5318, 5319, 5323(a)(1), (d), and (f), 5332, and 5333 of this title apply to this section and to a grant made under this section. Except as provided in this section, no other provision of this chapter applies to this section or to a grant made under this section.”
Pub. L. 109–59, §3009(a), redesignated subsec. (n) as (k) and struck out heading and text of former subsec. (k). Text read as follows:
“(1)
“(2)
“(3)
Subsec. (l). Pub. L. 109–59, §3009(h), added subsec. (l).
Pub. L. 109–59, §3009(a)(2), redesignated subsec. (l) as (i).
Subsecs. (m), (n). Pub. L. 109–59, §3009(a)(2), redesignated subsecs. (m) and (n) as (j) and (k), respectively.
2004—Subsec. (b)(2). Pub. L. 108–310 inserted “
Pub. L. 108–280 substituted “
Pub. L. 108–263 substituted “
Pub. L. 108–224 substituted “
Pub. L. 108–202 substituted “
2003—Subsec. (b)(2). Pub. L. 108–88, §8(n)(1), inserted “and for the period of October 1, 2003, through February 29, 2004” after “2003” in heading.
Subsec. (b)(2)(A). Pub. L. 108–88, §8(n)(2), inserted “and for the period of October 1, 2003, through February 29, 2004” after “2003,” and added cl. (iv).
Subsec. (b)(2)(B). Pub. L. 108–88, §8(n)(3), inserted at end “Each portion of an area not designated as an urbanized area under the 1990 Federal decennial census and eligible to receive funds under subparagraph (A)(iv) shall receive an amount of funds made available to carry out this section that is no less than the amount the portion of the area received under section 5311 in fiscal year 2002.”
2002—Subsec. (b)(1). Pub. L. 107–232, §1(1), struck out at end “The Secretary may make grants under this section from funds made available for fiscal year 1998 to finance the operating costs of equipment and facilities for use in mass transportation in an urbanized area with a population of at least 200,000.”
Subsec. (b)(2) to (4). Pub. L. 107–232, §1(2)–(4), added par. (2), redesignated former pars. (2) and (3) as (3) and (4), respectively, and realigned margins of par. (3)(C), as redesignated.
1998—Pub. L. 105–178, §3007(a)(1), substituted “Urbanized area formula grants” for “Block grants” in section catchline.
Subsec. (a). Pub. L. 105–178, §3007(b)(1), substituted “In this section, the following definitions apply:” for “In this section—” in introductory provisions.
Subsec. (a)(1). Pub. L. 105–178, §3007(b)(2), inserted “
Subsec. (a)(2). Pub. L. 105–178, §3007(b)(3), inserted “
Subsec. (b)(1). Pub. L. 105–178, §3007(h)(1), as added by Pub. L. 105–206, §9009(e), inserted at end “The Secretary may make grants under this section from funds made available for fiscal year 1998 to finance the operating costs of equipment and facilities for use in mass transportation in an urbanized area with a population of at least 200,000.”
Pub. L. 105–178, §3007(c)(1), substituted “and improvement costs of equipment” for “, improvement, and operating costs of equipment” and inserted at end “The Secretary may also make grants under this section to finance the operating cost of equipment and facilities for use in mass transportation in an urbanized area with a population of less than 200,000.”
Subsec. (b)(2)(A). Pub. L. 105–178, §3007(c)(2)(A), inserted “, in writing,” after “approved”.
Subsec. (b)(2)(C). Pub. L. 105–178, §3007(c)(2)(B)–(4), added subpar. (C).
Subsec. (b)(3), (4). Pub. L. 105–178, §3007(c)(5), (6), redesignated par. (4) as (3) and struck out former par. (3) which read as follows: “A grant for a capital project under this section also is available to finance the leasing of equipment and facilities for use in mass transportation, subject to regulations the Secretary prescribes limiting the grant to leasing arrangements that are more cost effective than acquisition or construction.”
Subsec. (b)(5). Pub. L. 105–178, §3007(c)(5), struck out par. (5) which read as follows: “Amounts under this section are available for a highway project under title 23 only if amounts used for the State or local share of the project are eligible to finance either a highway or mass transportation project.”
Subsec. (g)(3). Pub. L. 105–178, §3007(d), substituted “the most favorable financing terms reasonably available for the project at the time of borrowing. The applicant shall certify, in a manner satisfactory to the Secretary, that the applicant has shown reasonable diligence in seeking the most favorable financing terms.” for “the amount by which the estimated cost of carrying out the part (if it would be carried out at the time the part is converted to a regularly financed project) exceeds the actual cost (except interest) of carrying out the part.”
Subsec. (i)(2). Pub. L. 105–178, §3007(e), inserted at end “To the extent practicable, the Secretary shall coordinate such reviews with any related State or local reviews.”
Subsec. (k). Pub. L. 105–178, §3007(f), amended heading and text of subsec. (k) generally. Prior to amendment, text read as follows: “A certification under subsection (d) of this section and any additional certification required by law to be submitted to the Secretary may be consolidated into a single document to be submitted annually as part of the grant application under this section. The Secretary shall publish annually a list of all certifications required under this chapter with the publication required under section 5336(e)(2) of this title.”
Subsec. (k)(3). Pub. L. 105–178, §3007(h)(2), as added by Pub. L. 105–206, §9009(e), inserted “preceding” before “fiscal year”.
Subsec. (n)(2). Pub. L. 105–178, §3007(g), inserted “5319,” after “5318,”.
1996—Subsec. (a)(2). Pub. L. 104–287 substituted “title; or” for “title;” in subpar. (A) and “transportation.” for “transportation; or” in subpar. (B) and struck out subpar. (C) which read as follows: “a recipient designated under section 5(b)(1) of the Federal Transit Act not later than January 5, 1983.”
1994—Subsec. (d)(1)(D). Pub. L. 103–429, §6(7)(A), substituted “section” for “chapter”.
Subsec. (d)(1)(E)(iii). Pub. L. 103–429, §6(7)(B), substituted “Buy America” for “Buy-American”.
Effective Date of 1998 Amendment
Title IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, and provisions of Pub. L. 105–178, as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105–206 to be treated as not enacted, see section 9016 of Pub. L. 105–206, set out as a note under section 101 of Title 23, Highways.
Effective Date of 1996 Amendment
Amendment by Pub. L. 104–287 effective July 5, 1994, see section 8(1) of Pub. L. 104–287, set out as a note under section 5303 of this title.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
Pilot Program for Cooperative Procurement of Major Capital Equipment
Pub. L. 108–447, div. H, title I, §167, Dec. 8, 2004, 118 Stat. 3228, provided that: “The Secretary shall continue the pilot program authorized under section 166 of the Consolidated Appropriations Act, 2004, Public Law 108–199; 118 Stat. 309 [set out below], for cooperative procurement of major capital equipment under sections 5307, 5309, and 5311 [of title 49, United States Code]. The program shall be administered as required under subsections (b) through (g) of section 166, except that there shall be five pilot projects: Provided, That the Secretary shall evaluate all proposals based on selection criteria set forth in the announcement of the program and request for proposals (Federal Register Notice—Vol. 69, No. 120, Page 35127, June 23, 2004). All proposed projects shall be evaluated and the proposing party shall receive notification of acceptance or denial by no later than 90 days after the Secretary receives a request for review of a proposed project: Provided further, That not later than 30 days after delivery of the base order under each of the five pilot projects, the Secretary shall submit to the House and Senate Committees on Appropriations a report on the results of that pilot project. Each report shall evaluate any savings realized through the cooperative procurement and the benefits of incorporating cooperative procurement, as shown by that project, into the mass transit program as a whole.”
Pub. L. 108–199, div. F, title I, §166, Jan. 23, 2004, 118 Stat. 309, provided that:
“(a)
“(b)
“(c)
“(1)
“(2)
“(3)
“(d)
“(e)
“(f)
“(g)
“(h)
Local Share
Pub. L. 105–178, title III, §3011, June 9, 1998, 112 Stat. 357, as amended by Pub. L. 108–202, §9(u), Feb. 29, 2004, 118 Stat. 489; Pub. L. 108–224, §7(u), Apr. 30, 2004, 118 Stat. 637; Pub. L. 108–263, §7(u), June 30, 2004, 118 Stat. 708; Pub. L. 108–280, §7(u), July 30, 2004, 118 Stat. 886; Pub. L. 108–310, §8(u), Sept. 30, 2004, 118 Stat. 1158; Pub. L. 109–14, §7(t), May 31, 2005, 119 Stat. 334; Pub. L. 109–20, §7(s), July 1, 2005, 119 Stat. 356; Pub. L. 109–35, §7(s), July 20, 2005, 119 Stat. 389; Pub. L. 109–37, §7(s), July 22, 2005, 119 Stat. 404; Pub. L. 109–40, §7(s), July 28, 2005, 119 Stat. 421, provided that:
“(a)
“(b)
“(c)
“(1)
“(2)
“(A) information on each project undertaken, the amount of the revenue bonds issued, and the status of repayment of the bonds; and
“(B) any recommendations of the Secretary regarding the application of this section.”
Pilot Program for Intercity Rail Infrastructure Investment From Mass Transit Account of Highway Trust Fund
Pub. L. 105–178, title III, §3021, June 9, 1998, 112 Stat. 363; as amended by Pub. L. 105–206, title IX, §9009(m), July 22, 1998, 112 Stat. 857; Pub. L. 105–277, div. A, §101(g) [title III, §354], Oct. 21, 1998, 112 Stat. 2681–439, 2681–476; Pub. L. 106–69, title III, §323, Oct. 9, 1999, 113 Stat. 1020, provided that:
“(a)
“(b)
“(1)
“(2)
“(A) an evaluation of the effect of the pilot program on alternative forms of transportation within the State of Oklahoma and the State of Vermont;
“(B) an evaluation of the effect of the program on operators of mass transportation and their passengers;
“(C) a calculation of the amount of Federal assistance provided under this section transferred for the provision of intercity passenger rail service; and
“(D) an estimate of the benefits to intercity passenger rail service, including the number of passengers served, the number of route miles covered, and the number of localities served by intercity passenger rail service.”
Continuation of Operating Assistance to Certain Larger Urbanized Areas
Pub. L. 105–178, title III, §3027(c), June 9, 1998, 112 Stat. 366; as amended by Pub. L. 105–206, title IX, §9009(o)(1), July 22, 1998, 112 Stat. 858; Pub. L. 105–277, div. A, §101(g) [title III, §360], Oct. 21, 1998, 112 Stat. 2681–439, 2681–477; Pub. L. 106–31, title VI, §6004, May 21, 1999, 113 Stat. 113; Pub. L. 106–346, §101(a) [title III, §341], Oct. 23, 2000, 114 Stat. 1356, 1356A–32; Pub. L. 108–199, div. F, title I, §176, Jan. 23, 2004, 118 Stat. 311, provided that:
“(1)
“(A) the number of the total bus revenue vehicle-miles operated in or directly serving the area is less than 900,000; and
“(B) the number of buses operated in or directly serving the area does not exceed 15.
“(2)
“(A) 3 years after the date of enactment of this Act; and
“(B) the date on which the Secretary determines that—
“(i) the number of the total bus revenue vehicle-miles operated in or directly serving the area is greater than or equal to 900,000; and
“(ii) the number of buses operated in or directly serving the area exceeds 15.
“(3)
1 See References in Text note below.
§5308. Clean fuels grant program
(a)
(1)
(A) is powered by—
(i) compressed natural gas;
(ii) liquefied natural gas;
(iii) biodiesel fuels;
(iv) batteries;
(v) alcohol-based fuels;
(vi) hybrid electric;
(vii) fuel cell;
(viii) clean diesel, to the extent allowed under this section; or
(ix) other low or zero emissions technology; and
(B) the Administrator of the Environmental Protection Agency has certified sufficiently reduces harmful emissions.
(2)
(A) means a project in a nonattainment or maintenance area described in paragraph (4)(A) for—
(i) purchasing or leasing clean fuel buses, including buses that employ a lightweight composite primary structure;
(ii) constructing or leasing clean fuel buses or electrical recharging facilities and related equipment for such buses; or
(iii) constructing new or improving existing public transportation facilities to accommodate clean fuel buses; and
(B) at the discretion of the Secretary, may include a project located in a nonattainment or maintenance area described in paragraph (4)(A) relating to clean fuel, biodiesel, hybrid electric, or zero emissions technology buses that exhibit equivalent or superior emissions reductions to existing clean fuel or hybrid electric technologies.
(3)
(4)
(A)
(i) is designated as a nonattainment area for ozone or carbon monoxide under section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)); or
(ii) is a maintenance area for ozone or carbon monoxide.
(B)
(b)
(c)
(d)
(1)
(2)
(e)
(1) shall remain available to a project for 2 years after the fiscal year for which the amount is made available or appropriated; and
(2) that remains unobligated at the end of the period described in paragraph (1) shall be added to the amount made available in the following fiscal year.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 800; Pub. L. 105–178, title III, §3008(a), (c), June 9, 1998, 112 Stat. 348; Pub. L. 105–206, title IX, §9009(f), July 22, 1998, 112 Stat. 855; Pub. L. 109–59, title III, §3010(a), Aug. 10, 2005, 119 Stat. 1572.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5308(a) | 49 App.:1607a–2(b) (words before “and shall be subject to”). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9B(a), (b); added Apr. 2, 1987, Pub. L. 100–17, §313, 101 Stat. 229. |
| 5308(b)(1) | 49 App.:1607a–2(a). | |
| 5308(b)(2) | 49 App.:1607a–2(b) (words after “maintenance items)”). |
In subsection (a), the words “The Secretary of Transportation may make” are added for clarity and consistency in this chapter. The words “the purpose of” are omitted as surplus.
In subsection (b)(1), the cross-reference to 49 App.:1617(b) and (c) is corrected because it no longer is correct because of the restatement of 49 App.:1617 by section 3025 of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102–240, 105 Stat. 2112), restated as section 5338 of the revised title.
In subsection (b)(2), the words “the limitations contained in” and “applicable to such projects” are omitted as surplus.
Amendments
2005—Pub. L. 109–59 substituted “grant program” for “formula grant program” in section catchline and amended text generally. Prior to amendment, text consisted of subsecs. (a) to (g) relating to definitions, authority of Secretary, application for grants, apportionment of funds, additional requirements, and availability of funds.
1998—Pub. L. 105–178, §3008(a), amended section catchline and text generally. Prior to amendment, text read as follows:
“(a)
“(b)
“(2) Sections 5307(e) and 5336(d) of this title apply to grants under this section.”
Subsec. (e)(2). Pub. L. 105–178, §3008(c), as added by Pub. L. 105–206, substituted “35 percent” for “$50,000,000”.
Effective Date of 1998 Amendment
Title IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, and provisions of Pub. L. 105–178, as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105–206 to be treated as not enacted, see section 9016 of Pub. L. 105–206, set out as a note under section 101 of Title 23, Highways.
National Fuel Cell Bus Technology Development Program
Pub. L. 109–59, title III, §3045, Aug. 10, 2005, 119 Stat. 1705, provided that:
“(a)
“(b)
“(c)
“(1) ability to contribute significantly to furthering fuel cell technology as it relates to transit bus operations, including hydrogen production, energy storage, fuel cell technologies, vehicle systems integration, and power electronics technologies;
“(2) financing plan and cost share potential;
“(3) fuel cell technology to ensure that the program advances different fuel cell technologies, including hydrogen-fueled and methanol-powered liquid-fueled fuel cell technologies, that may be viable for public transportation systems; and
“(4) other criteria that the Secretary determines are necessary to carry out the program.
“(d)
“(e)
“(f)
“(1) all terms and conditions applicable to a grant made under section 5309 of title 49, United States Code; and
“(2) such other terms and conditions as are determined by the Secretary.”
Clean Fuel Vehicles
Pub. L. 105–178, title III, §3036, June 9, 1998, 112 Stat. 387, provided that:
“(a)
“(1) the status of the development and use of such technologies;
“(2) the environmental benefits of such technologies under the Clean Air Act [42 U.S.C. 7401 et seq.]; and
“(3) the cost of such technologies and any associated equipment.
“(b)
§5309. Capital investment grants
(a)
(1)
(A) an assessment of a wide range of public transportation alternatives designed to address a transportation problem in a corridor or subarea;
(B) sufficient information to enable the Secretary to make the findings of project justification and local financial commitment required under this section;
(C) the selection of a locally preferred alternative; and
(D) the adoption of the locally preferred alternative as part of the long-range transportation plan required under section 5303.
(2)
(3)
(b)
(1) new fixed guideway capital projects under subsections (d) and (e), including the acquisition of real property, the initial acquisition of rolling stock for the systems, the acquisition of rights-of-way, and relocation, for fixed guideway corridor development for projects in the advanced stages of alternatives analysis or preliminary engineering;
(2) capital projects to modernize existing fixed guideway systems;
(3) capital projects to replace, rehabilitate, and purchase buses and related equipment and to construct bus-related facilities, including programs of bus and bus-related projects for assistance to subrecipients that are public agencies, private companies engaged in public transportation, or private nonprofit organizations; and
(4) the development of corridors to support new fixed guideway capital projects under subsections (d) and (e), including protecting rights-of-way through acquisition, construction of dedicated bus and high occupancy vehicle lanes and park and ride lots, and other nonvehicular capital improvements that the Secretary may decide would result in increased public transportation usage in the corridor.
(c)
(1)
(A) the project is part of an approved transportation plan and program of projects required under sections 5303, 5304, and 5306; and
(B) the applicant has, or will have—
(i) the legal, financial, and technical capacity to carry out the project, including safety and security aspects of the project;
(ii) satisfactory continuing control over the use of the equipment or facilities; and
(iii) the capability and willingness to maintain the equipment or facilities.
(2)
(3)
(d)
(1)
(A)
(B)
(i) is authorized for final design and construction; and
(ii) has been rated as medium, medium-high, or high, in accordance with paragraph (5)(B).
(2)
(A) based on the results of an alternatives analysis and preliminary engineering;
(B) justified based on a comprehensive review of its mobility improvements, environmental benefits, cost effectiveness, operating efficiencies, economic development effects, and public transportation supportive land use policies and future patterns; and
(C) supported by an acceptable degree of local financial commitment (including evidence of stable and dependable financing sources) to construct, maintain, and operate the system or extension, and maintain and operate the entire public transportation system without requiring a reduction in existing public transportation services or level of service to operate the proposed project.
(3)
(A) the results of the alternatives analysis and preliminary engineering for the proposed project;
(B) the reliability of the forecasting methods used to estimate costs and utilization made by the recipient and the contractors to the recipient;
(C) the direct and indirect costs of relevant alternatives;
(D) factors such as—
(i) congestion relief;
(ii) improved mobility;
(iii) air pollution;
(iv) noise pollution;
(v) energy consumption; and
(vi) all associated ancillary and mitigation costs necessary to carry out each alternative analyzed;
(E) reductions in local infrastructure costs and other benefits achieved through compact land use development, such as positive impacts on the capacity, utilization, or longevity of other surface transportation assets and facilities;
(F) the cost of suburban sprawl;
(G) the degree to which the project increases the mobility of the public transportation dependent population or promotes economic development;
(H) population density and current transit ridership in the transportation corridor;
(I) the technical capability of the grant recipient to construct the project;
(J) any adjustment to the project justification necessary to reflect differences in local land, construction, and operating costs; and
(K) other factors that the Secretary determines to be appropriate to carry out this subsection.
(4)
(A)
(i) the proposed project plan provides for the availability of contingency amounts that the Secretary determines to be reasonable to cover unanticipated cost increases;
(ii) each proposed local source of capital and operating financing is stable, reliable, and available within the proposed project timetable; and
(iii) local resources are available to recapitalize and operate the overall proposed public transportation system, including essential feeder bus and other services necessary to achieve the projected ridership levels without requiring a reduction in existing public transportation services or level of service to operate the proposed project.
(B)
(i) the reliability of the forecasting methods used to estimate costs and utilization made by the recipient and the contractors to the recipient;
(ii) existing grant commitments;
(iii) the degree to which financing sources are dedicated to the proposed purposes;
(iv) any debt obligation that exists, or is proposed by the recipient, for the proposed project or other public transportation purpose; and
(v) the extent to which the project has a local financial commitment that exceeds the required non-Federal share of the cost of the project.
(C)
(5)
(A)
(B)
(6)
(A)
(i) not later than 120 days after the date of enactment of the Federal Public Transportation Act of 2005; and
(ii) each time significant changes are made by the Secretary to the process and criteria, but not less frequently than once every 2 years.
(B)
(i) invite public comment to the policy guidance published under subparagraph (A); and
(ii) publish a response to the comments received under clause (i).
(e)
(1)
(A)
(B)
(2)
(A) based on the results of planning and alternatives analysis;
(B) justified based on a review of its public transportation supportive land use policies, cost effectiveness, and effect on local economic development; and
(C) supported by an acceptable degree of local financial commitment.
(3)
(4)
(A) determine the degree to which the project is consistent with local land use policies and is likely to achieve local developmental goals;
(B) determine the cost effectiveness of the project at the time of the initiation of revenue service;
(C) determine the degree to which the project will have a positive effect on local economic development;
(D) consider the reliability of the forecasting methods used to estimate costs and ridership associated with the project; and
(E) consider other factors that the Secretary determines appropriate to carry out this subsection.
(5)
(A)
(B)
(6)
(A)
(B)
(7)
(8)
(9)
(10)
(A) a substantial portion of the project operates in a separate right-of-way dedicated for public transit use during peak hour operations; or
(B) the project represents a substantial investment in a defined corridor as demonstrated by features such as park-and-ride lots, transit stations, bus arrival and departure signage, intelligent transportation systems technology, traffic signal priority, off-board fare collection, advanced bus technology, and other features that support the long-term corridor investment.
(11)
(A)
(B)
(f)
(g)
(1)
(A)
(B)
(2)
(A)
(i) establish the terms of participation by the Government in a project under this section;
(ii) establish the maximum amount of Government financial assistance for the project;
(iii) cover the period of time for completing the project, including a period extending beyond the period of an authorization; and
(iv) make timely and efficient management of the project easier according to the law of the United States.
(B)
(i)
(ii)
(iii)
(iv)
(C)
(i)
(I) describes and analyzes the impacts of the new fixed guideway capital project on transit services and transit ridership;
(II) evaluates the consistency of predicted and actual project characteristics and performance; and
(III) identifies sources of differences between predicted and actual outcomes.
(ii)
(I)
(II)
(aa) the collection of data on the current transit system regarding transit service levels and ridership patterns, including origins and destinations, access modes, trip purposes, and rider characteristics;
(bb) documentation of the predicted scope, service levels, capital costs, operating costs, and ridership of the project;
(cc) collection of data on the transit system 2 years after the opening of the new fixed guideway capital project, including analogous information on transit service levels and ridership patterns and information on the as-built scope and capital costs of the project; and
(dd) analysis of the consistency of predicted project characteristics with the after data.
(D)
(3)
(A)
(i) a full funding grant agreement for the project will be made; and
(ii) the terms of the work agreement will promote ultimate completion of the project more rapidly and at less cost.
(B)
(i)
(ii)
(iii)
(iv)
(4)
(A)
(B)
(C)
(D)
(5)
(h)
(1)
(2)
(3)
(A) the Secretary determines that the net project cost of the project is not more than 10 percent higher than the net project cost estimated at the time the project was approved for advancement into preliminary engineering; and
(B) the ridership estimated for the project is not less than 90 percent of the ridership estimated for the project at the time the project was approved for advancement into preliminary engineering.
(4)
(5)
(6)
(7)
(i)
(1)
(A) the State or local governmental authority applies for the payment;
(B) the Secretary approves the payment; and
(C) before carrying out the part of the project, the Secretary approves the plans and specifications for the part in the same way as other projects under this section.
(2)
(A)
(B)
(C)
(j)
(1)
(2)
(k)
(1)
(A) a proposal of allocations of amounts to be available to finance grants for new fixed guideway capital projects among applicants for these amounts;
(B) evaluations and ratings, as required under subsections (d) and (e), for each such project that is authorized by the Federal Public Transportation Act of 2005; and
(C) recommendations of such projects for funding based on the evaluations and ratings and on existing commitments and anticipated funding levels for the next 3 fiscal years based on information currently available to the Secretary.
(2)
(A) conduct an annual review of—
(i) the processes and procedures for evaluating, rating, and recommending new fixed guideway capital projects; and
(ii) the Secretary's implementation of such processes and procedures; and
(B) report to Congress on the results of such review by May 31 of each year.
(l)
(1)
(2)
(A)
(B)
(i) estimates made at the time projects are approved for entrance into final design;
(ii) costs and ridership when the project commences revenue operation; and
(iii) costs and ridership when the project has been in operation for 2 years.
(C)
(3)
(m)
(1)
(A) $1,437,829,600 shall be allocated for new fixed capital projects under subsection (d);
(B) $1,204,684,800 shall be allocated for capital projects for fixed guideway modernization; and
(C) $669,600,000 shall be allocated for capital projects for buses and bus-related equipment and facilities.
(2)
(A)
(i) $200,000,000 for each of fiscal years 2007 through 2009 shall be allocated for projects for new fixed guideway capital projects of less than $75,000,000 in accordance with subsection (e); and
(ii) the remainder shall be allocated for major new fixed guideway capital projects in accordance with subsection (d).
(B)
(C)
(3)
(4)
(5)
(6)
(A) $10,400,000 shall be available in fiscal year 2005 for capital projects in Alaska and Hawaii for new fixed guideway systems and extension projects utilizing ferry boats, ferry boat terminals, or approaches to ferry boat terminals;
(B) $15,000,000 shall be available in each of fiscal years 2006 through 2009 for capital projects in Alaska and Hawaii for new fixed guideway ferry systems and extension projects utilizing ferry boats, ferry boat terminals, or approaches to ferry boat terminals; and
(C) $5,000,000 shall be available for each of fiscal years 2006 though 2009 for payments to the Denali Commission under the terms of section 307(e) of the Denali Commission Act of 1998 (42 U.S.C. 3121 note) for docks, waterfront development projects, and related transportation infrastructure.
(7)
(A)
(i) $2,500,000 for the San Francisco Water Transit Authority.
(ii) $2,500,000 for the Massachusetts Bay Transportation Authority Ferry System.
(iii) $1,000,000 for the Camden, New Jersey Ferry System.
(iv) $1,000,000 for the Governor's Island, New York Ferry System 2
(v) $1,000,000 for the Philadelphia Penn's Landing Ferry Terminal.
(vi) $1,000,000 for the Staten Island Ferry.
(vii) $650,000 for the Maine State Ferry Service, Rockland.
(viii) $350,000 for the Swans Island, Maine Ferry Service.
(B)
(i) $11,250,000 for fiscal year 2006.
(ii) $11,500,000 for fiscal year 2007.
(iii) $12,750,000 for fiscal year 2008.
(iv) $13,500,000 for fiscal year 2009.
(C)
(D)
(E)
(8)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 800; Pub. L. 104–287, §5(9), (12), Oct. 11, 1996, 110 Stat. 3389; Pub. L. 102–240, title III, §3049(a), as added Pub. L. 105–130, §8, Dec. 1, 1997, 111 Stat. 2559; Pub. L. 105–178, title III, §3009(a), (c)–(h)(1), (3)(D), (i)–(k), June 9, 1998, 112 Stat. 352–357; Pub. L. 105–206, title IX, §9009(g), (h)(3), July 22, 1998, 112 Stat. 855, 856; Pub. L. 106–69, title III, §347, Oct. 9, 1999, 113 Stat. 1024; Pub. L. 106–346, §101(a) [title III, §380], Oct. 23, 2000, 114 Stat. 1356, 1356A–42; Pub. L. 106–554, §1(a)(4) [div. A, §1101], Dec. 21, 2000, 114 Stat. 2763, 2763A–201; Pub. L. 108–88, §8(a), Sept. 30, 2003, 117 Stat. 1121; Pub. L. 108–202, §9(a), Feb. 29, 2004, 118 Stat. 484; Pub. L. 108–224, §7(a), Apr. 30, 2004, 118 Stat. 632; Pub. L. 108–263, §7(a), June 30, 2004, 118 Stat. 704; Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814; Pub. L. 108–280, §7(a), July 30, 2004, 118 Stat. 882; Pub. L. 108–310, §8(a), Sept. 30, 2004, 118 Stat. 1154; Pub. L. 109–14, §7(a), May 31, 2005, 119 Stat. 330; Pub. L. 109–20, §7(a), July 1, 2005, 119 Stat. 352; Pub. L. 109–35, §7(a), July 20, 2005, 119 Stat. 386; Pub. L. 109–37, §7(a), July 22, 2005, 119 Stat. 401; Pub. L. 109–40, §7(a), July 28, 2005, 119 Stat. 417; Pub. L. 109–59, title III, §3011(a), Aug. 10, 2005, 119 Stat. 1573.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5309(a) (1)–(5) | 49 App.:1602(a)(1)(A). | July 9, 1964, Pub. L. 88–365, §3(a)(1)(A), 78 Stat. 303; May 25, 1967, Pub. L. 90–19, §20(a), 81 Stat. 25; Oct. 15, 1970, Pub. L. 91–453, §2(2), 84 Stat. 962; Nov. 26, 1974, Pub. L. 93–503, §§102, 104, 106, 88 Stat. 1566, 1571, 1572; Nov. 6, 1978, Pub. L. 95–599, §302(a), 92 Stat. 2735; Jan. 6, 1983, Pub. L. 97–424, §313, 96 Stat. 2152. |
| 49 App.:1602(a)(1)(B), (C), (D) (1st, 3d sentences). | July 9, 1964, Pub. L. 88–365, §3(a)(1)(B)–(D), (2)(B), (3), 78 Stat. 303; May 25, 1967, Pub. L. 90–19, §20(a), 81 Stat. 25; Oct. 15, 1970, Pub. L. 91–453, §2(2), 84 Stat. 962; Nov. 26, 1974, Pub. L. 93–503, §§102, 104, 106, 88 Stat. 1566, 1571, 1572; restated Nov. 6, 1978, Pub. L. 95–599, §302(a), 92 Stat. 2735, 2736. | |
| 5309(a)(6) | 49 App.:1602(a)(1)(E). | July 9, 1964, Pub. L. 88–365, §3(a)(1)(E), 78 Stat. 303; May 25, 1967, Pub. L. 90–19, §20(a), 81 Stat. 25; Oct. 15, 1970, Pub. L. 91–453, §2(2), 84 Stat. 962; Nov. 26, 1974, Pub. L. 93–503, §§102, 104, 106, 88 Stat. 1566, 1571, 1572; Nov. 6, 1978, Pub. L. 95–599, §302(a), 92 Stat. 2736; restated Dec. 18, 1991, Pub. L. 102–240, §3006(a), 105 Stat. 2089. |
| 5309(a)(7) | 49 App.:1602(a)(1)(F). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §3(a)(1)(F); added Dec. 18, 1991, Pub. L. 102–240, §3006(b), 105 Stat. 2089. |
| 5309(b)(1) | 49 App.:1602(b) (1st sentence). | July 9, 1964, Pub. L. 88–365, §3(b), 78 Stat. 303; May 25, 1967, Pub. L. 90–19, §20(a), 81 Stat. 25; restated Oct. 15, 1970, Pub. L. 91–453, §2(2), 84 Stat. 963; Nov. 6, 1978, Pub. L. 95–599, §302(b), 92 Stat. 2737. |
| 5309(b)(2) | 49 App.:1602(a)(2)(B). | |
| 5309(b)(3) | 49 App.:1602(b) (8th, last sentences). | |
| 5309(b)(4), (5) | 49 App.:1602(b) (2d–6th sentences). | |
| 5309(c) | 49 App.:1602(a)(5). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §3(a)(5); added Jan. 6, 1983, Pub. L. 97–424, §304(b), 96 Stat. 2149. |
| 5309(d) | 49 App.:1602(a)(2)(A). | July 9, 1964, Pub. L. 88–365, §3(a)(2)(A), 78 Stat. 303; May 25, 1967, Pub. L. 90–19, §20(a), 81 Stat. 25; Oct. 15, 1970, Pub. L. 91–453, §2(2), 84 Stat. 962; Nov. 26, 1974, Pub. L. 93–503, §§102, 104, 106, 88 Stat. 1566, 1571, 1572; Nov. 6, 1978, Pub. L. 95–599, §302(a), 92 Stat. 2736; Jan. 6, 1983, Pub. L. 97–424, §304(a), 96 Stat. 2149; restated Apr. 2, 1987, Pub. L. 100–17, §309(e), 101 Stat. 227. |
| 49 App.:1602(a)(3). | ||
| 5309(e)(1) | 49 App.:1602 (note). | Apr. 2, 1987, Pub. L. 100–17, §303(b), 101 Stat. 223. |
| 5309(e) (2)–(7) | 49 App.:1602(i). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §3(i); added Apr. 2, 1987, Pub. L. 100–17, §303(a), 101 Stat. 223; restated Dec. 18, 1991, Pub. L. 102–240, §3010, 105 Stat. 2093. |
| 5309(f)(1) | 49 App.:1602(a)(1)(D) (last sentence). | |
| 5309(f)(2) | 49 App.:1602(a)(1)(D) (2d sentence). | |
| 5309(g) | 49 App.:1602(a)(4). | July 9, 1964, Pub. L. 88–365, §3(a)(4), 78 Stat. 303; May 25, 1967, Pub. L. 90–19, §20(a), 81 Stat. 25; Oct. 15, 1970, Pub. L. 91–453, §2(2), 84 Stat. 962; Nov. 26, 1974, Pub. L. 93–503, §§102, 104, 106, 88 Stat. 1566, 1571, 1572; restated Nov. 6, 1978, Pub. L. 95–599, §302(a), 92 Stat. 2736; Jan. 6, 1983, Pub. L. 97–424, §305, 96 Stat. 2150; Apr. 2, 1987, Pub. L. 100–17, §302, 101 Stat. 223; Dec. 18, 1991, Pub. L. 102–240, §3007, 105 Stat. 2090. |
| 5309(h) | 49 App.:1603(a). | July 9, 1964, Pub. L. 88–365, §4(a), 78 Stat. 304; May 25, 1967, Pub. L. 90–19, §20(a), 81 Stat. 25; Aug. 1, 1968, Pub. L. 90–448, §704(a), 82 Stat. 535; Oct. 15, 1970, Pub. L. 91–453, §3(a), 84 Stat. 965; Aug. 13, 1973, Pub. L. 93–87, §301(a), 87 Stat. 295; Nov. 26, 1974, Pub. L. 93–503, §103(b), 88 Stat. 1571; Nov. 6, 1978, Pub. L. 95–599, §303(b), 92 Stat. 2737; Jan. 6, 1983, Pub. L. 97–424, §302(b), 96 Stat. 2141; Dec. 18, 1991, Pub. L. 102–240, §3006(f), (g), 105 Stat. 2089. |
| 5309(i) | 49 App.:1602(c) (2d, last sentences). | July 9, 1964, Pub. L. 88–365, §3(c), 78 Stat. 303; May 25, 1967, Pub. L. 90–19, §20(a), 81 Stat. 25; restated Oct. 15, 1970, Pub. L. 91–453, §2(2), 84 Stat. 964. |
| 5309(j) | 49 App.:1602(b) (7th sentence). | |
| 5309(k) | 49 App.:1602(c) (1st sentence). | |
| 5309(l) | 49 App.:1603(d). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §4(d); added Dec. 18, 1991, Pub. L. 102–240, §3006(h)(2), 105 Stat. 2090. |
| 5309(m)(1) | 49 App.:1602(k)(1). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §3(k)(1); added Apr. 2, 1987, Pub. L. 100–17, §305, 101 Stat. 224; restated Dec. 18, 1991, Pub. L. 102–240, §3006(d)(1), 105 Stat. 2089. |
| 5309(m)(2) | 49 App.:1602(k)(3). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §3(k)(3); added Dec. 18, 1991, Pub. L. 102–240, §3006(d)(2), 105 Stat. 2089. |
| 5309(m)(3) | 49 App.:1602(j). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §3(j); added Apr. 2, 1987, Pub. L. 100–17, §304, 101 Stat. 223. |
| 5309(m)(4) | 49 App.:1602(k)(2). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §3(k)(2); added Apr. 2, 1987, Pub. L. 100–17, §305, 101 Stat. 224. |
| 5309(n) | 49 App.:1602(l). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §3(l); added Apr. 2, 1987, Pub. L. 100–17, §306(a), 101 Stat. 224; Dec. 18, 1991, Pub. L. 102–240, §3006(e), 105 Stat. 2089. |
| 5309(o) | 49 App.:1602(n). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §3(n); added Oct. 6, 1992, Pub. L. 102–388, §502(d), 106 Stat. 1566. |
In subsection (a), before clause (1), the words “in accordance with the provisions of this chapter” are omitted as surplus. The words “and on such terms and conditions as the Secretary may prescribe” and 49 App.:1602(a)(1)(D) (3d sentence) are omitted as unnecessary because of section 5334(a) of the revised title and 49:322(a). The words “(directly, through the purchase of securities or equipment trust certificates, or otherwise)” and “and agencies thereof” are omitted as surplus. In clause (1), the word “detailed” is omitted as surplus. In clause (2), the words “capital projects” are substituted for “the acquisition, construction, reconstruction, and improvement of facilities and equipment for use, by operation or lease or otherwise, in mass transportation service” for clarity and consistency in this section. The words “Eligible facilities and equipment may include personal property such as buses and other rolling stock, and rail and bus facilities, and real” are omitted as surplus. The text of 49 App.:1602(a)(1)(B) (last sentence) is omitted as obsolete because former 49 App.:1604(a)(4) is executed and is not included in this restatement. In clause (3), the words “the capital costs of” are added for clarity and consistency in this section. The words “highway and” are omitted as surplus.
In subsection (b)(1), the word “finance” is omitted as surplus.
In subsection (b)(2), the words “for real property acquisition” are omitted as surplus. The words “for an approved project” are added for clarity and consistency. The words “which shall be in lieu of the determination required by subparagraph (A)”, “real”, and “connection with” are omitted as surplus.
In subsection (b)(3), the word “comprehensive” is omitted as surplus. The words “by the project” are added for clarity. The words “a period of” and “longer” are omitted as surplus.
In subsection (b)(4), the words “a period not exceeding” and “Each agreement shall provide that” are omitted as surplus. The words “shall be made within the 10-year period” are substituted for “shall not be later than 10 years following the fiscal year in which the agreement is made” to eliminate unnecessary words. The words “if any, over the original cost of the real property” are omitted as surplus. The words “deposit in” are substituted for “credit to” for consistency in the revised title and with other titles of the United States Code.
In subsection (b)(5), the word “actual” is omitted as surplus. The words “deposited in” are substituted for “credited to” for consistency in the revised title and with other titles of the Code.
In subsection (c), before clause (1), the words “grant or loan” are substituted for “assistance” for consistency in the revised section. In clause (1), the words “rail carrier” are substituted for “railroad” for consistency in the revised title and with other titles of the Code.
In subsection (d), before clause (1), the words “Except as provided in subsections (b)(2) and (e) of this section” are added for clarity. In clause (1), the words “through operation or lease or otherwise” are omitted as surplus.
In subsection (e)(2), before clause (A), the word “existing” is added for clarity and consistency.
In subsection (e)(6)(C), the words “Part A of title I of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102–240, 105 Stat. 1915)” are substituted for “the Federal-Aid Highway Act of 1991” because the Federal-Aid Highway Act of 1991 was title I of H.R. 1531, that was not enacted into law but contained predecessor provisions to Part A of title I of H.R. 2950, enacted into law as the Intermodal Surface Transportation Efficiency Act of 1991.
In subsection (f)(1), the words “or entity” are omitted as surplus.
In subsection (f)(2), before clause (A), the words “for a project under subsection (a)(5) of this section” are added for clarity. In clause (B), the words “whether publicly or privately owned” are omitted as surplus.
In subsection (g)(1)(A), the words “The letter shall be regarded as an intention to obligate” are omitted as surplus.
In subsection (g)(1)(D), the words “pursuant to such a letter of intent” are omitted as surplus.
In subsection (g)(2)(A)(i), the words “and conditions” are omitted as being included in “terms”.
In subsection (g)(4), the word “issued” is omitted as surplus. The text of 49 App.:1602(a)(4)(E) (3d sentence) is omitted as executed. The text of 49 App.:1602(a)(4)(E) (4th and last sentences) is omitted as obsolete.
In subsection (h), the words “nature and extent of” are omitted as surplus. The words “net project cost” are substituted for “what portion of the cost of a project to be assisted under section 1602 of this Appendix cannot be reasonably financed from revenues—which portion shall hereinafter be called ‘net project cost’ ” because of the definition of “net project cost” in section 5302(a) of the revised title. The words “Except as provided in paragraph (2) of this subsection” are added for clarity. The words “Such remainder may be provided in whole or in part from other than public sources and any public or private”, “solely”, and “at any time” are omitted as surplus. The words “shall be deemed” are omitted as unnecessary since the text is a statement of a legal conclusion.
In subsection (i), before clause (1), the words “Except for a loan under subsection (b) of this section” are added for clarity. The words “made under this section” and “at a rate” are omitted as surplus. In clause (1), the word “market” is omitted as surplus. In clause (2), the words “under the program” are omitted as surplus.
In subsection (j), the words “loan and interest” are substituted for “principal and accrued interest on the loan then outstanding” to eliminate unnecessary words.
In subsection (m)(1)(B) and (3), the word “existing” is added for clarity and consistency.
In subsection (m)(1), before clause (A), the words “Subject to paragraph (3)” are omitted as surplus. The reference to fiscal year 1992 is omitted as obsolete.
In subsection (m)(3), before clause (A), the words “Not later than 30 days after April 2, 1987” are omitted as executed. The words “prepare and” are omitted as surplus. The text of 49 App.:1602(j)(1) is omitted as obsolete because 49 App.:1602(k)(1) was restated by section 3006(d)(1) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102–240, 105 Stat. 2089) and clause (D) was not carried forward.
In subsection (m)(4), the text of 49 App.:1602(k)(2)(B) is omitted as expired.
In subsection (n)(2), the words “Subject to the provisions of this paragraph”, “the Federal share of which the Secretary is authorized to pay under this subsection”, and “actually” are omitted as surplus.
Pub. L. 104–287, §5(12)(A)
This amends 49:5309(a) to clarify the restatement of 49 App.:1602(a)(1) by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 800).
Pub. L. 104–287, §5(12)(B)
This amends 49:5309(e)(4)(B) to correct an erroneous cross-reference.
Pub. L. 104–287, §5(12)(C)
This amends 49:5309(m)(1)(A) to make a conforming amendment.
References in Text
The date of enactment of the Federal Public Transportation Act of 2005, referred to in subsecs. (d)(6)(A)(i), (e)(9), (11)(A), (f), (h)(7), and (l)(2)(A), (3), is the date of enactment of title III of Pub. L. 109–59, which was approved Aug. 10, 2005.
The National Environmental Policy Act of 1969, referred to in subsec. (g)(3)(A), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, as amended, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.
Section 3032(g)(2) of the Intermodal Surface Transportation Efficiency Act of 1991, referred to in subsec. (g)(4)(C), is section 3032(g)(2) of Pub. L. 102–240, title III, Dec. 18, 1991, 105 Stat. 2125, which is not classified to the Code.
The Federal Public Transportation Act of 2005, referred to in subsec. (k)(1)(B), is title III of Pub. L. 109–59, Aug. 10, 2005, 119 Stat. 1544. For complete classification of this Act to the Code, see Short Title of 2005 Amendment note set out under section 5101 of this title and Tables.
Section 307(e) of the Denali Commission Act of 1998, referred to in subsec. (m)(6)(C), is section 307(e) of title III of div. C of Pub. L. 105–277, which is set out as a note under section 3121 of Title 42, The Public Health and Welfare.
Section 3039 of the Federal Public Transportation Act of 2005, referred to in subsec. (m)(7)(B), probably means section 3045 of Pub. L. 109–59, which relates to a national fuel cell bus technology development program and is set out as a note under section 5308 of this title.
Amendments
2005—Pub. L. 109–59 amended section catchline and text generally. Prior to amendment, text consisted of subsecs. (a) to (p) providing for grants and loans to assist State and local governmental authorities in financing capital projects related to fixed guideway systems, capital projects needed for an efficient and coordinated mass transportation system, the capital costs of coordinating mass transportation with other transportation, the introduction of new technology, and mass transportation projects to meet the special needs of elderly individuals and individuals with disabilities.
Subsec. (m)(1). Pub. L. 109–40, §7(a)(1), substituted “July 30, 2005” for “July 27, 2005” in introductory provisions.
Pub. L. 109–37, §7(a)(1), substituted “July 27, 2005” for “July 21, 2005” in introductory provisions.
Pub. L. 109–35, §7(a)(1), substituted “July 21, 2005” for “July 19, 2005” in introductory provisions.
Pub. L. 109–20, §7(a)(1), substituted “July 19, 2005” for “June 30, 2005” in introductory provisions.
Pub. L. 109–14, §7(a)(1), substituted “June 30, 2005” for “May 31, 2005” in introductory provisions.
Subsec. (m)(2)(B)(iii). Pub. L. 109–40, §7(a)(2), substituted “
Pub. L. 109–37, §7(a)(2), substituted “
Pub. L. 109–35, §7(a)(2), substituted “
Pub. L. 109–20, §7(a)(2), substituted “
Pub. L. 109–14, §7(a)(2), substituted “
Subsec. (m)(3)(B). Pub. L. 109–40, §7(a)(3), substituted “$2,470,000” for “$2,465,754” and “July 30, 2005” for “July 27, 2005”.
Pub. L. 109–37, §7(a)(3), substituted “$2,465,754” for “$2,430,000” and “July 27, 2005” for “July 21, 2005”.
Pub. L. 109–35, §7(a)(3), substituted “$2,430,000” for “$2,400,000” and “July 21, 2005” for “July 19, 2005”.
Pub. L. 109–20, §7(a)(3), substituted “$2,400,000” for “$2,250,000” and “July 19, 2005” for “June 30, 2005”.
Pub. L. 109–14, §7(a)(3), substituted “$2,250,000” for “$2,000,000” and “June 30, 2005” for “May 31, 2005”.
Subsec. (m)(3)(C). Pub. L. 109–40, §7(a)(4), substituted “$41,506,850” for “$41,095,900” and “July 30, 2005” for “July 27, 2005”.
Pub. L. 109–37, §7(a)(4), substituted “$41,095,900” for “$40,500,000” and “July 27, 2005” for “July 21, 2005”.
Pub. L. 109–35, §7(a)(4), substituted “$40,500,000” for “$40,000,000” and “July 21, 2005” for “July 19, 2005”.
Pub. L. 109–20, §7(a)(4), substituted “$40,000,000” for “$37,500,000” and “July 19, 2005” for “June 30, 2005”.
Pub. L. 109–14, §7(a)(4), substituted “$37,500,000” for “$33,333,333” and “June 30, 2005” for “May 31, 2005”.
2004—Subsec. (m)(1). Pub. L. 108–310, §8(a)(1), inserted “and for the period of October 1, 2004, through May 31, 2005” after “2004” in introductory provisions.
Pub. L. 108–280, §7(a)(1)(A), struck out “2003 and for the period of October 1, 2003, through July 31,” before “2004” in introductory provisions.
Pub. L. 108–263, §7(a)(1)(A), substituted “July 31, 2004” for “June 30, 2004” in introductory provisions.
Pub. L. 108–224, §7(a)(1)(A), substituted “June 30, 2004” for “April 30, 2004” in introductory provisions.
Pub. L. 108–202, §9(a)(1)(A), substituted “April 30, 2004” for “February 29, 2004” in introductory provisions.
Subsec. (m)(1)(A). Pub. L. 108–280, §7(a)(1)(B), substituted “, except for fiscal year 2004 during which $1,206,506,000 will be available” for “, except for the period beginning on October 1, 2003, and ending on July 31, 2004, during which $999,489,679 will be available”.
Pub. L. 108–263, §7(a)(1)(A), (B), substituted “July 31, 2004” for “June 30, 2004” and “$999,489,679” for “$899,540,711”.
Pub. L. 108–224, §7(a)(1)(B), substituted “June 30, 2004, during which $899,540,711 will be available” for “April 30, 2004, during which $699,642,775 will be available”.
Pub. L. 108–202, §9(a)(1)(B), inserted “, except for the period beginning on October 1, 2003, and ending on April 30, 2004, during which $699,642,775 will be available” after “modernization”.
Subsec. (m)(1)(B). Pub. L. 108–280, §7(a)(1)(C), substituted “, except for fiscal year 2004 during which $1,323,794,000 will be available” for “, except for the period beginning on October 1, 2003, and ending on July 31, 2004, during which $1,096,653,013 will be available”.
Pub. L. 108–263, §7(a)(1)(A), (C), substituted “July 31, 2004” for “June 30, 2004” and “$1,096,653,013” for “$986,987,712”.
Pub. L. 108–224, §7(a)(1)(C), substituted “June 30, 2004, during which $986,987,712 will be available” for “April 30, 2004, during which $767,657,109 will be available”.
Pub. L. 108–202, §9(a)(1)(C), inserted “, except for the period beginning on October 1, 2003, and ending on April 30, 2004, during which $767,657,109 will be available” before the semicolon.
Subsec. (m)(1)(C). Pub. L. 108–280, §7(a)(1)(D), substituted “, except for fiscal year 2004 during which $607,200,000 will be available” for “, except for the period beginning on October 1, 2003, and ending on July 31, 2004, during which $503,014,600 will be available”.
Pub. L. 108–263, §7(a)(1)(A), (D), substituted “July 31, 2004” for “June 30, 2004” and “$503,014,600” for “$452,713,140”.
Pub. L. 108–224, §7(a)(1)(D), which directed the amendment of subpar. (C) without providing closing quotation marks designating the provisions to be inserted, was executed by substituting “2003, and ending on June 30, 2004, during which $452,713,140 will be available” for “2003 and ending on April 30, 2004, during which $352,110,220 will be available”, to reflect the probable intent of Congress.
Pub. L. 108–202, §9(a)(1)(D), inserted “, except for the period beginning on October 1, 2003 and ending on April 30, 2004, during which $352,110,220 will be available” after “facilities”.
Subsec. (m)(2)(B)(i). Pub. L. 108–280, §7(a)(2)(A), substituted “2004” for “2003”.
Subsec. (m)(2)(B)(iii). Pub. L. 108–310, §8(a)(2), added cl. (iii).
Pub. L. 108–280, §7(a)(2)(B), struck out heading and text of cl. (iii). Text read as follows: “Of the amounts made available under paragraph (1)(B), $8,615,533 shall be available for the period beginning on October 1, 2003, and ending on July 31, 2004, for capital projects described in clause (i).”
Pub. L. 108–263, §7(a)(2), inserted cl. (iii) and struck out heading and text of former cl. (iii). Prior to amendment, text read as follows: “Of the amounts made available under paragraph (1)(B), $7,753,980 shall be available for the period beginning on October 1, 2003, and ending on June 30, 2004, for capital projects described in clause (i).”
Pub. L. 108–224, §7(a)(2), amended heading and text of cl. (iii) generally. Prior to amendment, text read as follows: “Of the amounts made available under paragraph (1)(B), $6,066,667 shall be available for the period beginning on October 1, 2003, and ending on April 30, 2004, for capital projects described in clause (i).”
Pub. L. 108–202, §9(a)(2), amended heading and text of cl. (iii) generally. Prior to amendment, text read as follows: “Of the amounts made available under paragraph (1)(B), $4,333,333 shall be available for the period of October 1, 2003, through February 29, 2004, for capital projects described in clause (i).”
Subsec. (m)(3)(B). Pub. L. 108–310, §8(a)(3), inserted “(and $2,000,000 shall be available for the period October 1, 2004, through May 31, 2005)” after “2004”.
Pub. L. 108–280, §7(a)(3), substituted “2004” for “2003 (and $2,485,250 shall be available for the period October 1, 2003, through July 31, 2004)”.
Pub. L. 108–263, §7(a)(3), substituted “$2,485,250” for “$2,236,725” and “July 31, 2004” for “June 30, 2004”.
Pub. L. 108–224, §7(a)(3), substituted “$2,236,725” for “$1,750,000” and “June 30, 2004” for “April 30, 2004”.
Pub. L. 108–202, §9(a)(3), substituted “$1,750,000” for “$1,250,000” and “April 30, 2004” for “February 29, 2004”.
Subsec. (m)(3)(C). Pub. L. 108–310, §8(a)(4), inserted “, and $33,333,333 shall be available for the period October 1, 2004, through May 31, 2005,” after “2004)”.
Pub. L. 108–280, §7(a)(4), substituted “1999 through 2004” for “1999 through 2003”, “$50,000,000” for “$41,420,833”, and “fiscal year 2004” for “the period October 1, 2003, through July 31, 2004”.
Pub. L. 108–263, §7(a)(4), substituted “$41,420,833” for “$37,278,750” and “July 31, 2004” for “June 30, 2004”.
Pub. L. 108–224, §7(a)(4), substituted “$37,278,750” for “$28,994,583” and “June 30, 2004” for “April 30, 2004”.
Pub. L. 108–202, §9(a)(4), substituted “$28,994,583 shall be transferred to and administered under section 5309 for buses and bus facilities” for “$20,833,334 shall be available” and “April 30, 2004” for “February 29, 2004”.
Subsec. (o)(3). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office” in introductory provisions.
2003—Subsec. (m)(1). Pub. L. 108–88, §8(a)(1), inserted “and for the period of October 1, 2003, through February 29, 2004” after “2003”.
Subsec. (m)(2)(B). Pub. L. 108–88, §8(a)(2), added cl. (iii).
Subsec. (m)(3)(B). Pub. L. 108–88, §8(a)(3), inserted “(and $1,250,000 shall be available for the period October 1, 2003, through February 29, 2004)” after “2003”.
Subsec. (m)(3)(C). Pub. L. 108–88, §8(a)(4), inserted “(and $20,833,334 shall be available for the period October 1, 2003, through February 29, 2004)” after “2003”.
2000—Subsec. (g)(4). Pub. L. 106–346 designated existing provisions as subpar. (A) and added subpars. (B) to (G).
Subsec. (g)(4)(D)(2). Pub. L. 106–554 struck out “light” before “rail extension”.
1999—Subsec. (g)(1)(B). Pub. L. 106–69 inserted “and the House and Senate Committees on Appropriations” after “Committee on Banking, Housing, and Urban Affairs of the Senate”.
1998—Pub. L. 105–178, §3009(a), substituted “Capital investment” for “Discretionary” in section catchline.
Subsec. (a)(1)(E) to (H). Pub. L. 105–178, §3009(c), added subpars. (E) and (F), redesignated former subpars. (F) and (G) as (G) and (H), respectively, and struck out former subpar. (E) which read as follows: “transportation projects that enhance urban economic development or incorporate private investment, including commercial and residential development, because the projects—
“(i) enhance the effectiveness of a mass transportation project and are related physically or functionally to that mass transportation project; or
“(ii) establish new or enhanced coordination between mass transportation and other transportation;”.
Subsec. (c). Pub. L. 105–178, §3009(d), amended subsec. (c) generally, substituting “[Reserved.]” for former heading and text which read as follows:
“(c)
“(1) owned by a rail carrier subject to reorganization under title 11; and
“(2) used to provide commuter rail transportation.”
Subsec. (e). Pub. L. 105–178, §3009(k)(1), as added by Pub. L. 105–206, §9009(g), in par. (3)(C), substituted “suburban sprawl” for “urban sprawl”, and in par. (6), substituted “or ‘not recommended’, based” for “or not ‘recommended’, based” in second sentence and inserted “of the” before “criteria established” in last sentence.
Pub. L. 105–178, §3009(e), reenacted heading without change and amended text of subsec. (e) generally. Prior to amendment, subsec. (e) related to, in par. (1), applicability of subsection to projects, in par. (2), approval of grants or loans for capital projects, in par. (3), criteria for making approval decisions, in par. (4), issuance of guidelines on evaluation of alternatives, project justification, and degree of local financial commitment, in par. (5), advancement of project from alternatives analysis to preliminary engineering, in par. (6), exemptions from requirements of subsection, and in par. (7), requirement of full financing agreement.
Subsec. (f). Pub. L. 105–178, §3009(h)(1), amended subsec. (f) generally, substituting “[Reserved.]” for former heading and text which read as follows:
“(f)
“(2) Eligible costs for a project under subsection (a)(5) of this section—
“(A) include property acquisition, demolition of existing structures, site preparation, utilities, building foundations, walkways, open space, and a capital project for, and improving, equipment or a facility for an intermodal transfer facility or transportation mall; but
“(B) do not include construction of a commercial revenue-producing facility or a part of a public facility not related to mass transportation.”
Subsec. (g). Pub. L. 105–178, §3009(f)(1), substituted “Funding” for “Financing” in heading.
Subsec. (g)(1)(B). Pub. L. 105–178, §3009(f)(3), substituted “At least 60 days” for “At least 30 days” and “letter or agreement. The Secretary shall include with the notification a copy of the proposed letter or agreement as well as the evaluations and ratings for the project” for “issuance of the letter” and inserted “or entering into a full funding grant agreement” after “subparagraph (A) of this paragraph”.
Subsec. (g)(2)(A), (B), (3)(A)(i). Pub. L. 105–178, §3009(f)(2), substituted “full funding” for “full financing”.
Subsec. (g)(4). Pub. L. 105–178, §3009(k)(2), as added by Pub. L. 105–206, §9009(g), substituted “5338(b) of this title for new fixed guideway systems and extensions to existing fixed guideway systems and the amount appropriated under section 5338(h)(5) or an amount equivalent to the last 2 fiscal years of funding authorized under section 5338(b) for new fixed guideway systems and extensions to existing fixed guideway systems” for “5338(a) of this title to carry out this section or an amount equivalent to the total authorizations under section 5338(b) for new fixed guideway systems and extensions to existing fixed guideway systems for fiscal years 2002 and 2003”.
Pub. L. 105–178, §3009(f)(2), (4), substituted “full funding” for “full financing” before “grant agreements” in two places and “an amount equivalent to the total authorizations under section 5338(b) for new fixed guideway systems and extensions to existing fixed guideway systems for fiscal years 2002 and 2003” for “50 percent of the uncommitted cash balance remaining in the Mass Transit Account of the Highway Trust Fund (including amounts received from taxes and interest earned that are more than amounts previously obligated)”.
Subsec. (m). Pub. L. 105–178, §3009(k)(3), as added by Pub. L. 105–206, §9009(g), substituted “5338(b)” for “5338” in introductory provisions of par. (1), added par. (2) and struck out former par. (2) relating to limitation on amounts available for activities other than final design and construction, redesignated par. (4) as (3)(C), added pars. (3)(D) and (4), and struck out par. (5) relating to funding for ferry boat systems.
Pub. L. 105–178, §3009(g), reenacted heading without change and amended text of subsec. (m) generally, substituting provisions allocating amounts for fiscal years 1998 to 2003 for provisions allocating amounts for each fiscal year ending Sept. 30 from 1993 to 1997 and for period of Oct. 1, 1997 to Mar. 31, 1998.
Subsec. (n)(2). Pub. L. 105–178, §3009(h)(3)(D), as added by Pub. L. 105–206, §9009(h)(3), substituted “in a manner satisfactory” for “in a way satisfactory”.
Subsec. (o). Pub. L. 105–178, §3009(i), added subsec. (o) relating to reports.
Subsec. (p). Pub. L. 105–178, §3009(j), added subsec. (p).
1997—Subsec. (m)(1). Pub. L. 102–240, §3049(a), as added by Pub. L. 105–130, inserted “, and for the period of October 1, 1997, through March 31, 1998” after “1997”.
1996—Subsec. (a). Pub. L. 104–287, §5(12)(A), designated existing provisions as par. (1), redesignated former pars. (1) to (7) as subpars. (A) to (G) of par. (1), respectively, and former subpars. (A) and (B) of par. (5) as subcls. (i) and (ii) of subpar. (E), respectively, and added par. (2).
Subsec. (e)(4)(B). Pub. L. 104–287, §5(12)(B), substituted “paragraph (2)” for “paragraph (1)(B)”.
Subsec. (g)(1)(B). Pub. L. 104–287, §5(9), substituted “Transportation and Infrastructure” for “Public Works and Transportation”.
Subsec. (m)(1)(A). Pub. L. 104–287, §5(12)(C), inserted “rail” before “fixed guideway modernization”.
Subsec. (m)(3). Pub. L. 104–287, §5(9), substituted “Transportation and Infrastructure” for “Public Works and Transportation”.
Effective Date of 1998 Amendment
Title IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, and provisions of Pub. L. 105–178, as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105–206 to be treated as not enacted, see section 9016 of Pub. L. 105–206, set out as a note under section 101 of Title 23, Highways.
Effective Date of 1996 Amendment
Amendment by section 5(12) of Pub. L. 104–287 effective July 5, 1994, see section 8(1) of Pub. L. 104–287, set out as a note under section 5303 of this title.
Public-Private Partnership Pilot Program
Pub. L. 109–59, title III, §3011(c), Aug. 10, 2005, 119 Stat. 1588, provided that:
“(1)
“(2)
“(3)
“(A) An identification of the new fixed guideway capital project that has not entered into a full funding grant agreement or project construction grant agreement with the Federal Transit Administration.
“(B) A schedule and finance plan for the construction of and operation of the proposed project.
“(C) An analysis of the costs, benefits, and efficiencies of the proposed public-private partnership agreement.
“(4)
“(A) State and local laws permit public-private agreements for all phases of project development, construction, and operation of the project;
“(B) the recipient is unable to advance the project due to fiscal constraints; and
“(C) the plan implementing the public-private partnership is justified.
“(5)
“(6)
Report to Congress on Use of Funds Under Pub. L. 105–178
Pub. L. 105–200, title IV, §403(b), July 16, 1998, 112 Stat. 670, provided that: “Not later than 2 years after the date of the enactment of this Act [July 16, 1998], the Secretary of Transportation, in consultation with the Secretary of Health and Human Services, shall submit to the Committees on Ways and Means and on Transportation and Infrastructure of the House of Representatives and the Committees on Finance and on Environment and Public Works of the Senate a report that—
“(1) describes the manner in which funds made available under section 3037 of the Transportation Equity Act for the 21st Century [Pub. L. 105–178, set out as a note below] have been used;
“(2) describes whether such uses of such funds has improved transportation services for low-income individuals; and
“(3) contains such other relevant information as may be appropriate.”
Dollar Value of Mobility Improvements
Pub. L. 105–178, title III, §3010, June 9, 1998, 112 Stat. 357, as amended by Pub. L. 105–206, title IX, §9009(i), July 22, 1998, 112 Stat. 856, provided that:
“(a)
“(b)
“(1)
“(2)
Job Access and Reverse Commute Grants
Pub. L. 105–178, title III, §3037, June 9, 1998, 112 Stat. 387, as amended by Pub. L. 105–206, title IX, §9009(w), July 22, 1998, 112 Stat. 862; Pub. L. 108–88, §8(l), Sept. 30, 2003, 117 Stat. 1124; Pub. L. 108–202, §9(l), Feb. 29, 2004, 118 Stat. 488; Pub. L. 108–224, §7(l), Apr. 30, 2004, 118 Stat. 636; Pub. L. 108–263, §7(l), June 30, 2004, 118 Stat. 707; Pub. L. 108–280, §7(l), July 30, 2004, 118 Stat. 884; Pub. L. 108–310, §8(l), Sept. 30, 2004, 118 Stat. 1157; Pub. L. 109–14, §7(k), May 31, 2005, 119 Stat. 333; Pub. L. 109–20, §7(k), July 1, 2005, 119 Stat. 355; Pub. L. 109–35, §7(k), July 20, 2005, 119 Stat. 388; Pub. L. 109–37, §7(k), July 22, 2005, 119 Stat. 403; Pub. L. 109–40, §7(k), July 28, 2005, 119 Stat. 420, which authorized the Secretary of Transportation to make access to jobs grants and reverse commute grants to assist qualified entities in financing eligible projects, was repealed by Pub. L. 109–59, title III, §3018(c), Aug. 10, 2005, 119 Stat. 1605, effective Oct. 1, 2005. See section 5316 of this title.
Encouragement of Adversely Affected Industries To Compete for Contracts
Pub. L. 91–453, §10, Oct. 15, 1970, 84 Stat. 968, as amended by Pub. L. 102–240, title III, §3003(b), Dec. 18, 1991, 105 Stat. 2088, provided that: “The Secretary of Transportation shall in all ways (including the provision of technical assistance) encourage industries adversely affected by reductions in Federal Government spending on space, military, and other Federal projects to compete for the contracts provided for under sections 3 and 6 of the Federal Transit Act (49 U.S.C. 1602 and 1605) [now 49 U.S.C. 5309 and 5312], as amended by this Act.”
1 See References in text note below.
2 So in original. Probably should be followed by a period.
§5310. Formula grants for special needs of elderly individuals and individuals with disabilities
(a)
(1)
(2)
(A) a private nonprofit organization, if the public transportation service provided under paragraph (1) is unavailable, insufficient, or inappropriate; or
(B) a governmental authority that—
(i) is approved by the State to coordinate services for elderly individuals and individuals with disabilities; or
(ii) certifies that there are not any nonprofit organizations readily available in the area to provide the services described under paragraph (1).
(3)
(4)
(b)
(1)
(2)
(c)
(1)
(A)
(B)
(2)
(A) may be provided from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, a service agreement with a State or local social service agency or a private social service organization, or new capital;
(B) may be derived from amounts appropriated or otherwise made available to a department or agency of the Government (other than the Department of Transportation) that are eligible to be expended for transportation; and
(C) notwithstanding subparagraph (B), may be derived from amounts made available to carry out the Federal lands highway program established by section 204 of title 23.
(3)
(d)
(1)
(2)
(A)
(B)
(i) the projects selected were derived from a locally developed, coordinated public transit-human services transportation plan; and
(ii) the plan was developed through a process that included representatives of public, private, and nonprofit transportation and human services providers and participation by the public.
(C)
(e)
(1)
(2)
(f)
(g)
(h)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 807; Pub. L. 105–178, title III, §3013(a), June 9, 1998, 112 Stat. 359; Pub. L. 109–59, title III, §§3002(b)(2), 3012(a), Aug. 10, 2005, 119 Stat. 1544, 1589.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5310(a) | 49 App.:1612(b) (1st sentence words before cl. (1)), cls. (1) (words before 3d comma), (2) (words before “with such grants”). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §16(b) (1st sentence); added Oct. 15, 1970, Pub. L. 91–453, §8, 84 Stat. 967; restated Aug. 13, 1973, Pub. L. 93–87, §301(g), 87 Stat. 295; Dec. 18, 1991, Pub. L. 102–240, §3021(1)– (4), 105 Stat. 2110. |
| 5310(b) | 49 App.:1612(c)(2), (3). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §16(c); added Dec. 18, 1991, Pub. L. 102–240, §3021(6), 105 Stat. 2110; Oct. 6, 1992, Pub. L. 102–388, §502(k), 106 Stat. 1567. |
| 5310(c) | 49 App.:1612(c)(1). | |
| 5310(d) | 49 App.:1612(b) (1st sentence cl. (3)). | |
| 5310(e) | 49 App.:1612(b) (1st sentence cls. (1) (words after 3d comma), (2) (words after “service under this subsection”)). | |
| 5310(f) | 49 App.:1612(e). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §16(e); added Jan. 6, 1983, Pub. L. 97–424, §317(c), 96 Stat. 2153; Apr. 2, 1987, Pub. L. 100–17, §327(a)(4), 101 Stat. 238; Dec. 18, 1991, Pub. L. 102–240, §3021(1), (5), 105 Stat. 2110. |
| 5310(g) | 49 App.:1612(c)(4). | |
| 5310(h) | 49 App.:1612(f). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §16(f); added Apr. 2, 1987, Pub. L. 100–17, §321, 101 Stat. 235; restated Dec. 18, 1991, Pub. L. 102–240, §3021(5), (7), 105 Stat. 2110, 2111. |
| 5310(i) | 49 App.:1614(g) (related to 1612(b)). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §18(g) (related to §16(b)); added Nov. 6, 1978, Pub. L. 95–599, §313, 92 Stat. 2750; restated Dec. 18, 1991, Pub. L. 102–240, §3022, 105 Stat. 2111. |
| 5310(j) | 49 App.:1604b. | Nov. 26, 1974, Pub. L. 93–503, §108, 88 Stat. 1572. |
In this section, the words “governmental authorities” are substituted for “public bodies” because of section 5302(a) of the revised title.
In subsection (a), before clause (1), the words “In addition to the grants and loans otherwise provided for under this chapter” are omitted as surplus. In clauses (1) and (2), the words “the specific purpose of” are omitted as surplus. In clause (1), the words “or agencies thereof” are omitted as surplus.
In subsection (b), the words “for expenditure”, “to the States”, and “amounts of a” are omitted as surplus.
In subsection (d), the words “A recipient of amounts under this section” are added for clarity to correct an error in the source provisions. The words “under a contract, lease, or other arrangement” are omitted as surplus.
In subsection (e), the words “terms, conditions . . . and provisions” are omitted as surplus.
In subsection (e)(1), the words “and is deemed” are substituted for “and being considered for the purposes of all other laws” for consistency in the revised title and with other titles of the United States Code.
In subsection (e)(2), the words “insofar as may be appropriate” and “necessary or . . . for purposes of this paragraph” are omitted as surplus.
In subsection (f), the words “any applicable” are omitted as surplus. The words “prescribe regulations establishing” are substituted for “not later than ninety days after January 6, 1983, publish in the Federal Register for public comment, proposed regulations and, not later than one hundred and eighty days after January 6, 1983, promulgate final regulations, establishing” to eliminate unnecessary and executed words. Section 3021(1) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102–240, 105 Stat. 2110) is applied to 49 App.:1612(e) to carry out the apparent intent of Congress.
In subsection (g), the words “not later than 60 days following December 18, 1991” are omitted as obsolete. The words “and agencies” are omitted as surplus.
In subsection (j), the words “elderly individuals and individuals with disabilities” are substituted for “elderly and handicapped persons” for consistency.
Amendments
2005—Pub. L. 109–59, §3012(a), amended section catchline and text generally. Prior to amendment, text consisted of subsecs. (a) to (j) relating to formula grants and loans for special needs of elderly individuals and individuals with disabilities.
Subsec. (h). Pub. L. 109–59, §3002(b)(2), substituted “Public” for “Mass”.
1998—Pub. L. 105–178 substituted “Formula grants” for “Grants” in section catchline.
Elderly Individuals and Individuals With Disabilities Pilot Program
Pub. L. 109–59, title III, §3012(b), Aug. 10, 2005, 119 Stat. 1591, provided that:
“(1)
“(2)
“(A) the projects selected were derived from a locally developed, coordinated public transit-human services transportation plan; and
“(B) the plan was developed through a process that included representatives of public, private, and nonprofit transportation and human services providers and participation by the public.
“(3)
“(4)
“(A) may be provided from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, a service agreement with a State or local social service agency or a private social service organization, or new capital; and
“(B) may be derived from amounts appropriated to or made available to a department or agency of the Government (other than the Department of Transportation) that are eligible to be expended for transportation.
“(5)
“(6)
“(7)
“(A) the extent to which funds were used to subsidize existing paratransit service provided in compliance with the Americans with Disabilities Act of 1990 [42 U.S.C. 12101 et seq.];
“(B) whether States participating in the pilot program use the funds to provide services to persons with disabilities that exceed those services required by the Americans with Disabilities Act of 1990 differently than States not in the pilot program;
“(C) whether States participating in this pilot program use the funds to provide services to individuals with disabilities that exceed those services required by the Americans with Disabilities Act of 1990 to the detriment of other eligible projects;
“(D) the percentage of funds used to assist elderly individuals;
“(E) the percentage of funds used to assist individuals with disabilities;
“(F) the extent to which States participating in this pilot program serve a wider range of elderly, low income, and persons with disabilities populations;
“(G) whether the pilot program improves services to elderly individuals and individuals with disabilities;
“(H) the extent to which States participating in the pilot program were able to expand the range of transportation alternatives available to elderly individuals and individuals with disabilities; and
“(I) whether the pilot program facilitates or discourages coordination with or integration of other funding sources.
“(8)
Over-the-Road Bus Accessibility Program
Pub. L. 105–178, title III, §3038, June 9, 1998, 112 Stat. 392, as amended by Pub. L. 105–206, title IX, §9009(x), July 22, 1998, 112 Stat. 862; Pub. L. 106–346, §101(a) [title III, §336], Oct. 23, 2000, 114 Stat. 1356, 1356A–31; Pub. L. 108–88, §8(m), Sept. 30, 2003, 117 Stat. 1125; Pub. L. 108–202, §9(m), Feb. 29, 2004, 118 Stat. 488; Pub. L. 108–224, §7(m), Apr. 30, 2004, 118 Stat. 636; Pub. L. 108–263, §7(m), June 30, 2004, 118 Stat. 707; Pub. L. 108–280, §7(m), July 30, 2004, 118 Stat. 885; Pub. L. 108–310, §8(m), Sept. 30, 2004, 118 Stat. 1158; Pub. L. 109–14, §7(l), May 31, 2005, 119 Stat. 333; Pub. L. 109–20, §7(l), July 1, 2005, 119 Stat. 355; Pub. L. 109–35, §7(l), July 20, 2005, 119 Stat. 388; Pub. L. 109–37, §7(l), July 22, 2005, 119 Stat. 403; Pub. L. 109–40, §7(l), July 28, 2005, 119 Stat. 420; Pub. L. 109–59, title III, §3039(a), Aug. 10, 2005, 119 Stat. 1638, provided that:
“(a)
“(1)
“(A) operates with limited stops over fixed routes connecting 2 or more urban areas not in close proximity or connecting 1 or more rural communities with an urban area not in close proximity;
“(B) has the capacity for transporting baggage carried by passengers; and
“(C) makes meaningful connections with scheduled intercity bus service to more distant points.
“(2)
“(3)
“(b)
“(c)
“(1) the identified need for over-the-road bus accessibility for persons with disabilities in the areas served by the applicant;
“(2) the extent to which the applicant demonstrates innovative strategies and financial commitment to providing access to over-the-road buses to persons with disabilities;
“(3) the extent to which the over-the-road bus operator acquires equipment required by the final rule prior to any required timeframe in the final rule;
“(4) the extent to which financing the costs of complying with the Department of Transportation's final rule regarding accessibility of over-the-road buses presents a financial hardship for the applicant; and
“(5) the impact of accessibility requirements on the continuation of over-the-road bus service, with particular consideration of the impact of the requirements on service to rural areas and for low-income individuals.
“(d)
“(e)
“(f)
“(g)
“(1)
“(2)
§5311. Formula grants for other than urbanized areas
(a)
(1)
(2)
(b)
(1)
(A) public transportation capital projects;
(B) operating costs of equipment and facilities for use in public transportation; and
(C) the acquisition of public transportation services, including service agreements with private providers of public transportation services.
(2)
(A)
(B)
(C)
(i) the program provides a fair distribution of amounts in the State, including Indian reservations; and
(ii) the program provides the maximum feasible coordination of public transportation service assisted under this section with transportation service assisted by other Federal sources.
(3)
(A)
(B)
(C)
(4)
(A) total annual revenue;
(B) sources of revenue;
(C) total annual operating costs;
(D) total annual capital costs;
(E) fleet size and type, and related facilities;
(F) revenue vehicle miles; and
(G) ridership.
(c)
(1)
(A) $8,000,000 for fiscal year 2006.
(B) $10,000,000 for fiscal year 2007.
(C) $12,000,000 for fiscal year 2008.
(D) $15,000,000 for fiscal year 2009.
(2)
(A) 20 percent shall be apportioned to the States in accordance with paragraph (3); and
(B) 80 percent shall be apportioned to the States in accordance with paragraph (4).
(3)
(A)
(B)
(4)
(d)
(e)
(f)
(1)
(A) planning and marketing for intercity bus transportation;
(B) capital grants for intercity bus shelters;
(C) joint-use stops and depots;
(D) operating grants through purchase-of-service agreements, user-side subsidies, and demonstration projects; and
(E) coordinating rural connections between small public transportation operations and intercity bus carriers.
(2)
(g)
(1)
(A)
(B)
(2)
(A)
(B)
(3)
(A) may be provided from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, a service agreement with a State or local social service agency or a private social service organization, or new capital;
(B) may be derived from amounts appropriated or otherwise made available to a department or agency of the Government (other than the Department of Transportation) that are eligible to be expended for transportation; and
(C) notwithstanding subparagraph (B), may be derived from amounts made available to carry out the Federal lands highway program established by section 204 of title 23.
(4)
(5)
(h)
(i)
(2) This subsection does not affect or discharge a responsibility of the Secretary of Transportation under a law of the United States.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 809; Pub. L. 105–178, title III, §3014(a), June 9, 1998, 112 Stat. 359; Pub. L. 109–59, title III, §§3002(b)(4), 3013(a)–(h), Aug. 10, 2005, 119 Stat. 1545, 1593–1596.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5311(a) | 49 App.:1614(c) (3d sentence). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §18(b), (c) (2d, 3d sentences), (d), (e) (1st–4th sentences), (f); added Nov. 6, 1978, Pub. L. 95–599, §313, 92 Stat. 2749, 2750. |
| 5311(b)(1) | 49 App.:1614(b) (1st sentence 18th–last words, 2d, last sentences), (c) (2d sentence words between 1st and 2d commas). | |
| 5311(b)(2) | 49 App.:1614(h). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §18(h); added Apr. 2, 1987, Pub. L. 100–17, §323, 101 Stat. 235. |
| 5311(c) | 49 App.:1614(a) (1st sentence). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §18(a) (1st sentence); added Nov. 6, 1978, Pub. L. 95–599, §313, 92 Stat. 2748; Jan. 6, 1983, Pub. L. 97–424, §316(a), 96 Stat. 2153. |
| 49 App.:1614(a) (2d sentence). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §18(a) (2d sentence); added Nov. 6, 1978, Pub. L. 95–599, §313, 92 Stat. 2748; Dec. 18, 1991, Pub. L. 102–240, §3024, 105 Stat. 2112. | |
| 49 App.:1614(c) (1st sentence). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §18(c) (1st sentence); added Nov. 6, 1978, Pub. L. 95–599, §313, 92 Stat. 2749; Jan. 6, 1983, Pub. L. 97–424, §316(b), 96 Stat. 2153. | |
| 5311(d) | 49 App.:1614(b) (1st sentence 1st–17th words), (c) (2d sentence words before 1st and after 2d commas). | |
| 5311(e)(1) | 49 App.:1614(d). | |
| 5311(e)(2) | 49 App.:1614(c) (4th sentence). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §18(c) (4th sentence); added Apr. 2, 1987, Pub. L. 100–17, §322, 101 Stat. 235. |
| 5311(f) | 49 App.:1614(i). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §18(i); added Dec. 18, 1991, Pub. L. 102–240, §3023, 105 Stat. 2111. |
| 5311(g)(1) | 49 App.:1614(e) (last sentence). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §18(e) (last sentence); added Dec. 19, 1985, Pub. L. 99–190, §326, 99 Stat. 1289. |
| 5311(g)(2) | 49 App.:1614(e) (1st–4th sentences). | |
| 5311(h) | 49 App.:1614(c) (last sentence). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §18(c) (last sentence); added Oct. 6, 1992, Pub. L. 102–388, §502(l), 106 Stat. 1567. |
| 5311(i) | 49 App.:1614(g) (related to this section). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §18(g) (related to this section); added Nov. 6, 1978, Pub. L. 95–599, §313(a), 92 Stat. 2750; restated Dec. 18, 1991, Pub. L. 102–240, §3022, 105 Stat. 2111. |
| 5311(j) | 49 App.:1614(f). |
In subsection (a), the words “Eligible” and “and agencies thereof” are omitted as surplus.
In subsection (b)(1), the words “The Secretary of Transportation may make grants” are added for clarity and consistency in this chapter. The word “equitable” is omitted as being included in “fair”.
In subsection (b)(2), the words “establish and” are omitted as executed. The word “direct” is omitted as surplus.
In subsection (c), the words “for expenditure in each fiscal year” are omitted as surplus. The words “so that” are substituted for “Such sums shall be made available for expenditure for public transportation projects in areas other than urbanized areas on the basis of a formula under which” to eliminate unnecessary words. The words “will be entitled to” and “as designated by the Bureau of the Census” are omitted as surplus. The words “United States” are substituted for “all the States” for consistency in the revised title and with other titles of the Code. The words “available”, “a period of”, and “the close of” are omitted as surplus.
In subsection (d), the words “included in a program under subsection (b) of this section” are substituted for 49 App.:1614(b) (1st–17th words) and “which are appropriate for areas other than urbanized areas” to eliminate unnecessary words. The words “for assistance” are added for clarity.
In subsection (e)(1), the words “of funds under this section. Such technical assistance” and “(public and private)” are omitted as surplus.
In subsections (e)(2) and (g)(2), the word “grant” is substituted for “share” for consistency in this chapter.
In subsection (f), the text of 49 App.:1614(i)(3) is omitted as obsolete.
In subsection (f)(1), before clause (A), the words “Subject to paragraph (2)” are omitted as surplus. The reference to fiscal year 1992 is omitted as obsolete.
In subsection (g)(2), the words “under this chapter”, “as defined by the Secretary”, “Any public or private”, “solely”, and “available in” are omitted as surplus.
Subsection (h) is substituted for 49 App.:1614(c) (last sentence) for clarity and consistency in this chapter and to eliminate unnecessary words.
In subsection (j)(1), the text of 49 App.:1614(f) (1st sentence) is omitted as unnecessary because of section 5334(a) of the revised title and 49:322(a). The words “in carrying out projects” are omitted as surplus.
References in Text
Paragraph (1) of section 5323(a) of this title, referred to in subsec. (i)(1), was struck out and a new par. (1) enacted by Pub. L. 109–59, title III, §3023(a)(1), Aug. 10, 2005, 119 Stat. 1615, which does not contain a subpar. (D).
Amendments
2005—Subsec. (a). Pub. L. 109–59, §3013(a), amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: “In this section, ‘recipient’ includes a State authority, a local governmental authority, a nonprofit organization, and an operator of mass transportation service.”
Subsec. (b). Pub. L. 109–59, §3013(b), reenacted heading without change and amended text of subsec. (b) generally. Prior to amendment, text read as follows:
“(1) The Secretary of Transportation may make grants for transportation projects that are included in a State program of mass transportation service projects (including service agreements with private providers of mass transportation service) for areas other than urbanized areas. The program shall be submitted annually to the Secretary. The Secretary may approve the program only if the Secretary finds that the program provides a fair distribution of amounts in the State, including Indian reservations, and the maximum feasible coordination of mass transportation service assisted under this section with transportation service assisted by other United States Government sources.
“(2) The Secretary of Transportation shall carry out a rural transportation assistance program in nonurbanized areas. In carrying out this paragraph, the Secretary may make grants and contracts for transportation research, technical assistance, training, and related support services in nonurbanized areas.”
Subsec. (c). Pub. L. 109–59, §3013(c), amended heading and text of subsec. (c) generally. Prior to amendment, text read as follows: “The Secretary of Transportation shall apportion amounts made available under section 5338(a) of this title so that the chief executive officer of each State receives an amount equal to the total amount apportioned multiplied by a ratio equal to the population of areas other than urbanized areas in a State divided by the population of all areas other than urbanized areas in the United States, as shown by the most recent of the following: the latest Government census, the population estimate the Secretary of Commerce prepares after the 4th year after the date the latest census is published, or the population estimate the Secretary of Commerce prepares after the 8th year after the date the latest census is published. The amount may be obligated by the chief executive officer for 2 years after the fiscal year in which the amount is apportioned. An amount that is not obligated at the end of that period shall be reapportioned among the States for the next fiscal year.”
Subsec. (e). Pub. L. 109–59, §3013(d), inserted “, Planning,” after “Administration” in heading and in text struck out “(1)” before “The Secretary”, substituted “subrecipient” for “recipient”, and struck out par. (2) which read as follows: “Except as provided in this section, a State carrying out a program of operating assistance under this section may not limit the level or extent of use of the Government grant for the payment of operating expenses.”
Subsec. (e)(1). Pub. L. 109–59, §3002(b)(4), substituted “public transportation” for “mass transportation” in two places.
Subsec. (f)(1). Pub. L. 109–59, §3013(e)(1), inserted heading, struck out “after September 30, 1993,” after “in each fiscal year” in introductory provisions and realigned margins of subpars. (A) to (D).
Subsec. (f)(1)(E). Pub. L. 109–59, §3002(b)(4), substituted “public transportation” for “mass transportation”.
Subsec. (f)(2). Pub. L. 109–59, §3013(e)(2), inserted heading and substituted “Secretary, after consultation with affected intercity bus service providers,” for “Secretary of Transportation”.
Subsec. (g). Pub. L. 109–59, §3013(f), substituted “Government” for “Government's” in heading and amended text generally. Prior to amendment, text read as follows:
“(1) In this subsection, ‘amounts of the Government or revenues’ do not include amounts received under a service agreement with a State or local social service agency or a private social service organization.
“(2) A grant of the Government for a capital project under this section may not be more than 80 percent of the net cost of the project, as determined by the Secretary of Transportation. A grant to pay a subsidy for operating expenses may not be more than 50 percent of the net cost of the operating expense project. At least 50 percent of the remainder shall be provided in cash from sources other than amounts of the Government or revenues from providing mass transportation. Transit system amounts that make up the remainder shall be from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, or new capital.”
Subsec. (h). Pub. L. 109–59, §3013(g), redesignated subsec. (i) as (h) and struck out heading and text of former subsec. (h). Text read as follows: “An amount made available under this section may be used for operating assistance.”
Subsec. (i). Pub. L. 109–59, §3013(g)(2), redesignated subsec. (j) as (i). Former subsec. (i) redesignated (h).
Subsec. (i)(1). Pub. L. 109–59, §3013(h), which directed amendment of subsec. (j)(1) by substituting “if the Secretary of Labor utilizes a special warranty that provides a fair and equitable arrangement to protect the interests of employees” for “but the Secretary of Labor may waive the application of section 5333(b)”, was executed by making the substitution in subsec. (i)(1) to reflect the probable intent of Congress and the redesignation of subsec. (j) as (i) by Pub. L. 109–59, §3013(g)(2). See above.
Subsec. (j). Pub. L. 109–59, §3013(g)(2), redesignated subsec. (j) as (i).
1998—Pub. L. 105–178, §3014(a)(1), substituted “Formula grants” for “Financial assistance” in section catchline.
Subsec. (f)(1). Pub. L. 105–178, §3014(a)(2), struck out “10 percent of the amount made available in the fiscal year ending September 30, 1993, and” before “15 percent of the amount” in introductory provisions.
1 See References in Text note below.
§5312. Research, development, demonstration, and deployment projects
(a)
(1)
(2)
(3)
(b)
(1)
(A) means 1 or more public or private organizations located in the United States that provide public transportation service to the public and 1 or more businesses, including small- and medium-sized businesses, incorporated in a State, offering goods or services or willing to offer goods and services to public transportation operators; and
(B) may include, as additional members, public or private research organizations located in the United States, or State or local governmental authorities.
(2)
(3)
(4)
(5)
(c)
(1)
(A) development, monitoring, assessment, and dissemination domestically of information about worldwide public transportation market opportunities;
(B) cooperation with foreign public sector entities in research, development, demonstration, training, and other forms of technology transfer and exchange of experts and information;
(C) advocacy, in international public transportation markets, of firms, products, and services available from the United States;
(D) informing the international market about the technical quality of public transportation products and services through participation in seminars, expositions, and similar activities; and
(E) offering those Federal Transit Administration technical services which cannot be readily obtained from the United States private sector to foreign public authorities planning or undertaking public transportation projects if the cost of these services will be recovered under the terms of each project.
(2)
(3)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 811; Pub. L. 105–178, title III, §3015(a), June 9, 1998, 112 Stat. 359; Pub. L. 109–59, title III, §§3002(b)(4), 3014(a)–(e)(1), Aug. 10, 2005, 119 Stat. 1545, 1596, 1597.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5312(a) | 49 App.:1605(a). | July 9, 1964, Pub. L. 88–365, §6(a), 78 Stat. 305; May 25, 1967, Pub. L. 90–19, §20(a), 81 Stat. 25; Oct. 15, 1970, Pub. L. 91–453, §13(b), 84 Stat. 969. |
| 49 App.:1605(d). | July 9, 1964, Pub. L. 88–365, §6(d), 78 Stat. 305; Sept. 8, 1966, Pub. L. 89–562, §3, 80 Stat. 717; May 25, 1967, Pub. L. 90–19, §20(a), 81 Stat. 25. | |
| 5312(b)(1) | 49 App.:1607c(a) (1st, 2d sentences). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §11(a); added Sept. 8, 1966, Pub. L. 89–562, §2(a)(2), 80 Stat. 716. |
| 5312(b)(2) | 49 App.:1607c(a) (3d sentence). | |
| 5312(b)(3) | 49 App.:1607c(a) (last sentence). | |
| 5312(c)(1) | 49 App.:1607b (1st sentence). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §10; added Sept. 8, 1966, Pub. L. 89–562, §2(a)(2), 80 Stat. 716; restated Nov. 6, 1978, Pub. L. 95–599, §306, 92 Stat. 2744. |
| 5312(c)(2) | 49 App.:1603(c) (1st sentence). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §4(c) (1st sentence); added Nov. 6, 1978, Pub. L. 95–599, §303(e), 92 Stat. 2739; Apr. 2, 1987, Pub. L. 100–17, §320, 101 Stat. 235; Dec. 18, 1991, Pub. L. 102–240, §3006(h)(1), 105 Stat. 2090. |
| 5312(c)(3) | 49 App.:1607b (2d–last sentences). |
In subsections (a) and (b)(1), the words “(or the Secretary of Housing and Urban Development when required by section 5334(i) of this title)” are added for clarity.
In subsection (a), the word “working” is omitted as surplus. The words “departments, agencies, and instrumentalities of the United States Government” are substituted for “other Federal departments and agencies” for consistency in the revised title and with other titles of the United States Code. The words “all phases of”, “(including the development, testing, and demonstration of new facilities, equipment, techniques, and methods)”, “In carrying out the provisions of this section”, “or data as he deems”, “public or private”, and “contained . . . section 1701d–3 of title 12 or . . . other provision of” are omitted as surplus.
In subsection (b)(1), before clause (A), the words “public and private”, “assist in establishing or carrying on comprehensive research in the problems of transportation in urban areas. Such grants shall be used to”, and “and qualified” are omitted as surplus. In clause (A), the words “or both” are omitted as surplus.
In subsection (b)(3), the word “appropriate” is added for clarity.
In subsection (c)(1), the words “and agencies thereof” are omitted as surplus.
In subsection (c)(3), before clause (A), the words “public or private training” and “the sum of” are omitted as surplus. In clause (B), the words “in connection with the fellowship” are omitted as surplus.
Amendments
2005—Pub. L. 109–59, §3014(e)(1), substituted “deployment” for “training” in section catchline.
Subsec. (a). Pub. L. 109–59, §3014(a), amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: “The Secretary of Transportation (or the Secretary of Housing and Urban Development when required by section 5334(i) of this title) may undertake, or make grants or contracts (including agreements with departments, agencies, and instrumentalities of the United States Government) for, research, development, and demonstration projects related to urban mass transportation that the Secretary decides will help reduce urban transportation needs, improve mass transportation service, or help mass transportation service meet the total urban transportation needs at a minimum cost. The Secretary may request and receive appropriate information from any source. This subsection does not limit the authority of the Secretary under another law.”
Subsec. (b). Pub. L. 109–59, §3014(b), redesignated subsec. (d) as (b) and struck out former subsec. (b) which related to grants to nonprofit institutions of higher learning for research, investigations, and training.
Subsec. (c). Pub. L. 109–59, §3014(b), redesignated subsec. (e) as (c) and struck out former subsec. (c) which related to grants to States, local governmental authorities, and operators of mass transportation systems for training fellowships and grants to State and local governmental authorities for projects that would use innovative techniques and methods in managing and providing mass transportation.
Subsec. (c)(2). Pub. L. 109–59, §3014(c), substituted “public or private” for “public and private”.
Subsec. (c)(3). Pub. L. 109–59, §3014(d), struck out “shall be accounted for separately within the Mass Transit Account of the Highway Trust Fund and” after “Such revenues”.
Subsec. (d). Pub. L. 109–59, §3014(b), redesignated subsec. (d) as (b).
Subsec. (d)(1)(A), (2). Pub. L. 109–59, §3002(b)(4), substituted “public transportation” for “mass transportation” wherever appearing.
Subsec. (e). Pub. L. 109–59, §3014(b), redesignated subsec. (e) as (c).
Subsec. (e)(1). Pub. L. 109–59, §3002(b)(4), substituted “public transportation” for “mass transportation” wherever appearing.
1998—Subsecs. (d), (e). Pub. L. 105–178 added subsecs. (d) and (e).
1 So in original. Probably should be “Public”.
§5313. Transit cooperative research program
(a)
(b)
(c)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 812; Pub. L. 105–178, title III, §3029(b)(4), (5), June 9, 1998, 112 Stat. 372; Pub. L. 109–59, title III, §§3002(b)(4), 3015(a), (b)(1), Aug. 10, 2005, 119 Stat. 1545, 1597.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5313(a) | 49 App.:1622(a)(1). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §26(a); added Dec. 18, 1991, Pub. L. 102–240, §3030, 105 Stat. 2117; Oct. 6, 1992, Pub. L. 102–388, §502(r), 106 Stat. 1567. |
| 5313(b) | 49 App.:1622(a)(2). | |
| 5313(c) | 49 App.:1622(b)(8) (related to subsection (a)(1)). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §26(b)(8) (related to subsection (a)(1)); added Dec. 18, 1991, Pub. L. 102–240, §3030, 103 Stat. 2119. |
In subsection (b)(1), the word “total” is omitted as surplus.
In subsection (b)(2), the word “subsection” in the source provision is translated as if it were “paragraph” to reflect the apparent intent of Congress.
In subsection (b)(3)(A), the words “for obligation”, “a period of”, and “the close of” are omitted as surplus.
Amendments
2005—Pub. L. 109–59, §3015(b)(1), substituted “Transit cooperative research program” for “State planning and research programs” in section catchline.
Subsec. (a). Pub. L. 109–59, §3015(a)(2), redesignated par. (2) as subsec. (b) and directed amendment of subsec. (a) by substituting “The amounts made available under subsections (a)(5)(C)(iii) and (d)(1) of section 5338” for “(1) The amounts made available under paragraphs (1) and (2)(C)(ii) of section 5338(c) of this title”, which was executed by making the substitution for “(1) The amounts made available under paragraphs (1) and (2)(C)(ii) of section 5338(d) of this title”, to reflect the probable intent of Congress.
Subsec. (a)(1). Pub. L. 109–59, §3002(b)(4), substituted “public transportation” for “mass transportation” in two places.
Subsec. (b). Pub. L. 109–59, §3015(a)(1), (2)(B), redesignated subsec. (a)(2) as (b), inserted heading, and struck out former subsec. (b) which related to apportionment of amounts made available under paragraphs (1) and (2)(C)(ii) of section 5338(c) of this title to States for grants and contracts consistent with the purposes of sections 5303–5306, 5312, 5315, 5317, and 5322 of this title.
Subsec. (c). Pub. L. 109–59, §3015(a)(3), reenacted heading without change and amended text of subsec. (c) generally. Prior to amendment, text read as follows: “When there would be a clear and direct financial benefit to an entity under a grant or contract financed under subsection (a) of this section, the Secretary shall establish a United States Government share consistent with the benefit.”
1998—Subsec. (a)(1). Pub. L. 105–178, §3029(b)(4), substituted “The amounts made available under paragraphs (1) and (2)(C)(ii) of section 5338(d)” for “Fifty percent of the amounts made available under section 5338(g)(3)”.
Subsec. (b)(1). Pub. L. 105–178, §3029(b)(5), substituted “The amounts made available under paragraphs (1) and (2)(C)(ii) of section 5338(c)” for “Fifty percent of the amounts made available under section 5338(g)(3)”.
§5314. National research programs
(a)
(2) The Secretary shall provide public transportation-related technical assistance, demonstration programs, research, public education, and other activities the Secretary considers appropriate to help public transportation providers comply with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). To the extent practicable, the Secretary shall carry out this paragraph through a contract with a national nonprofit organization serving individuals with disabilities that has a demonstrated capacity to carry out the activities.
(3) Not more than 25 percent of the amounts available under paragraph (1) of this subsection is available to the Secretary for special demonstration initiatives, subject to terms the Secretary considers consistent with this chapter, except that section 5323(a)(1)(D) 1 of this title applies to an operational grant financed in carrying out section 5312(a) of this title. For a nonrenewable grant of not more than $100,000, the Secretary shall provide expedited procedures on complying with the requirements of this chapter.
(4)(A) The Secretary may undertake a program of public transportation technology development in coordination with affected entities.
(B) The Secretary shall develop guidelines for cost sharing in technology development projects financed under this paragraph. The guidelines shall be flexible and reflect the extent of technical risk, market risk, and anticipated supplier benefits and payback periods.
(5) The Secretary may use amounts appropriated under this subsection to supplement amounts available under section 5313(a) of this title, as the Secretary considers appropriate.
(6)
(A)
(B)
(i) meets the conditions described in section 501(c)(3) of the Internal Revenue Code of 1986; or
(ii) is an agency of a State or unit of local government.
(C)
(D)
(i)
(ii)
(I) high incidence of renal disease; and
(II) limited access to dialysis facilities.
(E)
(F)
(b)
(c)
(1)
(2)
(A) focuses significantly on serving the needs of the elderly;
(B) has demonstrated knowledge and expertise in senior transportation policy and planning issues;
(C) has affiliates in a majority of the States;
(D) has the capacity to convene local groups to consult on operation and development of senior transportation programs; and
(E) has established close working relationships with the Federal Transit Administration and the Administration on Aging.
(3)
(A) gather best practices from throughout the Nation and provide such practices to local communities that are implementing senior transportation programs;
(B) work with teams from local communities to identify how the communities are successfully meeting the transportation needs of senior citizens and any gaps in services in order to create a plan for an integrated senior transportation program;
(C) provide resources on ways to pay for senior transportation services;
(D) create a web site to publicize and circulate information on senior transportation programs;
(E) establish a clearinghouse for print, video, and audio resources on senior mobility; and
(F) administer the demonstration grant program established under paragraph (4).
(4)
(A)
(i) local transportation organizations;
(ii) State agencies;
(iii) units of local government; and
(iv) nonprofit organizations.
(B)
(i) evaluate the state of transportation services for senior citizens;
(ii) recognize barriers to mobility that senior citizens encounter in their communities;
(iii) establish partnerships and promote coordination among community stakeholders, including public, not-for-profit, and for-profit providers of transportation services for senior citizens;
(iv) identify future transportation needs of senior citizens within local communities; and
(v) establish strategies to meet the unique needs of healthy and frail senior citizens.
(C)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 812; Pub. L. 105–178, title III, §§3016, 3029(b)(6), June 9, 1998, 112 Stat. 361, 372; Pub. L. 109–59, title III, §§3002(b)(4), 3016(a), (b), Aug. 10, 2005, 119 Stat. 1545, 1598, 1599.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5314(a) | 49 App.:1622(b) (1)–(7). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §26(b)(1)–(8) (related to this subsection); added Dec. 18, 1991, Pub. L. 102–240, §3030, 105 Stat. 2118. |
| 5314(b) | 49 App.:1622(b)(8) (related to this subsection). |
In subsection (a)(2), the word “subsection” in the source provision is translated as if it were “paragraph” to reflect the apparent intent of Congress.
In subsection (a)(3), the words “conditions, requirements, and provisions” are omitted as being included in “terms”.
In subsection (a)(4)(C), the word “section” in the source provision is translated as if it were “paragraph” to reflect the apparent intent of Congress.
References in Text
The Americans with Disabilities Act of 1990, referred to in subsec. (a)(2), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327, as amended, which is classified principally to chapter 126 (§12101 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of Title 42 and Tables.
Paragraph (1) of section 5323(a) of this title, referred to in subsec. (a)(3), was struck out and a new par. (1) enacted by Pub. L. 109–59, title III, §3023(a)(1), Aug. 10, 2005, 119 Stat. 1615, which does not contain a subpar. (D).
Section 501(c)(3) of the Internal Revenue Code of 1986, referred to in subsec. (a)(6)(B)(i), is classified to section 501(c)(3) of Title 26, Internal Revenue Code.
Amendments
2005—Pub. L. 109–59, §3016(a)(1), struck out “planning and” before “research” in section catchline.
Subsec. (a)(1). Pub. L. 109–59, §3016(a)(2), substituted “section 5338(d)” for “subsections (d) and (h)(7) of section 5338 of this title” and “, contracts, cooperative agreements, or other agreements” for “and contracts” and struck out “5303–5306,” before “5312,” and “5317,” before “and 5322”.
Subsec. (a)(2). Pub. L. 109–59, §3016(a)(3), substituted “The Secretary shall” for “Of the amounts made available under paragraph (1) of this subsection, the Secretary shall make available at least $3,000,000 to”.
Pub. L. 109–59, §3002(b)(4), substituted “public transportation-related” for “mass transportation-related” and “public transportation” for “mass transportation”.
Subsec. (a)(4)(A). Pub. L. 109–59, §3002(b)(4), substituted “public transportation” for “mass transportation”.
Subsec. (a)(4)(B), (C). Pub. L. 109–59, §3016(a)(4), (5), redesignated subpar. (C) as (B) and struck out former subpar. (B) which read as follows: “The Secretary shall establish an Industry Technical Panel composed of representatives of transportation suppliers and operators and others involved in technology development. A majority of the Panel members shall represent the supply industry. The Panel shall assist the Secretary in identifying priority technology development areas and in establishing guidelines for project development, project cost sharing, and project execution.”
Subsec. (a)(6). Pub. L. 109–59, §3016(a)(6), added par. (6).
Subsec. (b). Pub. L. 109–59, §3016(a)(7), substituted “, contract, cooperative agreement, or other agreement under subsection (a) or section 5312,” for “or contract financed under subsection (a) of this section,”.
Subsec. (c). Pub. L. 109–59, §3016(b), added subsec. (c).
1998—Subsec. (a)(1). Pub. L. 105–178, §3029(b)(6), substituted “subsections (d) and (h)(7) of section 5338” for “section 5338(g)(4)”.
Subsec. (a)(2). Pub. L. 105–178, §3016, substituted “$3,000,000” for “$2,000,000”.
1 See References in Text note below.
§5315. National transit institute
(a)
(b)
(1)
(2)
(A) intermodal and public transportation planning;
(B) management;
(C) environmental factors;
(D) acquisition and joint use rights-of-way;
(E) engineering and architectural design;
(F) procurement strategies for public transportation systems;
(G) turnkey approaches to delivering public transportation systems;
(H) new technologies;
(I) emission reduction technologies;
(J) ways to make public transportation accessible to individuals with disabilities;
(K) construction, construction management, insurance, and risk management;
(L) maintenance;
(M) contract administration;
(N) inspection;
(O) innovative finance;
(P) workplace safety; and
(Q) public transportation security.
(c)
(1) by the Secretary at no cost to the States and local governments for subjects that are a Government program responsibility; or
(2) when the education and training are paid under subsection (d) of this section, by the State, with the approval of the Secretary, through grants and contracts with public and private agencies, other institutions, individuals, and the institute.
(d)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 813; Pub. L. 104–287, §5(13), Oct. 11, 1996, 110 Stat. 3390; Pub. L. 105–178, title III, §3017(a), June 9, 1998, 112 Stat. 361; Pub. L. 105–206, title IX, §9009(l), July 22, 1998, 112 Stat. 857; Pub. L. 109–59, title III, §3017, Aug. 10, 2005, 119 Stat. 1600.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5315(a) | 49 App.:1625(a) (1st–3d sentences). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §29(a)–(c); added Dec. 18, 1991, Pub. L. 102–240, §6022, 105 Stat. 2185. |
| 5315(b) | 49 App.:1625(a) (last sentence). | |
| 5315(c) | 49 App.:1625(c). | |
| 5315(d) | 49 App.:1625(b). |
In subsection (a), before clause (1), the word “conduct” is substituted for “administer” for consistency in this section.
In subsection (d), the word “department” is omitted for consistency in this section.
Pub. L. 104–287
This amends 49:5315(d), 5317(b)(5), and 5323(b)(1), (c), and (e) to correct erroneous cross-references.
Amendments
2005—Subsecs. (a), (b). Pub. L. 109–59, §3017(a), added subsecs. (a) and (b) and struck out former subsecs. (a) and (b), which related to establishment and duties of a national transit institute in subsec. (a) and delegation to the institute of the authority of the Secretary to develop and conduct educational and training programs related to mass transportation in subsec. (b).
Subsec. (d). Pub. L. 109–59, §3017(b), struck out “mass” after “public” in two places.
1998—Pub. L. 105–178, §3017(a)(1), as amended by Pub. L. 105–206 substituted “transit” for “mass transportation” in section catchline.
Subsec. (a). Pub. L. 105–178, §3017(a)(2)(A), as amended by Pub. L. 105–206 substituted “national transit institute” for “national mass transportation institute” in introductory provisions.
Subsec. (a)(5). Pub. L. 105–178, §3017(a)(2)(B), as amended by Pub. L. 105–206 inserted “and architectural design” before semicolon at end.
Subsec. (a)(7). Pub. L. 105–178, §3017(a)(2)(C), as amended by Pub. L. 105–206 substituted “delivering” for “carrying out”.
Subsec. (a)(11). Pub. L. 105–178, §3017(a)(2)(D), as amended by Pub. L. 105–206 inserted “, construction management, insurance, and risk management” before semicolon at end.
Subsec. (a)(15), (16). Pub. L. 105–178, §3017(a)(2)(E)–(G), as amended by Pub. L. 105–206 added pars. (15) and (16).
1996—Subsec. (d). Pub. L. 104–287 substituted “sections 5307 and 5309” for “sections 5304 and 5306”.
Effective Date of 1998 Amendment
Title IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, and provisions of Pub. L. 105–178, as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105–206 to be treated as not enacted, see section 9016 of Pub. L. 105–206, set out as a note under section 101 of Title 23, Highways.
Effective Date of 1996 Amendment
Amendment by Pub. L. 104–287 effective July 5, 1994, see section 8(1) of Pub. L. 104–287, set out as a note under section 5303 of this title.
§5316. Job access and reverse commute formula grants
(a)
(1)
(A) transportation projects to finance planning, capital, and operating costs of providing access to jobs under this chapter;
(B) promoting public transportation by low-income workers, including the use of public transportation by workers with nontraditional work schedules;
(C) promoting the use of transit vouchers for welfare recipients and eligible low-income individuals; and
(D) promoting the use of employer-provided transportation, including the transit pass benefit program under section 132 of the Internal Revenue Code of 1986.
(2)
(3)
(4)
(A) subsidize the costs associated with adding reverse commute bus, train, carpool, van routes, or service from urbanized areas and other than urbanized areas to suburban workplaces;
(B) subsidize the purchase or lease by a nonprofit organization or public agency of a van or bus dedicated to shuttling employees from their residences to a suburban workplace; or
(C) otherwise facilitate the provision of public transportation services to suburban employment opportunities.
(5)
(6)
(b)
(1)
(2)
(c)
(1)
(A) 60 percent of the funds shall be apportioned among designated recipients (as defined in section 5307(a)(2)) for urbanized areas with a population of 200,000 or more in the ratio that—
(i) the number of eligible low-income individuals and welfare recipients in each such urbanized area; bears to
(ii) the number of eligible low-income individuals and welfare recipients in all such urbanized areas.
(B) 20 percent of the funds shall be apportioned among the States in the ratio that—
(i) the number of eligible low-income individuals and welfare recipients in urbanized areas with a population of less than 200,000 in each State; bears to
(ii) the number of eligible low-income individuals and welfare recipients in urbanized areas with a population of less than 200,000 in all States.
(C) 20 percent of the funds shall be apportioned among the States in the ratio that—
(i) the number of eligible low-income individuals and welfare recipients in other than urbanized areas in each State; bears to
(ii) the number of eligible low-income individuals and welfare recipients in other than urbanized areas in all States.
(2)
(A) funds apportioned under paragraph (1)(A) shall be used for projects serving urbanized areas with a population of 200,000 or more;
(B) funds apportioned under paragraph (1)(B) shall be used for projects serving urbanized areas with a population of less than 200,000; and
(C) funds apportioned under paragraph (1)(C) shall be used for projects serving other than urbanized areas.
(3)
(A) for projects serving areas other than the area specified in paragraph (2)(B) or (2)(C), as the case may be, if the Governor of the State certifies that all of the objectives of this section are being met in the specified area; or
(B) for projects anywhere in the State if the State has established a statewide program for meeting the objectives of this section.
(d)
(1)
(2)
(3)
(4)
(e)
(1)
(2)
(3)
(f)
(1)
(2)
(g)
(1)
(2)
(3)
(A) the projects selected were derived from a locally developed, coordinated public transit-human services transportation plan; and
(B) the plan was developed through a process that included representatives of public, private, and nonprofit transportation and human services providers and participation by the public.
(h)
(1)
(2)
(3)
(A) may be provided from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, a service agreement with a State or local social service agency or a private social service organization, or new capital; and
(B) may be derived from amounts appropriated to or made available to a department or agency of the Government (other than the Department of Transportation) that are eligible to be expended for transportation.
(4)
(5)
(i)
(1)
(A) conduct a study to evaluate the grant program authorized by this section; and
(B) transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report describing the results of the study under subparagraph (A).
(2)
(A) conduct a study to evaluate the effectiveness of the grant program authorized by this section and the effectiveness of recipients making grants to subrecipients under this section; and
(B) transmit to the committees referred to in paragraph (1)(B) a report describing the results of the study under subparagraph (A).
(Added Pub. L. 109–59, title III, §3018(a), Aug. 10, 2005, 119 Stat. 1601.)
References in Text
Section 132 of the Internal Revenue Code of 1986, referred to in subsec. (a)(1)(D), is classified to section 132 of Title 26, Internal Revenue Code.
The Social Security Act, referred to in subsec. (a)(6), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Part A of title IV of the Act is classified generally to part A (§601 et seq.) of subchapter IV of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
The date of enactment of the Federal Public Transportation Act of 2005, referred to in subsec. (i), is the date of enactment of title III of Pub. L. 109–59, which was approved Aug. 10, 2005.
Prior Provisions
A prior section 5316, Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 814; Pub. L. 104–59, title III, §338(c)(5), Nov. 28, 1995, 109 Stat. 605, related to university research institutes, prior to repeal by Pub. L. 105–178, title V, §5110(c), June 9, 1998, 112 Stat. 444.
1 So in original. Probably should be followed by “the”.
§5317. New freedom program
(a)
(1)
(2)
(b)
(1)
(2)
(c)
(1)
(A) 60 percent of the funds shall be apportioned among designated recipients (as defined in section 5307(a)(2)) for urbanized areas with a population of 200,000 or more in the ratio that—
(i) the number of individuals with disabilities in each such urbanized area; bears to
(ii) the number of individuals with disabilities in all such urbanized areas.
(B) 20 percent of the funds shall be apportioned among the States in the ratio that—
(i) the number of individuals with disabilities in urbanized areas with a population of less than 200,000 in each State; bears to
(ii) the number of individuals with disabilities in urbanized areas with a population of less than 200,000 in all States.
(C) 20 percent of the funds shall be apportioned among the States in the ratio that—
(i) the number of individuals with disabilities in other than urbanized areas in each State; bears to
(ii) the number of individuals with disabilities in other than urbanized areas in all States.
(2)
(A) Funds apportioned under paragraph (1)(A) shall be used for projects serving urbanized areas with a population of 200,000 or more.
(B) Funds apportioned under paragraph (1)(B) shall be used for projects serving urbanized areas with a population of less than 200,000.
(C) Funds apportioned under paragraph (1)(C) shall be used for projects serving other than urbanized areas.
(3)
(A)
(B)
(C)
(d)
(1)
(2)
(3)
(4)
(e)
(1)
(2)
(f)
(1)
(2)
(3)
(A) the projects selected were derived from a locally developed, coordinated public transit-human services transportation plan; and
(B) the plan was developed through a process that included representatives of public, private, and nonprofit transportation and human services providers and participation by the public.
(g)
(1)
(2)
(3)
(A) may be provided from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, a service agreement with a State or local social service agency or a private social service organization, or new capital; and
(B) may be derived from amounts appropriated to or made available to a department or agency of the Government (other than the Department of Transportation) that are eligible to be expended for transportation.
(4)
(5)
(Added Pub. L. 109–59, title III, §3019(a), Aug. 10, 2005, 119 Stat. 1605.)
References in Text
The Americans with Disabilities Act of 1990, referred to in subsec. (b)(1), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327, as amended, which is classified principally to chapter 126 (§12101 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of Title 42 and Tables.
Prior Provisions
A prior section 5317, Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 815; Pub. L. 104–287, §5(14), Oct. 11, 1996, 110 Stat. 3390; Pub. L. 105–178, title III, §3029(b)(7), June 9, 1998, 112 Stat. 372, related to transportation centers, prior to repeal by Pub. L. 105–178, title V, §5110(c), June 9, 1998, 112 Stat. 444.
§5318. Bus testing facility
(a)
(b)
(c)
(d)
(e)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 817; Pub. L. 103–429, §6(8), Oct. 31, 1994, 108 Stat. 4378; Pub. L. 105–178, title III, §§3018, 3029(b)(8), June 9, 1998, 112 Stat. 361, 372; Pub. L. 109–59, title III, §§3002(b)(4), 3020, Aug. 10, 2005, 119 Stat. 1545, 1608.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5318(a) | 49 App.:1608 (note). | Apr. 2, 1987, Pub. L. 100–17, §317(b)(1), 101 Stat. 233; Dec. 18, 1991, Pub. L. 102–240, §6021(b), 105 Stat. 2184. |
| 5318(b) | 49 App.:1608 (note). | Apr. 2, 1987, Pub. L. 100–17, §317(b)(2), 101 Stat. 233. |
| 5318(c) | 49 App.:1608 (note). | Apr. 2, 1987, Pub. L. 100–17, §317(b)(3), 101 Stat. 233. |
| 5318(d) | 49 App.:1602(m) (2d–last sentences). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §3(m) (2d–last sentences); added Dec. 18, 1991, Pub. L. 102–240, §3009, 105 Stat. 2093. |
| 5318(e) | 49 App.:1608 (note). | Apr. 2, 1987, Pub. L. 100–17, §317(b)(5), 101 Stat. 233; Dec. 18, 1991, Pub. L. 102–240, §6021(c), 105 Stat. 2184. |
| 49 App.:1608 (note). | Apr. 2, 1987, Pub. L. 100–17, 101 Stat. 132, §317(b)(6); added Dec. 18, 1991, Pub. L. 102–240, §6021(d), 105 Stat. 2184. |
In subsection (c), the words “Under the contract entered into under paragraph (2)” are omitted as surplus.
In subsection (d), the words “to the operator of the facility” are omitted as surplus.
In subsection (e), the text of section 317(b)(5) of the Surface Transportation and Relocation Assistance Act of 1987 (Public Law 100–17, 101 Stat. 132) is omitted as obsolete. The words “operating and maintaining the facility” are substituted for “described in paragraph (3)” for clarity.
Pub. L. 103–429
This amends 49:5318(e) to correct an erroneous cross-reference.
Amendments
2005—Subsec. (a). Pub. L. 109–59, §3020(a), amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: “The Secretary of Transportation shall establish one facility for testing a new bus model for maintainability, reliability, safety, performance (including braking performance), structural integrity, fuel economy, emissions, and noise. The facility shall be established by renovating a facility built with assistance of the United States Government to train rail personnel.”
Subsec. (b). Pub. L. 109–59, §3002(b)(4), substituted “public transportation” for “mass transportation”.
Subsec. (d). Pub. L. 109–59, §3020(b), substituted “to carry out this section” for “under section 5309(m)(1)(C) of this title”.
Subsec. (e). Pub. L. 109–59, §3020(c), amended heading and text of subsec. (e) generally. Prior to amendment, text read as follows: “The Secretary has a bus testing revolving loan fund consisting of amounts authorized for the fund under section 317(b)(5) of the Surface Transportation and Uniform Relocation Assistance Act of 1987. The Secretary shall make available as repayable advances from the fund to the person operating and maintaining the facility amounts to operate and maintain the facility.”
1998—Subsec. (b). Pub. L. 105–178, §3018(a), substituted “enter into a contract or cooperative agreement with, or make a grant to,” for “make a contract with” and inserted “or organization” after “qualified person”, “, cooperative agreement, or grant” after “The contract”, and “mass transportation” after “and other”.
Subsec. (d). Pub. L. 105–178, §§3018(b), 3029(b)(8), substituted “enter into a contract or cooperative agreement with, or make a grant to,” for “make a contract with” and “5309(m)(1)(C) of this title” for “5338(j)(5) of this title”.
1994—Subsec. (e). Pub. L. 103–429 inserted “Uniform” before “Relocation”.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
§5319. Bicycle facilities
A project to provide access for bicycles to public transportation facilities, to provide shelters and parking facilities for bicycles in or around public transportation facilities, or to install equipment for transporting bicycles on public transportation vehicles is a capital project eligible for assistance under sections 5307, 5309, and 5311 of this title. Notwithstanding sections 5307(e), 5309(h), and 5311(g) of this title, a grant of the United States Government under this chapter for a project made eligible by this section is for 90 percent of the cost of the project, except that, if the grant or any portion of the grant is made with funds required to be expended under section 5307(k) 1 and the project involves providing bicycle access to public transportation, that grant or portion of that grant shall be at a Federal share of 95 percent.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 818; Pub. L. 105–178, title III, §3019, June 9, 1998, 112 Stat. 362; Pub. L. 109–59, title III, §3002(b)(4), Aug. 10, 2005, 119 Stat. 1545.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5319 | 49 App.:1621. | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §25; added Apr. 2, 1987, Pub. L. 100–17, §326, 101 Stat. 237. |
The words “For purposes of this chapter” and “racks or other” are omitted as surplus. The word “grant” is substituted for “share” for consistency in this chapter.
References in Text
Subsec. (k) of section 5307, referred to in text, was repealed and subsec. (n) was redesignated (k) by Pub. L. 109–59, title III, §3009(a), Aug. 10, 2005, 119 Stat. 1568.
Amendments
2005—Pub. L. 109–59 substituted “public transportation” for “mass transportation” wherever appearing.
1998—Pub. L. 105–178 substituted “made eligible by this section is for 90 percent of the cost of the project, except that, if the grant or any portion of the grant is made with funds required to be expended under section 5307(k) and the project involves providing bicycle access to mass transportation, that grant or portion of that grant shall be at a Federal share of 95 percent” for “under this section is for 90 percent of the cost of the project”.
1 See References in Text note below.
§5320. Alternative transportation in parks and public lands
(a)
(1)
(A)
(i) ensuring access to all, including persons with disabilities;
(ii) improving conservation and park and public land opportunities in urban areas through partnering with State and local governments; and
(iii) improving park and public land transportation infrastructure.
(B)
(2)
(3)
(b)
(1)
(A) a unit of the National Park System;
(B) a unit of the National Wildlife Refuge System;
(C) a recreational area managed by the Bureau of Land Management;
(D) a recreation area managed by the Bureau of Reclamation; and
(E) a unit of the National Forest System.
(2)
(3)
(4)
(A) a Federal land management agency; or
(B) a State, tribal, or local governmental authority with jurisdiction over land in the vicinity of an eligible area acting with the consent of the Federal land management agency, alone or in partnership with a Federal land management agency or other governmental or nongovernmental participant.
(5)
(A) is an activity described in section 5302(a)(1)(A), 5303, 5304, 5305, or 5309(b);
(B) involves—
(i) the purchase of rolling stock that incorporates clean fuel technology or the replacement of buses of a type in use on the date of enactment of the Federal Public Transportation Act of 2005 with clean fuel vehicles; or
(ii) the deployment of alternative transportation vehicles that introduce innovative technologies or methods;
(C) relates to the capital costs of coordinating the Federal land management agency public transportation systems with other public transportation systems;
(D) provides a nonmotorized transportation system (including the provision of facilities for pedestrians, bicycles, and nonmotorized watercraft);
(E) provides waterborne access within or in the vicinity of an eligible area, as appropriate to and consistent with this section; or
(F) is any other alternative transportation project that—
(i) enhances the environment;
(ii) prevents or mitigates an adverse impact on a natural resource;
(iii) improves Federal land management agency resource management;
(iv) improves visitor mobility and accessibility and the visitor experience;
(v) reduces congestion and pollution (including noise pollution and visual pollution); or
(vi) conserves a natural, historical, or cultural resource (excluding rehabilitation or restoration of a non-transportation facility).
(c)
(1) technical assistance in alternative transportation;
(2) interagency and multidisciplinary teams to develop Federal land management agency alternative transportation policy, procedures, and coordination; and
(3) the development of procedures and criteria relating to the planning, selection, and funding of qualified projects and the implementation and oversight of the program of projects in accordance with this section.
(d)
(1)
(2)
(3)
(e)
(1) if the qualified participant is a Federal land management agency—
(A) the Secretary, in cooperation with the Secretary of the Interior, shall develop transportation planning procedures that are consistent with—
(i) the metropolitan planning provisions under section 5303;
(ii) the statewide planning provisions under section 5304; and
(iii) the public participation requirements under section 5307(d); and
(B) in the case of a qualified project that is at a unit of the National Park System, the planning process shall be consistent with the general management plans of the unit of the National Park System; and
(2) if the qualified participant is a State or local governmental authority, or more than one State or local governmental authority in more than one State, the qualified participant shall—
(A) comply with the metropolitan planning provisions under section 5303;
(B) comply with the statewide planning provisions under section 5304;
(C) comply with the public participation requirements under section 5307(d); and
(D) consult with the appropriate Federal land management agency during the planning process.
(f)
(1)
(2)
(A) visitation levels and the revenue derived from user fees in the eligible area in which the qualified project is carried out;
(B) the extent to which the qualified participant coordinates with a public transportation authority or private entity engaged in public transportation;
(C) private investment in the qualified project, including the provision of contract services, joint development activities, and the use of innovative financing mechanisms;
(D) the clear and direct benefit to the qualified participant; and
(E) any other matters that the Secretary considers appropriate to carry out this section.
(3)
(g)
(1)
(2)
(A) the justification for the qualified project, including the extent to which the qualified project would conserve resources, prevent or mitigate adverse impact, and enhance the environment;
(B) the location of the qualified project, to ensure that the selected qualified projects—
(i) are geographically diverse nationwide; and
(ii) include qualified projects in eligible areas located in both urban areas and rural areas;
(C) the size of the qualified project, to ensure that there is a balanced distribution;
(D) the historical and cultural significance of a qualified project;
(E) safety;
(F) the extent to which the qualified project would—
(i) enhance livable communities;
(ii) reduce pollution (including noise pollution, air pollution, and visual pollution);
(iii) reduce congestion; and
(iv) improve the mobility of people in the most efficient manner; and
(G) any other matters that the Secretary of the Interior considers appropriate to carry out this section, including—
(i) visitation levels;
(ii) the use of innovative financing or joint development strategies; and
(iii) coordination with gateway communities.
(h)
(1)
(A) the qualified participant applies for the payment;
(B) the Secretary approves the payment; and
(C) before carrying out that part of the qualified project, the Secretary approves the plans and specifications in the same manner as plans and specifications are approved for other projects assisted under this section.
(2)
(A)
(B)
(C)
(i)
(1)
(2)
(3)
(A) the qualified project shall, to the extent the Secretary considers appropriate, be carried out through a full funding grant agreement in accordance with section 5309(g); and
(B) the qualified participant shall prepare a project management plan in accordance with section 5327(a).
(j)
(k)
(1)
(A) conserve resources;
(B) prevent or mitigate adverse environmental impact;
(C) improve visitor mobility, accessibility, and enjoyment; and
(D) reduce pollution (including noise pollution and visual pollution).
(2)
(3)
(l)
(m)
(1)
(A) the Committee on Banking, Housing, and Urban Affairs of the Senate;
(B) the Committee on Transportation and Infrastructure of the House of Representatives; and
(C) the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.
(2)
(Added Pub. L. 109–59, title III, §3021(a), Aug. 10, 2005, 119 Stat. 1608.)
References in Text
The date of enactment of the Federal Public Transportation Act of 2005, referred to in subsec. (b)(5)(B)(i), is the date of enactment of title III of Pub. L. 109–59, which was approved Aug. 10, 2005.
Prior Provisions
A prior section 5320, Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 818; Pub. L. 103–429, §6(9), Oct. 31, 1994, 108 Stat. 4379; Pub. L. 105–178, title III, §3009(h)(3)(A), June 9, 1998, 112 Stat. 356; Pub. L. 105–206, title IX, §9009(h)(1), July 22, 1998, 112 Stat. 856, related to construction of a suspended light rail system technology pilot project, prior to repeal by Pub. L. 109–59, title III, §3021(a), Aug. 10, 2005, 119 Stat. 1608.
Change of Name
Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
§5321. Crime prevention and security
The Secretary of Transportation may make capital grants from amounts available under section 5338 of this title to public transportation systems for crime prevention and security. This chapter does not prevent the financing of a project under this section when a local governmental authority other than the grant applicant has law enforcement responsibilities.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 820; Pub. L. 109–59, title III, §3002(b)(4), Aug. 10, 2005, 119 Stat. 1545.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5321 | 49 App.:1620. | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §24; added Apr. 2, 1987, Pub. L. 100–17, §325, 101 Stat. 237. |
Amendments
2005—Pub. L. 109–59 substituted “public transportation” for “mass transportation”.
Regulations
Pub. L. 109–59, title III, §3028(c), Aug. 10, 2005, 119 Stat. 1624, provided that: “Not later than 180 days after the date of enactment of this Act [Aug. 10, 2005], the Secretary [of Transportation] and the Secretary of Homeland Security shall issue jointly final regulations to establish the characteristics of and requirements for public transportation security grants, including funding priorities, eligible activities, methods for awarding grants, and limitations on administrative expenses.”
Public Transportation Security
Pub. L. 109–59, title III, §3028(b), Aug. 10, 2005, 119 Stat. 1624, provided that:
“(1)
“(2)
“(A) establish a process to develop security standards for public transportation agencies;
“(B) create a method of direct coordination with public transportation agencies on security matters;
“(C) address any other issues determined to be appropriate by the Secretary and the Secretary of Homeland Security; and
“(D) include a formal and permanent mechanism to ensure coordination and involvement by the Department of Transportation, as appropriate, in public transportation security.”
§5322. Human resource programs
(a)
(1) an employment training program;
(2) an outreach program to increase minority and female employment in public transportation activities;
(3) research on public transportation personnel and training needs; and
(4) training and assistance for minority business opportunities.
(b)
(1)
(2)
(A)
(B)
(C)
(i) tuition and other charges to the fellowship recipient;
(ii) additional costs incurred by the training institution and billed to the grant recipient; and
(iii) the regular salary of the fellowship recipient for the period of the fellowship to the extent the salary is actually paid or reimbursed by the grant recipient.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 820; Pub. L. 109–59, title III, §§3002(b)(4), 3022, Aug. 10, 2005, 119 Stat. 1545, 1614.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5322 | 49 App.:1616. | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §20; added Nov. 6, 1978, Pub. L. 95–599, §315, 92 Stat. 2751. |
In this section, before clause (1), the word “make” is substituted for “provide financial assistance by” to eliminate unnecessary words. The words “national and local” are omitted as surplus. The text of 49 App.:1616 (last sentence) is omitted as surplus.
Amendments
2005—Pub. L. 109–59, §3022, designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
Pub. L. 109–59, §3002(b)(4), substituted “public transportation” for “mass transportation” wherever appearing.
§5323. General provisions on assistance
(a)
(1)
(A) the Secretary determines that such financial assistance is essential to a program of projects required under sections 5303, 5304, and 5306;
(B) the Secretary determines that the program provides for the participation of private companies engaged in public transportation to the maximum extent feasible; and
(C) just compensation under State or local law will be paid to the company for its franchise or property.
(2)
(b)
(1)
(A) provide an adequate opportunity for public review and comment on the project;
(B) after providing notice, hold a public hearing on the project if the project affects significant economic, social, or environmental interests;
(C) consider the economic, social, and environmental effects of the project; and
(D) find that the project is consistent with official plans for developing the community.
(2)
(A) shall include a concise description of the proposed project; and
(B) shall be published in a newspaper of general circulation in the geographic area the project will serve.
(3)
(A) a certification that the applicant has complied with the requirements of this subsection; and
(B) in the environmental record for the project, evidence that the applicant has complied with the requirements of this subsection.
(c)
(d)
(1)
(2)
(A)
(B)
(C)
(e)
(1)
(2)
(3)
(4)
(A)
(B)
(f)
(1)
(A) to an applicant that operates a school system in the area to be served and a separate and exclusive schoolbus program for the school system;
(B) unless a private schoolbus operator can provide adequate transportation that complies with applicable safety standards at reasonable rates; and
(C) to a State or local governmental authority if it or a direct predecessor in interest from which it acquired the duty of transporting school children and personnel, and facilities to transport them, provided schoolbus transportation at any time after November 25, 1973, but before November 26, 1974.
(2)
(g)
(h)
(1) pay ordinary governmental or nonproject operating expenses; or
(2) support a procurement that uses an exclusionary or discriminatory specification.
(i)
(1)
(2)
(j)
(2) The Secretary of Transportation may waive paragraph (1) of this subsection if the Secretary finds that—
(A) applying paragraph (1) would be inconsistent with the public interest;
(B) the steel, iron, and goods produced in the United States are not produced in a sufficient and reasonably available amount or are not of a satisfactory quality;
(C) when procuring rolling stock (including train control, communication, and traction power equipment) under this chapter—
(i) the cost of components and subcomponents produced in the United States is more than 60 percent of the cost of all components of the rolling stock; and
(ii) final assembly of the rolling stock has occurred in the United States; or
(D) including domestic material will increase the cost of the overall project by more than 25 percent.
(3)
(4) In this subsection, labor costs involved in final assembly are not included in calculating the cost of components.
(5) The Secretary of Transportation may not make a waiver under paragraph (2) of this subsection for goods produced in a foreign country if the Secretary, in consultation with the United States Trade Representative, decides that the government of that foreign country—
(A) has an agreement with the United States Government under which the Secretary has waived the requirement of this subsection; and
(B) has violated the agreement by discriminating against goods to which this subsection applies that are produced in the United States and to which the agreement applies.
(6) A person is ineligible under subpart 9.4 of chapter 1 of title 48, Code of Federal Regulations, to receive a contract or subcontract made with amounts authorized under the Federal Public Transportation Act of 2005 if a court or department, agency, or instrumentality of the Government decides the person intentionally—
(A) affixed a “Made in America” label, or a label with an inscription having the same meaning, to goods sold in or shipped to the United States that are used in a project to which this subsection applies but not produced in the United States; or
(B) represented that goods described in clause (A) of this paragraph were produced in the United States.
(7) The Secretary of Transportation may not impose any limitation on assistance provided under this chapter that restricts a State from imposing more stringent requirements than this subsection on the use of articles, materials, and supplies mined, produced, or manufactured in foreign countries in projects carried out with that assistance or restricts a recipient of that assistance from complying with those State-imposed requirements.
(8)
(9)
(k)
(1) shall participate and coordinate with recipients of assistance under this chapter in the design and delivery of transportation services; and
(2) shall be included in the planning for those services.
(l)
(m)
(n)
(o)
(p)
(1) the incidental use does not interfere with the recipient's public transportation operations;
(2) all costs related to the incidental use are fully recaptured by the recipient from the nontransit public entity or private entity;
(3) the recipient uses revenues received from the incidental use in excess of costs for planning, capital, and operating expenses that are incurred in providing public transportation; and
(4) private entities pay all applicable excise taxes on fuel.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 821; Pub. L. 103–429, §6(10), Oct. 31, 1994, 108 Stat. 4379; Pub. L. 104–287, §5(15), Oct. 11, 1996, 110 Stat. 3390; Pub. L. 105–178, title III, §3020, June 9, 1998, 112 Stat. 362; Pub. L. 109–59, title III, §§3002(b)(4), 3023(a)–(i)(3), (j)–(m), Aug. 10, 2005, 119 Stat. 1545, 1615–1619.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5323(a)(1) | 49 App.:1602(e). | July 9, 1964, Pub. L. 88–365, §3(e), 78 Stat. 303; Sept. 8, 1966, Pub. L. 89–562, §2(b)(1), 80 Stat. 716; May 25, 1967, Pub. L. 90–19, §20(a), 81 Stat. 25; Oct. 15, 1970, Pub. L. 91–453, §2(1), 84 Stat. 962; Nov. 6, 1978, Pub. L. 95–599, §302(c), 92 Stat. 2737. |
| 5323(a)(2) | 49 App.:1608(e). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §12(e), (g); added Nov. 6, 1978, Pub. L. 95–599, §308(d), 92 Stat. 2747. |
| 5323(b) | 49 App.:1602(d). | July 9, 1964, Pub. L. 88–365, §3(d), 78 Stat. 303; May 25, 1967, Pub. L. 90–19, §20(a), 81 Stat. 25; restated Oct. 15, 1970, Pub. L. 91–453, §2(2), 84 Stat. 964. |
| 5323(c) | 49 App.:1608(h)(1). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §12(h)(1); added Apr. 2, 1987, Pub. L. 100–17, §317(a), 101 Stat. 233. |
| 5323(d) | 49 App.:1602(f). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §3(f); added Jan. 4, 1974, Pub. L. 93–650, §1(a), 89 Stat. 2–1; Aug. 22, 1974, Pub. L. 93–383, §813(a), 88 Stat. 737; Nov. 26, 1974, Pub. L. 93–503, §109(b), 88 Stat. 1573. |
| 5323(e) | 49 App.:1608(g). | |
| 5323(f) | 49 App.:1602(g). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §3(g); added Nov. 26, 1974, Pub. L. 93–503, §109(a), 88 Stat. 1572. |
| 5323(g) | 49 App.:1602a. | Aug. 13, 1973, Pub. L. 93–87, §164, 87 Stat. 281; Jan. 4, 1974, Pub. L. 93–650, §1(b), 89 Stat. 2–1; Aug. 22, 1974, Pub. L. 93–383, §813(b), 88 Stat. 737. |
| 5323(h) | 49 App.:1602(a)(2)(C). | July 9, 1964, Pub. L. 88–365, §3(a)(2)(C), 78 Stat. 303; May 25, 1967, Pub. L. 90–19, §20(a), 81 Stat. 25; Oct. 15, 1970, Pub. L. 91–453, §2(2), 84 Stat. 962; Nov. 26, 1974, Pub. L. 93–503, §§102, 104, 106, 88 Stat. 1566, 1571, 1572; restated Nov. 6, 1978, Pub. L. 95–599, §302(a), 92 Stat. 2736. |
| 5323(i) | 49 App.:1608(m). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §12(m); added Dec. 18, 1991, Pub. L. 102–240, §3020, 105 Stat. 2110. |
| 5323(j)(1) | 23:101 (note). | Jan. 6, 1983, Pub. L. 97–424, §165(a) (related to the Urban Mass Transportation Act of 1964), 96 Stat. 2136; Mar. 9, 1984, Pub. L. 98–229, §10, 98 Stat. 57; Dec. 18, 1991, Pub. L. 102–240, §1048(a), 105 Stat. 1999. |
| 5323(j)(2) | 23:101 (note). | Jan. 6, 1983, Pub. L. 97–424, §165(b) (related to the Urban Mass Transportation Act of 1964), 96 Stat. 2137; Apr. 2, 1987, Pub. L. 100–17, §§133(a)(6), 337(a)(1), (b), (c), 101 Stat. 171, 241. |
| 5323(j)(3) | 23:101 (note). | Jan. 6, 1983, Pub. L. 97–424, §165(c) (related to the Urban Mass Transportation Act of 1964), 96 Stat. 2137. |
| 5323(j)(4) | 23:101 (note). | Jan. 6, 1983, Pub. L. 97–424, 96 Stat. 2097, §165(g) (related to the Urban Mass Transportation Act of 1964); added Dec. 18, 1991, Pub. L. 102–240, §1048(b), 105 Stat. 2000. |
| 5323(j)(5) | 23:101 (note). | Jan. 6, 1983, Pub. L. 97–424, 96 Stat. 2097, §165(f) (related to the Urban Mass Transportation Act of 1964); added Dec. 18, 1991, Pub. L. 102–240, §1048(b), 105 Stat. 1999. |
| 5323(j)(6) | 23:101 (note). | Jan. 6, 1983, Pub. L. 97–424, §165(d) (related to the Urban Mass Transportation Act of 1964), 96 Stat. 2137. |
| 5323(j)(7) | 23:101 (note). | Jan. 6, 1983, Pub. L. 97–424, 96 Stat. 2097, §165(e) (related to the Urban Mass Transportation Act of 1964); added Dec. 18, 1991, Pub. L. 102–240, §1048(b), 105 Stat. 1999. |
| 5323(k) | 49 App.:1607(q). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §8(q); added Oct. 6, 1992, Pub. L. 102–388, §502(i), 106 Stat. 1566. |
In subsection (a)(1), before clause (A), the words “directly or indirectly”, “any facilities or other”, “reconstructing”, and “for the purpose of providing by contract or otherwise” are omitted as surplus. In clause (C), the words “and adequate”, “acquisition of”, and “applicable” are omitted as surplus. In clause (D), the words “the requirements of” are omitted as surplus.
In subsection (a)(2), the words “may not use” are substituted for “None of the provisions of this chapter shall be construed to authorize” to eliminate unnecessary words. The words “the purpose of financing” are omitted as surplus.
In subsections (b)(1), (c), and (e), the words “except section 5307” are added for clarity because of 49 App.:1607a(e)(1), restated as section 5307(n)(2) of the revised title.
In subsection (b)(1), before clause (A), the word “reconstruction” is omitted as surplus. In clause (B), the words “in the matter” are omitted as surplus. In clause (C), the word “environmental” is substituted for “and its impact on the environment” to eliminate unnecessary words. In clause (D), the word “comprehensive” is omitted as surplus.
In subsection (b)(2), the word “description” is substituted for “statement” for clarity.
In subsections (d)–(f) and (h), the word “Federal” is omitted as surplus.
In subsections (d) and (f), the word “provide” is substituted for “engage in”, and the word “transportation” is substituted for “operations”, for consistency.
In subsection (d)(1), the words “with the Secretary”, “and equitable”, and “publicly and privately owned” are omitted as surplus.
In subsection (d)(2), the words “alleged”, “take appropriate action to”, “and conditions”, and “for mass transportation facilities and equipment” are omitted as surplus.
In subsection (e), the words “This subsection shall apply to” and “which is acquiring such buses” are omitted as surplus. The words “occurring on or after November 6, 1978” are omitted as executed. The words “In the case of” are omitted as surplus. The words “may include” are substituted for “the Secretary shall permit . . . to provide in advertising for bids for” to eliminate unnecessary words.
In subsection (f)(1), before clause (A), the words “for use in providing public”, “to any applicant for such assistance”, and “and the Secretary” are omitted as surplus. The word “agrees” is substituted for “shall have first entered into an agreement that such applicant” to eliminate unnecessary words. In clause (A), the words “with respect to operation of a schoolbus program” are omitted as surplus.
Subsection (g) is substituted for 49 App.:1602a to eliminate unnecessary words.
In subsection (j), the word “goods” is substituted for “products” for consistency.
In subsection (j)(1), the words “Notwithstanding any other provision of law” are omitted as surplus.
In subsection (j)(2), before clause (A), the words “The Secretary of Transportation may waive” are substituted for “shall not apply” for clarity. In clause (B), the words “steel, iron, and goods” are substituted for “materials and products” for consistency. In clause (C), before subclause (i), the words “bus and other” are omitted as surplus. In subclauses (i) and (ii), the words “rolling stock” are substituted for “vehicle or equipment” for consistency. In clause (D), the word “contract” is omitted as surplus.
In subsection (j)(4), before clause (A), the words “The Secretary of Transportation may not make a waiver under” are substituted for “shall not apply” for clarity. The words “government of a foreign country” are substituted for “foreign country”, and the word “Government” is added, for consistency in the revised title and with other titles of the United States Code.
In subsection (j)(5), before clause (A), the words “the debarment, suspension, and ineligibility procedures in” are omitted as surplus. The words “department, agency, or instrumentality of the Government” are substituted for “Federal agency” for consistency in the revised title and with other titles of the Code. In clause (A), the word “produced” is substituted for “made” for consistency.
In subsection (k), the word “statewide” is omitted as surplus.
Pub. L. 103–429, §6(10)(A)
This makes a clarifying amendment to the catchline for 49:5323(j).
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5323(l) | 49 App.:1608(j). | July 9, 1964, Pub. L. 88–365, §12(j), as added Apr. 2, 1987, Pub. L. 100–17, §319, 101 Stat. 234. |
The word “review” is substituted for “audit” for clarity. The words “buses and other” are omitted as surplus.
Pub. L. 104–287
This amends 49:5315(d), 5317(b)(5), and 5323(b)(1), (c), and (e) to correct erroneous cross-references.
References in Text
The Americans with Disabilities Act of 1990, referred to in subsec. (i)(1), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327, as amended, which is classified principally to chapter 126 (§12101 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of Title 42 and Tables.
The Clean Air Act, referred to in subsec. (i)(1), is act July 14, 1955, ch. 360, 69 Stat. 322, as amended, which is classified generally to chapter 85 (§7401 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 7401 of Title 42 and Tables.
The Federal Public Transportation Act of 2005, referred to in subsec. (j)(6), is title III of Pub. L. 109–59, Aug. 10, 2005, 119 Stat. 1544. For complete classification of this Act to the Code, see Short Title of 2005 Amendment note set out under section 5101 of this title and Tables.
Subsec. (e) of section 5336, referred to in subsec. (n), was redesignated subsec. (d) by Pub. L. 109–59, title III, §3034(a)(2), Aug. 10, 2005, 119 Stat. 1627.
Amendments
2005—Subsec. (a)(1). Pub. L. 109–59, §3023(a)(1), inserted heading and text of par. (1) and struck out former par. (1) which authorized use of financial assistance provided under this chapter for certain purposes only if the Secretary finds the assistance is essential to a program of projects required under sections 5303–5306 of this title, the Secretary finds that the program, to the maximum extent feasible, provides for the participation of private companies, just compensation will be paid to the company for its franchise or property, and the Secretary of Labor certifies that the assistance complies with section 5333(b) of this title.
Subsec. (a)(2). Pub. L. 109–59, §3023(a)(2), inserted heading.
Pub. L. 109–59, §3002(b)(4), substituted “public transportation” for “mass transportation”.
Subsec. (b). Pub. L. 109–59, §3023(b), reenacted heading without change and amended text of subsec. (b) generally, substituting provisions relating to general requirements, notice, and application requirements, consisting of pars. (1) to (3), for provisions relating to application requirements and notice, consisting of pars. (1) and (2).
Subsec. (c). Pub. L. 109–59, §3023(c), amended heading and text of subsec. (c) generally. Prior to amendment, text read as follows: “Amounts appropriated or made available under this chapter after September 30, 1989, may be obligated or expended to acquire a new bus model only if a bus of the model has been tested at the facility established under section 5318 of this title.”
Subsec. (d)(1). Pub. L. 109–59, §3023(d)(1), inserted heading.
Pub. L. 109–59, §3002(b)(4), substituted “public transportation” for “mass transportation” in two places.
Subsec. (d)(2). Pub. L. 109–59, §3023(d)(2), inserted heading and text of par. (2) and struck out former par. (2) which read as follows: “On receiving a complaint about a violation of an agreement, the Secretary of Transportation shall investigate and decide whether a violation has occurred. If the Secretary decides that a violation has occurred, the Secretary shall correct the violation under terms of the agreement. In addition to a remedy specified in the agreement, the Secretary may bar a recipient under this subsection or an operator from receiving further assistance when the Secretary finds a continuing pattern of violations of the agreement.”
Subsec. (e). Pub. L. 109–59, §3023(e), amended heading and text of subsec. (e) generally. Prior to amendment, text read as follows: “The initial advertising by a State or local governmental authority for bids to acquire buses using financial assistance under this chapter may include passenger seat functional specifications that are at least equal to performance specifications the Secretary of Transportation prescribes. The specifications shall be based on a finding by the State or local governmental authority of local requirements for safety, comfort, maintenance, and life cycle costs.”
Subsec. (f). Pub. L. 109–59, §3023(f), in par. (1) inserted heading and realigned margins, added par. (2), and struck out former par. (2) which read as follows: “An applicant violating an agreement under this subsection may not receive other financial assistance under this chapter.”
Subsec. (f)(1). Pub. L. 109–59, §3002(b)(4), substituted “public transportation” for “mass transportation” in two places in introductory provisions.
Subsec. (g). Pub. L. 109–59, §3023(g), substituted “133 and 142” for “103(e)(4) and 142(a) or (c)” in two places.
Subsec. (i). Pub. L. 109–59, §3023(h), substituted “Government's” for “Government” in subsec. heading, designated existing provisions as par. (1), inserted par. heading, inserted “or facilities” after “equipment” wherever appearing, and added par. (2).
Subsec. (j)(3) to (5). Pub. L. 109–59, §3023(i)(1), added par. (3) and redesignated former pars. (3) and (4) as (4) and (5), respectively. Former par. (5) redesignated (6).
Subsec. (j)(6). Pub. L. 109–59, §3023(i)(1)(A), (2), redesignated par. (5) as (6) and substituted “Federal Public Transportation Act of 2005” for “Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102–240, 105 Stat. 1914)” in introductory provisions. Former par. (6) redesignated (7).
Subsec. (j)(7), (8). Pub. L. 109–59, §3023(i)(1)(A), redesignated pars. (6) and (7) as (7) and (8), respectively.
Subsec. (j)(9). Pub. L. 109–59, §3023(i)(3), added par. (9).
Subsec. (l). Pub. L. 109–59, §3023(j), amended heading and text of subsec. (l) generally. Prior to amendment, text read as follows: “The planning and programming requirements of section 135 of title 23 apply to a grant made under sections 5307–5311 of this title.”
Subsec. (m). Pub. L. 109–59, §3023(k), inserted at end “Rolling stock procurements of 20 vehicles or fewer made for the purpose of serving other than urbanized areas and urbanized areas with populations of 200,000 or fewer shall be subject to the same requirements as established for procurements of 10 or fewer buses under the post-delivery purchaser's requirements certification process under section 663.37(c) of title 49, Code of Federal Regulations.”
Subsec. (o). Pub. L. 109–59, §3023(l), substituted “chapter 6 (other than section 609) of title 23” for “the Transportation Infrastructure Finance and Innovation Act of 1998”.
Subsec. (p). Pub. L. 109–59, §3023(m), added subsec. (p).
1998—Subsec. (d). Pub. L. 105–178, §3020(a), substituted “Condition on Charter Bus Transportation Service” for “Buying and Operating Buses” in heading.
Subsec. (i). Pub. L. 105–178, §3020(c), amended heading and text of subsec. (i) generally. Prior to amendment, text read as follows: “A Government grant for a project to be assisted under this chapter that involves acquiring vehicle-related equipment required by the Clean Air Act (42 U.S.C. 7401 et seq.) or the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) is for 90 percent of the net project cost of the equipment that is attributable to complying with those Acts. The Secretary of Transportation, through practicable administrative procedures, may determine the costs attributable to that equipment.”
Subsec. (j)(7). Pub. L. 105–178, §3020(b), inserted heading and amended text of par. (7) generally. Prior to amendment, text read as follows: “Not later than January 1, 1995, the Secretary of Transportation shall submit to Congress a report on purchases from foreign entities waived under paragraph (2) of this subsection in the fiscal years ending September 30, 1992, and September 30, 1993. The report shall indicate the dollar value of items for which waivers were granted.”
Subsecs. (k) to (m). Pub. L. 105–178, §3020(d), added subsec. (k) and redesignated former subsecs. (k) and (l) as (l) and (m), respectively.
Subsec. (n). Pub. L. 105–178, §3020(e), added subsec. (n).
Subsec. (o). Pub. L. 105–178, §3020(f), added subsec. (o).
1996—Subsecs. (b)(1), (c), (e). Pub. L. 104–287 struck out “(except section 5307)” after “under this chapter”.
1994—Subsec. (j). Pub. L. 103–429, §6(10)(A), substituted “America” for “American” in heading.
Subsec. (l). Pub. L. 103–429, §6(10)(B), added subsec. (l).
Effective Date of 1996 Amendment
Amendment by Pub. L. 104–287 effective July 5, 1994, see section 8(1) of Pub. L. 104–287, set out as a note under section 5303 of this title.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
Rulemaking
Pub. L. 109–59, title III, §3023(i)(5), Aug. 10, 2005, 119 Stat. 1618, provided that: “Not later than 180 days after the date of enactment of this Act [Aug. 10, 2005], the Secretary [of Transportation] shall issue a final rule on implementation of the requirements of section 5323(j) of title 49, United States Code (in this paragraph referred to as the ‘Buy America requirements’). The purposes of the regulations shall be as follows:
“(A)
“(B)
“(C)
“(D)
Final Assembly of Buses
Pub. L. 105–178, title III, §3035, June 9, 1998, 112 Stat. 387, provided that:
“(a)
“(b)
1 See References in Text note below.
§5324. Special provisions for capital projects
(a)
(b)
(1)
(2)
(A) the environmental impact of the proposal;
(B) adverse environmental effects that cannot be avoided;
(C) alternatives to the proposal; and
(D) irreversible and irretrievable impacts on the environment.
(3)
(A)
(i) an adequate opportunity to present views was given to all parties having a significant economic, social, or environmental interest;
(ii) the preservation and enhancement of the environment and the interest of the community in which the project is located were considered; and
(iii) no adverse environmental effect is likely to result from the project, or no feasible and prudent alternative to the effect exists and all reasonable steps have been taken to minimize the effect.
(B)
(C)
(c)
(1)
(2)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 824; Pub. L. 109–59, title III, §3024(a), Aug. 10, 2005, 119 Stat. 1619.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5324(a) | 49 App.:1606(a). | July 9, 1964, Pub. L. 88–365, §7(a), 78 Stat. 305; May 25, 1967, Pub. L. 90–19, §20(a), 81 Stat. 25. |
| 5324(b)(1) | 49 App.:1610(a) (last sentence). | July 9, 1964, Pub. L. 88–365, §14(a) (last sentence)–(c), 78 Stat. 308; Sept. 8, 1966, Pub. L. 89–562, §2(a)(1), 80 Stat. 715; May 25, 1967, Pub. L. 90–19, §20(a), 81 Stat. 25; restated Oct. 15, 1970, Pub. L. 91–453, §6, 84 Stat. 966. |
| 5324(b)(2) | 49 App.:1610(b). | |
| 5324(b)(3) | 49 App.:1610(c). | |
| 5324(c) | 49 App.:1608(d). | July 9, 1964, Pub. L. 88–365, §12(d), 78 Stat. 307; Aug. 10, 1965, Pub. L. 89–117, §1109, 79 Stat. 507; Sept. 8, 1966, Pub. L. 89–562, §2(a)(1), 80 Stat. 715; May 25, 1967, Pub. L. 90–19, §20(a), 81 Stat. 25; Nov. 6, 1978, Pub. L. 95–599, §308(c), 92 Stat. 2747. |
In subsection (a), before clause (1), the word “provided” is substituted for “extended” for clarity. The words “to any project” are omitted as surplus. In clause (2), the words “available . . . displaced” are omitted as surplus.
In subsection (b)(1), the words “Health and Human Services” are substituted for “Health, Education, and Welfare” in section 14(a) (last sentence) of the Urban Mass Transportation Act of 1964 (Public Law 88–365, 78 Stat. 308) [subsequently changed to the Federal Transit Act by section 3003(a) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102–240, 105 Stat. 2087)] because of 20:3508(b).
In subsection (b)(2), before clause (A), the words “In carrying out section 5306 of this title” are added for clarity and consistency with subsections (b)(3) and (c) of this section. The word “detailed” is omitted as surplus. In clause (B), the words “should the proposal be implemented” are omitted as surplus. In clause (D), the words “which may be involved in the proposed project should it be implemented” are omitted as surplus.
In subsection (b)(3)(A), before clause (i), the word “financial” is added for clarity. The words “full and complete” are omitted as surplus. In clause (ii), the word “fair” is omitted as surplus. In clause (iii), the word “either” is omitted as surplus.
In subsection (b)(3)(B), the words “before the State or local agency pursuant to section 1602(d) of this Appendix” and “before the State or local public agency . . . to permit him” are omitted as surplus.
In subsection (c), the words “The Secretary of Transportation may not” are substituted for “None of the provisions of this chapter shall be construed to authorize the Secretary to” to eliminate unnecessary words. The words “in any manner . . . mode of” and “rates, fares, tolls, rentals, or other . . . fixed or prescribed . . . by any local public or private transit agency” are omitted as surplus. The words “However, the Secretary may” are substituted for “but nothing in this subsection shall prevent the Secretary from taking such actions as may be necessary to” to eliminate unnecessary words. The words “local governmental authority, corporation, or association” are substituted for “agency or agencies” for consistency with sections 5309 and 5310 of the revised title.
References in Text
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, referred to in subsec. (a), is Pub. L. 91–646, Jan. 2, 1971, 84 Stat. 1894, as amended, which is classified generally to chapter 61 (§4601 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4601 of Title 42 and Tables.
Amendments
2005—Pub. L. 109–59 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (c) relating to requirements of a relocation program for families displaced by a project, consideration of economic, social, and environmental interests, and prohibition against regulating the operation of a mass transportation system for which a grant is made under section 5309 and regulating any charge for the system after a grant is made.
§5325. Contract requirements
(a)
(b)
(1)
(2)
(3)
(A)
(B)
(C)
(D)
(c)
(d)
(1)
(A) means a project under which a recipient enters into a contract with a seller, firm, or consortium of firms to design and build a public transportation system, or an operable segment of such system, that meets specific performance criteria; and
(B) may include an option to finance, or operate for a period of time, the system or segment or any combination of designing, building, operating, or maintaining such system or segment.
(2)
(e)
(1)
(2)
(f)
(1) based on—
(A) initial capital costs; or
(B) performance, standardization, life cycle costs, and other factors; or
(2) with a party selected through a competitive procurement process.
(g)
(h)
(i)
(j)
(1)
(2)
(A) the integrity of the contractor;
(B) the contractor's compliance with public policy;
(C) the contractor's past performance, including the performance reported in the Contractor Performance Assessment Reports required under section 5309(l)(2); and
(D) the contractor's financial and technical resources.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 825; Pub. L. 104–287, §5(16), Oct. 11, 1996, 110 Stat. 3390; Pub. L. 105–178, title III, §3022, June 9, 1998, 112 Stat. 363; Pub. L. 105–206, title IX, §9009(n), July 22, 1998, 112 Stat. 857; Pub. L. 107–217, §3(n)(2), Aug. 21, 2002, 116 Stat. 1302; Pub. L. 109–59, title III, §3025(a), Aug. 10, 2005, 119 Stat. 1620.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5325(a) | 49 App.:1608(b)(1). | July 9, 1964, Pub. L. 88–365, §12(b)(1), 78 Stat. 306; Sept. 8, 1966, Pub. L. 89–562, §2(a)(1), 80 Stat. 715; May 25, 1967, Pub. L. 90–19, §20(a), 81 Stat. 25; Nov. 6, 1978, Pub. L. 95–599, §308(a)(1), 92 Stat. 2745. |
| 5325(b) | 49 App.:1608(b)(2). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §12(b)(2); added Nov. 6, 1978, Pub. L. 95–599, §308(a)(2), 92 Stat. 2745; restated Jan. 6, 1983, Pub. L. 97–424, §308, 96 Stat. 2151. |
| 5325(c) | 49 App.:1608(b)(3). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §12(b)(3); added Apr. 2, 1987, Pub. L. 100–17, §315(a), 101 Stat. 232. |
| 5325(d) | 49 App.:1608(b)(4). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §12(b)(4); added Apr. 2, 1987, Pub. L. 100–17, §316, 101 Stat. 232. |
In subsection (a), the words “reconstruction”, “in furtherance of the purposes”, “by applicants”, “procedures as defined by the Secretary”, “of the contracting parties”, and “the operations or activities under” are omitted as surplus. The words “shall be made available to” are substituted for “shall . . . have access to”, and the words “an officer or employee of the Secretary or Comptroller General” are substituted for “any of their duly authorized representatives”, for consistency in the revised title and with other titles of the United States Code.
Subsection (b) is substituted for 49 App.:1608(b)(2) for clarity. The text of 49 App.:1608(b)(2) (last sentence) is omitted as executed.
Pub. L. 104–287
This amends the catchline for 49:5325(d) to make a clarifying amendment.
References in Text
The date of enactment of the Federal Public Transportation Act of 2005, referred to in subsec. (b)(2), is the date of enactment of title III of Pub. L. 109–59, which was approved Aug. 10, 2005.
The Federal Public Transportation Act of 2005, referred to in subsec. (h), is title III of Pub. L. 109–59, Aug. 10, 2005, 119 Stat. 1544. For complete classification of this Act to the Code, see Short Title of 2005 Amendment note set out under section 5101 of this title and Tables.
Amendments
2005—Pub. L. 109–59 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (c) relating to noncompetitive bidding in subsec. (a), procedures for award of architectural, engineering, and design contracts in subsec. (b), and efficient procurement in subsec. (c).
2002—Subsec. (b). Pub. L. 107–217 substituted “chapter 11 of title 40” for “title IX of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 541 et seq.)”.
1998—Subsec. (b). Pub. L. 105–178, §3022(b), as added by Pub. L. 105–206, inserted “or requirement” after “A contract” and “When awarding such contracts, recipients of assistance under this chapter shall maximize efficiencies of administration by accepting nondisputed audits conducted by other governmental agencies, as provided in subparagraphs (C) through (F) of section 112(b)(2) of title 23, United States Code.” before “This subsection does not apply”.
Pub. L. 105–178, §3022(a)(1), (2), redesignated subsec. (d) as (b) and struck out heading and text of former subsec. (b). Text read as follows: “A recipient of financial assistance of the United States Government under this chapter may make a contract to expend that assistance to acquire rolling stock—
“(1) based on—
“(A) initial capital costs; or
“(B) performance, standardization, life cycle costs, and other factors; or
“(2) with a party selected through a competitive procurement process.”
Subsec. (c). Pub. L. 105–178, §3022(a)(1), (3), added subsec. (c) and struck out heading and text of former subsec. (c). Text read as follows: “A recipient of a grant under section 5307 of this title procuring an associated capital maintenance item under section 5307(b) may make a contract directly with the original manufacturer or supplier of the item to be replaced, without receiving prior approval of the Secretary, if the recipient first certifies in writing to the Secretary that—
“(1) the manufacturer or supplier is the only source for the item; and
“(2) the price of the item is no more than the price similar customers pay for the item.”
Subsec. (d). Pub. L. 105–178, §3022(a)(2), redesignated subsec. (d) as (b).
1996—Subsec. (d). Pub. L. 104–287 substituted “
Effective Date of 1998 Amendment
Title IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, and provisions of Pub. L. 105–178, as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105–206 to be treated as not enacted, see section 9016 of Pub. L. 105–206, set out as a note under section 101 of Title 23, Highways.
Effective Date of 1996 Amendment
Amendment by Pub. L. 104–287 effective July 5, 1994, see section 8(1) of Pub. L. 104–287, set out as a note under section 5303 of this title.
[§5326. Repealed. Pub. L. 109–59, title III, §3025(b), Aug. 10, 2005, 119 Stat. 1622]
Section, Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 826; Pub. L. 103–429, §6(11), Oct. 31, 1994, 108 Stat. 4379; Pub. L. 105–178, title III, §3023(a), (b), June 9, 1998, 112 Stat. 364, related to turnkey system projects, acquisition of rolling stock, and procurement of associated capital maintenance items.
§5327. Project management oversight
(a)
(1) adequate recipient staff organization with well-defined reporting relationships, statements of functional responsibilities, job descriptions, and job qualifications;
(2) a budget covering the project management organization, appropriate consultants, property acquisition, utility relocation, systems demonstration staff, audits, and miscellaneous payments the recipient may be prepared to justify;
(3) a construction schedule for the project;
(4) a document control procedure and recordkeeping system;
(5) a change order procedure that includes a documented, systematic approach to the handling of construction change orders;
(6) organizational structures, management skills, and staffing levels required throughout the construction phase;
(7) quality control and quality assurance functions, procedures, and responsibilities for construction, system installation, and integration of system components;
(8) material testing policies and procedures;
(9) internal plan implementation and reporting requirements;
(10) criteria and procedures to be used for testing the operational system or its major components;
(11) periodic updates of the plan, especially related to project budget and project schedule, financing, ridership estimates, and the status of local efforts to enhance ridership where ridership estimates partly depend on the success of those efforts;
(12) the recipient's commitment to submit a project budget and project schedule to the Secretary each month; and
(13) safety and security management.
(b)
(2) The Secretary shall inform the recipient of the reasons when a plan is disapproved.
(c)
(1)
(A) 0.5 percent of amounts made available to carry out section 5305.
(B) 0.75 percent of amounts made available to carry out section 5307.
(C) 1 percent of amounts made available to carry out section 5309.
(D) 0.5 percent of amounts made available to carry out section 5310.
(E) 0.5 percent of amounts made available to carry out section 5311.
(F) 0.5 percent of amounts made available to carry out section 5320.
(2)
(A) Activities to oversee the construction of a major project.
(B) Activities to review and audit the safety and security, procurement, management, and financial compliance of a recipient or subrecipient of funds under sections 5305, 5307, 5309, 5310, 5311, and 5320.
(C) Activities to provide technical assistance to correct deficiencies identified in compliance reviews and audits carried out under this section.
(3)
(4)
(5)
(d)
(e)
(1) a definition of “major capital project” for subsection (c) of this section that excludes a project to acquire rolling stock or to maintain or rehabilitate a vehicle; and
(2) a requirement that oversight begin during the preliminary engineering stage of a project, unless the Secretary finds it more appropriate to begin the oversight during another stage of the project, to maximize the transportation benefits and cost savings associated with project management oversight.
(f)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 826; Pub. L. 103–429, §6(12), Oct. 31, 1994, 108 Stat. 4379; Pub. L. 104–287, §5(17), Oct. 11, 1996, 110 Stat. 3390; Pub. L. 105–178, title III, §3024, June 9, 1998, 112 Stat. 364; Pub. L. 109–59, title III, §3026, Aug. 10, 2005, 119 Stat. 1622.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5327(a) | 49 App.:1619(d), (e). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §23(b)–(g); added Apr. 2, 1987, Pub. L. 100–17, §324, 101 Stat. 236. |
| 5327(b) | 49 App.:1619(g). | |
| 5327(c)(1) | 49 App.:1619(a). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §23(a); added Apr. 2, 1987, Pub. L. 100–17, §324, 101 Stat. 235; Dec. 18, 1991, Pub. L. 102–240, §3027, 105 Stat. 2115. |
| 5327(c)(2) | 49 App.:1619(h). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §23(h); added Nov. 21, 1989, Pub. L. 101–164, §340, 103 Stat. 1099. |
| 5327(c)(3) | 49 App.:1619(b). | |
| 5327(d) | 49 App.:1619(c). | |
| 5327(e) | 49 App.:1619(f). |
In subsection (a), before clause (1), the words “as required in each case by the Secretary” are omitted as surplus. In clause (11), the words “such items as” and “where applicable” are omitted as surplus.
In subsection (c)(1), the words “Beginning October 1, 1987” are omitted as executed. The words “with any person” are omitted as surplus.
In subsection (c)(2), the words “In addition to the purposes provided for under subsection (a) of this section” and “with any person” are omitted as surplus. The cross-reference to paragraph (1) is not changed. The cross-reference in 49 App.:1619(h), the source provision being restated in this subsection, is no longer correct, but is apparently still meant to apply to funds made available under 49 App.:1619(a).
In subsection (e), before clause (1), the text of 49 App.:1619(f) (2d sentence) is omitted as executed. In clause (1), The words “vehicles or other” and “the performance of” are omitted as surplus.
Pub. L. 103–429
This amends 49:5327(c)(1) to correct an erroneous cross-reference.
Pub. L. 104–287
This amends 49:5327(c) to correct an erroneous cross-reference.
References in Text
The National Capital Transportation Act of 1969, referred to in subsecs. (a) and (d), is Pub. L. 91–143, Dec. 9, 1969, 83 Stat. 320, as amended, which amended section 24 of Title 12, Banks and Banking, and section 684 of former Title 40, Public Buildings, Property, and Works, and repealed sections 651, 652, 661 to 665, 671, 682, and 683 of former Title 40 and provisions set out as notes under section 651 of former Title 40. Section 14(b) of that Act is not classified to the Code. For complete classification of this Act to the Code, see Tables.
Amendments
2005—Subsec. (a)(13). Pub. L. 109–59, §3026(a), added par. (13).
Subsec. (c). Pub. L. 109–59, §3026(b), amended subsec. (c) generally. Prior to amendment, subsec. (c) specified limitations on use of available amounts for certain purposes.
1998—Subsec. (c)(2). Pub. L. 105–178, §3024(a), substituted “enter into contracts” for “make contracts” and inserted “and to provide technical assistance to correct deficiencies identified in compliance reviews and audits carried out under this section” before period at end of first sentence.
Subsec. (f). Pub. L. 105–178, §3024(b), added subsec. (f).
1996—Subsec. (c)(1). Pub. L. 104–287 substituted “to carry out a major project under section 5309” for “to carry out a major project under section 5307”.
1994—Subsec. (c)(1). Pub. L. 103–429 substituted “section 5307, 5309, 5311, or 103(e)(4) or that Act” for “section 5307, 5309, 5311, or 103(e)(4) of that Act”.
Effective Date of 1996 Amendment
Amendment by Pub. L. 104–287 effective July 5, 1994, see section 8(1) of Pub. L. 104–287, set out as a note under section 5303 of this title.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
Financing of Oversight Activities
Pub. L. 107–87, title III, §319, Dec. 18, 2001, 115 Stat. 858, provided that: “Beginning in fiscal year 2002 and thereafter, the Secretary may use up to 1 percent of the amounts made available to carry out 49 U.S.C. 5309 for oversight activities under 49 U.S.C. 5327.”
§5328. Project review
(a)
(1)
(2)
(3)
(4)
(b)
(A) for the time the applicant may request; or
(B) during the time the Secretary finds, after reasonable notice and an opportunity for comment, that the applicant, for reasons attributable only to the applicant, has not complied substantially with the provisions of this chapter applicable to the project.
(2) Not more than 10 days after imposing a delay under paragraph (1)(B) of this subsection, the Secretary shall give the applicant a written statement explaining the reasons for the delay and describing actions the applicant must take to end the delay.
(3) At least once every 6 months, the Secretary shall report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate on each situation in which the Secretary has not met a time requirement of subsection (a) of this section or delayed a time requirement under paragraph (1)(B) of this subsection. The report shall explain the reasons for the delay and include a plan for achieving timely completion of the Secretary's review.
(c)
(A) the New Jersey Urban Core Project (as defined in title III of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102–240, 105 Stat. 2087)).
(B) the San Francisco Bay Area Rail Extension Program, consisting of at least an extension of the San Francisco Bay Area Rapid Transit District to the San Francisco International Airport (Phase 1a to Colma and Phase 1b to San Francisco Airport), the Santa Clara County Transit District Tasman Corridor Project, a program element designated by a change to the Metropolitan Transportation Commission Resolution No. 1876, and a program element financed completely with non-Government amounts, including the BART Warm Springs Extension, Dublin Extension, and West Pittsburg Extension.
(C) the Los Angeles Metro Rail Minimum Operable Segment-3 Program, consisting of 7 stations and approximately 11.6 miles of heavy rail subway on the following lines:
(i) one line running west and northwest from the Hollywood/Vine station to the North Hollywood station, with 2 intermediate stations.
(ii) one line running west from the Wilshire/Western station to the Pico/San Vicente station, with one intermediate station.
(iii) the East Side Extension, consisting of an initial line of approximately 3 miles, with at least 2 stations, beginning at Union Station and running generally east.
(D) the Baltimore-Washington Transportation Improvement Program, consisting of 3 extensions of the Baltimore Light Rail to Hunt Valley, Penn Station, and Baltimore-Washington Airport, MARC extensions to Frederick and Waldorf, Maryland, and an extension of the Washington Subway system to Largo, Maryland.
(E) the Tri-County Metropolitan Transportation District of Oregon Light Rail Program, consisting of the locally preferred alternative for the Westside Light Rail Project, including system related costs, contained in the Department of Transportation and Related Agencies Appropriations Act, 1991 (Public Law 101–516, 104 Stat. 2155), and defined in House Report 101–584, the Hillsboro extension to the Westside Light Rail Project contained in that Act, and the locally preferred alternative for the South/North Corridor Project.
(F) the Queens Local/Express Connector Program, consisting of the locally preferred alternative for the connection of the 63d Street tunnel extension to the Queens Boulevard lines, the bell-mouth part of the connector that will allow for future access by commuter rail trains and other subway lines to the 63d Street tunnel extension, planning elements for connecting the upper and lower levels to commuter and subway lines in Long Island City, and planning elements for providing a connector for commuter rail transportation to the East side of Manhattan and subway lines to the proposed Second Avenue subway.
(G) the Dallas Area Rapid Transit Authority light rail elements of the New System Plan, consisting of the locally preferred alternative for the South Oak Cliff corridor, the South Oak Cliff corridor extension-Camp Wisdom, the West Oak Cliff corridor-Westmoreland, the North Central corridor-Park Lane, the North Central corridor-Richardson, Plano, and Garland extensions, the Pleasant Grove corridor-Buckner, and the Carrollton corridors-Farmers Branch and Las Colinas terminal.
(H) other programs designated by law or the Secretary.
(2) Consistent with the time requirements of subsection (a) of this section or as otherwise provided by law, the Secretary shall make at least one full financing grant agreement for each program described in paragraph (1) of this subsection. The agreement shall include commitments to advance each of the applicant's program elements (in the program of interrelated projects) through the appropriate program review stages as provided in subsection (a) or as otherwise provided by law and to provide Government financing for each element. The agreement may be changed to include design and construction of a particular element.
(3) When reviewing a project in a program of interrelated projects, the Secretary shall consider the local financial commitment, transportation effectiveness, and other assessment factors of all program elements to the extent consideration expedites carrying out the project.
(4) Including a program element not financed by the Government in a program of interrelated projects does not impose Government requirements that otherwise would not apply to the element.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 828; Pub. L. 104–205, title III, §336, Sept. 30, 1996, 110 Stat. 2974; Pub. L. 104–287, §5(9), Oct. 11, 1996, 110 Stat. 3389; Pub. L. 105–178, title III, §3009(h)(2), (3)(B), (C), June 9, 1998, 112 Stat. 356; Pub. L. 105–206, title IX, §9009(h)(2), (3), July 22, 1998, 112 Stat. 856; Pub. L. 109–59, title III, §3027, Aug. 10, 2005, 119 Stat. 1623.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5328(a) | 49 App.:1602(a)(6). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §3(a)(6)–(8); added Jan. 6, 1983, Pub. L. 97–424, §304(b), 96 Stat. 2150; restated Dec. 18, 1991, Pub. L. 102–240, §3011(a), 105 Stat. 2095. |
| 5328(b) | 49 App.:1602(a)(7). | |
| 5328(c)(1) | 49 App.:1602(a)(8)(C). | |
| 5328(c)(2) | 49 App.:1602(a)(8)(A) (1st–3d sentences). | |
| 5328(c)(3) | 49 App.:1602(a)(8)(B). | |
| 5328(c)(4) | 49 App.:1602(a)(8)(A) (last sentence). |
In subsection (a)(1), the words “the date on which” are omitted as surplus.
In subsection (a)(2), the words “the criteria set forth in” are omitted as surplus.
In subsection (a)(4), the words “negotiate and” are omitted as surplus. The words “under section 5309 of this title” are added for clarity.
In subsection (b)(1)(A), the words “solely at the applicant's discretion” are omitted as surplus.
In subsection (c)(2), the words “if appropriate” are omitted as surplus.
References in Text
The Intermodal Surface Transportation Efficiency Act of 1991, referred to in subsec. (c)(1)(A), is Pub. L. 102–240, Dec. 18, 1991, 105 Stat. 1914, as amended. Title III of the Act is also known as the Federal Transit Act Amendments of 1991. Provisions defining the New Jersey Urban Core Project are contained in section 3031 of the Act, which is not classified to the Code. For complete classification of this Act to the Code, see Short Title of 1991 Amendment note set out under section 101 of this title and Tables.
The Department of Transportation and Related Agencies Appropriations Act, 1991, referred to in subsec. (c)(1)(E), is Pub. L. 101–516, Nov. 5, 1990, 104 Stat. 2155, as amended. Provisions relating to the Westside Light Rail Program are contained in section 328 of the Act, which is not classified to the Code. For complete classification of this Act to the Code, see Tables.
Amendments
2005—Subsec. (a)(1). Pub. L. 109–59, §3027(1), inserted heading and substituted “The Secretary shall cooperate with an applicant undertaking an alternatives analysis required by subsections (d) and (e) of section 5309 in the alternatives analysis” for “When the Secretary of Transportation allows a new fixed guideway project to advance into the alternatives analysis stage of project review, the Secretary shall cooperate with the applicant in alternatives analysis”.
Subsec. (a)(2). Pub. L. 109–59, §3027(2), inserted heading and substituted “meets the requirements of subsection (d) or (e) of section 5309” for “is consistent with section 5309(e)”.
Subsec. (a)(3). Pub. L. 109–59, §3027(3), inserted heading, struck out “of construction” after “stage”, and inserted “if the Secretary determines that the project meets the requirements of subsection (d) or (e) of section 5309” before period at end.
Subsec. (a)(4). Pub. L. 109–59, §3027(4), added par. (4) and struck out former par. (4) which read as follows: “The Secretary shall make a full funding grant agreement under section 5309 of this title for a project not later than 120 days after the project enters the final design stage of construction. The agreement shall provide for a United States Government share of the construction cost at least equal to the Government share estimated in the Secretary's most recent report required under 5309(o)(1) or an update of the report unless the applicant requests otherwise.”
1998—Subsec. (a)(2). Pub. L. 105–178, §3009(h)(2), substituted “5309(e)” for “5309(e)(1)–(6) of this title”.
Subsec. (a)(4). Pub. L. 105–178, §3009(h)(3)(C), as added by Pub. L. 105–206, §9009(h)(3), substituted “5309(o)(1)” for “section 5309(m)(2) of this title”.
Pub. L. 105–178, §3009(h)(3)(B), as amended by Pub. L. 105–206, §9009(h)(2), substituted “full funding” for “full financing”.
1996—Subsec. (b)(3). Pub. L. 104–287 substituted “Transportation and Infrastructure” for “Public Works and Transportation”.
Subsec. (c)(1)(E). Pub. L. 104–205 struck out “Westside” after “District of Oregon” and “and” after “House Report 101–584,” and inserted before period at end “, and the locally preferred alternative for the South/North Corridor Project”.
Effective Date of 1998 Amendment
Title IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, and provisions of Pub. L. 105–178, as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105–206 to be treated as not enacted, see section 9016 of Pub. L. 105–206, set out as a note under section 101 of Title 23, Highways.
§5329. Investigations of safety hazards and security risks
(a)
(b)
(c)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 830; Pub. L. 109–59, title III, §3028(a), Aug. 10, 2005, 119 Stat. 1624.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5329(a) | 49 App.:1618(a). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §22(a); added Jan. 6, 1983, Pub. L. 97–424, §318(b), 96 Stat. 2154; Dec. 18, 1991, Pub. L. 102–240, §3026(1), 105 Stat. 2114. |
| 5329(b) | 49 App.:1618(b). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §22(b); added Dec. 18, 1991, Pub. L. 102–240, §3026(2), 105 Stat. 2114. |
In subsection (a), the words “manner of” are omitted as surplus. The word “how” is substituted for “the means which might best be employed” to eliminate unnecessary words. The words “or eliminating” and “from the local public body” are omitted as surplus. The words “a plan is approved and carried out” are substituted for “he approves such plan and the local public body implements such plan” to eliminate unnecessary words.
In subsection (b)(1) and (2), the words “a description of” are added for clarity.
Amendments
2005—Pub. L. 109–59 amended section catchline and text generally, substituting provisions relating to investigations of safety hazards and security risks for provisions relating to investigation of safety hazards.
§5330. State safety oversight
(a)
(1) States that have rail fixed guideway public transportation systems that are not subject to regulation by the Federal Railroad Administration; and
(2) States that are designing rail fixed guideway public transportation systems that will not be subject to regulation by the Federal Railroad Administration.
(b)
(c)
(1) establishes and is carrying out a safety program plan for each fixed guideway public transportation system in the State that establishes at least safety requirements, lines of authority, levels of responsibility and accountability, and methods of documentation for the system; and
(2) designates a State authority as having responsibility—
(A) to require, review, approve, and monitor the carrying out of each plan;
(B) to investigate hazardous conditions and accidents on the systems; and
(C) to require corrective action to correct or eliminate those conditions.
(d)
(e)
(2) If a State meets the requirements of subsection (c) of this section before the last day of the period for which an amount withheld under subsection (b) of this section remains available under paragraph (1) of this subsection, the Secretary, on the first day on which the State meets the requirements, shall apportion to the State the amount withheld that remains available for apportionment for use in the State. An amount apportioned under this paragraph remains available until the end of the 3d fiscal year after the fiscal year in which the amount is apportioned. An amount not obligated at the end of the 3-year period shall be apportioned for use in other States under section 5336 of this title.
(3) If a State does not meet the requirements of subsection (c) of this section at the end of the period for which an amount withheld under subsection (b) of this section remains available under paragraph (1) of this subsection, the amount shall be apportioned for use in other States under section 5336 of this title.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 831; Pub. L. 109–59, title III, §§3002(b)(4), 3029(a), Aug. 10, 2005, 119 Stat. 1545, 1625.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5330(a) | 49 App.:1624(d). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §28; added Dec. 18, 1991, Pub. L. 102–240, §3029, 105 Stat. 2116. |
| 5330(b) | 49 App.:1624(a). | |
| 5330(c) | 49 App.:1624(b)(1), (2). | |
| 5330(d) | 49 App.:1624(b)(3). | |
| 5330(e) | 49 App.:1624(c). | |
| 5330(f) | 49 App.:1624(e). |
In subsection (e)(1), the words “under subsection (a) of this section from apportionment for use in any State in a fiscal year” are omitted as surplus.
In subsection (e)(2) and (3), the words “from apportionment” and “for apportionment for use in a State” are omitted as surplus.
Amendments
2005—Pub. L. 109–59, §3029(a)(1), substituted “State safety oversight” for “Withholding amounts for noncompliance with safety requirements” in section catchline.
Subsec. (a). Pub. L. 109–59, §3029(a)(1), added subsec. (a) and struck out heading and text of former subsec. (a). Text read as follows: “This section applies only to States that have rail fixed guideway mass transportation systems not subject to regulation by the Federal Railroad Administration.”
Subsec. (c)(1). Pub. L. 109–59, §3002(b)(4), substituted “public transportation” for “mass transportation”.
Subsec. (d). Pub. L. 109–59, §3029(a)(2), substituted “shall ensure uniform safety standards and enforcement or shall designate” for “may designate”.
Pub. L. 109–59, §3002(b)(4), substituted “public transportation” for “mass transportation” in two places.
Subsec. (f). Pub. L. 109–59, §3029(a)(3), struck out heading and text of subsec. (f). Text read as follows: “Not later than December 18, 1992, the Secretary shall prescribe regulations stating the requirements for complying with subsection (c) of this section.”
§5331. Alcohol and controlled substances testing
(a)
(1) “controlled substance” means any substance under section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802) whose use the Secretary of Transportation decides has a risk to transportation safety.
(2) “person” includes any entity organized or existing under the laws of the United States, a State, territory, or possession of the United States, or a foreign country.
(3) “public transportation” means any form of public transportation, except a form the Secretary decides is covered adequately, for employee alcohol and controlled substances testing purposes, under section 20140 or 31306 of this title or section 2303a, 7101(i), or 7302(e) of title 46. The Secretary may also decide that a form of public transportation is covered adequately, for employee alcohol and controlled substances testing purposes, under the alcohol and controlled substance statutes or regulations of an agency within the Department of Transportation or the Coast Guard.
(b)
(B) When the Secretary of Transportation considers it appropriate in the interest of safety, the Secretary may prescribe regulations for conducting periodic recurring testing of public transportation employees responsible for safety-sensitive functions (as decided by the Secretary) for the use of alcohol or a controlled substance in violation of law or a Government regulation.
(2) In prescribing regulations under this subsection, the Secretary of Transportation—
(A) shall require that post-accident testing of such a public transportation employee be conducted when loss of human life occurs in an accident involving public transportation; and
(B) may require that post-accident testing of such a public transportation employee be conducted when bodily injury or significant property damage occurs in any other serious accident involving public transportation.
(c)
(A) to have used or been impaired by alcohol when on duty; or
(B) to have used a controlled substance, whether or not on duty, except as allowed for medical purposes by law or regulation.
(2) This section does not supersede any penalty applicable to a public transportation employee under another law.
(d)
(1) promote, to the maximum extent practicable, individual privacy in the collection of specimens;
(2) for laboratories and testing procedures for controlled substances, incorporate the Department of Health and Human Services scientific and technical guidelines dated April 11, 1988, and any amendments to those guidelines, including mandatory guidelines establishing—
(A) comprehensive standards for every aspect of laboratory controlled substances testing and laboratory procedures to be applied in carrying out this section, including standards requiring the use of the best available technology to ensure the complete reliability and accuracy of controlled substances tests and strict procedures governing the chain of custody of specimens collected for controlled substances testing;
(B) the minimum list of controlled substances for which individuals may be tested; and
(C) appropriate standards and procedures for periodic review of laboratories and criteria for certification and revocation of certification of laboratories to perform controlled substances testing in carrying out this section;
(3) require that a laboratory involved in controlled substances testing under this section have the capability and facility, at the laboratory, of performing screening and confirmation tests;
(4) provide that all tests indicating the use of alcohol or a controlled substance in violation of law or a Government regulation be confirmed by a scientifically recognized method of testing capable of providing quantitative information about alcohol or a controlled substance;
(5) provide that each specimen be subdivided, secured, and labeled in the presence of the tested individual and that a part of the specimen be retained in a secure manner to prevent the possibility of tampering, so that if the individual's confirmation test results are positive the individual has an opportunity to have the retained part tested by a 2d confirmation test done independently at another certified laboratory if the individual requests the 2d confirmation test not later than 3 days after being advised of the results of the first confirmation test;
(6) ensure appropriate safeguards for testing to detect and quantify alcohol in breath and body fluid samples, including urine and blood, through the development of regulations that may be necessary and in consultation with the Secretary of Health and Human Services;
(7) provide for the confidentiality of test results and medical information (except information about alcohol or a controlled substance) of employees, except that this clause does not prevent the use of test results for the orderly imposition of appropriate sanctions under this section; and
(8) ensure that employees are selected for tests by nondiscriminatory and impartial methods, so that no employee is harassed by being treated differently from other employees in similar circumstances.
(e)
(f)
(2) In prescribing regulations under this section, the Secretary of Transportation—
(A) shall establish only requirements that are consistent with international obligations of the United States; and
(B) shall consider applicable laws and regulations of foreign countries.
(g)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 832; Pub. L. 103–429, §6(13), Oct. 31, 1994, 108 Stat. 4379; Pub. L. 104–59, title III, §342(a), Nov. 28, 1995, 109 Stat. 608; Pub. L. 109–59, title III, §§3002(b)(3), (4), 3030, Aug. 10, 2005, 119 Stat. 1545, 1625.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5331(a) | 49 App.:1618a(a). | Oct. 28, 1991, Pub. L. 102–143, §6, 105 Stat. 962. |
| 5331(b) | 49 App.:1618a(b). | |
| 5331(c) | 49 App.:1618a(f). | |
| 5331(d) | 49 App.:1618a(d). | |
| 5331(e) | 49 App.:1618a(c). | |
| 5331(f) | 49 App.:1618a(e). | |
| 5331(g) | 49 App.:1618a(g). |
In subsection (a), before clause (1), the text of 49 App.:1618a(a)(3) is omitted as surplus because the complete name of the Secretary of Transportation is used the first time the term appears in a section. In clause (3), the words “controlled substances” are substituted for “drug” for consistency in this section.
In subsection (b)(1)(B), the word “also” is omitted as surplus.
In subsection (b)(2)(B), the words “may require” are substituted for “as determined by the Secretary” for clarity and to eliminate unnecessary words.
In subsection (d), the word “samples” is omitted as surplus.
In subsection (d)(2), before subclause (A), the word “subsequent” is omitted as surplus.
In subsection (d)(3), the words “of any individual” are omitted as surplus.
In subsection (d)(4), the words “by any individual” are omitted as surplus.
In subsection (d)(5), the word “tested” is substituted for “assayed” for consistency. The words “2d confirmation test” are substituted for “independent test” for clarity and consistency.
In subsection (d)(6), the word “Secretary” is substituted for “Department” for consistency in the revised title and with other titles of the United States Code.
In subsection (f)(1), the word “prescribe” is substituted for “adopt” for consistency in the revised title and with other titles of the Code. The word “rule” is omitted as being synonymous with “regulation”. The word “ordinance” is omitted as being included in “law” and “regulation”. The words “whether the provisions apply specifically to mass transportation employees, or to the general public” are omitted as surplus.
In subsection (f)(3), the word “prevent” is substituted for “restrict the discretion of” to eliminate unnecessary words.
In subsection (g) the words “in accordance with such regulations” are omitted as surplus.
Pub. L. 103–429
This amends 49:5331(a)(3) to correct an erroneous cross-reference.
Amendments
2005—Subsec. (a)(3). Pub. L. 109–59, §3030(a), substituted “section 20140 or 31306 of this title or section 2303a, 7101(i), or 7302(e) of title 46” for “section 20140 or 31306 of this title” and inserted at end “The Secretary may also decide that a form of public transportation is covered adequately, for employee alcohol and controlled substances testing purposes, under the alcohol and controlled substance statutes or regulations of an agency within the Department of Transportation or the Coast Guard.”.
Pub. L. 109–59, §3002(b)(4), substituted “public transportation” for “mass transportation” in two places.
Subsec. (b). Pub. L. 109–59, §3002(b)(3), substituted “Public” for “Mass” in heading.
Subsec. (b)(1)(A). Pub. L. 109–59, §3030(b), struck out “or section 103(e)(4) of title 23” after “5311 of this title”.
Pub. L. 109–59, §3002(b)(4), substituted “public transportation” for “mass transportation” wherever appearing.
Subsecs. (b)(1)(B), (2), (c)(2), (e). Pub. L. 109–59, §3002(b)(4), substituted “public transportation” for “mass transportation” wherever appearing.
Subsec. (f)(3). Pub. L. 109–59, §3030(c), struck out par. (3) which read as follows: “This section does not prevent the Secretary of Transportation from continuing in effect, amending, or further supplementing a regulation prescribed before October 28, 1991, governing the use of alcohol or a controlled substance by mass transportation employees.”
Subsec. (g). Pub. L. 109–59, §3030(b), struck out “or section 103(e)(4) of title 23” after “5311 of this title”.
1995—Subsec. (b)(1)(A). Pub. L. 104–59 added subpar. (A) and struck out former subpar. (A) which read as follows: “In the interest of mass transportation safety, the Secretary of Transportation shall prescribe regulations not later than October 28, 1992, that establish a program requiring mass transportation operations that receive financial assistance under section 5307, 5309, or 5311 of this title or section 103(e)(4) of title 23 to conduct preemployment, reasonable suspicion, random, and post-accident testing of mass transportation employees responsible for safety-sensitive functions (as decided by the Secretary) for the use of alcohol or a controlled substance in violation of law or a United States Government regulation.”
1994—Subsec. (a)(3). Pub. L. 103–429 substituted “section 20140 or 31306” for “subchapter III of chapter 201 or section 31306”.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
§5332. Nondiscrimination
(a)
(b)
(c)
(2) When the Secretary decides that a person receiving financial assistance under this chapter is not complying with subsection (b) of this section, a civil rights law of the United States, or a regulation or order under that law, the Secretary shall notify the person of the decision and require action be taken to ensure compliance with subsection (b).
(d)
(1) direct that no further financial assistance of the United States Government under this chapter be provided to the person;
(2) refer the matter to the Attorney General with a recommendation that a civil action be brought;
(3) proceed under title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.); and
(4) take any other action provided by law.
(e)
(1) a matter is referred to the Attorney General under subsection (d)(2) of this section; or
(2) the Attorney General believes a person is engaged in a pattern or practice in violation of this section.
(f)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 834.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5332(a) | 49 App.:1615(a)(5). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §19; added Nov. 6, 1978, Pub. L. 95–599, §314, 92 Stat. 2750. |
| 5332(b) | 49 App.:1615(a)(1) (1st sentence). | |
| 5332(c) | 49 App.:1615(a)(2), (3)(A). | |
| 5332(d) | 49 App.:1615(a)(3)(B). | |
| 5332(e) | 49 App.:1615(a)(4). | |
| 5332(f) | 49 App.:1615(a)(1) (last sentence). |
In subsection (a), the words “the term” and “one or more” are omitted as surplus. The words “partnerships, associations, corporations” and “mutual companies, joint-stock companies” are omitted because of 1:1.
In subsection (b), the word “receiving” is substituted for “funded in whole or in part through” to eliminate unnecessary words.
In subsection (c)(2), the words “directly or indirectly”, “issued”, and “necessary” are omitted as surplus.
In subsection (d), before clause (1), the words “does not” are substituted for “fails or refuses to” to eliminate unnecessary words. The words “period of” and “pursuant to paragraph (a) of this subsection” are omitted as surplus. In clause (2), the word “appropriate” is omitted as surplus. In clause (3), the words “proceed under” are substituted for “exercise the powers and functions provided by” to eliminate unnecessary words.
In subsection (e), before clause (1), the words “in any appropriate district court of the United States” and “including injunctive relief” are omitted as surplus.
In subsection (f), the words “considered to be” and “and not in lieu of” are omitted as surplus.
References in Text
The Civil Rights Act of 1964, referred to in subsecs. (d)(3) and (f), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the Act is classified generally to subchapter V (§2000d et seq.) of chapter 21 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of Title 42 and Tables.
§5333. Labor standards
(a)
(b)
(2) Arrangements under this subsection shall include provisions that may be necessary for—
(A) the preservation of rights, privileges, and benefits (including continuation of pension rights and benefits) under existing collective bargaining agreements or otherwise;
(B) the continuation of collective bargaining rights;
(C) the protection of individual employees against a worsening of their positions related to employment;
(D) assurances of employment to employees of acquired public transportation systems;
(E) assurances of priority of reemployment of employees whose employment is ended or who are laid off; and
(F) paid training or retraining programs.
(3) Arrangements under this subsection shall provide benefits at least equal to benefits established under section 11326 of this title.
(4) Fair and equitable arrangements to protect the interests of employees utilized by the Secretary of Labor for assistance to purchase like-kind equipment or facilities, and grant amendments which do not materially revise or amend existing assistance agreements, shall be certified without referral.
(5) When the Secretary is called upon to issue fair and equitable determinations involving assurances of employment when one private transit bus service contractor replaces another through competitive bidding, such decisions shall be based on the principles set forth in the Department of Labor's decision of September 21, 1994, as clarified by the supplemental ruling of November 7, 1994, with respect to grant NV–90–X021. This paragraph shall not serve as a basis for objections under section 215.3(d) of title 29, Code of Federal Regulations.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 835; Pub. L. 104–88, title III, §308(e), Dec. 29, 1995, 109 Stat. 947; Pub. L. 105–178, title III, §3029(b)(9), June 9, 1998, 112 Stat. 372; Pub. L. 107–217, §3(n)(3), Aug. 21, 2002, 116 Stat. 1302; Pub. L. 109–59, title III, §§3002(b)(4), 3031, Aug. 10, 2005, 119 Stat. 1545, 1625.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5333(a) | 49 App.:1609(a), (b). | July 9, 1964, Pub. L. 88–365, §13, 78 Stat. 307; Sept. 8, 1966, Pub. L. 89–562, §2(a)(1), (b)(2), 80 Stat. 715, 716; May 25, 1967, Pub. L. 90–19, §20(a), 81 Stat. 25. |
| 5333(b) | 49 App.:1609(c). |
In subsection (a), the words “take such action as may be necessary to”, “the performance of”, “the assistance of”, and “at rates” are omitted as surplus. The word “same” is added for clarity. The words “duties and powers” are substituted for “authority and functions” for consistency in the revised title and with other titles of the United States Code.
In subsection (b)(1), the reference to sections 5307, 5308, 5310, and 5311 of the revised title is added for clarity because of 49 App.:1607a(e)(1), 1607a–2(a), 1612(b), and 1614(f), restated as sections 5307(n)(2), 5308(b)(1), 5310(a), and 5311(i) of the revised title. The reference to section 5312 is added for clarity because it is intended that 49 App.:1609(c) cover research, development, training, and demonstration projects. The words “terms and conditions of the protective” are omitted as surplus.
In subsection (b)(2), before clause (A), the words “without being limited to” are omitted as being included in “include”. The words “such provisions as may be necessary for” are omitted as surplus. In clause (C), the word “individual” is omitted as surplus.
In subsection (b)(3), the words “section 11347 of this title” are substituted for and coextensive with “section 5(2)(f) of the Act of February 4, 1887 (24 Stat. 379), as amended” in section 13(c) of the Urban Mass Transportation Act of 1964 (Public Law 88–365, 78 Stat. 307) on authority of section 3(b) of the Act of October 17, 1978 (Public Law 95–473, 92 Stat. 1466).
References in Text
Reorganization Plan No. 14 of 1950, referred to in subsec. (a), is set out in the Appendix to Title 5, Government Organization and Employees.
Amendments
2005—Subsec. (b)(1). Pub. L. 109–59, §3031(1), substituted “5316, 5318, 5323(a)(1), 5323(b), 5323(d), 5328, 5337, and 5338(b)” for “5318(d), 5323(a)(1), (b), (d), and (e), 5328, 5337, and 5338(b)” in two places.
Subsec. (b)(2)(D). Pub. L. 109–59, §3002(b)(4), substituted “public transportation” for “mass transportation”.
Subsec. (b)(4), (5). Pub. L. 109–59, §3031(2), added pars. (4) and (5).
2002—Subsec. (a). Pub. L. 107–217 substituted “sections 3141–3144, 3146, and 3147 of title 40” for “the Act of March 3, 1931 (known as the Davis-Bacon Act) (40 U.S.C. 276a—276a–5)” and “section 3145 of title 40” for “section 2 of the Act of June 13, 1934 (40 U.S.C. 276c)”.
1998—Subsec. (b)(1). Pub. L. 105–178 substituted “5338(b)” for “5338(j)(5)” in two places.
1995—Subsec. (b)(3). Pub. L. 104–88 substituted “11326” for “11347”.
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 701 of this title.
§5334. Administrative provisions
(a)
(1) prescribe terms for a project under sections 5307 and 5309–5311 of this title (except terms the Secretary of Labor prescribes under section 5333(b) of this title);
(2) sue and be sued;
(3) foreclose on property or bring a civil action to protect or enforce a right conferred on the Secretary of Transportation by law or agreement;
(4) buy property related to a loan under this chapter;
(5) agree to pay an annual amount in place of a State or local tax on real property acquired or owned under this chapter;
(6) sell, exchange, or lease property, a security, or an obligation;
(7) obtain loss insurance for property and assets the Secretary of Transportation holds;
(8) consent to a modification in an agreement under this chapter;
(9) include in an agreement or instrument under this chapter a covenant or term the Secretary of Transportation considers necessary to carry out this chapter;
(10) collect fees to cover the costs of training or conferences, including costs of promotional materials, sponsored by the Federal Transit Administration to promote public transportation and credit amounts collected to the appropriation concerned; and
(11) issue regulations as necessary to carry out the purposes of this chapter.
(b)
(1)
(2)
(c)
(2) Except for emergency regulations, the Secretary of Transportation shall give interested parties at least 60 days to participate in a regulatory proceeding under this chapter by submitting written information, views, or arguments, with or without an oral presentation, except when the Secretary for good cause finds that public notice and comment are unnecessary because of the routine nature or insignificant impact of the regulation or that an emergency regulation should be issued. The Secretary may extend the 60-day period if the Secretary decides the period is insufficient to allow diligent individuals to prepare comments or that other circumstances justify an extension.
(3) An emergency regulation ends 120 days after it is issued.
(4) The Secretary of Transportation shall comply with this section (except subsection (i)) and sections 5318(e), 5323(a)(2), 5325(a), 5325(b), and 5325(f) when proposing or carrying out a regulation governing an activity under this chapter, except for a routine matter or a matter with no significant impact.
(d)
(1) submit each year a budget program as provided in section 9103 of title 31; and
(2) maintain a set of accounts for audit under chapter 35 of title 31.
(e)
(f)
(g)
(1) deprive a State or political subdivision of a State of jurisdiction of the property; or
(2) impair the civil rights, under the laws of a State or political subdivision of a State, of an inhabitant of the property.
(h)
(A) the asset will remain in public use for at least 5 years after the date the asset is transferred;
(B) there is no purpose eligible for assistance under this chapter for which the asset should be used;
(C) the overall benefit of allowing the transfer is greater than the interest of the Government in liquidation and return of the financial interest of the Government in the asset, after considering fair market value and other factors; and
(D) through an appropriate screening or survey process, that there is no interest in acquiring the asset for Government use if the asset is a facility or land.
(2) A decision under paragraph (1) of this section must be in writing and include the reason for the decision.
(3) This subsection is in addition to another law related to using and disposing of a facility or equipment under an assistance agreement.
(4)
(A)
(B)
(C)
(i)
(2) The provisions of title 23 related to the non-Government share apply to amounts under title 23 used for public transportation projects. The provisions of this chapter related to the non-Government share apply to amounts under this chapter used for highway projects.
(j)
(2) Section 3709 of the Revised Statutes (41 U.S.C. 5) applies to a contract for more than $1,000 for services or supplies related to property acquired under this chapter.
(k)
(l)
(1)
(2)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 836; Pub. L. 104–287, §5(9), Oct. 11, 1996, 110 Stat. 3389; Pub. L. 104–316, title I, §127(a), Oct. 19, 1996, 110 Stat. 3840; Pub. L. 105–178, title III, §§3023(c), 3025(a), (b)(1), (c), June 9, 1998, 112 Stat. 364, 365; Pub. L. 109–59, title III, §§3002(b)(4), 3032, Aug. 10, 2005, 119 Stat. 1545, 1626.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5334(a) | 49 App.:1608(a) (1st sentence related to 12:1749a(c) (1)–(3) (1st sentence), (4)–(8), (10)). | July 9, 1964, Pub. L. 88–365, §12(a), 78 Stat. 306; Sept. 8, 1966, Pub. L. 89–562, §2(a)(1), 80 Stat. 715; May 25, 1967, Pub. L. 90–19, §20(a), 81 Stat. 25. |
| 5334(b) | 49 App.:1608(i)(1), (2). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §12(i)(1), (2); added Apr. 2, 1987, Pub. L. 100–17, §318(a), 101 Stat. 233. |
| 49 App.:1608(i)(3). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §12(i)(3); added Dec. 18, 1991, Pub. L. 102–240, §3017, 105 Stat. 2108. | |
| 5334(c) | 49 App.:1608(a) (1st sentence related to 12:1749a(a) (less proviso)). | |
| 5334(d) | 49 App.:1608(a) (1st sentence related to 12:1749a(b), last sentence). | |
| 5334(e) | 49 App.:1608(a) (1st sentence related to 12:1749a(a) (proviso)). | |
| 5334(f) | 49 App.:1608(a) (1st sentence related to 12:1749a(c)(3) (last sentence)). | |
| 5334(g) | 49 App.:1608(k). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §12(k); added Dec. 18, 1991, Pub. L. 102–240, §3018, 105 Stat. 2108. |
| 5334(h) | 49 App.:1607(k). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §8(k); added Nov. 6, 1978, Pub. L. 95–599, §305(b), 92 Stat. 2743; Apr. 2, 1987, Pub. L. 100–17, §310, 101 Stat. 227; restated Dec. 18, 1991, Pub. L. 102–240, §3012, 105 Stat. 2104; Oct. 6, 1992, Pub. L. 102–388, §502(a), 106 Stat. 1566. |
| 5334(i) | 49 App.:1608 (note) (related to authority and functions reserved to Secretary of Housing and Urban Development). | Reorg. Plan No. 2 of 1968, eff. June 30, 1968, §1(a)(1) (related to authority and functions reserved to Secretary of Housing and Urban Development), 82 Stat. 1369. |
| 5334(j)(1) | 49 App.:1608(a) (1st sentence related to 12:1749a(e)). | |
| 5334(j)(2) | 49 App.:1608(a) (1st sentence related to 12:1749a(d)). |
In subsections (c)–(f), and (j), the relevant substantive provisions of 12:1749a are substituted for “shall . . . have the functions, powers, and duties set forth in section 1749a of title 12, except subsections (c)(2) and (f) of such section” for clarity. The reference to subsection (c)(2) is omitted as obsolete because section 201(d)(1) of the Housing and Community Development Technical Amendments Act of 1984 (Public Law 98–479, 98 Stat. 2228) repealed 12:1749a(c)(2). The words “(in addition to any authority otherwise vested in him)” are omitted as surplus.
In subsection (a), the text of 49 App.:1608(a) (1st sentence related to 12:1749a(c)(8)) is omitted as obsolete. Before clause (1), the words “carrying out this chapter” are substituted for “the performance of, and with respect to, the functions, powers, and duties vested in him by this chapter” to eliminate unnecessary words. In clause (1), the words “(except terms the Secretary of Labor prescribes under section 5333(b) of this title)” are added for clarity because 49 App.:1608(a) only applies to the Secretary of Transportation and does not supersede the responsibility of the Secretary of Labor. In clause (3), the word “civil” is added for clarity. The words “contract, or other” are omitted as surplus. In clause (4), the words “bid for and . . . at any foreclosure or any other sale” are omitted as surplus. In clause (6), the words “at public or private sale”, “real or personal”, and “upon such terms as he may fix” are omitted as surplus. Clause (8) is substituted for 49 App.:1608(a) (1st sentence related to 12:1749a(c)(7)) to eliminate unnecessary words. In clause (9), the word “provisions” is omitted as surplus. The words “carry out this chapter” are substituted for “assure that the purposes of this subchapter will be achieved” to eliminate unnecessary words.
In subsection (b), the words “regulatory” and “regulatory proceeding” are substituted for “rulemaking” for consistency in the revised title and because “rule” and “regulation” are synonymous.
In subsection (b)(1), the words “Federal Transit Administration” are substituted for “Urban Mass Transportation Administration” because of section 3004(b) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102–240, 105 Stat. 2088). The words “also” and “required by the first sentence of this paragraph” are omitted as surplus.
In subsection (c), before clause (1), the words “In the performance of, and with respect to, the functions, powers, and duties vested in him by this subchapter . . . notwithstanding the provisions of any other law” are omitted as surplus. In clause (1), the words “prepare . . . and” and “for wholly owned Government corporations” are omitted as surplus.
Subsection (d) is substituted for 49 App.:1608(a) (1st sentence related to 12:1749a(b) and last sentence) to eliminate unnecessary words.
In subsection (e), the words “such . . . as the making of loans” are omitted as surplus. The words “under this chapter” are added for clarity. The word “related” is substituted for “in connection with such financial transactions” to eliminate unnecessary words. The words “approved by the Secretary” are omitted as surplus. The word “binding” is substituted for “final and conclusive” to eliminate unnecessary words. The words “and employees” are added for consistency in the revised title and with other titles of the United States Code.
In subsection (f), before clause (1), the words “in any way” are substituted for “complete, administer, remodel and convert, dispose of, lease and otherwise” to eliminate unnecessary words. In clause (1), the words “civil or criminal” are omitted as surplus. In clause (2), the words “political subdivision of a State” are substituted for “local” for consistency.
In subsection (g)(1), before clause (A), the words “facilities and equipment and other”, “(including land)”, and “first” are omitted as surplus.
In subsection (g)(3), the words “and not in lieu of” are omitted as surplus.
Subsection (i) is substituted for section 1(a)(1) (related to authority and functions reserved to Secretary of Housing and Urban Development) of Reorganization Plan No. 2 of 1968 to eliminate unnecessary words. The reference to 49 App.:1602(c)(1) is translated as a reference to 49 App.:1602(e)(1) because section 2(1) of the Urban Mass Transportation Assistance Act of 1970 (Public Law 91–453, 84 Stat. 962) redesignated subsection (c) as subsection (e). The references to 49 App.:1603(a) (1st sentence), 1604, and 1607c(b) and former 49 App.:1607a are omitted as obsolete because of section 103(a) of the National Mass Transportation Act of 1974 (Public Law 93–503, 88 Stat. 1567) and sections 303(b), 305(a), and 307 of the Federal Public Transportation Act of 1978 (Public Law 95–599, 92 Stat. 2737, 2743, 2747). Reference to 49 App.:1607c(c) is omitted because it was enacted after the Reorganization Plan and was not intended to be within the scope of the Plan.
Subsection (j)(1) is substituted for 49 App.:1608(a) (1st sentence related to 12:1749a(e)) to eliminate unnecessary words.
References in Text
The date of enactment of this paragraph, referred to in subsec. (h)(4)(C), is the date of enactment of Pub. L. 105–178, which was approved June 9, 1998.
Amendments
2005—Subsec. (a)(10). Pub. L. 109–59, §3002(b)(4), substituted “public transportation” for “mass transportation”.
Subsec. (a)(11). Pub. L. 109–59, §3032(1), added par. (11).
Subsec. (b). Pub. L. 109–59, §3032(4), added subsec. (b). Former subsec. (b) redesignated (c).
Subsec. (c). Pub. L. 109–59, §3032(3), redesignated subsec. (b) as (c). Former subsec. (c) redesignated (d).
Subsec. (c)(4). Pub. L. 109–59, §3032(5), added par. (4) and struck out former par. (4) which read as follows: “The Secretary of Transportation shall comply with this section (except subsections (h) and (i)) and sections 5323(a)(2), 5323(c), 5323(e), 5324(c), 5325(a), 5325(b), 5326(c), and 5326(d) when proposing or carrying out a regulation governing an activity under this chapter, except for a routine matter or a matter with no significant impact.”
Subsecs. (d) to (f). Pub. L. 109–59, §3032(3), redesignated subsecs. (c) to (e) as (d) to (f), respectively. Former subsec. (f) redesignated (g).
Subsec. (g). Pub. L. 109–59, §3032(3), redesignated subsec. (f) as (g). Former subsec. (g) redesignated (h).
Subsec. (g)(1), (4)(A). Pub. L. 109–59, §3002(b)(4), substituted “public transportation” for “mass transportation”.
Subsec. (h). Pub. L. 109–59, §3032(3), redesignated subsec. (g) as (h). Former subsec. (h) redesignated (i).
Pub. L. 109–59, §3002(b)(4), substituted “public transportation” for “mass transportation” in pars. (1) and (2).
Subsec. (i). Pub. L. 109–59, §3032(2), (3), redesignated subsec. (h) as (i) and struck out heading and text of former subsec. (i). Text read as follows: “The Secretary of Housing and Urban Development shall—
“(1) carry out section 5312(a) and (b)(1) of this title related to—
“(A) urban transportation systems and planned development of urban areas; and
“(B) the role of transportation planning in overall urban planning; and
“(2) advise and assist the Secretary of Transportation in making findings under section 5323(a)(1)(A) of this title.”
Subsecs. (k), (l). Pub. L. 109–59, §3032(6), added subsecs. (k) and (l).
1998—Pub. L. 105–178, §3025(b)(1), inserted “provisions” after “Administrative” in section catchline.
Subsec. (a)(10). Pub. L. 105–178, §3025(a), added par. (10).
Subsec. (b)(4). Pub. L. 105–178, §3023(c), substituted “5323(a)(2), 5323(c), 5323(e), 5324(c), 5325(a), 5325(b), 5326(c), and 5326(d)” for “5323(a)(2), (c) and (e), 5324(c), and 5325 of this title”.
Subsec. (g)(4). Pub. L. 105–178, §3025(c), added par. (4).
1996—Subsec. (b)(1). Pub. L. 104–287 substituted “Transportation and Infrastructure” for “Public Works and Transportation”.
Subsec. (c)(2). Pub. L. 104–316 substituted “for” for “the Comptroller General shall”.
§5335. National transit database
(a)
(b)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 838; Pub. L. 104–287, §5(9), (18), Oct. 11, 1996, 110 Stat. 3389, 3390; Pub. L. 104–316, title I, §127(b), Oct. 19, 1996, 110 Stat. 3840; Pub. L. 105–178, title III, §3026, June 9, 1998, 112 Stat. 365; Pub. L. 109–59, title III, §§3002(b)(4), 3033(a), Aug. 10, 2005, 119 Stat. 1545, 1627.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5335(a) | 49 App.:1608(j). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §12(j); added Apr. 2, 1987, Pub. L. 100–17, §319, 101 Stat. 234. |
| 49 App.:1611(a). | July 9, 1964, Pub. L. 88–365, §15(a), 78 Stat. 308; Sept. 8, 1966, Pub. L. 89–562, §§2(a)(1), 4, 80 Stat. 715, 717; Oct. 15, 1970, Pub. L. 91–453, §7, 84 Stat. 967; restated Nov. 26, 1974, Pub. L. 93–503, §111, 88 Stat. 1573. | |
| 49 App.:1611(b). | July 9, 1964, Pub. L. 88–365, §15(b), 78 Stat. 308; Sept. 8, 1966, Pub. L. 89–562, §§2(a)(1), 4, 80 Stat. 715, 717; Oct. 15, 1970, Pub. L. 91–453, §7, 84 Stat. 967; restated Nov. 26, 1974, Pub. L. 93–503, §111, 88 Stat. 1573; Jan. 6, 1983, Pub. L. 97–424, §304(c), 96 Stat. 2150. | |
| 5335(b) | 49 App.:1603(b)(1). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §4(b)(1); added Nov. 6, 1978, Pub. L. 95–599, §303(e), 92 Stat. 2738; restated Apr. 2, 1987, Pub. L. 100–17, §307, 101 Stat. 226; Dec. 18, 1991, Pub. L. 102–240, §3006(h) (1), 105 Stat. 2090. |
| 5335(c) | 49 App.:1623(a). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §27; added Dec. 18, 1991, Pub. L. 102–240, §3028, 105 Stat. 2115. |
| 5335(d) | 49 App.:1623(b). |
In subsection (a), the text of 49 App.:1608(j) is omitted as superseded by 31:ch. 75.
In subsection (a)(1), the words “by January 10, 1977” are omitted as executed. The word “maintain” is substituted for “develop, test, and prescribe” for clarity. The text of 49 App.:1611(a) (3d and 4th sentences) is omitted as executed. The words “or data as he deems” and “public or private” are omitted as surplus.
In subsection (a)(2), the words “After July 1, 1978” are omitted as executed. The reference to 49 App.:1604 is omitted as obsolete. The words “for such grant”, “or organization”, “each . . . both”, and “prescribed under subsection (a) of this section” are omitted as surplus.
In subsection (b)(1), the words “commitments, and reservations” are omitted as surplus.
In subsection (b)(2) and (3), the words “uncommitted, and unreserved” are omitted as surplus.
In subsection (b)(3) and (5), the words “last day” are substituted for “close” for consistency.
In subsection (b)(4), the words “a listing of” are omitted as surplus.
In subsection (b)(5), the words “a status report on all” are omitted as surplus.
In subsection (b)(6), the words “a status report on”, “a letter of credit or other”, and “already” are omitted as surplus.
In subsection (d), before clause (1), the words “the transferability provisions of” are omitted as surplus.
Pub. L. 104–287, §5(18)
This amends 49:5335(d)(2)(B) to amend an erroneous cross-reference.
Amendments
2005—Pub. L. 109–59, §3033(a), substituted “National transit database” for “Reports and audits” in section catchline, redesignated pars. (1) and (2) of subsec. (a) as subsecs. (a) and (b), respectively, inserted subsec. (b) heading, substituted “The Secretary may award a grant under section 5307 or 5311” for “The Secretary may make a grant under section 5307 of this title” in subsec. (b), and struck out former subsec. (b) which related to submission of a report in January- 1993, on carrying out former section 5307(b)(5) of this title.
Subsec. (a)(1). Pub. L. 109–59, §3002(b)(4), substituted “public transportation” for “mass transportation” wherever appearing.
1998—Subsec. (a). Pub. L. 105–178, §3026(a)(1), substituted “National Transit Database” for “Reporting System and Uniform System of Accounts and Records” in heading.
Subsec. (a)(1). Pub. L. 105–178, §3026(a)(2), substituted “using uniform categories” for “by uniform categories,” and “and using a uniform system of accounts” for “and a uniform system of accounts and records”.
Subsecs. (b) to (d). Pub. L. 105–178, §3026(b), redesignated subsec. (d) as (b) and struck out former subsecs. (b) and (c) which related to quarterly reports and biennial needs report, respectively.
1996—Subsec. (b). Pub. L. 104–287, §5(9), substituted “Transportation and Infrastructure” for “Public Works and Transportation” in introductory provisions.
Subsec. (c). Pub. L. 104–316 struck out “and in January of every 2d year after 1993” after “In January 1993” in introductory provisions.
Pub. L. 104–287, §5(9), substituted “Transportation and Infrastructure” for “Public Works and Transportation” in introductory provisions.
Subsec. (d). Pub. L. 104–316 struck out “and in January of every 2d year after 1993” after “In January 1993” in introductory provisions.
Pub. L. 104–287, §5(9), substituted “Transportation and Infrastructure” for “Public Works and Transportation” in introductory provisions.
Subsec. (d)(2)(B). Pub. L. 104–287, §5(18), substituted “Americans with Disabilities Act” for “Americans With Disabilities Act”.
§5336. Apportionment of appropriations for formula grants
(a)
(1) 9.32 percent shall be apportioned each fiscal year only in urbanized areas with a population of less than 200,000 so that each of those areas is entitled to receive an amount equal to—
(A) 50 percent of the total amount apportioned multiplied by a ratio equal to the population of the area divided by the total population of all urbanized areas with populations of less than 200,000 as shown in the latest United States Government census; and
(B) 50 percent of the total amount apportioned multiplied by a ratio for the area based on population weighted by a factor, established by the Secretary of Transportation, of the number of inhabitants in each square mile; and
(2) 90.68 percent shall be apportioned each fiscal year only in urbanized areas with populations of at least 200,000 as provided in subsections (b) and (c) of this section, except that the amount apportioned to the Anchorage urbanized area under subsection (b) shall be available to the Alaska Railroad for any costs related to its passenger operations.
(b)
(2) Of the amount apportioned under subsection (a)(2) of this section, 33.29 percent shall be apportioned as follows:
(A) 95.61 percent of the total amount apportioned under this subsection shall be apportioned so that each urbanized area with a population of at least 200,000 is entitled to receive an amount equal to—
(i) 60 percent of the 95.61 percent apportioned under this subparagraph multiplied by a ratio equal to the number of fixed guideway revenue vehicle-miles attributable to the area, as established by the Secretary of Transportation, divided by the total number of all fixed guideway revenue vehicle-miles attributable to all areas; and
(ii) 40 percent of the 95.61 percent apportioned under this subparagraph multiplied by a ratio equal to the number of fixed guideway route-miles attributable to the area, established by the Secretary, divided by the total number of all fixed guideway route-miles attributable to all areas.
An urbanized area with a population of at least 750,000 in which commuter rail transportation is provided shall receive at least .75 percent of the total amount apportioned under this subparagraph.
(B) 4.39 percent of the total amount apportioned under this subsection shall be apportioned so that each urbanized area with a population of at least 200,000 is entitled to receive an amount equal to—
(i) the number of fixed guideway vehicle passenger-miles traveled multiplied by the number of fixed guideway vehicle passenger-miles traveled for each dollar of operating cost in an area; divided by
(ii) the total number of fixed guideway vehicle passenger-miles traveled multiplied by the total number of fixed guideway vehicle passenger-miles traveled for each dollar of operating cost in all areas.
An urbanized area with a population of at least 750,000 in which commuter rail transportation is provided shall receive at least .75 percent of the total amount apportioned under this subparagraph.
(C) Under subparagraph (A) of this paragraph, fixed guideway revenue vehicle- or route-miles, and passengers served on those miles, in an urbanized area with a population of less than 200,000, where the miles and passengers served otherwise would be attributable to an urbanized area with a population of at least 1,000,000 in an adjacent State, are attributable to the governmental authority in the State in which the urbanized area with a population of less than 200,000 is located. The authority is deemed an urbanized area with a population of at least 200,000 if the authority makes a contract for the service.
(D) A recipient's apportionment under subparagraph (A)(i) of this paragraph may not be reduced if the recipient, after satisfying the Secretary of Transportation that energy or operating efficiencies would be achieved, reduces revenue vehicle-miles but provides the same frequency of revenue service to the same number of riders.
(c) 1
(1) 90.8 percent of the total amount apportioned under this subsection shall be apportioned as follows:
(A) 73.39 percent of the 90.8 percent apportioned under this paragraph shall be apportioned so that each urbanized area with a population of at least 1,000,000 is entitled to receive an amount equal to—
(i) 50 percent of the 73.39 percent apportioned under this subparagraph multiplied by a ratio equal to the total bus revenue vehicle-miles operated in or directly serving the urbanized area divided by the total bus revenue vehicle-miles attributable to all areas;
(ii) 25 percent of the 73.39 percent apportioned under this subparagraph multiplied by a ratio equal to the population of the area divided by the total population of all areas, as shown by the latest Government census; and
(iii) 25 percent of the 73.39 percent apportioned under this subparagraph multiplied by a ratio for the area based on population weighted by a factor, established by the Secretary of Transportation, of the number of inhabitants in each square mile.
(B) 26.61 percent of the 90.8 percent apportioned under this paragraph shall be apportioned so that each urbanized area with a population of at least 200,000 but not more than 999,999 is entitled to receive an amount equal to—
(i) 50 percent of the 26.61 percent apportioned under this subparagraph multiplied by a ratio equal to the total bus revenue vehicle-miles operated in or directly serving the urbanized area divided by the total bus revenue vehicle-miles attributable to all areas;
(ii) 25 percent of the 26.61 percent apportioned under this subparagraph multiplied by a ratio equal to the population of the area divided by the total population of all areas, as shown by the latest Government census; and
(iii) 25 percent of the 26.61 percent apportioned under this subparagraph multiplied by a ratio for the area based on population weighted by a factor, established by the Secretary of Transportation, of the number of inhabitants in each square mile.
(2) 9.2 percent of the total amount apportioned under this subsection shall be apportioned so that each urbanized area with a population of at least 200,000 is entitled to receive an amount equal to—
(A) the number of bus passenger-miles traveled multiplied by the number of bus passenger-miles traveled for each dollar of operating cost in an area; divided by
(B) the total number of bus passenger-miles traveled multiplied by the total number of bus passenger-miles traveled for each dollar of operating cost in all areas.
(d)
(1) apportion amounts appropriated under subsections (a) and (h)(2) of section 5338 2 of this title to carry out section 5307 of this title not later than the 10th day after the date the amounts are appropriated or October 1 of the fiscal year for which the amounts are appropriated, whichever is later; and
(2) publish apportionments of the amounts, including amounts attributable to each urbanized area with a population of more than 50,000 and amounts attributable to each State of a multistate urbanized area, on the apportionment date.
(e)
(f)
(2) The chief executive officer of a State may transfer any part of the State's apportionment under section 5311(c) of this title to supplement amounts apportioned to the State under subsection (a)(1) of this section.
(3) The chief executive officer of a State may use throughout the State amounts of a State's apportionment remaining available for obligation at the beginning of the 90-day period before the period of the availability of the amounts expires.
(4) A designated recipient for an urbanized area with a population of at least 200,000 may transfer a part of its apportionment under this section to the chief executive officer of a State. The chief executive officer shall distribute the transferred amounts to urbanized areas under this section.
(5) Capital and operating assistance limitations applicable to the original apportionment apply to amounts transferred under this subsection.
(g)
(h)
(i)
(1) one percent shall be apportioned, in fiscal year 2006 and each fiscal year thereafter, to certain urbanized areas with populations of less than 200,000 in accordance with subsection (j); and
(2) any amount not apportioned under paragraph (1) shall be apportioned to urbanized areas in accordance with subsections (a) through (c).
(j)
(1)
(A)
(B)
(i) Passenger miles traveled per vehicle revenue mile.
(ii) Passenger miles traveled per vehicle revenue hour.
(iii) Vehicle revenue miles per capita.
(iv) Vehicle revenue hours per capita.
(v) Passenger miles traveled per capita.
(vi) Passengers per capita.
(2)
(A)
(i) the number of performance categories for which each eligible area meets or exceeds the industry average in urbanized areas with a population of at least 200,000 but not more than 999,999; bears to
(ii) the aggregate number of performance categories for which all eligible areas meet or exceed the industry average in urbanized areas with a population of at least 200,000 but not more than 999,999.
(B)
(c) 3
(1)
(2)
(A)
(B)
(i) an analysis of the availability of appropriate measures to be used as a basis for the distribution of incentive payments;
(ii) the optimal number and size of any incentive programs;
(iii) what types of systems should compete for various incentives;
(iv) how incentives should be distributed; and
(v) the likely effects of the incentive funding system.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 840; Pub. L. 104–287, §5(19), Oct. 11, 1996, 110 Stat. 3390; Pub. L. 105–178, title III, §§3027(a), (b), 3029(b)(10), (11), June 9, 1998, 112 Stat. 366, 373; Pub. L. 109–59, title III, §§3002(b)(4), 3034, Aug. 10, 2005, 119 Stat. 1545, 1627.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5336(a)(1) | 49 App.:1607a(a)(1). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(a); added Jan. 6, 1983, Pub. L. 97–424, §303, 96 Stat. 2141; Apr. 2, 1987, Pub. L. 100–17, §327(b), 101 Stat. 238; Dec. 18, 1991, Pub. L. 102–240, §3013(a), 105 Stat. 2106. |
| 49 App.:1607a(d). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(b)(1)–(3), (c)–(e)(1), (m)(2); added Jan. 6, 1983, Pub. L. 97–424, §303, 96 Stat. 2141, 2147; Apr. 2, 1987, Pub. L. 100–17, §327(b), 101 Stat. 238. | |
| 5336(a)(2) | 49 App.:1607a(a)(2). | |
| 5336(b)(1) | 49 App.:1607a(b)(2) (last sentence). | |
| 5336(b)(2)(A) | 49 App.:1607a(b)(1), (2) (1st sentence). | |
| 5336(b)(2)(B) | 49 App.:1607a(b)(3) (1st sentence). | |
| 5336(b)(2)(C) | 49 App.:1607a(b)(2) (2d sentence), (3) (last sentence). | |
| 5336(b)(2)(D) | 49 App.:1607a(b)(2) (3d sentence). | |
| 5336(b)(2)(E) | 49 App.:1607a(b)(4). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(b)(4); added Dec. 18, 1991, Pub. L. 102–240, §3013(b), 105 Stat. 2106. |
| 5336(c)(1) | 49 App.:1607a(c)(1), (2), (d) (last sentence). | |
| 5336(c)(2) | 49 App.:1607a(c)(3). | |
| 5336(d)(1) | 49 App.:1607a (k)(2)(A). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(k)(2)(A); added Jan. 6, 1983, Pub. L. 97–424, §303, 96 Stat. 2145; Apr. 2, 1987, Pub. L. 100–17, §§312(c)(1), (2), 327(b), 101 Stat. 228, 238. |
| 5336(d)(2) | 49 App.:1607a (k)(2)(B). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(k)(2)(B); added Apr. 2, 1987, Pub. L. 100–17, §312(c)(3), 101 Stat. 228; Dec. 18, 1991, Pub. L. 102–240, §3013(i), 105 Stat. 2107. |
| 49 App.:1607a (k)(2)(C). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(k)(2)(C); added Apr. 2, 1987, Pub. L. 100–17, §312(c)(3), 101 Stat. 228. | |
| 5336(e) | 49 App.:1607a(q). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(q); added Apr. 2, 1987, Pub. L. 100–17, §312(e), 101 Stat. 229. |
| 5336(f) | 49 App.:1607a(m)(2). | |
| 5336(g) | 49 App.:1607a(n). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(n); added Jan. 6, 1983, Pub. L. 97–424, §303, 96 Stat. 2147; Apr. 2, 1987, Pub. L. 100–17, §§312(d), 327(b), 101 Stat. 229, 238. |
| 5336(h) | 49 App.:1607a(t). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(t); added Dec. 18, 1991, Pub. L. 102–240, §3013(k), 105 Stat. 2108. |
| 5336(i) | 49 App.:1607a(o). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(o); added Jan. 6, 1983, Pub. L. 97–424, §303, 96 Stat. 2147; Apr. 2, 1987, Pub. L. 100–17, §§311, 327(b), 101 Stat. 228, 238. |
| 5336(j) | 49 App.:1607a(e)(1). | |
| 5336(k) | 49 App.:1607a(s). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(s); added Dec. 18, 1991, Pub. L. 102–240, §3013(j), 105 Stat. 2108. |
In this section, the word “apportioned” is substituted for “available”, “shall be available for expenditure”, “made available”, and “made available for expenditure” for clarity and consistency in this chapter.
In subsection (a)(1), before subclause (A), the words “the sum of” are omitted as surplus.
In subsection (b)(2)(D), the word “provided” is omitted as surplus. The words “is deemed” are substituted for “as if . . . were” for consistency in the revised title and with other titles of the United States Code. The words “directly or indirectly” are omitted as surplus.
In subsection (c)(1)(B), before clause (i), the words “of at least 200,000” are added for clarity.
In subsection (d)(1)(D), the words “Notwithstanding the preceding sentence” and “each fiscal year” are omitted as surplus.
In subsection (d)(2), the words “Beginning on October 1, 1991” are omitted as executed. The words “paragraph (1) of this subsection” are substituted for “under this section that may be used for operating assistance by urbanized areas” to eliminate unnecessary words. The words “(if any)” are omitted as surplus. The words “Secretary of Labor” are substituted for “Department of Labor” because of 29:551. The text of 49 App.:1607a(k)(2)(B) (2d sentence) is omitted as executed. The text of 49 App.:1607a(k)(2)(B) (last sentence) is omitted as surplus.
In subsection (e)(1), the words “under section 5338(f) of this title” are added for clarity. The words “in accordance with the provisions of this section” are omitted as surplus.
In subsection (e)(2), the words “established by the preceding sentence” are omitted as surplus.
In subsection (g)(1) and (2), the word “part” is substituted for “amount” for clarity.
In subsection (g)(4), the words “including areas of 200,000 or more population” are omitted as surplus.
In subsection (h), the words “in each fiscal year beginning after September 30, 1991” are omitted as obsolete.
In subsection (i), the words “the close of” are omitted as surplus.
In subsection (j), the references to sections 5302(a)(8) and 5318 are added for clarity. The source provisions of sections 5302(a)(8) and 5318, enacted by section 317 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (Public Law 100–17, 101 Stat. 233), were not intended to come under the exclusion stated in 49 App.:1607a(e)(1). The words “condition, limitation, or other” and “for programs of projects” are omitted as surplus.
In subsection (k), the text of 49 App.:1607a(s)(1) is omitted as obsolete.
Pub. L. 104–287
This amends 49:5336(b)(2) to clarify the restatement of 49 App.:1607a(b) by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 840).
References in Text
Section 5338 of this title, referred to in subsec. (d)(1), was amended generally by Pub. L. 109–59, title III, §3036, Aug. 10, 2005, 119 Stat. 1629, and, as so amended, no longer contains a subsec. (h).
The date of enactment of the Federal Public Transportation Act of 2005, referred to in subsec. (c)(2)(A), is the date of enactment of title III of Pub. L. 109–59, which was approved Aug. 10, 2005.
Amendments
2005—Subsec. (a). Pub. L. 109–59, §3034(d)(1), which directed amendment of subsec. (a) by substituting “to carry out section 5307” for “of this title”, was executed to reflect the probable intent of Congress by inserting “to carry out section 5307” after “Of the amount apportioned under subsection (i)(2)” which appears in text pursuant to amendment by Pub. L. 109–59, §3034(a)(4). See below.
Pub. L. 109–59, §3034(a)(4), substituted “Of the amount apportioned under subsection (i)(2)” for “Of the amount made available or appropriated under section 5338(a) of this title” in introductory provisions.
Subsec. (a)(2). Pub. L. 109–59, §3034(d)(2), which directed amendment of “paragraph (2)” of this section by inserting before period at end “, except that the amount apportioned to the Anchorage urbanized area under subsection (b) shall be available to the Alaska Railroad for any costs related to its passenger operations”, was executed by making the insertion in par. (2) of subsec. (a), to reflect the probable intent of Congress.
Subsec. (b)(1). Pub. L. 109–59, §3034(d)(3), inserted “and, beginning in fiscal year 2006, 60 percent of the directional route miles attributable to the Alaska Railroad passenger operations” before period at end.
Subsec. (c). Pub. L. 109–59, §3034(c), added at end of section subsec. (c) relating to study on incentives in formula programs.
Subsecs. (d) to (f). Pub. L. 109–59, §3034(a)(1), (2), redesignated subsecs. (e) to (g) as (d) to (f), respectively, and struck out former subsec. (d) which read as follows: “[Reserved.]”.
Subsec. (g). Pub. L. 109–59, §3034(a)(2), redesignated subsec. (i) as (g). Former subsec. (g) redesignated (f).
Subsec. (g)(1). Pub. L. 109–59, §3002(b)(4), substituted “public transportation” for “mass transportation”.
Subsec. (h). Pub. L. 109–59, §3034(d)(4), substituted “a grant made with funds apportioned under” for “a grant made under” in two places.
Pub. L. 109–59, §3034(a)(1), (2), redesignated subsec. (j) as (h) and struck out heading and text of former subsec. (h). Text read as follows: “If sufficient amounts are available, the Secretary of Transportation shall change apportionments under this section between the Mass Transit Account of the Highway Trust Fund and the general fund to ensure that each recipient receives from the general fund at least as much operating assistance made available each fiscal year under this section as the recipient is eligible to receive.”
Subsec. (i). Pub. L. 109–59, §3034(a)(3), added subsec. (i). Former subsec. (i) redesignated (g).
Subsec. (j). Pub. L. 109–59, §3034(b), added subsec. (j). Former subsec. (j) redesignated (h).
Subsec. (k). Pub. L. 109–59, §3034(a)(1), struck out heading and text of subsec. (k). Text read as follows: “An area designated an urbanized area under the 1980 census and not designated an urbanized area under the 1990 census for the fiscal year ending September 30, 1993, is eligible to receive—
“(1) 50 percent of the amount the area would have received if the area had been an urbanized area as defined by section 5302(a)(13) of this title; and
“(2) an amount equal to 50 percent of the amount that the State in which the area is located would have received if the area had been an area other than an urbanized area.”
1998—Pub. L. 105–178, §3027(a), substituted “formula grants” for “block grants” in section catchline.
Subsec. (a). Pub. L. 105–178, §3029(b)(10), substituted “5338(a) of this title” for “5338(f) of this title” in introductory provisions.
Subsec. (d). Pub. L. 105–178, §3027(b), amended subsec. (d) generally, substituting “[Reserved.]” for former provisions relating to operating assistance.
Subsec. (e)(1). Pub. L. 105–178, §3029(b)(11), substituted “subsections (a) and (h)(2) of section 5338” for “section 5338(f)”.
1996—Subsec. (b)(2)(A), (B). Pub. L. 104–287, §5(19)(A), inserted at end “An urbanized area with a population of at least 750,000 in which commuter rail transportation is provided shall receive at least .75 percent of the total amount apportioned under this subparagraph.”
Subsec. (b)(2)(C) to (E). Pub. L. 104–287, §5(19)(B), (C), redesignated subpars. (D) and (E) as (C) and (D), respectively, and struck out former subpar. (C) which read as follows: “An urbanized area with a population of at least 750,000 in which commuter rail transportation is provided shall receive at least .75 percent of the total amount apportioned under this subsection.”
Effective Date of 1996 Amendment
Amendment by Pub. L. 104–287 effective July 5, 1994, see section 8(1) of Pub. L. 104–287, set out as a note under section 5303 of this title.
Urbanized Area Formula Study
Pub. L. 105–178, title III, §3033, June 9, 1998, 112 Stat. 386, provided that:
“(a)
“(b)
1 Another subsec. (c) appears at end of section.
2 See References in Text note below.
3 So in original. Probably should be “(k)”.
§5337. Apportionment based on fixed guideway factors
(a)
(1) The first $497,700,000 shall be apportioned in the following urbanized areas as follows:
(A) Baltimore, $8,372,000.
(B) Boston, $38,948,000.
(C) Chicago/Northwestern Indiana, $78,169,000.
(D) Cleveland, $9,509,500.
(E) New Orleans, $1,730,588.
(F) New York, $176,034,461.
(G) Northeastern New Jersey, $50,604,653.
(H) Philadelphia/Southern New Jersey, $58,924,764.
(I) Pittsburgh, $13,662,463.
(J) San Francisco, $33,989,571.
(K) Southwestern Connecticut, $27,755,000.
(2) The next $70,000,000 shall be apportioned as follows:
(A) 50 percent in the urbanized areas listed in paragraph (1), as provided in section 5336(b)(2)(A).
(B) 50 percent in other urbanized areas eligible for assistance under section 5336(b)(2)(A) to which amounts were apportioned under this section for fiscal year 1997, as provided in section 5336(b)(2)(A) and subsection (e)(1) of this section.
(3) The next $5,700,000 shall be apportioned in the following urbanized areas as follows:
(A) Pittsburgh, 61.76 percent.
(B) Cleveland, 10.73 percent.
(C) New Orleans, 5.79 percent.
(D) 21.72 percent in urbanized areas to which paragraph (2)(B) applies, as provided in section 5336(b)(2)(A) and subsection (e)(1) of this section.
(4) The next $186,600,000 shall be apportioned in each urbanized area to which paragraph (1) applies and in each urbanized area to which paragraph (2)(B) applies, as provided in section 5336(b)(2)(A) and subsection (e)(1) of this section.
(5) The next $70,000,000 shall be apportioned as follows:
(A) 65 percent in the urbanized areas listed in paragraph (1), as provided in section 5336(b)(2)(A) and subsection (e)(2) of this section.
(B) 35 percent to other urbanized areas eligible for assistance under section 5336(b)(2)(A) if the areas contain fixed guideway systems placed in revenue service at least 7 years before the fiscal year in which amounts are made available and in any urbanized area if, before the first day of the fiscal year, the area satisfies the Secretary that the area has modernization needs that cannot adequately be met with amounts received under section 5336(b)(2)(A), as provided in section 5336(b)(2)(A) and subsection (e)(2) of this section.
(6) The next $50,000,000 shall be apportioned as follows:
(A) 60 percent in the urbanized areas listed in paragraph (1), as provided in section 5336(b)(2)(A) and subsection (e)(2) of this section.
(B) 40 percent to urbanized areas to which paragraph (5)(B) applies, as provided in section 5336(b)(2)(A) and subsection (e)(2) of this section.
(7) Remaining amounts shall be apportioned as follows:
(A) 50 percent in the urbanized areas listed in paragraph (1), as provided in section 5336(b)(2)(A) and subsection (e)(2) of this section.
(B) 50 percent to urbanized areas to which paragraph (5)(B) applies, as provided in section 5336(b)(2)(A) and subsection (e)(2) of this section.
(b)
(c)
(d)
(1) remains available for 3 years after the fiscal year in which the amount is apportioned; and
(2) that is unobligated at the end of the 3-year period shall be reapportioned for the next fiscal year among urbanized areas eligible under subsection (a)(1)–(3) of this section using the apportionment formula of this section.
(e)
(1) 1997
(2)
(f)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 844; Pub. L. 103–429, §6(14), Oct. 31, 1994, 108 Stat. 4379; Pub. L. 102–240, title III, §3049(b), as added Pub. L. 105–130, §8, Dec. 1, 1997, 111 Stat. 2559; Pub. L. 105–178, title III, §§3028, 3029(b)(12), June 9, 1998, 112 Stat. 366, 373; Pub. L. 105–206, title IX, §9009(p), July 22, 1998, 112 Stat. 858; Pub. L. 108–88, §8(b)(2), Sept. 30, 2003, 117 Stat. 1121; Pub. L. 109–59, title III, §3035(a), Aug. 10, 2005, 119 Stat. 1629.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5337(a) | 49 App.:1602(h) (1)–(4). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §3(h)(1)–(6); added Aug. 22, 1974, Pub. L. 93–503, §110, 88 Stat. 1573; Nov. 6, 1978, Pub. L. 95–599, §302(d), 92 Stat. 2737; restated Dec. 18, 1991, Pub. L. 102–240, §3008, 105 Stat. 2091. |
| 5337(b) | 49 App.:1602(h)(5). | |
| 5337(c) | 49 App.:1602(h)(6). | |
| 5337(d) | 49 App.:1602(h)(7). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §3(h)(7); added Oct. 6, 1992, Pub. L. 102–388, §502(c), 106 Stat. 1566. |
In subsection (a), the words “for expenditure” are omitted for consistency in this chapter. Before clause (1), the reference to fiscal year 1992 is omitted as obsolete.
In subsection (c), the words “Notwithstanding any other provision of law” are omitted as surplus. The word “paragraph” in the source provision is translated as it were “subsection” to reflect the apparent intent of Congress.
In subsection (d)(1), the words “for obligation”, “a period of”, and “the close of” are omitted as surplus.
Pub. L. 103–429
This amends 49:5337(a)(4) to correct an erroneous cross-reference.
References in Text
The date of enactment of the Federal Public Transportation Act of 2005, referred to in subsec. (f), is the date of enactment of title III of Pub. L. 109–59, which was approved Aug. 10, 2005.
Amendments
2005—Pub. L. 109–59, §3035(a)(1), substituted “Apportionment based on fixed guideway factors” for “Apportionment of appropriations for fixed guideway modernization” in section catchline.
Subsec. (f). Pub. L. 109–59, §3035(a)(2), added subsec. (f).
2003—Subsec. (e). Pub. L. 108–88 struck out subsec. (e) relating to special rule.
1998—Subsec. (a). Pub. L. 105–178, §3028(c), as added by Pub. L. 105–206, in par. (2)(B), substituted “(e)(1)” for “(e)”, in par. (3)(D), substituted “(2)(B)” for “(2)(B)(ii)” and “(e)(1)” for “(e)”, in par. (4), substituted “(e)(1)” for “(e)”, and in pars. (5) to (7), substituted “(e)(2)” for “(e)” wherever appearing.
Pub. L. 105–178, §3028(a), amended heading and text of subsec. (a) generally, substituting provisions relating to distribution for fiscal years 1998 through 2003 for provisions relating to percentage distribution for fiscal years ending Sept. 30, 1993–1997 and for period of Oct. 1, 1997 through Mar. 31, 1998.
Subsec. (e). Pub. L. 105–178, §3028(b), added subsec. (e) relating to route segments to be included in apportionment formulas.
Subsec. (e)(1). Pub. L. 105–178, §3029(b)(12), which directed substitution of “subsections (b) and (h)(4) of section 5338” for “section 5338(f)”, could not be executed because “section 5338(f)” does not appear in text.
1997—Subsec. (a). Pub. L. 102–240, §3049(b)(1), as added by Pub. L. 105–130, inserted “and for the period of October 1, 1997, through March 31, 1998,” after “1997,” in introductory provisions.
Subsec. (e). Pub. L. 102–240, §3049(b)(2), as added by Pub. L. 105–130, added subsec. (e).
1994—Subsec. (a)(4). Pub. L. 103–429 substituted “section 5336(b)(2)(A) of this title” for “section 5336(B)(2)(A)”.
Effective Date of 1998 Amendment
Title IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, and provisions of Pub. L. 105–178, as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105–206 to be treated as not enacted, see section 9016 of Pub. L. 105–206, set out as a note under section 101 of Title 23, Highways.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
Special Rule for Partial Fiscal Year Funding
Pub. L. 108–310, §8(b), Sept. 30, 2004, 118 Stat. 1154, provided that: “The Secretary of Transportation shall determine the amount that each urbanized area is to be apportioned for fixed guideway modernization under section 5337 of title 49, United States Code, on a pro rata basis to reflect the partial fiscal year 2005 funding made available by sections 5338(b)(2)(A)(vii) and 5338(b)(2)(B)(vii) of such title.”
Pub. L. 108–88, §8(b)(1), Sept. 30, 2003, 117 Stat. 1121, as amended by Pub. L. 108–202, §9(b), Feb. 29, 2004, 118 Stat. 485; Pub. L. 108–224, §7(b), Apr. 30, 2004, 118 Stat. 633; Pub. L. 108–263, §7(b), June 30, 2004, 118 Stat. 704, which directed the Secretary of Transportation to determine the amount that each urbanized area would be apportioned for fixed guideway modernization under section 5337 of this title on a pro rata basis reflecting partial fiscal year 2004 funding made available under section 5338 of this title, was repealed by Pub. L. 108–280, §7(b), July 30, 2004, 118 Stat. 882.
§5338. Authorizations
(a)
(1)
(A)
(B)
(C)
(i) $4,811,150 shall be available to the Alaska Railroad for improvements to its passenger operations under section 5307;
(ii) $5,208,000 shall be available to provide over-the-road bus accessibility grants under section 3038 of the Transportation Equity Act for the 21st Century (49 U.S.C. 5310 note) to operators of intercity, fixed-route over-the-road buses;
(iii) $1,686,400 shall be available to provide over-the-road bus accessibility grants under section 3038 of the Transportation Equity Act for the 21st Century (49 U.S.C. 5310 note) to operators of over-the-road buses providing other than intercity, fixed-route service;
(iv) $94,526,689 shall be available to provide transportation services to elderly individuals and individuals with disabilities under section 5310;
(v) $250,889,588 shall be available to provide financial assistance for other than urbanized areas under section 5311;
(vi) $3,593,195,773 shall be available to provide financial assistance for urbanized areas under section 5307; and
(vii) $49,600,000 shall be available to carry out the clean fuels program under section 5308.
(2)
(A)
(B)
(3)
(A)
(B)
(C)
(i) $49,600,000 shall be available to carry out the clean fuels program under section 5308;
(ii) $669,600,000 shall be available for capital projects to replace, rehabilitate, and purchase bus and related equipment and to construct bus-related facilities under section 5309;
(iii) $1,204,684,800 shall be available for fixed guideway modernization under section 5309;
(iv) $1,437,829,600 shall be available for capital projects for new fixed guideway systems and extensions to existing fixed guideway systems under section 5309;
(v) $10,213,632 shall be available for capital projects in Alaska and Hawaii under section 5309;
(vi) $2,976,000 shall be available to carry out bus testing under section 5318; and
(vii) $4,811,200 shall be available to carry out the fuel cell bus and bus facilities program under section 3015(b) of the Transportation Equity Act for the 21st Century (112 Stat. 361).
(4)
(A)
(B)
(C)
(i) 82.72 percent shall be allocated for metropolitan planning under section 5305; and
(ii) 17.28 percent shall be allocated for State planning under section 5305.
(5)
(A)
(B)
(C)
(i) not less than $3,968,000 shall be available to carry out programs under the National Transit Institute under section 5315, of which not more than $992,000 shall be available to carry out section 5315(a)(16);
(ii) not less than $5,208,000 shall be available to provide rural transportation assistance under section 5311(b)(2);
(iii) not less than $8,184,000 shall be available to carry out transit cooperative research programs under section 5313(a);
(iv) not less than $2,976,000 shall be available to carry out Project Action under section 5312; and
(v) the remainder shall be available to carry out national research and technology programs under sections 5312, 5314, and 5322.
(6)
(A)
(B)
(C)
(i) $1,984,000 shall be available for grants under section 5505(d) to the center identified in section 5505(j)(4)(A), as in effect on the day before the date of enactment of the Federal Public Transportation Act of 2005; and
(ii) $1,984,000 shall be available for grants under section 5505(d) to the center identified in section 5505(j)(4)(F), as in effect on the day before the date of enactment of the Federal Public Transportation Act of 2005.
(D)
(7)
(A)
(B)
(8)
(b)
(1)
(A) $6,979,931,000 for fiscal year 2006;
(B) $7,262,775,000 for fiscal year 2007;
(C) $7,872,893,000 for fiscal year 2008; and
(D) $8,360,565,000 for fiscal year 2009.
(2)
(A) $95,000,000 for fiscal year 2006, $99,000,000 for fiscal year 2007, $107,000,000 for fiscal year 2008, and $113,500,000 for fiscal year 2009 shall be available to carry out section 5305;
(B) $3,466,681,000 for fiscal year 2006, $3,606,175,000 for fiscal year 2007, $3,910,843,000 for fiscal year 2008, and $4,160,365,000 for fiscal year 2009 shall be allocated in accordance with section 5336 to provide financial assistance for urbanized areas under section 5307;
(C) $43,000,000 for fiscal year 2006, $45,000,000 for fiscal year 2007, $49,000,000 for fiscal year 2008, and $51,500,000 for fiscal year 2009 shall be available to carry out section 5308;
(D) $1,391,000,000 for fiscal year 2006, $1,448,000,000 for fiscal year 2007, $1,570,000,000 for fiscal year 2008, and $1,666,500,000 for fiscal year 2009 shall be allocated in accordance with section 5337 to provide financial assistance under section 5309(m)(2)(B);
(E) $822,250,000 for fiscal year 2006, $855,500,000 for fiscal year 2007, $927,750,000 for fiscal year 2008, and $984,000,000 for fiscal year 2009 shall be available to carry out section 5309(m)(2)(C);
(F) $112,000,000 for fiscal year 2006, $117,000,000 for fiscal year 2007, $127,000,000 for fiscal year 2008, and $133,500,000 for fiscal year 2009 shall be available to provide financial assistance for services for elderly persons and persons with disabilities under section 5310;
(G) $388,000,000 for fiscal year 2006, $404,000,000 for fiscal year 2007, $438,000,000 for fiscal year 2008, and $465,000,000 for fiscal year 2009 shall be available to provide financial assistance for other than urbanized areas under section 5311;
(H) $138,000,000 for fiscal year 2006, $144,000,000 for fiscal year 2007, $156,000,000 for fiscal year 2008, and $164,500,000 for fiscal year 2009 shall be available to carry out section 5316;
(I) $78,000,000 for fiscal year 2006, $81,000,000 for fiscal year 2007, $87,500,000 for fiscal year 2008, and $92,500,000 for fiscal year 2009 shall be available to carry out section 5317;
(J) $22,000,000 for fiscal year 2006, $23,000,000 for fiscal year 2007, $25,000,000 for fiscal year 2008, and $26,900,000 for fiscal year 2009 shall be available to carry out section 5320;
(K) $3,500,000 in fiscal year 2006; $3,500,000 in fiscal year 2007; $3,500,000 in fiscal year 2008; and $3,500,000 in fiscal year 2009 shall be available to carry out section 5335;
(L) $25,000,000 in fiscal year 2006; $25,000,000 in fiscal year 2007; $25,000,000 in fiscal year 2008; and $25,000,000 in fiscal year 2009 shall be available to carry out section 5339;
(M) $388,000,000 for fiscal year 2006, $404,000,000 for fiscal year 2007, $438,000,000 for fiscal year 2008, and $465,000,000 for fiscal year 2009 shall be allocated in accordance with section 5340 to provide financial assistance for urbanized areas under section 5307 and other than urbanized areas under section 5311; and
(N) $7,500,000 for fiscal year 2006, $7,600,000 for fiscal year 2007, $8,300,000 for fiscal year 2008, and $8,800,000 for fiscal year 2009 shall be available to carry out section 3038 of the Transportation Equity Act for the 21st Century (49 U.S.C. 5310 note).
(c)
(1) $1,503,000,000 for fiscal year 2006;
(2) $1,566,000,000 for fiscal year 2007;
(3) $1,700,000,000 for fiscal year 2008; and
(4) $1,809,250,000 for fiscal year 2009.
(d)
(1)
(A) $9,000,000 for fiscal year 2006, $9,300,000 for fiscal year 2007, $9,600,000 for fiscal year 2008, and $10,000,000 for fiscal year 2009 shall be allocated to carry out transit cooperative research programs under section 5313;
(B) $4,300,000 shall be allocated for each fiscal year to carry out programs under the National Transit Institute under section 5315, of which not more than $1,000,000 for each fiscal year shall be used to carry out section 5315(a)(16);
(C) $7,000,000 shall be allocated for each fiscal year to carry out the university centers program under section 5506;
(D) $3,000,000 shall be allocated for each fiscal year to carry out Project Action under section 5314(a)(2);
(E) $1,000,000 shall be allocated for each fiscal year to carry out the National Technical Assistance Center under section 5314(c); and
(F) any funds made available under this paragraph that are not allocated under subparagraphs (A) through (E) shall be allocated to carry out national research programs under sections 5312, 5313, 5314, and 5322.
(2)
(A)
(i) $2,000,000 for each of fiscal years 2006 through 2009 for the University of Tennessee—Knoxville National Transportation Research Center.
(ii) $1,500,000 for each of fiscal years 2006 through 2009 for Texas A&M University—Texas Transportation Institute.
(iii) $1,000,000 for each of fiscal years 2006 through 2009 for Morgan State University.
(iv) $400,000 for each of fiscal years 2006 and 2007 for the Small Urban and Rural Transit Center at North Dakota State University.
(v) $550,000 for each of fiscal years 2006 and 2007 and $650,000 for each of fiscal years 2008 and 2009 for the University Transportation Center at the University of Alabama.
(vi) $450,000 for each of fiscal years 2006 and 2007 and $550,000 for each of fiscal years 2008 and 2009 for the Injury Control Research Center at the University of Alabama Birmingham.
(vii) $550,000 for each of fiscal years 2006 and 2007 and $650,000 for each of fiscal years 2008 and 2009 for the Jackson State University Intermodal Transportation Institute at the Jackson State University.
(viii) $550,000 for each of fiscal years 2006 and 2007 and $650,000 for each of fiscal years 2008 and 2009 for the University Transportation Center at the University of Denver/Mississippi State University.
(B)
(e)
(1) $82,000,000 for fiscal year 2006;
(2) $85,000,000 for fiscal year 2007;
(3) $92,500,000 for fiscal year 2008; and
(4) $98,500,000 for fiscal year 2009.
(f)
(1)
(2)
(g)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 845; Pub. L. 104–287, §5(20), Oct. 11, 1996, 110 Stat. 3390; Pub. L. 102–240, §3049(c), as added Pub. L. 105–130, §8, Dec. 1, 1997, 111 Stat. 2559; Pub. L. 105–178, title III, §3029(a), (c), June 9, 1998, 112 Stat. 368; Pub. L. 105–206, title IX, §9009(q), July 22, 1998, 112 Stat. 858; Pub. L. 108–88, §8(c), (e)–(g), (i), (k), Sept. 30, 2003, 117 Stat. 1121–1124; Pub. L. 108–202, §9(c), (e)–(g), (i), (k), Feb. 29, 2004, 118 Stat. 485–487; Pub. L. 108–224, §7(c), (e)–(g), (i), (k), Apr. 30, 2004, 118 Stat. 633–636; Pub. L. 108–263, §7(c), (e)–(g), (i), (k), June 30, 2004, 118 Stat. 704–707; Pub. L. 108–280, §7(c), (e)–(g), (i), (k), July 30, 2004, 118 Stat. 882–884; Pub. L. 108–310, §8(c), (e)–(g), (i), (k), Sept. 30, 2004, 118 Stat. 1154–1157; Pub. L. 109–14, §7(b), (d)–(f), (h), (j), May 31, 2005, 119 Stat. 331–333; Pub. L. 109–20, §7(b), (d)–(f), (h), (j), July 1, 2005, 119 Stat. 353–355; Pub. L. 109–35, §7(b), (d)–(f), (h), (j), July 20, 2005, 119 Stat. 386–388; Pub. L. 109–37, §7(b), (d)–(f), (h), (j), July 22, 2005, 119 Stat. 401–403; Pub. L. 109–40, §7(b), (d)–(f), (h), (j), July 28, 2005, 119 Stat. 417–419; Pub. L. 109–42, §5(a), July 30, 2005, 119 Stat. 436; Pub. L. 109–59, title III, §3036, Aug. 10, 2005, 119 Stat. 1629.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5338(a) | 49 App.:1617(a) (less availability). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §21; added Jan. 6, 1983, Pub. L. 97–424, §302(a), 96 Stat. 2140; Apr. 2, 1987, Pub. L. 100–17, §328, 101 Stat. 238; restated Dec. 18, 1991, Pub. L. 102–240, §3025, 105 Stat. 2112; Oct. 6, 1992, Pub. L. 102–388, §502(m)–(q), 106 Stat. 1567. |
| 5338(b) | 49 App.:1617(b) (less availability). | |
| 5338(c) | 49 App.:1625(d) (1st sentence). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §29(d); added Dec. 18, 1991, Pub. L. 102–240, §6022, 105 Stat. 2185. |
| 5338(d) | 49 App.:1607c(c)(6). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §11(c)(6); added Dec. 18, 1991, Pub. L. 102–240, §6024, 105 Stat. 2189; Sept. 23, 1992, Pub. L. 102–368, §801, 106 Stat. 1131. |
| 5338(e)(1) | 49 App.:1607c(b) (8)(B)(iii), (13) (1st sentence). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §11(b) (8)(B)(iii), (10)(C), (13); added Dec. 18, 1991, Pub. L. 102–240, §6023, 105 Stat. 2186, 2187, 2188. |
| 5338(e)(2) | 49 App.:1607c(b) (1)(C). | |
| 5338(f) | 49 App.:1617(g). | |
| 5338(g)–(i) | 49 App.:1617(c) (less availability), (d) (less availability), (e). | |
| 5338(j)(1) | 49 App.:1612(b) (last sentence). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §16(b) (last sentence); added Oct. 15, 1970, Pub. L. 91–453, §8, 84 Stat. 968; Aug. 13, 1973, Pub. L. 93–87, §301(g), 87 Stat. 296; restated Nov. 6, 1978, Pub. L. 95–599, §311(a), 92 Stat. 2748; Jan. 6, 1983, Pub. L. 97–424, §317(a), 96 Stat. 2153. |
| 5338(j)(2) | 49 App.:1612(d). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §16(d); added Oct. 15, 1970, Pub. L. 91–453, §8, 84 Stat. 968; Dec. 18, 1991, Pub. L. 102–240, §3021(5), 105 Stat. 2110. |
| 5338(j)(3) | 49 App.:1603(c) (last sentence). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §4(c) (last sentence); added Nov. 6, 1978, Pub. L. 95–599, §303(e), 92 Stat. 2739; Dec. 18, 1991, Pub. L. 102–240, §3006(h)(1), 105 Stat. 2090. |
| 5338(j)(4) | 49 App.:1617(f) (less availability). | |
| 5338(j)(5) | 49 App.:1602(m) (1st sentence). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §3(m) (1st sentence); added Dec. 18, 1991, Pub. L. 102–240, §3009, 105 Stat. 2093. |
| 5338(k) | 49 App.:1607c(b)(13) (last sentence). | |
| 49 App.:1617(b)(4). | ||
| 49 App.:1625(d) (last sentence). | ||
| 5338(l)(1) | 49 App.:1614(a) (last sentence). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §18(a) (last sentence); added Nov. 6, 1978, Pub. L. 95–599, §313, 92 Stat. 2749. |
| 5338(l)(2) | 49 App.:1617(a)–(d), (f) (as (a)–(d), (f) relate to availability). | |
| 5338(l)(3) | 49 App.:1607a–2(c). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9B(c); added Apr. 2, 1987, Pub. L. 100–17, §313, 101 Stat. 229. |
In this section, references to fiscal year 1992 are omitted as obsolete.
In subsections (a)(1) and (b)(1), before each clause (A), the word “only” is omitted as surplus.
In subsection (a)(1), before clause (A), the words “for the Secretary of Transportation” are added or clarity and consistency.
In subsections (a)(2) and (b)(2), before each clause (A), and (d), before clause (1), the words “to the Secretary” are added for clarity and consistency.
In subsections (b)(1), before clause (A), and (e)(1), the words “for the Secretary” are added for clarity and consistency.
In subsection (d), the text of 49 App.:1607c(c)(6) (last sentence) is omitted as obsolete.
In subsection (e)(1), the word “section” in the source provision is translated as if it were “subsection” to reflect the apparent intent of Congress.
In subsection (h)(3), the words “relating to university transportation centers” are omitted as surplus.
In subsection (j)(2), the words “set aside and” and “exclusively” are omitted as surplus. The word “mass” is added for consistency in this chapter.
In subsection (k)(1), the words “Notwithstanding any other provision of law” in 49 App.:1607c(b)(13) (last sentence) and 1625(d) (last sentence) are omitted as surplus. The words “financed with” are added for clarity.
In subsection (k)(2), the words “that is financed with” are added for clarity.
In subsection (l)(3)(A), the words “for obligation by the recipient”, “a period of”, and “the close of” are omitted as surplus.
Pub. L. 104–287
This amends 49:5338(g)(2) to correct an erroneous cross-reference.
References in Text
Section 3038 of the Transportation Equity Act for the 21st Century, referred to in subsecs. (a)(1) and (b)(2)(N), is section 3038 of Pub. L. 105–178, which is set out as a note under section 5310 of this title.
Section 3037 of the Transportation Equity Act for the 21st Century, referred to in subsec. (a)(2), is section 3037 of Pub. L. 105–178, which was set out as a note under section 5309 of this title prior to repeal by Pub. L. 109–59, title III, §3018(c), Aug. 10, 2005, 119 Stat. 1605, effective Oct. 1, 2005.
Section 3015(b) of the Transportation Equity Act for the 21st Century, referred to in subsec. (a)(3)(B), (C)(vii), is section 3015(b) of Pub. L. 105–178, title III, June 9, 1998, 112 Stat. 361, which is not classified to the Code.
The date of enactment of the Federal Public Transportation Act of 2005, referred to in subsec. (a)(4)(A), (B), (6)(C), is the date of enactment of title III of Pub. L. 109–59, which was approved Aug. 10, 2005.
Section 3038 of the Federal Transit Act of 1998, referred to in subsec. (b)(1), is section 3038 of title III of Pub. L. 105–178, which is set out as a note under section 5310 of this title.
Amendments
2005—Pub. L. 109–59 amended section generally. Prior to amendment, section authorized appropriations and availability of funds to carry out sections 5303 to 5305, 5307 to 5315, 5322, and 5334 of this title for periods ranging from fiscal year 1998 to August 14, 2004.
Subsec. (a)(2). Pub. L. 109–40, §7(b)(1), substituted “
Pub. L. 109–37, §7(b)(1), substituted “
Pub. L. 109–35, §7(b)(1), substituted “
Pub. L. 109–20, §7(b)(1), substituted “
Pub. L. 109–14, §7(b)(1), substituted “
Subsec. (a)(2)(A)(vii). Pub. L. 109–40, §7(b)(2), substituted “$2,796,817,658” for “$2,795,000,000” and “July 30, 2005” for “July 27, 2005”.
Pub. L. 109–37, §7(b)(2), substituted “$2,795,000,000” for “$2,793,483,000” and “July 27, 2005” for “July 21, 2005”.
Pub. L. 109–35, §7(b)(2), substituted “$2,793,483,000” for “$2,675,300,000” and “July 21, 2005” for “July 19, 2005”.
Pub. L. 109–20, §7(b)(2), substituted “$2,675,300,000” for “$2,545,785,000” and “July 19, 2005” for “June 30, 2005”.
Pub. L. 109–14, §7(b)(2), substituted “$2,545,785,000” for “$2,201,760,000” and “June 30, 2005” for “May 31, 2005”.
Subsec. (a)(2)(B)(vii). Pub. L. 109–40, §7(b)(3), substituted “July 30, 2005” for “July 27, 2005”.
Pub. L. 109–37, §7(b)(3), substituted “July 27, 2005” for “July 21, 2005”.
Pub. L. 109–35, §7(b)(3), substituted “July 21, 2005” for “July 19, 2005”.
Pub. L. 109–20, §7(b)(3), substituted “July 19, 2005” for “June 30, 2005”.
Pub. L. 109–14, §7(b)(3), substituted “June 30, 2005” for “May 31, 2005”.
Subsec. (a)(2)(C). Pub. L. 109–40, §7(b)(4), substituted “July 30, 2005” for “July 27, 2005” in introductory provisions.
Pub. L. 109–37, §7(b)(4), substituted “July 27, 2005” for “July 21, 2005” in introductory provisions.
Pub. L. 109–35, §7(b)(4), substituted “July 21, 2005” for “July 19, 2005” in introductory provisions.
Pub. L. 109–20, §7(b)(4), substituted “July 19, 2005” for “June 30, 2005” in introductory provisions.
Pub. L. 109–14, §7(b)(4), substituted “June 30, 2005” for “May 31, 2005” in introductory provisions.
Subsec. (b)(2). Pub. L. 109–40, §7(d)(1), substituted “
Pub. L. 109–37, §7(d)(1), substituted “
Pub. L. 109–35, §7(d)(1), substituted “
Pub. L. 109–20, §7(d)(1), substituted “
Pub. L. 109–14, §7(d)(1), substituted “
Subsec. (b)(2)(A)(vii). Pub. L. 109–40, §7(d)(2), substituted “$2,336,442,169” for “$2,309,000,366” and “July 30, 2005” for “July 27, 2005”.
Pub. L. 109–37, §7(d)(2), substituted “$2,309,000,366” for “$2,263,265,142” and “July 27, 2005” for “July 21, 2005”.
Pub. L. 109–35, §7(d)(2), substituted “$2,263,265,142” for “$2,235,820,000” and “July 21, 2005” for “July 19, 2005”.
Pub. L. 109–20, §7(d)(2), substituted “$2,235,820,000” for “$2,012,985,000” and “July 19, 2005” for “June 30, 2005”.
Pub. L. 109–14, §7(d)(2), substituted “$2,012,985,000” for “$1,740,960,000” and “June 30, 2005” for “May 31, 2005”.
Subsec. (b)(2)(B)(vii). Pub. L. 109–40, §7(d)(3), substituted “July 30, 2005” for “July 27, 2005”.
Pub. L. 109–37, §7(d)(3), substituted “July 27, 2005” for “July 21, 2005”.
Pub. L. 109–35, §7(d)(3), substituted “July 21, 2005” for “July 19, 2005”.
Pub. L. 109–20, §7(d)(3), substituted “July 19, 2005” for “June 30, 2005”.
Pub. L. 109–14, §7(d)(3), substituted “June 30, 2005” for “May 31, 2005”.
Subsec. (c)(2). Pub. L. 109–40, §7(e)(1), substituted “
Pub. L. 109–37, §7(e)(1), substituted “
Pub. L. 109–35, §7(e)(1), substituted “
Pub. L. 109–20, §7(e)(1), substituted “
Pub. L. 109–14, §7(e)(1), substituted “
Subsec. (c)(2)(A)(vii). Pub. L. 109–40, §7(e)(2), substituted “$50,146,668” for “$49,546,681” and “July 30, 2005” for “July 27, 2005”.
Pub. L. 109–37, §7(e)(2), substituted “$49,546,681” for “$48,546,727” and “July 27, 2005” for “July 21, 2005”.
Pub. L. 109–35, §7(e)(2), substituted “$48,546,727” for “$47,946,667” and “July 21, 2005” for “July 19, 2005”.
Pub. L. 109–20, §7(e)(2), substituted “$47,946,667” for “$48,346,668” and “July 19, 2005” for “June 30, 2005”.
Pub. L. 109–14, §7(e)(2), substituted “$48,346,668” for “$41,813,334” and “June 30, 2005” for “May 31, 2005”.
Subsec. (c)(2)(B)(vii). Pub. L. 109–40, §7(e)(3), substituted “July 30, 2005” for “July 27, 2005”.
Pub. L. 109–37, §7(e)(3), substituted “July 27, 2005” for “July 21, 2005”.
Pub. L. 109–35, §7(e)(3), substituted “July 21, 2005” for “July 19, 2005”.
Pub. L. 109–20, §7(e)(3), substituted “July 19, 2005” for “June 30, 2005”.
Pub. L. 109–14, §7(e)(3), substituted “June 30, 2005” for “May 31, 2005”.
Subsec. (d)(2). Pub. L. 109–40, §7(f)(1), substituted “
Pub. L. 109–37, §7(f)(1), substituted “
Pub. L. 109–35, §7(f)(1), substituted “
Pub. L. 109–20, §7(f)(1), substituted “
Pub. L. 109–14, §7(f)(1), substituted “
Subsec. (d)(2)(A)(vii). Pub. L. 109–40, §7(f)(2), substituted “$39,950,343” for “$39,554,804” and “July 30, 2005” for “July 27, 2005”.
Pub. L. 109–37, §7(f)(2), substituted “$39,554,804” for “$37,385,434” and “July 27, 2005” for “July 21, 2005”.
Pub. L. 109–35, §7(f)(2), substituted “$37,385,434” for “$36,933,334” and “July 21, 2005” for “July 19, 2005”.
Pub. L. 109–20, §7(f)(2), substituted “$36,933,334” for “$32,683,333” and “July 19, 2005” for “June 30, 2005”.
Pub. L. 109–14, §7(f)(2), substituted “$32,683,333” for “$28,266,667” and “June 30, 2005” for “May 31, 2005”.
Subsec. (d)(2)(B)(vii). Pub. L. 109–40, §7(f)(3), substituted “July 30, 2005” for “July 27, 2005”.
Pub. L. 109–37, §7(f)(3), substituted “July 27, 2005” for “July 21, 2005”.
Pub. L. 109–35, §7(f)(3), substituted “July 21, 2005” for “July 19, 2005”.
Pub. L. 109–20, §7(f)(3), substituted “July 19, 2005” for “June 30, 2005”.
Pub. L. 109–14, §7(f)(3), substituted “June 30, 2005” for “May 31, 2005”.
Subsec. (d)(2)(C). Pub. L. 109–40, §7(f)(4), substituted “July 30, 2005” for “July 27, 2005” in introductory provisions.
Pub. L. 109–37, §7(f)(4), substituted “July 27, 2005” for “July 21, 2005” in introductory provisions.
Pub. L. 109–35, §7(f)(4), substituted “July 21, 2005” for “July 19, 2005” in introductory provisions.
Pub. L. 109–20, §7(f)(4), substituted “July 19, 2005” for “June 30, 2005” in introductory provisions.
Pub. L. 109–14, §7(f)(4), substituted “June 30, 2005” for “May 31, 2005” in introductory provisions.
Subsec. (e)(2). Pub. L. 109–40, §7(h)(1), substituted “
Pub. L. 109–37, §7(h)(1), substituted “
Pub. L. 109–35, §7(h)(1), substituted “
Pub. L. 109–20, §7(h)(1), substituted “
Pub. L. 109–14, §7(h)(1), substituted “
Subsec. (e)(2)(A). Pub. L. 109–40, §7(h)(2), substituted “$4,180,822” for “$4,131,508” and “July 30, 2005” for “July 27, 2005”.
Pub. L. 109–37, §7(h)(2), substituted “$4,131,508” for “$4,060,000” and “July 27, 2005” for “July 21, 2005”.
Pub. L. 109–35, §7(h)(2), substituted “$4,060,000” for “$4,000,000” and “July 21, 2005” for “July 19, 2005”.
Pub. L. 109–20, §7(h)(2), substituted “$4,000,000” for “$3,700,000” and “July 19, 2005” for “June 30, 2005”.
Pub. L. 109–14, §7(h)(2), substituted “$3,700,000” for “$3,200,000” and “June 30, 2005” for “May 31, 2005”.
Subsec. (e)(2)(B). Pub. L. 109–40, §7(h)(3), substituted “July 30, 2005” for “July 27, 2005”.
Pub. L. 109–37, §7(h)(3), substituted “July 27, 2005” for “July 21, 2005”.
Pub. L. 109–35, §7(h)(3), substituted “July 21, 2005” for “July 19, 2005”.
Pub. L. 109–20, §7(h)(3), substituted “July 19, 2005” for “June 30, 2005”.
Pub. L. 109–14, §7(h)(3), substituted “June 30, 2005” for “May 31, 2005”.
Subsec. (e)(2)(C)(i), (iii). Pub. L. 109–40, §7(h)(4), substituted “July 30, 2005” for “July 27, 2005” in introductory provisions of cl. (i) and in cl. (iii).
Pub. L. 109–37, §7(h)(4), substituted “July 27, 2005” for “July 21, 2005” in introductory provisions of cl. (i) and in cl. (iii).
Pub. L. 109–35, §7(h)(4), substituted “July 21, 2005” for “July 19, 2005” in introductory provisions of cl. (i) and in cl. (iii).
Pub. L. 109–20, §7(h)(4), substituted “July 19, 2005” for “June 30, 2005” in introductory provisions of cl. (i) and in cl. (iii).
Pub. L. 109–14, §7(h)(4), substituted “June 30, 2005” for “May 31, 2005” in introductory provisions of cl. (i) and in cl. (iii).
Subsec. (f)(2). Pub. L. 109–42, §5(a)(1), substituted “
Pub. L. 109–40, §7(j)(1), substituted “
Pub. L. 109–37, §7(j)(1), substituted “
Pub. L. 109–35, §7(j)(1), substituted “
Pub. L. 109–20, §7(j)(1), substituted “
Pub. L. 109–14, §7(j)(1), substituted “
Subsec. (f)(2)(A)(vii). Pub. L. 109–42, §5(a)(2), substituted “$57,650,686” for “$54,350,686” and “August 14” for “July 30”.
Pub. L. 109–40, §7(j)(2), substituted “$54,350,686” for “$53,709,604” and “July 30, 2005” for “July 27, 2005”.
Pub. L. 109–37, §7(j)(2), substituted “$53,709,604” for “$52,780,000” and “July 27, 2005” for “July 21, 2005”.
Pub. L. 109–35, §7(j)(2), substituted “$52,780,000” for “$52,000,000” and “July 21, 2005” for “July 19, 2005”.
Pub. L. 109–20, §7(j)(2), substituted “$52,000,000” for “$48,100,000” and “July 19, 2005” for “June 30, 2005”.
Pub. L. 109–14, §7(j)(2), substituted “$48,100,000” for “$41,600,000” and “June 30, 2005” for “May 31, 2005”.
Subsec. (f)(2)(B)(vii). Pub. L. 109–42, §5(a)(3), substituted “August 14” for “July 30”.
Pub. L. 109–40, §7(j)(3), substituted “July 30, 2005” for “July 27, 2005”.
Pub. L. 109–37, §7(j)(3), substituted “July 27, 2005” for “July 21, 2005”.
Pub. L. 109–35, §7(j)(3), substituted “July 21, 2005” for “July 19, 2005”.
Pub. L. 109–20, §7(j)(3), substituted “July 19, 2005” for “June 30, 2005”.
Pub. L. 109–14, §7(j)(3), substituted “June 30, 2005” for “May 31, 2005”.
2004—Subsec. (a)(2). Pub. L. 108–310, §8(c)(1), inserted “
Pub. L. 108–280, §7(c)(1), struck out “
Pub. L. 108–263, §7(c)(1), substituted “
Pub. L. 108–224, §7(c)(1), substituted “
Pub. L. 108–202, §9(c)(1), substituted “
Subsec. (a)(2)(A)(vi). Pub. L. 108–280, §7(c)(2), added cl. (vi) and struck out former cl. (vi) which read: “$2,544,233,267 for the period of October 1, 2003, through July 31, 2004.”
Pub. L. 108–263, §7(c)(2), substituted “$2,544,233,267” for “$2,289,809,940” and “July 31, 2004” for “June 30, 2004”.
Pub. L. 108–224, §7(c)(2), substituted “$2,289,809,940” for “$1,780,963,287” and “June 30, 2004” for “April 30, 2004”.
Pub. L. 108–202, §9(c)(2), substituted “$1,780,963,287” for “$1,292,948,344” and “April 30, 2004” for “February 29, 2004”.
Subsec. (a)(2)(A)(vii). Pub. L. 108–310, §8(c)(2)–(4), added cl. (vii).
Subsec. (a)(2)(B)(vi). Pub. L. 108–280, §7(c)(3), added cl. (vi) and struck out former cl. (vi) which read: “$636,058,317 for the period of October 1, 2003, through July 31, 2004.”
Pub. L. 108–263, §7(c)(3), substituted “$636,058,317” for “$572,452,485” and “July 31, 2004” for “June 30, 2004”.
Pub. L. 108–224, §7(c)(3), substituted “$572,452,485” for “$445,240,822” and “June 30, 2004” for “April 30, 2004”.
Pub. L. 108–202, §9(c)(3), substituted “$445,240,822” for “$323,459,169” and “April 30, 2004” for “February 29, 2004”.
Subsec. (a)(2)(B)(vii). Pub. L. 108–310, §8(c)(2), (3), (5), added cl. (vii).
Subsec. (a)(2)(C). Pub. L. 108–310, §8(c)(6), substituted “2005 (other than for the period of October 1, 2004, through May 31, 2005)” for “2003” in introductory provisions.
Pub. L. 108–280, §7(c)(4), substituted “each of fiscal years 1999 through 2003” for “a fiscal year (other than for the period of October 1, 2003, through July 31, 2004)” in introductory provisions.
Pub. L. 108–263, §7(c)(4), substituted “July 31, 2004” for “June 30, 2004” in introductory provisions.
Pub. L. 108–224, §7(c)(4), substituted “June 30, 2004” for “April 30, 2004” in introductory provisions.
Pub. L. 108–202, §9(c)(4), substituted “April 30, 2004” for “February 29, 2004” in introductory provisions.
Subsec. (b)(2). Pub. L. 108–310, §8(e)(1), inserted “
Pub. L. 108–280, §7(e)(1), struck out “
Pub. L. 108–263, §7(e)(1), substituted “
Pub. L. 108–224, §7(e)(1), substituted “
Pub. L. 108–202, §9(e)(1), substituted “
Subsec. (b)(2)(A)(vi). Pub. L. 108–280, §7(e)(2), added cl. (vi) and struck out former cl. (vi) which read: “$2,079,325,834 for the period of October 1, 2003, through July 31, 2004.”
Pub. L. 108–263, §7(e)(2), substituted “$2,079,325,834” for “$1,871,393,250” and “July 31, 2004” for “June 30, 2004”.
Pub. L. 108–224, §7(e)(2), substituted “$1,871,393,250” for “$1,819,410,104” and “June 30, 2004” for “April 30, 2004”.
Pub. L. 108–202, §9(e)(2), substituted “$1,819,410,104” for “$1,022,503,342” and “April 30, 2004” for “February 29, 2004”.
Subsec. (b)(2)(A)(vii). Pub. L. 108–310, §8(e)(2)–(4), added cl. (vii).
Subsec. (b)(2)(B)(vi). Pub. L. 108–280, §7(e)(3), added cl. (vi) and struck out former cl. (vi) which read: “$519,831,458 for the period of October 1, 2003, through July 31, 2004.”
Pub. L. 108–263, §7(e)(3), substituted “$519,831,458” for “$467,848,313” and “July 31, 2004” for “June 30, 2004”.
Pub. L. 108–224, §7(e)(3), substituted “$467,848,313” for “$363,882,021” and “June 30, 2004” for “April 30, 2004”.
Pub. L. 108–202, §9(e)(3), substituted “$363,882,021” for “$255,801,669” and “April 30, 2004” for “February 29, 2004”.
Subsec. (b)(2)(B)(vii). Pub. L. 108–310, §8(e)(2), (3), (5), added cl. (vii).
Subsec. (c)(2). Pub. L. 108–310, §8(f)(1), inserted “
Pub. L. 108–280, §7(f)(1), struck out “
Pub. L. 108–263, §7(f)(1), substituted “
Pub. L. 108–224, §7(f)(1), substituted “
Pub. L. 108–202, §9(f)(1), substituted “
Subsec. (c)(2)(A)(vi). Pub. L. 108–280, §7(f)(2), added cl. (vi) and struck out former cl. (vi) which read: “$48,545,217 for the period of October 1, 2003, through July 31, 2004.”
Pub. L. 108–263, §7(f)(2), substituted “$48,545,217” for “$43,690,695” and “July 31, 2004” for “June 30, 2004”.
Pub. L. 108–224, §7(f)(2), substituted “$43,690,695” for “$33,981,652” and “June 30, 2004” for “April 30, 2004”.
Pub. L. 108–202, §9(f)(2), substituted “$33,981,652” for “$24,636,667” and “April 30, 2004” for “February 29, 2004”.
Subsec. (c)(2)(A)(vii). Pub. L. 108–310, §8(f)(2)–(4), added cl. (vii). See Codification note above.
Subsec. (c)(2)(B)(vi). Pub. L. 108–280, §7(f)(3), added cl. (vi) and struck out former cl. (vi) which read: “$11,929,200 for the period of October 1, 2003, through July 31, 2004.”
Pub. L. 108–263, §7(f)(3), substituted “$11,929,200” for “$10,736,280” and “July 31, 2004” for “June 30, 2004”.
Pub. L. 108–224, §7(f)(3), substituted “$10,736,280” for “$8,350,440” and “June 30, 2004” for “April 30, 2004”.
Pub. L. 108–202, §9(f)(3), substituted “$8,350,440” for “$6,100,000” and “April 30, 2004” for “February 29, 2004”.
Subsec. (c)(2)(B)(vii). Pub. L. 108–310, §8(f)(2), (3), (5), added cl. (vii). See Codification note above.
Subsec. (c)(2)(C). Pub. L. 108–310, §8(f)(6), inserted “or any portion of a fiscal year” after “for a fiscal year” in introductory provisions. See Codification note above.
Pub. L. 108–280, §7(f)(4), struck out “or any portion of a fiscal year” after “for a fiscal year” in introductory provisions.
Subsec. (d)(2). Pub. L. 108–310, §8(g)(1), inserted “
Pub. L. 108–280, §7(g)(1), struck out “
Pub. L. 108–263, §7(g)(1), substituted “
Pub. L. 108–224, §7(g)(1), substituted “
Pub. L. 108–202, §9(g)(1), substituted “
Subsec. (d)(2)(A)(vi). Pub. L. 108–280, §7(g)(2), added cl. (vi) and struck out former cl. (vi) which read: “$34,959,183 for the period of October 1, 2003, through July 31, 2004.”
Pub. L. 108–263, §7(g)(2), substituted “$34,959,183” for “$31,463,265” and “July 31, 2004” for “June 30, 2004”.
Pub. L. 108–224, §7(g)(2), substituted “$31,463,265” for “$24,471,428” and “June 30, 2004” for “April 30, 2004”.
Pub. L. 108–202, §9(g)(2), substituted “$24,471,428” for “$16,536,667” and “April 30, 2004” for “February 29, 2004”.
Subsec. (d)(2)(A)(vii). Pub. L. 108–310, §8(g)(2)–(4), added cl. (vii).
Subsec. (d)(2)(B)(vi). Pub. L. 108–280, §7(g)(3), added cl. (vi) and struck out former cl. (vi) which read: “$8,946,900 for the period of October 1, 2003, through July 31, 2004.”
Pub. L. 108–263, §7(g)(3), substituted “$8,946,900” for “$8,052,210” and “July 31, 2004” for “June 30, 2004”.
Pub. L. 108–224, §7(g)(3), substituted “$8,052,210” for “$6,262,830” and “June 30, 2004” for “April 30, 2004”.
Pub. L. 108–202, §9(g)(3), substituted “$6,262,830” for “$4,095,000” and “April 30, 2004” for “February 29, 2004”.
Subsec. (d)(2)(B)(vii). Pub. L. 108–310, §8(g)(2), (3), (5), added cl. (vii).
Subsec. (d)(2)(C). Pub. L. 108–310, §8(g)(6), inserted “(other than for the period of October 1, 2004, through May 31, 2005)” after “a fiscal year” in introductory provisions.
Pub. L. 108–280, §7(g)(4), struck out “(other than for the period of October 1, 2003, through July 31, 2004)” after “a fiscal year”.
Pub. L. 108–263, §7(g)(4), substituted “July 31, 2004” for “June 30, 2004” in introductory provisions.
Pub. L. 108–224, §7(g)(4), substituted “June 30, 2004” for “April 30, 2004” in introductory provisions.
Pub. L. 108–202, §9(g)(4), substituted “April 30, 2004” for “February 29, 2004” in introductory provisions.
Subsec. (e)(2). Pub. L. 108–310, §8(i)(1), inserted “
Pub. L. 108–280, §7(i)(1), struck out “
Pub. L. 108–263, §7(i)(1), substituted “
Pub. L. 108–224, §7(i)(1), substituted “
Pub. L. 108–202, §9(i)(1), substituted “
Subsec. (e)(2)(A). Pub. L. 108–310, §8(i)(2), inserted “and $3,200,000 for the period of October 1, 2004, through May 31, 2005” after “2004”.
Pub. L. 108–280, §7(i)(2), struck out “2003 and $3,976,400 for the period of October 1, 2003, through July 31,” before “2004”.
Pub. L. 108–263, §7(i)(2), substituted “$3,976,400” for “$3,578,760” and “July 31, 2004” for “June 30, 2004”.
Pub. L. 108–224, §7(i)(2), substituted “$3,578,760” for “$2,783,480” and “June 30, 2004” for “April 30, 2004”.
Pub. L. 108–202, §9(i)(2), substituted “$2,783,480” for “$2,020,833” and “April 30, 2004” for “February 29, 2004”.
Subsec. (e)(2)(B). Pub. L. 108–310, §8(i)(3), inserted “and $800,000 for the period of October 1, 2004, through May 31, 2005” after “2004”.
Pub. L. 108–280, §7(i)(3), struck out “2003 and $994,100 for the period of October 1, 2003, through July 31,” before “2004”.
Pub. L. 108–263, §7(i)(3), substituted “$994,100” for “$894,690” and “July 31, 2004” for “June 30, 2004”.
Pub. L. 108–224, §7(i)(3), substituted “$894,690” for “$695,870” and “June 30, 2004” for “April 30, 2004”.
Pub. L. 108–202, §9(i)(3), substituted “$695,870” for “$505,833” and “April 30, 2004” for “February 29, 2004”.
Subsec. (e)(2)(C)(i), (iii). Pub. L. 108–310, §8(i)(4), inserted “(other than for the period of October 1, 2004, through May 31, 2005)” after “fiscal year”.
Pub. L. 108–280, §7(i)(4), struck out “(other than for the period of October 1, 2003, through July 31, 2004)” after “fiscal year”.
Pub. L. 108–263, §7(i)(4), substituted “July 31, 2004” for “June 30, 2004”.
Pub. L. 108–224, §7(i)(4), substituted “June 30, 2004” for “April 30, 2004”.
Pub. L. 108–202, §9(i)(4), substituted “April 30, 2004” for “February 29, 2004”.
Subsec. (f)(2). Pub. L. 108–310, §8(k)(1), inserted “
Pub. L. 108–280, §7(k)(1), struck out “
Pub. L. 108–263, §7(k)(1), substituted “
Pub. L. 108–224, §7(k)(1), substituted “
Pub. L. 108–202, §9(k)(1), substituted “
Subsec. (f)(2)(A)(vi). Pub. L. 108–280, §7(k)(2), added cl. (vi) and struck out former cl. (vi) which read: “$50,036,366 for the period of October, 1, 2003, through July 31, 2004.”
Pub. L. 108–263, §7(k)(2), substituted “$50,036,366” for “$45,032,730” and “July 31, 2004” for “June 30, 2004”.
Pub. L. 108–224, §7(k)(2), substituted “$45,032,730” for “$35,025,457” and “June 30, 2004” for “April 30, 2004”.
Pub. L. 108–202, §9(k)(2), substituted “$35,025,457” for “$24,585,834” and “April 30, 2004” for “February 29, 2004”.
Subsec. (f)(2)(A)(vii). Pub. L. 108–310, §8(k)(2)–(4), added cl. (vii).
Subsec. (f)(2)(B)(vi). Pub. L. 108–280, §7(k)(3), added cl. (vi) and struck out former cl. (vi) which read: “$12,509,093 for the period of October 1, 2003, through July 31, 2004.”
Pub. L. 108–263, §7(k)(3), substituted “$12,509,093” for “$11,258,183” and “July 31, 2004” for “June 30, 2004”.
Pub. L. 108–224, §7(k)(3), substituted “$11,258,183” for “$8,756,364” and “June 30, 2004” for “April 30, 2004”.
Pub. L. 108–202, §9(k)(3), substituted “$8,756,364” for “$6,150,833” and “April 30, 2004” for “February 29, 2004”.
Subsec. (f)(2)(B)(vii). Pub. L. 108–310, §8(k)(2), (3), (5), added cl. (vii).
2003—Subsec. (a)(2). Pub. L. 108–88, §8(c)(1), inserted “
Subsec. (a)(2)(A)(vi). Pub. L. 108–88, §8(c)(2)–(4), added cl. (vi).
Subsec. (a)(2)(B)(vi). Pub. L. 108–88, §8(c)(2), (3), (5), added cl. (vi).
Subsec. (a)(2)(C). Pub. L. 108–88, §8(c)(6), inserted “(other than for the period of October 1, 2003, through February 29, 2004)” after “a fiscal year” in introductory provisions.
Subsec. (b)(2). Pub. L. 108–88, §8(e)(1), inserted “
Subsec. (b)(2)(A)(vi). Pub. L. 108–88, §8(e)(2)–(4), added cl. (vi).
Subsec. (b)(2)(B)(vi). Pub. L. 108–88, §8(e)(2), (3), (5), added cl. (vi).
Subsec. (c)(2). Pub. L. 108–88, §8(f), which directed the amendment of section 5338(c)(2) by inserting “
Subsec. (d)(2). Pub. L. 108–88, §8(g)(1), inserted “
Subsec. (d)(2)(A)(vi). Pub. L. 108–88, §8(g)(2)–(4), added cl. (vi).
Subsec. (d)(2)(B)(vi). Pub. L. 108–88, §8(g)(2), (3), (5), added cl. (vi).
Subsec. (d)(2)(C). Pub. L. 108–88, §8(g)(6), inserted “(other than for the period of October 1, 2003, through February 29, 2004)” after “a fiscal year” in introductory provisions.
Subsec. (e)(2). Pub. L. 108–88, §8(i)(1), inserted “
Subsec. (e)(2)(A). Pub. L. 108–88, §8(i)(2), inserted “and $2,020,833 for the period of October 1, 2003, through February 29, 2004” after “2003”.
Subsec. (e)(2)(B). Pub. L. 108–88, §8(i)(3), inserted “and $505,833 for the period of October 1, 2003, through February 29, 2004” after “2003”.
Subsec. (e)(2)(C)(i), (iii). Pub. L. 108–88, §8(i)(4), inserted “(other than for the period of October 1, 2003, through February 29, 2004)” after “fiscal year”.
Subsec. (f)(2). Pub. L. 108–88, §8(k)(1), inserted “
Subsec. (f)(2)(A)(vi). Pub. L. 108–88, §8(k)(2)–(4), added cl. (vi).
Subsec. (f)(2)(B)(vi). Pub. L. 108–88, §8(k)(2), (3), (5), added cl. (vi).
1998—Pub. L. 105–178, §3029(a), reenacted section catchline without change and amended text generally, substituting provisions relating to authorizations for Federal transit programs for fiscal years 1998 to 2003 for provisions relating to authorizations for Federal transit programs for fiscal years ending Sept. 30, 1993 to 1997 and for period from Oct. 1, 1997 to Mar. 31, 1998.
Subsec. (c)(2)(A). Pub. L. 105–178, §3029(c)(1)–(5), as added by Pub. L. 105–206, substituted “$42,200,000” for “$43,200,000”, “$48,400,000” for “$46,400,000”, “$50,200,000” for “$51,200,000”, “$53,800,000” for “$52,800,000”, and “$58,600,000” for “$57,600,000” in cls. (i) to (v), respectively.
Subsec. (d)(2)(C)(iii). Pub. L. 105–178, §3029(c)(6), as added by Pub. L. 105–206, inserted “, including not more than $1,000,000 shall be available to carry out section 5315(a)(16)” before semicolon.
Subsec. (e)(1). Pub. L. 105–178, §3029(c)(7)(A), (B), as added by Pub. L. 105–206, substituted “Subject to paragraph (2)(C), there are” for “There are” and “5505” for “5317(b)”.
Subsec. (e)(2)(A). Pub. L. 105–178, §3029(c)(7)(A), (C)(i), as added by Pub. L. 105–206, substituted “Subject to subparagraph (C), there shall” for “There shall” and “5505” for “5317(b)”.
Subsec. (e)(2)(B). Pub. L. 105–178, §3029(c)(7)(A), (C)(ii), as added by Pub. L. 105–206, substituted “Subject to subparagraph (C), in addition” for “In addition” and “5505” for “5317(b)”.
Subsec. (e)(2)(C). Pub. L. 105–178, §3029(c)(7)(C)(iii), as added by Pub. L. 105–206, added subpar. (C).
Subsec. (e)(3). Pub. L. 105–178, §3029(c)(7)(D), as added by Pub. L. 105–206, added par. (3).
Subsec. (g)(2). Pub. L. 105–178, §3029(c)(8), as added by Pub. L. 105–206, substituted “(c)(1), (c)(2)(B), (d)(1), (d)(2)(B), (e)(1), (e)(2)(B), (f)(1), (f)(2)(B),” for “(c)(2)(B), (d)(2)(B), (e)(2)(B), (f)(2)(B),”.
Subsec. (h). Pub. L. 105–178, §3029(c)(9), as added by Pub. L. 105–206, inserted “under the Transportation Discretionary Spending Guarantee for the Mass Transit Category” after “subsections (a) through (f)” in introductory provisions.
Subsec. (h)(5)(A) to (E). Pub. L. 105–178, §3029(c)(10), as added by Pub. L. 105–206, added subpars. (A) to (E) and struck out former subpars. (A) to (E) which read as follows:
“(A) for fiscal year 1999, $600,000,000;
“(B) for fiscal year 2000, $610,000,000;
“(C) for fiscal year 2001, $620,000,000;
“(D) for fiscal year 2002, $630,000,000; and
“(E) for fiscal year 2003, $630,000,000;”.
1997—Subsec. (a)(1)(F). Pub. L. 102–240, §3049(c)(1)(A), as added by Pub. L. 105–130, added subpar. (F).
Subsec. (a)(2)(F). Pub. L. 102–240, §3049(c)(1)(B), as added by Pub. L. 105–130, added subpar. (F).
Subsec. (b)(1)(F). Pub. L. 102–240, §3049(c)(2), as added by Pub. L. 105–130, added subpar. (F).
Subsec. (c). Pub. L. 102–240, §3049(c)(3), as added by Pub. L. 105–130, inserted “and not more than $1,500,000 for the period of October 1, 1997, through March 31, 1998,” after “1997,”.
Subsec. (e). Pub. L. 102–240, §3049(c)(4), as added by Pub. L. 105–130, inserted “and not more than $3,000,000 is available from the Fund (except the Account) for the Secretary for the period of October 1, 1997, through March 31, 1998,” after “1997,”.
Subsec. (h)(3). Pub. L. 102–240, §3049(c)(5), as added by Pub. L. 105–130, inserted before period at end “and $3,000,000 is available for section 5317 for the period of October 1, 1997, through March 31, 1998”.
Subsec. (j)(5)(D). Pub. L. 102–240, §3049(c)(6), as added by Pub. L. 105–130, added subpar. (D).
Subsec. (k). Pub. L. 102–240, §3049(c)(7), as added by Pub. L. 105–130, substituted “(e), or (m) of this section” for “or (e) of this section”.
Subsec. (m). Pub. L. 102–240, §3049(c)(8), as added by Pub. L. 105–130, added subsec. (m).
1996—Subsec. (g)(2). Pub. L. 104–287 substituted “section 5311(b)(2)” for “section 5308(b)(2)”.
Effective Date of 1998 Amendment
Title IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, and provisions of Pub. L. 105–178, as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105–206 to be treated as not enacted, see section 9016 of Pub. L. 105–206, set out as a note under section 101 of Title 23, Highways.
Effective Date of 1996 Amendment
Amendment by Pub. L. 104–287 effective July 5, 1994, see section 8(1) of Pub. L. 104–287, set out as a note under section 5303 of this title.
Allocations for National Research and Technology Programs
Pub. L. 109–59, title III, §3046, Aug. 10, 2005, 119 Stat. 1706, provided that:
“(a)
“(1)
“(A)
“(B)
“(i) potential alternative routes for evacuation using other transportation modes such as highway, air, marine, and pedestrian activities; and
“(ii) transit routes that, if disrupted, do not have sufficient transit alternatives available.
“(C)
“(D)
“(2)
“(A) to develop standards and definitions for transit-oriented development adjacent to public transportation facilities;
“(B) to develop system planning guidance, performance criteria, and modeling techniques for metropolitan planning agencies and public transportation agencies to maximize ridership through land use planning and adjacent development; and
“(C) to provide research support and technical assistance to public transportation agencies, metropolitan planning agencies, and other persons regarding transit-oriented development.
“(3)
“(4)
“(5)
“(6)
“(A)
“(B)
“(i)
“(ii)
“(I) shall include—
“(aa) an evaluation of the effect of the pilot program on multimodal accessibility in public transportation;
“(bb) an evaluation of the effect of the program on operators of public transportation and their passengers;
“(cc) an evaluation of the effect of making public transportation accessible to people with visual, cognitive, and learning disabilities on ridership of public transportation and use of paratransit; and
“(dd) an evaluation of the effect of the program on the education, community integration, work life, and general quality of life of the targeted populations.
“(7)
“(8)
“(A)
“(B)
“(i) rural population in the area to be served by the applicant;
“(ii) extent to which the applicant demonstrates coordination of existing transportation services or proposed public transportation services;
“(iii) need for additional services in the area being serviced by the applicant and the extent to which the proposed services will address those needs and provide accessibility for non-ambulatory recipients;
“(iv) extent to which the applicant demonstrates an innovative approach that is responsive to the identified service needs of the rural population; and
“(v) extent to which the applicant demonstrates that the communities being served have been consulted in the planning process.
“(9)
“(A)
“(B)
“(i) establish an advisory panel consisting of Federal, State, and local officials and organizations;
“(ii) prepare an inventory of human service transportation agencies operating in the United States;
“(iii) prepare an inventory of Federal transportation spending;
“(iv) develop a program of technical assistance and training for human services transportation organizations that shall include on-site technical assistance, a resource clearinghouse, and preparation of technical manuals;
“(v) prepare an annual report for the Secretary on activities under this program and make recommendations for improving coordination.
“(10)
“(11)
“(A)
“(B)
“(i) Improving data collection analysis and transportation access for all users of the public transportation systems.
“(ii) Supporting public participation through the project development phases.
“(iii) Using innovative techniques to improve the coordination of transportation alternatives.
“(iv) Enhancing the coordination of public transportation benefits and services.
“(v) Contracting with stakeholders to focus on the delivery of transportation plans and programs.
“(vi) Measuring and reporting on the annual performance of the transportation systems.
“(12)
“(13)
“(14)
“(15)
“(16)
“(17)
“(18)
“(19)
“(20)
“(21)
“(22)
“(23)
“(24)
“(25)
“(b)
Adjustments for Surface Transportation Extension Act of 1997
Pub. L. 105–178, title III, §3041, June 9, 1998, 112 Stat. 394, provided that the Secretary of Transportation ensure that the total apportionments and allocations made to a designated grant recipient under this section for fiscal year 1998 be reduced by the amount apportioned to such designated recipient pursuant to section 8 of Pub. L. 105–130 (amending sections 5309, 5337, and 5338 of this title) and in making the apportionments, the Secretary adjust the amount apportioned to each urbanized area for fixed guideway modernization for fiscal year 1998 to reflect the method of apportioning funds in section 5337(a) of this title.
Training and Curriculum Development
Pub. L. 105–178, title III, §3015(d), as added by Pub. L. 105–206, title IX, §9009(k)(2), July 22, 1998, 112 Stat. 857, and amended by Pub. L. 108–88, §8(j)(3), Sept. 30, 2003, 117 Stat. 1124; Pub. L. 108–202, §9(j)(2), Feb. 29, 2004, 118 Stat. 487; Pub. L. 108–224, §7(j)(2), Apr. 30, 2004, 118 Stat. 636; Pub. L. 108–263, §7(j)(2), June 30, 2004, 118 Stat. 707; Pub. L. 108–280, §7(j)(2), July 30, 2004, 118 Stat. 884; Pub. L. 108–310, §8(j)(3), Sept. 30, 2004, 118 Stat. 1157; Pub. L. 109–14, §7(i)(2), May 31, 2005, 119 Stat. 332; Pub. L. 109–20, §7(i)(2), July 1, 2005, 119 Stat. 355; Pub. L. 109–35, §7(i)(2), July 20, 2005, 119 Stat. 388; Pub. L. 109–37, §7(i)(2), July 22, 2005, 119 Stat. 403; Pub. L. 109–40, §7(i)(2), July 28, 2005, 119 Stat. 419, provided that:
“(1)
“(2)
Programs of Federal Transit Administration; Limitation on Obligations
Pub. L. 109–115, div. A, title I, §140, Nov. 30, 2005, 119 Stat. 2420, which provided that the limitations on obligations for the programs of the Federal Transit Administration were not to apply to any authority under this section previously made available for obligation, or to any other authority previously made available for obligation, was from the Transportation, Treasury, Housing and Urban Development, the Judiciary, and Independent Agencies Appropriations Act, 2006 and was repeated in provisions of subsequent appropriations acts which are not set out in the Code. Similar provisions were also contained in the following prior appropriations acts:
Similar provisions were contained in the following prior appropriation acts:
Pub. L. 108–447, div. H, title I, §160, Dec. 8, 2004, 118 Stat. 3227.
Pub. L. 108–199, div. F, title I, §160, Jan. 23, 2004, 118 Stat. 308.
Pub. L. 108–7, div. I, title III, §309, Feb. 20, 2003, 117 Stat. 407.
Pub. L. 107–87, title III, §309, Dec. 18, 2001, 115 Stat. 855.
Pub. L. 106–346, §101(a) [title III, §311], Oct. 23, 2000, 114 Stat. 1356, 1356A–27.
Pub. L. 106–69, title III, §311, Oct. 9, 1999, 113 Stat. 1018.
Pub. L. 105–277, div. A, §101(g) [title III, §311], Oct. 21, 1998, 112 Stat. 2681–439, 2681–467.
Pub. L. 105–66, title III, §311, Oct. 27, 1997, 111 Stat. 1443.
Pub. L. 104–205, title III, §311, Sept. 30, 1996, 110 Stat. 2971.
Pub. L. 104–50, title III, §312, Nov. 15, 1995, 109 Stat. 455.
Pub. L. 103–331, title III, §313, Sept. 30, 1994, 108 Stat. 2490.
Pub. L. 103–122, title III, §313, Oct. 27, 1993, 107 Stat. 1221.
Pub. L. 102–388, title III, §313, Oct. 6, 1992, 106 Stat. 1546.
Pub. L. 102–143, title III, §313, Oct. 28, 1991, 105 Stat. 941, as amended by Pub. L. 102–240, title III, §§3003(b), 3004(b), Dec. 18, 1991, 105 Stat. 2088.
Pub. L. 101–516, title III, §313, Nov. 5, 1990, 104 Stat. 2181.
Pub. L. 101–164, title III, §314, Nov. 21, 1989, 103 Stat. 1094.
Pub. L. 100–457, title III, §314, Sept. 30, 1988, 102 Stat. 2148.
Pub. L. 100–202, §101(l) [title III, §314], Dec. 22, 1987, 101 Stat. 1329–358, 1329–379.
Pub. L. 99–500, §101(l) [H.R. 5205, title III, §317], Oct. 18, 1986, 100 Stat. 1783–308, and Pub. L. 99–591, §101(l) [H.R. 5205, title III, §317], Oct. 30, 1986, 100 Stat. 3341–308.
Pub. L. 99–190, §101(e) [title III, §322], Dec. 19, 1985, 99 Stat. 1267, 1287.
1 So in original. Probably should be “(112 Stat. 392)—”.
§5339. Alternatives analysis program
(a)
(b)
(c)
(Added Pub. L. 108–7, div. I, title III, §356, Feb. 20, 2003, 117 Stat. 421; amended Pub. L. 109–59, title III, §3037(a), Aug. 10, 2005, 119 Stat. 1635.)
Amendments
2005—Pub. L. 109–59 inserted section catchline and amended text generally. Prior to amendment, text read as follows: “Effective for funds not yet expended on the effective date of this section, the Federal share for funds under this chapter for a grantee named in section 603(14) of Public Law 97–468 shall be the same as the Federal share under 23 U.S.C. section 120(b) for Federal aid highway funds apportioned to the State in which it operates.”
§5340. Apportionments based on growing States and high density States formula factors
(a)
(b)
(1) 50 percent to States and urbanized areas in accordance with subsection (c); and
(2) 50 percent to States and urbanized areas in accordance with subsection (d).
(c)
(1)
(2)
(A)
(B)
(3)
(d)
(1)
(2)
(A) the total land area of the State (in square miles); multiplied by
(B) 370; multiplied by
(C)(i) the population of the State in urbanized areas; divided by
(ii) the total population of the State.
(3)
(4)
(5)
(Added Pub. L. 109–59, title III, §3038(a), Aug. 10, 2005, 119 Stat. 1636.)
CHAPTER 55—INTERMODAL TRANSPORTATION
SUBCHAPTER I—GENERAL
SUBCHAPTER II—TERMINALS
Amendments
2005—Pub. L. 109–59, title V, §§5401(c), 5402(c), Aug. 10, 2005, 119 Stat. 1815, 1820, substituted “National university transportation centers” for “University transportation research” in item 5505 and “University transportation research” for “Advanced vehicle technologies program” in item 5506.
1998—Pub. L. 105–178, title V, §§5110(b), 5111(b), June 9, 1998, 112 Stat. 444, 445, added items 5505 and 5506.
SUBCHAPTER I—GENERAL
§5501. National Intermodal Transportation System policy
(a)
(b)
(2) The National Intermodal Transportation System shall include a National Highway System consisting of the Dwight D. Eisenhower System of Interstate and Defense Highways and those principal arterial roads that are essential for interstate and regional commerce and travel, national defense, intermodal transfer facilities, and international commerce and border crossings.
(3) The National Intermodal Transportation System shall include significant improvements in public transportation necessary to achieve national goals for improved air quality, energy conservation, international competitiveness, and mobility for elderly individuals, individuals with disabilities, and economically disadvantaged individuals in urban and rural areas of the United States.
(4) The National Intermodal Transportation System shall provide improved access to ports and airports, the Nation's link to commerce.
(5) The National Intermodal Transportation System shall give special emphasis to the contributions of the transportation sectors to increased productivity growth. Social benefits must be considered with particular attention to the external benefits of reduced air pollution, reduced traffic congestion, and other aspects of the quality of life in the United States.
(6) The National Intermodal Transportation System must be operated and maintained with insistent attention to the concepts of innovation, competition, energy efficiency, productivity, growth, and accountability. Practices that resulted in the lengthy and overly costly construction of the Dwight D. Eisenhower System of Interstate and Defense Highways must be confronted and stopped.
(7) The National Intermodal Transportation System shall be adapted to “intelligent vehicles”, “magnetic levitation systems”, and other new technologies, wherever feasible and economical, with benefit cost estimates given special emphasis on safety considerations and techniques for cost allocation.
(8) When appropriate, the National Intermodal Transportation System will be financed, as regards Government apportionments and reimbursements, by the Highway Trust Fund. Financial assistance will be provided to State and local governments and their instrumentalities to help carry out national goals related to mobility for elderly individuals, individuals with disabilities, and economically disadvantaged individuals.
(9) The National Intermodal Transportation System must be the centerpiece of a national investment commitment to create the new wealth of the United States for the 21st century.
(c)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 848.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5501 | 49:101 (note). | Dec. 18, 1991, Pub. L. 102–240, §2, 105 Stat. 1914. |
In this section, the words “Dwight D. Eisenhower System of Interstate and Defense Highways” are substituted for “National System of Interstate and Defense Highways” because of the Act of October 15, 1990 (Public Law 101–427, 104 Stat. 927).
§5502. Intermodal Transportation Advisory Board
(a)
(b)
(1) the Federal Highway Administration;
(2) the Federal Aviation Administration;
(3) the Maritime Administration;
(4) the Federal Railroad Administration;
(5) the Federal Transit Administration; and
(6) the Federal Motor Carrier Safety Administration.
(c)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 849; Pub. L. 109–59, title IV, §4145(a), Aug. 10, 2005, 119 Stat. 1749.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5502 | 49:301 (note). | Dec. 18, 1991, Pub. L. 102–240, §5002(b), 105 Stat. 2158. |
Amendments
2005—Subsec. (b)(6). Pub. L. 109–59 added par. (6).
Termination of Advisory Boards
Advisory boards established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a board established by the President or an officer of the Federal Government, such board is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a board established by Congress, its duration is otherwise provided by law. See sections 3(2), and 14 of Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government Organization and Employees.
§5503. Office of Intermodalism
(a)
(b)
(c)
(d)
(1) coordinate United States Government research on intermodal transportation as provided in the plan developed under section 6009(b) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102–240, 105 Stat. 2177); and
(2) carry out additional research needs identified by the Director.
(e)
(f)
(1)
(A) an assessment and forecast of the national intermodal transportation system's impact on mobility, safety, energy consumption, the environment, technology, international trade, economic activity, and quality of life in the United States;
(B) an assessment of the operational and economic attributes of each passenger and freight mode of transportation and the optimal role of each mode in the national intermodal transportation system;
(C) a description of recommended intermodal and multimodal research and development projects;
(D) a description of emerging trends that have an impact on the national intermodal transportation system;
(E) recommendations for improving intermodal policy, transportation decision-making, and financing to maximize mobility and the return on investment of Federal spending on transportation;
(F) an estimate of the impact of current Federal and State transportation policy on the national intermodal transportation system; and
(G) specific near and long-term goals for the national intermodal transportation system.
(2)
(A) describe progress made toward achieving the plan's goals;
(B) describe challenges and obstacles to achieving the plan's goals;
(C) update the plan to reflect changed circumstances or new developments; and
(D) make policy and legislative recommendations the Director believes are necessary and appropriate to achieve the goals of the plan.
(3)
(g)
(1) develop, in consultation with the modal administrations, and State and local planning organizations, common measures to compare transportation investment decisions across the various modes of transportation; and
(2) formulate a methodology for measuring the impact of intermodal transportation on—
(A) the environment;
(B) public health and welfare;
(C) energy consumption;
(D) the operation and efficiency of the transportation system;
(E) congestion, including congestion at the Nation's ports; and
(F) the economy and employment.
(h) 2
(h) 2
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 850; Pub. L. 105–178, title V, §5109(b), June 9, 1998, 112 Stat. 440; Pub. L. 108–426, §4(c), Nov. 30, 2004, 118 Stat. 2425; Pub. L. 109–59, title IV, §4149, Aug. 10, 2005, 119 Stat. 1750.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5503 | 49:301 (note). | Dec. 18, 1991, Pub. L. 102–240, §5002(c), 105 Stat. 2158. |
References in Text
Section 6009(b) of the Intermodal Surface Transportation Efficiency Act of 1991, referred to in subsec. (d)(1), is section 6009(b) of Pub. L. 102–240, which is set out as a note under section 508 of Title 23, Highways.
The date of enactment of the Surface Transportation Safety Improvement Act of 2005, referred to in subsec. (f)(2), probably means the date of enactment of the Motor Carrier Safety Reauthorization Act of 2005, title IV of Pub. L. 109–59, which was approved Aug. 10, 2005.
Amendments
2005—Subsec. (e). Pub. L. 109–59, §4149(1), inserted at end “Amounts reserved under section 5504(d) not awarded to States as grants may be used by the Director to provide technical assistance under this subsection.”
Subsecs. (f), (g). Pub. L. 109–59, §4149(2), (3), added subsecs. (f) and (g). Former subsec. (f) redesignated (h) relating to administrative and clerical support.
Subsec. (h). Pub. L. 109–59, §4149(3), added subsec. (h) relating to authorization of appropriations.
Pub. L. 109–59, §4149(2), redesignated subsec. (f) as (h) relating to administrative and clerical support.
2004—Subsec. (a). Pub. L. 108–426 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “The Secretary of Transportation shall establish in the Office of the Secretary an Office of Intermodalism.”
1998—Subsecs. (d) to (g). Pub. L. 105–178 redesignated subsecs. (e) to (g) as (d) to (f), respectively, and struck out heading and text of former subsec. (d). Text read as follows:
“(1) The Director shall develop, maintain, and disseminate intermodal transportation data through the Bureau of Transportation Statistics. The Director shall coordinate the collection of data for the data base with the States and metropolitan planning organizations. The data base shall include information on—
“(A) the volume of property and number of individuals carried in intermodal transportation by relevant classification;
“(B) patterns of movement of property and individuals in intermodal transportation by relevant classification by origin and destination; and
“(C) public and private investment in intermodal transportation facilities and services.
“(2) The Director shall make information from the data base available to the public.”
1 See References in Text note below.
2 So in original. Two subsecs. (h) have been enacted.
§5504. Model intermodal transportation plans
(a)
(b)
(c)
(d)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 850.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5504 | 49:301 (note). | Dec. 18, 1991, Pub. L. 102–240, §5003, 105 Stat. 2159. |
§5505. National university transportation centers
(a)
(1)
(2)
(b)
(c)
(1) University of Alaska.
(2) Marshall University, West Virginia, on behalf of a consortium of West Virginia colleges and universities.
(3) University of Minnesota.
(4) University of Missouri, Rolla.
(5) Northwestern University.
(6) Oklahoma Transportation Center.
(7) Portland State University, in partnership with the University of Oregon, Oregon State University, and the Oregon Institute of Technology.
(8) University of Vermont.
(9) Western Transportation Institute at Montana State University.
(10) University of Wisconsin.
(d)
(Added and amended Pub. L. 105–178, title V, §5110(a), (d), June 9, 1998, 112 Stat. 441; Pub. L. 105–206, title IX, §9011(d), July 22, 1998, 112 Stat. 863; Pub. L. 109–59, title V, §5401(a), Aug. 10, 2005, 119 Stat. 1814.)
Amendments
2005—Pub. L. 109–59 amended section catchline and text generally, substituting provisions relating to national university transportation centers for provisions relating to university transportation research.
1998—Subsec. (g)(2). Pub. L. 105–178, §5110(d)(1), as added by Pub. L. 105–206, substituted “section 508 of title 23, United States Code,” for “section 5506,”.
Subsec. (i). Pub. L. 105–178, §5110(d)(2), as added by Pub. L. 105–206, inserted “Subject to section 5338(e):” before par. (1) and substituted “institutions or groups of institutions” for “institutions” wherever appearing.
Subsec. (j)(4)(B). Pub. L. 105–178, §5110(d)(3), as added by Pub. L. 105–206, substituted “on behalf of a consortium which may also include West Virginia University Institute of Technology, the College of West Virginia, and Bluefield State College” for “on behalf of a consortium of West Virginia colleges and universities”.
Effective Date of 1998 Amendment
Title IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, and provisions of Pub. L. 105–178, as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105–206 to be treated as not enacted, see section 9016 of Pub. L. 105–206, set out as a note under section 101 of Title 23, Highways.
1 So in original. Probably should be followed by “of”.
§5506. University transportation research
(a)
(b)
(1)
(2)
(3)
(c)
(1)
(A) 10 regional university transportation centers; and
(B) 10 Tier I university transportation centers.
(2)
(A) For each of fiscal years 2006 through 2009, the Secretary shall make grants under subsection (a) to nonprofit institutions of higher learning to establish and operate 22 Tier II university transportation centers.
(B) The tier II centers consist of the following:
(i) University of Arkansas, Mack-Blackwell Rural Transportation Center.
(ii) University of California, Davis.
(iii) California State University, San Bernardino.
(iv) Cleveland State University, Work Zone Safety Institute.
(v) University of Connecticut.
(vi) University of Delaware in Newark.
(vii) University of Detroit Mercy (including the coalition partners of the university).
(viii) George Mason University.
(ix) Hampton University, Eastern Seaboard Intermodal Transportation Applications Center (ESITAC).
(x) Kansas State University.
(xi) Louisiana State University, LTRC-TTEC.
(xii) University of Massachusetts Amherst.
(xiii) Michigan Technological University.
(xiv) University of Nevada Las Vegas.
(xv) North Carolina State University, Center for Transportation and the Environment.
(xvi) Northwestern University.
(xvii) Ohio Higher Education Transportation Consortium University of Akron.
(xviii) University of Rhode Island.
(xix) University of Toledo.
(xx) Utah State University.
(xxi) Youngstown State University.
(xxii) University of Memphis.
(3)
(4)
(d)
(1)
(2)
(A) The demonstrated research and extension resources available to the recipient to carry out this section.
(B) The capability of the recipient to provide leadership in making national and regional contributions to the solution of immediate and long-range transportation problems.
(C) The recipient's demonstrated commitment of at least $400,000 each year in regularly budgeted institutional amounts to support ongoing transportation research and education programs.
(D) The recipient's demonstrated ability to disseminate results of transportation research and education programs through a statewide or regionwide continuing education program.
(E) The strategic plan the recipient proposes to carry out under the grant.
(e)
(1)
(2)
(A) the criteria described in subsection (d)(2);
(B) the location of the center within the Federal region to be served; and
(C) whether or not the institution (or, in the case of a consortium of institutions, the lead institution) demonstrates that it has a well-established, nationally recognized program in transportation research and education, as evidenced by—
(i) not less than $2,000,000 in highway or public transportation research expenditures each year for each of the preceding 5 years;
(ii) not less than 10 graduate degrees awarded in professional fields closely related to highways and public transportation each year for each of the preceding 5 years; and
(iii) not less than 5 tenured or tenure-track faculty members who specialize on a full-time basis in professional fields closely related to highways and public transportation who, as a group, have published a total at least 50 refereed journal publications on highway or public transportation research during the preceding 5 years.
(3)
(4)
(5)
(A) $1,000,000 for fiscal year 2005;
(B) $2,000,000 for each of fiscal years 2006 through 2008; and
(C) $2,225,000 for fiscal year 2009.
(f)
(1)
(2)
(A) the criteria described in subsection (d)(2); and
(B) whether or not the institution (or, in the case of a consortium of institutions, the lead institution) can demonstrate that it has an established, recognized program in transportation research and education, as evidenced by—
(i) not less than $1,000,000 in highway or public transportation research expenditures each year for each of the preceding 5 years or not less than $6,000,000 in such expenditures during the 5 preceding years;
(ii) not less than 5 graduate degrees awarded in professional fields closely related to highways and public transportation each year for each of the preceding 5 years; and
(iii) not less than 3 tenured or tenure-track faculty members who specialize on a full-time basis in professional fields closely related to highways and public transportation who, as a group, have published a total at least 20 refereed journal publications on highway or public transportation research during the preceding 5 years.
(3)
(4)
(5)
(g)
(1)
(2)
(h)
(1) the report of the National Highway Research and Technology Partnership entitled “Highway Research and Technology: The Need for Greater Investment”, dated April 2002; and
(2) the programs of the National Research and Technology Program of the Federal Transit Administration.
(i)
(j)
(k)
(1)
(2)
(3)
(l)
(m)
(Added Pub. L. 105–178, title V, §5111(a), June 9, 1998, 112 Stat. 444; amended Pub. L. 109–59, title V, §5402(a), Aug. 10, 2005, 119 Stat. 1815.)
Amendments
2005—Pub. L. 109–59 amended section catchline and text generally, substituting provisions relating to university transportation research for provisions relating to advanced vehicle technologies program.
SUBCHAPTER II—TERMINALS
§5561. Definition
In this chapter, “civic and cultural activities” includes libraries, musical and dramatic presentations, art exhibits, adult education programs, public meeting places, and other facilities for carrying on an activity any part of which is supported under a law of the United States.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 851.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5561 | 49 App.:1653(i)(10). | Oct. 15, 1966, Pub. L. 89–670, 80 Stat. 931, §4(i)(10); added Oct. 28, 1974, Pub. L. 93–496, §§6, 15, 88 Stat. 1530, 1533; Feb. 5, 1976, Pub. L. 94–210, §707(3), 90 Stat. 125; May 30, 1980, Pub. L. 96–254, §206(a), 94 Stat. 412. |
In this chapter, both sections 6 and 15 of the Amtrak Improvement Act (Public Law 93–496, 88 Stat. 1528, 1533) are listed as source credits for the addition of section 4(i) to the Department of Transportation Act (Public Law 89–670, 80 Stat. 931). This is done to conform to the probable intent of Congress as evidenced by the directory language of section 15 of the Act of October 28, 1974.
In this section, the words “for community groups, convention visitors and others” are omitted as unnecessary.
§5562. Assistance projects
(a)
(1) promote, on a feasibility demonstration basis, the conversion of at least 3 rail passenger terminals into intermodal transportation terminals;
(2) preserve rail passenger terminals that reasonably are likely to be converted or maintained pending preparation of plans for their reuse;
(3) acquire and use space in suitable buildings of historic or architectural significance but only if use of the space is feasible and prudent when compared to available alternatives; and
(4) encourage State and local governments, local and regional transportation authorities, common carriers, philanthropic organizations, and other responsible persons to develop plans to convert rail passenger terminals into intermodal transportation terminals and civic and cultural activity centers.
(b)
(c)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 851.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5562(a) | 49 App.:1653(i)(1). | Oct. 15, 1966, Pub. L. 89–670, 80 Stat. 931, §4(i)(1); added Oct. 28, 1974, Pub. L. 93–496, §§6, 15, 88 Stat. 1528, 1533; Feb. 5, 1976, Pub. L. 94–210, §707(1), (2), 90 Stat. 125; May 30, 1980, Pub. L. 96–254, §206(a), 94 Stat. 412. |
| 5562(b) | 49 App.:1653(i)(11). | Oct. 15, 1966, Pub. L. 89–670, 80 Stat. 931, §4(i)(11); added Oct. 28, 1974, Pub. L. 93–496, §§6, 15, 88 Stat. 1530, 1533; Feb. 5, 1976, Pub. L. 94–210, §707(3), 90 Stat. 125; May 30, 1980, Pub. L. 96–254, §206(a), 94 Stat. 412. |
| 5562(c) | 49 App.:1653(i)(4). | Oct. 15, 1966, Pub. L. 89–670, 80 Stat. 931, §4(i)(4); added Feb. 5, 1976, Pub. L. 94–210, §707(4), 90 Stat. 125; May 30, 1980, Pub. L. 96–254, §206(a), 94 Stat. 412. |
In subsection (a)(3), the words “but only if” are substituted for “unless . . . would not” for consistency.
In subsection (a)(4), the word “encourage” is substituted for “stimulating” for clarity.
In subsection (b), the words “This chapter does not affect” are substituted for “Nothing in this subsection shall be construed to invalidate” for clarity and consistency. The words “rail passenger terminal” are substituted for “station”, and the word “law” is substituted for “statute”, for consistency.
§5563. Conversion of certain rail passenger terminals
(a)
(1) the terminal can be converted to accommodate other modes of transportation the Secretary of Transportation decides are appropriate, including—
(A) motorbus transportation;
(B) mass transit (rail or rubber tire); and
(C) airline ticket offices and passenger terminals providing direct transportation to area airports;
(2) the terminal is listed on the National Register of Historic Places maintained by the Secretary of the Interior;
(3) the architectural integrity of the terminal will be preserved;
(4) to the extent practicable, the use of the terminal facilities for transportation may be combined with use of those facilities for other civic and cultural activities, especially when another activity is recommended by—
(A) the Advisory Council on Historic Preservation;
(B) the Chairman of the National Endowment for the Arts; or
(C) consultants retained under subsection (b) of this section; and
(5) the terminal and the conversion project meet other criteria prescribed by the Secretary of Transportation after consultation with the Council and Chairman.
(b)
(c)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 851.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5563(a), (b) | 49 App.:1653(i)(2) (1st sentence). | Oct. 15, 1966, Pub. L. 89–670, 80 Stat. 931, §4(i)(2); added Oct. 28, 1974, Pub. L. 93–496, §§6, 15, 88 Stat. 1528, 1533; May 26, 1975, Pub. L. 94–25, §13, 89 Stat. 93; Oct. 5, 1978, Pub. L. 95–421, §14, 92 Stat. 929. |
| 5563(c) | 49 App.:1653(i)(2) (last sentence). |
In subsection (a), before clause (1), the words “to convert a rail passenger terminal to an intermodal transportation terminal under section 5562(a)(1) of this title” are substituted for “for the purpose set forth in paragraph (1)(A) of this subsection” for clarity and because of the restatement. In clause (5), the word “prescribed” is substituted for “develop and promulgate” for consistency in the revised title and with other titles of the United States Code.
Subsection (b) is substituted for “and such judgment is concurred in by consultants recommended by the Chairman of the National Endowment of [sic] the Arts and the Advisory Council on Historic Preservation and retained for this purpose by the Secretary” for clarity and consistency in the revised title.
§5564. Interim preservation of certain rail passenger terminals
(a)
(b)
(1) the Secretary decides the rail passenger terminal has a reasonable likelihood of being converted to, or conditioned for reuse as, an intermodal transportation terminal, a civic or cultural activities center, or both; and
(2) planning activity directed toward conversion or reuse has begun and is proceeding in a competent way.
(c)
(A) reasonably capable of conversion to intermodal transportation terminals;
(B) listed in the National Register of Historic Places maintained by the Secretary of the Interior; or
(C) recommended (on the basis of architectural integrity and quality) by the Advisory Council on Historic Preservation or the Chairman of the National Endowment for the Arts.
(2) The Secretary of Transportation may not make a grant under this section for more than 80 percent of the total cost of maintaining the terminal for an interim period of not more than 5 years.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 852.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5564(a) | 49 App.:1653(i)(3) (1st sentence words before proviso). | Oct. 15, 1966, Pub. L. 89–670, 80 Stat. 931, §4(i)(3); added Oct. 28, 1974, Pub. L. 93–496, §§6, 15, 88 Stat. 1529, 1533; Oct. 5, 1978, Pub. L. 95–421, §14, 92 Stat. 929. |
| 5564(b) | 49 App.:1653(i)(3) (1st sentence proviso). | |
| 5564(c) | 49 App.:1653(i)(3) (2d, last sentences). |
In subsection (a), the words “Subject to subsection (b) of this section” are added for clarity. The word “authority” is substituted for “entity” for consistency in the revised title. The words “in accordance with regulations” and “applicable” are omitted as surplus.
In subsection (b), the words before clause (1) are substituted for “Provided, That” for clarity and consistency in the revised title.
In subsection (c)(2), the words “The Secretary of Transportation may not make a grant” are substituted for “The amount of the Federal share of any grant . . . shall not exceed” for clarity and consistency in this chapter.
§5565. Encouraging the development of plans for converting certain rail passenger terminals
(a)
(1) be prepared to develop practicable plans that meet zoning, land use, and other requirements of the applicable State and local jurisdictions in which the terminal is located;
(2) incorporate into the designs and plans proposed for converting the terminal, features that reasonably appear likely to attract private investors willing to carry out the planned conversion and its subsequent maintenance and operation; and
(3) complete the designs and plans for the conversion within the period of time prescribed by the Secretary.
(b)
(c)
(A) listed in the National Register of Historic Places maintained by the Secretary of the Interior; or
(B) recommended (on the basis of architectural integrity and quality) by the Advisory Council on Historic Preservation or the Chairman of the National Endowment for the Arts.
(2) The Secretary of Transportation may not make a grant under this section for more than 80 percent of the total cost of the project for which the financial assistance is provided.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 853; Pub. L. 103–429, §6(15), Oct. 31, 1994, 108 Stat. 4379.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5565(a) | 49 App.:1653(i)(5) (1st sentence). | Oct. 15, 1966, Pub. L. 89–670, 80 Stat. 931, §4(i)(5); added Oct. 28, 1974, Pub. L. 93–496, §§6, 15, 88 Stat. 1529, 1533; Feb. 5, 1976, Pub. L. 94–210, §707(3), 90 Stat. 125; Oct. 5, 1978, Pub. L. 95–421, §14, 92 Stat. 929; Sept. 29, 1979, Pub. L. 96–73, §128, 93 Stat. 553; May 30, 1980, Pub. L. 96–254, §206(a), 94 Stat. 412. |
| 5565(b) | 49 App.:1653(i)(5) (2d sentence). | |
| 5565(c) | 49 App.:1653(i)(5) (3d, last sentences). |
In subsection (a), before clause (1), the word “authority” is substituted for “entity” for consistency in the revised title. The words “in accordance with regulations” are omitted as unnecessary because of 49:322(a). In clause (1), the words “as well as requirements . . . under this subsection” are omitted as unnecessary because of the restatement. In clause (2), the words “into an intermodal transportation terminal, a civic or cultural center, or both” are omitted as unnecessary. In clause (3), the word “prescribed” is substituted for “establishes” as being more appropriate.
In subsection (b), the words “carried out” are substituted for “implemented and effectuated” for consistency in the revised title.
In subsection (c)(2), the words “The Secretary of Transportation may not make a grant” are substituted for “The amount of the Federal share of any grant . . . shall not exceed” for clarity and consistency in this chapter. The word “undertaking” is omitted as being included in “project”.
Pub. L. 103–429
This amends 49:5565 to correct an erroneous section catchline.
Amendments
1994—Pub. L. 103–429 inserted “certain” after “converting” in section catchline.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
§5566. Records and audits
(a)
(1) the amount, and disposition by the recipient, of the proceeds of the assistance;
(2) the total cost of the project for which the assistance was given or used;
(3) the amount of that part of the cost of the project supplied by other sources; and
(4) any other records that will make an effective audit easier.
(b)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 853.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5566(a) | 49 App.:1653(i)(8) (1st sentence). | Oct. 15, 1966, Pub. L. 89–670, 80 Stat. 931, §4(i)(8); added Oct. 28, 1974, Pub. L. 93–496, §§6, 15, 88 Stat. 1530, 1533; Feb. 5, 1976, Pub. L. 94–210, §707(3), 90 Stat. 125; May 30, 1980, Pub. L. 96–254, §206(a), 94 Stat. 412. |
| 5566(b) | 49 App.:1653(i)(8) (last sentence). |
In this section, the word “undertaking” is omitted as being included in “project”.
In subsection (a), before clause (1), the word “fully” is omitted as surplus.
In subsection (b), the words “the expiration of” and “of the United States” are omitted as surplus. The words “or any of their duly authorized representatives” are omitted as unnecessary because of 49:322(b) and 31:711(2). The words “may audit and inspect” are substituted for “shall have access for the purpose of audit and examination” for consistency in the revised title and with other titles of the United States Code. The word “recipient” is substituted for “such receipts” to correct an error in the underlying source provisions.
§5567. Preference for preserving buildings of historic or architectural significance
Amtrak shall give preference to the use of rail passenger terminal facilities that will preserve buildings of historic or architectural significance.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 854.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5567 | 49 App.:1653(i)(7). | Oct. 15, 1966, Pub. L. 89–670, 80 Stat. 931, §4(i)(7); added Oct. 28, 1974, Pub. L. 93–496, §§6, 15, 88 Stat. 1530, 1533; Feb. 5, 1976, Pub. L. 94–210, §707(3), 90 Stat. 125; May 30, 1980, Pub. L. 96–254, §206(a), 94 Stat. 412. |
The word “Amtrak” is substituted for “The National Railroad Passenger Corporation” for consistency in the revised title. The words “rail passenger terminal” are substituted for “station” for consistency in this chapter. The word “or” is substituted for “and” for consistency with the source provisions being restated in section 5562(a)(3) of the revised title.
§5568. Authorization of appropriations
(a)
(1) not more than $15,000,000 to carry out section 5562(a)(1) and (3) of this title.
(2) not more than $2,500,000 to carry out section 5562(a)(2) of this title.
(3) not more than $2,500,000 to carry out section 5562(a)(4) of this title.
(b)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 854.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5568 | 49 App.:1653(i)(9). | Oct. 15, 1966, Pub. L. 89–670, 80 Stat. 931, §4(i)(9); added Oct. 28, 1974, Pub. L. 93–496, §§6, 15, 88 Stat. 1530, 1533; restated Feb. 5, 1976, Pub. L. 94–210, §707(3), (5), 90 Stat. 125; Oct. 19, 1976, Pub. L. 94–555, §219(a), 90 Stat. 2629; May 30, 1980, Pub. L. 96–254, §206(a), 94 Stat. 412. |
In subsection (a), before clause (1), the words “to the Secretary of Transportation” are added for clarity and consistency in this chapter.
In subsection (b), the words “to carry out” are substituted for “for the purpose set forth . . . in” for consistency in the revised title and with other titles of the United States Code.
CHAPTER 57—SANITARY FOOD TRANSPORTATION
Amendments
2005—Pub. L. 109–59, title VII, §7203, Aug. 10, 2005, 119 Stat. 1913, reenacted chapter heading without change and amended table of sections generally, substituting item 5701 for former items 5701 “Findings”, 5702 “Definitions”, 5703 “General regulation”, 5704 “Tank trucks, rail tank cars, and cargo tanks”, 5705 “Motor and rail transportation of nonfood products”, 5706 “Dedicated vehicles”, 5707 “Waiver authority”, 5708 “Food transportation inspections”, 5709 “Consultation”, 5710 “Administrative”, 5711 “Enforcement and penalties”, 5712 “Relationship to other laws”, 5713 “Application of sections 5711 and 5712”, and 5714 “Coordination procedures”.
1 So in original. Does not conform to section catchline.
§5701. Food transportation safety inspections
(a)
(1)
(A) food in violation of regulations promulgated under section 416 of the Federal Food, Drug, and Cosmetic Act;
(B) a carcass, part of a carcass, meat, meat food product, or animal subject to detention under section 402 of the Federal Meat Inspection Act (21 U.S.C. 672); and
(C) poultry products or poultry subject to detention under section 19 of the Poultry Products Inspection Act (21 U.S.C. 467a).
(2)
(A)
(B)
(3)
(b)
(c)
(Added Pub. L. 109–59, title VII, §7203, Aug. 10, 2005, 119 Stat. 1913.)
References in Text
Section 416 of the Federal Food, Drug, and Cosmetic Act, referred to in subsec. (a)(1)(A), is classified to section 350e of Title 21, Food and Drugs.
Prior Provisions
Prior sections 5701 to 5714 were omitted in the general amendment of this chapter by Pub. L. 109–59, §7203.
Section 5701, Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 854, related to findings.
Section 5702, Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 854, defined terms.
Section 5703, Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 855, directed Secretary to prescribe regulations.
Section 5704, Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 856, related to prohibited use of tank trucks, rail tank cars, and cargo tanks.
Section 5705, Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 857, related to prohibited motor and rail transportation of nonfood products.
Section 5706, Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 857, related to dedication of vehicles to transport asbestos, extremely dangerous products, or refuse.
Section 5707, Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 857, related to waiver of provisions.
Section 5708, Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 858, related to food transportation inspections. See section 5701 of this title.
Section 5709, Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 858, related to consultation with Secretaries of Agriculture and Health and Human Services and Administrator of the Environmental Protection Agency.
Section 5710, Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 858, related to duties and powers of Secretary.
Section 5711, Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 858, related to enforcement and penalties.
Section 5712, Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 859, related to relationship to other laws.
Section 5713, Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 859, related to application of sections 5711 and 5712.
Section 5714, Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 859, related to coordination between departments, agencies, and instrumentalities.
Effective Date
Section effective Oct. 1, 2005, see section 7204 of Pub. L. 109–59, set out as an Effective Date of 2005 Amendment note under section 331 of Title 21, Food and Drugs.
CHAPTER 59—INTERMODAL SAFE CONTAINER TRANSPORTATION
Amendments
1996—Pub. L. 104–291, title II, §§208(b), 209(b), Oct. 11, 1996, 110 Stat. 3457, 3458, substituted “Effective date” for “Regulations and effective date” in item 5907 and added item 5908.
§5901. Definitions
In this chapter—
(1) except as otherwise provided in this chapter, the definitions in sections 10102 and 13102 of this title apply.
(2) “beneficial owner” means a person not having title to property but having ownership rights in the property, including a trustee of property in transit from an overseas place of origin that is domiciled or doing business in the United States, except that a carrier, agent of a carrier, broker, customs broker, freight forwarder, warehouser, or terminal operator is not a beneficial owner only because of providing or arranging for any part of the intermodal transportation of property.
(3) “carrier” means—
(A) a motor carrier, water carrier, and rail carrier providing transportation of property in commerce; and
(B) an ocean common carrier (as defined in section 40102 of title 46) providing transportation of property in commerce.
(4) “container” has the meaning given the term “freight container” by the International Standards Organization in Series 1, Freight Containers, 3d Edition (reference number ISO668–1979(E)), including successive revisions, and similar containers that are used in providing transportation in interstate commerce.
(5) “first carrier” means the first carrier transporting a loaded container or trailer in intermodal transportation.
(6) “gross cargo weight” means the weight of the cargo, packaging materials (including ice), pallets, and dunnage.
(7) “intermodal transportation” means the successive transportation of a loaded container or trailer from its place of origin to its place of destination by more than one mode of transportation in interstate or foreign commerce, whether under a single bill of lading or under separate bills of lading.
(8) “trailer” means a nonpower, property-carrying, trailing unit that is designed for use in combination with a truck tractor.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 859; Pub. L. 104–291, title II, §203, Oct. 11, 1996, 110 Stat. 3453; Pub. L. 109–304, §17(h)(2), Oct. 6, 2006, 120 Stat. 1709.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5901(1) | 49:501(a)(1). | |
| 5901(2) | 49:501(a)(4). | |
| 5901(3) | 49:501(a)(5). | |
| 5901(4) | 49:501(a)(6). | |
| 5901(5) | 49:501(a)(7). | |
| 5901(6) | 49:501(a)(8). | |
| 5901(7) | 49:501(a)(9). |
This chapter restates 49:508 and the relevant definitions in 49:501 because the subject matter more appropriately belongs in subtitle III of title 49. The text of 49:501(a)(1) is restated to incorporate the definitions in 49:10102. The terms defined in 49:501(a)(2) and (3) are not used in this chapter.
In clause (2), the word “including” is substituted for “For purposes of this paragraph . . . shall be treated as a beneficial owner of such property” for consistency and to eliminate unnecessary words. The words “is not a beneficial owner only because of providing or arranging for any part of the intermodal transportation of property” are substituted for “providing or arranging for any portion of intermodal transportation of property shall in no case be a beneficial owner of such property, for purposes of this paragraph, solely by reason of providing or arranging for such transportation” to eliminate unnecessary words.
In clause (3)(A), the words “(as such terms are defined in section 10102 of this title)” are omitted as unnecessary because of clause (1) of this section.
In clause (7), the words “property-carrying” are substituted for “cargo carrying” for consistency in the revised title.
Amendments
2006—Par. (3)(B). Pub. L. 109–304 substituted “section 40102 of title 46” for “section 3 of the Shipping Act of 1984 (46 App. U.S.C. 1702)”.
1996—Par. (1). Pub. L. 104–291, §203(1), added par. (1) and struck out former par. (1) which read as follows: “the definitions in section 10102 of this title apply.”
Pars. (6) to (8). Pub. L. 104–291, §203(2), (3), added par. (6) and redesignated former pars. (6) and (7) as (7) and (8), respectively.
§5902. Notifications and certifications
(a)
(b)
(1)
(2)
(A) the actual gross cargo weight;
(B) a reasonable description of the contents of the container or trailer;
(C) the identity of the certifying party;
(D) the container or trailer number; and
(E) the date of certification or transfer of data to another document, as provided for in paragraph (3).
(3)
(4)
(5)
(6)
(7)
(c)
(d)
(1) a person inaccurately transfers information on a certification required by subsection (b)(1), or fails to forward a certification to the subsequent carrier;
(2) as a result of the inaccurate transfer of such information or a failure to forward a certification, the subsequent carrier incurs a bond, fine, penalty, or cost (including storage), or interest; and
(3) that subsequent carrier exercises its rights to a lien under section 5905,
then that person is liable to the owner or beneficial owner, or to any other person paying the amount of the lien to the subsequent carrier, for the amount of the lien and all costs related to the imposition of the lien, including court costs and legal fees incurred in connection with it.
(e)
(A) performs the highway portion of the intermodal movement; or
(B) assumes the responsibility for any weight-related fine or penalty incurred by any other motor carrier that performs a part of the highway transportation.
(2) Subsections (a) and (b) of this section and section 5903(c) of this title do not apply to a carrier when the carrier is transferring a loaded container or trailer to another carrier during intermodal transportation, unless the carrier is also the person tendering the loaded container or trailer to the first carrier.
(3) A carrier, agent of a carrier, broker, customs broker, freight forwarder, warehouser, or terminal operator is deemed not to be a person tendering a loaded container or trailer to a first carrier under this section, unless the carrier, agent, broker, customs broker, freight forwarder, warehouser, or terminal operator assumes legal responsibility for loading property into the container or trailer.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 860; Pub. L. 104–291, title II, §204, Oct. 11, 1996, 110 Stat. 3453.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5902(a) | 49:508(a)(1). | |
| 5902(b) | 49:508(a)(2). | |
| 5902(c) | 49:508(b). | |
| 5902(d)(1) | 49:508(e). | |
| 5902(d)(2) | 49:508(a)(4). |
In subsection (c), the words “shall forward” are substituted for “It shall be a violation of this section for . . . to fail to forward” for clarity. The words “may not be construed as” are substituted for “shall not constitute, or in any way be construed as” to eliminate unnecessary words.
In subsection (d)(2), the words “is deemed not to be” are substituted for “shall not be considered to be” for consistency in the revised title.
Amendments
1996—Subsec. (a). Pub. L. 104–291, §204(a)(4), (5), substituted “electronically or by telephone. This subsection applies to any person within the United States who tenders a container or trailer subject to this chapter for intermodal transportation if the first carrier is a motor carrier.” for “electronically.”
Pub. L. 104–291, §204(a)(3), inserted “before the tendering of the container or trailer” after “contents of the container or trailer”.
Pub. L. 104–291, §204(a)(2), substituted “29,000 pounds is tendered for intermodal transportation is a motor carrier, the person tendering the container or trailer shall give the motor carrier a” for “10,000 pounds (including packing material and pallets), the person shall give the carrier a written”.
Pub. L. 104–291, §204(a)(1), substituted “If the first carrier to which any” for “Before a person tenders to a first carrier for intermodal transportation a”.
Subsec. (b). Pub. L. 104–291, §204(b), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “Not later than when a person tenders to a first carrier for intermodal transportation a container or trailer to which subsection (a) of this section applies or a loaded container or trailer having an actual gross cargo weight of more than 10,000 pounds (including packing material and pallets), the person shall certify to the carrier in writing the actual gross cargo weight and a reasonable description of the contents of the container or trailer.”
Subsec. (c). Pub. L. 104–291, §204(c)(2), inserted at end “If a person inaccurately transfers the information on the certification, or fails to forward the certification to a subsequent carrier, then that person is liable to any person who incurs any bond, fine, penalty, cost (including storage), or interest for any such fine, penalty, cost (including storage), or interest incurred as a result of the inaccurate transfer of information or failure to forward the certification. A subsequent carrier who incurs a bond, fine, penalty, or cost (including storage), or interest as a result of the inaccurate transfer of the information, or the failure to forward the certification, shall have a lien against the contents of the container or trailer under section 5905 in the amount of the bond, fine, penalty, or cost (including storage), or interest and all court costs and legal fees incurred by the carrier as a result of such inaccurate transfer or failure.”
Pub. L. 104–291, §204(c)(1), substituted “transportation before or when the loaded intermodal container or trailer is tendered to the subsequent carrier. If no certification is received by the subsequent carrier before or when the container or trailer is tendered to it, the subsequent carrier may presume that no certification is required.” for “transportation.”
Subsec. (d). Pub. L. 104–291, §204(d), added subsec. (d). Former subsec. (d) redesignated (e).
Subsec. (e). Pub. L. 104–291, §204(d), (e), redesignated subsec. (d) as (e), added par. (1), redesignated former pars. (1) and (2) as (2) and (3), respectively, and adjusted margin of par. (2).
§5903. Prohibitions
(a)
(b)
(1)
(2)
(c)
(2) A person, knowing that the weight of a loaded container or trailer or the weight of a tractor-trailer combination carrying the container or trailer is more than the weight allowed by applicable State law, may not coerce or attempt to coerce a carrier to transport the container or trailer or to operate the tractor-trailer combination in violation of that State law.
(d)
(1)
(A) the motor carrier shall give notice to the operator of a vehicle which is leased by the vehicle operator to a motor carrier that transports an intermodal container or trailer of the gross cargo weight of the container or trailer as certified to the motor carrier under section 5902(b);
(B) the notice shall be provided to the operator prior to the operator being tendered the container or trailer;
(C) the notice required by this subsection shall be in writing, but may be transmitted electronically; and
(D) the motor carrier shall bear the burden of proof to establish that it tendered the required notice to the operator.
(2)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 860; Pub. L. 104–291, title II, §205, Oct. 11, 1996, 110 Stat. 3456.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5903(a) | 49:508(a)(3) (related to violations). | |
| 5903(b) | 49:508(d). | |
| 5903(c) | 49:508(c). |
In this section, the words “may not” are substituted for “it shall be a violation” and “It shall be unlawful” for consistency in the revised title.
In subsection (a), the words “After the date on which the Secretary of Transportation issues final regulations to enforce this section” are omitted because of section 5907(b) of the revised title. The words “to fail to comply with paragraph (1) or (2)” are omitted as unnecessary because the failure to comply with an affirmative duty is a violation without the need to say so specifically. The word “false” is omitted as included in “erroneous”. The word “written” is omitted as surplus.
In subsection (b), the words “(as such term is defined in section 10102 of this title)” are omitted as unnecessary because of section 5901(1) of the revised title. The word “transport” is substituted for “provide transportation of” for consistency and to eliminate unnecessary words.
Amendments
1996—Subsec. (a). Pub. L. 104–291, §205(1), inserted “, To whom section 5902(b) applies,” after “person”.
Subsec. (b). Pub. L. 104–291, §205(2), added subsec. (b) and struck out former subsec. (b) which read as follows:
“(b)
Subsec. (c). Pub. L. 104–291, §205(3), substituted “29,000 pounds” for “10,000 pounds (including packing materials and pallets)”.
Subsec. (d). Pub. L. 104–291, §205(4), added subsec. (d).
1 So in original. Probably should not be capitalized.
§5904. State enforcement
(a)
(1) to impose a fine or penalty, for a violation of a State highway weight law or regulation by a tractor-trailer combination carrying a loaded container or trailer for which a certification is required by section 5902(b) of this title, against the person tendering the loaded container or trailer to the first carrier if the violation results from the person's having provided erroneous information in the certification in violation of section 5903(a) of this title; and
(2) to impound the container or trailer until the fine or penalty has been paid by the owner or beneficial owner of the contents of the container or trailer or the person tendering the loaded container or trailer to the first carrier.
(b)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 861.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5904(a) | 49:508(f). | |
| 5904(b) | 49:508(h). |
In subsection (a)(1), the words “false” and “written” are omitted as surplus and for consistency with section 5903(a) of the revised title.
In subsection (b), the words “does not require” are substituted for “shall not be construed as creating any obligation or responsibility for” to eliminate unnecessary words. The words “State highway weight law or regulation” are substituted for “State statutes or regulations prescribing weight limitations for highway transportation” for consistency with subsection (a) of this section and to eliminate unnecessary words.
§5905. Liens
(a)
(1) erroneous information provided by the certifying party in the certification to the first carrier in violation of section 5903(a) of this title;
(2) the failure of the party required to provide the certification to the first carrier to provide it;
(3) the failure of a person required under section 5902(c) to forward the certification to forward it; or
(4) an error occurring in the transfer of information on the certification to another document under section 5902(b)(3) or (c),
then the person posting the bond, or paying the fine, penalty, costs (including storage), or interest has a lien against the contents equal to the amount of the bond, fine, penalty, cost (including storage), or interest incurred, until the person receives a payment of that amount from the owner or beneficial owner of the contents, or from the person responsible for making or forwarding the certification, or transferring the information from the certification to another document.
(b)
(2) In this section, an owner or beneficial owner of the contents of a container or trailer or a person tendering a container or trailer to the first carrier is deemed not to be a person involved in the intermodal transportation of the container or trailer.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 861; Pub. L. 104–291, title II, §206, Oct. 11, 1996, 110 Stat. 3457.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5905(a) | 49:508(g)(1). | |
| 5905(b) | 49:508(g)(2)(A), (B). |
In this section, the word “expenses” is omitted as surplus.
In subsection (a), the words “false” and “written” are omitted as surplus and for consistency with section 5903(a) of the revised title.
In subsection (b)(1), the word “establish” is substituted for “determine” for consistency in the revised title.
In subsection (b)(2), the words “is deemed not to be” are substituted for “shall not be treated as” for consistency in the revised title.
Amendments
1996—Subsec. (a). Pub. L. 104–291, §206(1), added subsec. (a) and struck out former subsec. (a) which read as follows:
“(a)
Subsec. (b)(1). Pub. L. 104–291, §206(3), substituted “cost (including storage), or interest. The lien shall remain in effect until the lien holder has received payment for all costs and expenses described in subsection (a) of this section.” for “cost, or interest.”
Pub. L. 104–291, §206(2), inserted “, or the owner or beneficial owner of the contents,” after “first carrier”.
§5906. Perishable agricultural commodities
Section 5905 of this title does not apply to a container or trailer the contents of which are perishable agricultural commodities (as defined in the Perishable Agricultural Commodities Act, 1930 (7 U.S.C. 499a et seq.)).
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 861; Pub. L. 104–291, title II, §207, Oct. 11, 1996, 110 Stat. 3457.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5906 | 49:508(g)(2)(C). |
References in Text
The Perishable Agricultural Commodities Act, 1930, referred to in text, is act June 10, 1930, ch. 436, 46 Stat. 531, as amended, which is classified generally to chapter 20A (§499a et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see section 499a(a) of Title 7 and Tables.
Amendments
1996—Pub. L. 104–291 substituted “Section 5905 of this title does” for “Sections 5904(a)(2) and 5905 of this title do”.
§5907. Effective date
This chapter shall take effect 180 days after the date of enactment of the Intermodal Safe Container Transportation Amendments Act of 1996.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 862; Pub. L. 104–291, title II, §208(a), Oct. 11, 1996, 110 Stat. 3457.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5907(a) | 49:508 (note). | Oct. 28, 1992, Pub. L. 102–548, §2(d), 106 Stat. 3649. |
| 5907(b) | 49:508(a)(3) (related to effective date). |
In subsection (a), the words “shall initiate a proceeding to issue regulations . . . within 180 days after the date of enactment of this Act” are omitted as executed.
Subsection (b) is substituted for the source provision and made applicable to the entire chapter for clarity.
References in Text
The date of enactment of the Intermodal Safe Container Transportation Amendments Act of 1996, referred to in text, is the date of enactment of Pub. L. 104–291, which was approved Oct. 11, 1996.
Amendments
1996—Pub. L. 104–291 substituted “Effective date” for “Regulations and effective date” in section catchline and amended text generally. Prior to amendment, text read as follows:
“(a)
“(b)
§5908. Relationship to other laws
Nothing in this chapter affects—
(1) chapter 51 (relating to transportation of hazardous material) or the regulations promulgated under that chapter; or
(2) any State highway weight or size law or regulation applicable to tractor-trailer combinations.
(Added Pub. L. 104–291, title II, §209(a), Oct. 11, 1996, 110 Stat. 3458.)
CHAPTER 61—ONE-CALL NOTIFICATION PROGRAMS
Amendments
2006—Pub. L. 109–468, §3(b), Dec. 29, 2006, 120 Stat. 3490, added item 6109.
2002—Pub. L. 107–355, §2(c)(2), Dec. 17, 2002, 116 Stat. 2986, substituted “Implementation of best practices guidelines” for “Review of one-call system best practices” in item 6105.
§6101. Purposes
The purposes of this chapter are—
(1) to enhance public safety;
(2) to protect the environment;
(3) to minimize risks to excavators; and
(4) to prevent disruption of vital public services,
by reducing the incidence of damage to underground facilities during excavation through the voluntary adoption and efficient implementation by all States of State one-call notification programs that meet the minimum standards set forth under section 6103.
(Added Pub. L. 105–178, title VII, §7302(a), June 9, 1998, 112 Stat. 478.)
Transfer of Functions
For transfer of duties, powers, and authority of Research and Special Programs Administration under this chapter to the Administrator of the Pipeline and Hazardous Materials Safety Administration, see section 2(b) of Pub. L. 108–426, set out as a note under section 108 of this title.
Congressional Findings
Pub. L. 105–178, title VII, §7301, June 9, 1998, 112 Stat. 477, provided that: “Congress finds that—
“(1) unintentional damage to underground facilities during excavation is a significant cause of disruptions in telecommunications, water supply, electric power, and other vital public services, such as hospital and air traffic control operations, and is a leading cause of natural gas and hazardous liquid pipeline accidents;
“(2) excavation that is performed without prior notification to an underground facility operator or with inaccurate or untimely marking of such a facility prior to excavation can cause damage that results in fatalities, serious injuries, harm to the environment and disruption of vital services to the public; and
“(3) protection of the public and the environment from the consequences of underground facility damage caused by excavations will be enhanced by a coordinated national effort to improve one-call notification programs in each State and the effectiveness and efficiency of one-call notification systems that operate under such programs.”
§6102. Definitions
In this chapter, the following definitions apply:
(1)
(2)
(3)
(4)
(Added Pub. L. 105–178, title VII, §7302(a), June 9, 1998, 112 Stat. 478.)
§6103. Minimum standards for State one-call notification programs
(a)
(1) appropriate participation by all underground facility operators, including all government operators;
(2) appropriate participation by all excavators, including all government and contract excavators; and
(3) flexible and effective enforcement under State law with respect to participation in, and use of, one-call notification systems.
(b)
(1) damage to types of underground facilities; and
(2) activities of types of excavators.
(c)
(1) consideration of the ranking of risks under subsection (b) in the enforcement of its provisions;
(2) a reasonable relationship between the benefits of one-call notification and the cost of implementing and complying with the requirements of the State one-call notification program; and
(3) voluntary participation where the State determines that a type of underground facility or an activity of a type of excavator poses a de minimis risk to public safety or the environment.
(d)
(1) administrative or civil penalties commensurate with the seriousness of a violation by an excavator or facility owner of a State one-call notification program;
(2) increased penalties for parties that repeatedly damage underground facilities because they fail to use one-call notification systems or for parties that repeatedly fail to provide timely and accurate marking after the required call has been made to a one-call notification system;
(3) reduced or waived penalties for a violation of a requirement of a State one-call notification program that results in, or could result in, damage that is promptly reported by the violator;
(4) equitable relief; and
(5) citation of violations.
(Added Pub. L. 105–178, title VII, §7302(a), June 9, 1998, 112 Stat. 479; amended Pub. L. 107–355, §2(a), Dec. 17, 2002, 116 Stat. 2985.)
Amendments
2002—Subsec. (a)(1). Pub. L. 107–355, §2(a)(1)(A), inserted “, including all government operators” before semicolon at end.
Subsec. (a)(2). Pub. L. 107–355, §2(a)(1)(B), inserted “, including all government and contract excavators” before semicolon.
Subsec. (c). Pub. L. 107–355, §2(a)(2), substituted “provide for and document” for “provide for” in introductory provisions.
§6104. Compliance with minimum standards
(a)
(b)
(1) Upon application by a State, the Secretary shall review that State's one-call notification program, including the provisions for the implementation of the program and the record of compliance and enforcement under the program.
(2) Based on the review under paragraph (1), the Secretary shall determine whether the State's one-call notification program meets the minimum standards for such a program set forth in section 6103 in order to qualify for a grant under section 6106.
(3) In order to expedite compliance under this section, the Secretary may consult with the State as to whether an existing State one-call notification program, a specific modification thereof, or a proposed State program would result in a positive determination under paragraph (2).
(4) The Secretary shall prescribe the form and manner of filing an application under this section that shall provide sufficient information about a State's one-call notification program for the Secretary to evaluate its overall effectiveness. Such information may include the nature and reasons for exceptions from required participation, the types of enforcement available, and such other information as the Secretary deems necessary.
(5) The application of a State under paragraph (1) and the record of actions of the Secretary under this section shall be available to the public.
(c)
(d)
(1) a description of the extent to which each State has adopted and implemented the minimum Federal standards under section 6103 or maintains an alternative program under subsection (c);
(2) an analysis by the Secretary of the overall effectiveness of each State's one-call notification program and the one-call notification systems operating under such program in achieving the purposes of this chapter;
(3) the impact of each State's decisions on the extent of required participation in one-call notification systems on prevention of damage to underground facilities; and
(4) areas where improvements are needed in one-call notification systems in operation in each State.
The report shall also include any recommendations the Secretary determines appropriate. If the Secretary determines that the purposes of this chapter have been substantially achieved, no further report under this section shall be required.
(Added Pub. L. 105–178, title VII, §7302(a), June 9, 1998, 112 Stat. 479; amended Pub. L. 107–355, §2(b), Dec. 17, 2002, 116 Stat. 2985.)
References in Text
The date of the enactment of this chapter, referred to in subsec. (a), is the date of enactment of Pub. L. 105–178, which was approved June 9, 1998.
Amendments
2002—Subsec. (d). Pub. L. 107–355 substituted “The Secretary shall” for “Within 3 years after the date of the enactment of this chapter, the Secretary shall begin to” in introductory provisions.
§6105. Implementation of best practices guidelines
(a)
(b)
(c)
(1)
(2)
(3)
(Added Pub. L. 105–178, title VII, §7302(a), June 9, 1998, 112 Stat. 480; amended Pub. L. 107–355, §2(c)(1), Dec. 17, 2002, 116 Stat. 2985.)
Amendments
2002—Pub. L. 107–355 amended section generally. Prior to amendment, section related to study of existing one-call systems, purpose and considerations of study, report by Secretary within one year of June 9, 1998, and discretion of Secretary as to whether to carry out study.
§6106. Grants to States
(a)
(1) the overall quality and effectiveness of one-call notification systems in the State;
(2) communications systems linking one-call notification systems;
(3) location capabilities, including training personnel and developing and using location technology;
(4) record retention and recording capabilities for one-call notification systems;
(5) public information and education;
(6) participation in one-call notification systems; or
(7) compliance and enforcement under the State one-call notification program.
(b)
(c)
(Added Pub. L. 105–178, title VII, §7302(a), June 9, 1998, 112 Stat. 482.)
References in Text
The date of enactment of this chapter, referred to in subsec. (b), is the date of enactment of Pub. L. 105–178, which was approved June 9, 1998.
§6107. Authorization of appropriations
(a)
(b)
(c)
(Added Pub. L. 105–178, title VII, §7302(a), June 9, 1998, 112 Stat. 482; amended Pub. L. 107–355, §2(d), Dec. 17, 2002, 116 Stat. 2986; Pub. L. 109–468, §18(d), Dec. 29, 2006, 120 Stat. 3498.)
Amendments
2006—Subsecs. (a), (b). Pub. L. 109–468 substituted “fiscal years 2007 through 2010” for “fiscal years 2003 through 2006”.
2002—Subsec. (a). Pub. L. 107–355, §2(d)(1), substituted “$1,000,000 for each of fiscal years 2003 through 2006” for “$1,000,000 for fiscal year 2000 and $5,000,000 for fiscal year 2001” in first sentence.
Subsec. (b). Pub. L. 107–355, §2(d)(2), substituted “for fiscal years 2003 through 2006” for “for fiscal years 1999, 2000, and 2001”.
§6108. Relationship to State laws
Nothing in this chapter preempts State law or shall impose a new requirement on any State or mandate revisions to a one-call system.
(Added Pub. L. 105–178, title VII, §7302(a), June 9, 1998, 112 Stat. 482.)
§6109. Public education and awareness
(a)
(b)
(Added Pub. L. 109–468, §3(a), Dec. 29, 2006, 120 Stat. 3489.)
SUBTITLE IV—INTERSTATE TRANSPORTATION
PART A—RAIL
PART B—MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT FORWARDERS
PART C—PIPELINE CARRIERS
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).
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
§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 possible, competition and the demand for services to establish reasonable rates for transportation by rail;
(2) to minimize the need for Federal regulatory control over the rail transportation system and to require fair and expeditious regulatory decisions when regulation is required;
(3) to promote a safe and efficient rail transportation system by allowing rail carriers to earn adequate revenues, as determined by the Board;
(4) to ensure the development and continuation 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 competition and coordination between rail carriers 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 management 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 industry;
(12) to prohibit predatory pricing and practices, to avoid undue concentrations of market power, and to prohibit unlawful discrimination;
(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 conservation; and
(15) to provide for the expeditious handling and resolution of all proceedings required or permitted to be brought under this part.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 805.)
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.
Effective Date
Chapter effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 701 of this title.
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 sections 14710, 14711, and 14915 of this title, amending sections 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 sections 14504a and 14506 of this title, amending sections 13902, 13905, 13906, 13908, 31102, and 31103 of this title, repealing section 14504 of this title, and enacting provisions set out as notes under sections 13902 and 14504 of this title] may be cited as the ‘Unified Carrier Registration Act of 2005’.”
Short Title of 2002 Amendment
Pub. L. 107–298, §1, Nov. 26, 2002, 116 Stat. 2342, provided 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
Section 1 of Pub. L. 97–261 provided: “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’.”
Section 1 of Pub. L. 96–448 provided that: “This Act [see Tables for classification] may be cited as the ‘Staggers Rail Act of 1980’.”
Section 1 of Pub. L. 96–296 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 Transportation Board;
(2) “car service” includes (A) the use, control, supply, movement, distribution, exchange, interchange, and return of locomotives, 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 relationship between persons, includes actual control, legal control, and the power to exercise control, through or by (A) common directors, officers, 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 connection 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, terminal facility, and a freight depot, yard, and ground, used or necessary for transportation;
(7) “rate” means a rate or charge for transportation;
(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 passengers or property, or both, by rail, regardless of ownership or an agreement concerning use; and
(B) services related to that movement, including receipt, delivery, elevation, transfer in transit, refrigeration, icing, ventilation, storage, handling, and interchange of passengers 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.)
Prior Provisions
Prior sections 10102 and 10103 were omitted in the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Section 10102, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1338; Pub. L. 96–296, §10(a)(1), July 1, 1980, 94 Stat. 799; Pub. L. 96–454, §3(a), Oct. 15, 1980, 94 Stat. 2011; Pub. L. 97–261, §6(d)(1), Sept. 20, 1982, 96 Stat. 1107; Pub. L. 99–521, §4, Oct. 22, 1986, 100 Stat. 2993; Pub. L. 103–272, §5(m)(13), July 5, 1994, 108 Stat. 1377; Pub. L. 103–311, title II, §§205(b), 206(f), Aug. 26, 1994, 108 Stat. 1683, 1686, defined terms used in this subtitle. See sections 10102, 13102, and 15102 of this title.
Section 10103, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1340; Pub. L. 96–448, title II, §214(c)(2), Oct. 14, 1980, 94 Stat. 1915, provided that the remedies under this subtitle were cumulative. See sections 10501, 13103, and 15103 of this title.
A prior chapter 103, consisting of sections 10301 to 10311, 10321, 10322, 10324, 10326 to 10330, 10341 to 10344, 10361 to 10364, and 10381 to 10388, was omitted in the general amendment of this subtitle by Pub. L. 104–88, §102(a). See chapter 7 of this title.
Section 10301, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1341; Pub. L. 97–253, title V, §502(b), (e), (h)(1), Sept. 8, 1982, 96 Stat. 806, related to organization, membership, administration, seal, and expenses of Interstate Commerce Commission.
Section 10302, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1342, related to divisions of Commission.
Section 10303, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1342, related to Secretary and public records of Commission.
Section 10304, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1342, related to employee boards of Commission.
Section 10305, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1342, related to delegation of authority by Commission.
Section 10306, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1343, related to conduct of Commission proceedings.
Section 10307, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1343, related to offices and sessions of Commission.
Section 10308, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1343, related to admission to practice before Commission.
Section 10309, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1344; Pub. L. 103–437, §18, Nov. 2, 1994, 108 Stat. 4596, related to access to Commission records by congressional committees.
Section 10310, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1344, related to reports of official Commission actions.
Section 10311, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1345, required Commission to submit annual report to Congress.
Section 10321, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1345; Pub. L. 97–261, §24, Sept. 20, 1982, 96 Stat. 1124; Pub. L. 103–272, §4(j)(12), July 5, 1994, 108 Stat. 1368, related to powers of Commission.
Section 10322, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1346; Pub. L. 96–296, §25(a), July 1, 1980, 94 Stat. 816; Pub. L. 96–454, §5(b), Oct. 15, 1980, 94 Stat. 2014; Pub. L. 97–261, §§6(e), 16(c), 17(b), 28(a), Sept. 20, 1982, 96 Stat. 1107, 1117, 1119, 1128; Pub. L. 98–554, title II, §226(c)(1), Oct. 30, 1984, 98 Stat. 2851; Pub. L. 103–272, §5(m)(14), July 5, 1994, 108 Stat. 1377, related to Commission action and appellate procedure in non-rail proceedings.
A prior section 10323, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1346, related to rehearing, reargument, and reconsideration in nonrail proceedings, prior to repeal by Pub. L. 96–296, §25(b), July 1, 1980, 94 Stat. 818.
Section 10324, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1347; Pub. L. 96–258, §1(1), June 3, 1980, 94 Stat. 425; Pub. L. 96–296, §25(c), July 1, 1980, 94 Stat. 818, related to taking effect, duration, and modification of Commission actions.
A prior section 10325, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1347, provided for judicial review in nonrail proceedings, prior to repeal by Pub. L. 96–296, §25(d), July 1, 1980, 94 Stat. 818.
Section 10326, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1348, related to limitations in rulemaking proceedings related to rail carriers.
Section 10327, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1348; Pub. L. 96–258, §1(2), June 3, 1980, 94 Stat. 425; Pub. L. 96–296, §25(e), July 1, 1980, 94 Stat. 818; Pub. L. 97–375, title I, §113, Dec. 21, 1982, 96 Stat. 1821; Pub. L. 104–66, title II, §2101, Dec. 21, 1995, 109 Stat. 730, related to Commission action and appellate procedure in rail carrier proceedings.
Section 10328, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1350; Pub. L. 97–261, §28(b), Sept. 20, 1982, 96 Stat. 1128; Pub. L. 99–521, §5(a), Oct. 22, 1986, 100 Stat. 2994, related to intervention in Commission proceedings.
Section 10329, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1351; Pub. L. 99–521, §5(b), Oct. 22, 1986, 100 Stat. 2994, related to service of notice in Commission proceedings.
Section 10330, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1352, related to service of process in court proceedings.
Section 10341, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1352, authorized Commission to refer matters to joint boards.
Section 10342, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1353, related to establishment and membership of joint boards.
Section 10343, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1353, related to powers of joint boards.
Section 10344, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1354; Pub. L. 96–296, §36, July 1, 1980, 94 Stat. 826, related to administration and proceedings of joint boards.
Section 10361, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1355, related to Rail Services Planning Office.
Section 10362, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1355; Pub. L. 98–216, §2(5)–(7), Feb. 14, 1984, 98 Stat. 5; Pub. L. 99–509, title IV, §4033(c)(7), Oct. 21, 1986, 100 Stat. 1909; Pub. L. 103–272, §4(j)(13), July 5, 1994, 108 Stat. 1368, related to duties of Rail Services Planning Office.
Section 10363, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1356; Pub. L. 103–272, §4(j)(14), July 5, 1994, 108 Stat. 1369, related to appointment and duties of Director of Rail Services Planning Office.
Section 10364, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1356; Pub. L. 103–272, §5(m)(15), July 5, 1994, 108 Stat. 1377, related to powers of and assistance to Director.
Section 10381, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1357, related to Office of Rail Public Counsel.
Section 10382, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1357; Pub. L. 96–258, §1(3), June 3, 1980, 94 Stat. 425, related to duties and standing of Office of Rail Public Counsel.
Section 10383, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1357; Pub. L. 103–272, §4(j)(14), July 5, 1994, 108 Stat. 1369, related to duties and appointment of Director of Office of Rail Public Counsel.
Section 10384, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1358, related to staff of Office of Rail Public Counsel.
Section 10385, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1358; Pub. L. 103–272, §5(m)(15), July 5, 1994, 108 Stat. 1377, related to powers of Office of Rail Public Counsel.
Section 10386, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1358, related to reports concerning activities of Office of Rail Public Counsel.
Section 10387, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1358, related to budget requests and estimates of Office of Rail Public Counsel.
Section 10388, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1358; Pub. L. 96–73, title III, §301, Sept. 29, 1979, 93 Stat. 557, authorized appropriations for Office of Rail Public Counsel for fiscal year ending Sept. 30, 1980.
CHAPTER 105—JURISDICTION
§10501. General jurisdiction
(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(a) of this title; and
(ii) includes a person or entity that contracts with the local governmental authority to provide transportation services; and
(B) the term “mass transportation” means transportation services described in section 5302(a) of this title that are provided by rail.
(2) Except as provided in paragraph (3), the Board does not have jurisdiction under this part over mass transportation provided by a local governmental authority.
(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.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 807; amended Pub. L. 104–287, §5(21), Oct. 11, 1996, 110 Stat. 3390.)
References in Text
The ICC Termination Act of 1995, referred to in subsec. (c)(3)(B), is Pub. L. 104–88, Dec. 29, 1995, 109 Stat. 803. For complete classification of this Act to the Code, see Short Title of 1995 Amendment note set out under section 101 of this title and Tables.
The Railway Labor Act, referred to in subsec. (c)(3)(B), is act May 20, 1926, ch. 347, 44 Stat. 577, as amended, which is classified principally to chapter 8 (§151 et seq.) of Title 45, Railroads. For complete classification of this Act to the Code, see section 151 of Title 45 and Tables.
The Railroad Retirement Act of 1974, referred to in subsec. (c)(3)(B), is act Aug. 29, 1935, ch. 812, as amended generally by Pub. L. 93–445, title I, §101, Oct. 16, 1974, 88 Stat. 1305, which is classified generally to subchapter IV (§231 et seq.) of chapter 9 of Title 45. For further details and complete classification of this Act to the Code, see Codification note set out preceding section 231 of Title 45, section 231t of Title 45, and Tables.
The Railroad Retirement Tax Act, referred to in subsec. (c)(3)(B), is act Aug. 16, 1954, ch. 736, §§3201, 3202, 3211, 3212, 3221, and 3231 to 3233, 68A Stat. 431, as amended, which is classified generally to chapter 22 (§3201 et seq.) of Title 26, Internal Revenue Code. For complete classification of this Act to the Code, see section 3233 of Title 26 and Tables.
The Railroad Unemployment Insurance Act, referred to in subsec. (c)(3)(B), is act June 25, 1938, ch. 680, 52 Stat. 1094, as amended, which is classified principally to chapter 11 (§351 et seq.) of Title 45, Railroads. For complete classification of this Act to the Code, see section 367 of Title 45 and Tables.
Prior Provisions
Provisions similar to those in this section were contained in sections 10501 and 10504 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
A prior section 10501, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1359; Pub. L. 96–448, title II, §214(c)(3)–(5), Oct. 14, 1980, 94 Stat. 1915; Pub. L. 103–272, §4(j)(15), July 5, 1994, 108 Stat. 1369, related to jurisdiction of the Interstate Commerce Commission, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a). See sections 10501 and 15301 of this title.
Amendments
1996—Subsec. (c)(3)(B). Pub. L. 104–287 substituted “January 1, 1996” for “the effective date of the ICC Termination Act of 1995”.
Effective Date
Chapter effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 701 of this title.
Abolition of Interstate Commerce Commission
Interstate Commerce Commission abolished by section 101 of Pub. L. 104–88, set out as a note under section 701 of this title.
§10502. Authority to exempt rail carrier transportation
(a) In a matter related to a rail carrier providing transportation subject to the jurisdiction of the Board under this part, the Board, to the maximum extent consistent with this part, shall exempt a person, class of persons, or a transaction or service whenever the Board finds that the application in whole or in part of a provision of this part—
(1) is not necessary to carry out the transportation policy of section 10101 of this title; and
(2) either—
(A) the transaction or service is of limited scope; or
(B) the application in whole or in part of the provision is not needed to protect shippers from the abuse of market power.
(b) The Board may, where appropriate, begin a proceeding under this section on its own initiative or on application by the Secretary of Transportation or an interested party. The Board shall, within 90 days after receipt of any such application, determine whether to begin an appropriate proceeding. If the Board decides not to begin a class exemption proceeding, the reasons for the decision shall be published in the Federal Register. Any proceeding begun as a result of an application under this subsection shall be completed within 9 months after it is begun.
(c) The Board may specify the period of time during which an exemption granted under this section is effective.
(d) The Board may revoke an exemption, to the extent it specifies, when it finds that application in whole or in part of a provision of this part to the person, class, or transportation is necessary to carry out the transportation policy of section 10101 of this title. The Board shall, within 90 days after receipt of a request for revocation under this subsection, determine whether to begin an appropriate proceeding. If the Board decides not to begin a proceeding to revoke a class exemption, the reasons for the decision shall be published in the Federal Register. Any proceeding begun as a result of a request under this subsection shall be completed within 9 months after it is begun.
(e) No exemption order issued pursuant to this section shall operate to relieve any rail carrier from an obligation to provide contractual terms for liability and claims which are consistent with the provisions of section 11706 of this title. Nothing in this subsection or section 11706 of this title shall prevent rail carriers from offering alternative terms nor give the Board the authority to require any specific level of rates or services based upon the provisions of section 11706 of this title.
(f) The Board may exercise its authority under this section to exempt transportation that is provided by a rail carrier as part of a continuous intermodal movement.
(g) The Board may not exercise its authority under this section to relieve a rail carrier of its obligation to protect the interests of employees as required by this part.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 808.)
Prior Provisions
Provisions similar to those in this section were contained in section 10505 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Prior sections 10502 to 10505, 10521 to 10531, 10541 to 10544, and 10561, were omitted in the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Section 10502, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1360, related to Interstate Commerce Commission jurisdiction over express carrier transportation.
Section 10503, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1360, related to railroad and water transportation connections and rates. See section 10703 of this title.
Section 10504, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1360; Pub. L. 97–449, §4(b)(4), Jan. 12, 1983, 96 Stat. 2441; Pub. L. 103–272, §4(j)(16), July 5, 1994, 108 Stat. 1369, related to jurisdiction of Commission over mass transportation provided by local governments. See section 10501 of this title.
Section 10505, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1361; Pub. L. 96–448, title II, §213, Oct. 14, 1980, 94 Stat. 1912; Pub. L. 103–311, title II, §205(a), (c)(1), Aug. 26, 1994, 108 Stat. 1683, 1684, related to authority of Commission to exempt rail carrier and motor carrier transportation. See sections 10502 and 13541 of this title.
Section 10521, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1361; Pub. L. 96–296, §31(b), July 1, 1980, 94 Stat. 824; Pub. L. 97–261, §6(f), Sept. 20, 1982, 96 Stat. 1107; Pub. L. 99–521, §6(a), Oct. 22, 1986, 100 Stat. 2994; Pub. L. 103–305, title VI, §601(b)(2)(C), Aug. 23, 1994, 108 Stat. 1606; Pub. L. 103–311, title II, §211(b)(1), Aug. 26, 1994, 108 Stat. 1689, related to jurisdiction of Commission over motor carrier transportation. See section 13501 of this title.
Section 10522, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1362, related to exempt transportation between Alaska and other States. See section 13502 of this title.
Section 10523, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1362; Pub. L. 99–521, §6(b), Oct. 22, 1986, 100 Stat. 2994, related to exempt motor vehicle transportation in terminal areas. See section 13503 of this title.
Section 10524, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1363; Pub. L. 96–296, §9, July 1, 1980, 94 Stat. 798, related to Commission jurisdiction over transportation furthering a primary business. See section 13505 of this title.
Section 10525, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1363; Pub. L. 96–258, §1(4), June 3, 1980, 94 Stat. 425; Pub. L. 97–261, §30, Sept. 20, 1982, 96 Stat. 1128, related to exempt motor carrier transportation entirely in one State. See section 13504 of this title.
Section 10526, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1364; Pub. L. 96–258, §1(5), June 3, 1980, 94 Stat. 425; Pub. L. 96–296, §§7, 21(a), 24(a), July 1, 1980, 94 Stat. 797, 812, 814; Pub. L. 96–454, §11(a), Oct. 15, 1980, 94 Stat. 2023; Pub. L. 97–261, §14(d), Sept. 20, 1982, 96 Stat. 1114; Pub. L. 97–377, §152, Dec. 21, 1982, 96 Stat. 1918; Pub. L. 97–449, §5(g)(1), Jan. 12, 1983, 96 Stat. 2442; Pub. L. 98–216, §2(8), Feb. 14, 1984, 98 Stat. 5; Pub. L. 98–554, title II, §227(c), Oct. 30, 1984, 98 Stat. 2852; Pub. L. 103–272, §4(j)(17), July 5, 1994, 108 Stat. 1369, related to miscellaneous motor carrier transportation exemptions. See section 13506 of this title.
Section 10527, added Pub. L. 96–296, §16(a), July 1, 1980, 94 Stat. 810; amended Pub. L. 103–272, §5(m)(16), July 5, 1994, 108 Stat. 1377, related to written contracts pertaining to certain interstate movements by motor vehicle.
Section 10528, added Pub. L. 96–296, §21(b)(1), July 1, 1980, 94 Stat. 812; amended Pub. L. 96–454, §11(b), Oct. 15, 1980, 94 Stat. 2023; Pub. L. 103–272, §5(m)(17), July 5, 1994, 108 Stat. 1377, related to mixed loads of regulated and unregulated property. See section 13507 of this title.
Section 10529, added Pub. L. 96–296, §24(b)(1), July 1, 1980, 94 Stat. 814; amended Pub. L. 103–272, §5(m)(18), July 5, 1994, 108 Stat. 1377, related to authority of Commission over cooperative associations. See section 13508 of this title.
Section 10530, added Pub. L. 98–554, title II, §226(a)(1), Oct. 30, 1984, 98 Stat. 2848; amended Pub. L. 99–514, §2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100–690, title IX, §9111(a)–(f), Nov. 18, 1988, 102 Stat. 4531–4533; Pub. L. 103–272, §4(j)(18), (o), July 5, 1994, 108 Stat. 1369, 1371, related to certificates of registration for certain foreign carriers. See section 13902 of this title.
Section 10531, added Pub. L. 103–272, §3(1), July 5, 1994, 108 Stat. 1360, related to mass transportation exemption from Commission jurisdiction.
Section 10541, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1365, related to jurisdiction of Commission over transportation by water carriers. See section 13521 of this title.
Section 10542, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1366; Pub. L. 98–89, §3(b), Aug. 26, 1983, 97 Stat. 599; Pub. L. 98–216, §2(9), (10), Feb. 14, 1984, 98 Stat. 5; Pub. L. 103–272, §5(m)(19), July 5, 1994, 108 Stat. 1377, related to exemption of transportation by water carriers of commodities in bulk from Commission jurisdiction.
Section 10543, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1367, related to exemption of certain incidental water transportation from jurisdiction of Commission.
Section 10544, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1368; Pub. L. 96–258, §1(6), June 3, 1980, 94 Stat. 425; Pub. L. 97–449, §5(g)(2), Jan. 12, 1983, 96 Stat. 2443; Pub. L. 98–216, §2(11), Feb. 14, 1984, 98 Stat. 5; Pub. L. 103–272, §5(m)(19), July 5, 1994, 108 Stat. 1377, related to exemption of certain miscellaneous water carrier transportation from Commission jurisdiction.
Section 10561, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1369; Pub. L. 99–521, §6(c), Oct. 22, 1986, 100 Stat. 2994; Pub. L. 103–272, §5(m)(20), July 5, 1994, 108 Stat. 1377, related to jurisdiction of Commission over services of household goods freight forwarders. See section 13531 of this title.
A prior section 10562, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1369; Pub. L. 97–449, §5(g)(3), Jan. 12, 1983, 96 Stat. 2443, related to exempt freight forwarder service, prior to repeal by Pub. L. 99–521, §§6(d)(1), 15, Oct. 22, 1986, 100 Stat. 2994, 2999, effective 60 days after Oct. 22, 1986.
CHAPTER 107—RATES
SUBCHAPTER I—GENERAL AUTHORITY
SUBCHAPTER II—SPECIAL CIRCUMSTANCES
SUBCHAPTER III—LIMITATIONS
SUBCHAPTER I—GENERAL AUTHORITY
§10701. Standards for rates, classifications, through routes, rules, and practices
(a) A through route established by a rail carrier must be reasonable. Divisions of joint rates by rail carriers must be made without unreasonable discrimination against a participating carrier and must be reasonable.
(b) A rail carrier providing transportation subject to the jurisdiction of the Board under this part may not discriminate in its rates against a connecting line of another rail carrier providing transportation subject to the jurisdiction of the Board under this part or unreasonably discriminate against that line in the distribution of traffic that is not routed specifically by the shipper.
(c) Except as provided in subsection (d) of this section and unless a rate is prohibited by a provision of this part, a rail carrier providing transportation subject to the jurisdiction of the Board under this part may establish any rate for transportation or other service provided by the rail carrier.
(d)(1) If the Board determines, under section 10707 of this title, that a rail carrier has market dominance over the transportation to which a particular rate applies, the rate established by such carrier for such transportation must be reasonable.
(2) In determining whether a rate established by a rail carrier is reasonable for purposes of this section, the Board shall give due consideration to—
(A) the amount of traffic which is transported at revenues which do not contribute to going concern value and the efforts made to minimize such traffic;
(B) the amount of traffic which contributes only marginally to fixed costs and the extent to which, if any, rates on such traffic can be changed to maximize the revenues from such traffic; and
(C) the carrier's mix of rail traffic to determine whether one commodity is paying an unreasonable share of the carrier's overall revenues,
recognizing the policy of this part that rail carriers shall earn adequate revenues, as established by the Board under section 10704(a)(2) of this title.
(3) The Board shall, within one year after January 1, 1996, complete the pending Interstate Commerce Commission non-coal rate guidelines proceeding to establish a simplified and expedited method for determining the reasonableness of challenged rail rates in those cases in which a full stand-alone cost presentation is too costly, given the value of the case.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 809; amended Pub. L. 104–287, §5(22), Oct. 11, 1996, 110 Stat. 3390.)
Prior Provisions
Prior sections 10701 and 10701a were omitted in the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Section 10701, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1371; Pub. L. 96–296, §13(a), July 1, 1980, 94 Stat. 803; Pub. L. 96–448, title II, §201(b)(1), (2), Oct. 14, 1980, 94 Stat. 1899, 1900; Pub. L. 97–261, §9(a), Sept. 20, 1982, 96 Stat. 1109; Pub. L. 103–180, §2(a), (b), (g), Dec. 3, 1993, 107 Stat. 2044, 2047, 2049, related to standards for rates, classifications, through routes, rules, and practices. See sections 10701, 13701, 13709, and 15501 of this title.
Section 10701a, added Pub. L. 96–448, title II, §201(a), Oct. 14, 1980, 94 Stat. 1898; amended Pub. L. 103–272, §4(j)(19), July 5, 1994, 108 Stat. 1369, related to standards for rates for rail carriers. See section 10701 of this title.
Amendments
1996—Subsec. (d)(3). Pub. L. 104–287 substituted “January 1, 1996” for “the effective date of this paragraph”.
Effective Date
Chapter effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 701 of this title.
Abolition of Interstate Commerce Commission
Interstate Commerce Commission abolished by section 101 of Pub. L. 104–88, set out as a note under section 701 of this title.
§10702. Authority for rail carriers to establish rates, classifications, rules, and practices
A rail carrier providing transportation or service subject to the jurisdiction of the Board under this part shall establish reasonable—
(1) rates, to the extent required by section 10707, divisions of joint rates, and classifications for transportation and service it may provide under this part; and
(2) rules and practices on matters related to that transportation or service.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 810.)
Prior Provisions
A prior section 10702, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1372; Pub. L. 103–180, §6(a), Dec. 3, 1993, 107 Stat. 2050; Pub. L. 103–311, title II, §206(a), Aug. 26, 1994, 108 Stat. 1684, related to authority for carriers to establish rates, classifications, rules, and practices, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a). See sections 10702 and 15502 of this title.
§10703. Authority for rail carriers to establish through routes
Rail carriers providing transportation subject to the jurisdiction of the Board under this part shall establish through routes (including physical connections) with each other and with water carriers providing transportation subject to chapter 137, shall establish rates and classifications applicable to those routes, and shall establish rules for their operation and provide—
(1) reasonable facilities for operating the through route; and
(2) reasonable compensation to persons entitled to compensation for services related to the through route.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 810.)
Prior Provisions
A prior section 10703, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1372; Pub. L. 96–296, §22(a), (h), July 1, 1980, 94 Stat. 812, 814; Pub. L. 97–449, §5(g)(5), Jan. 12, 1983, 96 Stat. 2443; Pub. L. 98–216, §2(11), Feb. 14, 1984, 98 Stat. 5; Pub. L. 99–521, §7(a), Oct. 22, 1986, 100 Stat. 2994; Pub. L. 103–272, §5(m)(21), July 5, 1994, 108 Stat. 1377, related to authority for carriers to establish through routes, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a). See sections 10703 and 13705 of this title.
§10704. Authority and criteria: rates, classifications, rules, and practices prescribed by Board
(a)(1) When the Board, after a full hearing, decides that a rate charged or collected by a rail carrier for transportation subject to the jurisdiction of the Board under this part, or that a classification, rule, or practice of that carrier, does or will violate this part, the Board may prescribe the maximum rate, classification, rule, or practice to be followed. The Board may order the carrier to stop the violation. When a rate, classification, rule, or practice is prescribed under this subsection, the affected carrier may not publish, charge, or collect a different rate and shall adopt the classification and observe the rule or practice prescribed by the Board.
(2) The Board shall maintain and revise as necessary standards and procedures for establishing revenue levels for rail carriers providing transportation subject to its jurisdiction under this part that are adequate, under honest, economical, and efficient management, to cover total operating expenses, including depreciation and obsolescence, plus a reasonable and economic profit or return (or both) on capital employed in the business. The Board shall make an adequate and continuing effort to assist those carriers in attaining revenue levels prescribed under this paragraph. Revenue levels established under this paragraph should—
(A) provide a flow of net income plus depreciation adequate to support prudent capital outlays, assure the repayment of a reasonable level of debt, permit the raising of needed equity capital, and cover the effects of inflation; and
(B) attract and retain capital in amounts adequate to provide a sound transportation system in the United States.
(3) On the basis of the standards and procedures described in paragraph (2), the Board shall annually determine which rail carriers are earning adequate revenues.
(b) The Board may begin a proceeding under this section only on complaint. A complaint under subsection (a) of this section must be made under section 11701 of this title, but the proceeding may also be in extension of a complaint pending before the Board.
(c) In a proceeding to challenge the reasonableness of a rate, the Board shall make its determination as to the reasonableness of the challenged rate—
(1) within 9 months after the close of the administrative record if the determination is based upon a stand-alone cost presentation; or
(2) within 6 months after the close of the administrative record if the determination is based upon the methodology adopted by the Board pursuant to section 10701(d)(3).
(d) Within 9 months after January 1, 1996, the Board shall establish procedures to ensure expeditious handling of challenges to the reasonableness of railroad rates. The procedures shall include appropriate measures for avoiding delay in the discovery and evidentiary phases of such proceedings and exemption or revocation proceedings, including appropriate sanctions for such delay, and for ensuring prompt disposition of motions and interlocutory administrative appeals.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 810; amended Pub. L. 104–287, §5(23), Oct. 11, 1996, 110 Stat. 3390.)
Prior Provisions
A prior section 10704, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1373; Pub. L. 96–296, §13(b), July 1, 1980, 94 Stat. 803; Pub. L. 96–448, title II, §205(b), Oct. 14, 1980, 94 Stat. 1906; Pub. L. 97–261, §9(b), Sept. 20, 1982, 96 Stat. 1109; Pub. L. 99–521, §7(b), Oct. 22, 1986, 100 Stat. 2994, related to authority and criteria for rates, classifications, rules, and practices prescribed by Interstate Commerce Commission, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a). See sections 10704, 13701, and 15503 of this title.
Amendments
1996—Subsec. (d). Pub. L. 104–287 substituted “January 1, 1996” for “the effective date of the ICC Termination Act of 1995”.
§10705. Authority: through routes, joint classifications, rates, and divisions prescribed by Board
(a)(1) The Board may, and shall when it considers it desirable in the public interest, prescribe through routes, joint classifications, joint rates, the division of joint rates, and the conditions under which those routes must be operated, for a rail carrier providing transportation subject to the jurisdiction of the Board under this part.
(2) The Board may require a rail carrier to include in a through route substantially less than the entire length of its railroad and any intermediate railroad operated with it under common management or control if that intermediate railroad lies between the terminals of the through route only when—
(A) required under section 10741, 10742, or 11102 of this title;
(B) inclusion of those lines would make the through route unreasonably long when compared with a practicable alternative through route that could be established; or
(C) the Board decides that the proposed through route is needed to provide adequate, and more efficient or economic, transportation.
The Board shall give reasonable preference, subject to this subsection, to the rail carrier originating the traffic when prescribing through routes.
(b) The Board shall prescribe the division of joint rates to be received by a rail carrier providing transportation subject to its jurisdiction under this part when it decides that a division of joint rates established by the participating carriers under section 10703 of this title, or under a decision of the Board under subsection (a) of this section, does or will violate section 10701 of this title.
(c) If a division of a joint rate prescribed under a decision of the Board is later found to violate section 10701 of this title, the Board may decide what division would have been reasonable and order adjustment to be made retroactive to the date the complaint was filed, the date the order for an investigation was made, or a later date that the Board decides is justified. The Board may make a decision under this subsection effective as part of its original decision.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 811.)
Prior Provisions
Prior sections 10705 and 10705a were omitted in the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Section 10705, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1375; Pub. L. 96–296, §22(b)–(g), July 1, 1980, 94 Stat. 813; Pub. L. 96–448, title II, §218, Oct. 14, 1980, 94 Stat. 1925; Pub. L. 97–449, §5(g)(4), Jan. 12, 1983, 96 Stat. 2443, related to authority for through routes, joint classifications, rates, and divisions prescribed by Interstate Commerce Commission. See sections 10705 and 13701 of this title.
Section 10705a, added Pub. L. 96–448, title II, §217(a)(1), Oct. 14, 1980, 94 Stat. 1916; amended Pub. L. 103–272, §4(j)(20), July 5, 1994, 108 Stat. 1369, related to joint rate surcharges and cancellations.
§10706. Rate agreements: exemption from antitrust laws
(a)(1) In this subsection—
(A) the term “affiliate” means a person controlling, controlled by, or under common control or ownership with another person and “ownership” refers to equity holdings in a business entity of at least 5 percent;
(B) the term “single-line rate” refers to a rate or allowance proposed by a single rail carrier that is applicable only over its line and for which the transportation (exclusive of terminal services by switching, drayage or other terminal carriers or agencies) can be provided by that carrier; and
(C) the term “practicably participates in the movement” shall have such meaning as the Board shall by regulation prescribe.
(2)(A) A rail carrier providing transportation subject to the jurisdiction of the Board under this part that is a party to an agreement of at least 2 rail carriers that relates to rates (including charges between rail carriers and compensation paid or received for the use of facilities and equipment), classifications, divisions, or rules related to them, or procedures for joint consideration, initiation, publication, or establishment of them, shall apply to the Board for approval of that agreement under this subsection. The Board shall approve the agreement only when it finds that the making and carrying out of the agreement will further the transportation policy of section 10101 of this title and may require compliance with conditions necessary to make the agreement further that policy as a condition of its approval. If the Board approves the agreement, it may be made and carried out under its terms and under the conditions required by the Board, and the Sherman Act (15 U.S.C. 1, et seq.), the Clayton Act (15 U.S.C. 12, et seq.), the Federal Trade Commission Act (15 U.S.C. 41, et seq.), sections 73 and 74 of the Wilson Tariff Act (15 U.S.C. 8 and 9), and the Act of June 19, 1936 (15 U.S.C. 13, 13a, 13b, 21a) do not apply to parties and other persons with respect to making or carrying out the agreement. However, the Board may not approve or continue approval of an agreement when the conditions required by it are not met or if it does not receive a verified statement under subparagraph (B) of this paragraph.
(B) The Board may approve an agreement under subparagraph (A) of this paragraph only when the rail carriers applying for approval file a verified statement with the Board. Each statement must specify for each rail carrier that is a party to the agreement—
(i) the name of the carrier;
(ii) the mailing address and telephone number of its headquarter's office; and
(iii) the names of each of its affiliates and the names, addresses, and affiliates of each of its officers and directors and of each person, together with an affiliate, owning or controlling any debt, equity, or security interest in it having a value of at least $1,000,000.
(3)(A) An organization established or continued under an agreement approved under this subsection shall make a final disposition of a rule or rate docketed with it by the 120th day after the proposal is docketed. Such an organization may not—
(i) permit a rail carrier to discuss, to participate in agreements related to, or to vote on single-line rates proposed by another rail carrier, except that for purposes of general rate increases and broad changes in rates, classifications, rules, and practices only, if the Board finds at any time that the implementation of this clause is not feasible, it may delay or suspend such implementation in whole or in part;
(ii) permit a rail carrier to discuss, to participate in agreements related to, or to vote on rates related to a particular interline movement unless that rail carrier practicably participates in the movement; or
(iii) if there are interline movements over two or more routes between the same end points, permit a carrier to discuss, to participate in agreements related to, or to vote on rates except with a carrier which forms part of a particular single route. If the Board finds at any time that the implementation of this clause is not feasible, it may delay or suspend such implementation in whole or in part.
(B)(i) In any proceeding in which a party alleges that a rail carrier voted or agreed on a rate or allowance in violation of this subsection, that party has the burden of showing that the vote or agreement occurred. A showing of parallel behavior does not satisfy that burden by itself.
(ii) In any proceeding in which it is alleged that a carrier was a party to an agreement, conspiracy, or combination in violation of a Federal law cited in subsection (a)(2)(A) of this section or of any similar State law, proof of an agreement, conspiracy, or combination may not be inferred from evidence that two or more rail carriers acted together with respect to an interline rate or related matter and that a party to such action took similar action with respect to a rate or related matter on another route or traffic. In any proceeding in which such a violation is alleged, evidence of a discussion or agreement between or among such rail carrier and one or more other rail carriers, or of any rate or other action resulting from such discussion or agreement, shall not be admissible if the discussion or agreement—
(I) was in accordance with an agreement approved under paragraph (2) of this subsection; or
(II) concerned an interline movement of the rail carrier, and the discussion or agreement would not, considered by itself, violate the laws referred to in the first sentence of this clause.
In any proceeding before a jury, the court shall determine whether the requirements of subclause (I) or (II) are satisfied before allowing the introduction of any such evidence.
(C) An organization described in subparagraph (A) of this paragraph shall provide that transcripts or sound recordings be made of all meetings, that records of votes be made, and that such transcripts or recordings and voting records be submitted to the Board and made available to other Federal agencies in connection with their statutory responsibilities over rate bureaus, except that such material shall be kept confidential and shall not be subject to disclosure under section 552 of title 5, United States Code.
(4) Notwithstanding any other provision of this subsection, one or more rail carriers may enter into an agreement, without obtaining prior Board approval, that provides solely for compilation, publication, and other distribution of rates in effect or to become effective. The Sherman Act (15 U.S.C. 1 et seq.), the Clayton Act (15 U.S.C. 12 et seq.), the Federal Trade Commission Act (15 U.S.C. 41 et seq.), sections 73 and 74 of the Wilson Tariff Act (15 U.S.C. 8 and 9), and the Act of June 19, 1936 (15 U.S.C. 13, 13a, 13b, 21a) shall not apply to parties and other persons with respect to making or carrying out such agreement. However, the Board may, upon application or on its own initiative, investigate whether the parties to such an agreement have exceeded its scope, and upon a finding that they have, the Board may issue such orders as are necessary, including an order dissolving the agreement, to ensure that actions taken pursuant to the agreement are limited as provided in this paragraph.
(5)(A) Whenever two or more shippers enter into an agreement to discuss among themselves that relates to the amount of compensation such shippers propose to be paid by rail carriers providing transportation subject to the jurisdiction of the Board under this part, for use by such rail carriers of rolling stock owned or leased by such shippers, the shippers shall apply to the Board for approval of that agreement under this paragraph. The Board shall approve the agreement only when it finds that the making and carrying out of the agreement will further the transportation policy set forth in section 10101 of this title and may require compliance with conditions necessary to make the agreement further that policy as a condition of approval. If the Board approves the agreement, it may be made and carried out under its terms and under the terms required by the Board, and the antitrust laws set forth in paragraph (2) of this subsection do not apply to parties and other persons with respect to making or carrying out the agreement. The Board shall approve or disapprove an agreement under this paragraph within one year after the date application for approval of such agreement is made.
(B) If the Board approves an agreement described in subparagraph (A) of this paragraph and the shippers entering into such agreement and the rail carriers proposing to use rolling stock owned or leased by such shippers, under payment by such carriers or under a published allowance, are unable to agree upon the amount of compensation to be paid for the use of such rolling stock, any party directly involved in the negotiations may require that the matter be settled by submitting the issues in dispute to the Board. The Board shall render a binding decision, based upon a standard of reasonableness and after taking into consideration any past precedents on the subject matter of the negotiations, no later than 90 days after the date of the submission of the dispute to the Board.
(C) Nothing in this paragraph shall be construed to change the law in effect prior to October 1, 1980, with respect to the obligation of rail carriers to utilize rolling stock owned or leased by shippers.
(b) The Board may require an organization established or continued under an agreement approved under this section to maintain records and submit reports. The Board may inspect a record maintained under this section.
(c) The Board may review an agreement approved under subsection (a) of this section and shall change the conditions of approval or terminate it when necessary to comply with the public interest and subsection (a). The Board shall postpone the effective date of a change of an agreement under this subsection for whatever period it determines to be reasonably necessary to avoid unreasonable hardship.
(d) The Board may begin a proceeding under this section on its own initiative or on application. Action of the Board under this section—
(1) approving an agreement;
(2) denying, ending, or changing approval;
(3) prescribing the conditions on which approval is granted; or
(4) changing those conditions,
has effect only as related to application of the antitrust laws referred to in subsection (a) of this section.
(e)(1) The Federal Trade Commission, in consultation with the Antitrust Division of the Department of Justice, shall prepare periodically an assessment of, and shall report to the Board on—
(A) possible anticompetitive features of—
(i) agreements approved or submitted for approval under subsection (a) of this section; and
(ii) an organization operating under those agreements; and
(B) possible ways to alleviate or end an anticompetitive feature, effect, or aspect in a manner that will further the goals of this part and of the transportation policy of section 10101 of this title.
(2) Reports received by the Board under this subsection shall be published and made available to the public under section 552(a) of title 5.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 812; amended Pub. L. 104–287, §5(24), Oct. 11, 1996, 110 Stat. 3390.)
References in Text
The Sherman Act, referred to in subsec. (a)(2)(A), (4), is act July 2, 1890, ch. 647, 26 Stat. 209, as amended, which is classified to sections 1 to 7 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 1 of Title 15 and Tables.
The Clayton Act, referred to in subsec. (a)(2)(A), (4), is act Oct. 15, 1914, ch. 323, 38 Stat. 730, as amended, which is classified generally to sections 12, 13, 14 to 19, 21, and 22 to 27 of Title 15 and sections 52 and 53 of Title 29, Labor. For further details and complete classification of this Act to the Code, see References in Text note set out under section 12 of Title 15 and Tables.
The Federal Trade Commission Act, referred to in subsec. (a)(2)(A), (4), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is classified generally to subchapter I (§41 et seq.) of chapter 2 of Title 15. For complete classification of this Act to the Code, see section 58 of Title 15 and Tables.
Sections 73 and 74 of the Wilson Tariff Act, referred to in subsec. (a)(2)(A), (4), are sections 73 and 74 of act Aug. 27, 1894, ch. 349, 28 Stat. 570, which enacted sections 8 and 9, respectively, of Title 15.
Act of June 19, 1936, referred to in subsec. (a)(2)(A), (4), is act June 19, 1936, ch. 592, 49 Stat. 1526, popularly known as the Robinson-Patman Anti-discrimination Act and also as the Robinson-Patman Price Discrimination Act, which enacted sections 13a, 13b, and 21a of Title 15 and amended section 13 of Title 15. For complete classification of this Act to the Code, see Short Title note set out under section 13 of Title 15 and Tables.
Prior Provisions
A prior section 10706, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1377; Pub. L. 96–258, §1(7), June 3, 1980, 94 Stat. 426; Pub. L. 96–296, §14(a), (c), (d), July 1, 1980, 94 Stat. 803, 808; Pub. L. 96–448, title II, §219(a)–(e), 224(b), Oct. 14, 1980, 94 Stat. 1926–1929; Pub. L. 97–261, §10(a)–(d), Sept. 20, 1982, 96 Stat. 1109, 1110; Pub. L. 98–216, §2(12), Feb. 14, 1984, 98 Stat. 5; Pub. L. 99–521, §7(c), Oct. 22, 1986, 100 Stat. 2995, related to exemption from antitrust laws of rate agreements, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a). See sections 10706 and 13703 of this title.
Amendments
1996—Subsec. (a)(5)(C). Pub. L. 104–287 substituted “October 1, 1980,” for “the effective date of the Staggers Rail Act of 1980”.
§10707. Determination of market dominance in rail rate proceedings
(a) In this section, “market dominance” means an absence of effective competition from other rail carriers or modes of transportation for the transportation to which a rate applies.
(b) When a rate for transportation by a rail carrier providing transportation subject to the jurisdiction of the Board under this part is challenged as being unreasonably high, the Board shall determine whether the rail carrier proposing the rate has market dominance over the transportation to which the rate applies. The Board may make that determination on its own initiative or on complaint. A finding by the Board that the rail carrier does not have market dominance is determinative in a proceeding under this part related to that rate or transportation unless changed or set aside by the Board or set aside by a court of competent jurisdiction.
(c) When the Board finds in any proceeding that a rail carrier proposing or defending a rate for transportation has market dominance over the transportation to which the rate applies, it may then determine that rate to be unreasonable if it exceeds a reasonable maximum for that transportation. However, a finding of market dominance does not establish a presumption that the proposed rate exceeds a reasonable maximum.
(d)(1)(A) In making a determination under this section, the Board shall find that the rail carrier establishing the challenged rate does not have market dominance over the transportation to which the rate applies if such rail carrier proves that the rate charged results in a revenue-variable cost percentage for such transportation that is less than 180 percent.
(B) For purposes of this section, variable costs for a rail carrier shall be determined only by using such carrier's unadjusted costs, calculated using the Uniform Rail Costing System cost finding methodology (or an alternative methodology adopted by the Board in lieu thereof) and indexed quarterly to account for current wage and price levels in the region in which the carrier operates, with adjustments specified by the Board. A rail carrier may meet its burden of proof under this subsection by establishing its variable costs in accordance with this paragraph, but a shipper may rebut that showing by evidence of such type, and in accordance with such burden of proof, as the Board shall prescribe.
(2) A finding by the Board that a rate charged by a rail carrier results in a revenue-variable cost percentage for the transportation to which the rate applies that is equal to or greater than 180 percent does not establish a presumption that—
(A) such rail carrier has or does not have market dominance over such transportation; or
(B) the proposed rate exceeds or does not exceed a reasonable maximum.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 815.)
Prior Provisions
Provisions similar to those in this section were contained in section 10709 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Prior sections 10707 and 10707a were omitted in the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Section 10707, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1380; Pub. L. 96–448, title II, §207, Oct. 14, 1980, 94 Stat. 1907; Pub. L. 103–272, §4(j)(21), July 5, 1994, 108 Stat. 1369, related to investigation and suspension of new rail carrier rates, classifications, rules, and practices.
Section 10707a, added Pub. L. 96–448, title II, §203(a), Oct. 14, 1980, 94 Stat. 1901; amended Pub. L. 103–272, §4(j)(22), July 5, 1994, 108 Stat. 1369, related to zone of rail carrier flexibility.
§10708. Rail cost adjustment factor
(a) The Board shall, as often as practicable, but in no event less often than quarterly, publish a rail cost adjustment factor which shall be a fraction, the numerator of which is the latest published Index of Railroad Costs (which index shall be compiled or verified by the Board, with appropriate adjustments to reflect the change in composition of railroad costs, including the quality and mix of material and labor) and the denominator of which is the same index for the fourth quarter of every fifth year, beginning with the fourth quarter of 1992.
(b) The rail cost adjustment factor published by the Board under subsection (a) of this section shall take into account changes in railroad productivity. The Board shall also publish a similar index that does not take into account changes in railroad productivity.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 816.)
Prior Provisions
Provisions similar to those in this section were contained in section 10712 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
A prior section 10708, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1382; Pub. L. 96–296, §11, July 1, 1980, 94 Stat. 801; Pub. L. 97–261, §§11, 12(a), Sept. 20, 1982, 96 Stat. 1112, 1113; Pub. L. 99–521, §7(d), Oct. 22, 1986, 100 Stat. 2995, related to investigation and suspension of new nonrail carrier rates, classifications, rules, and practices, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
§10709. Contracts
(a) One or more rail carriers providing transportation subject to the jurisdiction of the Board under this part may enter into a contract with one or more purchasers of rail services to provide specified services under specified rates and conditions.
(b) A party to a contract entered into under this section shall have no duty in connection with services provided under such contract other than those duties specified by the terms of the contract.
(c)(1) A contract that is authorized by this section, and transportation under such contract, shall not be subject to this part, and may not be subsequently challenged before the Board or in any court on the grounds that such contract violates a provision of this part.
(2) The exclusive remedy for any alleged breach of a contract entered into under this section shall be an action in an appropriate State court or United States district court, unless the parties otherwise agree. This section does not confer original jurisdiction on the district courts of the United States based on section 1331 or 1337 of title 28, United States Code.
(d)(1) A summary of each contract for the transportation of agricultural products (including grain, as defined in section 3 of the United States Grain Standards Act (7 U.S.C. 75) and products thereof) entered into under this section shall be filed with the Board, containing such nonconfidential information as the Board prescribes. The Board shall publish special rules for such contracts in order to ensure that the essential terms of the contract are available to the general public.
(2) Documents, papers, and records (and any copies thereof) relating to a contract described in subsection (a) shall not be subject to the mandatory disclosure requirements of section 552 of title 5.
(e) Any lawful contract between a rail carrier and one or more purchasers of rail service that was in effect on October 1, 1980, shall be considered a contract authorized by this section.
(f) A rail carrier that enters into a contract as authorized by this section remains subject to the common carrier obligation set forth in section 11101, with respect to rail transportation not provided under such a contract.
(g)(1) No later than 30 days after the date of filing of a summary of a contract under this section, the Board may, on complaint, begin a proceeding to review such contract on the grounds described in this subsection.
(2)(A) A complaint may be filed under this subsection—
(i) by a shipper on the grounds that such shipper individually will be harmed because the proposed contract unduly impairs the ability of the contracting rail carrier or carriers to meet their common carrier obligations to the complainant under section 11101 of this title; or
(ii) by a port only on the grounds that such port individually will be harmed because the proposed contract will result in unreasonable discrimination against such port.
(B) In addition to the grounds for a complaint described in subparagraph (A) of this paragraph, a complaint may be filed by a shipper of agricultural commodities on the grounds that such shipper individually will be harmed because—
(i) the rail carrier has unreasonably discriminated by refusing to enter into a contract with such shipper for rates and services for the transportation of the same type of commodity under similar conditions to the contract at issue, and that shipper was ready, willing, and able to enter into such a contract at a time essentially contemporaneous with the period during which the contract at issue was offered; or
(ii) the proposed contract constitutes a destructive competitive practice under this part.
In making a determination under clause (ii) of this subparagraph, the Board shall consider the difference between contract rates and published single car rates.
(C) For purposes of this paragraph, the term “unreasonable discrimination” has the same meaning as such term has under section 10741 of this title.
(3)(A) Within 30 days after the date a proceeding is commenced under paragraph (1) of this subsection, or within such shorter time period after such date as the Board may establish, the Board shall determine whether the contract that is the subject of such proceeding is in violation of this section.
(B) If the Board determines, on the basis of a complaint filed under paragraph (2)(B)(i) of this subsection, that the grounds for a complaint described in such paragraph have been established with respect to a rail carrier, the Board shall, subject to the provisions of this section, order such rail carrier to provide rates and service substantially similar to the contract at issue with such differentials in terms and conditions as are justified by the evidence.
(h)(1) Any rail carrier may, in accordance with the terms of this section, enter into contracts for the transportation of agricultural commodities (including forest products, but not including wood pulp, wood chips, pulpwood or paper) involving the utilization of carrier owned or leased equipment not in excess of 40 percent of the capacity of such carrier's owned or leased equipment by major car type (plain boxcars, covered hopper cars, gondolas and open top hoppers, coal cars, bulkhead flatcars, pulpwood rackcars, and flatbed equipment, including TOFC/COFC).
(2) The Board may, on request of a rail carrier or other party or on its own initiative, grant such relief from the limitations of paragraph (1) of this subsection as the Board considers appropriate, if it appears that additional equipment may be made available without impairing the rail carrier's ability to meet its common carrier obligations under section 11101 of this title.
(3)(A) This subsection shall cease to be effective after September 30, 1998.
(B) Before October 1, 1997, the National Grain Car Council and the Railroad-Shipper Transportation Advisory Council shall make recommendations to Congress on whether to extend the effectiveness of or otherwise modify this subsection.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 817; amended Pub. L. 104–287, §5(24), Oct. 11, 1996, 110 Stat. 3390.)
Prior Provisions
Provisions similar to those in this section were contained in section 10713 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Prior sections 10709 to 10713 were omitted in the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Section 10709, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1382; Pub. L. 96–448, title II, §202, Oct. 14, 1980, 94 Stat. 1900, related to determination of market dominance in rail carrier rate proceedings. See section 10707 of this title.
Section 10710, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1383, related to elimination of discrimination against recyclable materials.
Section 10711, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1383, related to effect of former sections 10701(a), (b), 10707, 10709, 10727, and 10728 of this title on rail rates and practices.
Section 10712, added Pub. L. 96–448, title II, §206(a), Oct. 14, 1980, 94 Stat. 1906, related to inflation-based rate increases.
Section 10713, added Pub. L. 96–448, title II, §208(a), Oct. 14, 1980, 94 Stat. 1908; amended Pub. L. 97–468, title V, §502, Jan. 14, 1983, 96 Stat. 2552; Pub. L. 99–509, title IV, §4051, Oct. 21, 1986, 100 Stat. 1910, related to contracts between rail carriers and purchasers of rail services. See section 10709 of this title.
Amendments
1996—Subsec. (e). Pub. L. 104–287 substituted “October 1, 1980,” for “the effective date of the Staggers Rail Act of 1980”.
SUBCHAPTER II—SPECIAL CIRCUMSTANCES
§10721. Government traffic
A rail carrier providing transportation or service for the United States Government may transport property or individuals for the United States Government without charge or at a rate reduced from the applicable commercial rate. Section 3709 of the Revised Statutes (41 U.S.C. 5) does not apply when transportation for the United States Government can be obtained from a rail carrier lawfully operating in the area where the transportation would be provided.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 819.)
Prior Provisions
A prior section 10721, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1383; Pub. L. 96–454, §10(b), Oct. 15, 1980, 94 Stat. 2022; Pub. L. 103–272, §5(m)(22), July 5, 1994, 108 Stat. 1378, related to Government traffic, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a). See sections 10721, 13712, and 15504 of this title.
§10722. Car utilization
In order to encourage more efficient use of freight cars, notwithstanding any other provision of this part, rail carriers shall be permitted to establish premium charges for special services or special levels of services not otherwise applicable to the movement. The Board shall facilitate development of such charges so as to increase the utilization of equipment.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 819.)
Prior Provisions
Provisions similar to those in this section were contained in section 10734 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Prior sections 10722 to 10726 were omitted in the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Section 10722, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1384; Pub. L. 97–261, §29(a), (b), Sept. 20, 1982, 96 Stat. 1128; Pub. L. 99–521, §7(e), Oct. 22, 1986, 100 Stat. 2995, related to special passenger rates.
Section 10723, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1385; Pub. L. 97–261, §29(c), Sept. 20, 1982, 96 Stat. 1128; Pub. L. 102–54, §13(s), June 13, 1991, 105 Stat. 282; Pub. L. 102–240, title IV, §4011, Dec. 18, 1991, 105 Stat. 2156, related to transportation for charitable purposes.
Section 10724, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1386, related to rates for emergency transportation.
Section 10725, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1387; Pub. L. 99–521, §7(f), Oct. 22, 1986, 100 Stat. 2995, related to special freight forwarder rates.
Section 10726, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1387; Pub. L. 96–448, title II, §220, Oct. 14, 1980, 94 Stat. 1928, related to long and short haul transportation.
A prior section 10727, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1388, authorized the Interstate Commerce Commission to maintain standards and procedures to permit seasonal, regional, or peak-period demand rates and required the Commission to submit an annual report to Congress on implementation of those rates and recommendations for additional legislation needed to make it easier to establish those rates, prior to repeal by Pub. L. 96–448, title II, §209, title VII, §710(a), Oct. 14, 1980, 94 Stat. 1910, 1966, effective Oct. 1, 1980.
A prior section 10728, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1388, related to separate rates for distinct rail services, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
A prior section 10729, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1389, authorized rail carrier to establish rate, classification, rule, or practice requiring total capital investment of at least $1,000,000 to implement upon notice to Interstate Commerce Commission and opportunity for Commission proceeding and final decision within 180 days after notice and provided that Commission could not suspend or set aside any rate that became final for period of five years but could revise rate to level equal to variable costs of providing transportation when Commission found level then in effect reduced going concern of carrier, prior to repeal by Pub. L. 96–448, title II, §210(a), title VII, §710(a), Oct. 14, 1980, 94 Stat. 1910, 1966, effective Oct. 1, 1980.
Prior sections 10730 to 10735 were omitted in the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Section 10730, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1389; Pub. L. 96–296, §12, July 1, 1980, 94 Stat. 802; Pub. L. 96–448, title II, §211(a), (b), Oct. 14, 1980, 94 Stat. 1911; Pub. L. 99–521, §7(g), Oct. 22, 1986, 100 Stat. 2995, related to rates and liability based on value.
Section 10731, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1389; Pub. L. 96–448, title II, §204, Oct. 14, 1980, 94 Stat. 1905; Pub. L. 103–272, §4(j)(23), July 5, 1994, 108 Stat. 1369, related to investigation of discriminatory rail rates for transportation of recyclable or recycled materials.
Section 10732, added Pub. L. 96–296, §8(a), July 1, 1980, 94 Stat. 798; amended Pub. L. 100–690, title IX, §9113, Nov. 18, 1988, 102 Stat. 4535, related to food and grocery transportation. See section 13713 of this title.
Section 10733, added Pub. L. 96–296, §32(a), July 1, 1980, 94 Stat. 824, related to rates for transportation of recyclable materials.
Section 10734, added Pub. L. 96–448, title II, §225(a), Oct. 14, 1980, 94 Stat. 1930, related to car utilization. See section 10722 of this title.
Another prior section 10734 was renumbered section 10735 of this title.
Section 10735, added Pub. L. 96–454, §4(a), Oct. 15, 1980, 94 Stat. 2012, §10734; renumbered §10735, Pub. L. 98–554, title II, §227(b)(1), Oct. 30, 1984, 98 Stat. 2852; amended Pub. L. 103–272, §5(m)(23), July 5, 1994, 108 Stat. 1378, related to household goods rates, estimates, and guarantees of service. See section 13704 of this title.
SUBCHAPTER III—LIMITATIONS
§10741. Prohibitions against discrimination by rail carriers
(a)(1) A rail carrier providing transportation or service subject to the jurisdiction of the Board under this part may not subject a person, place, port, or type of traffic to unreasonable discrimination.
(2) For purposes of this section, a rail carrier engages in unreasonable discrimination when it charges or receives from a person a different compensation for a service rendered, or to be rendered, in transportation the rail carrier may perform under this part than it charges or receives from another person for performing a like and contemporaneous service in the transportation of a like kind of traffic under substantially similar circumstances.
(b) This section shall not apply to—
(1) contracts described in section 10709 of this title;
(2) rail rates applicable to different routes; or
(3) discrimination against the traffic of another carrier providing transportation by any mode.
(c) Differences between rates, classifications, rules, and practices of rail carriers do not constitute a violation of this section if such differences result from different services provided by rail carriers.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 819.)
Prior Provisions
A prior section 10741, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1390; Pub. L. 96–296, §33(d), July 1, 1980, 94 Stat. 825; Pub. L. 96–448, title II, §212, Oct. 14, 1980, 94 Stat. 1912; Pub. L. 99–521, §7(h), Oct. 22, 1986, 100 Stat. 2995, related to prohibitions against discrimination by common carriers, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a). See sections 10741 and 15505 of this title.
§10742. Facilities for interchange of traffic
A rail carrier providing transportation subject to the jurisdiction of the Board under this part shall provide reasonable, proper, and equal facilities that are within its power to provide for the interchange of traffic between, and for the receiving, forwarding, and delivering of passengers and property to and from, its respective line and a connecting line of another rail carrier or of a water carrier providing transportation subject to chapter 137.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 819.)
Prior Provisions
A prior section 10742, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1391, related to facilities for interchange of traffic, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a). See sections 10742 and 15506 of this title.
§10743. Liability for payment of rates
(a)(1) Liability for payment of rates for transportation for a shipment of property by a shipper or consignor to a consignee other than the shipper or consignor, is determined under this subsection when the transportation is provided by a rail carrier under this part. When the shipper or consignor instructs the rail carrier transporting the property to deliver it to a consignee that is an agent only, not having beneficial title to the property, the consignee is liable for rates billed at the time of delivery for which the consignee is otherwise liable, but not for additional rates that may be found to be due after delivery if the consignee gives written notice to the delivering carrier before delivery of the property—
(A) of the agency and absence of beneficial title; and
(B) of the name and address of the beneficial owner of the property if it is reconsigned or diverted to a place other than the place specified in the original bill of lading.
(2) When the consignee is liable only for rates billed at the time of delivery under paragraph (1) of this subsection, the shipper or consignor, or, if the property is reconsigned or diverted, the beneficial owner, is liable for those additional rates regardless of the bill of lading or contract under which the property was transported. The beneficial owner is liable for all rates when the property is reconsigned or diverted by an agent but is refused or abandoned at its ultimate destination if the agent gave the rail carrier in the reconsignment or diversion order a notice of agency and the name and address of the beneficial owner. A consignee giving the rail carrier, and a reconsignor or diverter giving a rail carrier, erroneous information about the identity of the beneficial owner of the property is liable for the additional rates.
(b) Liability for payment of rates for transportation for a shipment of property by a shipper or consignor, named in the bill of lading as consignee, is determined under this subsection when the transportation is provided by a rail carrier under this part. When the shipper or consignor gives written notice, before delivery of the property, to the line-haul rail carrier that is to make ultimate delivery—
(1) to deliver the property to another party identified by the shipper or consignor as the beneficial owner of the property; and
(2) that delivery is to be made to that party on payment of all applicable transportation rates;
that party is liable for the rates billed at the time of delivery and for additional rates that may be found to be due after delivery if that party does not pay the rates required to be paid under paragraph (2) of this subsection on delivery. However, if the party gives written notice to the delivering rail carrier before delivery that the party is not the beneficial owner of the property and gives the rail carrier the name and address of the beneficial owner, then the party is not liable for those additional rates. A shipper, consignor, or party to whom delivery is made that gives the delivering rail carrier erroneous information about the identity of the beneficial owner, is liable for the additional rates regardless of the bill of lading or contract under which the property was transported. This subsection does not apply to a prepaid shipment of property.
(c)(1) A rail carrier may bring an action to enforce liability under subsection (a) of this section. That rail carrier must bring the action during the period provided in section 11705(a) of this title or by the end of the 6th month after final judgment against it in an action against the consignee, or the beneficial owner named by the consignee or agent, under that section.
(2) A rail carrier may bring an action to enforce liability under subsection (b) of this section. That carrier must bring the action during the period provided in section 11705(a) of this title or by the end of the 6th month after final judgment against it in an action against the shipper, consignor, or other party under that section.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 819.)
Prior Provisions
Provisions similar to those in this section were contained in section 10744 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
A prior section 10743, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1391; Pub. L. 99–521, §7(i), Oct. 22, 1986, 100 Stat. 2995, related to payment of rates, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a). See section 13707 of this title.
§10744. Continuous carriage of freight
A rail carrier providing transportation or service subject to the jurisdiction of the Board under this part may not enter a combination or arrangement to prevent the carriage of freight from being continuous from the place of shipment to the place of destination whether by change of time schedule, carriage in different cars, or by other means. The carriage of freight by those rail carriers is considered to be a continuous carriage from the place of shipment to the place of destination when a break of bulk, stoppage, or interruption is not made in good faith for a necessary purpose, and with the intent of avoiding or unnecessarily interrupting the continuous carriage or of evading this part.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 821.)
Prior Provisions
Provisions similar to those in this section were contained in section 10745 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
A prior section 10744, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1391, related to liability for payment of rates, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a). See sections 10743 and 13706 of this title.
§10745. Transportation services or facilities furnished by shipper
A rail carrier providing transportation or service subject to the jurisdiction of the Board under this part may establish a charge or allowance for transportation or service for property when the owner of the property, directly or indirectly, furnishes a service related to or an instrumentality used in the transportation or service. The Board may prescribe the maximum reasonable charge or allowance a rail carrier subject to its jurisdiction may pay for a service or instrumentality furnished under this section. The Board may begin a proceeding under this section on its own initiative or on application.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 821.)
Prior Provisions
Provisions similar to those in this section were contained in section 10747 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
A prior section 10745, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1392, related to continuous carriage of freight, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a). See section 10744 of this title.
§10746. Demurrage charges
A rail carrier providing transportation subject to the jurisdiction of the Board under this part shall compute demurrage charges, and establish rules related to those charges, in a way that fulfills the national needs related to—
(1) freight car use and distribution; and
(2) maintenance of an adequate supply of freight cars to be available for transportation of property.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 821.)
Prior Provisions
Provisions similar to those in this section were contained in section 10750 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
A prior section 10746, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1393, related to transportation of commodities manufactured or produced by rail carrier, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
§10747. Designation of certain routes by shippers
(a)(1) When a person delivers property to a rail carrier for transportation subject to the jurisdiction of the Board under this part, the person may direct the rail carrier to transport the property over an established through route. When competing rail lines constitute a part of the route, the person shipping the property may designate the lines over which the property will be transported. The designation must be in writing. A rail carrier may be directed to transport property over a particular through route when—
(A) there are at least 2 through routes over which the property could be transported;
(B) a through rate has been established for transportation over each of those through routes; and
(C) the rail carrier is a party to those routes and rates.
(2) A rail carrier directed to route property transported under paragraph (1) of this subsection must issue a through bill of lading containing the routing instructions and transport the property according to the instructions. When the property is delivered to a connecting rail carrier, that rail carrier must also receive and transport it according to the routing instructions and deliver it to the next succeeding rail carrier or consignee according to the instructions.
(b) The Board may prescribe exceptions to the authority of a person to direct the movement of traffic under subsection (a) of this section.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 821.)
Prior Provisions
Provisions similar to those in this section were contained in section 10763 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Prior sections 10747 to 10751, 10761 to 10767, and 10781 to 10786 were omitted in the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Section 10747, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1393, related to transportation services or facilities furnished by shippers. See section 10745 of this title.
Section 10748, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1393, related to transportation of livestock by rail carrier.
Section 10749, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1393; Pub. L. 96–296, §10(c), July 1, 1980, 94 Stat. 800; Pub. L. 97–468, title VI, §615(b)(3), Jan. 14, 1983, 96 Stat. 2578; Pub. L. 98–216, §2(13), Feb. 14, 1984, 98 Stat. 5; Pub. L. 99–521, §7(j)(1), (2), Oct. 22, 1986, 100 Stat. 2995; Pub. L. 103–272, §4(j)(24), July 5, 1994, 108 Stat. 1369, related to exchange of services and limitation on use of common carriers by household goods freight forwarders.
Section 10750, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1394, related to demurrage charges. See section 10746 of this title.
Section 10751, added Pub. L. 96–296, §33(a), July 1, 1980, 94 Stat. 824; amended Pub. L. 96–448, title II, §215(a), Oct. 14, 1980, 94 Stat. 1915; Pub. L. 103–272, §4(j)(25), July 5, 1994, 108 Stat. 1369, related to business entertainment expenses. See section 14901 of this title.
Section 10761, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1394; Pub. L. 96–296, §33(c), July 1, 1980, 94 Stat. 825; Pub. L. 103–311, title II, §206(b), Aug. 26, 1994, 108 Stat. 1684, related to prohibition of transportation without tariff. See section 13702 of this title.
Section 10762, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1394; Pub. L. 96–296, §5(c), July 1, 1980, 94 Stat. 796; Pub. L. 96–448, title II, §216, Oct. 14, 1980, 94 Stat. 1915; Pub. L. 97–261, §12(b), Sept. 20, 1982, 96 Stat. 1113; Pub. L. 99–521, §7(k), Oct. 22, 1986, 100 Stat. 2995; Pub. L. 103–180, §5, Dec. 3, 1993, 107 Stat. 2050; Pub. L. 103–311, title II, §206(c)–(e), Aug. 26, 1994, 108 Stat. 1684, 1685, related to general tariff requirements. See sections 13702 and 13710 of this title.
Section 10763, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1396, related to designation of certain routes by shippers or Interstate Commerce Commission. See section 10747 of this title.
Section 10764, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1397, related to arrangements between carriers and required copies of arrangements to be filed with Commission.
Section 10765, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1397, related to water transportation under arrangements with certain other carriers.
Section 10766, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1398; Pub. L. 96–296, §10(d), July 1, 1980, 94 Stat. 801; Pub. L. 99–521, §7(l), Oct. 22, 1986, 100 Stat. 2995, related to freight forwarder traffic agreements.
Section 10767, added Pub. L. 103–180, §7(a), Dec. 3, 1993, 107 Stat. 2051, related to billing and collecting practices. See section 13708 of this title.
Section 10781, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1398, related to investigations and reports by Commission on value of carrier property.
Section 10782, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1399, related to requirements for establishing value.
Section 10783, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1400, related to cooperation and assistance of carriers.
Section 10784, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1400; Pub. L. 96–258, §1(8), June 3, 1980, 94 Stat. 426, related to revision of property valuations.
Section 10785, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1401, related to finality of valuations, notices, protests, and review.
Section 10786, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1401, related to applicability of sections 10781 to 10786 of this title.
CHAPTER 109—LICENSING
§10901. Authorizing construction and operation of railroad lines
(a) A person may—
(1) construct an extension to any of its railroad lines;
(2) construct an additional railroad line;
(3) provide transportation over, or by means of, an extended or additional railroad line; or
(4) in the case of a person other than a rail carrier, acquire a railroad line or acquire or operate an extended or additional railroad line,
only if the Board issues a certificate authorizing such activity under subsection (c).
(b) A proceeding to grant authority under subsection (a) of this section begins when an application is filed. On receiving the application, the Board shall give reasonable public notice, including notice to the Governor of any affected State, of the beginning of such proceeding.
(c) The Board shall issue a certificate authorizing activities for which such authority is requested in an application filed under subsection (b) unless the Board finds that such activities are inconsistent with the public convenience and necessity. Such certificate may approve the application as filed, or with modifications, and may require compliance with conditions (other than labor protection conditions) the Board finds necessary in the public interest.
(d)(1) When a certificate has been issued by the Board under this section authorizing the construction or extension of a railroad line, no other rail carrier may block any construction or extension authorized by such certificate by refusing to permit the carrier to cross its property if—
(A) the construction does not unreasonably interfere with the operation of the crossed line;
(B) the operation does not materially interfere with the operation of the crossed line; and
(C) the owner of the crossing line compensates the owner of the crossed line.
(2) If the parties are unable to agree on the terms of operation or the amount of payment for purposes of paragraph (1) of this subsection, either party may submit the matters in dispute to the Board for determination. The Board shall make a determination under this paragraph within 120 days after the dispute is submitted for determination.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 822.)
Prior Provisions
A prior section 10901, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1402; Pub. L. 96–448, title II, §221, Oct. 14, 1980, 94 Stat. 1928, related to authorizing construction and operation of railroad lines, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Effective Date
Chapter effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 701 of this title.
§10902. Short line purchases by Class II and Class III rail carriers
(a) A Class II or Class III rail carrier providing transportation subject to the jurisdiction of the Board under this part may acquire or operate an extended or additional rail line under this section only if the Board issues a certificate authorizing such activity under subsection (c).
(b) A proceeding to grant authority under subsection (a) of this section begins when an application is filed. On receiving the application, the Board shall give reasonable public notice of the beginning of such proceeding.
(c) The Board shall issue a certificate authorizing activities for which such authority is requested in an application filed under subsection (b) unless the Board finds that such activities are inconsistent with the public convenience and necessity. Such certificate may approve the application as filed, or with modifications, and may require compliance with conditions (other than labor protection conditions) the Board finds necessary in the public interest.
(d) The Board shall require any Class II rail carrier which receives a certificate under subsection (c) of this section to provide a fair and equitable arrangement for the protection of the interests of employees who may be affected thereby. The arrangement shall consist exclusively of one year of severance pay, which shall not exceed the amount of earnings from railroad employment of the employee during the 12-month period immediately preceding the date on which the application for such certificate is filed with the Board. The amount of such severance pay shall be reduced by the amount of earnings from railroad employment of the employee with the acquiring carrier during the 12-month period immediately following the effective date of the transaction to which the certificate applies. The parties may agree to terms other than as provided in this subsection. The Board shall not require such an arrangement from a Class III rail carrier which receives a certificate under subsection (c) of this section.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 823.)
Prior Provisions
A prior section 10902, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1403, related to authorizing action by rail carriers to provide adequate, efficient, and safe facilities.
§10903. Filing and procedure for application to abandon or discontinue
(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, (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, 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 each portion of a railroad line proposed to be abandoned or over which all transportation is to be discontinued;
(C) publish a copy of the notice for 3 consecutive weeks in a newspaper of general circulation in each county in which each such portion is located;
(D) mail a copy of the notice, to the extent practicable, to all shippers that have made significant use (as designated by the Board) of the railroad line during the 12 months preceding the filing of the application; and
(E) attach to the application filed with the Board an affidavit certifying the manner in which subparagraphs (A) through (D) of this paragraph have been satisfied, and certifying that subparagraphs (A) through (D) have been satisfied within the most recent 30 days prior to the date the application is filed.
(b)(1) Except as provided in subsection (d), abandonment and discontinuance may occur as provided in section 10904.
(2) The Board shall require as a condition of any abandonment or discontinuance under this section provisions to protect the interests of employees. The provisions shall be at least as beneficial to those interests as the provisions established under sections 11326(a) and 24706(c) 1 of this title.
(c)(1) In this subsection, the term “potentially subject to abandonment” has the meaning given the term in regulations of the Board. The regulations may include standards that vary by region of the United States and by railroad or group of railroads.
(2) Each rail carrier shall maintain a complete diagram of the transportation system operated, directly or indirectly, by the rail carrier. The rail carrier shall submit to the Board and publish amendments to its diagram that are necessary to maintain the accuracy of the diagram. The diagram shall—
(A) include a detailed description of each of its railroad lines potentially subject to abandonment; and
(B) identify each railroad line for which the rail carrier plans to file an application to abandon or discontinue under subsection (a) of this section.
(d) A rail carrier providing transportation subject to the jurisdiction of the Board under this part may—
(1) abandon any part of its railroad lines; or
(2) discontinue the operation of all rail transportation over any part of its railroad lines;
only if the Board finds that the present or future public convenience and necessity require or permit the abandonment or discontinuance. In making the finding, the Board shall consider whether the abandonment or discontinuance will have a serious, adverse impact on rural and community development.
(e) Subject to this section and sections 10904 and 10905 of this title, if the Board—
(1) finds public convenience and necessity, it shall—
(A) approve the application as filed; or
(B) approve the application with modifications and require compliance with conditions that the Board finds are required by public convenience and necessity; or
(2) fails to find public convenience and necessity, it shall deny the application.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 823.)
References in Text
Section 24706(c) of this title, referred to in subsec. (b)(2), was repealed by Pub. L. 105–134, title I, §142(a), Dec. 2, 1997, 111 Stat. 2576.
Prior Provisions
A prior section 10903, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1403; Pub. L. 96–448, title IV, §402(a), Oct. 14, 1980, 94 Stat. 1941; Pub. L. 98–216, §2(14), Feb. 14, 1984, 98 Stat. 5; Pub. L. 103–272, §5(m)(24), July 5, 1994, 108 Stat. 1378, related to authorizing abandonment and discontinuance of railroad lines and rail transportation.
Railroad Branchline Abandonments by Burlington Northern Railroad in North Dakota
Pub. L. 97–102, title IV, §402, Dec. 23, 1981, 95 Stat. 1465, as amended by Pub. L. 102–143, title III, §343, Oct. 28, 1991, 105 Stat. 948, provided that: “Notwithstanding any other provision of law or of this Act, none of the funds provided in this or any other Act shall hereafter be used by the Interstate Commerce Commission to approve railroad branchline abandonments in the State of North Dakota by the entity generally known as the Burlington Northern Railroad, or its agents or assignees, in excess of a total of 350 miles, except that exempt abandonments and discontinuances that are effectuated pursuant to section 1152.50 of title 49 of the Code of Federal Regulations after the date of enactment of the Department of Transportation and Related Agencies Appropriations Act, 1992 [Oct. 28, 1991], shall not apply toward such 350-mile limit: Provided, That this section shall be in lieu of section 311 (amendment numbered 93) as set forth in the conference report and the joint explanatory statement of the committee of conference on the Department of Transportation and Related Agencies Appropriations Act, 1982 (H.R. 4209), filed in the House of Representatives on November 13, 1981 (H. Rept. No. 97–331).” [Section 311 of H.R. 4209 is section 311 of Pub. L. 97–102, title III, Dec. 23, 1981, 95 Stat. 1460, which is not classified to the Code.] Similar provisions were contained in Pub. L. 97–92, title IV, §115, Dec. 15, 1981, 95 Stat. 1196.
[Interstate Commerce Commission abolished and functions of Commission transferred, except as otherwise provided in Pub. L. 104–88, to Surface Transportation Board effective Jan. 1, 1996, by section 702 of this title, and section 101 of Pub. L. 104–88, set out as a note under section 701 of this title. References to Interstate Commerce Commission deemed to refer to Surface Transportation Board, a member or employee of the Board, or Secretary of Transportation, as appropriate, see section 205 of Pub. L. 104–88, set out as a note under section 701 of this title.]
1 See References in Text note below.
§10904. Offers of financial assistance to avoid abandonment and discontinuance
(a) In this section—
(1) the term “avoidable cost” means all expenses that would be incurred by a rail carrier in providing transportation that would not be incurred if the railroad line over which the transportation was provided were abandoned or if the transportation were discontinued. Expenses include cash inflows foregone and cash outflows incurred by the rail carrier as a result of not abandoning or discontinuing the transportation. Cash inflows foregone and cash outflows incurred include—
(A) working capital and required capital expenditure;
(B) expenditures to eliminate deferred maintenance;
(C) the current cost of freight cars, locomotives, and other equipment; and
(D) the foregone tax benefits from not retiring properties from rail service and other effects of applicable Federal and State income taxes; and
(2) the term “reasonable return” means—
(A) if a rail carrier is not in reorganization, the cost of capital to the rail carrier, as determined by the Board; and
(B) if a rail carrier is in reorganization, the mean cost of capital of rail carriers not in reorganization, as determined by the Board.
(b) Any rail carrier which has filed an application for abandonment or discontinuance shall provide promptly to a party considering an offer of financial assistance and shall provide concurrently to the Board—
(1) an estimate of the annual subsidy and minimum purchase price required to keep the line or a portion of the line in operation;
(2) its most recent reports on the physical condition of that part of the railroad line involved in the proposed abandonment or discontinuance;
(3) traffic, revenue, and other data necessary to determine the amount of annual financial assistance which would be required to continue rail transportation over that part of the railroad line; and
(4) any other information that the Board considers necessary to allow a potential offeror to calculate an adequate subsidy or purchase offer.
(c) Within 4 months after an application is filed under section 10903, any person may offer to subsidize or purchase the railroad line that is the subject of such application. Such offer shall be filed concurrently with the Board. If the offer to subsidize or purchase is less than the carrier's estimate stated pursuant to subsection (b)(1), the offer shall explain the basis of the disparity, and the manner in which the offer is calculated.
(d)(1) Unless the Board, within 15 days after the expiration of the 4-month period described in subsection (c), finds that one or more financially responsible persons (including a governmental authority) have offered financial assistance regarding that part of the railroad line to be abandoned or over which all rail transportation is to be discontinued, abandonment or discontinuance may be carried out in accordance with section 10903.
(2) If the Board finds that such an offer or offers of financial assistance has been made within such period, abandonment or discontinuance shall be postponed until—
(A) the carrier and a financially responsible person have reached agreement on a transaction for subsidy or sale of the line; or
(B) the conditions and amount of compensation are established under subsection (f).
(e) Except as provided in subsection (f)(3), if the rail carrier and a financially responsible person (including a governmental authority) fail to agree on the amount or terms of the subsidy or purchase, either party may, within 30 days after the offer is made, request that the Board establish the conditions and amount of compensation.
(f)(1) Whenever the Board is requested to establish the conditions and amount of compensation under this section—
(A) the Board shall render its decision within 30 days;
(B) for proposed sales, the Board shall determine the price and other terms of sale, except that in no case shall the Board set a price which is below the fair market value of the line (including, unless otherwise mutually agreed, all facilities on the line or portion necessary to provide effective transportation services); and
(C) for proposed subsidies, the Board shall establish the compensation as the difference between the revenues attributable to that part of the railroad line and the avoidable cost of providing rail freight transportation on the line, plus a reasonable return on the value of the line.
(2) The decision of the Board shall be binding on both parties, except that the person who has offered to subsidize or purchase the line may withdraw his offer within 10 days of the Board's decision. In such a case, the abandonment or discontinuance may be carried out immediately, unless other offers are being considered pursuant to paragraph (3) of this subsection.
(3) If a rail carrier receives more than one offer to subsidize or purchase, it shall select the offeror with whom it wishes to transact business, and complete the subsidy or sale agreement, or request that the Board establish the conditions and amount of compensation before the 40th day after the expiration of the 4-month period described in subsection (c). If no agreement on subsidy or sale is reached within such 40-day period and the Board has not been requested to establish the conditions and amount of compensation, any other offeror whose offer was made within the 4-month period described in subsection (c) may request that the Board establish the conditions and amount of compensation. If the Board has established the conditions and amount of compensation, and the original offer has been withdrawn, any other offeror whose offer was made within the 4-month period described in subsection (c) may accept the Board's decision within 20 days after such decision, and the Board shall require the carrier to enter into a subsidy or sale agreement with such offeror, if such subsidy or sale agreement incorporates the Board's decision.
(4)(A) No purchaser of a line or portion of line sold under this section may transfer or discontinue service on such line prior to the end of the second year after consummation of the sale, nor may such purchaser transfer such line, except to the rail carrier from whom it was purchased, prior to the end of the fifth year after consummation of the sale.
(B) No subsidy arrangement approved under this section shall remain in effect for more than one year, unless otherwise mutually agreed by the parties.
(g) Upon abandonment of a railroad line under this chapter, the obligation of the rail carrier abandoning the line to provide transportation on that line, as required by section 11101(a), is extinguished.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 825.)
Prior Provisions
Provisions similar to those in this section were contained in section 10905 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
A prior section 10904, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1404; Pub. L. 96–448, title IV, §402(b), Oct. 14, 1980, 94 Stat. 1941; Pub. L. 98–216, §2(4), Feb. 14, 1984, 98 Stat. 5, related to filing and procedure for applications to abandon or discontinue railroad lines or rail transportation, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a). See section 10903 of this title.
§10905. Offering abandoned rail properties for sale for public purposes
When the Board approves an application to abandon or discontinue under section 10903, the Board shall find whether the rail properties that are involved in the proposed abandonment or discontinuance are appropriate for use for public purposes, including highways, other forms of mass transportation, conservation, energy production or transmission, or recreation. If the Board finds that the rail properties proposed to be abandoned are appropriate for public purposes and not required for continued rail operations, the properties may be sold, leased, exchanged, or otherwise disposed of only under conditions provided in the order of the Board. The conditions may include a prohibition on any such disposal for a period of not more than 180 days after the effective date of the order, unless the properties have first been offered, on reasonable terms, for sale for public purposes.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 827.)
Prior Provisions
Provisions similar to those in this section were contained in section 10906 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
A prior section 10905, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1405; Pub. L. 96–448, title IV, §402(c), Oct. 14, 1980, 94 Stat. 1942; Pub. L. 103–272, §4(j)(26), July 5, 1994, 108 Stat. 1369, related to offers of financial assistance to avoid abandonment and discontinuance, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a). See section 10904 of this title.
§10906. Exception
Notwithstanding section 10901 and subchapter II of chapter 113 of this title, and without the approval of the Board, a rail carrier providing transportation subject to the jurisdiction of the Board under this part may enter into arrangements for the joint ownership or joint use of spur, industrial, team, switching, or side tracks. The Board does not have authority under this chapter over construction, acquisition, operation, abandonment, or discontinuance of spur, industrial, team, switching, or side tracks.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 827.)
Prior Provisions
Provisions similar to those in this section were contained in section 10907 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
A prior section 10906, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1406, related to offering abandoned rail properties for sale for public purposes, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a). See section 10905 of this title.
§10907. Railroad development
(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, but the rail carrier owning such line has not filed an application to abandon such line under section 10903 of this title 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, 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.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 828.)
Prior Provisions
Provisions similar to those in this section were contained in section 10910 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Prior sections 10907 to 10910 and 10921 to 10936 were omitted in the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Section 10907, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1407, related to rail carriers entering into arrangements for joint use or ownership of spur, industrial, team, switching, or side tracks, and deprived Interstate Commerce Commission of authority over such tracks when located in one State or over certain electric railways. See sections 10102, 10501, and 10906 of this title.
Section 10908, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1407, related to discontinuing or changing interstate train or ferry transportation subject to State law.
Section 10909, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1408, related to discontinuing or changing train or ferry transportation in one State.
Section 10910, added Pub. L. 96–448, title IV, §401(a), Oct. 14, 1980, 94 Stat. 1939; amended Pub. L. 97–468, title V, §506(a), Jan. 14, 1983, 96 Stat. 2553; Pub. L. 103–272, §4(j)(27), July 5, 1994, 108 Stat. 1369, related to railroad development. See section 10907 of this title.
Section 10921, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1409, related to requirement for certificate, permit, or license. See section 13901 of this title.
Section 10922, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1409; Pub. L. 96–296, §§5(a), 6, 34(a), July 1, 1980, 94 Stat. 794, 796, 825; Pub. L. 96–454, §10(a), Oct. 15, 1980, 94 Stat. 2021; Pub. L. 97–261, §§6(a)–(c), (g), 7, 8, Sept. 20, 1982, 96 Stat. 1103, 1107, 1108; Pub. L. 98–554, title II, §§225(a), (b), 226(b), Oct. 30, 1984, 98 Stat. 2847, 2848, 2850; Pub. L. 100–17, title III, §§339, 340(a), Apr. 2, 1987, 101 Stat. 243, 245; Pub. L. 100–690, title IX, §9111(g), Nov. 18, 1988, 102 Stat. 4533; Pub. L. 102–240, title III, §3003(b), Dec. 18, 1991, 105 Stat. 2088; Pub. L. 103–272, §5(m)(25), July 5, 1994, 108 Stat. 1378; Pub. L. 103–311, title II, §207, Aug. 26, 1994, 108 Stat. 1686; Pub. L. 103–429, §7(a)(4)(D), Oct. 31, 1994, 108 Stat. 4389, related to certificates of motor and water common carriers. See section 13902 of this title.
Section 10923, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1410; Pub. L. 96–258, §1(9), June 3, 1980, 94 Stat. 426; Pub. L. 96–296, §§10(a)(2), (3), 34(b), July 1, 1980, 94 Stat. 799, 800, 825; Pub. L. 97–261, §13(a), Sept. 20, 1982, 96 Stat. 1114; Pub. L. 99–521, §8(a)(1), (2), Oct. 22, 1986, 100 Stat. 2996; Pub. L. 103–311, title II, §208, Aug. 26, 1994, 108 Stat. 1687, related to permits of motor and water contract carriers and household goods freight forwarders. See section 13903 of this title.
Section 10924, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1412; Pub. L. 96–296, §17(a), July 1, 1980, 94 Stat. 810; Pub. L. 97–261, §14(a)–(c), Sept. 20, 1982, 96 Stat. 1114; Pub. L. 103–272, §4(j)(28), July 5, 1994, 108 Stat. 1370, related to licenses of motor carrier brokers. See section 13904 of this title.
Section 10925, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1412; Pub. L. 96–296, §§10(e), 17(b), July 1, 1980, 94 Stat. 801, 811; Pub. L. 97–261, §§13(b), 22, Sept. 20, 1982, 96 Stat. 1114, 1123; Pub. L. 97–449, §5(g)(6), Jan. 12, 1983, 96 Stat. 2443; Pub. L. 99–521, §8(b), Oct. 22, 1986, 100 Stat. 2996; Pub. L. 103–311, title II, §209, Aug. 26, 1994, 108 Stat. 1688, related to effective periods of certificates, permits, and licenses. See section 13905 of this title.
Section 10926, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1413; Pub. L. 99–521, §8(c), Oct. 22, 1986, 100 Stat. 2996, related to transfers of certificates and permits.
Section 10927, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1413; Pub. L. 96–296, §29, July 1, 1980, 94 Stat. 820; Pub. L. 97–261, §18(h), Sept. 20, 1982, 96 Stat. 1121; Pub. L. 98–554, title II, §226(c)(2), (3), Oct. 30, 1984, 98 Stat. 2851; Pub. L. 99–521, §8(d), Oct. 22, 1986, 100 Stat. 2996; Pub. L. 100–690, title IX, §9111(h), Nov. 18, 1988, 102 Stat. 4534; Pub. L. 103–272, §5(m)(26), July 5, 1994, 108 Stat. 1378, related to security of motor carriers, brokers, and freight forwarders. See section 13906 of this title.
Section 10928, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1414; Pub. L. 96–296, §23, July 1, 1980, 94 Stat. 814; Pub. L. 97–261, §15, Sept. 20, 1982, 96 Stat. 1114, related to temporary authority for motor and water carriers.
Section 10929, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1415, related to temporary authority for previously exempt water transportation.
Section 10930, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1415; Pub. L. 96–296, §10(b), July 1, 1980, 94 Stat. 800; Pub. L. 99–521, §8(e), Oct. 22, 1986, 100 Stat. 2996, related to limitations on certificates and permits.
Section 10931, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1416, related to motor common carriers providing transportation entirely in one State.
Section 10932, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1417, related to motor carrier savings provisions.
Section 10933, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1418; Pub. L. 99–521, §8(f)(1), (2), Oct. 22, 1986, 100 Stat. 2996, 2997, related to authorizing abandonment of household goods freight forwarder service.
Section 10934, added Pub. L. 96–454, §5(a)(1), Oct. 15, 1980, 94 Stat. 2013; amended Pub. L. 98–554, title II, §227(a)(2), Oct. 30, 1984, 98 Stat. 2852, related to household goods agents. See section 13907 of this title.
Section 10935, added Pub. L. 97–261, §16(a), Sept. 20, 1982, 96 Stat. 1115; amended Pub. L. 103–272, §5(m)(27), July 5, 1994, 108 Stat. 1378, related to discontinuing bus transportation in one State.
Section 10936, added Pub. L. 103–311, title II, §211(a), Aug. 26, 1994, 108 Stat. 1689, related to limitation on State regulation of intrastate passengers by bus.
CHAPTER 111—OPERATIONS
SUBCHAPTER I—GENERAL REQUIREMENTS
SUBCHAPTER II—CAR SERVICE
SUBCHAPTER III—REPORTS AND RECORDS
SUBCHAPTER IV—RAILROAD COST ACCOUNTING
SUBCHAPTER I—GENERAL REQUIREMENTS
§11101. Common carrier transportation, service, and rates
(a) A rail carrier providing transportation or service subject to the jurisdiction of the Board under this part shall provide the transportation or service on reasonable request. A rail carrier shall not be found to have violated this section because it fulfills its reasonable commitments under contracts authorized under section 10709 of this title before responding to reasonable requests for service. Commitments which deprive a carrier of its ability to respond to reasonable requests for common carrier service are not reasonable.
(b) A rail carrier shall also provide to any person, on request, the carrier's rates and other service terms. The response by a rail carrier to a request for the carrier's rates and other service terms shall be—
(1) in writing and forwarded to the requesting person promptly after receipt of the request; or
(2) promptly made available in electronic form.
(c) A rail carrier may not increase any common carrier rates or change any common carrier service terms unless 20 days have expired after written or electronic notice is provided to any person who, within the previous 12 months—
(1) has requested such rates or terms under subsection (b); or
(2) has made arrangements with the carrier for a shipment that would be subject to such increased rates or changed terms.
(d) With respect to transportation of agricultural products, in addition to the requirements of subsections (a), (b), and (c), a rail carrier shall publish, make available, and retain for public inspection its common carrier rates, schedules of rates, and other service terms, and any proposed and actual changes to such rates and service terms. For purposes of this subsection, agricultural products shall include grain as defined in section 3 of the United States Grain Standards Act (7 U.S.C. 75) and all products thereof, and fertilizer.
(e) A rail carrier shall provide transportation or service in accordance with the rates and service terms, and any changes thereto, as published or otherwise made available under subsection (b), (c), or (d).
(f) The Board shall, by regulation, establish rules to implement this section. The regulations shall provide for immediate disclosure and dissemination of rates and service terms, including classifications, rules, and practices, and their effective dates. Final regulations shall be adopted by the Board not later than 180 days after January 1, 1996.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 830; amended Pub. L. 104–287, §5(25), Oct. 11, 1996, 110 Stat. 3390.)
Prior Provisions
A prior section 11101, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1419; Pub. L. 96–258, §1(10), June 3, 1980, 94 Stat. 426; Pub. L. 96–448, title II, §222, Oct. 14, 1980, 94 Stat. 1929; Pub. L. 99–521, §9(a), Oct. 22, 1986, 100 Stat. 2997; Pub. L. 103–180, §8, Dec. 3, 1993, 107 Stat. 2052, related to duties of carriers to provide transportation and service, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a). See sections 11101, 13710, 14101, and 15701 of this title.
Amendments
1996—Subsec. (f). Pub. L. 104–287 substituted “January 1, 1996” for “the effective date of the ICC Termination Act of 1995”.
Effective Date
Chapter effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 701 of this title.
§11102. Use of terminal facilities
(a) The Board may require terminal facilities, including main-line tracks for a reasonable distance outside of a terminal, owned by a rail carrier providing transportation subject to the jurisdiction of the Board under this part, to be used by another rail carrier if the Board finds that use to be practicable and in the public interest without substantially impairing the ability of the rail carrier owning the facilities or entitled to use the facilities to handle its own business. The rail carriers are responsible for establishing the conditions and compensation for use of the facilities. However, if the rail carriers cannot agree, the Board may establish conditions and compensation for use of the facilities under the principle controlling compensation in condemnation proceedings. The compensation shall be paid or adequately secured before a rail carrier may begin to use the facilities of another rail carrier under this section.
(b) A rail carrier whose terminal facilities are required to be used by another rail carrier under this section is entitled to recover damages from the other rail carrier for injuries sustained as the result of compliance with the requirement or for compensation for the use, or both as appropriate, in a civil action, if it is not satisfied with the conditions for use of the facilities or if the amount of the compensation is not paid promptly.
(c)(1) The Board may require rail carriers to enter into reciprocal switching agreements, where it finds such agreements to be practicable and in the public interest, or where such agreements are necessary to provide competitive rail service. The rail carriers entering into such an agreement shall establish the conditions and compensation applicable to such agreement, but, if the rail carriers cannot agree upon such conditions and compensation within a reasonable period of time, the Board may establish such conditions and compensation.
(2) The Board may require reciprocal switching agreements entered into by rail carriers pursuant to this subsection to contain provisions for the protection of the interests of employees affected thereby.
(d) The Board shall complete any proceeding under subsection (a) or (b) within 180 days after the filing of the request for relief.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 831.)
Prior Provisions
Provisions similar to those in this section were contained in section 11103 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
A prior section 11102, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1419, related to classification of carriers, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
§11103. Switch connections and tracks
(a) On application of the owner of a lateral branch line of railroad, or of a shipper tendering interstate traffic for transportation, a rail carrier providing transportation subject to the jurisdiction of the Board under this part shall construct, maintain, and operate, on reasonable conditions, a switch connection to connect that branch line or private side track with its railroad and shall furnish cars to move that traffic to the best of its ability without discrimination in favor of or against the shipper when the connection—
(1) is reasonably practicable;
(2) can be made safely; and
(3) will furnish sufficient business to justify its construction and maintenance.
(b) If a rail carrier fails to install and operate a switch connection after application is made under subsection (a) of this section, the owner of the lateral branch line of railroad or the shipper may file a complaint with the Board under section 11701 of this title. The Board shall investigate the complaint and decide the safety, practicability, justification, and compensation to be paid for the connection. The Board may direct the rail carrier to comply with subsection (a) of this section only after a full hearing.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 831.)
Prior Provisions
Provisions similar to those in this section were contained in section 11104 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Prior sections 11103 to 11111 were omitted in the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Section 11103, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1419; Pub. L. 96–448, title II, §223, Oct. 14, 1980, 94 Stat. 1929, related to use of terminal facilities. See section 11102 of this title.
Section 11104, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1420, related to switch connections and tracks. See section 11103 of this title.
Section 11105, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1420, related to protective services.
Section 11106, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1420, related to identification of motor vehicles.
Section 11107, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1420; Pub. L. 96–296, §15(d), July 1, 1980, 94 Stat. 809, related to leased motor vehicles. See section 14102 of this title.
Section 11108, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1421, related to water carriers subject to unreasonable discrimination in foreign transportation.
Section 11109, added Pub. L. 96–296, §15(a)(1), July 1, 1980, 94 Stat. 808, related to loading and unloading motor vehicles. See section 14103 of this title.
Section 11110, added Pub. L. 96–454, §6(a)(1), Oct. 15, 1980, 94 Stat. 2015, related to household goods carrier operations. See section 14104 of this title.
Section 11111, added Pub. L. 97–261, §25(d)(1), Sept. 20, 1982, 96 Stat. 1125, related to use of citizen band radios on buses.
SUBCHAPTER II—CAR SERVICE
§11121. Criteria
(a)(1) A rail carrier providing transportation subject to the jurisdiction of the Board under this part shall furnish safe and adequate car service and establish, observe, and enforce reasonable rules and practices on car service. The Board may require a rail carrier to provide facilities and equipment that are reasonably necessary to furnish safe and adequate car service if the Board decides that the rail carrier has materially failed to furnish that service. The Board may begin a proceeding under this paragraph when an interested person files an application with it. The Board may act only after a hearing on the record and an affirmative finding, based on the evidence presented, that—
(A) providing the facilities or equipment will not materially and adversely affect the ability of the rail carrier to provide safe and adequate transportation;
(B) the amount spent for the facilities or equipment, including a return equal to the rail carrier's current cost of capital, will be recovered; and
(C) providing the facilities or equipment will not impair the ability of the rail carrier to attract adequate capital.
(2) The Board may require a rail carrier to file its car service rules with the Board.
(b) The Board may designate and appoint agents and agencies to make and carry out its directions related to car service and matters under sections 11123 and 11124(a)(1) of this title.
(c) The Board shall consult, as it considers necessary, with the National Grain Car Council on matters within the charter of that body.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 832.)
Prior Provisions
A prior section 11121, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1421; Pub. L. 96–258, §1(11), June 3, 1980, 94 Stat. 426, related to criteria of rail carriers to furnish safe and adequate car service, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
§11122. Compensation and practice
(a) The regulations of the Board on car service shall encourage the purchase, acquisition, and efficient use of freight cars. The regulations may include—
(1) the compensation to be paid for the use of a locomotive, freight car, or other vehicle;
(2) the other terms of any arrangement for the use by a rail carrier of a locomotive, freight car, or other vehicle not owned by the rail carrier using the locomotive, freight car, or other vehicle, whether or not owned by another carrier, shipper, or third person; and
(3) sanctions for nonobservance.
(b) The rate of compensation to be paid for each type of freight car shall be determined by the expense of owning and maintaining that type of freight car, including a fair return on its cost giving consideration to current costs of capital, repairs, materials, parts, and labor. In determining the rate of compensation, the Board shall consider the transportation use of each type of freight car, the national level of ownership of each type of freight car, and other factors that affect the adequacy of the national freight car supply.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 832.)
Prior Provisions
A prior section 11122, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1421; Pub. L. 96–448, title II, §224(a), Oct. 14, 1980, 94 Stat. 1929, related to use of and compensation for freight cars, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
§11123. Situations requiring immediate action to serve the public
(a) When the Board determines that shortage of equipment, congestion of traffic, unauthorized cessation of operations, failure of existing commuter rail passenger transportation operations caused by a cessation of service by the National Railroad Passenger Corporation, or other failure of traffic movement exists which creates an emergency situation of such magnitude as to have substantial adverse effects on shippers, or on rail service in a region of the United States, or that a rail carrier providing transportation subject to the jurisdiction of the Board under this part cannot transport the traffic offered to it in a manner that properly serves the public, the Board may, to promote commerce and service to the public, for a period not to exceed 30 days—
(1) direct the handling, routing, and movement of the traffic of a rail carrier and its distribution over its own or other railroad lines;
(2) require joint or common use of railroad facilities;
(3) prescribe temporary through routes;
(4) give directions for—
(A) preference or priority in transportation;
(B) embargoes; or
(C) movement of traffic under permits; or
(5) in the case of a failure of existing freight or commuter rail passenger transportation operations caused by a cessation of service by the National Railroad Passenger Corporation, direct the continuation of the operations and dispatching, maintenance, and other necessary infrastructure functions related to the operations.
(b)(1) Except with respect to proceedings under paragraph (2) of this subsection, the Board may act under this section on its own initiative or on application without regard to subchapter II of chapter 5 of title 5.
(2) Rail carriers may establish between themselves the terms of compensation for operations, and use of facilities and equipment, required under this section. When rail carriers do not agree on the terms of compensation under this section, the Board may establish the terms for them. The Board may act under subsection (a) before conducting a proceeding under this paragraph.
(3)(A) Except as provided in subparagraph (B), when a rail carrier is directed under this section to operate the lines of another rail carrier due to that carrier's cessation of operations, compensation for the directed operations shall derive only from revenues generated by the directed operations.
(B) In the case of a failure of existing freight or commuter rail passenger transportation operations caused by a cessation of service by the National Railroad Passenger Corporation, the Board shall provide funding to fully reimburse the directed service provider for its costs associated with the activities directed under subsection (a), including the payment of increased insurance premiums. The Board shall order complete indemnification against any and all claims associated with the provision of service to which the directed rail carrier may be exposed.
(c)(1) The Board may extend any action taken under subsection (a) of this section beyond 30 days if the Board finds that a transportation emergency described in subsection (a) continues to exist. Action by the Board under subsection (a) of this section may not remain in effect for more than 240 days beyond the initial 30-day period.
(2) The Board may not take action under this section that would—
(A) cause a rail carrier to operate in violation of this part; or
(B) impair substantially the ability of a rail carrier to serve its own customers adequately, or to fulfill its common carrier obligations.
(3) A rail carrier directed by the Board to take action under this section is not responsible, as a result of that action, for debts of any other rail carrier.
(4) In the case of a failure of existing freight or commuter rail passenger transportation operations caused by cessation of service by the National Railroad Passenger Corporation, the Board may not direct a rail carrier to undertake activities under subsection (a) to continue such operations unless—
(A) the Board first affirmatively finds that the rail carrier is operationally capable of conducting the directed service in a safe and efficient manner; and
(B) the funding for such directed service required by subparagraph (B) of subsection (b)(3) is provided in advance in appropriations Acts.
(d) In carrying out this section, the Board shall require, to the maximum extent practicable, the use of employees who would normally have performed work in connection with the traffic subject to the action of the Board.
(e) For purposes of this section, the National Railroad Passenger Corporation and any entity providing commuter rail passenger transportation shall be considered rail carriers subject to the Board's jurisdiction.
(f) For purposes of this section, the term “commuter rail passenger transportation” has the meaning given that term in section 24102(4).
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 833; amended Pub. L. 108–199, div. F, title I, §150(1), Jan. 23, 2004, 118 Stat. 302.)
Prior Provisions
A prior section 11123, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1422; Pub. L. 96–448, title II, §226, Oct. 14, 1980, 94 Stat. 1930, related to situations requiring immediate action, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Amendments
2004—Subsec. (a). Pub. L. 108–199, §150(1)(A)(i), inserted “failure of existing commuter rail passenger transportation operations caused by a cessation of service by the National Railroad Passenger Corporation,” after “cessation of operations,” in introductory provisions.
Subsec. (a)(5). Pub. L. 108–199, §150(1)(A)(ii)–(iv), added par. (5).
Subsec. (b)(3). Pub. L. 108–199, §150(1)(B), designated existing provisions as subpar. (A), substituted “Except as provided in subparagraph (B), when” for “When”, and added subpar. (B).
Subsec. (c)(4). Pub. L. 108–199, §150(1)(C), added par. (4).
Subsecs. (e), (f). Pub. L. 108–199, §150(1)(D), added subsecs. (e) and (f).
§11124. War emergencies; embargoes imposed by carriers
(a)(1) When the President, during time of war or threatened war, notifies the Board that it is essential to the defense and security of the United States to give preference or priority to the movement of certain traffic, the Board shall direct that preference or priority be given to that traffic.
(2) When the President, during time of war or threatened war, demands that preference and precedence be given to the transportation of troops and material of war over all other traffic, all rail carriers providing transportation subject to the jurisdiction of the Board under this part shall adopt every means within their control to facilitate and expedite the military traffic.
(b) An embargo imposed by any such rail carrier does not apply to shipments consigned to agents of the United States Government for its use. The rail carrier shall deliver those shipments as promptly as possible.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 834.)
Prior Provisions
Provisions similar to those in this section were contained in section 11128 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Prior sections 11124 to 11128 were omitted in the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Section 11124, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1422, related to rerouting traffic on failure of rail carrier to serve the public.
Section 11125, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1423; Pub. L. 98–216, §2(15), Feb. 14, 1984, 98 Stat. 5; Pub. L. 103–272, §5(m)(28), July 5, 1994, 108 Stat. 1378, related to directed rail transportation.
Section 11126, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1424; Pub. L. 103–272, §5(m)(29), July 5, 1994, 108 Stat. 1378, related to distribution of coal cars.
Section 11127, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1424; Pub. L. 99–521, §9(b)(1), (2), Oct. 22, 1986, 100 Stat. 2997, related to service of household goods freight forwarders.
Section 11128, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1425, related to war emergencies and embargoes imposed by carriers. See section 11124 of this title.
SUBCHAPTER III—REPORTS AND RECORDS
§11141. Definitions
In this subchapter—
(1) the terms “rail carrier” and “lessor” include a receiver or trustee of a rail carrier and lessor, respectively;
(2) the term “lessor” means a person owning a railroad that is leased to and operated by a carrier providing transportation subject to the jurisdiction of the Board under this part; and
(3) the term “association” means an organization maintained by or in the interest of a group of rail carriers providing transportation or service subject to the jurisdiction of the Board under this part that performs a service, or engages in activities, related to transportation under this part.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 834.)
Prior Provisions
A prior section 11141, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1425; Pub. L. 99–521, §9(c), Oct. 22, 1986, 100 Stat. 2997, defined terms for purposes of former sections 11141 to 11145 of this title, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a). See sections 11141, 14121, and 15721 of this title.
§11142. Uniform accounting system
The Board may prescribe a uniform accounting system for classes of rail carriers providing transportation subject to the jurisdiction of the Board under this part. To the maximum extent practicable, the Board shall conform such system to generally accepted accounting principles, and shall administer this subchapter in accordance with such principles.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 834.)
Prior Provisions
A prior section 11142, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1425; Pub. L. 96–448, title III, §301, Oct. 14, 1980, 94 Stat. 1934, related to uniform accounting system, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
§11143. Depreciation charges
The Board shall, for a class of rail carriers providing transportation subject to its jurisdiction under this part, prescribe, and change when necessary, those classes of property for which depreciation charges may be included under operating expenses and a rate of depreciation that may be charged to a class of property. The Board may classify those rail carriers for purposes of this section. A rail carrier for whom depreciation charges and rates of depreciation are in effect under this section for any class of property may not—
(1) charge to operating expenses a depreciation charge on a class of property other than that prescribed by the Board;
(2) charge another rate of depreciation; or
(3) include other depreciation charges in operating expenses.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 834.)
Prior Provisions
A prior section 11143, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1426, related to depreciation charges, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
§11144. Records: form; inspection; preservation
(a) The Board may prescribe the form of records required to be prepared or compiled under this subchapter—
(1) by rail carriers and lessors, including records related to movement of traffic and receipts and expenditures of money; and
(2) by persons furnishing cars to or for a rail carrier providing transportation subject to the jurisdiction of the Board under this part to the extent related to those cars or that service.
(b) The Board, or an employee designated by the Board, may on demand and display of proper credentials—
(1) inspect and examine the lands, buildings, and equipment of a rail carrier or lessor; and
(2) inspect and copy any record of—
(A) a rail carrier, lessor, or association;
(B) a person controlling, controlled by, or under common control with a rail carrier if the Board considers inspection relevant to that person's relation to, or transaction with, that rail carrier; and
(C) a person furnishing cars to or for a rail carrier if the Board prescribed the form of that record.
(c) The Board may prescribe the time period during which operating, accounting, and financial records must be preserved by rail carriers, lessors, and persons furnishing cars.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 835.)
Prior Provisions
A prior section 11144, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1426; Pub. L. 96–296, §24(c), July 1, 1980, 94 Stat. 816, related to form, inspection, and preservation of records, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a). See sections 11144, 14122, and 15722 of this title.
§11145. Reports by rail carriers, lessors, and associations
(a) The Board may require—
(1) rail carriers, lessors, and associations, or classes of them as the Board may prescribe, to file annual, periodic, and special reports with the Board containing answers to questions asked by it; and
(2) a person furnishing cars to a rail carrier to file reports with the Board containing answers to questions about those cars.
(b)(1) An annual report shall contain an account, in as much detail as the Board may require, of the affairs of the rail carrier, lessor, or association for the 12-month period ending on December 31 of each year.
(2) An annual report shall be filed with the Board by the end of the third month after the end of the year for which the report is made unless the Board extends the filing date or changes the period covered by the report. The annual report and, if the Board requires, any other report made under this section, shall be made under oath.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 835.)
Prior Provisions
A prior section 11145, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1427; Pub. L. 96–296, §5(b), July 1, 1980, 94 Stat. 796, related to reports by carriers, lessors, and associations, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a). See sections 11145, 14123, and 15723 of this title.
SUBCHAPTER IV—RAILROAD COST ACCOUNTING
§11161. Implementation of cost accounting principles
The Board shall periodically review its cost accounting rules and shall make such changes in those rules as are required to achieve the regulatory purposes of this part. The Board shall insure that the rules promulgated under this section are the most efficient and least burdensome means by which the required information may be developed for regulatory purposes. To the maximum extent practicable, the Board shall conform such rules to generally accepted accounting principles.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 835.)
Prior Provisions
Provisions similar to those in this section were contained in section 11163 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
A prior section 11161, added Pub. L. 96–448, title III, §302(a), Oct. 14, 1980, 94 Stat. 1934, related to Railroad Accounting Principles Board, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
§11162. Rail carrier cost accounting system
(a) Each rail carrier shall have and maintain a cost accounting system that is in compliance with the rules promulgated by the Board under section 11161 of this title. A rail carrier may, after notifying the Board, make modifications in such system unless, within 60 days after the date of notification, the Board finds such modifications to be inconsistent with the rules promulgated by the Board under section 11161 of this title.
(b) For purposes of determining whether the cost accounting system of a rail carrier is in compliance with the rules promulgated by the Board, the Board shall have the right to examine and make copies of any documents, papers, or records of such rail carrier relating to compliance with such rules. Such documents, papers, and records (and any copies thereof) shall not be subject to the mandatory disclosure requirements of section 552 of title 5.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 836.)
Prior Provisions
Provisions similar to those in this section were contained in section 11164 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
A prior section 11162, added Pub. L. 96–448, title III, §302(a), Oct. 14, 1980, 94 Stat. 1935; amended Pub. L. 103–272, §4(j)(30), July 5, 1994, 108 Stat. 1370, related to cost accounting principles, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
§11163. Cost availability
As required by the rules of the Board governing discovery in Board proceedings, rail carriers shall make relevant cost data available to shippers, States, ports, communities, and other interested parties that are a party to a Board proceeding in which such data are required.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 836.)
Prior Provisions
Provisions similar to those in this section were contained in section 11165 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
A prior section 11163, added Pub. L. 96–448, title III, §302(a), Oct. 14, 1980, 94 Stat. 1936; amended Pub. L. 103–272, §4(j)(31), July 5, 1994, 108 Stat. 1370, related to implementation of cost accounting principles, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a). See section 11161 of this title.
§11164. Accounting and cost reporting
To obtain expense and revenue information for regulatory purposes, the Board may promulgate reasonable rules for rail carriers providing transportation subject to the jurisdiction of the Board under this part, prescribing expense and revenue accounting and reporting requirements consistent with generally accepted accounting principles uniformly applied to such carriers. Such requirements shall be cost effective and compatible with and not duplicative of the managerial and responsibility accounting requirements of those carriers.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 836.)
Prior Provisions
Provisions similar to those in this section were contained in section 11166 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Prior sections 11164 to 11168 were omitted in the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Section 11164, added Pub. L. 96–448, title III, §302(a), Oct. 14, 1980, 94 Stat. 1936, related to certification of rail carrier cost accounting systems. See section 11162 of this title.
Section 11165, added Pub. L. 96–448, title III, §302(a), Oct. 14, 1980, 94 Stat. 1937, related to cost data availability. See section 11163 of this title.
Section 11166, added Pub. L. 96–448, title III, §302(a), Oct. 14, 1980, 94 Stat. 1937; amended Pub. L. 103–272, §4(j)(32), July 5, 1994, 108 Stat. 1370, related to accounting and cost reporting. See section 11164 of this title.
Section 11167, added Pub. L. 96–448, title III, §302(a), Oct. 14, 1980, 94 Stat. 1938; amended Pub. L. 103–272, §4(j)(33), July 5, 1994, 108 Stat. 1370, related to reports to Congress by Railroad Accounting Principles Board.
Section 11168, added Pub. L. 96–448, title III, §302(a), Oct. 14, 1980, 94 Stat. 1938, authorized appropriations for fiscal years 1981 to 1983.
CHAPTER 113—FINANCE
SUBCHAPTER I—EQUIPMENT TRUSTS AND SECURITY INTERESTS
SUBCHAPTER II—COMBINATIONS
SUBCHAPTER I—EQUIPMENT TRUSTS AND SECURITY INTERESTS
§11301. Equipment trusts: recordation; evidence of indebtedness
(a) A mortgage (other than a mortgage under chapter 313 of title 46), lease, equipment trust agreement, conditional sales agreement, or other instrument evidencing the mortgage, lease, conditional sale, or bailment of or security interest in vessels, railroad cars, locomotives, or other rolling stock, or accessories used on such railroad cars, locomotives, or other rolling stock (including superstructures and racks), intended for a use related to interstate commerce shall be filed with the Board in order to perfect the security interest that is the subject of such instrument. An assignment of a right or interest under one of those instruments and an amendment to that instrument or assignment including a release, discharge, or satisfaction of any part of it shall also be filed with the Board. The instrument, assignment, or amendment must be in writing, executed by the parties to it, and acknowledged or verified under Board regulations. When filed under this section, that document is notice to, and enforceable against, all persons. A document filed under this section does not have to be filed, deposited, registered, or recorded under another law of the United States, a State (or its political subdivisions), or territory or possession of the United States, related to filing, deposit, registration, or recordation of those documents. This section does not change chapter 313 of title 46.
(b) The Board shall maintain a system for recording each document filed under subsection (a) of this section and mark each of them with a consecutive number and the date and hour of their recordation. The Board shall maintain and keep open for public inspection an index of documents filed under that subsection. That index shall include the name and address of the principal debtors, trustees, guarantors, and other parties to those documents and may include other facts that will assist in determining the rights of the parties to those transactions.
(c) The Board may to the greatest extent practicable perform its functions under this section through contracts with private sector entities.
(d) A mortgage, lease, equipment trust agreement, conditional sales agreement, or other instrument evidencing the mortgage, lease, conditional sale, or bailment of or security interest in vessels, railroad cars, locomotives, or other rolling stock, or accessories used on such railroad cars, locomotives, or other rolling stock (including superstructures and racks), or any assignment thereof, which—
(1) is duly constituted under the laws of a country other than the United States; and
(2) relates to property that bears the reporting marks and identification numbers of any person domiciled in or corporation organized under the laws of such country,
shall be recognized with the same effect as having been filed under this section.
(e) Interests with respect to which documents are filed or recognized under this section are deemed perfected in all jurisdictions, and shall be governed by applicable State or foreign law in all matters not specifically governed by this section.
(f) The Board shall collect, maintain, and keep open for public inspection a railway equipment register consistent with the manner and format maintained by the Interstate Commerce Commission as of January 1, 1996.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 837; amended Pub. L. 104–287, §5(25), Oct. 11, 1996, 110 Stat. 3390.)
Prior Provisions
Provisions similar to those in this section were contained in section 11303 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
A prior section 11301, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1428; Pub. L. 103–429, §6(16), Oct. 31, 1994, 108 Stat. 4379, related to authority of certain carriers to issue securities and assume obligations and liabilities, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
A prior section 11302, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1430; Pub. L. 96–296, §18(a), July 1, 1980, 96 Stat. 811, provided that section 11301 of this title applied to motor carriers and corporations subject to jurisdiction of Interstate Commerce Commission under former subchapter II of chapter 105 of this title, but did not apply to corporations under a certain capitalization, and that this section did not apply to Federal, State, or local governments, prior to repeal by Pub. L. 97–261, §§19(a), 31(a), Sept. 20, 1982, 96 Stat. 1121, 1129, effective on the 60th day after Sept. 20, 1982.
Prior sections 11303 and 11304 were omitted in the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Section 11303, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1430; Pub. L. 103–272, §5(m)(30), July 5, 1994, 108 Stat. 1378, related to filing and recording of mortgages, leases, equipment trusts, and other agreements with Interstate Commerce Commission. See section 11301 of this title.
Section 11304, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1431; Pub. L. 96–258, §1(12), June 3, 1980, 94 Stat. 426, related to security interests in certain motor vehicles. See section 14301 of this title.
Amendments
1996—Subsec. (f). Pub. L. 104–287 substituted “January 1, 1996” for “the effective date of the ICC Termination Act of 1995”.
Effective Date
Chapter effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 701 of this title.
Abolition of Interstate Commerce Commission
Interstate Commerce Commission abolished by section 101 of Pub. L. 104–88, set out as a note under section 701 of this title.
SUBCHAPTER II—COMBINATIONS
§11321. Scope of authority
(a) The authority of the Board under this subchapter is exclusive. A rail carrier or corporation participating in or resulting from a transaction approved by or exempted by the Board under this subchapter may carry out the transaction, own and operate property, and exercise control or franchises acquired through the transaction without the approval of a State authority. A rail carrier, corporation, or person participating in that approved or exempted transaction is exempt from the antitrust laws and from all other law, including State and municipal law, as necessary to let that rail carrier, corporation, or person carry out the transaction, hold, maintain, and operate property, and exercise control or franchises acquired through the transaction. However, if a purchase and sale, a lease, or a corporate consolidation or merger is involved in the transaction, the carrier or corporation may carry out the transaction only with the assent of a majority, or the number required under applicable State law, of the votes of the holders of the capital stock of that corporation entitled to vote. The vote must occur at a regular meeting, or special meeting called for that purpose, of those stockholders and the notice of the meeting must indicate its purpose.
(b) A power granted under this subchapter to a carrier or corporation is in addition to and changes its powers under its corporate charter and under State law. Action under this subchapter does not establish or provide for establishing a corporation under the laws of the United States.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 838.)
Prior Provisions
Provisions similar to those in this section were contained in section 11341 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
A prior section 11321, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1432, related to limitations on ownership of certain water carriers, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
§11322. Limitation on pooling and division of transportation or earnings
(a) A rail carrier providing transportation subject to the jurisdiction of the Board under this part may not agree or combine with another of those rail carriers to pool or divide traffic or services or any part of their earnings without the approval of the Board under this section or section 11123 of this title. The Board may approve and authorize the agreement or combination if the rail carriers involved assent to the pooling or division and the Board finds that a pooling or division of traffic, services, or earnings—
(1) will be in the interest of better service to the public or of economy of operation; and
(2) will not unreasonably restrain competition.
(b) The Board may impose conditions governing the pooling or division and may approve and authorize payment of a reasonable consideration between the rail carriers.
(c) The Board may begin a proceeding under this section on its own initiative or on application.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 838.)
Prior Provisions
Provisions similar to those in this section were contained in section 11342 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
A prior section 11322, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1433, related to restrictions on officers and directors of carriers, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a). See section 11328 of this title.
§11323. Consolidation, merger, and acquisition of control
(a) The following transactions involving rail carriers providing transportation subject to the jurisdiction of the Board under this part may be carried out only with the approval and authorization of the Board:
(1) Consolidation or merger of the properties or franchises of at least 2 rail carriers into one corporation for the ownership, management, and operation of the previously separately owned properties.
(2) A purchase, lease, or contract to operate property of another rail carrier by any number of rail carriers.
(3) Acquisition of control of a rail carrier by any number of rail carriers.
(4) Acquisition of control of at least 2 rail carriers by a person that is not a rail carrier.
(5) Acquisition of control of a rail carrier by a person that is not a rail carrier but that controls any number of rail carriers.
(6) Acquisition by a rail carrier of trackage rights over, or joint ownership in or joint use of, a railroad line (and terminals incidental to it) owned or operated by another rail carrier.
(b) A person may carry out a transaction referred to in subsection (a) of this section or participate in achieving the control or management, including the power to exercise control or management, in a common interest of more than one of those rail carriers, regardless of how that result is reached, only with the approval and authorization of the Board under this subchapter. In addition to other transactions, each of the following transactions are considered achievements of control or management:
(1) A transaction by a rail carrier that has the effect of putting that rail carrier and person affiliated with it, taken together, in control of another rail carrier.
(2) A transaction by a person affiliated with a rail carrier that has the effect of putting that rail carrier and persons affiliated with it, taken together, in control of another rail carrier.
(3) A transaction by at least 2 persons acting together (one of whom is a rail carrier or is affiliated with a rail carrier) that has the effect of putting those persons and rail carriers and persons affiliated with any of them, or with any of those affiliated rail carriers, taken together, in control of another rail carrier.
(c) A person is affiliated with a rail carrier under this subchapter if, because of the relationship between that person and a rail carrier, it is reasonable to believe that the affairs of another rail carrier, control of which may be acquired by that person, will be managed in the interest of the other rail carrier.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 838.)
Prior Provisions
Provisions similar to those in this section were contained in section 11343 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
A prior section 11323, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1433; Pub. L. 99–521, §10(a), (b)(1), Oct. 22, 1986, 100 Stat. 2997, related to limitation on ownership of other carriers by household goods freight forwarders, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
§11324. Consolidation, merger, and acquisition of control: conditions of approval
(a) The Board may begin a proceeding to approve and authorize a transaction referred to in section 11323 of this title on application of the person seeking that authority. When an application is filed with the Board, the Board shall notify the chief executive officer of each State in which property of the rail carriers involved in the proposed transaction is located and shall notify those rail carriers. The Board shall hold a public hearing unless the Board determines that a public hearing is not necessary in the public interest.
(b) In a proceeding under this section which involves the merger or control of at least two Class I railroads, as defined by the Board, the Board shall consider at least—
(1) the effect of the proposed transaction on the adequacy of transportation to the public;
(2) the effect on the public interest of including, or failing to include, other rail carriers in the area involved in the proposed transaction;
(3) the total fixed charges that result from the proposed transaction;
(4) the interest of rail carrier employees affected by the proposed transaction; and
(5) whether the proposed transaction would have an adverse effect on competition among rail carriers in the affected region or in the national rail system.
(c) The Board shall approve and authorize a transaction under this section when it finds the transaction is consistent with the public interest. The Board may impose conditions governing the transaction, including the divestiture of parallel tracks or requiring the granting of trackage rights and access to other facilities. Any trackage rights and related conditions imposed to alleviate anticompetitive effects of the transaction shall provide for operating terms and compensation levels to ensure that such effects are alleviated. When the transaction contemplates a guaranty or assumption of payment of dividends or of fixed charges or will result in an increase of total fixed charges, the Board may approve and authorize the transaction only if it finds that the guaranty, assumption, or increase is consistent with the public interest. The Board may require inclusion of other rail carriers located in the area involved in the transaction if they apply for inclusion and the Board finds their inclusion to be consistent with the public interest.
(d) In a proceeding under this section which does not involve the merger or control of at least two Class I railroads, as defined by the Board, the Board shall approve such an application unless it finds that—
(1) as a result of the transaction, there is likely to be substantial lessening of competition, creation of a monopoly, or restraint of trade in freight surface transportation in any region of the United States; and
(2) the anticompetitive effects of the transaction outweigh the public interest in meeting significant transportation needs.
In making such findings, the Board shall, with respect to any application that is part of a plan or proposal developed under section 333(a)–(d) of this title, accord substantial weight to any recommendations of the Attorney General.
(e) No transaction described in section 11326(b) may have the effect of avoiding a collective bargaining agreement or shifting work from a rail carrier with a collective bargaining agreement to a rail carrier without a collective bargaining agreement.
(f)(1) To the extent provided in this subsection, a proceeding under this subchapter relating to a transaction involving at least one Class I rail carrier shall not be considered an adjudication required by statute to be determined on the record after opportunity for an agency hearing, for the purposes of subchapter II of chapter 5 of title 5, United States Code.
(2) Ex parte communications, as defined in section 551(14) of title 5, United States Code, shall be permitted in proceedings described in paragraph (1) of this subsection, subject to the requirements of paragraph (3) of this subsection.
(3)(A) Any member or employee of the Board who makes or receives a written ex parte communication concerning the merits of a proceeding described in paragraph (1) shall promptly place the communication in the public docket of the proceeding.
(B) Any member or employee of the Board who makes or receives an oral ex parte communication concerning the merits of a proceeding described in paragraph (1) shall promptly place a written summary of the oral communication in the public docket of the proceeding.
(4) Nothing in this subsection shall be construed to require the Board or any of its members or employees to engage in any ex parte communication with any person. Nothing in this subsection or any other law shall be construed to limit the authority of the members or employees of the Board, in their discretion, to note in the docket or otherwise publicly the occurrence and substance of an ex parte communication.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 839.)
Prior Provisions
Provisions similar to those in this section were contained in section 11344 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
§11325. Consolidation, merger, and acquisition of control: procedure
(a) The Board shall publish notice of the application under section 11324 in the Federal Register by the end of the 30th day after the application is filed with the Board. However, if the application is incomplete, the Board shall reject it by the end of that period. The order of rejection is a final action of the Board. The published notice shall indicate whether the application involves—
(1) the merger or control of at least two Class I railroads, as defined by the Board, to be decided within the time limits specified in subsection (b) of this section;
(2) transactions of regional or national transportation significance, to be decided within the time limits specified in subsection (c) of this section; or
(3) any other transaction covered by this section, to be decided within the time limits specified in subsection (d) of this section.
(b) If the application involves the merger or control of two or more Class I railroads, as defined by the Board, the following conditions apply:
(1) Written comments about an application may be filed with the Board within 45 days after notice of the application is published under subsection (a) of this section. Copies of such comments shall be served on the Attorney General and the Secretary of Transportation, who may decide to intervene as a party to the proceeding. That decision must be made by the 15th day after the date of receipt of the written comments, and if the decision is to intervene, preliminary comments about the application must be sent to the Board by the end of the 15th day after the date of receipt of the written comments.
(2) The Board shall require that applications inconsistent with an application, notice of which was published under subsection (a) of this section, and applications for inclusion in the transaction, be filed with it by the 90th day after publication of notice under that subsection.
(3) The Board must conclude evidentiary proceedings by the end of 1 year after the date of publication of notice under subsection (a) of this section. The Board must issue a final decision by the 90th day after the date on which it concludes the evidentiary proceedings.
(c) If the application involves a transaction other than the merger or control of at least two Class I railroads, as defined by the Board, which the Board has determined to be of regional or national transportation significance, the following conditions apply:
(1) Written comments about an application, including comments of the Attorney General and the Secretary of Transportation, may be filed with the Board within 30 days after notice of the application is published under subsection (a) of this section.
(2) The Board shall require that applications inconsistent with an application, notice of which was published under subsection (a) of this section, and applications for inclusion in the transaction, be filed with it by the 60th day after publication of notice under that subsection.
(3) The Board must conclude any evidentiary proceedings by the 180th day after the date of publication of notice under subsection (a) of this section. The Board must issue a final decision by the 90th day after the date on which it concludes the evidentiary proceedings.
(d) For all applications under this section other than those specified in subsections (b) and (c) of this section, the following conditions apply:
(1) Written comments about an application, including comments of the Attorney General and the Secretary of Transportation, may be filed with the Board within 30 days after notice of the application is published under subsection (a) of this section.
(2) The Board must conclude any evidentiary proceedings by the 105th day after the date of publication of notice under subsection (a) of this section. The Board must issue a final decision by the 45th day after the date on which it concludes the evidentiary proceedings.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 841.)
Prior Provisions
Provisions similar to those in this section were contained in section 11345 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
§11326. Employee protective arrangements in transactions involving rail carriers
(a) Except as otherwise provided in this section, when approval is sought for a transaction under sections 11324 and 11325 of this title, the Board shall require the rail carrier to provide a fair arrangement at least as protective of the interests of employees who are affected by the transaction as the terms imposed under section 5(2)(f) of the Interstate Commerce Act before February 5, 1976, and the terms established under section 24706(c) 1 of this title. Notwithstanding this part, the arrangement may be made by the rail carrier and the authorized representative of its employees. The arrangement and the order approving the transaction must require that the employees of the affected rail carrier will not be in a worse position related to their employment as a result of the transaction during the 4 years following the effective date of the final action of the Board (or if an employee was employed for a lesser period of time by the rail carrier before the action became effective, for that lesser period).
(b) When approval is sought under sections 11324 and 11325 for a transaction involving one Class II and one or more Class III rail carriers, there shall be an arrangement as required under subsection (a) of this section, except that such arrangement shall be limited to one year of severance pay, which shall not exceed the amount of earnings from the railroad employment of that employee during the 12-month period immediately preceding the date on which the application for approval of such transaction is filed with the Board. The amount of such severance pay shall be reduced by the amount of earnings from railroad employment of that employee with the acquiring carrier during the 12-month period immediately following the effective date of the transaction. The parties may agree to terms other than as provided in this subsection.
(c) When approval is sought under sections 11324 and 11325 for a transaction involving only Class III rail carriers, this section shall not apply.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 842.)
References in Text
Section 5(2)(f) of the Interstate Commerce Act, referred to in subsec. (a), was classified to section 5(2)(f) of former Title 49, Transportation, prior to repeal and reenactment as section 11347 of this title by Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1439. Section 11347 of this title was subsequently omitted in the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Section 24706(c) of this title, referred to in subsec. (a), was repealed by Pub. L. 105–134, title I, §142(a), Dec. 2, 1997, 111 Stat. 2576.
Prior Provisions
Provisions similar to those in this section were contained in section 11347 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
1 See References in Text note below.
§11327. Supplemental orders
When cause exists, the Board may make appropriate orders supplemental to an order made in a proceeding under sections 11322 through 11326 of this title.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 843.)
Prior Provisions
Provisions similar to those in this section were contained in section 11351 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
§11328. Restrictions on officers and directors
(a) A person may hold the position of officer or director of more than one rail carrier only when authorized by the Board. The Board may authorize a person to hold the position of officer or director of more than one of those carriers when public or private interests will not be adversely affected.
(b) This section shall not apply to an individual holding the position of officer or director only of Class III rail carriers.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 843.)
Prior Provisions
Provisions similar to those in this section were contained in section 11322 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Prior sections 11341 to 11351 and 11361 to 11367 were omitted in the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Section 11341, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1434; Pub. L. 97–261, §21(a), Sept. 20, 1982, 96 Stat. 1122, related to exclusive authority of Interstate Commerce Commission under former sections 11341 to 11351 of this title. See sections 11321, 14302, and 14303 of this title.
Section 11342, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1434; Pub. L. 96–296, §20, July 1, 1980, 94 Stat. 811; Pub. L. 96–454, §5(c), Oct. 15, 1980, 94 Stat. 2014, related to limitation on pooling and division of transportation or earnings. See sections 11322 and 14302 of this title.
Section 11343, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1434; Pub. L. 96–296, §18(b), July 1, 1980, 94 Stat. 811; Pub. L. 97–261, §21(b), Sept. 20, 1982, 96 Stat. 1122, related to consolidation, merger, and acquisition of control. See sections 11323 and 14303 of this title.
Section 11344, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1436; Pub. L. 96–448, title II, §228(a)–(c), Oct. 14, 1980, 94 Stat. 1931; Pub. L. 97–261, §21(f), (g), Sept. 20, 1982, 96 Stat. 1123; Pub. L. 98–216, §2(4), Feb. 14, 1984, 98 Stat. 5, related to general procedures and conditions of approval of consolidations, mergers, and acquisitions of control. See sections 11324 and 14303 of this title.
Section 11345, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1436; Pub. L. 96–448, title II, §228(d), Oct. 14, 1980, 94 Stat. 1932, related to rail carrier procedures in consolidations, mergers, and acquisitions of control. See section 11325 of this title.
Section 11345a, added Pub. L. 96–296, §27(a), July 1, 1980, 94 Stat. 819; amended Pub. L. 97–261, §21(c), (d), Sept. 20, 1982, 96 Stat. 1123, related to motor carrier procedures in consolidations, mergers, and acquisitions of control. See section 14303 of this title.
Section 11346, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1437; Pub. L. 97–449, §5(g)(7), Jan. 12, 1983, 96 Stat. 2443, related to expedited rail carrier procedures in consolidations, mergers, and acquisitions of control.
Section 11347, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1439; Pub. L. 98–216, §2(16), Feb. 14, 1984, 98 Stat. 5; Pub. L. 103–272, §5(m)(31), July 5, 1994, 108 Stat. 1378, related to employee protective arrangements in transactions involving rail carriers. See section 11326 of this title.
Section 11348, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1439; Pub. L. 96–454, §8(b)(1), Oct. 15, 1980, 94 Stat. 2021; Pub. L. 97–261, §19(b), Sept. 20, 1982, 96 Stat. 1121; Pub. L. 97–449, §5(g)(8), Jan. 12, 1983, 96 Stat. 2443; Pub. L. 98–554, title II, §227(a)(3), Oct. 30, 1984, 98 Stat. 2852; Pub. L. 103–272, §5(m)(32), July 5, 1994, 108 Stat. 1378; Pub. L. 103–429, §6(17), Oct. 31, 1994, 108 Stat. 4379, related to Interstate Commerce Commission authority over noncarriers that acquire control of carriers. See section 14303 of this title.
Section 11349, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1439, related to temporary operating approval for transactions involving motor and water carriers. See section 14303 of this title.
Section 11350, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1440, related to responsibility of Secretary of Transportation in certain transactions.
Section 11351, added Pub. L. 96–258, §1(13)(A), June 3, 1980, 94 Stat. 427, related to orders by Interstate Commerce Commission supplemental to orders made in proceedings under former sections 11342 to 11345 and 11347 of this title. See sections 11327 and 14303 of this title.
Section 11361, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1441; Pub. L. 97–449, §5(g)(9), Jan. 12, 1983, 96 Stat. 2443; Pub. L. 98–216, §2(17), Feb. 14, 1984, 98 Stat. 5, related to exclusive authority of Interstate Commerce Commission over financial structure of carriers.
Section 11362, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1441, related to criteria for approval and authority to make changes in carrier financial structure.
Section 11363, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1442, related to assent of holders of securities and certain other instruments to changes in carrier financial structure.
Section 11364, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1443, related to procedure for obtaining assents of security holders to changes in financial structure.
Section 11365, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1443, related to effect of change in financial structure of carrier on other persons.
Section 11366, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1443, related to reports by carriers making change in financial structure.
Section 11367, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1444; Pub. L. 98–216, §2(18), (19), Feb. 14, 1984, 98 Stat. 5, related to application of certain other laws to proposed changes in financial structure of carriers.
CHAPTER 115—FEDERAL-STATE RELATIONS
§11501. Tax discrimination against rail transportation property
(a) In this section—
(1) the term “assessment” means valuation for a property tax levied by a taxing district;
(2) the term “assessment jurisdiction” means a geographical area in a State used in determining the assessed value of property for ad valorem taxation;
(3) the term “rail transportation property” means property, as defined by the Board, owned or used by a rail carrier providing transportation subject to the jurisdiction of the Board under this part; and
(4) the term “commercial and industrial property” means property, other than transportation property and land used primarily for agricultural purposes or timber growing, devoted to a commercial or industrial use and subject to a property tax levy.
(b) The following acts unreasonably burden and discriminate against interstate commerce, and a State, subdivision of a State, or authority acting for a State or subdivision of a State may not do any of them:
(1) Assess rail transportation property at a value that has a higher ratio to the true market value of the rail transportation property than the ratio that the assessed value of other commercial and industrial property in the same assessment jurisdiction has to the true market value of the other commercial and industrial property.
(2) Levy or collect a tax on an assessment that may not be made under paragraph (1) of this subsection.
(3) Levy or collect an ad valorem property tax on rail transportation property at a tax rate that exceeds the tax rate applicable to commercial and industrial property in the same assessment jurisdiction.
(4) Impose another tax that discriminates against a rail carrier providing transportation subject to the jurisdiction of the Board under this part.
(c) Notwithstanding section 1341 of title 28 and without regard to the amount in controversy or citizenship of the parties, a district court of the United States has jurisdiction, concurrent with other jurisdiction of courts of the United States and the States, to prevent a violation of subsection (b) of this section. Relief may be granted under this subsection only if the ratio of assessed value to true market value of rail transportation property exceeds by at least 5 percent the ratio of assessed value to true market value of other commercial and industrial property in the same assessment jurisdiction. The burden of proof in determining assessed value and true market value is governed by State law. If the ratio of the assessed value of other commercial and industrial property in the assessment jurisdiction to the true market value of all other commercial and industrial property cannot be determined to the satisfaction of the district court through the random-sampling method known as a sales assessment ratio study (to be carried out under statistical principles applicable to such a study), the court shall find, as a violation of this section—
(1) an assessment of the rail transportation property at a value that has a higher ratio to the true market value of the rail transportation property than the assessed value of all other property subject to a property tax levy in the assessment jurisdiction has to the true market value of all other commercial and industrial property; and
(2) the collection of an ad valorem property tax on the rail transportation property at a tax rate that exceeds the tax ratio rate applicable to taxable property in the taxing district.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 843.)
Prior Provisions
Provisions similar to those in this section were contained in section 11503 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
A prior section 11501, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1444; Pub. L. 96–448, title II, §214(a)–(c)(1), Oct. 14, 1980, 94 Stat. 1913, 1915; Pub. L. 97–261, §17(a), Sept. 20, 1982, 96 Stat. 1117; Pub. L. 99–521, §11(a), Oct. 22, 1986, 100 Stat. 2997; Pub. L. 103–272, §4(j)(34), July 5, 1994, 108 Stat. 1370; Pub. L. 103–305, title VI, §601(c), Aug. 23, 1994, 108 Stat. 1606; Pub. L. 103–311, title II, §211(b)(2), Aug. 26, 1994, 108 Stat. 1689, related to Interstate Commerce Commission authority over intrastate transportation, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a). See section 14501 of this title.
Effective Date
Chapter effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 701 of this title.
§11502. Withholding State and local income tax by rail carriers
(a) No part of the compensation paid by a rail carrier providing transportation subject to the jurisdiction of the Board under this part to an employee who performs regularly assigned duties as such an employee on a railroad in more than one State shall be subject to the income tax laws of any State or subdivision of that State, other than the State or subdivision thereof of the employee's residence.
(b) A rail carrier withholding pay from an employee under subsection (a) of this section shall file income tax information returns and other reports only with the State and subdivision of residence of the employee.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 844.)
Prior Provisions
Provisions similar to those in this section were contained in section 11504 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Prior sections 11502 to 11507 were omitted in the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Section 11502, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1445, related to conferences and joint hearings with State authorities.
Section 11503, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1445, related to tax discrimination against rail transportation property. See section 11501 of this title.
Section 11503a, added Pub. L. 96–296, §31(a)(1), July 1, 1980, 94 Stat. 823; amended Pub. L. 97–261, §20, Sept. 20, 1982, 96 Stat. 1122, related to tax discrimination against motor carrier transportation property. See section 14502 of this title.
Section 11504, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1446; Pub. L. 97–261, §29(d), Sept. 20, 1982, 96 Stat. 1128; Pub. L. 101–322, §7, July 6, 1990, 104 Stat. 296; Pub. L. 103–272, §5(m)(33), July 5, 1994, 108 Stat. 1378, related to withholding State and local income tax by certain carriers. See sections 11502 and 14503 of this title.
Section 11505, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1448; Pub. L. 99–521, §11(b), Oct. 22, 1986, 100 Stat. 2998, related to State action to enjoin rail carriers from certain actions.
Section 11506, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1448; Pub. L. 102–240, title IV, §4005, Dec. 18, 1991, 105 Stat. 2146, related to registration of motor carriers by a State.
Section 11507, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1449; Pub. L. 98–473, title II, §233, Oct. 12, 1984, 98 Stat. 2031, related to prison-made property governed by State law.
CHAPTER 117—ENFORCEMENT: INVESTIGATIONS, RIGHTS, AND REMEDIES
§11701. General authority
(a) Except as otherwise provided in this part, the Board may begin an investigation under this part only on complaint. If the Board finds that a rail carrier is violating this part, the Board shall take appropriate action to compel compliance with this part.
(b) A person, including a governmental authority, may file with the Board a complaint about a violation of this part by a rail carrier providing transportation or service subject to the jurisdiction of the Board under this part. The complaint must state the facts that are the subject of the violation. The Board may dismiss a complaint it determines does not state reasonable grounds for investigation and action. However, the Board may not dismiss a complaint made against a rail carrier providing transportation subject to the jurisdiction of the Board under this part because of the absence of direct damage to the complainant.
(c) A formal investigative proceeding begun by the Board under subsection (a) of this section is dismissed automatically unless it is concluded by the Board with administrative finality by the end of the third year after the date on which it was begun.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 845.)
Prior Provisions
A prior section 11701, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1449; Pub. L. 96–296, §26(a), July 1, 1980, 94 Stat. 818; Pub. L. 98–554, title II, §226(c)(4), Oct. 30, 1984, 98 Stat. 2851; Pub. L. 99–521, §12(a), Oct. 22, 1986, 100 Stat. 2998; Pub. L. 100–690, title IX, §9111(i), Nov. 18, 1988, 102 Stat. 4534; Pub. L. 103–272, §5(m)(34), July 5, 1994, 108 Stat. 1378, related to general authority of Interstate Commerce Commission to enforce this subtitle, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a). See sections 11701, 14701, and 15901 of this title.
Effective Date
Chapter effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 701 of this title.
§11702. Enforcement by the Board
The Board may bring a civil action—
(1) to enjoin a rail carrier from violating sections 10901 through 10906 of this title, or a regulation prescribed or order or certificate issued under any of those sections;
(2) to enforce subchapter II of chapter 113 of this title and to compel compliance with an order of the Board under that subchapter; and
(3) to enforce an order of the Board, except a civil action to enforce an order for the payment of money, when it is violated by a rail carrier providing transportation subject to the jurisdiction of the Board under this part.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 845.)
Prior Provisions
A prior section 11702, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1450; Pub. L. 96–296, §§15(c), 16(c), July 1, 1980, 94 Stat. 809, 810; Pub. L. 97–261, §25(e), Sept. 20, 1982, 96 Stat. 1125; Pub. L. 98–554, title II, §226(c)(5), Oct. 30, 1984, 98 Stat. 2851; Pub. L. 100–690, title IX, §9111(j), Nov. 18, 1988, 102 Stat. 4534, related to authority of Interstate Commerce Commission to bring a civil action to enforce various provisions of this subtitle, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a). See sections 11702, 14702, and 15902 of this title.
§11703. Enforcement by the Attorney General
(a) The Attorney General may, and on request of the Board shall, bring court proceedings to enforce this part, or a regulation or order of the Board or certificate issued under this part, and to prosecute a person violating this part or a regulation or order of the Board or certificate issued under this part.
(b) The United States Government may bring a civil action on behalf of a person to compel a rail carrier providing transportation subject to the jurisdiction of the Board under this part to provide that transportation to that person in compliance with this part at the same rate charged, or on conditions as favorable as those given by the rail carrier, for like traffic under similar conditions to another person.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 845.)
Prior Provisions
A prior section 11703, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1450, related to authority of Attorney General and United States Government to bring civil actions to enforce this subtitle, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a). See sections 11703, 14703, and 15903 of this title.
§11704. Rights and remedies of persons injured by rail carriers
(a) A person injured because a rail carrier providing transportation or service subject to the jurisdiction of the Board under this part does not obey an order of the Board, except an order for the payment of money, may bring a civil action in a United States District Court to enforce that order under this subsection.
(b) A rail carrier providing transportation subject to the jurisdiction of the Board under this part is liable for damages sustained by a person as a result of an act or omission of that carrier in violation of this part. A rail carrier providing transportation subject to the jurisdiction of the Board under this part is liable to a person for amounts charged that exceed the applicable rate for the transportation.
(c)(1) A person may file a complaint with the Board under section 11701(b) of this title or bring a civil action under subsection (b) of this section to enforce liability against a rail carrier providing transportation subject to the jurisdiction of the Board under this part.
(2) When the Board makes an award under subsection (b) of this section, the Board shall order the rail carrier to pay the amount awarded by a specific date. The Board may order a rail carrier providing transportation subject to the jurisdiction of the Board under this part to pay damages only when the proceeding is on complaint. The person for whose benefit an order of the Board requiring the payment of money is made may bring a civil action to enforce that order under this paragraph if the rail carrier does not pay the amount awarded by the date payment was ordered to be made.
(d)(1) When a person begins a civil action under subsection (b) of this section to enforce an order of the Board requiring the payment of damages by a rail carrier providing transportation subject to the jurisdiction of the Board under this part, the text of the order of the Board must be included in the complaint. In addition to the district courts of the United States, a State court of general jurisdiction having jurisdiction of the parties has jurisdiction to enforce an order under this paragraph. The findings and order of the Board are competent evidence of the facts stated in them. Trial in a civil action brought in a district court of the United States under this paragraph is in the judicial district—
(A) in which the plaintiff resides;
(B) in which the principal operating office of the rail carrier is located; or
(C) through which the railroad line of that carrier runs.
In a civil action under this paragraph, the plaintiff is liable for only those costs that accrue on an appeal taken by the plaintiff.
(2) All parties in whose favor the award was made may be joined as plaintiffs in a civil action brought in a district court of the United States under this subsection and all the rail carriers that are parties to the order awarding damages may be joined as defendants. Trial in the action is in the judicial district in which any one of the plaintiffs could bring the action against any one of the defendants. Process may be served on a defendant at its principal operating office when that defendant is not in the district in which the action is brought. A judgment ordering recovery may be made in favor of any of those plaintiffs against the defendant found to be liable to that plaintiff.
(3) The district court shall award a reasonable attorney's fee as a part of the damages for which a rail carrier is found liable under this subsection. The district court shall tax and collect that fee as a part of the costs of the action.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 846.)
Prior Provisions
Provisions similar to those in this section were contained in section 11705 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
A prior section 11704, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1451, related to actions by private persons to enjoin abandonment of service, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
§11705. Limitation on actions by and against rail carriers
(a) A rail carrier providing transportation or service subject to the jurisdiction of the Board under this part must begin a civil action to recover charges for transportation or service provided by the carrier within 3 years after the claim accrues.
(b) A person must begin a civil action to recover overcharges under section 11704(b) of this title within 3 years after the claim accrues, whether or not a complaint is filed under section 11704(c)(1).
(c) A person must file a complaint with the Board to recover damages under section 11704(b) of this title within 2 years after the claim accrues.
(d) The limitation period under subsection (b) of this section is extended for 6 months from the time written notice is given to the claimant by the rail carrier of disallowance of any part of the claim specified in the notice if a written claim is given to the rail carrier within that limitation period. The limitation periods under subsections (b) and (c) of this section are extended for 90 days from the time the rail carrier begins a civil action under subsection (a) of this section to recover charges related to the same transportation or service, or collects (without beginning a civil action under that subsection) the charge for that transportation or service if that action is begun or collection is made within the appropriate period.
(e) A person must begin a civil action to enforce an order of the Board against a rail carrier for the payment of money within one year after the date the order required the money to be paid.
(f) This section applies to transportation for the United States Government. The time limitations under this section are extended, as related to transportation for or on behalf of the United States Government, for 3 years from the date of—
(1) payment of the rate for the transportation or service involved;
(2) subsequent refund for overpayment of that rate; or
(3) deduction made under section 3726 of title 31, whichever is later.
(g) A claim related to a shipment of property accrues under this section on delivery or tender of delivery by the rail carrier.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 847.)
Prior Provisions
Provisions similar to those in this section were contained in section 11706 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
A prior section 11705, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1451; Pub. L. 99–521, §12(b), Oct. 22, 1986, 100 Stat. 2998, related to rights and remedies of persons injured by certain carriers, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a). See sections 11704, 14704, and 15904 of this title.
§11706. Liability of rail carriers under receipts and bills of lading
(a) A rail carrier providing transportation or service subject to the jurisdiction of the Board under this part shall issue a receipt or bill of lading for property it receives for transportation under this part. That rail carrier and any other carrier that delivers the property and is providing transportation or service subject to the jurisdiction of the Board under this part are liable to the person entitled to recover under the receipt or bill of lading. The liability imposed under this subsection is for the actual loss or injury to the property caused by—
(1) the receiving rail carrier;
(2) the delivering rail carrier; or
(3) another rail carrier over whose line or route the property is transported in the United States or from a place in the United States to a place in an adjacent foreign country when transported under a through bill of lading.
Failure to issue a receipt or bill of lading does not affect the liability of a rail carrier. A delivering rail carrier is deemed to be the rail carrier performing the line-haul transportation nearest the destination but does not include a rail carrier providing only a switching service at the destination.
(b) The rail carrier issuing the receipt or bill of lading under subsection (a) of this section or delivering the property for which the receipt or bill of lading was issued is entitled to recover from the rail carrier over whose line or route the loss or injury occurred the amount required to be paid to the owners of the property, as evidenced by a receipt, judgment, or transcript, and the amount of its expenses reasonably incurred in defending a civil action brought by that person.
(c)(1) A rail carrier may not limit or be exempt from liability imposed under subsection (a) of this section except as provided in this subsection. A limitation of liability or of the amount of recovery or representation or agreement in a receipt, bill of lading, contract, or rule in violation of this section is void.
(2) A rail carrier of passengers may limit its liability under its passenger rate for loss or injury of baggage carried on trains carrying passengers.
(3) A rail carrier providing transportation or service subject to the jurisdiction of the Board under this part may establish rates for transportation of property under which—
(A) the liability of the rail carrier for such property is limited to a value established by written declaration of the shipper or by a written agreement between the shipper and the carrier; or
(B) specified amounts are deducted, pursuant to a written agreement between the shipper and the carrier, from any claim against the carrier with respect to the transportation of such property.
(d)(1) A civil action under this section may be brought in a district court of the United States or in a State court.
(2)(A) A civil action under this section may only be brought—
(i) against the originating rail carrier, in the judicial district in which the point of origin is located;
(ii) against the delivering rail carrier, in the judicial district in which the principal place of business of the person bringing the action is located if the delivering carrier operates a railroad or a route through such judicial district, or in the judicial district in which the point of destination is located; and
(iii) against the carrier alleged to have caused the loss or damage, in the judicial district in which such loss or damage is alleged to have occurred.
(B) In this section, “judicial district” means (i) in the case of a United States district court, a judicial district of the United States, and (ii) in the case of a State court, the applicable geographic area over which such court exercises jurisdiction.
(e) A rail carrier may not provide by rule, contract, or otherwise, a period of less than 9 months for filing a claim against it under this section and a period of less than 2 years for bringing a civil action against it under this section. The period for bringing a civil action is computed from the date the carrier gives a person written notice that the carrier has disallowed any part of the claim specified in the notice. For the purposes of this subsection—
(1) an offer of compromise shall not constitute a disallowance of any part of the claim unless the carrier, in writing, informs the claimant that such part of the claim is disallowed and provides reasons for such disallowance; and
(2) communications received from a carrier's insurer shall not constitute a disallowance of any part of the claim unless the insurer, in writing, informs the claimant that such part of the claim is disallowed, provides reasons for such disallowance, and informs the claimant that the insurer is acting on behalf of the carrier.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 847.)
Prior Provisions
Provisions similar to those in this section were contained in section 11707 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
A prior section 11706, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1452; Pub. L. 97–258, §3(n), Sept. 13, 1982, 96 Stat. 1066; Pub. L. 99–521, §12(c), Oct. 22, 1986, 100 Stat. 2998; Pub. L. 103–180, §3, Dec. 3, 1993, 107 Stat. 2049; Pub. L. 103–429, §6(18), Oct. 31, 1994, 108 Stat. 4379, related to limitation on actions by and against common carriers, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a). See sections 11705, 14705, and 15905 of this title.
§11707. Liability when property is delivered in violation of routing instructions
(a)(1) When a rail carrier providing transportation subject to the jurisdiction of the Board under this part diverts or delivers property to another rail carrier in violation of routing instructions in the bill of lading, both of those rail carriers are jointly and severally liable to the rail carrier that was deprived of its right to participate in hauling that property for the total amount of the rate it would have received if it participated in hauling the property.
(2) A rail carrier is not liable under paragraph (1) of this subsection when it diverts or delivers property in compliance with an order or regulation of the Board.
(3) A rail carrier to whom property is transported is not liable under this subsection if it shows that it had no notice of the routing instructions before transporting the property. The burden of proving lack of notice is on that rail carrier.
(b) The court shall award a reasonable attorney's fee to the plaintiff in a judgment against the defendant rail carrier under subsection (a) of this section. The court shall tax and collect that fee as a part of the costs of the action.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 849.)
Prior Provisions
Provisions similar to those in this section were contained in section 11710 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Prior sections 11707 to 11712 were omitted in the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Section 11707, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1453; Pub. L. 96–258, §1(14), June 3, 1980, 94 Stat. 427; Pub. L. 96–296, §26(b), July 1, 1980, 94 Stat. 818; Pub. L. 96–448, title II, §211(c), Oct. 14, 1980, 94 Stat. 1911; Pub. L. 99–521, §12(d), Oct. 22, 1986, 100 Stat. 2998; Pub. L. 100–690, title IX, §9114, Nov. 18, 1988, 102 Stat. 4535, related to liability of common carriers under receipts and bills of lading. See sections 11706, 14706, and 15906 of this title.
Section 11708, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1454; Pub. L. 99–521, §12(e)(1), (2), Oct. 22, 1986, 100 Stat. 2998, related to private enforcement of motor carrier and household goods freight forwarder licensing requirements. See section 14707 of this title.
Section 11709, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1454, related to liability for issuance of securities by certain carriers.
Section 11710, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1455, related to liability when property is delivered in violation of routing instructions. See section 11707 of this title.
Section 11711, added Pub. L. 96–454, §7(a)(1), Oct. 15, 1980, 94 Stat. 2016; amended Pub. L. 97–261, §6(d)(2), Sept. 20, 1982, 96 Stat. 1107, related to dispute settlement program for household goods carriers. See section 14708 of this title.
Section 11712, added Pub. L. 103–180, §4(a), Dec. 3, 1993, 107 Stat. 2049, related to tariff reconciliation rules for motor common carriers of property. See section 14709 of this title.
CHAPTER 119—CIVIL AND CRIMINAL PENALTIES
§11901. General civil penalties
(a) Except as otherwise provided in this section, a rail carrier providing transportation subject to the jurisdiction of the Board under this part, an officer or agent of that rail carrier, or a receiver, trustee, lessee, or agent of one of them, knowingly violating this part or an order of the Board under this part is liable to the United States Government for a civil penalty of not more than $5,000 for each violation. Liability under this subsection is incurred for each distinct violation. A separate violation occurs for each day the violation continues.
(b) A rail carrier providing transportation subject to the jurisdiction of the Board under this part, or a receiver or trustee of that rail carrier, violating a regulation or order of the Board under section 11124(a)(2) or (b) of this title is liable to the United States Government for a civil penalty of $500 for each violation and for $25 for each day the violation continues.
(c) A person knowingly authorizing, consenting to, or permitting a violation of sections 10901 through 10906 of this title or of a requirement or a regulation under any of those sections, is liable to the United States Government for a civil penalty of not more than $5,000.
(d) A rail carrier, receiver, or operating trustee violating an order or direction of the Board under section 11123 or 11124(a)(1) of this title is liable to the United States Government for a civil penalty of at least $100 but not more than $500 for each violation and for $50 for each day the violation continues.
(e)(1) A person required under subchapter III of chapter 111 of this title to make, prepare, preserve, or submit to the Board a record concerning transportation subject to the jurisdiction of the Board under this part that does not make, prepare, preserve, or submit that record as required under that subchapter, is liable to the United States Government for a civil penalty of $500 for each violation.
(2) A rail carrier providing transportation subject to the jurisdiction of the Board under this part, and a lessor, receiver, or trustee of that rail carrier, violating section 11144(b)(1) of this title, is liable to the United States Government for a civil penalty of $100 for each violation.
(3) A rail carrier providing transportation subject to the jurisdiction of the Board under this part, a lessor, receiver, or trustee of that rail carrier, a person furnishing cars, and an officer, agent, or employee of one of them, required to make a report to the Board or answer a question that does not make the report or does not specifically, completely, and truthfully answer the question, is liable to the United States Government for a civil penalty of $100 for each violation.
(4) A separate violation occurs for each day a violation under this subsection continues.
(f) Trial in a civil action under subsections (a) through (e) of this section is in the judicial district in which the rail carrier has its principal operating office or in a district through which the railroad of the rail carrier runs.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 849.)
Prior Provisions
A prior section 11901, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1455; Pub. L. 96–454, §8(a), Oct. 15, 1980, 94 Stat. 2019; Pub. L. 96–510, title III, §306(c), Dec. 11, 1980, 94 Stat. 2810; Pub. L. 97–261, §23, Sept. 20, 1982, 96 Stat. 1124; Pub. L. 98–554, title II, §§226(c)(6), 227(a)(1), Oct. 30, 1984, 98 Stat. 2852; Pub. L. 103–180, §§6(b), 7(c), Dec. 3, 1993, 107 Stat. 2051, 2052, related to general civil penalties, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a). See sections 11901, 14901, and 16101 of this title.
Effective Date
Chapter effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 701 of this title.
§11902. Interference with railroad car supply
(a) A person that offers or gives anything of value to another person acting for or employed by a rail carrier providing transportation subject to the jurisdiction of the Board under this part intending to influence an action of that other person related to supply, distribution, or movement of cars, vehicles, or vessels used in the transportation of property, or because of the action of that other person, shall be fined not more than $1,000, imprisoned for not more than 2 years, or both.
(b) A person acting for or employed by a rail carrier providing transportation subject to the jurisdiction of the Board under this part that solicits, accepts, or receives anything of value—
(1) intending to be influenced by it in an action of that person related to supply, distribution, or movement of cars, vehicles, or vessels used in the transportation of property; or
(2) because of the action of that person,
shall be fined not more than $1,000, imprisoned for not more than 2 years, or both.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 850.)
Prior Provisions
Provisions similar to those in this section were contained in section 11907 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Prior sections 11902 and 11902a were omitted in the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Section 11902, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1457, related to civil penalties for accepting rebates from common carriers. See section 14902 of this title.
Section 11902a, added Pub. L. 96–296, §15(b)(1), July 1, 1980, 94 Stat. 809, related to penalties for violations of rules relating to loading and unloading motor vehicles. See section 14905 of this title.
§11903. Record keeping and reporting violations
A person required to make a report to the Board, or make, prepare, or preserve a record, under subchapter III of chapter 111 of this title about transportation subject to the jurisdiction of the Board under this part that knowingly and willfully—
(1) makes a false entry in the report or record;
(2) destroys, mutilates, changes, or by another means falsifies the record;
(3) does not enter business related facts and transactions in the record;
(4) makes, prepares, or preserves the record in violation of a regulation or order of the Board; or
(5) files a false report or record with the Board,
shall be fined not more than $5,000, imprisoned for not more than 2 years, or both.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 851.)
Prior Provisions
Provisions similar to those in this section were contained in section 11909 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
A prior section 11903, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1457, related to rate, discrimination, and tariff violations, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a). See section 14903 of this title.
§11904. Unlawful disclosure of information
(a) A—
(1) rail carrier providing transportation subject to the jurisdiction of the Board under this part, or an officer, agent, or employee of that rail carrier, or another person authorized to receive information from that rail carrier, that knowingly discloses to another person, except the shipper or consignee; or
(2) person who solicits or knowingly receives,
information described in subsection (b) without the consent of the shipper or consignee shall be fined not more than $1,000.
(b) The information referred to in subsection (a) is information about the nature, kind, quantity, destination, consignee, or routing of property tendered or delivered to that rail carrier for transportation provided under this part, or information about the contents of a contract authorized under section 10709 of this title, that may be used to the detriment of the shipper or consignee or may disclose improperly, to a competitor, the business transactions of the shipper or consignee.
(c) This part does not prevent a rail carrier providing transportation subject to the jurisdiction of the Board under this part from giving information—
(1) in response to legal process issued under authority of a court of the United States or a State;
(2) to an officer, employee, or agent of the United States Government, a State, or a territory or possession of the United States; or
(3) to another rail carrier or its agent to adjust mutual traffic accounts in the ordinary course of business.
(d) An employee of the Board delegated to make an inspection or examination under section 11144 of this title who knowingly discloses information acquired during that inspection or examination, except as directed by the Board, a court, or a judge of that court, shall be fined not more than $500, imprisoned for not more than 6 months, or both.
(e) A person that knowingly discloses confidential data made available to such person under section 11163 of this title by a rail carrier providing transportation subject to the jurisdiction of the Board under this part shall be fined not more than $50,000.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 851; amended Pub. L. 105–102, §2(6), Nov. 20, 1997, 111 Stat. 2204.)
Historical and Revision Notes
Pub. L. 105–102
This amends 49:11904(a)(2) to correct a grammatical error.
Prior Provisions
Provisions similar to those in this section were contained in section 11910 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
A prior section 11904, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1457; Pub. L. 99–521, §13(a), Oct. 22, 1986, 100 Stat. 2998, related to additional rate and discrimination violations, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a). See section 14904 of this title.
Amendments
1997—Subsec. (a)(2). Pub. L. 105–102 struck out “a” before “person”.
§11905. Disobedience to subpoenas
A person not obeying a subpoena or requirement of the Board to appear and testify or produce records shall be fined at least $100 but not more than $5,000, imprisoned for not more than one year, or both.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 852.)
Prior Provisions
Provisions similar to those in this section were contained in section 11913 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
A prior section 11905, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1459; Pub. L. 97–261, §29(e), Sept. 20, 1982, 96 Stat. 1128, related to transportation of passengers without charge, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
§11906. General criminal penalty when specific penalty not provided
When another criminal penalty is not provided under this chapter, a rail carrier providing transportation subject to the jurisdiction of the Board under this part, and when that rail carrier is a corporation, a director or officer of the corporation, or a receiver, trustee, lessee, or person acting for or employed by the corporation that, alone or with another person, willfully violates this part or an order prescribed under this part, shall be fined not more than $5,000. The person may be imprisoned for not more than 2 years in addition to being fined under this section. A separate violation occurs each day a violation of this part continues.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 852; amended Pub. L. 105–102, §2(7), Nov. 20, 1997, 111 Stat. 2204.)
Historical and Revision Notes
Pub. L. 105–102
This amends 49:11906 to correct an erroneous cross-reference.
Prior Provisions
Provisions similar to those in this section were contained in section 11914 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
A prior section 11906, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1459, related to evasion of regulation of motor carriers and brokers, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a). See section 14906 of this title.
Amendments
1997—Pub. L. 105–102 substituted “violation of this part” for “violation of this title”.
§11907. Punishment of corporation for violations committed by certain individuals
An act or omission that would be a violation of this part if committed by a director, officer, receiver, trustee, lessee, agent, or employee of a rail carrier providing transportation or service subject to the jurisdiction of the Board under this part that is a corporation is also a violation of this part by that corporation. The penalties of this chapter apply to that violation. When acting in the scope of their employment, the actions and omissions of individuals acting for or employed by that rail carrier are considered to be the actions and omissions of that rail carrier as well as that individual.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 852.)
Prior Provisions
Provisions similar to those in this section were contained in section 11915 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
A prior section 11907, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1459, related to interference with railroad car supply, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a). See section 11902 of this title.
§11908. Relation to other Federal criminal penalties
Notwithstanding section 3571 of title 18, United States Code, the criminal penalties provided for in this chapter are the exclusive criminal penalties for violations of this part.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 852.)
Prior Provisions
Prior sections 11908 to 11917 were omitted in the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Section 11908, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1459; Pub. L. 99–521, §13(b)(1), (2), Oct. 22, 1986, 100 Stat. 2998, 2999, related to penalty for abandonment of service by household goods freight forwarders.
Section 11909, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1460; Pub. L. 96–258, §1(15), June 3, 1980, 94 Stat. 427; Pub. L. 97–424, title IV, §427(a), Jan. 6, 1983, 96 Stat. 2168; Pub. L. 98–216, §2(20), Feb. 14, 1984, 98 Stat. 6; Pub. L. 99–521, §13(c), Oct. 22, 1986, 100 Stat. 2999; Pub. L. 103–180, §6(c), Dec. 3, 1993, 107 Stat. 2051; Pub. L. 103–272, §4(j)(35), July 5, 1994, 108 Stat. 1370, related to penalties for record keeping and reporting violations. See sections 11903, 14907, and 16102 of this title.
Section 11910, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1461; Pub. L. 96–448, title III, §303(b), Oct. 14, 1980, 94 Stat. 1938; Pub. L. 99–521, §13(d), Oct. 22, 1986, 100 Stat. 2999, related to penalties for unlawful disclosure of information. See sections 11904, 14908, and 16103 of this title.
Section 11911, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1462; Pub. L. 97–261, §19(c), Sept. 20, 1982, 96 Stat. 1121, related to penalties for violations involving issuance of securities, disposition of funds, and restrictions on ownership.
Section 11912, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1462; Pub. L. 96–258, §1(13)(C), June 3, 1980, 94 Stat. 427, related to penalties for violations by persons, not carriers, involving consolidations, mergers, and acquisitions of control.
Section 11913, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1463, related to penalty for disobedience to subpenas. See sections 11905, 14909, and 16104 of this title.
Section 11913a, added Pub. L. 96–448, title III, §303(a)(1), Oct. 14, 1980, 94 Stat. 1938, related to penalty for accounting principles violations.
Section 11914, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1463; Pub. L. 96–258, §1(16), June 3, 1980, 94 Stat. 427; Pub. L. 97–424, title IV, §427(b), Jan. 6, 1983, 96 Stat. 2168; Pub. L. 98–216, §2(20), Feb. 14, 1984, 98 Stat. 6; Pub. L. 98–554, title II, §226(c)(7), Oct. 30, 1984, 98 Stat. 2852, related to general criminal penalty when specific penalty not provided. See sections 11906, 14910, and 16105 of this title.
Section 11915, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1464, related to punishment of corporation for violations committed by certain individuals. See sections 11907, 14911, and 16106 of this title.
Section 11916, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1464, related to conclusiveness of rates in certain prosecutions. See section 14913 of this title.
Section 11917, added Pub. L. 96–454, §9(a), Oct. 15, 1980, 94 Stat. 2021, related to weight-bumping in household goods transportation. See section 14912 of this title.
PART B—MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT FORWARDERS
Amendments
1996—Pub. L. 104–287, §5(26)(A), Oct. 11, 1996, 110 Stat. 3390, made technical amendment to part heading.
CHAPTER 131—GENERAL PROVISIONS
Amendments
1996—Pub. L. 104–287, §5(26)(B), Oct. 11, 1996, 110 Stat. 3390, made technical amendment to heading.
§13101. Transportation policy
(a)
(1) in overseeing those modes—
(A) to recognize and preserve the inherent advantage of each mode of transportation;
(B) to promote safe, adequate, economical, and efficient transportation;
(C) to encourage sound economic conditions in transportation, including sound economic conditions among carriers;
(D) to encourage the establishment and maintenance of reasonable rates for transportation, without unreasonable discrimination or unfair or destructive competitive practices;
(E) to cooperate with each State and the officials of each State on transportation matters; and
(F) to encourage fair wages and working conditions in the transportation industry;
(2) in overseeing transportation by motor carrier, to promote competitive and efficient transportation services in order to—
(A) encourage fair competition, and reasonable rates for transportation by motor carriers of property;
(B) promote efficiency in the motor carrier transportation system and to require fair and expeditious decisions when required;
(C) meet the needs of shippers, receivers, passengers, and consumers;
(D) allow a variety of quality and price options to meet changing market demands and the diverse requirements of the shipping and traveling public;
(E) allow the most productive use of equipment and energy resources;
(F) enable efficient and well-managed carriers to earn adequate profits, attract capital, and maintain fair wages and working conditions;
(G) provide and maintain service to small communities and small shippers and intrastate bus services;
(H) provide and maintain commuter bus operations;
(I) improve and maintain a sound, safe, and competitive privately owned motor carrier system;
(J) promote greater participation by minorities in the motor carrier system;
(K) promote intermodal transportation;
(3) in overseeing transportation by motor carrier of passengers—
(A) to cooperate with the States on transportation matters for the purpose of encouraging the States to exercise intrastate regulatory jurisdiction in accordance with the objectives of this part;
(B) to provide Federal procedures which ensure that intrastate regulation is exercised in accordance with this part; and
(C) to ensure that Federal reform initiatives enacted by section 31138 and the Bus Regulatory Reform Act of 1982 are not nullified by State regulatory actions; and
(4) in overseeing transportation by water carrier, to encourage and promote service and price competition in the noncontiguous domestic trade.
(b)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 853.)
References in Text
The Bus Regulatory Reform Act of 1982, referred to in subsec. (a)(3)(C), is Pub. L. 97–261, Sept. 20, 1982, 96 Stat. 1102. For complete classification of this Act to the Code, see Short Title of 1982 Amendment note set out under section 10101 of this title and Tables.
Prior Provisions
Provisions similar to those in this section were contained in section 10101 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Effective Date
Chapter effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 701 of this title.
§13102. Definitions
In this part, the following definitions shall apply:
(1)
(2)
(3)
(4)
(A) for transportation provided before January 1, 1996, service provided pursuant to a permit issued under section 10923, as in effect on December 31, 1995; and
(B) for transportation provided after December 31, 1995, service provided under an agreement entered into under section 14101(b).
(5)
(A) common directors, officers, stockholders, a voting trust, or a holding or investment company, or
(B) any other means.
(6)
(A)(i) that is domiciled in a contiguous foreign country; or
(ii) that is owned or controlled by persons of a contiguous foreign country; and
(B) in the case of a person that is not a motor carrier of property, that provides interstate transportation of property by commercial motor vehicle (as defined in section 31132) under an agreement or contract entered into with a motor carrier of property (other than a motor private carrier or a motor carrier of property described in subparagraph (A)).
(7)
(A)(i) that is domiciled in a contiguous foreign country; or
(ii) that is owned or controlled by persons of a contiguous foreign country; and
(B) in the case of a person that is not a motor private carrier, that provides interstate transportation of property by commercial motor vehicle (as defined in section 31132) under an agreement or contract entered into with a person (other than a motor carrier of property or a motor private carrier described in subparagraph (A)).
(8)
(A) assembles and consolidates, or provides for assembling and consolidating, shipments and performs or provides for break-bulk and distribution operations of the shipments;
(B) assumes responsibility for the transportation from the place of receipt to the place of destination; and
(C) uses for any part of the transportation a carrier subject to jurisdiction under this subtitle.
The term does not include a person using transportation of an air carrier subject to part A of subtitle VII.
(9)
(10)
(A) arranged and paid for by the householder, except such term does not include property moving from a factory or store, other than property that the householder has purchased with the intent to use in his or her dwelling and is transported at the request of, and the transportation charges are paid to the carrier by, the householder; or
(B) arranged and paid for by another party.
(11)
(12)
(A)
(i) Binding and nonbinding estimates.
(ii) Inventorying.
(iii) Protective packing and unpacking of individual items at personal residences.
(iv) Loading and unloading at personal residences.
(B)
(C)
(13)
(A) is the shipper, consignor, or consignee of a household goods shipment;
(B) is identified as the shipper, consignor, or consignee on the face of the bill of lading;
(C) owns the goods being transported; and
(D) pays his or her own tariff transportation charges.
(14)
(15)
(A) the transportation is as provided in section 13501 of this title;
(B) the person is the owner, lessee, or bailee of the property being transported; and
(C) the property is being transported for sale, lease, rent, or bailment or to further a commercial enterprise.
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(A) is licensed as a taxicab by a State or a local jurisdiction; or
(B) is offered by a person that—
(i) provides local transportation for a fare determined (except with respect to transportation to or from airports) primarily on the basis of the distance traveled; and
(ii) does not primarily provide transportation to or from airports.
(23)
(A) a motor vehicle, vessel, warehouse, wharf, pier, dock, yard, property, facility, instrumentality, or equipment of any kind related to the movement of passengers or property, or both, regardless of ownership or an agreement concerning use; and
(B) services related to that movement, including arranging for, receipt, delivery, elevation, transfer in transit, refrigeration, icing, ventilation, storage, handling, packing, unpacking, and interchange of passengers and property.
(24)
(25)
(26)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 854; amended Pub. L. 104–287, §5(27), Oct. 11, 1996, 110 Stat. 3390; Pub. L. 106–159, title II, §209(a), Dec. 9, 1999, 113 Stat. 1764; Pub. L. 107–298, §3(a), Nov. 26, 2002, 116 Stat. 2343; Pub. L. 109–59, title IV, §§4142(a), 4202(b), Aug. 10, 2005, 119 Stat. 1747, 1751.)
Historical and Revision Notes
Pub. L. 104–287, §5(27)(A)
This amends 49:13102(4)(A) by setting out the effective date of the ICC Termination Act of 1995 (Public Law 104–88, 109 Stat. 803) and the day before that date.
Pub. L. 104–287, §5(27)(B)
This amends 49:13102(4)(B) for clarity and consistency.
References in Text
Section 10923, referred to in par. (4)(A), was omitted in the general amendment of this subtitle by Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 804, effective Jan. 1, 1996.
The date of enactment of the Household Goods Mover Oversight Enforcement and Reform Act of 2005, referred to in par. (12)(B), is the date of enactment of subtitle B of title IV of Pub. L. 109–59, which was approved Aug. 10, 2005.
Prior Provisions
Provisions similar to those in this section were contained in section 10102 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Amendments
2005—Pars. (6)(B), (7)(B). Pub. L. 109–59, §4142(a), substituted “commercial motor vehicle (as defined in section 31132)” for “motor vehicle”.
Par. (12). Pub. L. 109–59, §4202(b), added par. (12). Former par. (12) redesignated (14).
Pub. L. 109–59, §4142(a), substituted “commercial motor vehicle (as defined in section 31132)” for “motor vehicle”.
Par. (13). Pub. L. 109–59, §4202(b), added par. (13). Former par. (13) redesignated (15).
Pub. L. 109–59, §4142(a), substituted “commercial motor vehicle (as defined in section 31132)” for “motor vehicle” in introductory provisions.
Pars. (14) to (26). Pub. L. 109–59, §4202(b), redesignated pars. (12) to (24) as (14) to (26), respectively.
2002—Pars. (17) to (24). Pub. L. 107–298 added pars. (17) and (20) and redesignated former pars. (17), (18), (19), (20), (21), and (22) as pars. (18), (19), (21), (22), (23), and (24), respectively.
1999—Par. (10)(A). Pub. L. 106–159 substituted “, except such term does not include property moving from a factory or store, other than property that the householder has purchased with the intent to use in his or her dwelling and is transported at the request of, and the transportation charges are paid to the carrier by, the householder;” for “, including transportation of property from a factory or store when the property is purchased by the householder with intent to use in his or her dwelling,”.
1996—Par. (4)(A). Pub. L. 104–287, §5(27)(A), substituted “January 1, 1996” for “the effective date of this section” and “December 31, 1995” for “the day before the effective date of this section”.
Par. (4)(B). Pub. L. 104–287, §5(27)(B), substituted “after December 31, 1995” for “on or after such date”.
Application of Certain Provisions of Law
Pub. L. 109–59, title IV, §4202(c), Aug. 10, 2005, 119 Stat. 1752, provided that: “The provisions of title 49, United States Code, and this subtitle [subtitle B (§§4201–4216) of title IV of Pub. L. 109–59, see Short Title of 2005 Amendment note set out under section 10101 of this title] (including any amendments made by this subtitle), that relate to the transportation of household goods apply only to a household goods motor carrier (as defined in section 13102 of title 49, United States Code).”
Definitions
Pub. L. 109–59, title IV, §4202(a), Aug. 10, 2005, 119 Stat. 1751, provided that: “In this subtitle [subtitle B (§§4201–4216) of title IV of Pub. L. 109–59, see Short Title of 2005 Amendment note set out under section 10101 of this title], the terms ‘carrier’, ‘household goods’, ‘motor carrier’, ‘Secretary’, and ‘transportation’ have the meaning given to such terms in section 13102 of title 49, United States Code.”
§13103. Remedies as cumulative
Except as otherwise provided in this part, the remedies provided under this part are in addition to remedies existing under another law or common law.
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 856.)
Prior Provisions
Provisions similar to those in this section were contained in section 10103 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
CHAPTER 133—ADMINISTRATIVE PROVISIONS
§13301. Powers
(a)
(b)
(c)
(1)
(2)
(d)
(1)
(2)
(3)
(4)
(5)
(6)
(e)
(f)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 856.)
Prior Provisions
Provisions similar to those in this section were contained in section 10321 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Effective Date
Chapter effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 701 of this title.
§13302. Intervention
Under regulations of the Secretary, reasonable notice of, and an opportunity to intervene and participate in, a proceeding under this part related to transportation subject to jurisdiction under subchapter I of chapter 135 shall be given to interested persons.
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 858.)
Prior Provisions
Provisions similar to those in this section were contained in section 10328 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
§13303. Service of notice in proceedings
(a)
(b)
(c)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 858.)
Prior Provisions
Provisions similar to those in this section were contained in section 10329 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
§13304. Service of process in court proceedings
(a)
(b)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 858.)
Prior Provisions
Provisions similar to those in this section were contained in section 10330 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
CHAPTER 135—JURISDICTION
SUBCHAPTER I—MOTOR CARRIER TRANSPORTATION
SUBCHAPTER II—WATER CARRIER TRANSPORTATION
SUBCHAPTER III—FREIGHT FORWARDER SERVICE
SUBCHAPTER IV—AUTHORITY TO EXEMPT
SUBCHAPTER I—MOTOR CARRIER TRANSPORTATION
§13501. General jurisdiction
The Secretary and the Board have jurisdiction, as specified in this part, over transportation by motor carrier and the procurement of that transportation, to the extent that passengers, property, or both, are transported by motor carrier—
(1) between a place in—
(A) a State and a place in another State;
(B) a State and another place in the same State through another State;
(C) the United States and a place in a territory or possession of the United States to the extent the transportation is in the United States;
(D) the United States and another place in the United States through a foreign country to the extent the transportation is in the United States; or
(E) the United States and a place in a foreign country to the extent the transportation is in the United States; and
(2) in a reservation under the exclusive jurisdiction of the United States or on a public highway.
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 859.)
Prior Provisions
Provisions similar to those in this section were contained in section 10521 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Effective Date
Chapter effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 701 of this title.
§13502. Exempt transportation between Alaska and other States
To the extent that transportation by a motor carrier between a place in Alaska and a place in another State under section 13501 is provided in a foreign country—
(1) neither the Secretary nor the Board has jurisdiction to impose a requirement over conduct of the motor carrier in the foreign country conflicting with a requirement of that country; but
(2) the motor carrier, as a condition of providing transportation in the United States, shall comply, with respect to all transportation provided between Alaska and the other State, with the requirements of this part related to rates and practices applicable to the transportation.
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 859.)
Prior Provisions
Provisions similar to those in this section were contained in section 10522 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
§13503. Exempt motor vehicle transportation in terminal areas
(a)
(1)
(A) is a transfer, collection, or delivery;
(B) is provided by—
(i) a rail carrier subject to jurisdiction under chapter 105;
(ii) a water carrier subject to jurisdiction under subchapter II of this chapter; or
(iii) a freight forwarder subject to jurisdiction under subchapter III of this chapter; and
(C) is incidental to transportation or service provided by the carrier or freight forwarder that is subject to jurisdiction under chapter 105 of this title or under subchapter II or III of this chapter.
(2)
(b)
(1)
(A) is a transfer, collection, or delivery; and
(B) is provided by a person as an agent or under other arrangement for—
(i) a rail carrier subject to jurisdiction under chapter 105 of this title;
(ii) a motor carrier subject to jurisdiction under this subchapter;
(iii) a water carrier subject to jurisdiction under subchapter II of this chapter; or
(iv) a freight forwarder subject to jurisdiction under subchapter III of this chapter.
(2)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 860.)
Prior Provisions
Provisions similar to those in this section were contained in section 10523 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
§13504. Exempt motor carrier transportation entirely in one State
Neither the Secretary nor the Board has jurisdiction under this subchapter over transportation, except transportation of household goods, by a motor carrier operating solely within the State of Hawaii. The State of Hawaii may regulate transportation exempt from jurisdiction under this section and, to the extent provided by a motor carrier operating solely within the State of Hawaii, transportation exempt under section 13503 of this title.
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 860.)
Prior Provisions
Provisions similar to those in this section were contained in section 10525 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
§13505. Transportation furthering a primary business
(a)
(1) the property is transported by a person engaged in a business other than transportation; and
(2) the transportation is within the scope of, and furthers a primary business (other than transportation) of the person.
(b)
(1)
(2)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 861.)
Prior Provisions
Provisions similar to those in this section were contained in section 10524 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
§13506. Miscellaneous motor carrier transportation exemptions
(a)
(1) a motor vehicle transporting only school children and teachers to or from school;
(2) a motor vehicle providing taxicab service;
(3) a motor vehicle owned or operated by or for a hotel and only transporting hotel patrons between the hotel and the local station of a carrier;
(4) a motor vehicle controlled and operated by a farmer and transporting—
(A) the farmer's agricultural or horticultural commodities and products; or
(B) supplies to the farm of the farmer;
(5) a motor vehicle controlled and operated by a cooperative association (as defined by section 15(a) of the Agricultural Marketing Act (12 U.S.C. 1141j(a))) or by a federation of cooperative associations if the federation has no greater power or purposes than a cooperative association, except that if the cooperative association or federation provides transportation for compensation between a place in a State and a place in another State, or between a place in a State and another place in the same State through another State—
(A) for a nonmember that is not a farmer, cooperative association, federation, or the United States Government, the transportation (except for transportation otherwise exempt under this subchapter)—
(i) shall be limited to transportation incidental to the primary transportation operation of the cooperative association or federation and necessary for its effective performance; and
(ii) may not exceed in each fiscal year 25 percent of the total transportation of the cooperative association or federation between those places, measured by tonnage; and
(B) the transportation for all nonmembers may not exceed in each fiscal year, measured by tonnage, the total transportation between those places for the cooperative association or federation and its members during that fiscal year;
(6) transportation by motor vehicle of—
(A) ordinary livestock;
(B) agricultural or horticultural commodities (other than manufactured products thereof);
(C) commodities listed as exempt in the Commodity List incorporated in ruling numbered 107, March 19, 1958, Bureau of Motor Carriers, Interstate Commerce Commission, other than frozen fruits, frozen berries, frozen vegetables, cocoa beans, coffee beans, tea, bananas, or hemp, or wool imported from a foreign country, wool tops and noils, or wool waste (carded, spun, woven, or knitted);
(D) cooked or uncooked fish, whether breaded or not, or frozen or fresh shellfish, or byproducts thereof not intended for human consumption, other than fish or shellfish that have been treated for preserving, such as canned, smoked, pickled, spiced, corned, or kippered products; and
(E) livestock and poultry feed and agricultural seeds and plants, if such products (excluding products otherwise exempt under this paragraph) are transported to a site of agricultural production or to a business enterprise engaged in the sale to agricultural producers of goods used in agricultural production;
(7) a motor vehicle used only to distribute newspapers;
(8)(A) transportation of passengers by motor vehicle incidental to transportation by aircraft;
(B) transportation of property (including baggage) by motor vehicle as part of a continuous movement which, prior or subsequent to such part of the continuous movement, has been or will be transported by an air carrier or (to the extent so agreed by the United States and approved by the Secretary) by a foreign air carrier; or
(C) transportation of property by motor vehicle in lieu of transportation by aircraft because of adverse weather conditions or mechanical failure of the aircraft or other causes due to circumstances beyond the control of the carrier or shipper;
(9) the operation of a motor vehicle in a national park or national monument;
(10) a motor vehicle carrying not more than 15 individuals in a single, daily roundtrip to commute to and from work;
(11) transportation of used pallets and used empty shipping containers (including intermodal cargo containers), and other used shipping devices (other than containers or devices used in the transportation of motor vehicles or parts of motor vehicles);
(12) transportation of natural, crushed, vesicular rock to be used for decorative purposes;
(13) transportation of wood chips;
(14) brokers for motor carriers of passengers, except as provided in section 13904(d); or
(15) transportation of broken, crushed, or powdered glass.
(b)
(1) transportation provided entirely in a municipality, in contiguous municipalities, or in a zone that is adjacent to, and commercially a part of, the municipality or municipalities, except—
(A) when the transportation is under common control, management, or arrangement for a continuous carriage or shipment to or from a place outside the municipality, municipalities, or zone; or
(B) that in transporting passengers over a route between a place in a State and a place in another State, or between a place in a State and another place in the same State through another State, the transportation is exempt from jurisdiction under this part only if the motor carrier operating the motor vehicle also is lawfully providing intrastate transportation of passengers over the entire route under the laws of each State through which the route runs;
(2) transportation by motor vehicle provided casually, occasionally, or reciprocally but not as a regular occupation or business, except when a broker or other person sells or offers for sale passenger transportation provided by a person authorized to transport passengers by motor vehicle under an application pending, or registration issued, under this part; or
(3) the emergency towing of an accidentally wrecked or disabled motor vehicle.
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 861; amended Pub. L. 105–102, §2(8), Nov. 20, 1997, 111 Stat. 2204; Pub. L. 107–298, §3(b)(1), Nov. 26, 2002, 116 Stat. 2343.)
Historical and Revision Notes
Pub. L. 105–102
This amends 49:13506(a)(5) to correct a grammatical error.
Prior Provisions
Provisions similar to those in this section were contained in section 10526 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Amendments
2002—Subsec. (a)(2). Pub. L. 107–298 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “a motor vehicle providing taxicab service and having a capacity of not more than 6 passengers and not operated on a regular route or between specified places;”.
1997—Subsec. (a)(5). Pub. L. 105–102 substituted “1141j(a)))” for “1141j(a))”.
Abolition of Interstate Commerce Commission
Interstate Commerce Commission abolished by section 101 of Pub. L. 104–88, set out as a note under section 701 of this title.
§13507. Mixed loads of regulated and unregulated property
A motor carrier of property providing transportation exempt from jurisdiction under paragraph (6), (8), (11), (12), or (13) of section 13506(a) may transport property under such paragraph in the same vehicle and at the same time as property which the carrier is authorized to transport under a registration issued under section 13902(a). Such transportation shall not affect the unregulated status of such exempt property or the regulated status of the property which the carrier is authorized to transport under such registration.
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 863.)
Prior Provisions
Provisions similar to those in this section were contained in section 10528 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
§13508. Limited authority over cooperative associations
(a)
(1) inspect and examine the lands, buildings, and equipment of such association or federation; and
(2) inspect and copy any record of such association or federation.
(b)
(c)
(d)
(1)
(A) does not make the report;
(B) does not specifically, completely, and truthfully answer the question; or
(C) does not maintain the record in the form and manner prescribed under this section;
is liable to the United States for a civil penalty of not more than $500 for each violation and for not more than $250 for each additional day the violation continues.
(2)
(A) the cooperative association or federation of cooperative associations has its principal office;
(B) the violation occurred; or
(C) the offender is found.
Process in the action may be served in the judicial district of which the offender is an inhabitant or in which the offender may be found.
(e)
(f)
(1) willfully does not make that report;
(2) willfully does not specifically, completely, and truthfully answer that question in 30 days from the date that the question is required to be answered;
(3) willfully does not maintain that record in the form and manner prescribed;
(4) knowingly and willfully falsifies, destroys, mutilates, or changes that report or record;
(5) knowingly and willfully files a false report or record under this section;
(6) knowingly and willfully makes a false or incomplete entry in that record about a business-related fact or transaction; or
(7) knowingly and willfully maintains a record in violation of a regulation or order issued under this section;
shall be fined not more than $5,000.
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 863.)
Prior Provisions
Provisions similar to those in this section were contained in section 10529 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
SUBCHAPTER II—WATER CARRIER TRANSPORTATION
§13521. General jurisdiction
(a)
(1) by water carrier between a place in a State and a place in another State, even if part of the transportation is outside the United States;
(2) by water carrier and motor carrier from a place in a State to a place in another State; except that if part of the transportation is outside the United States, the Secretary only has jurisdiction over that part of the transportation provided—
(A) by motor carrier that is in the United States; and
(B) by water carrier that is from a place in the United States to another place in the United States; and
(3) by water carrier or by water carrier and motor carrier between a place in the United States and a place outside the United States, to the extent that—
(A) when the transportation is by motor carrier, the transportation is provided in the United States;
(B) when the transportation is by water carrier to a place outside the United States, the transportation is provided by water carrier from a place in the United States to another place in the United States before transshipment from a place in the United States to a place outside the United States; and
(C) when the transportation is by water carrier from a place outside the United States, the transportation is provided by water carrier from a place in the United States to another place in the United States after transshipment to a place in the United States from a place outside the United States.
(b)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 865.)
Prior Provisions
Provisions similar to those in this section were contained in section 10541 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
SUBCHAPTER III—FREIGHT FORWARDER SERVICE
§13531. General jurisdiction
(a)
(1) a place in a State and a place in another State, even if part of the transportation is outside the United States;
(2) a place in a State and another place in the same State through a place outside the State; or
(3) a place in the United States and a place outside the United States.
(b)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 865.)
Prior Provisions
Provisions similar to those in this section were contained in section 10561 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
SUBCHAPTER IV—AUTHORITY TO EXEMPT
§13541. Authority to exempt transportation or services
(a)
(1) is not necessary to carry out the transportation policy of section 13101;
(2) is not needed to protect shippers from the abuse of market power or that the transaction or service is of limited scope; and
(3) is in the public interest.
(b)
(c)
(d)
(e)
(1)
(2)
(f)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 866.)
Prior Provisions
Provisions similar to those in this section were contained in section 10505 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Abolition of Interstate Commerce Commission
Interstate Commerce Commission abolished by section 101 of Pub. L. 104–88, set out as a note under section 701 of this title.
CHAPTER 137—RATES AND THROUGH ROUTES
§13701. Requirements for reasonable rates, classifications, through routes, rules, and practices for certain transportation
(a)
(1)
(A) a movement of household goods,
(B) a rate for a movement by or with a water carrier in noncontiguous domestic trade, or
(C) rates, rules, and classifications made collectively by motor carriers under agreements approved pursuant to section 13703,
must be reasonable.
(2)
(b)
(c)
(d)
(1)
(2)
(3)
(4)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 867.)
Prior Provisions
Provisions similar to those in this section were contained in sections 10701, 10704, and 10705 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Effective Date
Chapter effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 701 of this title.
§13702. Tariff requirement for certain transportation
(a)
(1) in noncontiguous domestic trade, except with regard to bulk cargo, forest products, recycled metal scrap, waste paper, and paper waste; or
(2) for movement of household goods;
only if the rate for such transportation or service is contained in a tariff that is in effect under this section. The carrier may not charge or receive a different compensation for the transportation or service than the rate specified in the tariff, whether by returning a part of that rate to a person, giving a person a privilege, allowing the use of a facility that affects the value of that transportation or service, or another device. A rate contained in a tariff shall be stated in money of the United States.
(b)
(1)
(2)
(A) the carriers that are parties to it;
(B) the places between which property will be transported;
(C) terminal charges if a carrier provides transportation or service subject to jurisdiction under subchapter III of chapter 135;
(D) privileges given and facilities allowed; and
(E) any rules that change, affect, or determine any part of the published rate.
(3)
(4)
(5)
(A) publish new tariffs that incorporate changes, or
(B) plainly indicate the proposed changes in the tariffs then in effect and make the tariffs as changed available for public inspection.
(6)
(c)
(1)
(2)
(3)
(4)
(5)
(d)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 868.)
Prior Provisions
Provisions similar to those in this section were contained in sections 10761 and 10762 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
§13703. Certain collective activities; exemption from antitrust laws
(a)
(1)
(A) through routes and joint rates;
(B) rates for the transportation of household goods;
(C) classifications;
(D) mileage guides;
(E) rules;
(F) divisions;
(G) rate adjustments of general application based on industry average carrier costs (so long as there is no discussion of individual markets or particular single-line rates); or
(H) procedures for joint consideration, initiation, or establishment of matters described in subparagraphs (A) through (G).
(2)
(3)
(4)
(5)
(A)
(B)
(6)
(b)
(c)
(1)
(A) approving an agreement,
(B) denying, ending, or changing approval,
(C) prescribing the conditions on which approval is granted, or
(D) changing those conditions,
has effect only as related to application of the antitrust laws referred to in subsection (a).
(2)
(d)
(1)
(2)
(e)
(1)
(2)
(f)
(1)
(A)
(B)
(i)
(ii)
(2)
(A) is a participant in a publication of mileages formulated under an agreement approved under this section; or
(B) uses a publication of mileage (other than a publication described in subparagraph (A)) that can be examined by any interested person upon reasonable request.
(g)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 869; amended Pub. L. 104–287, §5(28), Oct. 11, 1996, 110 Stat. 3391; Pub. L. 105–102, §2(9), Nov. 20, 1997, 111 Stat. 2204; Pub. L. 106–159, title II, §227, Dec. 9, 1999, 113 Stat. 1772; Pub. L. 108–7, div. I, title III, §354, Feb. 20, 2003, 117 Stat. 421.)
Historical and Revision Notes
Pub. L. 105–102
This amends 49:13703(a)(2) to correct an erroneous cross-reference.
References in Text
The date of the enactment of this paragraph, referred to in subsecs. (c)(2) and (d)(2), is the date of enactment of Pub. L. 106–159, which was approved Dec. 9, 1999.
Former section 10706(b), referred to in subsec. (d)(1), probably means section 10706(b) of this title as in effect before that section was omitted and a new section 10706 enacted in the general amendment of this subtitle by Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 804, 812.
Section 227 of the Motor Carrier Safety Improvement Act of 1999, referred to in subsec. (d)(2), is section 227 of Pub. L. 106–159, which amended this section. See 1999 Amendment notes below.
The ICC Termination Act of 1995, referred to in subsec. (e)(2), is Pub. L. 104–88, Dec. 29, 1995, 109 Stat. 803. For complete classification of this Act to the Code, see Short Title of 1995 Amendment note set out under section 101 of this title and Tables.
Prior Provisions
Provisions similar to those in this section were contained in section 10706 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Amendments
2003—Subsecs. (d) to (h). Pub. L. 108–7 redesignated subsecs. (e) to (h) as (d) to (g), respectively, and struck out heading and text of former subsec. (d). Text read as follows: “The Board shall not take any action that would permit the establishment of nationwide collective ratemaking authority.”
1999—Subsec. (c). Pub. L. 106–159, §227(a), designated introductory provisions as par. (1) and inserted heading, redesignated former pars. (1) to (4) as subpars. (A) to (D), respectively, of par. (1) and realigned their margins, and added par. (2).
Subsec. (d). Pub. L. 106–159, §227(b), amended heading and text of subsec. (d) generally. Prior to amendment, text read as follows: “Subject to subsection (c), approval of an agreement under subsection (a) shall expire 3 years after the date of approval unless renewed under this subsection. The approval may be renewed upon request of the parties to the agreement if such parties resubmit the agreement to the Board, the agreement is unchanged, and the Board approves such renewal. The Board shall approve the renewal unless it finds that the renewal is not in the public interest. Parties to the agreement may continue to undertake activities pursuant to the previously approved agreement while the renewal request is pending.”
Subsec. (e). Pub. L. 106–159, §227(c), designated existing provisions as par. (1), inserted par. heading, and added par. (2).
1997—Subsec. (a)(2). Pub. L. 105–102 substituted “paragraph (1)” for “subsection (a)”.
1996—Subsec. (e). Pub. L. 104–287, §5(28)(A), substituted “December 31, 1995,” for “the day before the effective date of this section” and “January 1, 1996” for “such effective date”.
Subsec. (f)(2). Pub. L. 104–287, §5(28)(B), substituted “December 31, 1995” for “the day before the effective date of this section”.
Abolition of Interstate Commerce Commission
Interstate Commerce Commission abolished by section 101 of Pub. L. 104–88, set out as a note under section 701 of this title.
§13704. Household goods rates—estimates; guarantees of service
(a)
(1)
(2)
(b)
(1)
(2)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 872.)
Prior Provisions
Provisions similar to those in this section were contained in section 10735 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
§13705. Requirements for through routes among motor carriers of passengers
(a)
(b)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 872.)
Prior Provisions
Provisions similar to those in this section were contained in sections 10703 and 10705 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
§13706. Liability for payment of rates
(a)
(1) of the agency and absence of beneficial title; and
(2) of the name and address of the beneficial owner of the property if it is reconsigned or diverted to a place other than the place specified in the original bill of lading.
(b)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 872.)
Prior Provisions
Provisions similar to those in this section were contained in section 10744 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
§13707. Payment of rates
(a)
(b)
(1)
(2)
(3)
(A)
(i) 100 percent of the charges contained in a binding estimate provided by the carrier;
(ii) not more than 110 percent of the charges contained in a nonbinding estimate provided by the carrier; or
(iii) in the case of a partial delivery of the shipment, the prorated percentage of the charges calculated in accordance with subparagraph (B).
(B)
(C)
(D)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 873; amended Pub. L. 109–59, title IV, §4203, Aug. 10, 2005, 119 Stat. 1752.)
Prior Provisions
Provisions similar to those in this section were contained in section 10743 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Amendments
2005—Subsec. (b)(3). Pub. L. 109–59 added par. (3).
§13708. Billing and collecting practices
(a)
(b)
(c)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 873.)
Prior Provisions
Provisions similar to those in this section were contained in section 10767 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
§13709. Procedures for resolving claims involving unfiled, negotiated transportation rates
(a)
(1)
(A) the carrier or freight forwarder is no longer transporting property or is transporting property for the purpose of avoiding the application of this section; and
(B) with respect to the claim—
(i) the person was offered a transportation rate by the carrier or freight forwarder other than that legally on file at the time with the Board or with the Interstate Commerce Commission, as required, for the transportation service;
(ii) the person tendered freight to the carrier or freight forwarder in reasonable reliance upon the offered transportation rate;
(iii) the carrier or freight forwarder did not properly or timely file with the Board or with the Interstate Commerce Commission, as required, a tariff providing for such transportation rate or failed to enter into an agreement for contract carriage;
(iv) such transportation rate was billed and collected by the carrier or freight forwarder; and
(v) the carrier or freight forwarder demands additional payment of a higher rate filed in a tariff.
(2)
(3)
(b)
(c)
(d)
(e)
(f)
(g)
(1)
(2)
(A) the 60th day following the filing of an answer to a suit for the collection of such additional legally applicable freight rate or charges, or
(B) March 5, 1994.
(3)
(4)
(A) the 60th day following the filing of an answer to a suit for the collection of such additional legally applicable freight rate or charges, or
(B) March 5, 1994.
(h)
(1)
(A) if such person qualifies as a small-business concern under the Small Business Act (15 U.S.C. 631 et seq.),
(B) if such person is an organization which is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code, or
(C) if the cargo involved in the claim is recyclable materials.
(2)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 874; amended Pub. L. 104–287, §5(29), Oct. 11, 1996, 110 Stat. 3391.)
Historical and Revision Notes
Pub. L. 104–287, §5(29)(A)
This amends 49:13709(a)(1) and (3) for clarity and consistency.
Pub. L. 104–287, §5(29)(B)
This amends 49:13709(e) by setting out the effective date for 49:13709 and for clarity and consistency.
References in Text
Subchapter II of chapter 105, referred to in subsec. (a)(1), was omitted in the general amendment of this subtitle by Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 804, effective Jan. 1, 1996.
Chapter 119, referred to in subsec. (a)(3), was omitted and a new chapter 119 enacted in the general amendment of this subtitle by Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 804, 849, effective Jan. 1, 1996.
The Small Business Act, referred to in subsec. (h)(1)(A), is Pub. L. 85–536, §2(1 et seq.), July 18, 1958, 72 Stat. 384, which is classified generally to chapter 14A (§631 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 631 of Title 15 and Tables.
Section 501 of the Internal Revenue Code of 1986, referred to in subsec. (h)(1)(B), is classified to section 501 of Title 26, Internal Revenue Code.
Prior Provisions
Provisions similar to those in this section were contained in section 10701 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Amendments
1996—Subsec. (a)(1), (3). Pub. L. 104–287, §5(29)(A), substituted “December 31, 1995” for “the day before the effective date of this section”.
Subsec. (e). Pub. L. 104–287, §5(29)(B), substituted “January 1, 1996” for “the effective date of this section” and “December 31, 1995” for “the day before such effective date”.
Abolition of Interstate Commerce Commission
Interstate Commerce Commission abolished by section 101 of Pub. L. 104–88, set out as a note under section 701 of this title.
§13710. Additional billing and collecting practices
(a)
(1)
(2)
(3)
(A)
(B)
(4)
(b)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 876; amended Pub. L. 104–287, §5(30), Oct. 11, 1996, 110 Stat. 3391.)
Historical and Revision Notes
Pub. L. 104–287, §5(30)(A)
This sets out the effective date of 49:13710.
Pub. L. 104–287, §5(30)(B)
This amends 49:13710(b) by setting out the effective date for 49:13710 and for clarity and consistency.
References in Text
Subchapter II of chapter 105, referred to in subsec. (b), was omitted in the general amendment of this subtitle by Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 804, effective Jan. 1, 1996.
Prior Provisions
Provisions similar to those in this section were contained in sections 10762 and 11101 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Amendments
1996—Subsec. (a)(4). Pub. L. 104–287, §5(30)(A), substituted “January 1, 1996,” for “the effective date of this section”.
Subsec. (b). Pub. L. 104–287, §5(30)(B), substituted “December 31, 1995” for “the day before the effective date of this section” and “January 1, 1996,” for “the effective date of this section”.
Abolition of Interstate Commerce Commission
Interstate Commerce Commission abolished by section 101 of Pub. L. 104–88, set out as a note under section 701 of this title.
§13711. Alternative procedure for resolving undercharge disputes
(a)
(b)
(1)
(2)
(A) whether the person was offered a transportation rate by the carrier or freight forwarder or party other than that legally on file with the Interstate Commerce Commission or the Board, as required, at the time of the movement for the transportation service;
(B) whether the person tendered freight to the carrier or freight forwarder in reasonable reliance upon the offered transportation rate;
(C) whether the carrier or freight forwarder did not properly or timely file with the Interstate Commerce Commission or the Board, as required, a tariff providing for such transportation rate or failed to enter into an agreement for contract carriage;
(D) whether the transportation rate was billed and collected by the carrier or freight forwarder; and
(E) whether the carrier or freight forwarder or party demands additional payment of a higher rate filed in a tariff.
(c)
(d)
(e)
(f)
(g)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 877; amended Pub. L. 104–287, §5(31), Oct. 11, 1996, 110 Stat. 3391.)
Historical and Revision Notes
Pub. L. 104–287
This amends 49:13711(a), (d), and (g) by setting out the effective date of 49:13711 and for clarity and consistency.
References in Text
Subchapter II of chapter 105, referred to in subsec. (a), was omitted in the general amendment of this subtitle by Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 804, effective Jan. 1, 1996.
Chapter 107, as in effect on the date transportation was provided, referred to in subsec. (a), means chapter 107 of this title, as in effect on the date transportation was provided with respect to transportation provided before Jan. 1, 1996. Chapter 107 (§10701 et seq.) was omitted and a new chapter 107 enacted in the general amendment of this subtitle by Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 804, 809, effective Jan. 1, 1996.
Sections 10761(a) and 10762, referred to in subsec. (d), were omitted in the general amendment of this subtitle by Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 804, effective Jan. 1, 1996.
Prior Provisions
Provisions similar to those in this section were contained in section 2(e) of Pub. L. 103–180, set out as a note under former section 10701 of this title.
Amendments
1996—Subsec. (a). Pub. L. 104–287, §5(31)(A), substituted “or, before January 1, 1996” for “or, before the effective date of this section”, “December 31, 1995” for “the day before the effective date of this section”, and “provided before January 1, 1996” for “provided before the effective date of this section”.
Subsec. (d). Pub. L. 104–287, §5(31)(B), substituted “January 1, 1996” for “the effective date of this section” and “December 31, 1995” for “the day before such effective date”.
Subsec. (g). Pub. L. 104–287, §5(31)(C), substituted “January 1, 1996” for “the effective date of this section”.
Abolition of Interstate Commerce Commission
Interstate Commerce Commission abolished by section 101 of Pub. L. 104–88, set out as a note under section 701 of this title.
§13712. Government traffic
A carrier providing transportation or service for the United States Government may transport property or individuals for the United States Government without charge or at a rate reduced from the applicable commercial rate. Section 3709 of the Revised Statutes (41 U.S.C. 5) does not apply when transportation for the United States Government can be obtained from a carrier lawfully operating in the area where the transportation would be provided.
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 879.)
Prior Provisions
Provisions similar to those in this section were contained in section 10721 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
§13713. Food and grocery transportation
(a)
(b)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 879.)
Prior Provisions
Provisions similar to those in this section were contained in section 10732 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
CHAPTER 139—REGISTRATION
Amendments
2005—Pub. L. 109–59, title IV, §4303(d)(2), Aug. 10, 2005, 119 Stat. 1763, inserted “motor private carriers,” after “motor carriers,” in item 13906.
§13901. Requirement for registration
A person may provide transportation or service subject to jurisdiction under subchapter I or III of chapter 135 or be a broker for transportation subject to jurisdiction under subchapter I of that chapter, only if the person is registered under this chapter to provide the transportation or service.
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 879.)
Prior Provisions
Provisions similar to those in this section were contained in section 10921 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Effective Date
Chapter effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 701 of this title.
§13902. Registration of motor carriers
(a)
(1)
(A) this part and the applicable regulations of the Secretary and the Board;
(B)(i) any safety regulations imposed by the Secretary;
(ii) the duties of employers and employees established by the Secretary under section 31135; and
(iii) the safety fitness requirements established by the Secretary under section 31144; and
(C) the minimum financial responsibility requirements established by the Secretary pursuant to sections 13906 and 31138.
(2)
(A) provides evidence of participation in an arbitration program and provides a copy of the notice of the arbitration program as required by section 14708(b)(2);
(B) identifies its tariff and provides a copy of the notice of the availability of that tariff for inspection as required by section 13702(c);
(C) provides evidence that it has access to, has read, is familiar with, and will observe all applicable Federal laws relating to consumer protection, estimating, consumers’ rights and responsibilities, and options for limitations of liability for loss and damage; and
(D) discloses any relationship involving common stock, common ownership, common management, or common familial relationships between that person and any other motor carrier, freight forwarder, or broker of household goods within 3 years of the proposed date of registration.
(3)
(4)
(5)
(b)
(1)
(2)
(A)
(i) the recipient meets the requirements of subsection (a)(1); and
(ii)(I) no motor carrier of passengers (other than a motor carrier of passengers which is a public recipient of governmental assistance) is providing, or is willing to provide, the transportation; or
(II) the transportation is to be provided entirely in the area in which the public recipient provides regularly scheduled mass transportation services.
(B)
(C)
(3)
(4)
(5)
(6)
(7)
(8)
(A)
(i) any State,
(ii) any municipality or other political subdivision of a State,
(iii) any public agency or instrumentality of one or more States and municipalities and political subdivisions of a State,
(iv) any Indian tribe, and
(v) any corporation, board, or other person owned or controlled by any entity described in clause (i), (ii), (iii), or (iv),
which before, on, or after January 1, 1996, received governmental assistance for the purchase or operation of any bus.
(B)
(c)
(1)
(A) seek elimination of such practices through consultations; or
(B) notwithstanding any other provision of law, suspend, modify, amend, condition, or restrict operations, including geographical restriction of operations, in the United States by motor carriers of property or passengers domiciled in such foreign country or owned or controlled by persons of such foreign country.
(2)
(3)
(4)
(A) operations of motor carriers of property or passengers domiciled in any contiguous foreign country or owned or controlled by persons of any contiguous foreign country permitted in the commercial zones along the United States-Mexico border as such zones were defined on December 31, 1995; or
(B) any existing restrictions on operations of motor carriers of property or passengers domiciled in any contiguous foreign country or owned or controlled by persons of any contiguous foreign country or any modifications thereof pursuant to section 6 of the Bus Regulatory Reform Act of 1982.
(5)
(6)
(7)
(8)
(d)
(1)
(A) as a motor common carrier if such person would have been issued a certificate to provide transportation as a motor common carrier under this subtitle on December 31, 1995; and
(B) as a motor contract carrier if such person would have been issued a permit to provide transportation as a motor contract carrier under this subtitle on such day.
(2)
(3)
(e)
(1)
(2)
(f)
(1)
(A) may not register a motor carrier under this section as a motor common carrier or a motor contract carrier;
(B) shall register applicants under this section as motor carriers; and
(C) shall issue any motor carrier registered under this section after that date a motor carrier certificate of registration that specifies whether the holder of the certificate may provide transportation of persons, household goods, other property, or any combination thereof.
(2)
(A) subsection (d) of this section, as that section was in effect before the transition termination date; or
(B) any other provision of this title that was in effect before the transition termination date.
(3)
(g)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 880; amended Pub. L. 104–287, §5(32), Oct. 11, 1996, 110 Stat. 3391; Pub. L. 106–159, title II, §205, Dec. 9, 1999, 113 Stat. 1762; Pub. L. 109–59, title IV, §§4113(b), 4204, 4303(c), Aug. 10, 2005, 119 Stat. 1725, 1753, 1762.)
Historical and Revision Notes
Pub. L. 104–287, §5(32)(A)
This amends 49:13902(b)(8)(A) to correct a grammatical error and to set out the effective date of 49:13902(b).
Pub. L. 104–287, §5(32)(B)
This sets out the effective date of 49:13902(b)(8).
Pub. L. 104–287, §5(32)(C)
This amends 49:13902(c)(4)(A) and (d)(1) and (2) for clarity and consistency.
References in Text
Section 6 of the Bus Regulatory Reform Act of 1982, referred to in subsec. (c)(4)(B), is section 6 of Pub. L. 97–261, Sept. 20, 1982, 96 Stat. 1103, which amended former sections 10102, 10322, 10521, 10922, and 11711 of this title, section 250 of Title 26, Internal Revenue Code, and former section 5201 of Title 39, Postal Service.
Section 4481 of the Internal Revenue Code of 1986, referred to in subsec. (c)(8), is classified to section 4481 of Title 26, Internal Revenue Code.
Section 10102, referred to in subsec. (d)(2), was omitted and a new section 10102 enacted in the general amendment of this subtitle by Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 804, 806, effective Jan. 1, 1996.
The date of enactment of the Unified Carrier Registration Act of 2005, referred to in subsec. (f)(3), is the date of enactment of subtitle C of title IV of Pub. L. 109–59, which was approved Aug. 10, 2005.
Prior Provisions
Provisions similar to those in this section were contained in section 10922 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Amendments
2005—Subsec. (a)(1)(B). Pub. L. 109–59, §4113(b), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “any safety regulations imposed by the Secretary and the safety fitness requirements established by the Secretary under section 31144; and”.
Subsec. (a)(2), (3). Pub. L. 109–59, §4204(1), (3), added pars. (2) and (3) and struck out former pars. (2) and (3) which read as follows:
“(2)
“(3)
Subsec. (a)(4). Pub. L. 109–59, §4204(3), added par. (4). Former par. (4) redesignated (5).
Subsec. (a)(5). Pub. L. 109–59, §4204(2), (4), redesignated par. (4) as (5) and inserted at end “In the case of a registration for the transportation of household goods as a household goods motor carrier, the Secretary may also hear a complaint on the ground that the registrant fails or will fail to comply with the requirements of paragraph (2) of this subsection.”
Subsec. (d)(3). Pub. L. 109–59, §4303(c)(1), added par. (3).
Subsecs. (f), (g). Pub. L. 109–59, §4303(c)(2), added subsec. (f) and redesignated former subsec. (f) as (g).
1999—Subsecs. (e), (f). Pub. L. 106–159 added subsec. (e) and redesignated former subsec. (e) as (f).
1996—Subsec. (b)(8)(A). Pub. L. 104–287, §5(32)(A), inserted “and” after “any Indian tribe,” in cl. (iv), struck out “and” after “clause (i), (ii), (iii), or (iv),” in cl. (v), and substituted “January 1, 1996,” for “the effective date of this subsection” in concluding provisions.
Subsec. (b)(8)(B). Pub. L. 104–287, §5(32)(B), substituted “January 1, 1996,” for “the effective date of this paragraph”.
Subsecs. (c)(4)(A), (d)(1)(A), (2). Pub. L. 104–287, §5(32)(C), substituted “December 31, 1995” for “the day before the effective date of this section”.
Regulations
Pub. L. 109–59, title IV, §4308, Aug. 10, 2005, 119 Stat. 1774, provided that: “The Secretary [of Transportation] may issue such regulations as the Secretary determines are necessary to carry out this subtitle [subtitle C (§§4301–4308) of title IV of Pub. L. 109–59, see Short Title of 2005 Amendment note set out under section 10101 of this title] and the amendments made by this subtitle.”
Authority of Mexican Motor Carriers To Operate Beyond United States Municipalities and Commercial Zones on United States-Mexico Border
Pub. L. 110–28, title VI, §6901, May 25, 2007, 121 Stat. 183, provided that:
“(a) Hereafter, funds limited or appropriated for the Department of Transportation may be obligated or expended to grant authority to a Mexico-domiciled motor carrier to operate beyond United States municipalities and commercial zones on the United States-Mexico border only to the extent that—
“(1) granting such authority is first tested as part of a pilot program;
“(2) such pilot program complies with the requirements of section 350 of Public Law 107–87 [set out below] and the requirements of section 31315(c) of title 49, United States Code, related to pilot programs; and
“(3) simultaneous and comparable authority to operate within Mexico is made available to motor carriers domiciled in the United States.
“(b) Prior to the initiation of the pilot program described in subsection (a) in any fiscal year—
“(1) the Inspector General of the Department of Transportation shall transmit to Congress and the Secretary of Transportation a report verifying compliance with each of the requirements of subsection (a) of section 350 of Public Law 107–87, including whether the Secretary of Transportation has established sufficient mechanisms to apply Federal motor carrier safety laws and regulations to motor carriers domiciled in Mexico that are granted authority to operate beyond the United States municipalities and commercial zones on the United States-Mexico border and to ensure compliance with such laws and regulations; and
“(2) the Secretary of Transportation shall—
“(A) take such action as may be necessary to address any issues raised in the report of the Inspector General under subsection (b)(1) and submit a report to Congress detailing such actions; and
“(B) publish in the Federal Register, and provide sufficient opportunity for public notice and comment—
“(i) comprehensive data and information on the pre-authorization safety audits conducted before and after the date of enactment of this Act [May 25, 2007] of motor carriers domiciled in Mexico that are granted authority to operate beyond the United States municipalities and commercial zones on the United States-Mexico border;
“(ii) specific measures to be required to protect the health and safety of the public, including enforcement measures and penalties for noncompliance;
“(iii) specific measures to be required to ensure compliance with section 391.11(b)(2) and section 365.501(b) of title 49, Code of Federal Regulations;
“(iv) specific standards to be used to evaluate the pilot program and compare any change in the level of motor carrier safety as a result of the pilot program; and
“(v) a list of Federal motor carrier safety laws and regulations, including the commercial drivers license requirements, for which the Secretary of Transportation will accept compliance with a corresponding Mexican law or regulation as the equivalent to compliance with the United States law or regulation, including for each law or regulation an analysis as to how the corresponding United States and Mexican laws and regulations differ.
“(c) During and following the pilot program described in subsection (a), the Inspector General of the Department of Transportation shall monitor and review the conduct of the pilot program and submit to Congress and the Secretary of Transportation an interim report, 6 months after the commencement of the pilot program, and a final report, within 60 days after the conclusion of the pilot program. Such reports shall address whether—
“(1) the Secretary of Transportation has established sufficient mechanisms to determine whether the pilot program is having any adverse effects on motor carrier safety;
“(2) Federal and State monitoring and enforcement activities are sufficient to ensure that participants in the pilot program are in compliance with all applicable laws and regulations; and
“(3) the pilot program consists of a representative and adequate sample of Mexico-domiciled carriers likely to engage in cross-border operations beyond United States municipalities and commercial zones on the United States-Mexico border.
“(d) In the event that the Secretary of Transportation in any fiscal year seeks to grant operating authority for the purpose of initiating cross-border operations beyond United States municipalities and commercial zones on the United States-Mexico border either with Mexico-domiciled motor coaches or Mexico-domiciled commercial motor vehicles carrying placardable quantities of hazardous materials, such activities shall be initiated only after the conclusion of a separate pilot program limited to vehicles of the pertinent type. Each such separate pilot program shall follow the same requirements and processes stipulated under subsections (a) through (c) of this section and shall be planned, conducted and evaluated in concert with the Department of Homeland Security or its Inspector General, as appropriate, so as to address any and all security concerns associated with such cross-border operations.”
Relationship to Other Laws
Pub. L. 109–59, title IV, §4302, Aug. 10, 2005, 119 Stat. 1761, provided that: “Except as provided in section 14504 of title 49, United States Code, and sections 14504a and 14506 of title 49, United States Code, as added by this subtitle, this subtitle [subtitle C (§§4301–4308) of title IV of Pub. L. 109–59, see Short Title of 2005 Amendment note set out under section 10101 of this title] is not intended to prohibit any State or any political subdivision of any State from enacting, imposing, or enforcing any law or regulation with respect to a motor carrier, motor private carrier, broker, freight forwarder, or leasing company that is not otherwise prohibited by law.”
Safety of Cross-Border Trucking Between United States and Mexico
Pub. L. 107–87, title III, §350, Dec. 18, 2001, 115 Stat. 864, provided that:
“(a) No funds limited or appropriated in this Act [see Tables for classification] may be obligated or expended for the review or processing of an application by a Mexican motor carrier for authority to operate beyond United States municipalities and commercial zones on the United States-Mexico border until the Federal Motor Carrier Safety Administration—
“(1)(A) requires a safety examination of such motor carrier to be performed before the carrier is granted conditional operating authority to operate beyond United States municipalities and commercial zones on the United States-Mexico border;
“(B) requires the safety examination to include—
“(i) verification of available performance data and safety management programs;
“(ii) verification of a drug and alcohol testing program consistent with part 40 of title 49, Code of Federal Regulations;
“(iii) verification of that motor carrier's system of compliance with hours-of-service rules, including hours-of-service records;
“(iv) verification of proof of insurance;
“(v) a review of available data concerning that motor carrier's safety history, and other information necessary to determine the carrier's preparedness to comply with Federal Motor Carrier Safety rules and regulations and Hazardous Materials rules and regulations;
“(vi) an inspection of that Mexican motor carrier's commercial vehicles to be used under such operating authority, if any such commercial vehicles have not received a decal from the inspection required in subsection (a)(5);
“(vii) an evaluation of that motor carrier's safety inspection, maintenance, and repair facilities or management systems, including verification of records of periodic vehicle inspections;
“(viii) verification of drivers’ qualifications, including a confirmation of the validity of the Licencia de Federal de Conductor of each driver of that motor carrier who will be operating under such authority; and
“(ix) an interview with officials of that motor carrier to review safety management controls and evaluate any written safety oversight policies and practices.
“(C) requires that—
“(i) Mexican motor carriers with three or fewer commercial vehicles need not undergo on-site safety examination; however 50 percent of all safety examinations of all Mexican motor carriers shall be conducted onsite; and
“(ii) such on-site inspections shall cover at least 50 percent of estimated truck traffic in any year.
“(2) requires a full safety compliance review of the carrier consistent with the safety fitness evaluation procedures set forth in part 385 of title 49, Code of Federal Regulations, and gives the motor carrier a satisfactory rating, before the carrier is granted permanent operating authority to operate beyond United States municipalities and commercial zones on the United States-Mexico border, and requires that any such safety compliance review take place within 18 months of that motor carrier being granted conditional operating authority, provided that—
“(A) Mexican motor carriers with three or fewer commercial vehicles need not undergo onsite compliance review; however 50 percent of all compliance reviews of all Mexican motor carriers shall be conducted on-site; and
“(B) any Mexican motor carrier with 4 or more commercial vehicles that did not undergo an on-site safety exam under (a)(1)(C), shall undergo an on-site safety compliance review under this section.
“(3) requires Federal and State inspectors to verify electronically the status and validity of the license of each driver of a Mexican motor carrier commercial vehicle crossing the border;
“(A) for every such vehicle carrying a placardable quantity of hazardous materials;
“(B) whenever the inspection required in subsection (a)(5) is performed; and
“(C) randomly for other Mexican motor carrier commercial vehicles, but in no case less than 50 percent of all other such commercial vehicles.
“(4) gives a distinctive Department of Transportation number to each Mexican motor carrier operating beyond the commercial zone to assist inspectors in enforcing motor carrier safety regulations including hours-of-service rules under part 395 of title 49, Code of Federal Regulations;
“(5) requires, with the exception of Mexican motor carriers that have been granted permanent operating authority for three consecutive years—
“(A) inspections of all commercial vehicles of Mexican motor carriers authorized, or seeking authority to operate beyond United States municipalities and commercial zones on the United States-Mexico border that do not display a valid Commercial Vehicle Safety Alliance inspection decal, by certified inspectors in accordance with the requirements for a Level I Inspection under the criteria of the North American Standard Inspection (as defined in section 350.105 of title 49, Code of Federal Regulations), including examination of the driver, vehicle exterior and vehicle under-carriage;
“(B) a Commercial Vehicle Safety Alliance decal to be affixed to each such commercial vehicle upon completion of the inspection required by clause (A) or a re-inspection if the vehicle has met the criteria for the Level I inspection; and
“(C) that any such decal, when affixed, expire at the end of a period of not more than 90 days, but nothing in this paragraph shall be construed to preclude the Administration from requiring reinspection of a vehicle bearing a valid inspection decal or from requiring that such a decal be removed when a certified Federal or State inspector determines that such a vehicle has a safety violation subsequent to the inspection for which the decal was granted.
“(6) requires State inspectors who detect violations of Federal motor carrier safety laws or regulations to enforce them or notify Federal authorities of such violations;
“(7)(A) equips all United States-Mexico commercial border crossings with scales suitable for enforcement action; equips 5 of the 10 such crossings that have the highest volume of commercial vehicle traffic with weigh-in-motion (WIM) systems; ensures that the remaining 5 such border crossings are equipped within 12 months; requires inspectors to verify the weight of each Mexican motor carrier commercial vehicle entering the United States at said WIM equipped high volume border crossings; and
“(B) initiates a study to determine which other crossings should also be equipped with weigh-in-motion systems;
“(8) the Federal Motor Carrier Safety Administration has implemented a policy to ensure that no Mexican motor carrier will be granted authority to operate beyond United States municipalities and commercial zones on the United States-Mexico border unless that carrier provides proof of valid insurance with an insurance company licensed in the United States;
“(9) requires commercial vehicles operated by a Mexican motor carrier to enter the United States only at commercial border crossings where and when a certified motor carrier safety inspector is on duty and where adequate capacity exists to conduct a sufficient number of meaningful vehicle safety inspections and to accommodate vehicles placed out-of-service as a result of said inspections.
“(10) publishes—
“(A) interim final regulations under section 210(b) of the Motor Carrier Safety Improvement Act of 1999 [Pub. L. 106–159] (49 U.S.C. 31144 note) that establish minimum requirements for motor carriers, including foreign motor carriers, to ensure they are knowledgeable about Federal safety standards, that may include the administration of a proficiency examination;
“(B) interim final regulations under section 31148 of title 49, United States Code, that implement measures to improve training and provide for the certification of motor carrier safety auditors;
“(C) a policy under sections 218(a) and (b) of that Act (49 U.S.C. 31133 note) establishing standards for the determination of the appropriate number of Federal and State motor carrier inspectors for the United States-Mexico border;
“(D) a policy under section 219(d) of that Act (49 U.S.C. 14901 note) that prohibits foreign motor carriers from leasing vehicles to another carrier to transport products to the United States while the lessor is subject to a suspension, restriction, or limitation on its right to operate in the United States; and
“(E) a policy under section 219(a) of that Act (49 U.S.C. 14901 note) that prohibits foreign motor carriers from operating in the United States that is found to have operated illegally in the United States.
“(b) No vehicles owned or leased by a Mexican motor carrier and carrying hazardous materials in a placardable quantity may be permitted to operate beyond a United States municipality or commercial zone until the United States has completed an agreement with the Government of Mexico which ensures that drivers of such vehicles carrying such placardable quantities of hazardous materials meet substantially the same requirements as United States drivers carrying such materials.
“(c) No vehicles owned or leased by a Mexican motor carrier may be permitted to operate beyond United States municipalities and commercial zones under conditional or permanent operating authority granted by the Federal Motor Carrier Safety Administration until—
“(1) the Department of Transportation Inspector General conducts a comprehensive review of border operations within 180 days of enactment [probably means date of enactment of this Act, which was approved Dec. 18, 2001] to verify that—
“(A) all new inspector positions funded under this Act [see Tables for classification] have been filled and the inspectors have been fully trained;
“(B) each inspector conducting on-site safety compliance reviews in Mexico consistent with the safety fitness evaluation procedures set forth in part 385 of title 49, Code of Federal Regulations, is fully trained as a safety specialist;
“(C) the requirement of subparagraph (a)(2) has not been met by transferring experienced inspectors from other parts of the United States to the United States-Mexico border, undermining the level of inspection coverage and safety elsewhere in the United States;
“(D) the Federal Motor Carrier Safety Administration has implemented a policy to ensure compliance with hours-of-service rules under part 395 of title 49, Code of Federal Regulations, by Mexican motor carriers seeking authority to operate beyond United States municipalities and commercial zones on the United States-Mexico border;
“(E) the information infrastructure of the Mexican government is sufficiently accurate, accessible, and integrated with that of United States enforcement authorities to allow United States authorities to verify the status and validity of licenses, vehicle registrations, operating authority and insurance of Mexican motor carriers while operating in the United States, and that adequate telecommunications links exist at all United States-Mexico border crossings used by Mexican motor carrier commercial vehicles, and in all mobile enforcement units operating adjacent to the border, to ensure that licenses, vehicle registrations, operating authority and insurance information can be easily and quickly verified at border crossings or by mobile enforcement units;
“(F) there is adequate capacity at each United States-Mexico border crossing used by Mexican motor carrier commercial vehicles to conduct a sufficient number of meaningful vehicle safety inspections and to accommodate vehicles placed out-of-service as a result of said inspections;
“(G) there is an accessible database containing sufficiently comprehensive data to allow safety monitoring of all Mexican motor carriers that apply for authority to operate commercial vehicles beyond United States municipalities and commercial zones on the United States-Mexico border and the drivers of those vehicles; and
“(H) measures are in place to enable United States law enforcement authorities to ensure the effective enforcement and monitoring of license revocation and licensing procedures of Mexican motor carriers.
“(2) The Secretary of Transportation certifies in writing in a manner addressing the Inspector General's findings in paragraphs (c)(1)(A) through (c)(1)(H) of this section that the opening of the border does not pose an unacceptable safety risk to the American public.
“(d) The Department of Transportation Inspector General shall conduct another review using the criteria in (c)(1)(A) through (c)(1)(H) consistent with paragraph (c) of this section, 180 days after the first review is completed, and at least annually thereafter.
“(e) For purposes of this section, the term ‘Mexican motor carrier’ shall be defined as a Mexico-domiciled motor carrier operating beyond United States municipalities and commercial zones on the United States-Mexico border.
“(f) In addition to amounts otherwise made available in this Act, to be derived from the Highway Trust Fund, there is hereby appropriated to the Federal Motor Carrier Safety Administration, $25,866,000 for the salary, expense, and capital costs associated with the requirements of this section.”
Limited Modification to Moratorium on Issuance of Certificates or Permits With Respect to Mexico
Memorandum of President of the United States, May 6, 1993, 58 F.R. 27647, provided:
Memorandum for the Secretary of Transportation
Section 6 of the Bus Regulatory Reform Act of 1982 [Pub. L. 97–261, see former 49 U.S.C. 10922(m)(1), (2)] imposed a moratorium on the issuance of certificates or permits to motor carriers domiciled in, or owned or controlled by persons of, a contiguous foreign country. The Act [Pub. L. 97–261, see Tables for classification] authorized the President to remove the moratorium in whole or in part for any country or political subdivision thereof upon determining that such action is in the national interest. Sixty days’ advance notice to the Congress is required whenever the removal or modification applies to a contiguous foreign country or political subdivision thereof that substantially prohibits the granting of motor carrier authority to persons from the United States.
I am pleased that an agreement between the United States and Mexico has been concluded to ensure fair and reciprocal treatment for charter and tour bus interests on both sides of the border. The agreement reached, however, does not allow for full access to cross-border and domestic markets. Therefore, the moratorium must reflect the conditions under which operating authority may be issued to Mexican charter and tour companies under the agreement.
Pursuant to section 6 of the Bus Regulatory Reform Act of 1982, 49 U.S.C. section 10922(l)(2)(A) [see former 49 U.S.C. 10922(m)(2)(A)], I hereby make a limited modification to the moratorium imposed by that section and all actions taken by my predecessors under that section on the issuance of certificates or permits to motor carriers domiciled in, or owned or controlled by persons of, a contiguous foreign country.
The moratorium is modified only to authorize the Interstate Commerce Commission to grant Mexican motor carriers authority to transport passengers in charter or special operations, in foreign commerce, in round trip or one-way service between Mexico and the United States pursuant to the following restrictions:
1. The Mexican motor carrier can conduct cross-border charter or special service in the United States only when the international tour or charter begins in Mexico;
2. Tickets or tour packages for such operations cannot be sold in the United States; and
3. The terms of the grants of authority given to Mexican motor carriers will be limited by the life of the agreement with Mexico covering reciprocal cross-border charter and special operations.
This action applies only to international charter and tour operations, does not allow for point-to-point service within the United States, and does not authorize companies to conduct cross-border regular route service. This action preserves the status quo with respect to Mexican trucking companies and Mexican companies engaged in regular route service, and will maintain the moratorium on those operations through September 25, 1994, unless earlier revoked or modified.
Accordingly, you are directed to notify the Congress today on my behalf that, effective 60 days hence, the moratorium will no longer be in effect for Mexican charter and tour bus companies subject to the above stated conditions. Because of this action, the Interstate Commerce Commission will then accept and process expeditiously all applications for operating authority from Mexican owned, controlled, or domiciled charter and tour bus firms. I should note that applications in Mexico by United States charter and tour bus firms will be similarly treated.
You are hereby authorized and directed to publish this determination in the Federal Register.
William J. Clinton.
Memorandum of President of the United States, Jan. 1, 1994, 59 F.R. 653, provided:
Memorandum for the Secretary of Transportation
Section 6 of the Bus Regulatory Reform Act of 1982 [Pub. L. 97–261, see former 49 U.S.C. 10922(m)(1), (2)] imposed a moratorium on the issuance of certificates or permits to motor carriers domiciled in, or owned or controlled by, persons of a contiguous foreign country. The Act [Pub. L. 97–261, see Tables for classification] authorized the President to remove the moratorium in whole or in part for any country or political subdivision thereof upon determining that such action is in the national interest. Sixty days’ advance notice to the Congress is required whenever the removal or modification applies to a foreign contiguous country or political subdivision thereof that substantially prohibits the granting of motor carrier authority to persons from the United States.
As set forth in the Statement of Administrative Action regarding the North American Free Trade Agreement (NAFTA) that I submitted to the Congress on November 3, 1993, the moratorium with respect to Mexico will be lifted in phases to coincide with the schedule of liberalization in the relevant provisions of the NAFTA. The NAFTA specifically states that the moratorium will not apply to the provision of cross-border charter or tour bus services as of the date of entry into force of the Agreement.
This is to give public notice that, pursuant to section 6 of the Bus Regulatory Reform Act of 1982, 49 U.S.C. section 10922(l)(2)(A) [see former 49 U.S.C. 10922(m)(2)(A)], on November 3, 1993, I gave the Congress notice of my intention to make a limited modification to the moratorium imposed by that section and all actions taken by my predecessors under that section on the issuance of certificates or permits to motor carriers domiciled in, or owned or controlled by, persons of Mexico. This modification will take effect on January 1, 1994, the 60th day after my notice to the Congress.
The moratorium is modified only to authorize the Interstate Commerce Commission to grant Mexican motor carriers authority to transport passengers in charter or tour bus operations, in foreign commerce, in round-trip or one-way service between Mexico and the United States.
This action applies only to international charter or tour bus operations, does not allow for point-to-point bus service within the United States, and does not authorize companies to conduct cross-border regular route bus service.
Effective January 1, 1994, the Interstate Commerce Commission will begin to accept and process expeditiously all applications for operating authority from Mexican owned, controlled, or domiciled charter and tour bus firms.
This determination shall be published in the Federal Register.
William J. Clinton.
[Interstate Commerce Commission abolished and functions of Commission transferred, except as otherwise provided in Pub. L. 104–88, to Surface Transportation Board effective Jan. 1, 1996, by section 702 of this title and section 101 of Pub. L. 104–88, set out as a note under section 701 of this title. References to Interstate Commerce Commission deemed to refer to Surface Transportation Board, a member or employee of the Board, or Secretary of Transportation, as appropriate, see section 205 of Pub. L. 104–88, set out as a note under section 701 of this title.]
Extension of Moratorium
Memorandum of President of the United States, Mar. 2, 1995, 60 F.R. 12393, provided:
Memorandum for the Secretary of Transportation [and] the United States Trade Representative
Pursuant to section 6 of the Bus Regulatory Reform Act of 1982, 49 U.S.C. 10922(l)(1) and (2) [Pub. L. 97–261, see former 49 U.S.C. 10922(m)(1), (2)], I hereby extend for an additional 2 years both the moratorium imposed by that section and all actions taken by my predecessors under that section on the issuance of certificates or permits to motor carriers domiciled in, or owned or controlled by persons of, a contiguous foreign country. This action preserves the status quo and will maintain the moratorium through September 19, 1996, unless earlier revoked or modified.
This memorandum shall be published in the Federal Register.
William J. Clinton.
Memorandum of President of the United States, Sept. 25, 1992, 57 F.R. 44647, extended moratorium through Sept. 19, 1994.
Memorandum of President of the United States, Sept. 17, 1990, 55 F.R. 38657, extended moratorium through Sept. 19, 1992.
Memorandum of President of the United States, Sept. 15, 1988, 53 F.R. 36430, extended moratorium through Sept. 19, 1990.
Memorandum of President of the United States, Sept. 23, 1986, 51 F.R. 34079, extended moratorium through Sept. 19, 1988.
Memorandum of President of the United States, Aug. 30, 1984, 49 F.R. 35001, extended moratorium through Sept. 19, 1986.
Memorandum of President of the United States, June 5, 2001, 66 F.R. 30799, provided:
Memorandum for the Secretary of Transportation
Section 6 of the Bus Regulatory Reform Act of 1982 [Pub. L. 97–261, see former 49 U.S.C. 10922(m)(1), (2)] imposed a moratorium on the issuance of certificates or permits to motor carriers domiciled in, or owned or controlled by, persons of a contiguous foreign country, and authorized the President to modify the moratorium. The Interstate Commerce Commission Termination Act of 1995 (ICCTA) [ICC Termination Act of 1995, Pub. L. 104–88, see Tables for classification] maintained these restrictions, subject to modifications made prior to the enactment of the ICCTA [Dec. 29, 1995], and authorized the President to make further modifications to the moratorium. The relevant provisions of the ICCTA are codified at 49 U.S.C. 13902.
The North American Free Trade Agreement (NAFTA) established a schedule for liberalizing certain restrictions on investment in truck and bus services. Pursuant to 49 U.S.C. 13902(c)(3), I have determined that the following modifications to the moratorium are consistent with obligations of the United States under NAFTA and with U.S. transportation policy, and that the moratorium shall be modified accordingly. First, enterprises domiciled in the United States that are owned or controlled by persons of Mexico will be allowed to obtain operating authority to provide truck services for the transportation of international cargo between points in the United States. Second, enterprises domiciled in the United States that are owned or controlled by persons of Mexico will be allowed to obtain operating authority to provide bus services between points in the United States. These modifications shall be effective today.
Pursuant to 49 U.S.C. 13902(c)(5), I have determined that expeditious action is required to implement these modifications to the moratorium. Effective today, the Department of Transportation will accept and expeditiously process applications, submitted by enterprises domiciled in the United States that are owned or controlled by persons of Mexico, to obtain operating authority to provide truck services for the transportation of international cargo between points in the United States or to provide bus services between points in the United States.
Motor carriers domiciled in the United States that are owned or controlled by persons of Mexico will be subject to the same Federal and State regulations and procedures that apply to all other U.S. carriers. These include safety regulations, such as drug and alcohol testing; insurance requirements; taxes and fees; and all other applicable laws and regulations, including those administered by the U.S. Customs Service, the Immigration and Naturalization Service, and the Department of Labor.
This memorandum shall be published in the Federal Register.
George W. Bush.
Memorandum of President of the United States, Nov. 27, 2002, 67 F.R. 71795, provided:
Memorandum for the Secretary of Transportation
Section 6 of the Bus Regulatory Reform Act of 1982, Public Law 97–261, 96 Stat. 1103 [see former 49 U.S.C. 10922(m)(1), (2)], imposed a moratorium on the issuance of certificates or permits to motor carriers domiciled in, or owned or controlled by persons of, a contiguous foreign country and authorized the President to modify the moratorium. The Interstate Commerce Commission Termination Act of 1995 (ICCTA), Public Law 104–88, 109 Stat. 803 [ICC Termination Act of 1995, see Tables for classification], maintained these restrictions, subject to modifications made prior to the enactment of the ICCTA [Dec. 29, 1995], and empowered the President to make further modifications to the moratorium.
Pursuant to 49 U.S.C. 13902(c)(3), I modified the moratorium on June 5, 2001, to allow motor carriers domiciled in the United States that are owned or controlled by persons of Mexico to obtain operating authority to transport international cargo by truck between points in the United States and to provide bus services between points in the United States.
The North American Free Trade Agreement (NAFTA) established a schedule for liberalizing certain restrictions on the provision of bus and truck services by Mexican-domiciled motor carriers in the United States. Pursuant to 49 U.S.C. 13902(c)(3), I hereby determine that the following modifications to the moratorium are consistent with obligations of the United States under NAFTA and with our national transportation policy and that the moratorium shall be modified accordingly.
First, qualified motor carriers domiciled in Mexico will be allowed to obtain operating authority to transport passengers in cross-border scheduled bus services. Second, qualified motor carriers domiciled in Mexico will be allowed to obtain operating authority to provide cross-border truck services. The moratorium on the issuance of certificates or permits to Mexican-domiciled motor carriers for the provision of truck or bus services between points in the United States will remain in place. These modifications shall be effective on the date of this memorandum.
Furthermore, pursuant to 49 U.S.C. 13902(c)(5), I hereby determine that expeditious action is required to implement this modification to the moratorium. Effective on the date of this memorandum, the Department of Transportation is authorized to act on applications, submitted by motor carriers domiciled in Mexico, to obtain operating authority to provide cross-border scheduled bus services and cross-border truck services. In reviewing such applications, the Department shall continue to work closely with the Department of Justice, the Office of Homeland Security, and other relevant Federal departments, agencies, and offices in order to help ensure the security of the border and to prevent potential threats to national security.
Motor carriers domiciled in Mexico operating in the United States will be subject to the same Federal and State laws, regulations, and procedures that apply to carriers domiciled in the United States. These include safety regulations, such as drug and alcohol testing requirements; insurance requirements; taxes and fees; and other applicable laws and regulations, including those administered by the United States Customs Service, the Immigration and Naturalization Service, the Department of Labor, and Federal and State environmental agencies.
You are authorized and directed to publish this memorandum in the Federal Register.
George W. Bush.
§13903. Registration of freight forwarders
(a)
(1)
(2)
(b)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 884; amended Pub. L. 109–59, title IV, §4142(b), Aug. 10, 2005, 119 Stat. 1747.)
Prior Provisions
Provisions similar to those in this section were contained in section 10923 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Amendments
2005—Subsec. (a). Pub. L. 109–59 designated existing provisions as par. (1) and inserted heading, inserted “of household goods” after “freight forwarder”, and added par. (2).
§13904. Registration of brokers
(a)
(1)
(2)
(b)
(1)
(2)
(c)
(d)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 884; amended Pub. L. 109–59, title IV, §4142(c), Aug. 10, 2005, 119 Stat. 1747.)
Prior Provisions
Provisions similar to those in this section were contained in section 10924 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Amendments
2005—Subsec. (a). Pub. L. 109–59, §4142(c)(1), (3), designated existing provisions as par. (1), inserted heading, and added par. (2).
Subsec. (a)(1). Pub. L. 109–59, §4142(c)(2), which directed amendment of par. (1) by inserting “of household goods” after “broker”, was executed by making the insertion in two places to reflect the probable intent of Congress.
§13905. Effective periods of registration
(a)
(b)
(1)
(2)
(c)
(d)
(1)
(2)
(e)
(1) the Secretary has issued an order to the registrant under section 14701 requiring compliance with this part, a regulation of the Secretary, or a condition of the registration; and
(2) the registrant willfully does not comply with the order for a period of 30 days.
(f)
(1)
(A) may suspend the registration of a motor carrier, a freight forwarder, or a broker for failure to comply with requirements of the Secretary pursuant to section 13904(c) or 13906 or an order or regulation of the Secretary prescribed under those sections; and
(B) shall revoke the registration of a motor carrier that has been prohibited from operating in interstate commerce for failure to comply with the safety fitness requirements of section 31144.
(2)
(3)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 884; amended Pub. L. 104–287, §5(33), Oct. 11, 1996, 110 Stat. 3392; Pub. L. 105–102, §2(10), Nov. 20, 1997, 111 Stat. 2204; Pub. L. 106–159, title II, §206(a), Dec. 9, 1999, 113 Stat. 1763; Pub. L. 109–59, title IV, §§4104, 4303(a), Aug. 10, 2005, 119 Stat. 1716, 1761.)
Historical and Revision Notes
Pub. L. 104–287
This amends 49:13905(a) for clarity and consistency.
Pub. L. 105–102
This amends 49:13905(e)(1) to correct a grammatical error.
References in Text
The date of the enactment of this paragraph, referred to in subsec. (d)(2), is the date of enactment of Pub. L. 106–159, which was approved Dec. 9, 1999.
Prior Provisions
Provisions similar to those in this section were contained in section 10925 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Amendments
2005—Subsecs. (b) to (d). Pub. L. 109–59, §4303(a), added subsec. (b) and redesignated former subsecs. (b) and (c) as (c) and (d), respectively. Former subsec. (d) redesignated (e).
Subsec. (e). Pub. L. 109–59, §4303(a)(1), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f).
Subsec. (e)(1). Pub. L. 109–59, §4104(1), added par. (1) and struck out heading and text of former par. (1). Text read as follows: “Without regard to subchapter II of chapter 5 of title 5, the Secretary may suspend the registration of a motor carrier, a freight forwarder, or a broker for failure to comply with safety requirements of the Secretary or the safety fitness requirements pursuant to section 13904(c), 13906, or 31144 of this title, or an order or regulation of the Secretary prescribed under those sections.”
Subsec. (e)(2). Pub. L. 109–59, §4104(2), substituted “shall revoke the registration” for “may suspend a registration”.
Subsec. (e)(3). Pub. L. 109–59, §4104(3), added par. (3) and struck out heading and text of former par. (3). Text read as follows: “The Secretary may suspend under this subsection the registration only after giving notice of the suspension to the registrant. The suspension remains in effect until the registrant complies with those applicable sections or, in the case of a suspension under paragraph (2), until the Secretary revokes such suspension.”
Subsec. (f). Pub. L. 109–59, §4303(a)(1), redesignated subsec. (e) as (f).
1999—Subsec. (c). Pub. L. 106–159 inserted par. (1) designation and heading, inserted “(A)” before “suspend”, added cl. (B), realigned par. (1) margins, and added par. (2).
1997—Subsec. (e)(1). Pub. L. 105–102 struck out comma after “31144”.
1996—Subsec. (a). Pub. L. 104–287 substituted “December 31, 1995” for “the day before the effective date of this section”.
Relationship to Other Laws
Except as provided in sections 14504, 14504a, and 14506 of this title, subtitle C (§§4301–4308) of title IV of Pub. L. 109–59 is not intended to prohibit any State or any political subdivision of any State from enacting, imposing, or enforcing any law or regulation with respect to a motor carrier, motor private carrier, broker, freight forwarder, or leasing company that is not otherwise prohibited by law, see section 4302 of Pub. L. 109–59, set out as a note under section 13902 of this title.
§13906. Security of motor carriers, motor private carriers, brokers, and freight forwarders
(a)
(1)
(2)
(3)
(4)
(b)
(c)
(1)
(2)
(3)
(d)
(e)
(f)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 885; amended Pub. L. 104–287, §5(34), Oct. 11, 1996, 110 Stat. 3392; Pub. L. 109–59, title IV, §4303(b), (d)(1), Aug. 10, 2005, 119 Stat. 1762, 1763.)
References in Text
Paragraph (3) of this subsection, referred to in subsec. (a)(1), was redesignated as paragraph (4) of subsec. (a) of this section by Pub. L. 109–59, title IV, §4303(b)(1), Aug. 10, 2005, 119 Stat. 1762.
The date of enactment of the Unified Carrier Registration Act of 2005, referred to in subsec. (a)(2), is the date of enactment of subtitle C of title IV of Pub. L. 109–59, which was approved Aug. 10, 2005.
Prior Provisions
Provisions similar to those in this section were contained in section 10927 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Amendments
2005—Pub. L. 109–59, §4303(d)(1), inserted “motor private carriers,” after “motor carriers,” in section catchline.
Subsec. (a)(2) to (4). Pub. L. 109–59, §4303(b), added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively.
1996—Subsec. (d). Pub. L. 104–287 substituted “January 1, 1996,” for “the effective date of this section”.
Relationship to Other Laws
Except as provided in sections 14504, 14504a, and 14506 of this title, subtitle C (§§4301–4308) of title IV of Pub. L. 109–59 is not intended to prohibit any State or any political subdivision of any State from enacting, imposing, or enforcing any law or regulation with respect to a motor carrier, motor private carrier, broker, freight forwarder, or leasing company that is not otherwise prohibited by law, see section 4302 of Pub. L. 109–59, set out as a note under section 13902 of this title.
Self-Insurance Rules
Section 104(h) of Pub. L. 104–88 provided that: “The Secretary of Transportation shall continue to enforce the rules and regulations of the Interstate Commerce Commission, as in effect on July 1, 1995, governing the qualifications for approval of a motor carrier as a self-insurer, until such time as the Secretary finds it in the public interest to revise such rules. The revised rules must provide for—
“(1) continued ability of motor carriers to qualify as self-insurers; and
“(2) the continued qualification of all carriers then so qualified under the terms and conditions set by the Interstate Commerce Commission or Secretary at the time of qualification.”
[Interstate Commerce Commission abolished by section 101 of Pub. L. 104–88, set out as a note under section 701 of this title.]
1 See References in Text note below.
§13907. Household goods agents
(a)
(b)
(c)
(1)
(2)
(3)
(4)
(5)
(d)
(1)
(A) rates for the transportation of household goods under the authority of the principal carrier;
(B) accessorial, terminal, storage, or other charges for services incidental to the transportation of household goods transported under the authority of the principal carrier;
(C) allowances relating to transportation of household goods under the authority of the principal carrier; and
(D) ownership of a motor carrier providing transportation of household goods by an agent or membership on the board of directors of any such motor carrier by an agent.
(2)
(e)
(1)
(2)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 887; amended Pub. L. 104–287, §5(35), Oct. 11, 1996, 110 Stat. 3392.)
Historical and Revision Notes
Pub. L. 104–287
This amends 49:13907(e)(1) and (2) for clarity and consistency.
References in Text
Section 10102(11) of this title, referred to in subsec. (e)(1), was omitted and a new section 10102 enacted in the general amendment of this subtitle by Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 804, 806, effective Jan. 1, 1996.
Subchapter II of chapter 105 of this title, referred to in subsec. (e)(2), was omitted in the general amendment of this subtitle by Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 804, effective Jan. 1, 1996.
Prior Provisions
Provisions similar to those in this section were contained in section 10934 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Amendments
1996—Subsec. (e)(1). Pub. L. 104–287, §5(35)(A), substituted “December 31, 1995” for “the day before the effective date of this section”.
Subsec. (e)(2). Pub. L. 104–287, §5(35)(B), substituted “December 31, 1995” for “the day before such effective date”.
Abolition of Interstate Commerce Commission
Interstate Commerce Commission abolished by section 101 of Pub. L. 104–88, set out as a note under section 701 of this title.
§13908. Registration and other reforms
(a)
(1) the current Department of Transportation identification number system, the single State registration system under section 14504; 1
(2) the registration system contained in this chapter and the financial responsibility information system under section 13906; and
(3) the service of process agent systems under sections 503 and 13304.
(b)
(c)
(d)
(1)
(2)
(3)
(A)
(B)
(i) to any agency of the Federal Government or a State government or any political subdivision of any such government for the access to or retrieval of information and data from the Unified Carrier Registration System for its own use; or
(ii) to any representative of a motor carrier, motor private carrier, leasing company, broker, or freight forwarder (as each is defined in section 14504a) for the access to or retrieval of the individual information related to such entity from the Unified Carrier Registration System for the individual use of such entity.
(e)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 888; amended Pub. L. 104–287, §5(36), Oct. 11, 1996, 110 Stat. 3392; Pub. L. 109–59, title IV, §4304, Aug. 10, 2005, 119 Stat. 1763.)
Historical and Revision Notes
Pub. L. 104–287, §5(36)(A)
This amends 49:13908(d)(1) for clarity and consistency.
Pub. L. 104–287, §5(36)(B)
This sets out the effective date of 49:13908.
References in Text
The date of enactment of the Unified Carrier Registration Act of 2005, referred to in subsec. (a), is the date of enactment of subtitle C of title IV of Pub. L. 109–59, which was approved Aug. 10, 2005.
Section 14504, referred to in subsec. (a)(1), was repealed by Pub. L. 109–59, title IV, §4305(a), Aug. 10, 2005, 119 Stat. 1764; Pub. L. 110–53, title XV, §1537(a), Aug. 3, 2007, 121 Stat. 467, effective Jan. 1, 2008.
The effective date of this section, referred to in subsec. (c), probably means the date of enactment of Pub. L. 109–59, which amended this section generally and was approved Aug. 10, 2005.
Amendments
2005—Pub. L. 109–59 amended heading and text of section generally. Prior to amendment, text consisted of subsecs. (a) to (e) relating to issuance of regulations to replace the current Department of Transportation identification number system, the single State registration system under section 14504, the registration system contained in this chapter, and the financial responsibility information system under section 13906 with a single, online, Federal system.
1996—Subsec. (d)(1). Pub. L. 104–287, §5(36)(A), substituted “December 31, 1995” for “the day before the effective date of this section”.
Subsec. (e). Pub. L. 104–287, §5(36)(B), substituted “January 1, 1996” for “the effective date of this section”.
Regulations
Pub. L. 110–53, title XV, §1537(b), Aug. 3, 2007, 121 Stat. 467, provided that: “Not later than October 1, 2007, the Federal Motor Carrier Safety Administration shall issue final regulations to establish the Unified Carrier Registration System, as required by section 13908 of title 49, United States Code, and set fees for the unified carrier registration agreement for calendar year 2007 or subsequent calendar years to be charged to motor carriers, motor private carriers, and freight forwarders under such agreement, as required by 14504a of title 49, United States Code.”
Relationship to Other Laws
Except as provided in sections 14504, 14504a, and 14506 of this title, subtitle C (§§4301–4308) of title IV of Pub. L. 109–59 is not intended to prohibit any State or any political subdivision of any State from enacting, imposing, or enforcing any law or regulation with respect to a motor carrier, motor private carrier, broker, freight forwarder, or leasing company that is not otherwise prohibited by law, see section 4302 of Pub. L. 109–59, set out as a note under section 13902 of this title.
1 See References in Text note below.
CHAPTER 141—OPERATIONS OF CARRIERS
SUBCHAPTER I—GENERAL REQUIREMENTS
SUBCHAPTER II—REPORTS AND RECORDS
SUBCHAPTER I—GENERAL REQUIREMENTS
§14101. Providing transportation and service
(a)
(b)
(1)
(2)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 890.)
Prior Provisions
Provisions similar to those in this section were contained in section 11101 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Effective Date
Chapter effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 701 of this title.
§14102. Leased motor vehicles
(a)
(1) make the arrangement in writing signed by the parties specifying its duration and the compensation to be paid by the motor carrier;
(2) carry a copy of the arrangement in each motor vehicle to which it applies during the period the arrangement is in effect;
(3) inspect the motor vehicles and obtain liability and cargo insurance on them; and
(4) have control of and be responsible for operating those motor vehicles in compliance with requirements prescribed by the Secretary on safety of operations and equipment, and with other applicable law as if the motor vehicles were owned by the motor carrier.
(b)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 890.)
Prior Provisions
Provisions similar to those in this section were contained in section 11107 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
§14103. Loading and unloading motor vehicles
(a)
(b)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 891.)
References in Text
The National Labor Relations Act, referred to in subsec. (b), is act July 5, 1935, ch. 372, 49 Stat. 449, as amended, which is classified generally to subchapter II (§151 et seq.) of chapter 7 of Title 29, Labor. For complete classification of this Act to the Code, see section 167 of Title 29 and Tables.
Act of March 23, 1932, commonly known as the Norris-LaGuardia Act, referred to in subsec. (b), is act Mar. 23, 1932, ch. 90, 47 Stat. 70, as amended, which is classified generally to chapter 6 (§101 et seq.) of Title 29. For complete classification of this Act to the Code, see Short Title note set out under section 101 of Title 29 and Tables.
Prior Provisions
Provisions similar to those in this section were contained in section 11109 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
§14104. Household goods carrier operations
(a)
(1)
(2)
(A)
(B)
(i) the level of performance that can be achieved by a well-managed motor carrier transporting household goods;
(ii) the degree of harm to individual shippers which could result from a violation of the regulation;
(iii) the need to set the level of performance at a level sufficient to deter abuses which result in harm to consumers and violations of regulations;
(iv) service requirements of the carriers;
(v) the cost of compliance in relation to the consumer benefits to be achieved from such compliance; and
(vi) the need to set the level of performance at a level designed to encourage carriers to offer service responsive to shipper needs.
(3)
(b)
(1)
(A)
(B)
(C)
(i)
(ii)
(iii)
(2)
(3)
(c)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 891; amended Pub. L. 109–59, title IV, §4205, Aug. 10, 2005, 119 Stat. 1753.)
Prior Provisions
Provisions similar to those in this section were contained in section 11110 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Amendments
2005—Subsec. (b). Pub. L. 109–59 added pars. (1) and (2), redesignated former par. (2) as (3), and struck out heading and text of former par. (1). Text read as follows: “Every motor carrier providing transportation of household goods subject to jurisdiction under subchapter I of chapter 135, upon request of a prospective shipper, may provide the shipper with an estimate of charges for transportation of household goods and for the proposed services. The Secretary shall not prohibit any such carrier from charging a prospective shipper for providing a written, binding estimate for the transportation and proposed services.”
Study of Enforcement of Consumer Protection Rules in Household Goods Moving Industry
Pub. L. 106–159, title II, §209(c), Dec. 9, 1999, 113 Stat. 1764, provided that: “The Comptroller General shall conduct a study of the effectiveness of the Department of Transportation's enforcement of household goods consumer protection rules under title 49, United States Code. The study shall also include a review of other potential methods of enforcing such rules, including allowing States to enforce such rules.”
SUBCHAPTER II—REPORTS AND RECORDS
§14121. Definitions
In this subchapter, the following definitions apply:
(1)
(2)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 892.)
Prior Provisions
Provisions similar to those in this section were contained in section 11141 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
§14122. Records: form; inspection; preservation
(a)
(b)
(1) inspect and examine the lands, buildings, and equipment of a carrier or broker; and
(2) inspect and copy any record of—
(A) a carrier, broker, or association; and
(B) a person controlling, controlled by, or under common control with a carrier if the Secretary or Board, as applicable, considers inspection relevant to that person's relation to, or transaction with, that carrier.
(c)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 893.)
Prior Provisions
Provisions similar to those in this section were contained in section 11144 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
§14123. Financial reporting
(a)
(1)
(2)
(b)
(1) safety needs;
(2) the need to preserve confidential business information and trade secrets and prevent competitive harm;
(3) private sector, academic, and public use of information in the reports; and
(4) the public interest.
(c)
(1)
(2)
(A)
(B)
(C)
(D)
(3)
(d)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 893; amended Pub. L. 105–102, §2(11), Nov. 20, 1997, 111 Stat. 2205.)
Historical and Revision Notes
Pub. L. 105–102
This amends 49:14123(c)(2)(B) to correct a grammatical error.
Prior Provisions
Provisions similar to those in this section were contained in section 11145 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Amendments
1997—Subsec. (c)(2)(B). Pub. L. 105–102 inserted “in” before “no event”.
CHAPTER 143—FINANCE
§14301. Security interests in certain motor vehicles
(a)
(1)
(2)
(3)
(4)
(b)
(1) a certificate of title is issued for a motor vehicle under a law of a jurisdiction that requires or permits indication, on a certificate or title, of a security interest in the motor vehicle if the security interest is indicated on the certificate;
(2) a certificate of title has not been issued and the law of the State where the principal place of business of that carrier is located requires or permits public filing or recording of, or in relation to, that security interest if there has been such a public filing or recording; and
(3) a certificate of title has not been issued and the security interest cannot be perfected under paragraph (2) of this subsection, if the security interest has been perfected under the law (including the conflict of laws rules) of the State where the principal place of business of that carrier is located.
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 894.)
Prior Provisions
Provisions similar to those in this section were contained in section 11304 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Effective Date
Chapter effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 701 of this title.
§14302. Pooling and division of transportation or earnings
(a)
(b)
(1) will be in the interest of better service to the public or of economy of operation; and
(2) will not unreasonably restrain competition.
(c)
(1)
(2)
(3)
(4)
(5)
(d)
(e)
(f)
(g)
(h)
(1)
(2)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 895; amended Pub. L. 104–287, §5(37), Oct. 11, 1996, 110 Stat. 3392.)
Historical and Revision Notes
Pub. L. 104–287, §5(37)(A), (B)
This sets out the effective date of 49:14302.
Pub. L. 104–287, §5(37)(C), (D)
This amends 49:14302(h)(1) and (2) for clarity and consistency.
References in Text
Section 10102(11) of this title, referred to in subsec. (h)(1), was omitted and a new section 10102 enacted in the general amendment of this subtitle by Pub. L. 104–88, title I, §102(a), Dec. 20, 1995, 109 Stat. 804, 806, effective Jan. 1, 1996.
Subchapter II of chapter 105 of this title, referred to in subsec. (h)(2), was omitted in the general amendment of this subtitle by Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 804, effective Jan. 1, 1996.
Prior Provisions
Provisions similar to those in this section were contained in sections 11341 and 11342 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Amendments
1996—Subsec. (c)(4). Pub. L. 104–287, §5(37)(A), substituted “January 1, 1996” for “the effective date of this section”.
Subsec. (g). Pub. L. 104–287, §5(37)(B), substituted “January 1, 1996,” for “the effective date of this section”.
Subsec. (h)(1). Pub. L. 104–287, §5(37)(C), substituted “December 31, 1995” for “the day before the effective date of this section”.
Subsec. (h)(2). Pub. L. 104–287, §5(37)(D), substituted “December 31, 1995” for “the day before such effective date”.
Abolition of Interstate Commerce Commission
Interstate Commerce Commission abolished by section 101 of Pub. L. 104–88, set out as a note under section 701 of this title.
§14303. Consolidation, merger, and acquisition of control of motor carriers of passengers
(a)
(1) Consolidation or merger of the properties or franchises of at least 2 carriers into one operation for the ownership, management, and operation of the previously separately owned properties.
(2) A purchase, lease, or contract to operate property of another carrier by any number of carriers.
(3) Acquisition of control of a carrier by any number of carriers.
(4) Acquisition of control of at least 2 carriers by a person that is not a carrier.
(5) Acquisition of control of a carrier by a person that is not a carrier but that controls any number of carriers.
(b)
(1) The effect of the proposed transaction on the adequacy of transportation to the public.
(2) The total fixed charges that result from the proposed transaction.
(3) The interest of carrier employees affected by the proposed transaction.
The Board may impose conditions governing the transaction.
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 897.)
Prior Provisions
Provisions similar to those in this section were contained in sections 11341, 11343, 11344, 11345a, 11348, 11349, and 11351 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
CHAPTER 145—FEDERAL-STATE RELATIONS
Amendments
2005—Pub. L. 109–59, title IV, §§4305(c), 4306(b), Aug. 10, 2005, 119 Stat. 1773, 1774, added items 14504a and 14506.
Pub. L. 109–59, title IV, §4305(a), Aug. 10, 2005, 119 Stat. 1764, as amended by Pub. L. 110–53, title XV, §1537(c), Aug. 3, 2007, 121 Stat. 467, struck out item 14504 “Registration of motor carriers by a State”, effective Jan. 1, 2008.
§14501. Federal authority over intrastate transportation
(a)
(1)
(A) scheduling of interstate or intrastate transportation (including discontinuance or reduction in the level of service) provided by a motor carrier of passengers subject to jurisdiction under subchapter I of chapter 135 of this title on an interstate route;
(B) the implementation of any change in the rates for such transportation or for any charter transportation except to the extent that notice, not in excess of 30 days, of changes in schedules may be required; or
(C) the authority to provide intrastate or interstate charter bus transportation.
This paragraph shall not apply to intrastate commuter bus operations, or to intrastate bus transportation of any nature in the State of Hawaii.
(2)
(b)
(1)
(2)
(c)
(1)
(2)
(A) shall not restrict the safety regulatory authority of a State with respect to motor vehicles, the authority of a State to impose highway route controls or limitations based on the size or weight of the motor vehicle or the hazardous nature of the cargo, or the authority of a State to regulate motor carriers with regard to minimum amounts of financial responsibility relating to insurance requirements and self-insurance authorization;
(B) does not apply to the intrastate transportation of household goods; and
(C) does not apply to the authority of a State or a political subdivision of a State to enact or enforce a law, regulation, or other provision relating to the price of for-hire motor vehicle transportation by a tow truck, if such transportation is performed without the prior consent or authorization of the owner or operator of the motor vehicle.
(3)
(A)
(i) uniform cargo liability rules,
(ii) uniform bills of lading or receipts for property being transported,
(iii) uniform cargo credit rules,
(iv) antitrust immunity for joint line rates or routes, classifications, mileage guides, and pooling, or
(v) antitrust immunity for agent-van line operations (as set forth in section 13907),
if such law, regulation, or provision meets the requirements of subparagraph (B).
(B)
(i) the law, regulation, or provision covers the same subject matter as, and compliance with such law, regulation, or provision is no more burdensome than compliance with, a provision of this part or a regulation issued by the Secretary or the Board under this part; and
(ii) the law, regulation, or provision only applies to a carrier upon request of such carrier.
(C)
(4)
(5)
(d)
(1)
(A) meets all applicable registration requirements under chapter 139 for the interstate transportation of passengers;
(B) meets all applicable vehicle and intrastate passenger licensing requirements of the State or States in which the motor carrier is domiciled or registered to do business; and
(C) is providing such service pursuant to a contract for—
(i) transportation by the motor carrier from one State, including intermediate stops, to a destination in another State; or
(ii) transportation by the motor carrier from one State, including intermediate stops in another State, to a destination in the original State.
(2)
(3)
(A) as subjecting taxicab service to regulation under chapter 135 or section 31138;
(B) as prohibiting or restricting an airport, train, or bus terminal operator from contracting to provide preferential access or facilities to one or more providers of pre-arranged ground transportation service; and
(C) as restricting the right of any State or political subdivision of a State to require, in a nondiscriminatory manner, that any individual operating a vehicle providing prearranged ground transportation service originating in the State or political subdivision have submitted to pre-licensing drug testing or a criminal background investigation of the records of the State in which the operator is domiciled, by the State or political subdivision by which the operator is licensed to provide such service, or by the motor carrier providing such service, as a condition of providing such service.
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 899; amended Pub. L. 105–178, title IV, §4016, June 9, 1998, 112 Stat. 412; Pub. L. 105–277, div. C, title I, §106, Oct. 21, 1998, 112 Stat. 2681–586; Pub. L. 107–298, §2, Nov. 26, 2002, 116 Stat. 2342; Pub. L. 109–59, title IV, §§4105(a), 4206(a), Aug. 10, 2005, 119 Stat. 1717, 1754.)
References in Text
The Surface Freight Forwarder Deregulation Act of 1986, referred to in subsec. (b)(2), is Pub. L. 99–521, Oct. 22, 1986, 100 Stat. 2993. For complete classification of this Act to the Code, see Short Title of 1986 Amendment note set out under section 10101 of this title and Tables.
Prior Provisions
Provisions similar to those in this section were contained in section 11501 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Amendments
2005—Subsec. (c)(2)(B). Pub. L. 109–59, §4206(a), inserted “intrastate” before “transportation”.
Subsec. (c)(5). Pub. L. 109–59, §4105(a), added par. (5).
2002—Subsec. (d). Pub. L. 107–298 added subsec. (d).
1998—Subsec. (a). Pub. L. 105–178 reenacted heading without change and amended text of subsec. (a) generally. Prior to amendment, text read as follows: “No State or political subdivision thereof and no interstate agency or other political agency of 2 or more States shall enact or enforce any law, rule, regulation, standard, or other provision having the force and effect of law relating to scheduling of interstate or intrastate transportation (including discontinuance or reduction in the level of service) provided by motor carrier of passengers subject to jurisdiction under subchapter I of chapter 135 of this title on an interstate route or relating to the implementation of any change in the rates for such transportation or for any charter transportation except to the extent that notice, not in excess of 30 days, of changes in schedules may be required. This subsection shall not apply to intrastate commuter bus operations.”
Subsec. (a)(1). Pub. L. 105–277 substituted “operations, or to intrastate bus transportation of any nature in the State of Hawaii” for “operations” in concluding provisions.
Effective Date
Chapter effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 701 of this title.
§14502. Tax discrimination against motor carrier transportation property
(a)
(1)
(2)
(3)
(4)
(b)
(1)
(2)
(3)
(c)
(1)
(2)
(3)
(4)
(A) an assessment of the motor carrier transportation property at a value that has a higher ratio to the true market value of the motor carrier transportation property than the assessment value of all other property subject to a property tax levy in the assessment jurisdiction has to the true market value of all such other property; and
(B) the collection of ad valorem property tax on the motor carrier transportation property at a tax rate that exceeds the tax ratio rate applicable to taxable property in the taxing district.
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 900.)
Prior Provisions
Provisions similar to those in this section were contained in section 11503a of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
§14503. Withholding State and local income tax by certain carriers
(a)
(1)
(2)
(b)
(1)
(2)
(A) the State and subdivision of residence of the employee (as shown on the employment records of the carrier); and
(B) the State and subdivision in which the employee earned more than 50 percent of the pay received by the employee from the carrier during the preceding calendar year.
(3)
(c)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 901.)
Prior Provisions
Provisions similar to those in this section were contained in section 11504 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
[§14504. Repealed. Pub. L. 109–59, title IV, §4305(a), Aug. 10, 2005, 119 Stat. 1764; Pub. L. 110–53, title XV, §1537(a), Aug. 3, 2007, 121 Stat. 467]
Section, added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 902; amended Pub. L. 110–53, title XV, §1537(a), Aug. 3, 2007, 121 Stat. 467, related to registration of motor carriers by a State.
Provisions similar to those in this section were contained in section 11506 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Effective Date of Repeal
Pub. L. 109–59, title IV, §4305(a), Aug. 10, 2005, 119 Stat. 1764, as amended by Pub. L. 110–53, title XV, §1537(c), Aug. 3, 2007, 121 Stat. 467, provided that this section and the item relating to this section in the analysis for this chapter are repealed effective Jan. 1, 2008.
Temporary Reenactment of Section
Pub. L. 110–53, title XV, §1537(a), Aug. 3, 2007, 121 Stat. 467, provided that section 14504 of this title, as in effect on Dec. 31, 2006, was to be in effect for the period beginning on Jan. 1, 2007, and ending on the earlier of Jan. 1, 2008, or the effective date of final regulations issued (none issued as of Jan. 1, 2008) pursuant to section 1537(b) of Pub. L. 110–53, set out as a note under section 13908 of this title.
§14504a. Unified Carrier Registration System plan and agreement
(a)
(1)
(A)
(B)
(2)
(A)
(i) that is in compliance with the requirements of subsection (e); and
(ii) in which the motor carrier, motor private carrier, broker, freight forwarder, or leasing company to which the agreement applies maintains its principal place of business.
(B)
(i) the State in which the motor carrier, motor private carrier, broker, freight forwarder, or leasing company maintains its principal place of business is not in compliance with the requirements of subsection (e); or
(ii) the motor carrier, motor private carrier, broker, freight forwarder, or leasing company does not have a principal place of business in the United States.
(3)
(4)
(5)
(6)
(7) SSRS.—The term “SSRS” means the single state registration system in effect on the date of enactment of this section.
(8)
(9)
(10)
(b)
(c)
(1) to enact, impose, or enforce any requirement or standards with respect to, or levy any fee or charge on, any motor carrier or motor private carrier providing transportation or service subject to jurisdiction under subchapter I of chapter 135 (in this section referred to as an “interstate motor carrier” and an “interstate motor private carrier”, respectively) in connection with—
(A) the registration with the State of the interstate operations of the motor carrier or motor private carrier;
(B) the filing with the State of information relating to the financial responsibility of the a 1 motor carrier or motor private carrier pursuant to sections 31138 or 31139;
(C) the filing with the State of the name of the local agent for service of process of the motor carrier or motor private carrier pursuant to sections 2 503 or 13304; or
(D) the annual renewal of the intrastate authority, or the insurance filings, of the motor carrier or motor private carrier, or other intrastate filing requirement necessary to operate within the State if the motor carrier or motor private carrier is—
(i) registered under section 13902 or section 13905(b); and
(ii) in compliance with the laws and regulations of the State authorizing the carrier to operate in the State in accordance with section 14501(c)(2)(A); except with respect to—
(I) intrastate service provided by motor carriers of passengers that is not subject to the preemption provisions of section 14501(a);
(II) motor carriers of property, motor private carriers, brokers, or freight forwarders, or their services or operations, that are described in subparagraphs (B) and (C) of section 14501(c)(2).3
(III) the intrastate transportation of waste or recyclable materials by any carrier; or
(2) to require any interstate motor carrier or motor private carrier that also performs intrastate operations to pay any fee or tax which 1 a carrier engaged exclusively in interstate operations is exempt.
(d)
(1)
(A)
(B)
(i)
(ii)
(iii)
(iv)
(C)
(D)
(i)
(ii)
(iii)
(iv)
(2)
(A) prescribe uniform forms and formats, for—
(i) the annual submission of the information required by a base-State of a motor carrier, motor private carrier, leasing company, broker, or freight forwarder;
(ii) the transmission of information by a participating State to the Unified Carrier Registration System;
(iii) the payment of excess fees by a State to the designated depository and the distribution of fees by the depository to those States so entitled; and
(iv) the providing of notice by a motor carrier, motor private carrier, broker, freight forwarder, or leasing company to the board of the intent of such entity to change its base-State, and the procedures for a State to object to such a change under subparagraph (C);
(B) provide for the administration of the unified carrier registration agreement, including procedures for amending the agreement and obtaining clarification of any provision of the Agreement;
(C) provide procedures for dispute resolution under the agreement that provide due process for all involved parties; and
(D) designate a depository.
(3)
(A)
(B)
(4)
(A)
(B)
(C)
(D)
(5)
(A)
(B)
(C)
(D)
(6)
(7)
(A)
(i) the administrative costs associated with the unified carrier registration plan and the agreement;
(ii) whether the revenues generated in the previous year and any surplus or shortage from that or prior years enable the participating States to achieve the revenue levels set by the board; and
(iii) the provisions governing fees under subsection (f)(1).
(B)
(i) within 90 days after receiving the board's recommendation under subparagraph (A); and
(ii) after notice and opportunity for public comment.
(8)
(A) the individual was acting within the scope of his or her responsibilities as a director; and
(B) the harm was not caused by willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious, flagrant indifference to the right or safety of the party harmed by the individual.
(9)
(10)
(e)
(1)
(A) identifying the State agency that has or will have the legal authority, resources, and qualified personnel necessary to administer the agreement in accordance with the rules and regulations promulgated by the board of directors; and
(B) demonstrating that an amount at least equal to the revenue derived by the State from the unified carrier registration agreement shall be used for motor carrier safety programs, enforcement, or the administration of the UCR plan and UCR agreement.
(2)
(3)
(4)
(5)
(f)
(1)
(i) to a motor carrier, motor private carrier, or freight forwarder in connection with the filing of proof of financial responsibility under the UCR agreement shall be based on the number of commercial motor vehicles owned or operated by the motor carrier, motor private carrier, or freight forwarder; and
(ii) to a broker or leasing company in connection with such a filing shall be equal to the smallest fee charged to a motor carrier, motor private carrier, and freight forwarder or under this paragraph.
(B) The fees shall be determined by the Secretary based upon the recommendation of the board under subsection (d)(7).
(C) The board shall develop for purposes of charging fees no more than 6 and no less than 4 brackets of carriers (including motor private carriers) based on the size of fleet.
(D) The fee scale shall be progressive in the amount of the fee.
(E) The board may ask the Secretary to adjust the fees within a reasonable range on an annual basis if the revenues derived from the fees—
(i) are insufficient to provide the revenues to which the States are entitled under this section; or
(ii) exceed those revenues.
(2)
(3)
(4)
(g)
(1) A State that participated in the SSRS in the last registration year under the SSRS ending before the date of enactment of the Unified Carrier Registration Act of 2005 and complies with subsection (e) is entitled to receive under this section a portion of the revenues generated under the UCR agreement equivalent to the revenues it received under the SSRS in such last registration year, as long as the State continues to comply with subsection (e).
(2) A State that collected intrastate registration fees from interstate motor carriers, interstate motor private carriers, or interstate exempt carriers and complies with subsection (e) is entitled to receive under this section an additional portion of the revenues generated under the UCR agreement equivalent to the revenues it received from such carriers in the last calendar year ending before the date of enactment of the Unified Carrier Registration Act of 2005, as long as the State continues to comply with subsection (e).
(3) States that comply with subsection (e) but did not participate in SSRS during such last registration year shall be entitled under this section to an annual allotment not to exceed $500,000 from the revenues generated under the UCR agreement, as long as the State continues to comply with the provisions of subsection (e).
(4) The amount of revenues generated under the UCR agreement to which a State is entitled under this section shall be calculated by the board and approved by the Secretary.
(h)
(1)
(2)
(3)
(A) On a pro rata basis to each participating State that did not collect revenues under the UCR agreement equivalent to the amount such State is entitled under subsection (g), except that the sum of the gross revenues collected under the UCR agreement by a participating State and the amount distributed to it from the depository shall not exceed the amount to which the State is entitled under subsection (g).
(B) After all distributions under subparagraph (A) have been made, to pay the administrative costs of the UCR plan and the UCR agreement.
(4)
(i)
(1)
(2)
(3)
(4)
(A) prohibits a participating State from issuing citations and imposing reasonable fines and penalties pursuant to the applicable laws and regulations of the State on any motor carrier, motor private carrier, freight forwarder, broker, or leasing company for failure to—
(i) submit information documents as required under subsection (d)(2); or
(ii) pay the fees required under subsection (f); or
(B) authorizes a State to require a motor carrier, motor private carrier, or freight forwarder to display as evidence of compliance any form of identification in excess of those permitted under section 14506 on or in a commercial motor vehicle.
(j)
(Added Pub. L. 109–59, title IV, §4305(b), Aug. 10, 2005, 119 Stat. 1764.)
References in Text
The date of enactment of this section, referred to in subsec. (a)(7), is the date of enactment of Pub. L. 109–59, which was approved Aug. 10, 2005.
The Federal Advisory Committee Act, referred to in subsec. (d)(9), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees.
The date of enactment of the Unified Carrier Registration Act of 2005, referred to in subsecs. (e)(1) and (g)(1), (2), is the date of enactment of subtitle C of title IV of Pub. L. 109–59, which was approved Aug. 10, 2005.
2 So in original. Probably should be “section”.
3 So in original. The period probably should be a semicolon.
§14505. State tax
A State or political subdivision thereof may not collect or levy a tax, fee, head charge, or other charge on—
(1) a passenger traveling in interstate commerce by motor carrier;
(2) the transportation of a passenger traveling in interstate commerce by motor carrier;
(3) the sale of passenger transportation in interstate commerce by motor carrier; or
(4) the gross receipts derived from such transportation.
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 904.)
§14506. Identification of vehicles
(a)
(b)
(1) under the International Registration Plan under section 31704;
(2) under the International Fuel Tax Agreement under section 31705;
(3) under a State law regarding motor vehicle license plates or other displays that the Secretary determines are appropriate;
(4) in connection with Federal requirements for hazardous materials transportation under section 5103; or
(5) in connection with the Federal vehicle inspection standards under section 31136.
(Added Pub. L. 109–59, title IV, §4306(a), Aug. 10, 2005, 119 Stat. 1773.)
CHAPTER 147—ENFORCEMENT; INVESTIGATIONS; RIGHTS; REMEDIES
Amendments
2005—Pub. L. 109–59, title IV, §4206(c), Aug. 10, 2005, 119 Stat. 1757, added items 14710 and 14711.
§14701. General authority
(a)
(b)
(c)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 904.)
Prior Provisions
Provisions similar to those in this section were contained in section 11701 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Effective Date
Chapter effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 701 of this title.
Consumer Complaint Information
Pub. L. 109–59, title IV, §4214, Aug. 10, 2005, 119 Stat. 1759, provided that:
“(a)
“(1) establish (A) a system for filing and logging consumer complaints relating to household goods motor carriers for the purpose of compiling or linking complaint information gathered by the Department of Transportation and the States with regard to such carriers, (B) a database of the complaints, and (C) a procedure for the public to have access, subject to section 552(a) of title 5, United States Code, to aggregated information and for carriers to challenge duplicate or fraudulent information in the database;
“(2) issue regulations requiring each motor carrier of household goods to submit on a quarterly basis a report summarizing—
“(A) the number of shipments that originate and are delivered for individual shippers during the reporting period by the carrier;
“(B) the number and general category of complaints lodged by consumers with the carrier;
“(C) the number of claims filed with the carrier for loss and damage in excess of $500;
“(D) the number of such claims resolved during the reporting period;
“(E) the number of such claims declined in the reporting period; and
“(F) the number of such claims that are pending at the close of the reporting period; and
“(3) develop a procedure to forward a complaint, including the motor carrier bill of lading number, if known, related to the complaint to a motor carrier named in such complaint and to an appropriate State authority (as defined in section 14710(d) of title 49, United States Code) in the State in which the complainant resides.
“(b)
[For definitions of “carrier”, “household goods”, “motor carrier”, and “Secretary” as used in section 4214 of Pub. L. 109–59, set out above, see section 4202(a) of Pub. L. 109–59, set out as a note under section 13102 of this title.]
§14702. Enforcement by the regulatory authority
(a)
(1) to enforce section 14103 of this title; or
(2) to enforce this part, or a regulation or order of the Secretary or Board, as applicable, when violated by a carrier or broker providing transportation or service subject to jurisdiction under subchapter I or III of chapter 135 of this title or by a foreign motor carrier or foreign motor private carrier providing transportation registered under section 13902 of this title.
(b)
(1) trial is in the judicial district in which the carrier, foreign motor carrier, foreign motor private carrier, or broker operates;
(2) process may be served without regard to the territorial limits of the district or of the State in which the action is instituted; and
(3) a person participating with a carrier or broker in a violation may be joined in the civil action without regard to the residence of the person.
(c)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 905.)
Prior Provisions
Provisions similar to those in this section were contained in section 11702 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
§14703. Enforcement by the Attorney General
The Attorney General may, and on request of either the Secretary or the Board shall, bring court proceedings—
(1) to enforce this part or a regulation or order of the Secretary or Board or terms of registration under this part; and
(2) to prosecute a person violating this part or a regulation or order of the Secretary or Board or term of registration under this part.
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 905.)
Prior Provisions
Provisions similar to those in this section were contained in section 11703 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
§14704. Rights and remedies of persons injured by carriers or brokers
(a)
(1)
(2)
(b)
(c)
(1)
(2)
(A)
(B)
(d)
(1)
(2)
(e)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 905.)
Prior Provisions
Provisions similar to those in this section were contained in section 11705 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
§14705. Limitation on actions by and against carriers
(a)
(b)
(c)
(d)
(e)
(f)
(1) payment of the rate for the transportation or service involved;
(2) subsequent refund for overpayment of that rate; or
(3) deduction made under section 3726 of title 31.
(g)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 907.)
Prior Provisions
Provisions similar to those in this section were contained in section 11706 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
§14706. Liability of carriers under receipts and bills of lading
(a)
(1)
(2)
(b)
(c)
(1)
(A)
(B)
(C)
(2)
(d)
(1)
(2)
(3)
(4)
(A) in the case of a United States district court, a judicial district of the United States; and
(B) in the case of a State court, the applicable geographic area over which such court exercises jurisdiction.
(e)
(1)
(2)
(A) an offer of compromise shall not constitute a disallowance of any part of the claim unless the carrier, in writing, informs the claimant that such part of the claim is disallowed and provides reasons for such disallowance; and
(B) communications received from a carrier's insurer shall not constitute a disallowance of any part of the claim unless the insurer, in writing, informs the claimant that such part of the claim is disallowed, provides reason for such disallowance, and informs the claimant that the insurer is acting on behalf of the carrier.
(f)
(1)
(2)
(3)
(g)
(1)
(2)
(A) the efficient delivery of transportation services;
(B) international and intermodal harmony;
(C) the public interest; and
(D) the interest of carriers and shippers.
(3)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 907; amended Pub. L. 104–287, §5(38), Oct. 11, 1996, 110 Stat. 3392; Pub. L. 109–59, title IV, §4207, Aug. 10, 2005, 119 Stat. 1757.)
Prior Provisions
Provisions similar to those in this section were contained in sections 10730 and 11707 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Amendments
2005—Subsec. (f). Pub. L. 109–59 designated existing provisions as par. (1), inserted heading, and added pars. (2) and (3).
1996—Subsec. (g)(3). Pub. L. 104–287 substituted “January 1, 1996” for “the effective date of this section”.
Review of Liability of Carriers
Pub. L. 109–59, title IV, §4215, Aug. 10, 2005, 119 Stat. 1760, provided that:
“(a)
“(b)
“(1) whether the current regulations provide adequate protection;
“(2) the benefits of purchase by a shipper of insurance to supplement the carrier's limitations on liability; and
“(3) whether there are abuses of the current regulations that leave the shipper unprotected in the event of loss and damage to a shipment of household goods.”
[For definitions of “carrier”, “household goods”, “motor carrier”, and “transportation” as used in section 4215 of Pub. L. 109–59, set out above, see section 4202(a) of Pub. L. 109–59, set out as a note under section 13102 of this title.]
§14707. Private enforcement of registration requirement
(a)
(b)
(c)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 910.)
References in Text
The Federal Rules of Civil Procedure, referred to in subsec. (c), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
Prior Provisions
Provisions similar to those in this section were contained in section 11708 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
§14708. Dispute settlement program for household goods carriers
(a)
(b)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(c)
(d)
(1) the shipper submits a claim to the carrier within 120 days after the date the shipment is delivered or the date the delivery is scheduled, whichever is later;
(2) the shipper prevails in such court action; and
(3)(A) the shipper was not advised by the carrier during the claim settlement process that a dispute settlement program was available to resolve the dispute;
(B) a decision resolving the dispute was not rendered through arbitration under this section within the period provided under subsection (b)(8) of this section or an extension of such period under such subsection; or
(C) the court proceeding is to enforce a decision rendered through arbitration under this section and is instituted after the period for performance under such decision has elapsed.
(e)
(1) after resolution of such dispute through arbitration under this section; or
(2) after institution of an arbitration proceeding by the shipper to resolve such dispute under this section but before—
(A) the period provided under subsection (b)(8) for resolution of such dispute (including, if applicable, an extension of such period under such subsection) ends; and
(B) a decision resolving such dispute is rendered.
(f)
(g)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 910; amended Pub. L. 104–287, §5(38), Oct. 11, 1996, 110 Stat. 3392; Pub. L. 106–159, title II, §209(b), Dec. 9, 1999, 113 Stat. 1764; Pub. L. 109–59, title IV, §4208, Aug. 10, 2005, 119 Stat. 1757.)
Prior Provisions
Provisions similar to those in this section were contained in section 11711 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Amendments
2005—Subsec. (a). Pub. L. 109–59, §4208(a), inserted “and to determine whether carrier charges, in addition to those collected at delivery, must be paid by shippers for transportation and services related to transportation of household goods” before period at end.
Subsec. (b)(6). Pub. L. 109–59, §4208(b), substituted “$10,000” for “$5,000” in two places.
Subsec. (b)(8). Pub. L. 109–59, §4208(c), substituted “compensation for damages, and an order requiring the payment of additional carrier charges” for “and compensation for damages”.
Subsec. (d)(3). Pub. L. 109–59, §4208(d), added subpar. (A) and redesignated former subpars. (A) and (B) as (B) and (C), respectively.
1999—Subsec. (b)(6). Pub. L. 106–159 substituted “$5000” for “$1000” in two places.
1996—Subsec. (g). Pub. L. 104–287 substituted “January 1, 1996” for “the effective date of this section”.
§14709. Tariff reconciliation rules for motor carriers of property
Subject to review and approval by the Board, motor carriers subject to jurisdiction under subchapter I of chapter 135 (other than motor carriers providing transportation of household goods) and shippers may resolve, by mutual consent, overcharge and under-charge claims resulting from incorrect tariff provisions or billing errors arising from the inadvertent failure to properly and timely file and maintain agreed upon rates, rules, or classifications in compliance with section 13702 or, with respect to transportation provided before January 1, 1996, sections 10761 and 10762, as in effect on December 31, 1995. Resolution of such claims among the parties shall not subject any party to the penalties for departing from a tariff.
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 912; amended Pub. L. 104–287, §5(39), Oct. 11, 1996, 110 Stat. 3392.)
Historical and Revision Notes
Pub. L. 104–287
This amends 49:14709 by setting out the effective date of 49:14709 and for clarity and consistency.
References in Text
Sections 10761 and 10762, referred to in text, were omitted in the general amendment of this subtitle by Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 804, effective Jan. 1, 1996.
Prior Provisions
Provisions similar to those in this section were contained in section 11712 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Amendments
1996—Pub. L. 104–287 substituted “January 1, 1996” for “the effective date of this section” and “December 31, 1995” for “the day before the effective date of this section”.
§14710. Enforcement of Federal laws and regulations with respect to transportation of household goods
(a)
(b)
(c)
(d)
(Added Pub. L. 109–59, title IV, §4206(b)(1), Aug. 10, 2005, 119 Stat. 1754; amended Pub. L. 109–115, div. A, title I, §173(a), (b), Nov. 30, 2005, 119 Stat. 2426.)
Amendments
2005—Subsec. (a). Pub. L. 109–115, §173(a), (e), temporarily substituted “a State authority other than the attorney general of the state may, as parens patriae,” for “a State authority may” in first sentence and inserted second sentence which read as follows: “Any civil action for injunctive relief to enjoin such delivery or transportation or to compel a person to pay a fine or penalty assessed under chapter 149 shall be brought in an appropriate district court of the United States.” See Termination Date of 2005 Amendment note below.
Subsec. (b). Pub. L. 109–115, §173(b), (e), temporarily amended subsec. (b) to read as follows: “
Termination Date of 2005 Amendment
Pub. L. 109–115, div. A, title I, §173(e), Nov. 30, 2005, 119 Stat. 2426, provided that: “The amendments made by this section [amending this section and section 14711 of this title] shall cease to be in effect after September 30, 2006.”
Working Group for Development of Practices and Procedures To Enhance Federal-State Relations
Pub. L. 109–59, title IV, §4213, Aug. 10, 2005, 119 Stat. 1759, provided that:
“(a)
“(b)
“(c)
“(d)
[For definitions of “household goods”, “Secretary”, and “transportation” as used in section 4213 of Pub. L. 109–59, set out above, see section 4202(a) of Pub. L. 109–59, set out as a note under section 13102 of this title.]
§14711. Enforcement by State attorneys general
(a)
(b)
(1)
(2)
(A) shall review the initiation of a civil action under this section by a State if—
(i) the carrier or broker that is the subject of the action is not registered with the Department of Transportation;
(ii) the license of the carrier or broker for failure to file proof of required bodily injury or cargo liability insurance is pending, or the license has been revoked for any other reason by the Department;
(iii) the carrier is not rated or has received a conditional or unsatisfactory safety rating by the Department; or
(iv) the carrier or broker has been licensed with the Department for less than 5 years; and
(B) may review if the carrier or broker fails to meet criteria developed by the Secretary that are consistent with this section.
(3)
(4) 60
(c)
(1) be heard on all matters arising in such civil action; and
(2) file petitions for appeal of a decision in such civil actions.
(d)
(1) convey a right to initiate or maintain a class action lawsuit in the enforcement of a Federal law or regulation; or
(2) prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence.
(e)
(1) the venue shall be a Federal judicial district in which—
(A) the carrier, foreign motor carrier, or broker operates;
(B) the carrier, foreign motor carrier, or broker was authorized to provide transportation at the time the complaint arose; or
(C) where the defendant in the civil action is found;
(2) process may be served without regard to the territorial limits of the district or of the State in which the civil action is instituted; and
(3) a person who participated with a carrier or broker in an alleged violation that is being litigated in the civil action may be joined in the civil action without regard to the residence of the person.
(f)
(Added Pub. L. 109–59, title IV, §4206(b)(1), Aug. 10, 2005, 119 Stat. 1755; amended Pub. L. 109–115, div. A, title I, §173(c), (d), Nov. 30, 2005, 119 Stat. 2426.)
Amendments
2005—Subsec. (b)(1). Pub. L. 109–115, §173(c), (e), temporarily inserted at end “The State may initiate a civil action under subsection (a) if it is reviewable under subsection (b)(2).” See Termination Date of 2005 Amendment note below.
Subsec. (b)(4). Pub. L. 109–115, §173(d), (e), temporarily inserted “that is subject to review under subsection (b)(2)” before “if the Secretary”. See Termination Date of 2005 Amendment note below.
Termination Date of 2005 Amendment
Amendment by Pub. L. 109–115 to cease to be in effect after Sept. 30, 2006, see section 173(e) of Pub. L. 109–115, set out as a note under section 14710 of this title.
CHAPTER 149—CIVIL AND CRIMINAL PENALTIES
Amendments
2005—Pub. L. 109–59, title IV, §4210(b), Aug. 10, 2005, 119 Stat. 1759, added item 14915.
§14901. General civil penalties
(a)
(1) does not make the report;
(2) does not specifically, completely, and truthfully answer the question;
(3) does not make, prepare, or preserve the record in the form and manner prescribed;
(4) does not comply with section 13901; or
(5) does not comply with section 13902(c);
is liable to the United States for a civil penalty of not less than $500 for each violation and for each additional day the violation continues; except that, in the case of a person who is not registered under this part to provide transportation of passengers, or an officer, agent, or employee of such person, that does not comply with section 13901 with respect to providing transportation of passengers, the amount of the civil penalty shall not be less than $2,000 for each violation and for each additional day the violation continues.
(b)
(c)
(d)
(1)
(2)
(3)
(e)
(1) to falsify documents used in the transportation of household goods subject to jurisdiction under subchapter I or III of chapter 135 which evidence the weight of a shipment; or
(2) to charge for accessorial services which are not performed or for which the carrier is not entitled to be compensated in any case in which such services are not reasonably necessary in the safe and adequate movement of the shipment;
is liable to the United States for a civil penalty of not less than $2,000 for each violation and of not less than $5,000 for each subsequent violation. Any State may bring a civil action in the United States district courts to compel a person to pay a civil penalty assessed under this subsection.
(f)
(1) the carrier or broker has its principal office;
(2) the carrier or broker was authorized to provide transportation or service under this part when the violation occurred;
(3) the violation occurred; or
(4) the offender is found.
Process in the action may be served in the judicial district of which the offender is an inhabitant or in which the offender may be found.
(g)
(1)
(2)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 913; amended Pub. L. 109–59, title IV, §4209, Aug. 10, 2005, 119 Stat. 1758.)
References in Text
The Solid Waste Disposal Act, referred to in subsec. (b), is title II of Pub. L. 89–272, as amended generally by Pub. L. 94–580, §2, Oct. 21, 1976, 90 Stat. 2795, which is classified generally to chapter 82 (§6901 et seq.) of Title 42, The Public Health and Welfare. Section 3001 of the Act is classified to section 6921 of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 6901 of Title 42 and Tables.
Prior Provisions
Provisions similar to those in this section were contained in sections 10751 and 11901 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Amendments
2005—Subsec. (d). Pub. L. 109–59 designated existing provisions as par. (1), inserted heading, and added pars. (2) and (3).
Effective Date
Chapter effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 701 of this title.
Foreign Motor Carrier Penalties and Disqualifications
Pub. L. 106–159, title II, §219, Dec. 9, 1999, 113 Stat. 1768, provided that:
“(a)
“(b)
“(c)
“(d)
“(e)
“(f)
§14902. Civil penalty for accepting rebates from carrier
A person—
(1) delivering property to a carrier providing transportation or service subject to jurisdiction under chapter 135 for transportation under this part or for whom that carrier will transport the property as consignor or consignee for that person from a State or territory or possession of the United States to another State or possession, territory, or to a foreign country; and
(2) knowingly accepting or receiving by any means a rebate or offset against the rate for transportation for, or service of, that property contained in a tariff required under section 13702;
is liable to the United States for a civil penalty in an amount equal to 3 times the amount of money that person accepted or received as a rebate or offset and 3 times the value of other consideration accepted or received as a rebate or offset. In a civil action under this section, all money or other consideration received by the person during a period of 6 years before an action is brought under this section may be included in determining the amount of the penalty, and if that total amount is included, the penalty shall be 3 times that total amount.
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 915.)
Prior Provisions
Provisions similar to those in this section were contained in section 11902 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
§14903. Tariff violations
(a)
(b)
(c)
(d)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 915; amended Pub. L. 105–102, §2(12), Nov. 20, 1997, 111 Stat. 2205.)
Historical and Revision Notes
Pub. L. 105–102
This amends 49:14903(a) to correct a grammatical error.
Prior Provisions
Provisions similar to those in this section were contained in section 11903 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Amendments
1997—Subsec. (a). Pub. L. 105–102 inserted “a” before “civil penalty of not more than”.
§14904. Additional rate violations
(a)
(1) offers, grants, gives, solicits, accepts, or receives a rebate for concession, in violation of a provision of this part related to motor carrier transportation subject to jurisdiction under subchapter I of chapter 135; or
(2) by any means assists or permits another person to get transportation that is subject to jurisdiction under that subchapter at less than the rate in effect for that transportation under section 13702,
is liable to the United States for a civil penalty of $200 for the first violation and $250 for a subsequent violation.
(b)
(1)
(2)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 915.)
Prior Provisions
Provisions similar to those in this section were contained in section 11904 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
§14905. Penalties for violations of rules relating to loading and unloading motor vehicles
(a)
(b)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 916.)
Prior Provisions
Provisions similar to those in this section were contained in section 11902a of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
§14906. Evasion of regulation of carriers and brokers
A person, or an officer, employee, or agent of that person, that by any means tries to evade regulation provided under this part for carriers or brokers is liable to the United States for a civil penalty of $200 for the first violation and at least $250 for a subsequent violation.
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 916.)
Prior Provisions
Provisions similar to those in this section were contained in section 11906 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
§14907. Recordkeeping and reporting violations
A person required to make a report to the Secretary or the Board, as applicable, answer a question, or make, prepare, or preserve a record under this part about transportation subject to jurisdiction under subchapter I or III of chapter 135, or an officer, agent, or employee of that person, that—
(1) does not make that report;
(2) does not specifically, completely, and truthfully answer that question in 30 days from the date the Secretary or Board, as applicable, requires the question to be answered;
(3) does not make, prepare, or preserve that record in the form and manner prescribed;
(4) falsifies, destroys, mutilates, or changes that report or record;
(5) files a false report or record;
(6) makes a false or incomplete entry in that record about a business related fact or transaction; or
(7) makes, prepares, or preserves a record in violation of an applicable regulation or order of the Secretary or Board;
is liable to the United States for a civil penalty of not more than $5,000.
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 916.)
Prior Provisions
Provisions similar to those in this section were contained in section 11909 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
§14908. Unlawful disclosure of information
(a)
(1)
(2)
(b)
(1) in response to legal process issued under authority of a court of the United States or a State;
(2) to an officer, employee, or agent of the United States Government, a State, or a territory or possession of the United States; or
(3) to another carrier or its agent to adjust mutual traffic accounts in the ordinary course of business.
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 917.)
Prior Provisions
Provisions similar to those in this section were contained in section 11910 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
§14909. Disobedience to subpoenas
Whoever does not obey a subpoena or requirement of the Secretary or the Board to appear and testify or produce records shall be fined under title 18 or imprisoned not more than 1 year, or both.
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 917.)
Prior Provisions
Provisions similar to those in this section were contained in section 11913 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
§14910. General civil penalty when specific penalty not provided
When another civil penalty is not provided under this chapter, a person that violates a provision of this part or a regulation or order prescribed under this part, or a condition of a registration under this part related to transportation that is subject to jurisdiction under subchapter I or III of chapter 135 or a condition of a registration of a foreign motor carrier or foreign motor private carrier under section 13902, is liable to the United States for a civil penalty of $500 for each violation. A separate violation occurs each day the violation continues.
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 917.)
Prior Provisions
Provisions similar to those in this section were contained in section 11914 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
§14911. Punishment of corporation for violations committed by certain individuals
An act or omission that would be a violation of this part if committed by a director, officer, receiver, trustee, lessee, agent, or employee of a carrier providing transportation or service subject to jurisdiction under chapter 135 that is a corporation is also a violation of this part by that corporation. The penalties of this chapter apply to that violation. When acting in the scope of their employment, the actions and omissions of individuals acting for or employed by that carrier are considered to be the actions and omissions of that carrier as well as that individual.
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 917.)
Prior Provisions
Provisions similar to those in this section were contained in section 11915 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
§14912. Weight-bumping in household goods transportation
(a)
(b)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 918.)
Prior Provisions
Provisions similar to those in this section were contained in section 11917 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
§14913. Conclusiveness of rates in certain prosecutions
When a carrier publishes or files a particular rate under section 13702 or participates in such a rate, the published or filed rate is conclusive proof against that carrier, its officers, and agents that it is the legal rate for that transportation or service in a proceeding begun under section 14902 or 14903. A departure, or offer to depart, from that published or filed rate is a violation of those sections.
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 918.)
Prior Provisions
Provisions similar to those in this section were contained in section 11916 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
§14914. Civil penalty procedures
(a)
(b)
(c)
(d)
(1) application has been made for refund or remission of the penalty within 1 year from the date of payment; and
(2) the Board finds that the penalty was unlawfully, improperly, or excessively imposed.
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 918.)
§14915. Penalties for failure to give up possession of household goods
(a)
(1)
(2)
(3)
(b)
(c)
(Added Pub. L. 109–59, title IV, §4210(a), Aug. 10, 2005, 119 Stat. 1758.)
PART C—PIPELINE CARRIERS
Amendments
1996—Pub. L. 104–287, §5(40), Oct. 11, 1996, 110 Stat. 3392, made technical amendment to part heading.
CHAPTER 151—GENERAL PROVISIONS
Amendments
1996—Pub. L. 104–287, §5(41), Oct. 11, 1996, 110 Stat. 3392, struck out duplicative chapter heading.
§15101. Transportation policy
(a)
(1) to recognize and preserve the inherent advantage of each mode of transportation;
(2) to promote safe, adequate, economical, and efficient transportation;
(3) to encourage sound economic conditions in transportation, including sound economic conditions among carriers;
(4) to encourage the establishment and maintenance of reasonable rates for transportation without unreasonable discrimination or unfair or destructive competitive practices;
(5) to cooperate with each State and the officials of each State on transportation matters; and
(6) to encourage fair wages and working conditions in the transportation industry.
(b)
(Added Pub. L. 104–88, title I, §106(a), Dec. 29, 1995, 109 Stat. 921; amended Pub. L. 105–102, §2(13), Nov. 20, 1997, 111 Stat. 2205.)
Historical and Revision Notes
Pub. L. 105–102
This amends 49:15101(a) to correct a grammatical error.
Prior Provisions
Provisions similar to those in this section were contained in section 10101 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Amendments
1997—Subsec. (a). Pub. L. 105–102 struck out “of” after “Government to oversee”.
Effective Date
Chapter effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 701 of this title.
GAO Report
Section 106(b) of Pub. L. 104–88 provided that: “Within 3 years after the effective date of this Act [Jan. 1, 1996, except as otherwise provided, see Effective Date note set out under section 701 of this title], the Comptroller General shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report regarding the impact of regulations under part C [of subtitle IV] of title 49, United States Code, on the competitiveness of pipelines and recommend whether to continue, revise, or sunset such regulations. Congress shall take into account the findings of this report when considering the Board's [Surface Transportation Board] reauthorization.”
§15102. Definitions
In this part—
(1)
(2)
(3)
(4)
(5)
(A) property, facilities, instrumentalities, or equipment of any kind related to the movement of property, regardless of ownership or an agreement concerning use; and
(B) services related to that movement, including receipt, delivery, transfer in transit, storage, handling, and interchange of property.
(6)
(Added Pub. L. 104–88, title I, §106(a), Dec. 29, 1995, 109 Stat. 921.)
Prior Provisions
Provisions similar to those in this section were contained in section 10102 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
§15103. Remedies as cumulative
Except as otherwise provided in this part, the remedies provided under this part are in addition to remedies existing under another law or common law.
(Added Pub. L. 104–88, title I, §106(a), Dec. 29, 1995, 109 Stat. 922.)
Prior Provisions
Provisions similar to those in this section were contained in section 10103 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
CHAPTER 153—JURISDICTION
Amendments
1996—Pub. L. 104–287, §5(42), Oct. 11, 1996, 110 Stat. 3392, struck out duplicative chapter heading.
§15301. General pipeline jurisdiction
(a)
(1) a State and a place in another State;
(2) the District of Columbia and another place in the District of Columbia;
(3) a State and a place in a territory or possession of the United States;
(4) a territory or possession of the United States and a place in another such territory or possession;
(5) a territory or possession of the United States and another place in the same territory or possession;
(6) the United States and another place in the United States through a foreign country; or
(7) the United States and a place in a foreign country.
(b)
(c)
(Added Pub. L. 104–88, title I, §106(a), Dec. 29, 1995, 109 Stat. 922.)
Prior Provisions
Provisions similar to those in this section were contained in section 10501 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Effective Date
Chapter effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 701 of this title.
§15302. Authority to exempt pipeline carrier transportation
(a)
(1) is not necessary to carry out the transportation policy of section 15101; and
(2) either (A) the transaction or service is of limited scope, or (B) the application, in whole or in part, of the provision is not needed to protect shippers from the abuse of market power.
(b)
(c)
(d)
(Added Pub. L. 104–88, title I, §106(a), Dec. 29, 1995, 109 Stat. 923.)
CHAPTER 155—RATES
§15501. Standards for pipeline rates, classifications, through routes, rules, and practices
(a)
(b)
(Added Pub. L. 104–88, title I, §106(a), Dec. 29, 1995, 109 Stat. 923.)
Prior Provisions
Provisions similar to those in this section were contained in section 10701 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Effective Date
Chapter effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 701 of this title.
§15502. Authority for pipeline carriers to establish rates, classifications, rules, and practices
A pipeline carrier providing transportation or service subject to this part shall establish—
(1) rates and classifications for transportation and service it may provide under this part; and
(2) rules and practices on matters related to that transportation or service.
(Added Pub. L. 104–88, title I, §106(a), Dec. 29, 1995, 109 Stat. 923.)
Prior Provisions
Provisions similar to those in this section were contained in section 10702 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
§15503. Authority and criteria: rates, classifications, rules, and practices prescribed by Board
(a)
(b)
(1) the effect of the prescribed rate, classification, rule, or practice on the movement of traffic by that carrier;
(2) the need for revenues that are sufficient, under honest, economical, and efficient management, to let the carrier provide that transportation or service; and
(3) the availability of other economic transportation alternatives.
(c)
(Added Pub. L. 104–88, title I, §106(a), Dec. 29, 1995, 109 Stat. 924.)
Prior Provisions
Provisions similar to those in this section were contained in section 10704 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
§15504. Government traffic
A pipeline carrier providing transportation or service for the United States Government may transport property for the United States Government without charge or at a rate reduced from the applicable commercial rate. Section 3709 of the Revised Statutes (41 U.S.C. 5) does not apply when transportation for the United States Government can be obtained from a carrier lawfully operating in the area where the transportation would be provided.
(Added Pub. L. 104–88, title I, §106(a), Dec. 29, 1995, 109 Stat. 924.)
Prior Provisions
Provisions similar to those in this section were contained in section 10721 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
§15505. Prohibition against discrimination by pipeline carriers
A pipeline carrier providing transportation or service subject to this part may not subject a person, place, port, or type of traffic to unreasonable discrimination.
(Added Pub. L. 104–88, title I, §106(a), Dec. 29, 1995, 109 Stat. 924.)
Prior Provisions
Provisions similar to those in this section were contained in section 10741 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
§15506. Facilities for interchange of traffic
A pipeline carrier providing transportation subject to this part shall provide reasonable, proper, and equal facilities that are within its power to provide for the interchange of traffic between, and for the receiving, forwarding, and delivering of property to and from, its respective line and a connecting line of a pipeline, rail, or water carrier under this subtitle.
(Added Pub. L. 104–88, title I, §106(a), Dec. 29, 1995, 109 Stat. 924.)
Prior Provisions
Provisions similar to those in this section were contained in section 10742 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
CHAPTER 157—OPERATIONS OF CARRIERS
SUBCHAPTER A—GENERAL REQUIREMENTS
SUBCHAPTER B—OPERATIONS OF CARRIERS
Amendments
1996—Pub. L. 104–287, §5(43)(A), Oct. 11, 1996, 110 Stat. 3392, struck out duplicative chapter heading and made technical amendments to items for subchapters A and B.
SUBCHAPTER A—GENERAL REQUIREMENTS
Amendments
1996—Pub. L. 104–287, §5(43)(B)(i), Oct. 11, 1996, 110 Stat. 3393, made technical amendment to subchapter heading.
§15701. Providing transportation and service
(a)
(b)
(1) in writing and forwarded to the requesting person promptly after receipt of the request; or
(2) promptly made available in electronic form.
(c)
(1) has requested such rates or terms under subsection (b); or
(2) has made arrangements with the carrier for a shipment that would be subject to such increased rates or changed terms.
(d)
(e)
(Added Pub. L. 104–88, title I, §106(a), Dec. 29, 1995, 109 Stat. 925; amended Pub. L. 104–287, §5(44), Oct. 11, 1996, 110 Stat. 3393.)
Prior Provisions
Provisions similar to those in this section were contained in section 11101 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Amendments
1996—Subsec. (e). Pub. L. 104–287 substituted “January 1, 1996” for “the effective date of this section”.
Effective Date
Chapter effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 701 of this title.
SUBCHAPTER B—OPERATIONS OF CARRIERS
Amendments
1996—Pub. L. 104–287, §5(43)(B)(ii), Oct. 11, 1996, 110 Stat. 3393, made technical amendment to subchapter heading.
§15721. Definitions
In this subchapter, the following definitions apply:
(1)
(2)
(3)
(Added Pub. L. 104–88, title I, §106(a), Dec. 29, 1995, 109 Stat. 925.)
Prior Provisions
Provisions similar to those in this section were contained in section 11141 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
§15722. Records: form; inspection; preservation
(a)
(b)
(1) inspect and examine the lands, buildings, and equipment of a pipeline carrier or lessor; and
(2) inspect and copy any record of—
(A) a pipeline carrier, lessor, or association; and
(B) a person controlling, controlled by, or under common control with a pipeline carrier if the Board considers inspection relevant to that person's relation to, or transaction with, that carrier.
(c)
(Added Pub. L. 104–88, title I, §106(a), Dec. 29, 1995, 109 Stat. 926.)
Prior Provisions
Provisions similar to those in this section were contained in section 11144 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
§15723. Reports by carriers, lessors, and associations
(a)
(b)
(Added Pub. L. 104–88, title I, §106(a), Dec. 29, 1995, 109 Stat. 926.)
Prior Provisions
Provisions similar to those in this section were contained in section 11145 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
CHAPTER 159—ENFORCEMENT: INVESTIGATIONS, RIGHTS, AND REMEDIES
Amendments
1998—Pub. L. 105–225, §7(d), Aug. 12, 1998, 112 Stat. 1512, made technical amendment to directory language of Pub. L. 104–287, §5(45)(A), effective Oct. 11, 1996. See 1996 Amendment note below.
1997—Pub. L. 105–102, §3(d)(1)(A), Nov. 20, 1997, 111 Stat. 2215, which directed technical correction of directory language of Pub. L. 104–287, §5(45)(A), by substituting “ENFORCEMENT:” for “ENFORCEMENT,”, could not be executed because “ENFORCEMENT,” does not appear in section 5(45)(A).
Pub. L. 105–102, §2(14), Nov. 20, 1997, 111 Stat. 2205, substituted “pipeline” for “certain” in item 15904.
1996—Pub. L. 104–287, §5(45)(B), Oct. 11, 1996, 110 Stat. 3393, struck out item 15907 “Liability when property is delivered in violation of routing instructions”.
Pub. L. 104–287, §5(45)(A), Oct. 11, 1996, 110 Stat. 3393, as amended by Pub. L. 105–225, struck out duplicative chapter heading.
§15901. General authority
(a)
(b)
(c)
(Added Pub. L. 104–88, title I, §106(a), Dec. 29, 1995, 109 Stat. 926.)
Prior Provisions
Provisions similar to those in this section were contained in section 11701 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Effective Date
Chapter effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 701 of this title.
§15902. Enforcement by the Board
The Board may bring a civil action to enforce an order of the Board, except a civil action to enforce an order for the payment of money, when it is violated by a pipeline carrier providing transportation subject to this part.
(Added Pub. L. 104–88, title I, §106(a), Dec. 29, 1995, 109 Stat. 927.)
Prior Provisions
Provisions similar to those in this section were contained in section 11702 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
§15903. Enforcement by the Attorney General
(a)
(b)
(Added Pub. L. 104–88, title I, §106(a), Dec. 29, 1995, 109 Stat. 927.)
Prior Provisions
Provisions similar to those in this section were contained in section 11703 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
§15904. Rights and remedies of persons injured by pipeline carriers
(a)
(b)
(1)
(2)
(c)
(1)
(2)
(d)
(1)
(2)
(Added Pub. L. 104–88, title I, §106(a), Dec. 29, 1995, 109 Stat. 927; amended Pub. L. 105–102, §2(15), Nov. 20, 1997, 111 Stat. 2205; Pub. L. 105–225, §7(b)(2), Aug. 12, 1998, 112 Stat. 1511.)
Historical and Revision Notes
Pub. L. 105–102
This amends 49:15904(c)(1) to correct an erroneous cross-reference.
Prior Provisions
Provisions similar to those in this section were contained in section 11705 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Amendments
1998—Subsec. (c)(1). Pub. L. 105–225 inserted “section” before “15901(b)”.
1997—Subsec. (c)(1). Pub. L. 105–102 substituted “15901(b)” for “section 11501(b)”.
§15905. Limitation on actions by and against pipeline carriers
(a)
(b)
(c)
(d)
(e)
(f)
(1) payment of the rate for the transportation or service involved,
(2) subsequent refund for overpayment of that rate, or
(3) deduction made under section 3726 of title 31,
whichever is later.
(g)
(Added Pub. L. 104–88, title I, §106(a), Dec. 29, 1995, 109 Stat. 928.)
Prior Provisions
Provisions similar to those in this section were contained in section 11706 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
§15906. Liability of pipeline carriers under receipts and bills of lading
(a)
(b)
(c)
(d)
(1) an offer of compromise shall not constitute a disallowance of any part of the claim unless the carrier, in writing, informs the claimant that such part of the claim is disallowed and provides reasons for such disallowance; and
(2) communications received from a carrier's insurer shall not constitute a disallowance of any part of the claim unless the insurer, in writing, informs the claimant that such part of the claim is disallowed, provides reasons for such disallowance, and informs the claimant that the insurer is acting on behalf of the carrier.
(Added Pub. L. 104–88, title I, §106(a), Dec. 29, 1995, 109 Stat. 929.)
Prior Provisions
Provisions similar to those in this section were contained in section 11707 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
CHAPTER 161—CIVIL AND CRIMINAL PENALTIES
Amendments
1996—Pub. L. 104–287, §5(46), Oct. 11, 1996, 110 Stat. 3393, struck out duplicative chapter heading.
§16101. General civil penalties
(a)
(b)
(1)
(2)
(3)
(4)
(c)
(Added Pub. L. 104–88, title I, §106(a), Dec. 29, 1995, 109 Stat. 930; amended Pub. L. 105–102, §2(16), Nov. 20, 1997, 111 Stat. 2205.)
Historical and Revision Notes
Pub. L. 105–102
This amends 49:16101 to redesignate subsection (d) as (c) because no subsection (c) was enacted.
Prior Provisions
Provisions similar to those in this section were contained in section 11901 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Amendments
1997—Subsecs. (c), (d). Pub. L. 105–102 redesignated subsec. (d) as (c).
Effective Date
Chapter effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 701 of this title.
§16102. Recordkeeping and reporting violations
A person required to make a report to the Board, or make, prepare, or preserve a record, under chapter 157 about transportation subject to this part that knowingly and willfully—
(1) makes a false entry in the report or record,
(2) destroys, mutilates, changes, or by another means falsifies the record,
(3) does not enter business related facts and transactions in the record,
(4) makes, prepares, or preserves the record in violation of a regulation or order of the Board, or
(5) files a false report or record with the Board,
shall be fined under title 18 or imprisoned not more than 2 years, or both.
(Added Pub. L. 104–88, title I, §106(a), Dec. 29, 1995, 109 Stat. 930.)
Prior Provisions
Provisions similar to those in this section were contained in section 11909 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
§16103. Unlawful disclosure of information
(a)
(b)
(1) in response to legal process issued under authority of a court of the United States or a State;
(2) to an officer, employee, or agent of the United States Government, a State, or a territory or possession of the United States; or
(3) to another carrier or its agent to adjust mutual traffic accounts in the ordinary course of business.
(c)
(Added Pub. L. 104–88, title I, §106(a), Dec. 29, 1995, 109 Stat. 931.)
Prior Provisions
Provisions similar to those in this section were contained in section 11910 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
§16104. Disobedience to subpenas
Whoever does not obey a subpena or requirement of the Board to appear and testify or produce records shall be fined under title 18 or imprisoned not more than 1 year, or both.
(Added Pub. L. 104–88, title I, §106(a), Dec. 29, 1995, 109 Stat. 931.)
Prior Provisions
Provisions similar to those in this section were contained in section 11913 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
§16105. General criminal penalty when specific penalty not provided
When another criminal penalty is not provided under this chapter, a pipeline carrier providing transportation subject to this part, and when that carrier is a corporation, a director or officer of the corporation, or a receiver, trustee, lessee, or person acting for or employed by the corporation that, alone or with another person, willfully violates this part or an order prescribed under this part, shall be fined under title 18 or imprisoned not more than 2 years, or both. A separate violation occurs each day a violation of this part continues.
(Added Pub. L. 104–88, title I, §106(a), Dec. 29, 1995, 109 Stat. 931.)
Prior Provisions
Provisions similar to those in this section were contained in section 11914 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
§16106. Punishment of corporation for violations committed by certain individuals
An act or omission that would be a violation of this subtitle if committed by a director, officer, receiver, trustee, lessee, agent, or employee of a pipeline carrier providing transportation or service subject to this part that is a corporation is also a violation of this part by that corporation. The penalties of this chapter apply to that violation. When acting in the scope of their employment, the actions and omissions of individuals acting for or employed by that carrier are considered to be the actions and omissions of that carrier as well as that individual.
(Added Pub. L. 104–88, title I, §106(a), Dec. 29, 1995, 109 Stat. 931.)
Prior Provisions
Provisions similar to those in this section were contained in section 11915 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
SUBTITLE V—RAIL PROGRAMS
PART A—SAFETY
PART B—ASSISTANCE
PART C—PASSENGER TRANSPORTATION
PART D—HIGH-SPEED RAIL
PART E—MISCELLANEOUS
Amendments
2007—Pub. L. 110–140, title XI, §1112(b), Dec. 19, 2007, 121 Stat. 1759, substituted “Capital Grants for Class II and Class III Railroads” for “Light Density Rail Line Pilot Projects” in item for chapter 223.
1998—Pub. L. 105–178, title VII, §7202(b), June 9, 1998, 112 Stat. 471, added item for chapter 223.
1997—Pub. L. 105–134, title I, §106(a), Dec. 2, 1997, 111 Stat. 2573, struck out item for chapter 245 “Amtrak Commuter”.
1996—Pub. L. 104–287, §5(56)(B), Oct. 11, 1996, 110 Stat. 3394, added item for chapter 283.
1994—Pub. L. 103–440, title I, §103(b)(1), Nov. 2, 1994, 108 Stat. 4618, added part D and item for chapter 261, struck out former part D “MISCELLANEOUS” and former item for chapter 261 “Law Enforcement . . . 26101”, and added part E and item for chapter 281.
PART A—SAFETY
CHAPTER 201—GENERAL
SUBCHAPTER I—GENERAL
SUBCHAPTER II—PARTICULAR ASPECTS OF SAFETY
Amendments
2005—Pub. L. 109–59, title IX, §§9002(a)(2), 9005(b)(2), Aug. 10, 2005, 119 Stat. 1921, 1925, added items 20154 and 20155.
1995—Pub. L. 104–66, title I, §1121(g)(2), Dec. 21, 1995, 109 Stat. 724, struck out item 20116 “Biennial report”.
1994—Pub. L. 103–440, title II, §§206(b), 207(b), 210(b), 211(b), 212(b), 213(b), 214(b), 215(b), 219(b), title III, §§301(b), 302(b), Nov. 2, 1994, 108 Stat. 4621–4624, 4626, 4628, substituted “Biennial” for “Annual” in item 20116 and “cars” for “equipment” in item 20133 and added items 20145 to 20153.
1 Section catchline amended by Pub. L. 110–53 without corresponding amendment of chapter analysis.
SUBCHAPTER I—GENERAL
§20101. Purpose
The purpose of this chapter is to promote safety in every area of railroad operations and reduce railroad-related accidents and incidents.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 863.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20101 | 45:421. | Oct. 16, 1970, Pub. L. 91–458, §101, 84 Stat. 971. |
The words “The Congress declares that” are omitted as surplus. The words “accidents and incidents” are substituted for “accidents” for consistency with the source provisions restated in section 20105(b)(1)(B) of the revised title. The words “and to reduce deaths and injuries to persons and to reduce damage to property caused by accidents involving any carrier of hazardous materials” are omitted as obsolete because they applied to 49 App.:1761 and 1762, that were repealed by section 113(g) of the Hazardous Materials Transportation Act (Public Law 93–633, 88 Stat. 2163).
Short Title of 1997 Amendment
Pub. L. 105–134, §1(a), Dec. 2, 1997, 111 Stat. 2570, provided that: “This Act [enacting section 28103 of this title, amending sections 24101, 24102, 24104, 24301 to 24307, 24309, 24312, 24315, 24701, 24706, 24902, and 24904 of this title, section 8G of the Inspector General Act of 1978, Pub. L. 95–452, set out in the Appendix to Title 5, Government Organization and Employees, and section 9101 of Title 31, Money and Finance, repealing sections 24310, 24314, 24501 to 24506, 24702 to 24705, 24707, 24708, and 24903 of this title, and section 1111 of Title 45, Railroads, and enacting provisions set out as notes under this section and sections 24101, 24104, 24301, 24304, 24305, 24307, 24312, 24315, 24501, and 24706 of this title, section 8G of the Appendix to Title 5, and section 172 of Title 26, Internal Revenue Code] may be cited as the ‘Amtrak Reform and Accountability Act of 1997’.”
Short Title of 1994 Amendment
Pub. L. 103–440, title I, §101, Nov. 2, 1994, 108 Stat. 4615, provided that: “This title [enacting sections 26101 to 26105 of this title, renumbering former sections 26101 and 26102 of this title as 28101 and 28102 of this title, respectively, and enacting provisions set out as notes under section 26101 of this title and section 838 of Title 45, Railroads] may be cited as the ‘Swift Rail Development Act of 1994’.”
Pub. L. 103–440, title II, §201, Nov. 2, 1994, 108 Stat. 4619, provided that: “This title [enacting sections 20145 to 20151 and 21108 of this title, amending sections 103, 20103, 20111, 20116, 20117, 20133, 20142, and 21303 of this title, and enacting provisions set out as a note under section 11504 of this title] may be cited as the ‘Federal Railroad Safety Authorization Act of 1994’.”
§20102. Definitions
In this part—
(1) “railroad”—
(A) means any form of nonhighway ground transportation that runs on rails or electromagnetic guideways, including—
(i) commuter or other short-haul railroad passenger service in a metropolitan or suburban area and commuter railroad service that was operated by the Consolidated Rail Corporation on January 1, 1979; and
(ii) high speed ground transportation systems that connect metropolitan areas, without regard to whether those systems use new technologies not associated with traditional railroads; but
(B) does not include rapid transit operations in an urban area that are not connected to the general railroad system of transportation.
(2) “railroad carrier” means a person providing railroad transportation.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 863.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20102(1) | 45:16. | Apr. 14, 1910, ch. 160, §1, 36 Stat. 298; restated June 22, 1988, Pub. L. 100–342, §13(3)(E), 102 Stat. 632. |
| 45:22. | Feb. 17, 1911, ch. 103, §1, 36 Stat. 913; June 7, 1924, ch. 355, §1, 43 Stat. 659; restated June 22, 1988, Pub. L. 100–342, §14(1), 102 Stat. 632. | |
| 45:38 (last sentence). | May 6, 1910, ch. 208, 36 Stat. 350, §1 (last sentence); added June 22, 1988, Pub. L. 100–342, §15(1)(C), 102 Stat. 633. | |
| 45:61(a). | Mar. 4, 1907, ch. 2939, §1(a), 34 Stat. 1415; Dec. 26, 1969, Pub. L. 91–169, §1, 83 Stat. 463; restated Nov. 2, 1978, Pub. L. 95–574, §5, 92 Stat. 2461; June 22, 1988, Pub. L. 100–342, §16(1)(A), 102 Stat. 634. | |
| 45:61(b)(1). | Mar. 4, 1907, ch. 2939, §1(b)(1), 34 Stat. 1415; restated Dec. 26, 1969, Pub. L. 91–169, §1, 83 Stat. 463; June 22, 1988, Pub. L. 100–342, §16(1)(B), 102 Stat. 634. | |
| 45:431(e). | Oct. 16, 1970, Pub. L. 91–458, §202(e), 84 Stat. 971; restated June 22, 1988, Pub. L. 100–342, §7(a), 102 Stat. 628. | |
| 49:App.:26(a). | Feb. 4, 1887, ch. 104, 24 Stat. 379, §25(a); added Feb. 28, 1920, ch. 91, §441, 41 Stat. 498; Aug. 26, 1937, ch. 818, 50 Stat. 835; Sept. 18, 1940, ch. 722, §14(b), 54 Stat. 919; restated June 22, 1988, Pub. L. 100–342, §17(1), 102 Stat. 635. | |
| 20102(2) | (no source). |
Clause (1) is substituted for the source provisions to avoid repeating the definition of “railroad” in each chapter in this part.
Clause (2) is added to distinguish between railroad transportation and the entity providing railroad transportation.
§20103. General authority
(a)
(b)
(c)
(d)
(e)
(f)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 863; Pub. L. 103–440, title II, §217, Nov. 2, 1994, 108 Stat. 4624; Pub. L. 107–296, title XVII, §1710(b), Nov. 25, 2002, 116 Stat. 2319.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20103(a) | 45:431(a) (1st sentence cl. (1)). | Oct. 16, 1970, Pub. L. 91–458, §202(a) (1st sentence cl. (1)), (b), (c), 84 Stat. 971. |
| 20103(b) | 45:431(d) (21st–last words). | Oct. 16, 1970, Pub. L. 91–458, §202(d), 84 Stat. 971; restated July 8, 1976, Pub. L. 94–348, §5(a), 90 Stat. 819. |
| 20103(c) | 45:431(d) (1st–20th words). | |
| 20103(d) | 45:431(c). | |
| 20103(e) | 45:431(b). |
In this part, the word “rule” is omitted as being synonymous with “regulation”. The word “standard” is omitted as being included in “regulation”.
In subsection (a), the words “(hereafter in this subchapter referred to as the ‘Secretary’)” in 45:431(a) (1st sentence cl. (1)) are omitted as surplus because the complete name of the Secretary of Transportation is used the first time the term appears in a section.
In subsection (b), the words “within 180 days after July 8, 1976” are omitted as expired. The word “prescribe” is substituted for “take such action as may be necessary to develop and publish” for consistency in the revised title and with other titles of the United States Code and to eliminate unnecessary words.
In subsection (d), the words “after hearing in accordance with subsection (b) of this section” are omitted as surplus because of the language restated in subsection (e) of this section.
Amendments
2002—Subsec. (a). Pub. L. 107–296 inserted at end “When prescribing a security regulation or issuing a security order that affects the safety of railroad operations, the Secretary of Homeland Security shall consult with the Secretary.”
1994—Subsec. (f). Pub. L. 103–440 added subsec. (f).
Effective Date of 2002 Amendment
Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.
Regulations
Section 4(t) of Pub. L. 103–272 provided that:
“(1) Not later than March 3, 1995, the Secretary of Transportation shall complete a regulatory proceeding to consider prescribing regulations to improve the safety and working conditions of locomotive cabs. The proceeding shall assess—
“(A) the adequacy of Locomotive Crashworthiness Requirements Standard S–580, or any successor standard, adopted by the Association of American Railroads in 1989 in improving the safety of locomotive cabs; and
“(B) the extent to which environmental, sanitary, and other working conditions in locomotive cabs affect productivity, health, and the safe operation of locomotives.
“(2)
“(A) the costs and benefits associated with equipping locomotives with—
“(i) braced collision posts;
“(ii) rollover protection devices;
“(iii) deflection plates;
“(iv) shatterproof windows;
“(v) readily accessible crash refuges;
“(vi) uniform sill heights;
“(vii) anticlimbers, or other equipment designed to prevent overrides resulting from head-on locomotive collisions;
“(viii) equipment to deter post-collision entry of flammable liquids into locomotive cabs;
“(ix) any other devices intended to provide crash protection for occupants of locomotive cabs; and
“(x) functioning and regularly maintained sanitary facilities; and
“(B) the effects on train crews of the presence of asbestos in locomotive components.
“(3)
§20104. Emergency authority
(a)
(2) The order shall describe the condition or practice, or a combination of conditions and practices, that causes the emergency situation and prescribe standards and procedures for obtaining relief from the order. This paragraph does not affect the Secretary's discretion under this section to maintain the order in effect for as long as the emergency situation exists.
(b)
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 864.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20104(a) | 45:432(a), (d). | Oct. 16, 1970, Pub. L. 91–458, §203, 84 Stat. 972; restated Oct. 10, 1980, Pub. L. 96–423, §3, 94 Stat. 1811. |
| 20104(b) | 45:432(b), (c). | |
| 20104(c) | 45:432(e). |
In subsection (a)(1), the words “or both” are omitted as surplus. The words “immediately may order restrictions and prohibitions . . . that may be necessary to abate the situation” are substituted for “may immediately issue an order . . . imposing such restrictions or prohibitions as may be necessary to bring about the abatement of such emergency situation” to eliminate unnecessary words.
In subsection (a)(2), the words “or a combination of conditions and practices” are added for consistency with paragraph (1). The words “(as determined by the Secretary)” are omitted as surplus. The last sentence is substituted for 45:432(d) (last sentence) for clarity.
In subsection (b), the words “the Secretary” are added for clarity.
In subsection (c), the words “issue an order” are substituted for “seek relief” for consistency in this section. The words “The action must be brought in the judicial district” are substituted for “for the judicial district” for consistency in the revised title.
§20105. State participation
(a)
(b)
(A) a certification that the authority—
(i) has regulatory jurisdiction over the safety practices for railroad equipment, facilities, rolling stock, and operations in the State;
(ii) was given a copy of each safety regulation prescribed and order issued by the Secretary concerned, that applies to the equipment, facilities, rolling stock, or operations, as of the date of certification; and
(iii) is conducting the investigative and surveillance activities prescribed by the Secretary concerned under subsection (a) of this section; and
(B) a report, in the form the Secretary concerned prescribes by regulation, that includes—
(i) the name and address of each railroad carrier subject to the safety jurisdiction of the authority;
(ii) each accident or incident reported during the prior 12 months by a railroad carrier involving a fatality, personal injury requiring hospitalization, or property damage of more than $750 (or a higher amount prescribed by the Secretary concerned), and a summary of the authority's investigation of the cause and circumstances surrounding the accident or incident;
(iii) the record maintenance, reporting, and inspection practices conducted by the authority to aid the Secretary concerned in enforcing railroad safety regulations prescribed and orders issued by the Secretary concerned, including the number of inspections made of railroad equipment, facilities, rolling stock, and operations by the authority during the prior 12 months; and
(iv) other information the Secretary concerned requires.
(2) An annual certification applies to a safety regulation prescribed or order issued after the date of the certification only if the State authority submits an appropriate certification to provide the necessary investigative and surveillance activities.
(3) If, after receipt of an annual certification, the Secretary concerned decides the State authority is not complying satisfactorily with the investigative and surveillance activities prescribed under subsection (a) of this section, the Secretary concerned may reject any part of the certification or take other appropriate action to achieve adequate enforcement. The Secretary concerned must give the authority notice and an opportunity for a hearing before taking action under this paragraph. When the Secretary concerned gives notice, the burden of proof is on the authority to show that it is complying satisfactorily with the investigative and surveillance activities prescribed by the Secretary concerned.
(c)
(2) The Secretary concerned may terminate any part of an agreement made under this subsection on finding that the authority has not provided every part of the investigative and surveillance activities to which the agreement relates. The Secretary concerned must give the authority notice and an opportunity for a hearing before making such a finding. The finding and termination shall be published in the Federal Register and may not become effective for at least 15 days after the date of publication.
(d)
(e)
(f)
(g)
(1) the term “safety” includes security; and
(2) the term “Secretary concerned” means—
(A) the Secretary of Transportation, with respect to railroad safety matters concerning such Secretary under laws administered by that Secretary; and
(B) the Secretary of Homeland Security, with respect to railroad safety matters concerning such Secretary under laws administered by that Secretary.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 864; Pub. L. 107–296, title XVII, §1710(a), Nov. 25, 2002, 116 Stat. 2319.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20105(a) | 45:435(a) (1st sentence related to authority for State participation). | Oct. 16, 1970, Pub. L. 91–458, §206(a) (1st sentence), (b), (f), 84 Stat. 972, 973, 974; Nov. 16, 1990, Pub. L. 101–615, §28(a)(1)–(3), (b), (c), 104 Stat. 3276, 3277. |
| 20105(b) (1)(A) | 45:435(a) (1st sentence related to contents of certification). | |
| 20105(b) (1)(B) | 45:435(b) (1st sentence). | |
| 20105(b)(2) | 45:435(f). | |
| 20105(b)(3) | 45:435(b) (2d–last sentences). | |
| 20105(c) | 45:435(c). | Oct. 16, 1970, Pub. L. 91–458, §206(c), (e), 84 Stat. 973, 974. |
| 20105(d) | 45:435(g). | Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, §206(g); added Oct. 10, 1980, Pub. L. 96–423, §4(a), 94 Stat. 1812. |
| 20105(e) | 45:435(d). | Oct. 16, 1970, Pub. L. 91–458, §206(d), 84 Stat. 974; Oct. 10, 1980, Pub. L. 96–423, §4(b), 94 Stat. 1812. |
| 20105(f) | 45:435(e). |
In subsection (a), the first sentence is added for clarity.
In subsection (b)(1)(A)(iii), the words “as necessary for the enforcement by him of each rule, regulation, order, and standard referred to in paragraph (2) of this subsection, as interpreted by the Secretary” are omitted as surplus.
In subsection (b)(1)(B)(i) and (ii), the words “railroad carrier” are substituted for “railroad” because of the definition of “railroad carrier” in section 20102 of the revised title.
In subsection (b)(1)(B)(iii), the words “a detail of” are omitted as surplus.
In subsection (b)(3), the text of 45:435(b) (2d sentence) and the words “as he deems”, “reasonable”, and “with respect to such safety rules, regulations, orders, and standards” are omitted as surplus.
In subsection (c)(1), the word “enforce” is substituted for “obtain compliance with” for clarity and consistency in this section.
In subsection (e), the words “out of funds appropriated pursuant to this subchapter or otherwise made available”, “reasonably”, and “satisfactory” are omitted as surplus. The words “will be at least as much as the average amount expended” are substituted for “will be maintained at a level which does not fall below the average level of such expenditures” for clarity and to eliminate unnecessary words.
Amendments
2002—Subsec. (a). Pub. L. 107–296, §1710(a)(2), substituted “the Secretary concerned” for “the Secretary” in second sentence.
Pub. L. 107–296, §1710(a)(1), substituted “The Secretary concerned” for “The Secretary of Transportation” in first sentence.
Subsecs. (b), (c). Pub. L. 107–296, §1710(a)(2), substituted “Secretary concerned” for “Secretary” wherever appearing.
Subsec. (d). Pub. L. 107–296, §1710(a)(2), (3), substituted “Secretary concerned” for “Secretary” and “duties under chapters 203–213 of this title (in the case of the Secretary of Transportation) and duties under section 114 of this title (in the case of the Secretary of Homeland Security)” for “Secretary's duties under chapters 203–213 of this title”.
Subsec. (e). Pub. L. 107–296, §1710(a)(2), substituted “Secretary concerned” for “Secretary” wherever appearing.
Subsec. (f). Pub. L. 107–296, §1710(a)(2), (4), substituted “Secretary concerned” for “Secretary” and “chapter (in the case of the Secretary of Transportation) and duties under section 114 of this title (in the case of the Secretary of Homeland Security)” for “chapter”.
Subsec. (g). Pub. L. 107–296, §1710(a)(5), added subsec. (g).
Effective Date of 2002 Amendment
Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.
1 So in original. Probably should be “Secretary concerned”.
§20106. Preemption
(a)
(2) A State may adopt or continue in force a law, regulation, or order related to railroad safety or security until the Secretary of Transportation (with respect to railroad safety matters), or the Secretary of Homeland Security (with respect to railroad security matters), prescribes a regulation or issues an order covering the subject matter of the State requirement. A State may adopt or continue in force an additional or more stringent law, regulation, or order related to railroad safety or security when the law, regulation, or order—
(A) is necessary to eliminate or reduce an essentially local safety or security hazard;
(B) is not incompatible with a law, regulation, or order of the United States Government; and
(C) does not unreasonably burden interstate commerce.
(b)
(A) has failed to comply with the Federal standard of care established by a regulation or order issued by the Secretary of Transportation (with respect to railroad safety matters), or the Secretary of Homeland Security (with respect to railroad security matters), covering the subject matter as provided in subsection (a) of this section;
(B) has failed to comply with its own plan, rule, or standard that it created pursuant to a regulation or order issued by either of the Secretaries; or
(C) has failed to comply with a State law, regulation, or order that is not incompatible with subsection (a)(2).
(2) This subsection shall apply to all pending State law causes of action arising from events or activities occurring on or after January 18, 2002.
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 866; Pub. L. 107–296, title XVII, §1710(c), Nov. 25, 2002, 116 Stat. 2319; Pub. L. 110–53, title XV, §1528, Aug. 3, 2007, 121 Stat. 453.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20106 | 45:434. | Oct. 16, 1970, Pub. L. 91–458, §205, 84 Stat. 972. |
In this section, before clause (1), the words “The Congress declares that” are omitted as unnecessary. In clause (3), the word “unreasonably” is substituted for “undue” for consistency in the revised title and with other titles of the United States Code.
Amendments
2007—Pub. L. 110–53 amended section generally. Prior to amendment, text of section read as follows: “Laws, regulations, and orders related to railroad safety and laws, regulations, and orders related to railroad security shall be nationally uniform to the extent practicable. A State may adopt or continue in force a law, regulation, or order related to railroad safety or security until the Secretary of Transportation (with respect to railroad safety matters), or the Secretary of Homeland Security (with respect to railroad security matters), prescribes a regulation or issues an order covering the subject matter of the State requirement. A State may adopt or continue in force an additional or more stringent law, regulation, or order related to railroad safety or security when the law, regulation, or order—
“(1) is necessary to eliminate or reduce an essentially local safety or security hazard;
“(2) is not incompatible with a law, regulation, or order of the United States Government; and
“(3) does not unreasonably burden interstate commerce.”
2002—Pub. L. 107–296, §1710(c), in introductory provisions, in first sentence inserted “and laws, regulations, and orders related to railroad security” after “safety”, in second sentence substituted “Transportation (with respect to railroad safety matters), or the Secretary of Homeland Security (with respect to railroad security matters),” for “Transportation”, and in second and third sentences inserted “or security” after “order related to railroad safety”.
Par. (1). Pub. L. 107–296, §1710(c)(2), inserted “or security” after “safety”.
Effective Date of 2002 Amendment
Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.
§20107. Inspection and investigation
(a)
(1) conduct investigations, make reports, issue subpenas, require the production of documents, take depositions, and prescribe recordkeeping and reporting requirements; and
(2) delegate to a public entity or qualified person the inspection, examination, and testing of railroad equipment, facilities, rolling stock, operations, and persons.
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 866.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20107(a) | 45:437(a) (1st sentence words before 9th and after 14th commas). | Oct. 16, 1970, Pub. L. 91–458, §208(a) (1st sentence words before 9th and after 14th commas), 84 Stat. 974, 975. |
| 45:437(d)(1) (1st sentence). | Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, §208(d)(1) (1st sentence); added Oct. 10, 1980, Pub. L. 96–423, §6(b), 94 Stat. 1813. | |
| 20107(b) | 45:437(b). | Oct. 16, 1970, Pub. L. 91–458, §208(b), 84 Stat. 975; restated Nov. 2, 1978, Pub. L. 95–574, §9, 92 Stat. 2462; Oct. 10, 1980, Pub. L. 96–423, §6(a), 94 Stat. 1813. |
In subsection (a), before clause (1), the words “To carry out this part, the Secretary of Transportation may” are substituted for “In carrying out his functions under this subchapter, the Secretary is authorized to perform . . . to carry out the provisions of this subchapter” and “In carrying out the functions formerly vested in the Interstate Commerce Commission and transferred to the Secretary by section 1655(e)(1), (e)(2), and (e)(6)(A) of title 49, Appendix, the Secretary is authorized to perform any act authorized in subsection (a) of this section . . . to carry out such transferred functions” to eliminate unnecessary words. In clause (2), the word “entity” is substituted for “bodies” for consistency in the revised title and with other titles of the United States Code.
In subsection (b), the words “In carrying out this part” are substituted for “To carry out the Secretary's responsibilities under this subchapter and under the functions transferred by section 1655(e)(1), (e)(2), and (e)(6)(A) of title 49, Appendix” to eliminate unnecessary words. The word “way” is substituted for “manner” for consistency in the revised title and with other titles of the Code. The word “examine” is omitted as being included in “inspect”. The word “considered” is omitted as surplus.
§20108. Research, development, testing, and training
(a)
(b)
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 867.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20108(a) | 45:431(a) (1st sentence cl. (2)). | Oct. 16, 1970, Pub. L. 91–458, §§202(a) (1st sentence cl. (2)), 208(a) (1st sentence words before 3d comma and between 9th–14th commas), 84 Stat. 971, 974. |
| 20108(b) | 45:437(a) (1st sentence words before 3d comma and between 9th–14th commas). | |
| 45:437(d)(1) (1st sentence). | Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, §208(d)(1) (1st sentence); added Oct. 10, 1980, Pub. L. 96–423, §6(b), 94 Stat. 1813. | |
| 20108(c) | 45:444(a) (last sentence). | Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, §214(a) (last sentence); added Oct. 10, 1980, Pub. L. 96–423, §2, 94 Stat. 1811; Aug. 13, 1981, Pub. L. 97–35, §1195, 95 Stat. 702; Jan. 14, 1983, Pub. L. 97–468, §703, 96 Stat. 2580; restated June 22, 1988, Pub. L. 100–342, §2, 102 Stat. 624; Nov. 5, 1990, Pub. L. 101–508, §10501(b), 104 Stat. 1388–400; restated Sept. 3, 1992, Pub. L. 102–365, §12, 106 Stat. 980. |
In subsection (b), the words “To carry out this part, the Secretary may” are substituted for “In carrying out his functions under this subchapter, the Secretary is authorized to perform such acts including, but not limited to . . . as he deems necessary to carry out the provisions of this subchapter” and “In carrying out the functions formerly vested in the Interstate Commerce Commission and transferred to the Secretary by section 1655(e)(1), (e)(2), and (e)(6)(A) of title 49, Appendix, the Secretary is authorized to perform any act authorized in subsection (a) of this section that he considers necessary to carry out such transferred functions, including, but not limited to” to eliminate unnecessary words.
§20109. Employee protections
(a)
(1) to provide information, directly cause information to be provided, or otherwise directly assist in any investigation regarding any conduct which the employee reasonably believes constitutes a violation of any Federal law, rule, or regulation relating to railroad safety or security, or gross fraud, waste, or abuse of Federal grants or other public funds intended to be used for railroad safety or security, if the information or assistance is provided to or an investigation stemming from the provided information is conducted by—
(A) a Federal, State, or local regulatory or law enforcement agency (including an office of the Inspector General under the Inspector General Act of 1978 (5 U.S.C. App.; Public Law 95–452);
(B) any Member of Congress, any committee of Congress, or the Government Accountability Office; or
(C) a person with supervisory authority over the employee or such other person who has the authority to investigate, discover, or terminate the misconduct;
(2) to refuse to violate or assist in the violation of any Federal law, rule, or regulation relating to railroad safety or security;
(3) to file a complaint, or directly cause to be brought a proceeding related to the enforcement of this part or, as applicable to railroad safety or security, chapter 51 or 57 of this title, or to testify in that proceeding;
(4) to notify, or attempt to notify, the railroad carrier or the Secretary of Transportation of a work-related personal injury or work-related illness of an employee;
(5) to cooperate with a safety or security investigation by the Secretary of Transportation, the Secretary of Homeland Security, or the National Transportation Safety Board;
(6) to furnish information to the Secretary of Transportation, the Secretary of Homeland Security, the National Transportation Safety Board, or any Federal, State, or local regulatory or law enforcement agency as to the facts relating to any accident or incident resulting in injury or death to an individual or damage to property occurring in connection with railroad transportation; or
(7) to accurately report hours on duty pursuant to chapter 211.
(b)
(A) reporting, in good faith, a hazardous safety or security condition;
(B) refusing to work when confronted by a hazardous safety or security condition related to the performance of the employee's duties, if the conditions described in paragraph (2) exist; or
(C) refusing to authorize the use of any safety-related equipment, track, or structures, if the employee is responsible for the inspection or repair of the equipment, track, or structures, when the employee believes that the equipment, track, or structures are in a hazardous safety or security condition, if the conditions described in paragraph (2) exist.
(2) A refusal is protected under paragraph (1)(B) and (C) if—
(A) the refusal is made in good faith and no reasonable alternative to the refusal is available to the employee;
(B) a reasonable individual in the circumstances then confronting the employee would conclude that—
(i) the hazardous condition presents an imminent danger of death or serious injury; and
(ii) the urgency of the situation does not allow sufficient time to eliminate the danger without such refusal; and
(C) the employee, where possible, has notified the railroad carrier of the existence of the hazardous condition and the intention not to perform further work, or not to authorize the use of the hazardous equipment, track, or structures, unless the condition is corrected immediately or the equipment, track, or structures are repaired properly or replaced.
(3) In this subsection, only paragraph (1)(A) shall apply to security personnel employed by a railroad carrier to protect individuals and property transported by railroad.
(c)
(1)
(2)
(A)
(i)
(ii)
(iii)
(B)
(3)
(4)
(d)
(1)
(2)
(A) reinstatement with the same seniority status that the employee would have had, but for the discrimination;
(B) any backpay, with interest; and
(C) compensatory damages, including compensation for any special damages sustained as a result of the discrimination, including litigation costs, expert witness fees, and reasonable attorney fees.
(3)
(e)
(f)
(g)
(h)
(1) Except as provided in paragraph (2) of this subsection, or with the written consent of the employee, the Secretary of Transportation or the Secretary of Homeland Security may not disclose the name of an employee of a railroad carrier who has provided information about an alleged violation of this part or, as applicable to railroad safety or security, chapter 51 or 57 of this title, or a regulation prescribed or order issued under any of those provisions.
(2) The Secretary of Transportation or the Secretary of Homeland Security shall disclose to the Attorney General the name of an employee described in paragraph (1) if the matter is referred to the Attorney General for enforcement. The Secretary making such disclosures shall provide reasonable advance notice to the affected employee if disclosure of that person's identity or identifying information is to occur.
(i)
(1)
(2)
(3)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 867; Pub. L. 110–53, title XV, §1521, Aug. 3, 2007, 121 Stat. 444.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20109(a) | 45:441(a). | Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, §212(a)–(c)(1), (d); added Oct. 10, 1980, Pub. L. 96–423, §10, 94 Stat. 1815. |
| 45:441(e). | Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, §212(e); added Oct. 10, 1980, Pub. L. 96–423, §10, 94 Stat. 1815; Sept. 3, 1992, Pub. L. 102–365, §5(b), 106 Stat. 975. | |
| 20109(b) | 45:441(b). | |
| 20109(c) | 45:441(c)(1). | |
| 45:441(c)(2). | Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, §212(c)(2); added Oct. 10, 1980, Pub. L. 96–423, §10, 94 Stat. 1815; restated June 22, 1988, Pub. L. 100–342, §5(a), 102 Stat. 627. | |
| 20109(d) | 45:441(d). | |
| 20109(e) | 45:441(e). | |
| 45:441(f). | Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, §212(f); added June 22, 1988, Pub. L. 100–342, §5(b), 102 Stat. 627. |
In subsections (a) and (b), the words “railroad carrier” are substituted for “common carrier by railroad” because of the definition of “railroad carrier” in section 20102 of the revised title.
In subsection (a)(1), the words “under or” are omitted as surplus.
In subsection (b)(1)(B), before subclause (i), the words “the hazardous condition is of such a nature that” are omitted as surplus. The word “individual” is substituted for “person” as being more appropriate. In subclause (ii), the words “resort to” are omitted as surplus.
In subsection (b)(1)(C), the words “his apprehension of” are omitted as surplus.
In subsection (b)(2), the words “by a carrier . . . transported by railroad” are substituted for “by a railroad . . . transported by such railroad” for consistency in the revised title.
Subsection (d) is substituted for 45:441(d) for clarity and to eliminate unnecessary words.
Subsection (e)(2) is substituted for 45:441(f)(2) to eliminate unnecessary words.
References in Text
The Inspector General Act of 1978, referred to in subsec. (a)(1)(A), is Pub. L. 95–452, Oct. 12, 1978, 92 Stat. 1101, which is set out in the Appendix to Title 5, Government Organization and Employees.
Amendments
2007—Pub. L. 110–53 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (e) relating to prohibition against discharge or discrimination for filing of complaints or testifying, prohibition against discharge or discrimination for refusal to work because of hazardous conditions, dispute resolution, election of remedies, and nondisclosure of identity of employee who had provided information regarding a violation.
1 So in original. Probably should be preceded by “subsection”.
2 So in original. Probably should be preceded by “section”.
3 So in original. The comma probably should not appear.
§20110. Effect on employee qualifications and collective bargaining
This chapter does not—
(1) authorize the Secretary of Transportation to prescribe regulations and issue orders related to qualifications of employees, except qualifications specifically related to safety; or
(2) prohibit the bargaining representatives of railroad carriers and their employees from making collective bargaining agreements under the Railway Labor Act (45 U.S.C. 151 et seq.), including agreements related to qualifications of employees, that are not inconsistent with regulations prescribed and orders issued under this chapter.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 868.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20110 | 45:431(a) (2d, last sentences). | Oct. 16, 1970, Pub. L. 91–458, §202(a) (2d, last sentences), 84 Stat. 971. |
In clause (2), the words “railroad carriers” are substituted for “common carriers” for consistency in this part.
References in Text
The Railway Labor Act, referred to in par. (2), is act May 20, 1926, ch. 347, 44 Stat. 577, as amended, which is classified principally to chapter 8 (§151 et seq.) of Title 45, Railroads. For complete classification of this Act to the Code, see section 151 of Title 45 and Tables.
§20111. Enforcement by the Secretary of Transportation
(a)
(1) to impose and compromise a civil penalty for a violation of a railroad safety regulation prescribed or order issued by the Secretary;
(2) except as provided in section 20113 of this title, to request an injunction for a violation of a railroad safety regulation prescribed or order issued by the Secretary; and
(3) to recommend appropriate action be taken under section 20112(a) of this title.
(b)
(c)
(d)
(A) actions taken to remedy the failure; or
(B) if appropriate remedial actions cannot be taken by that 30th day, an explanation of the reasons for the delay.
(2) The Secretary—
(A) not later than June 3, 1993, shall issue a notice of a regulatory proceeding for proposed regulations to carry out this subsection; and
(B) not later than September 3, 1994, shall prescribe final regulations to carry out this subsection.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 868; Pub. L. 103–440, title II, §205, Nov. 2, 1994, 108 Stat. 4620.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20111(a) | 45:435(a) (last sentence). | Oct. 16, 1970, Pub. L. 91–458, §206(a) (last sentence), 84 Stat. 973; Nov. 16, 1990, Pub. L. 101–615, §28(a)(4), 104 Stat. 3276. |
| 20111(b) | 45:437(a) (2d sentence). | Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, §208(a) (2d sentence); added Jan. 3, 1975, Pub. L. 93–633, §206, 88 Stat. 2166; June 22, 1988, Pub. L. 100–342, §8, 102 Stat. 628. |
| 45:437(d)(1) (last sentence). | Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, §208(d)(1) (last sentence); added Oct. 10, 1980, Pub. L. 96–423, §6(b), 94 Stat. 1814. | |
| 20111(c) | 45:438(f). | Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, §209(f); added June 22, 1988, Pub. L. 100–342, §3(a)(4), 102 Stat. 625. |
| 20111(d) | 45:437 (note). | Sept. 3, 1992, Pub. L. 102–365, §3, 106 Stat. 972. |
In this section, the word “impose” is substituted for “assess” for consistency.
In subsection (b), the word “further” is omitted as surplus.
In subsection (d), the words “this part, chapter 51 or 57 of this title” are substituted for “the Federal railroad safety laws, as such term is defined in section 441(e) of this title” because 45:441(e) is not restated as a definition.
References in Text
Section 6 of the Department of Transportation Act, referred to in subsec. (c), is section 6 of Pub. L. 89–670, which was classified to section 1655 of former Title 49, Transportation. Section 6 was repealed and the provisions thereof reenacted in Title 49, Transportation, by Pub. L. 103–272, July 5, 1994, 108 Stat. 745. For disposition of sections of former Title 49, see Table at the beginning of Title 49.
Amendments
1994—Subsec. (c). Pub. L. 103–440 inserted “this chapter or any of the laws transferred to the jurisdiction of the Secretary of Transportation by subsection (e)(1), (2), and (6)(A) of section 6 of the Department of Transportation Act, as in effect on June 1, 1994, or” after “individual's violation of”.
§20112. Enforcement by the Attorney General
(a)
(1) to enjoin a violation of, or to enforce, a railroad safety regulation prescribed or order issued by the Secretary;
(2) to collect a civil penalty imposed or an amount agreed on in compromise under section 21301 of this title; or
(3) to enforce a subpena issued by the Secretary under this chapter.
(b)
(2) A civil action to enforce a subpena issued by the Secretary or a compliance order issued under section 20111(b) of this title may be brought in the judicial district in which the defendant resides, does business, or is found.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 869.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20112(a) | 45:437(a) (last sentence related to authority to bring actions). | Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, §208(a) (last sentence); added June 22, 1988, Pub. L. 100–342, §8, 102 Stat. 628. |
| 45:437(d)(2). | Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, §208(d)(2); added Oct. 10, 1980, Pub. L. 96–423, §6(b), 94 Stat. 1814. | |
| 45:438(c) (4th sentence related to authority to bring actions). | Oct. 16, 1970, Pub. L. 91–458, §209(c) (4th sentence), 84 Stat. 975; Oct. 10, 1980, Pub. L. 96–423, §8(a), 94 Stat. 1814; June 22, 1988, Pub. L. 100–342, §3(a)(3)(A), (B), 102 Stat. 624. | |
| 45:439(a) (related to actions by Attorney General). | Oct. 16, 1970, Pub. L. 91–458, §210(a) (related to actions by Attorney General), 84 Stat. 975; Oct. 10, 1980, Pub. L. 96–423, §9(a), 94 Stat. 1814; Nov. 16, 1990, Pub. L. 101–615, §28(f), 104 Stat. 3277. | |
| 20112(b)(1) | 45:438(c) (4th sentence related to venue). | |
| 45:439(c) (related to actions by Attorney General). | Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, §210(c) (related to actions by Attorney General); added Oct. 10, 1980, Pub. L. 96–423, §9(b), 94 Stat. 1815. | |
| 20112(b)(2) | 45:437(a) (last sentence related to venue). |
In subsection (a), before clause (1), the words “At the request of the Secretary of Transportation” are substituted for “at the request of the Secretary” in 45:439(a), and are made applicable to all of the source provisions restated in this subsection, for clarity and consistency. The words “at the request of the Secretary” in 45:439(a) are interpreted and restated to mean that the Secretary's request is to the Attorney General rather than to the district court. See H.R. Rept. No. 91–1194, 91st Cong., 2d Sess., p. 20 (1970). The words “the Attorney General may bring a civil action in a district court of the United States” are substituted for “such district court shall have jurisdiction, upon petition by the Attorney General” in 45:437(a) (last sentence), “The district courts of the United States shall have jurisdiction, upon petition by the Attorney General” in 45:437(d)(2), and “The United States district court shall . . . upon petition by the Attorney General on behalf of the United States . . . have jurisdiction” in 45:439(a) for clarity and consistency. It is not necessary to restate that the district court has jurisdiction because of 28:1331 and 1345. See also the statement of Senator Prouty in 115 Cong. Rec. 40205 (1969) explaining that similar language in section 110 of S. 1933, 91st Cong., 1st Sess. (the derivative source for 45:439) would grant the Attorney General the power to seek injunctions. Clauses (1)–(3) are substituted for the source provisions to eliminate unnecessary words. In clause (1), the words “subject to the provisions of rules 65(a) and (b) of the Federal Rules of Civil Procedure” in 45:439(a) are omitted as surplus because the Federal Rules of Civil Procedure (28 App. U.S.C.) apply in the district court unless otherwise provided. In clause (2), the words “or an amount agreed on in compromise” are added for clarity.
In subsection (b)(1), the text of 45:439(c) (words before 1st comma) is omitted because it applies only to actions brought by a State authority. See discussion of the cross-reference in the note for section 20113(c) of the revised title. The last sentence is substituted for “in which the individual resides” in 45:438(c) because of the restatement.
In subsection (b)(2), the words “compliance order issued under section 20111(b) of this title” are substituted for “order, or directive” because the latter words are interpreted as referring to “orders directing compliance” in 45:437(a) (2d sentence), restated in section 20111(b).
§20113. Enforcement by the States
(a)
(b)
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 869.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20113(a) | 45:436(b)(1) (related to authority to bring actions), (2). | Oct. 16, 1970, Pub. L. 91–458, §207(b), (c), 84 Stat. 974; Nov. 2, 1978, Pub. L. 95–574, §8, 92 Stat. 2461; restated Oct. 10, 1980, Pub. L. 96–423, §5, 94 Stat. 1812. |
| 45:439(a) (related to actions by States). | Oct. 16, 1970, Pub. L. 91–458, §210(a) (related to actions by States), 84 Stat. 975; Oct. 10, 1980, Pub. L. 96–423, §9(a), 94 Stat. 1814; Nov. 16, 1990, Pub. L. 101–615, §28(f), 104 Stat. 3277. | |
| 20113(b) | 45:436(a)(1) (related to authority to bring actions), (2). | Oct. 16, 1970, Pub. L. 91–458, §207(a), 84 Stat. 974; Nov. 2, 1978, Pub. L. 95–574, §8, 92 Stat. 2461; restated Oct. 10, 1980, Pub. L. 96–423, §5, 94 Stat. 1812; Nov. 16, 1990, Pub. L. 101–615, §28(e), 104 Stat. 3277. |
| 20113(c) | 45:436(a)(1) (related to venue), (b)(1) (related to venue), (c). | |
| 45:439(c) (related to actions by States). | Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, §210(c) (related to actions by States); added Oct. 10, 1980, Pub. L. 96–423, §9(b), 94 Stat. 1815. |
In subsection (a), the language about jurisdiction in 45:439(a) (related to actions by States) is omitted for the reasons explained in the revision note for section 20112(a) of the revised title.
In subsection (b), the word “impose” is substituted for “assess” for consistency. The words “the authority may bring a civil action in an appropriate district court of the United States” are substituted for “agency may apply to the United States district court” for consistency in the revised title and with other titles of the United States Code. The words “included in or made applicable to such rule, regulation, order, or standard” are omitted as surplus.
In subsection (c), the reference to “section 207(d)” in section 210(c) of the Federal Railroad Safety Act of 1970 (Public Law 91–458, 84 Stat. 971), as added by section 9(b) of the Federal Railroad Safety Authorization Act of 1980 (Public Law 96–423, 94 Stat. 1815), is assumed to have been intended as a reference to section 207(c). The Federal Railroad Safety Authorization Act of 1980 was derived from S. 2730, which in turn was derived from H.R. 7104. See 126 Cong. Rec. 26535 (1980). Section 207(d) in an earlier version of H.R. 7104 was redesignated as section 207(c) during the legislative process and no section 207(d) was enacted. See H.R. Rept. No. 96–1025, 96th Cong., 2d Sess., pp. 14, 15 (1980).
§20114. Judicial procedures
(a)
(b)
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 870.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20114(a) | 45:439(b). | Oct. 16, 1970, Pub. L. 91–458, §§209(d), 210(b), 84 Stat. 975, 976. |
| 20114(b) | 45:438(d). | |
| 20114(c) | 45:431(f). | Oct. 16, 1970, Pub. L. 91–458, §202(f), 84 Stat. 972; restated Sept. 3, 1992, Pub. L. 102–365, §5(a)(1), 106 Stat. 975. |
In subsection (a), the words “the defendant may demand a jury trial” are substituted for “trial shall be by the court, or, upon demand of the accused, by a jury” to eliminate unnecessary words and for consistency in the revised title.
In subsection (b), the words “may be served in any judicial district” are substituted for “may run into any other district” for clarity.
In subsection (c), the words “a final action of the Secretary” are substituted for “Any final agency action taken by the Secretary” to eliminate unnecessary words. The words “this part or, as applicable to railroad safety, chapter 51 or 57 of this title” are substituted for “this subchapter or under any of the other Federal railroad safety laws, as defined in section 441(e) of this title” because of the restatement. The words “is subject to judicial review as provided in chapter 7 of title 5” are omitted as unnecessary because 5:ch. 7 applies unless otherwise stated. The words “by and in the manner prescribed” are omitted as surplus.
§20115. User fees
(a)
(1) shall cover the costs of carrying out this chapter (except section 20108(a));
(2) shall be imposed fairly on the railroad carriers, in reasonable relationship to an appropriate combination of criteria such as revenue ton-miles, track miles, passenger miles, or other relevant factors; and
(3) may not be based on that part of industry revenues attributable to a railroad carrier or class of railroad carriers.
(b)
(c)
(2) Fees collected under this section shall be deposited in the general fund of the Treasury as offsetting receipts. The fees may be used, to the extent provided in advance in an appropriation law, only to carry out this chapter.
(3) Fees prescribed under this section shall be imposed in an amount sufficient to pay for the costs of activities under this chapter. However, the total fees received for a fiscal year may not be more than 105 percent of the total amount of the appropriations for the fiscal year for activities to be financed by the fees.
(d)
(A) the amount of fees collected during that fiscal year;
(B) the impact of the fees on the financial health of the railroad industry and its competitive position relative to each competing mode of transportation; and
(C) the total cost of Government safety activities for each other competing mode of transportation, including any part of that total cost defrayed by Government user fees.
(2) Not later than 90 days after submitting a report for a fiscal year, the Secretary shall submit to Congress recommendations for corrective legislation if the report includes a finding that—
(A) there has been an impact from the fees on the financial health of the railroad industry or its competitive position relative to each competing mode of transportation; or
(B) there is a significant difference in the burden of Government user fees on the railroad industry and other competing modes of transportation.
(e)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 870.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20115(a) | 45:447(a)(1), (3). | Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, §216; added Nov. 5, 1990, Pub. L. 101–508, §10501(a), 104 Stat. 1388–399. |
| 20115(b) | 45:447(a)(2). | |
| 20115(c) | 45:447(b)–(d). | |
| 20115(d) | 45:447(e). | |
| 20115(e) | 45:447(f). |
In subsection (a), before clause (1), the words “after notice and comment” are omitted as unnecessary because of 5:553.
In subsection (c), the words “beginning on March 1, 1991” are omitted as obsolete.
[§20116. Repealed. Pub. L. 104–66, title I, §1121(g)(1), Dec. 21, 1995, 109 Stat. 724]
Section, added Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 871; amended Pub. L. 103–440, title II, §206(a), Nov. 2, 1994, 108 Stat. 4620, related to biennial safety reports.
§20117. Authorization of appropriations
(a)
(A) $68,283,000 for the fiscal year ending September 30, 1993.
(B) $71,690,000 for the fiscal year ending September 30, 1994.
(C) $68,289,000 for fiscal year 1995.
(D) $75,112,000 for fiscal year 1996.
(E) $82,563,000 for fiscal year 1997.
(F) $90,739,000 for fiscal year 1998.
(2) Not more than $5,000,000 may be appropriated to the Secretary for the fiscal year ending September 30, 1993, to carry out section 20105 of this title.
(b)
(c)
(d)
(e)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 872; Pub. L. 103–440, title II, §§202, 218, Nov. 2, 1994, 108 Stat. 4619, 4625.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20117(a)(1) | 45:444(a) (1st sentence). | Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, §214(a) (1st sentence); added Oct. 10, 1980, Pub. L. 96–423, §2, 94 Stat. 1811; Aug. 13, 1981, Pub. L. 97–35, §1195, 95 Stat. 702; Jan. 14, 1983, Pub. L. 97–468, §703, 96 Stat. 2580; restated June 22, 1988, Pub. L. 100–342, §2, 102 Stat. 624; Nov. 5, 1990, Pub. L. 101–508, §10501(b), 104 Stat. 1388–400; restated Sept. 3, 1992, Pub. L. 102–365, §12, 106 Stat. 980. |
| 20117(a)(2) | 45:435(h). | Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, §206(h); Nov. 16, 1990, Pub. L. 101–615, §28(d), 104 Stat. 3277. |
| 20117(b) | 45:445(c). | Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, §215(c); added June 22, 1988, Pub. L. 100–342, §20, 102 Stat. 638. |
| 20117(c) | 45:444(b). | Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, §214(b); added Oct. 10, 1980, Pub. L. 96–423, §2, 94 Stat. 1811; Jan. 14, 1983, Pub. L. 97–468, §703, 96 Stat. 2580; restated June 22, 1988, Pub. L. 100–342, §2, 102 Stat. 624. |
| 20117(d) | 45:442. | Nov. 2, 1978, Pub. L. 95–574, §3, 92 Stat. 2459. |
In subsection (a), references to fiscal years prior to 1993 are omitted as obsolete.
Amendments
1994—Subsec. (a)(1)(C) to (F). Pub. L. 103–440, §202, added subpars. (C) to (F).
Subsec. (e). Pub. L. 103–440, §218, added subsec. (e).
SUBCHAPTER II—PARTICULAR ASPECTS OF SAFETY
§20131. Restricted access to rolling equipment
The Secretary of Transportation shall prescribe regulations and issue orders that may be necessary to require that when railroad carrier employees (except train or yard crews) assigned to inspect, test, repair, or service rolling equipment have to work on, under, or between that equipment, every manually operated switch, including each crossover switch, providing access to the track on which the equipment is located is lined against movement to that track and secured by an effective locking device that can be removed only by the class or craft of employees performing the inspection, testing, repair, or service.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 872.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20131 | 45:431(g) (1st sentence cl. (1)). | Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, §202(g) (1st sentence cl. (1)); added July 8, 1976, Pub. L. 94–348, §5(b), 90 Stat. 820. |
The words “within 180 days after July 8, 1976” are omitted as expired.
§20132. Visible markers for rear cars
(a)
(1) the rear car of each passenger and commuter train has at least one highly visible marker that is lighted during darkness and when weather conditions restrict clear visibility; and
(2) the rear car of each freight train has highly visible markers during darkness and when weather conditions restrict clear visibility.
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 873.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20132(a) | 45:431(g) (1st sentence cls. (2), (3)). | Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, §202(g) (1st sentence cls. (2), (3), last sentence); added July 8, 1976, Pub. L. 94–348, §5(b), 90 Stat. 820. |
| 20132(b) | 45:431(g) (last sentence). |
In subsection (a), before clause (1), the words “within 180 days after July 8, 1976” are omitted as expired.
§20133. Passenger cars
(a)
(1) the crashworthiness of the cars;
(2) interior features (including luggage restraints, seat belts, and exposed surfaces) that may affect passenger safety;
(3) maintenance and inspection of the cars;
(4) emergency response procedures and equipment; and
(5) any operating rules and conditions that directly affect safety not otherwise governed by regulations.
The Secretary may make applicable some or all of the standards established under this subsection to cars existing at the time the regulations are prescribed, as well as to new cars, and the Secretary shall explain in the rulemaking document the basis for making such standards applicable to existing cars.
(b)
(2) The Secretary shall prescribe final regulations under subsection (a) within 5 years after November 2, 1994.
(c)
(d)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 873; Pub. L. 103–440, title II, §215(a), Nov. 2, 1994, 108 Stat. 4623; Pub. L. 104–287, §5(47), Oct. 11, 1996, 110 Stat. 3393.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20133(a) | 45:431(h)(1)(A) (1st, last sentences), (B), (4). | Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, §202(h); added Oct. 10, 1980, Pub. L. 96–423, §14, 94 Stat. 1817; Jan. 14, 1983, Pub. L. 97–468, §702(a), 96 Stat. 2579. |
| 20133(b) | 45:431(h)(1)(A) (2d, 3d sentences), (2). | |
| 20133(c) | 45:431(h)(3). |
In subsection (a), the words “within one year after January 14, 1983” and “initial” are omitted as obsolete. The text of 45:431(h)(1)(B) is omitted as executed. The words “after a hearing in accordance with subsection (b) of this section” are omitted as surplus because of section 20103(e) of the revised title.
In subsections (b) and (c), the word “subsequent” is omitted as surplus.
In subsection (c), the word “Amtrak” is substituted for “National Railroad Passenger Corporation” for consistency in this subtitle. The word “regulatory” is substituted for “rulemaking” for consistency in the revised title.
References in Text
The Federal Advisory Committee Act, referred to in subsec. (d), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees.
Amendments
1996—Subsec. (b)(1). Pub. L. 104–287, §5(47)(A), substituted “November 2, 1994” for “the date of enactment of the Federal Railroad Safety Authorization Act of 1994”.
Subsec. (b)(2). Pub. L. 104–287, §5(47)(B), substituted “November 2, 1994” for “such date of enactment”.
1994—Pub. L. 103–440 amended section generally, substituting present provisions for provisions requiring the Secretary to take administrative action to ensure that the construction, operation, and maintenance of passenger rail equipment maximize the safety of passengers, and providing for areas of consideration and concentration, as well as consultation with Amtrak.
§20134. Grade crossings and railroad rights of way
(a)
(b)
(c)
(A) reflective markers installed on the road surface or on a signal post at railroad grade crossings;
(B) stop signs or yield signs installed at grade crossings; and
(C) speed bumps or rumble strips installed on the road surfaces at the approaches to grade crossings.
(2) Not later than June 22, 1990, the Secretary shall submit a report on the results of the demonstration projects to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 873; Pub. L. 104–287, §5(48), Oct. 11, 1996, 110 Stat. 3393.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20134(a) | 45:433(b). | Oct. 16, 1970, Pub. L. 91–458, §204(b), 84 Stat. 972. |
| 20134(b) | 45:431(q). | Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, §§202(q), 215(a), (b); added June 22, 1988, Pub. L. 100–342, §§20, 23, 102 Stat. 638, 639; Sept. 3, 1992, Pub. L. 102–365, §2(4), 106 Stat. 972. |
| 20134(c) | 45:445(a), (b). |
In subsection (a), the words “In addition” are omitted as surplus. The word “maintain” is substituted for “undertake” for clarity because the effort has begun. The words “the objective of” are omitted as surplus. The words “To carry out this section, the Secretary may use” are added for clarity.
In subsection (b), the words “Not later than June 22, 1989” are substituted for “within one year after June 22, 1988” for clarity.
In subsection (c)(1), before clause (A), and (2), the word “Secretary” is substituted for “Federal Railroad Administration” for clarity and consistency in the revised title. In this restatement, the Secretary of Transportation carries out all laws. However, this subsection is based on source provisions that provide that the Federal Railroad Administration carries out the subsection. A cross-reference to this subsection has been included in 49:103 to preserve duties and powers under this subsection to the Administrator of the Federal Railroad Administration.
In subsection (c)(1), before clause (A), the words “and incidents” are added for consistency in this part.
Amendments
1996—Subsec. (c)(2). Pub. L. 104–287 substituted “Committee on Transportation and Infrastructure” for “Committee on Energy and Commerce”.
§20135. Licensing or certification of locomotive operators
(a)
(b)
(1) shall be carried out through review and approval of each railroad carrier's operator qualification standards;
(2) shall provide minimum training requirements;
(3) shall require comprehensive knowledge of applicable railroad carrier operating practices and rules;
(4) except as provided in subsection (c)(1) of this section, shall require consideration, to the extent the information is available, of the motor vehicle driving record of each individual seeking licensing or certification, including—
(A) any denial, cancellation, revocation, or suspension of a motor vehicle operator's license by a State for cause within the prior 5 years; and
(B) any conviction within the prior 5 years of an offense described in section 30304(a)(3)(A) or (B) of this title;
(5) may require, based on the individual's driving record, disqualification or the granting of a license or certification conditioned on requirements the Secretary prescribes; and
(6) shall require an individual seeking a license or certification—
(A) to request the chief driver licensing official of each State in which the individual has held a motor vehicle operator's license within the prior 5 years to provide information about the individual's driving record to the individual's employer, prospective employer, or the Secretary, as the Secretary requires; and
(B) to make the request provided for in section 30305(b)(4) of this title for information to be sent to the individual's employer, prospective employer, or the Secretary, as the Secretary requires.
(c)
(2) If an individual, after the conviction, cancellation, revocation, or suspension, successfully completes a rehabilitation program established by a railroad carrier or approved by the Secretary, the individual may not be denied a license or certification under subsection (b)(4) of this section because of—
(A) a conviction for operating a motor vehicle when under the influence of, or impaired by, alcohol or a controlled substance; or
(B) the cancellation, revocation, or suspension of the individual's motor vehicle operator's license for operating a motor vehicle when under the influence of, or impaired by, alcohol or a controlled substance.
(d)
(e)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 874.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20135(a) | 45:431(i)(1). | Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, §202(i); added June 22, 1988, Pub. L. 100–342, §§4(a), 7(b), 102 Stat. 625, 628; Sept. 3, 1992, Pub. L. 102–365, §2(1), 106 Stat. 972. |
| 20135(b) | 45:431(i)(2). | |
| 20135(c)(1) | 45:431(i)(4). | |
| 20135(c)(2) | 45:431(i)(6). | |
| 20135(d) | 45:431(i)(5). | |
| 20135(e) | 45:431(i)(3). |
In subsection (a), the words “within 12 months after June 22, 1988” are omitted as executed. The words “including any locomotive engineer” are omitted as surplus. The words “after one year after” are substituted for “after the expiration of 12 months following” to eliminate unnecessary words.
In subsection (b)(5), the word “requirements” is substituted for “terms” for consistency in this section.
In subsection (c)(1), the words “In establishing the program under this subsection” are omitted as surplus.
§20136. Automatic train control and related systems
The Secretary of Transportation shall prescribe regulations and issue orders to require that—
(1) an individual performing a test of an automatic train stop, train control, or cab signal apparatus required by the Secretary to be performed before entering territory where the apparatus will be used shall certify in writing that the test was performed properly; and
(2) the certification required under clause (1) of this section shall be maintained in the same way and place as the daily inspection report for the locomotive.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 875; Pub. L. 103–429, §6(19), Oct. 31, 1994, 108 Stat. 4379.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20136 | 45:431(j). | Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, §202(j); added June 22, 1988, Pub. L. 100–342, §9, 102 Stat. 628. |
The words “Within 90 days after June 22, 1988” are omitted as expired.
Pub. L. 103–429
This amends 49:20136(2) to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 875).
Amendments
1994—Par. (2). Pub. L. 103–429 substituted “section” for “subsection”.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
§20137. Event recorders
(a)
(1) records train speed, hot box detection, throttle position, brake application, brake operations, and any other function the Secretary of Transportation considers necessary to record to assist in monitoring the safety of train operation, such as time and signal indication; and
(2) is designed to resist tampering.
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 875.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20137 | 45:431(m). | Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, §202(m); added June 22, 1988, Pub. L. 100–342, §10, 102 Stat. 629. |
In subsection (b), the words “Not later than December 22, 1989” are substituted for “within 18 months after June 22, 1988” for clarity. The words “may extend the period to a date that is not later than 18 months after the regulations are prescribed and the orders are issued” are substituted for “may extend the deadline for compliance with such requirement, but in no event shall such deadline be extended past 18 months after such rules, regulations, orders, and standards are issued” to eliminate unnecessary words.
§20138. Tampering with safety and operational monitoring devices
(a)
(b)
(2) An individual tampering with or disabling a safety or operational monitoring device in violation of a regulation prescribed or order issued under subsection (a) of this section, or knowingly operating or allowing to be operated a train on which such a device has been tampered with or disabled, is liable for penalties established by the Secretary. The penalties may include—
(A) a civil penalty under section 21301 of this title;
(B) suspension from work; and
(C) suspension or loss of a license or certification issued under section 20135 of this title.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 876.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20138 | 45:431(o). | Oct 16, 1970, Pub. L. 91–458, 84 Stat. 971, §202(o); added June 22, 1988, Pub. L. 100–342, §21, 102 Stat. 638; Sept. 3, 1992, Pub. L. 102–365, §2(3), 106 Stat. 972. |
In subsection (a), the words “within 90 days after June 22, 1988” are omitted as expired.
In subsection (b), the words “by another person” are omitted as surplus.
§20139. Maintenance-of-way operations on railroad bridges
Not later than June 22, 1989, the Secretary of Transportation shall prescribe regulations and issue orders for the safety of maintenance-of-way employees on railroad bridges. The Secretary at least shall provide in those regulations standards for bridge safety equipment, including nets, walkways, handrails, and safety lines, and requirements for the use of vessels when work is performed on bridges located over bodies of water.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 876.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20139 | 45:431(n). | Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, §202(n); added June 22, 1988, Pub. L. 100–342, §19(a), 102 Stat. 637; Sept. 3, 1992, Pub. L. 102–365, §2(2), 106 Stat. 972. |
The words “Not later than June 22, 1989” are substituted for “within one year after June 22, 1988” for clarity.
§20140. Alcohol and controlled substances testing
(a)
(b)
(A) a railroad carrier to conduct preemployment, reasonable suspicion, random, and post-accident testing of all railroad employees responsible for safety-sensitive functions (as decided by the Secretary) for the use of a controlled substance in violation of law or a United States Government regulation, and to conduct reasonable suspicion, random, and post-accident testing of such employees for the use of alcohol in violation of law or a United States Government regulation; the regulations shall permit such railroad carriers to conduct preemployment testing of such employees for the use of alcohol; and
(B) when the Secretary considers it appropriate, disqualification for an established period of time or dismissal of any employee found—
(i) to have used or been impaired by alcohol when on duty; or
(ii) to have used a controlled substance, whether or not on duty, except as allowed for medical purposes by law or a regulation or order under this chapter.
(2) When the Secretary of Transportation considers it appropriate in the interest of safety, the Secretary may prescribe regulations and issue orders requiring railroad carriers to conduct periodic recurring testing of railroad employees responsible for safety-sensitive functions (as decided by the Secretary) for the use of alcohol or a controlled substance in violation of law or a Government regulation.
(c)
(1) promote, to the maximum extent practicable, individual privacy in the collection of specimens;
(2) for laboratories and testing procedures for controlled substances, incorporate the Department of Health and Human Services scientific and technical guidelines dated April 11, 1988, and any amendments to those guidelines, including mandatory guidelines establishing—
(A) comprehensive standards for every aspect of laboratory controlled substances testing and laboratory procedures to be applied in carrying out this section, including standards requiring the use of the best available technology to ensure the complete reliability and accuracy of controlled substances tests and strict procedures governing the chain of custody of specimens collected for controlled substances testing;
(B) the minimum list of controlled substances for which individuals may be tested; and
(C) appropriate standards and procedures for periodic review of laboratories and criteria for certification and revocation of certification of laboratories to perform controlled substances testing in carrying out this section;
(3) require that a laboratory involved in controlled substances testing under this section have the capability and facility, at the laboratory, of performing screening and confirmation tests;
(4) provide that all tests indicating the use of alcohol or a controlled substance in violation of law or a Government regulation be confirmed by a scientifically recognized method of testing capable of providing quantitative information about alcohol or a controlled substance;
(5) provide that each specimen be subdivided, secured, and labeled in the presence of the tested individual and that a part of the specimen be retained in a secure manner to prevent the possibility of tampering, so that if the individual's confirmation test results are positive the individual has an opportunity to have the retained part tested by a 2d confirmation test done independently at another certified laboratory if the individual requests the 2d confirmation test not later than 3 days after being advised of the results of the first confirmation test;
(6) ensure appropriate safeguards for testing to detect and quantify alcohol in breath and body fluid samples, including urine and blood, through the development of regulations that may be necessary and in consultation with the Secretary of Health and Human Services;
(7) provide for the confidentiality of test results and medical information (other than information about alcohol or a controlled substance) of employees, except that this clause does not prevent the use of test results for the orderly imposition of appropriate sanctions under this section; and
(8) ensure that employees are selected for tests by nondiscriminatory and impartial methods, so that no employee is harassed by being treated differently from other employees in similar circumstances.
(d)
(e)
(1) shall establish only requirements that are consistent with international obligations of the United States; and
(2) shall consider applicable laws and regulations of foreign countries.
(f)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 876; Pub. L. 104–59, title III, §342(b), Nov. 28, 1995, 109 Stat. 609.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20140(a) | 45:431(r)(5). | Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, §202(r); added Oct. 28, 1991, Pub. L. 102–143, §4, 105 Stat. 957. |
| 20140(b) | 45:431(r)(1) (1st–3d sentences). | |
| 20140(c) | 45:431(r)(2). | |
| 20140(d) | 45:431(r)(3). | |
| 20140(e) | 45:431(r)(4). | |
| 20140(f) | 45:431(r)(1) (last sentence). |
In subsection (b)(1), before clause (A), the words “controlled substances” are substituted for “drug” for consistency in this section. In clauses (B) and (C), the word “found” is substituted for “determined” for consistency in the revised title.
In subsection (c)(3), the words “of any employee” are omitted as surplus.
In subsection (c)(4), the words “by any employee” are omitted as surplus.
In subsection (c)(5), the word “tested” is substituted for “assayed” for consistency. The words “2d confirmation test” are substituted for “independent test” for clarity and consistency.
Amendments
1995—Subsec. (b)(1)(A). Pub. L. 104–59 amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “a railroad carrier to conduct preemployment, reasonable suspicion, random, and post-accident testing of all railroad employees responsible for safety-sensitive functions (as decided by the Secretary) for the use of alcohol or a controlled substance in violation of law or a United States Government regulation; and”.
§20141. Power brake safety
(a)
(b) 2-
(A) establish standards for the devices based on performance;
(B) prohibit a railroad carrier, on or after the date that is one year after the regulations are prescribed, from acquiring any end-of-train device for use on trains that is not a 2-way device meeting the standards established under clause (A) of this paragraph;
(C) require that the trains be equipped with 2-way end-of-train devices meeting those standards not later than 4 years after the regulations are prescribed; and
(D) provide that any 2-way end-of-train device acquired for use on trains before the regulations are prescribed shall be deemed to meet the standards.
(2) The Secretary may consider petitions to amend the regulations prescribed under paragraph (1) of this subsection to allow the use of alternative technologies that meet the same basic performance requirements established by the regulations.
(3) In developing the regulations required by paragraph (1) of this subsection, the Secretary shall consider information presented under subsection (a) of this section.
(c)
(1) trains that have manned cabooses;
(2) passenger trains with emergency brakes;
(3) trains that operate only on track that is not part of the general railroad system;
(4) trains that do not exceed 30 miles an hour and do not operate on heavy grades, except for any categories of trains specifically designated by the Secretary; and
(5) trains that operate in a push mode.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 878.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20141(a) | 45:431(r)(1), (2). | Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, §202(r); added Sept. 3, 1992, Pub. L. 102–365, §7, 106 Stat. 976. |
| 20141(b) | 45:431(r)(3). | |
| 20141(c) | 45:431(r)(4). |
§20142. Track safety
(a)
(1) procedures associated with maintaining and installing continuous welded rail and its attendant structure, including cold weather installation procedures;
(2) the need for revisions to regulations on track excepted from track safety standards; and
(3) employee safety.
(b)
(c)
(d)
(1) inspection procedures to identify internal rail defects, before they reach imminent failure size, in rail that has significant shelling; and
(2) any specific actions that should be taken when a rail surface condition, such as shelling, prevents the identification of internal defects.
(e)
(1)
(A) require each track owner using continuous welded rail track to include procedures (in its procedures filed with the Administration pursuant to section 213.119 of title 49, Code of Federal Regulations) to improve the identification of cracks in rail joint bars;
(B) instruct Administration track inspectors to obtain copies of the most recent continuous welded rail programs of each railroad within the inspectors’ areas of responsibility and require that inspectors use those programs when conducting track inspections; and
(C) establish a program to review continuous welded rail joint bar inspection data from railroads and Administration track inspectors periodically.
(2)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 879; Pub. L. 103–440, title II, §208, Nov. 2, 1994, 108 Stat. 4621; Pub. L. 109–59, title IX, §9005(a), Aug. 10, 2005, 119 Stat. 1924.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20142(a) | 45:431(s)(1) (1st sentence), (2). | Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, §202(s); added Sept. 3, 1992, Pub. L. 102–365, §8, 106 Stat. 976. |
| 20142(b) | 45:431(s)(1) (last sentence). | |
| 20142(c) | 45:431(s)(3). |
In subsection (c), the word “information” is substituted for “data” for consistency in the revised title.
References in Text
The date of enactment of this subsection, referred to in subsec. (e)(1), is the date of enactment of Pub. L. 109–59, which was approved Aug. 10, 2005.
Amendments
2005—Subsec. (e). Pub. L. 109–59 added subsec. (e).
1994—Subsec. (a)(1). Pub. L. 103–440, §208(2), inserted “, including cold weather installation procedures” after “attendant structure”.
Subsec. (b). Pub. L. 103–440, §208(1), substituted “September 1, 1995” for “September 3, 1994”.
Subsec. (d). Pub. L. 103–440, §208(3), added subsec. (d).
§20143. Locomotive visibility
(a)
(b)
(c)
(d)
(1) revisions to the existing locomotive headlight standards, including standards for placement and intensity;
(2) requiring the use of reflective material to enhance locomotive visibility;
(3) requiring the use of additional alerting lights, including ditch, crossing, strobe, and oscillating lights;
(4) requiring the use of auxiliary lights to enhance locomotive visibility when viewed from the side;
(5) the effect of an enhanced visibility measure on the vision, health, and safety of train crew members; and
(6) separate standards for self-propelled, push-pull, and multi-unit passenger operations without a dedicated head end locomotive.
(e)
(2) In prescribing regulations under paragraph (1) of this subsection, the Secretary may exclude a category of trains or rail operations from a specific visibility requirement if the Secretary decides the exclusion is in the public interest and is consistent with rail safety, including grade-crossing safety.
(3) A locomotive equipped with temporary visibility measures prescribed under subsection (b) of this section when final regulations are prescribed under paragraph (1) of this subsection is deemed to be complying with the final regulations for 4 years after the final regulations are prescribed.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 880.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20143(a) | 45:431(u)(6). | Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, §202(u); added Oct. 27, 1992, Pub. L. 102–533, §14, 106 Stat. 3522. |
| 20143(b) | 45:431(u)(2) (1st, 2d sentences). | |
| 20143(c) | 45:431(u)(1). | |
| 20143(d) | 45:431(u)(3). | |
| 20143(e)(1) | 45:431(u)(5). | |
| 20143(e)(2) | 45:431(u)(4). | |
| 20143(e)(3) | 45:431(u)(2) (last sentence). |
In this section, the word “visibility” is substituted for “conspicuity” for clarity and consistency in this chapter.
In subsection (a), the words “by means of lighting, reflective materials, or other means” are omitted as surplus.
In subsection (b), the words “those lights” are substituted for “such measures” for clarity.
In subsection (c), the word “Secretary's” is substituted for ”Department of Transportation's” because of 49:102(b). The word “using” is substituted for “having . . . in service” to eliminate unnecessary words.
In subsection (e)(2) and (3) of this section, the reference is to paragraph (1) of this subsection, rather than to subsection (d) of this section, because the regulations are prescribed under paragraph (1).
In subsection (e)(2), the words “a category” are substituted for “and category” to correct an apparent mistake in the source provision. See S. Rept. 102–990, 102d Cong., 2d Sess., p. 18 (1992).
In subsection (e)(3), the word “full” is omitted as surplus.
§20144. Blue signal protection for on-track vehicles
The Secretary of Transportation shall prescribe regulations applying blue signal protection to on-track vehicles where rest is provided.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 881.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20144 | (uncodified). | June 22, 1988, Pub. L. 100–342, §19(c), 102 Stat. 638. |
The words “prescribe regulations” are substituted for “within one year after the date of the enactment of this Act, amend part 218 of title 49, Code of Federal Regulations” because the regulations to carry out this section have been prescribed.
§20145. Report on bridge displacement detection systems
Not later than 18 months after November 2, 1994, the Secretary of Transportation shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report concerning any action that has been taken by the Secretary on railroad bridge displacement detection systems.
(Added Pub. L. 103–440, title II, §207(a), Nov. 2, 1994, 108 Stat. 4621; amended Pub. L. 104–287, §5(48), (49), Oct. 11, 1996, 110 Stat. 3393.)
Amendments
1996—Pub. L. 104–287 substituted “November 2, 1994” for “the date of enactment of the Federal Railroad Safety Authorization Act of 1994” and “Committee on Transportation and Infrastructure” for “Committee on Energy and Commerce”.
§20146. Institute for Railroad Safety
The Secretary of Transportation, in conjunction with a university or college having expertise in transportation safety, shall establish, within one year after November 2, 1994, an Institute for Railroad Safety. The Institute shall research, develop, fund, and test measures for reducing the number of fatalities and injuries relevant to railroad operations. There are authorized to be appropriated to the Secretary $1,000,000 for each of the fiscal years 1996 through 2000 to fund activities carried out under this section by the Institute, which shall report at least once each year on its use of such funds in carrying out such activities and the results thereof to the Secretary of Transportation and the Congress.
(Added Pub. L. 103–440, title II, §210(a), Nov. 2, 1994, 108 Stat. 4621; amended Pub. L. 104–287, §5(49), Oct. 11, 1996, 110 Stat. 3393.)
Amendments
1996—Pub. L. 104–287 substituted “November 2, 1994” for “the date of enactment of the Federal Railroad Safety Authorization Act of 1994”.
§20147. Warning of civil liability
The Secretary of Transportation shall encourage railroad carriers to warn the public about potential liability for violation of regulations related to vandalism of railroad signs, devices, and equipment and to trespassing on railroad property.
(Added Pub. L. 103–440, title II, §211(a), Nov. 2, 1994, 108 Stat. 4622.)
§20148. Railroad car visibility
(a)
(b)
(1) visibility of railroad cars from the perspective of nonrailroad traffic;
(2) whether certain railroad car paint colors should be prohibited or required;
(3) the use of reflective materials;
(4) the visibility of lettering on railroad cars;
(5) the effect of any enhanced visibility measures on the health and safety of train crew members; and
(6) the cost/benefit ratio of any new regulations.
(c)
(Added Pub. L. 103–440, title II, §212(a), Nov. 2, 1994, 108 Stat. 4622.)
§20149. Coordination with the Department of Labor
The Secretary of Transportation shall consult with the Secretary of Labor on a regular basis to ensure that all applicable laws affecting safe working conditions for railroad employees are appropriately enforced to ensure a safe and productive working environment for the railroad industry.
(Added Pub. L. 103–440, title II, §213(a), Nov. 2, 1994, 108 Stat. 4623.)
§20150. Positive train control system progress report
The Secretary of Transportation shall submit a report to the Congress on the development, deployment, and demonstration of positive train control systems by December 31, 1995.
(Added Pub. L. 103–440, title II, §214(a), Nov. 2, 1994, 108 Stat. 4623.)
§20151. Railroad trespassing and vandalism prevention strategy
(a)
(b)
(c)
(1) civil or criminal penalties, or both, for vandalism of railroad equipment or property which could affect the safety of the public or of railroad employees; and
(2) civil or criminal penalties, or both, for trespassing on a railroad owned or leased right-of-way.
(Added Pub. L. 103–440, title II, §219(a), Nov. 2, 1994, 108 Stat. 4625; amended Pub. L. 104–287, §5(49), Oct. 11, 1996, 110 Stat. 3393.)
Amendments
1996—Subsecs. (a), (c). Pub. L. 104–287 substituted “November 2, 1994” for “the date of enactment of the Federal Railroad Safety Authorization Act of 1994”.
§20152. Emergency notification of grade crossing problems
(a)
(1) shall include railroad-highway grade crossings in at least 2 States;
(2) shall include provisions for public education and awareness of the program; and
(3) shall require information to be posted at the railroad-highway grade crossing describing the emergency notification system and instructions on how to use the system.
The Secretary may, by grant, provide funding for the expense of information signs and public awareness campaigns necessary to demonstrate the notification system.
(b)
(Added Pub. L. 103–440, title III, §301(a), Nov. 2, 1994, 108 Stat. 4626; amended Pub. L. 104–287, §5(50), Oct. 11, 1996, 110 Stat. 3393.)
Amendments
1996—Subsec. (b). Pub. L. 104–287 substituted “November 2, 1994” for “the date of enactment of this section” and “November 2, 1994, an evaluation” for “that date an evaluation”.
§20153. Audible warnings at highway-rail grade crossings
(a)
(1) the term “highway-rail grade crossing” includes any street or highway crossing over a line of railroad at grade;
(2) the term “locomotive horn” refers to a train-borne audible warning device meeting standards specified by the Secretary of Transportation; and
(3) the term “supplementary safety measure” refers to a safety system or procedure, provided by the appropriate traffic control authority or law enforcement authority responsible for safety at the highway-rail grade crossing, that is determined by the Secretary to be an effective substitute for the locomotive horn in the prevention of highway-rail casualties. A traffic control arrangement that prevents careless movement over the crossing (e.g., as where adequate median barriers prevent movement around crossing gates extending over the full width of the lanes in the particular direction of travel), and that conforms to standards prescribed by the Secretary under this subsection, shall be deemed to constitute a supplementary safety measure. The following do not, individually or in combination, constitute supplementary safety measures within the meaning of this subsection: standard traffic control devices or arrangements such as reflectorized crossbucks, stop signs, flashing lights, flashing lights with gates that do not completely block travel over the line of railroad, or traffic signals.
(b)
(c)
(A) that the Secretary determines not to present a significant risk with respect to loss of life or serious personal injury;
(B) for which use of the locomotive horn as a warning measure is impractical; or
(C) for which, in the judgment of the Secretary, supplementary safety measures fully compensate for the absence of the warning provided by the locomotive horn.
(2) In order to provide for safety and the quiet of communities affected by train operations, the Secretary may specify in such regulations that any supplementary safety measures must be applied to all highway-rail grade crossings within a specified distance along the railroad in order to be excepted from the requirement of this section.
(d)
(e)
(2) The Secretary may include in regulations issued under this subsection special procedures for approval of new supplementary safety measures meeting the requirements of subsection (c)(1) of this section following successful demonstration of those measures.
(f)
(1) Private highway-rail grade crossings.
(2) Pedestrian crossings.
(3) Crossings utilized primarily by nonmotorized vehicles and other special vehicles.
Regulations issued under this subsection shall not apply to any location where persons are not authorized to cross the railroad.
(g)
(h)
(i)
(1) shall take into account the interest of communities that—
(A) have in effect restrictions on the sounding of a locomotive horn at highway-rail grade crossings; or
(B) have not been subject to the routine (as defined by the Secretary) sounding of a locomotive horn at highway-rail grade crossings;
(2) shall work in partnership with affected communities to provide technical assistance and shall provide a reasonable amount of time for local communities to install supplementary safety measures, taking into account local safety initiatives (such as public awareness initiatives and highway-rail grade crossing traffic law enforcement programs) subject to such terms and conditions as the Secretary deems necessary, to protect public safety; and
(3) may waive (in whole or in part) any requirement of this section (other than a requirement of this subsection or subsection (j)) that the Secretary determines is not likely to contribute significantly to public safety.
(j)
(Added Pub. L. 103–440, title III, §302(a), Nov. 2, 1994, 108 Stat. 4626; amended Pub. L. 104–264, title XII, §1218(a), Oct. 9, 1996, 110 Stat. 3285; Pub. L. 104–287, §5(51), Oct. 11, 1996, 110 Stat. 3393.)
Amendments
1996—Subsec. (g). Pub. L. 104–287 substituted “November 2, 1994” for “the date of enactment of this section” in two places.
Subsecs. (i), (j). Pub. L. 104–264 added subsecs. (i) and (j).
Effective Date of 1996 Amendment
Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title.
§20154. Capital grants for rail line relocation projects
(a)
(b)
(1) is carried out for the purpose of mitigating the adverse effects of rail traffic on safety, motor vehicle traffic flow, community quality of life, or economic development; or
(2) involves a lateral or vertical relocation of any portion of the rail line.
(c)
(1) The capability of the State to fund the rail line relocation project without Federal grant funding.
(2) The requirement and limitation relating to allocation of grant funds provided in subsection (d).
(3) Equitable treatment of the various regions of the United States.
(4) The effects of the rail line, relocated or improved as proposed, on motor vehicle and pedestrian traffic, safety, community quality of life, and area commerce.
(5) The effects of the rail line, relocated as proposed, on the freight and passenger rail operations on the rail line.
(d)
(e)
(1)
(2)
(3)
(A) A contribution of real property or tangible personal property (whether provided by the State or a person for the State).
(B) A contribution of the services of employees of the State or other non-Federal entity, calculated on the basis of costs incurred by the State or other non-Federal entity for the pay and benefits of the employees, but excluding overhead and general administrative costs.
(C) A payment of any costs that were incurred for the project before the filing of an application for a grant for the project under this section, and any in-kind contributions that were made for the project before the filing of the application, if and to the extent that the costs were incurred or in-kind contributions were made, as the case may be, to comply with a provision of a statute required to be satisfied in order to carry out the project.
(4)
(A) The Secretary shall require a State to submit a description of the anticipated public and private benefits associated with each rail line relocation or improvement project described in subsection (a). The determination of such benefits shall be developed in consultation with the owner and user of the rail line being relocated or improved or other private entity involved in the project.
(B) The Secretary shall consider the feasibility of seeking financial contributions or commitments from private entities involved with the project in proportion to the expected benefits determined under subparagraph (A) that accrue to such entities from the project.
(f)
(1) the project will benefit each of the States entering into the agreement; and
(2) the agreement is not a violation of a law of any such State.
(g)
(h)
(1)
(A) locating, surveying, and mapping;
(B) track installation, restoration, and rehabilitation;
(C) acquisition of rights-of-way;
(D) relocation assistance, acquisition of replacement housing sites, and acquisition and rehabilitation, relocation, and construction of replacement housing;
(E) elimination of obstacles and relocation of utilities; and
(F) other activities defined by the Secretary.
(2)
(3)
(i)
(Added Pub. L. 109–59, title IX, §9002(a)(1), Aug. 10, 2005, 119 Stat. 1919.)
Regulations
Pub. L. 109–59, title IX, §9002(b), Aug. 10, 2005, 119 Stat. 1921, provided that:
“(1)
“(2)
§20155. Tank cars
(a)
(1) validate a predictive model to quantify the relevant dynamic forces acting on railroad tank cars under accident conditions within 1 year after the date of enactment of this section; and
(2) initiate a rulemaking to develop and implement appropriate design standards for pressurized tank cars within 18 months after the date of enactment of this section.
(b)
(Added Pub. L. 109–59, title IX, §9005(b)(1), Aug. 10, 2005, 119 Stat. 1924.)
References in Text
The date of enactment of this section, referred to in text, is the date of enactment of Pub. L. 109–59, which was approved Aug. 10, 2005.
CHAPTER 203—SAFETY APPLIANCES
§20301. Definition and nonapplication
(a)
(b)
(1) a train of 4-wheel coal cars.
(2) a train of 8-wheel standard logging cars if the height of each car from the top of the rail to the center of the coupling is not more than 25 inches.
(3) a locomotive used in hauling a train referred to in clause (2) of this subsection when the locomotive and cars of the train are used only to transport logs.
(4) a car, locomotive, or train used on a street railway.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 881; Pub. L. 104–287, §5(52), Oct. 11, 1996, 110 Stat. 3393.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20301(a) | 45:8 (“trains, locomotives, tenders, cars, and similar vehicles”). | |
| 45:9 (3d sentence). | ||
| 20301(b) | 45:6 (1st sentence proviso). | Mar. 2, 1893, ch. 196, §6 (1st sentence proviso), 27 Stat. 532; restated Apr. 1, 1896, ch. 87, 29 Stat. 85. |
| 45:8 (words after 16th comma). | Mar. 2, 1903, ch. 976, §1 (words after 23d comma), 32 Stat. 943. |
Subsection (a) is added to avoid repeating the substance of the definition throughout this chapter.
In subsection (b), the words before clause (1) are substituted for “Provided, That nothing in sections 1 to 7 of this title shall apply to” in 45:6 because 45:9, 11, and 16 provide that 45:9 and 11–16 apply to the same vehicles and trains as 45:1–7 apply to. In clause (1), the word “coal” is added for clarity because of the decision of the Supreme Court in Baltimore & Ohio Railway Co. v. Jackson, 353 U.S. 325, 333 (1957) and the legislative history of 45:6 (proviso). See 24 Cong. Rec. 1477 (1893). The text of 45:8 (words after last comma) is omitted as unnecessary because of the definition of “railroad” in section 20102 of the revised title.
Pub. L. 104–287
This amends 49:20301(b) to clarify the restatement of 45:8 by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 881).
Amendments
1996—Subsec. (b)(4). Pub. L. 104–287 added par. (4).
Effective Date of 1996 Amendment
Amendment by Pub. L. 104–287 effective July 5, 1994, see section 8(1) of Pub. L. 104–287, set out as a note under section 5303 of this title.
§20302. General requirements
(a)
(1) a vehicle only if it is equipped with—
(A) couplers coupling automatically by impact, and capable of being uncoupled, without the necessity of individuals going between the ends of the vehicles;
(B) secure sill steps and efficient hand brakes; and
(C) secure ladders and running boards when required by the Secretary of Transportation, and, if ladders are required, secure handholds or grab irons on its roof at the top of each ladder;
(2) except as otherwise ordered by the Secretary, a vehicle only if it is equipped with secure grab irons or handholds on its ends and sides for greater security to individuals in coupling and uncoupling vehicles;
(3) a vehicle only if it complies with the standard height of drawbars required by regulations prescribed by the Secretary;
(4) a locomotive only if it is equipped with a power-driving wheel brake and appliances for operating the train-brake system; and
(5) a train only if—
(A) enough of the vehicles in the train are equipped with power or train brakes so that the engineer on the locomotive hauling the train can control the train's speed without the necessity of brake operators using the common hand brakes for that purpose; and
(B) at least 50 percent of the vehicles in the train are equipped with power or train brakes and the engineer is using the power or train brakes on those vehicles and on all other vehicles equipped with them that are associated with those vehicles in the train.
(b)
(c)
(d)
(1) change the number, dimensions, locations, and manner of application prescribed by the Secretary for safety appliances required by subsection (a)(1)(B) and (C) and (2) of this section only for good cause and after providing an opportunity for a full hearing;
(2) amend regulations for installing, inspecting, maintaining, and repairing power and train brakes only for the purpose of achieving safety; and
(3) increase, after an opportunity for a full hearing, the minimum percentage of vehicles in a train that are required by subsection (a)(5)(B) of this section to be equipped and used with power or train brakes.
(e)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 881.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20302(a) (1)(A) | 45:2. | Mar. 2, 1893, ch. 196, §§1–4, 27 Stat. 531; June 22, 1988, Pub. L. 100–342, §13(1)(A)– (D), 102 Stat. 630. |
| 45:8 (words before 16th comma). | Mar. 2, 1903, ch. 976, §1 (words before 23d comma), 32 Stat. 943; June 22, 1988, Pub. L. 100–342, §13(2)(A), 102 Stat. 631. | |
| 20302(a) (1)(B) | 45:11 (words before proviso related to sill steps and hand brakes). | Apr. 14, 1910, ch. 160, §2, 36 Stat. 298; June 22, 1988, Pub. L. 100–342, §13(3)(A), 102 Stat. 631. |
| 20302(a) (1)(C) | 45:8 (words before 16th comma). | |
| 45:11 (words before proviso related to ladders, running boards, grab irons, and handholds). | ||
| 20302(a)(2) | 45:4. | |
| 45:8 (words before 16th comma). | ||
| 49 App.:1655(e)(1)(C). | Oct. 15, 1966, Pub. L. 89–670, §6(e)(1)(A)–(C), 80 Stat. 939. | |
| 20302(a)(3) | 45:8 (words before 16th comma). | |
| 45:12 (last sentence). | Apr. 14, 1910, ch. 160, §3 (1st sentence words before semicolon, proviso, last sentence), 36 Stat. 298; June 22, 1988, Pub. L. 100–342, §13(3)(B), 102 Stat. 631. | |
| 49 App.:1655(e)(1)(A). | ||
| 20302(a)(4) | 45:1 (related to locomotives). | |
| 45:8 (words before 16th comma). | ||
| 20302(a) (5)(A) | 45:1 (related to trains). | |
| 20302(a) (5)(B) | 45:9 (1st sentence words before last semicolon). | Mar. 2, 1903, ch. 976, §2 (1st sentence), 32 Stat. 943; Apr. 11, 1958, Pub. L. 85–375, §1(b)(1), (2), 72 Stat. 86. |
| 45:9 (3d sentence). | Mar. 2, 1903, ch. 976, 32 Stat. 943, §2 (2d–5th sentences); added Apr. 11, 1958, Pub. L. 85–375, §1(b)(3), 72 Stat. 86; June 22, 1988, Pub. L. 100–342, §13(2)(B), 102 Stat. 631. | |
| 20302(b) | 45:3. | |
| 45:8 (words before 16th comma). | ||
| 20302(c) | 45:11 (proviso). | |
| 20302(d)(1) | 45:12 (1st sentence words before semicolon). | |
| 49 App.:1655(e)(1)(C). | ||
| 20302(d)(2) | 45:9 (2d sentence). | |
| 49 App.:1655(e)(1)(B). | ||
| 20302(d)(3) | 45:9 (1st sentence words after last semicolon). | |
| 49 App.:1655(e)(1)(B). | ||
| 20302(e) | 45:9 (4th sentence). | |
| 49 App.:1655(e)(1)(B). |
In subsection (a), before clause (1), the words “Except as provided in subsection (c) of this section and section 20303 of this title” are added to alert the reader to the exceptions restated in subsection (c) and section 20303. The words “use or allow to be used” are substituted for “haul or permit to be hauled or used” in 45:2 and 11, “use” in 45:4 and 12, “use” and “run” in 45:1, “operated” and “used, hauled, or permitted to be used or hauled” in 45:9, “using . . . running . . . hauling or permitting to be hauled or used” in 45:6, and “used” in 45:8 for consistency in this section and to eliminate unnecessary words. See United States v. St. Louis Southwestern Ry. Co. of Texas, 184 F. 28, 32 (5th Cir., 1910); United States v. Chicago, M. & St. P. Ry. Co., 149 F. 486, 488 (D.S.D. Iowa, 1906). The words “That from and after the first day of January, eighteen hundred and ninety-eight”, “That on and after the first day of January, eighteen hundred and ninety-eight”, and “That from and after the first day of July, eighteen hundred and ninety-five” in sections 1, 2, and 4, respectively, of the Act of March 2, 1893 (ch. 196, 27 Stat. 531), are omitted as obsolete. The words “a railroad carrier . . . on any of its railroad lines” are substituted for “any railroad . . . on its line” in 45:1, “any such railroad . . . on its line” in 45:2, “any railroad company” in 45:4, “railroads in the Territories and the District of Columbia . . . used on any railroad, and in the Territories and the District of Columbia” in 45:8, “Whenever, as provided in sections 1 to 7 of this title” and “any railroad” in 45:9, and “any railroad subject to the provisions of sections 11 to 16 of this title . . . on its line” in 45:11 for clarity, for consistency in the revised title, to eliminate unnecessary words, and because of the definition of “railroad carrier” in section 20102 of the revised title. See Southern Ry. Co. v. United States, 222 U.S. 20, 26 (1911). In clauses (1)–(3), the word “vehicle” is substituted for “any car” in 45:2, “car” in 45:4, “all trains, locomotives, tenders, cars, and similar vehicles used on . . . all other locomotives, tenders, cars, and similar vehicles used in connection therewith” in 45:8, and “any car subject to the provisions of said sections . . . to wit: All cars” in 45:11, and “any car or vehicle” in 45:12 for clarity, for consistency in the revised title, to eliminate unnecessary words, and because of the definition of “vehicle” in section 20301 of the revised title. In clause (1)(A), a comma is placed after the word “uncoupled” for clarity. See Johnson v. Southern Pacific Co., 196 U.S. 1, 18 (1904). In clause (1)(C), the words “by the Secretary of Transportation” are added for clarity because of 45:12. In clause (3), the words “required by regulations prescribed by the Secretary” are substituted for “the standard now fixed or the standard so prescribed . . . the standard so prescribed by the Secretary” in 45:12 for clarity and to eliminate unnecessary words. The words “Said Secretary is given authority, after hearing, to modify or change, and to prescribe the standard height of drawbars and to fix the time within which such modification or change shall become effective and obligatory” are omitted as surplus because of 49:322(a). The words “and prior to the time so fixed . . . and after the time so fixed” are omitted as surplus. In clause (4), the word “locomotive” is substituted for “any locomotive engine” in 45:1 and “all trains, locomotives, tenders, cars, and similar vehicles used on . . . all other locomotives, tenders, cars, and similar vehicles used in connection therewith” in 45:8 for clarity and to eliminate unnecessary words. In clause (5)(B), the words “the engineer is using the power or train brakes on those vehicles and on all other vehicles equipped with them that are associated with those vehicles in the train” are substituted for “their brakes used and operated by the engineer of the locomotive drawing such train; and all power-braked cars in such train which are associated together with said 50 per centum shall have their brakes so used and operated” and “all . . . locomotives, tenders, cars, and similar vehicles” for clarity and consistency in this section. The text of section 2 (2d sentence) of the Act of March 2, 1903 (ch. 976, 32 Stat. 943), as added by section (1)(b) of the Power or Train Brakes Safety Appliance Act of 1958 (Public Law 85–375, 72 Stat. 86), is omitted as executed.
In subsection (b), the words “A railroad carrier complying with subsection (a)(5)(A) of this section” are substituted for “any railroad shall have equipped a sufficient number of its cars so as to comply with the provisions of section 1 of this title” in 45:3 and “The provisions and requirements of sections 1 to 7 of this title shall be held to apply to railroads in the Territories and the District of Columbia” in 45:8 for clarity, for consistency in this section, and because of the definition of “railroad carrier” in section 20102 of the revised title. The words “a vehicle that is not equipped with power or train brakes that will work and readily interchange with the power or train brakes in use on the vehicles of the complying railroad carrier” are substituted for “any cars not equipped sufficiently, in accordance with said section, with such power or train brakes as will work and readily interchange with the brakes in use on its own cars, as required by sections 1 to 7 of this title” in 45:3 for clarity and to eliminate unnecessary words.
In subsection (c), the words “Notwithstanding subsection (a)(1)(B) of this section” are added for clarity.
In subsection (d)(1), the words “change . . . only for . . . and after” are substituted for “shall remain as the standards of equipment to be used on all cars subject to the provisions of sections 11 to 16 of this title, unless changed by an order of said Secretary of Transportation to be made after . . . and for” for clarity and to eliminate unnecessary words. The text of section 3 (proviso) of the Act of April 14, 1910 (ch. 160, 36 Stat. 298), is omitted as obsolete.
In subsection (d)(2), the text of 45:9 (2d sentence words before proviso) is omitted as executed.
In subsection (d)(3), the words “to more fully carry into effect the objects of said sections” and “from time to time” are omitted as surplus. The words “an opportunity for” are added for clarity and consistency in the revised title and with other titles of the Code. The words “equipped and used” are substituted for “operated” for consistency in this section.
In subsection (e), the words “and may avail himself of the advice and assistance of any department, commission, or board of the United States Government, and of State governments” are omitted as unnecessary because of 49:301(6) and (7) and 322(c). The words “but no official or employee of the United States shall receive any additional compensation for such service except as now permitted by law” are omitted as surplus because of 5:5533.
§20303. Moving defective and insecure vehicles needing repairs
(a)
(1) on the railroad line on which the defect or insecurity was discovered; or
(2) at the option of a connecting railroad carrier, on the railroad line of the connecting carrier, if not farther than the place of repair described in clause (1) of this subsection.
(b)
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 882.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20303(a) | 45:13 (2d sentence proviso words before 1st semicolon). | Apr. 14, 1910, ch. 160, §4 (2d sentence proviso), 36 Stat. 299; Jan. 14, 1983, Pub. L. 97–468, §704, 96 Stat. 2580. |
| 20303(b) | 45:13 (2d sentence proviso words after last semicolon). | |
| 20303(c) | 45:13 (2d sentence proviso words between semicolons). |
In subsections (a) and (b), the word “moved” is substituted for “hauled” and “hauling” for consistency in this section.
In subsection (a), before clause (1), the words “A vehicle that is equipped in compliance with this chapter” are substituted for “where any car shall have been properly equipped, as provided in sections 1 to 16 of this title” to eliminate unnecessary words. The words “while such car was being used by such carrier upon its line of railroad” are omitted as surplus since this chapter only applies in the case of vehicles used by railroad carriers on their railroad lines. The word “nevertheless” is added for clarity. The words “when necessary to make repairs” are substituted for “if any such movement is necessary to make such repairs and such repairs cannot be made except at any such repair point” to eliminate unnecessary words. The words “without a penalty being imposed under section 21302 of this title” are substituted for “without liability for the penalties imposed by this section or section 6 of this title” because of the restatement.
In subsection (b), the words “A vehicle . . . may be moved under this section . . . only when” are substituted for “and nothing in this proviso shall be construed to permit the hauling of defective cars . . . unless” for clarity and to eliminate unnecessary words.
In subsection (c), the word “hauling” is omitted for consistency in this section. The word “proceeding” is substituted for “remedial action” for consistency in the revised title and to ensure that administrative, as well as court proceedings, are included. The words “to recover damages” are added for clarity. The words “arising from” are substituted for “caused . . . by reason of or in connection with” to eliminate unnecessary words.
§20304. Assumption of risk by employees
An employee of a railroad carrier injured by a vehicle or train used in violation of section 20302(a)(1)(A), (2), (4), or (5)(A) of this title does not assume the risk of injury resulting from the violation, even if the employee continues to be employed by the carrier after learning of the violation.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 883.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20304 | 45:7. | Mar. 2, 1893, ch. 196, §8, 27 Stat. 532; June 22, 1988, Pub. L. 100–342, §13(1)(H), 102 Stat. 631. |
| 45:8 (words before 16th comma). | Mar. 2, 1903, ch. 976, §1 (words before 23d comma), 32 Stat. 943; June 22, 1988, Pub. L. 100–342, §13(2)(A), 102 Stat. 631. |
The words “after learning of the violation” are substituted for “after the unlawful use of such locomotive, car, or train had been brought to his knowledge” in 45:7 for clarity.
§20305. Inspection of mail cars
The Secretary of Transportation shall inspect the construction, adaptability, design, and condition of mail cars used on railroads in the United States. The Secretary shall make a report on the inspection and submit a copy of the report to the United States Postal Service.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 883.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20305 | 45:37. | May 27, 1908, ch. 200, §1 (6th par. last sentence under heading “Interstate Commerce Commission”), 35 Stat. 325. |
| Mar. 4, 1909, ch. 299, §1 (6th par. last sentence under heading “Interstate Commerce Commission”), 35 Stat. 965. | ||
| 49 App.:1655(e)(1)(I), (J). | Oct. 15, 1966, Pub. L. 89–670, §6(e)(1)(I), (J), 80 Stat. 939. |
The words “United States Postal Service” are substituted for “Postmaster General” because of sections 4(a) and 5(e) of the Postal Reorganization Act (Public Law 91–375, 84 Stat. 773, 775).
§20306. Exemption for technological improvements
(a)
(b)
(1) findings based on evidence developed at a hearing; or
(2) an agreement between national railroad labor representatives and the developer of the new equipment or technology.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 883.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20306 | 45:1013. | May 30, 1980, Pub. L. 96–254, §117, 94 Stat. 406. |
In subsection (a), the words “Notwithstanding any other provision of law” and “the mandatory requirements of” are omitted as surplus. The words “existing law” are substituted for “the existing statutes” for consistency in the revised title.
In subsection (b), the words before clause (1) are added because of the restatement. Clause (1) is substituted for “after a hearing and consistent with findings based upon evidence developed therein” to eliminate unnecessary words. In clause (2), the words “an agreement” are substituted for “expressions of agreement” to eliminate unnecessary words.
CHAPTER 205—SIGNAL SYSTEMS
§20501. Definition
In this chapter, “signal system” means a block signal system, an interlocking, automatic train stop, train control, or cab-signal device, or a similar appliance, method, device, or system intended to promote safety in railroad operations.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 883.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20501 | (no source). |
This section is added to eliminate the unnecessary repetition of the words used in the definition. The definition is derived from 49 App.:26(b)–(f).
§20502. Requirements for installation and use
(a)
(2) A railroad carrier ordered under paragraph (1) of this subsection to install a signal system on one part of its railroad line may not be held negligent for not installing the system on any part of its line that was not included in the order. If an accident or incident occurs on a part of the line on which the signal system was not required to be installed and was not installed, the use of the system on another part of the line may not be considered in a civil action brought because of the accident or incident.
(b)
(1) may be operated safely without unnecessary risk of personal injury; and
(2) has been inspected and can meet any test prescribed under this chapter.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 883.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20502(a) | 49 App.:26(b). | Feb. 4, 1887, ch. 104, 24 Stat. 379, §25(b); added Feb. 28, 1920, ch. 91, §441, 41 Stat. 498; restated Aug. 26, 1937, ch. 818, 50 Stat. 835; Sept. 18, 1940, ch. 722, §14(b), 54 Stat. 919; June 22, 1988, Pub. L. 100–342, §17(2), (8), 102 Stat. 635, 636. |
| 49 App.:1655(e)(6)(A). | Oct. 15, 1966, Pub. L. 89–670, §6(e)(6)(A), 80 Stat. 939. | |
| 20502(b) | 49 App.:26(e). | Feb. 4, 1887, ch. 104, 24 Stat. 379, §25(e); added Feb. 28, 1920, ch. 91, §441, 41 Stat. 498; restated Aug. 26, 1937, ch. 818, 50 Stat. 836; Sept. 18, 1940, ch. 722, §14(b), 54 Stat. 919; June 22, 1988, Pub. L. 100–342, §17(5), 102 Stat. 636. |
In this section, the words “signal system” are substituted for “block signal system, interlocking, automatic train stop, train control, and/or cab-signal devices, and/or other similar appliances, methods, and systems intended to promote the safety of railroad operation” and “such systems, devices, appliances, or methods” in 49 App.:26(b) and “any system, device, or appliance covered by this section” and “such apparatus” in 49 App.:26(e) because of the definition of “signal system” in section 20501 of the revised title.
In subsection (a)(1), the words “decides after an investigation that it is necessary in the public interest” are substituted for “after investigation, if found necessary in the public interest” for clarity. The word “specifications” is omitted as included in “requirements”. The words “The order must allow the carrier a reasonable time to complete the installation” are substituted for “such order to be issued and published a reasonable time (as determined by the Secretary) in advance of the date for its fulfillment” to eliminate unnecessary words. The words “a signal system required under this paragraph” are substituted for “That block signal systems, interlocking, automatic train stop, train control, and cab-signal devices in use on August 26, 1937, or such systems or devices hereinafter installed” to eliminate unnecessary or obsolete words and because of the definition of “signal system” in section 20501 of the revised title.
In subsection (a)(2), the words “railroad line” are substituted for “railroad” for consistency in the revised title. The word “civil” is added for consistency in the revised title and with other titles of the United States Code. The words “or incident” are added for consistency in this part.
In subsection (b), before clause (1), the words “may allow . . . only when” are substituted for “It shall be unlawful . . . unless . . . unless” for clarity. In clause (1), the words “in proper condition and” and “in the service to which it is put” are omitted as being covered by the words of the clause. The words “risk of personal injury” are substituted for “peril to life and limb” for clarity. The words “from time to time” are omitted as surplus. In clause (2), the words “prescribed under this chapter” are substituted for “in accordance with the provisions of this section” and “prescribed in the rules and regulations provided for in this section” for consistency and to eliminate unnecessary words.
§20503. Amending regulations and changing requirements
The Secretary of Transportation may amend a regulation or change a requirement applicable to a railroad carrier for installing, maintaining, inspecting, or repairing a signal system under this chapter—
(1) when the carrier files with the Secretary a request for the amendment or change and the Secretary approves the request; or
(2) on the Secretary's own initiative for good cause shown.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 884.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20503 | 49 App.:26(c). | Feb. 4, 1887, ch. 104, 24 Stat. 379, §25(c); added Feb. 28, 1920, ch. 91, §441, 41 Stat. 498; restated Aug. 26, 1937, ch. 818, 50 Stat. 836; Sept. 18, 1940, ch. 722, §14(b), 54 Stat. 919; June 22, 1988, Pub. L. 100–342, §17(3), (8), 102 Stat. 635, 636. |
| 49 App.:1655(e)(6)(A). | Oct. 15, 1966, Pub. L. 89–670, §6(e)(6)(A), 80 Stat. 939. |
In this section, before clause (1), the text of 49 App.:26(c) (words before 2d proviso) is omitted as executed. The words “The Secretary of Transportation may amend . . . change” are substituted for “and approved by the Secretary of Transportation” and “the Secretary may . . . revise, amend, or modify” for clarity and to eliminate unnecessary words. The words “regulation or . . . a requirement applicable to a railroad carrier for installing, maintaining, inspecting, or repairing a signal system under this chapter” are substituted for “rules, standards, and instructions herein provided for” and “rules, standards, and instructions prescribed by him under this subsection” for clarity, for consistency in the revised title, and because of the restatement. Clause (1) is substituted for “such railroad may from time to time change . . . but such change shall not take effect and the new rules, standards, and instructions be enforced until they shall have been filed with” for clarity and to eliminate unnecessary words. The words “and as revised, amended, or modified they shall be obligatory upon the railroad after a copy thereof shall have been served as above provided” are omitted as being superseded by 5:ch. 5, subch. II.
§20504. Inspection, testing, and investigation
(a)
(A) inspect and test a signal system used by a railroad carrier; and
(B) decide whether the system is in safe operating condition.
(2) In carrying out this subsection, the Secretary may employ only an individual who—
(A) has no interest in a patented article required to be used on or with a signal system; and
(B) has no financial interest in a railroad carrier or in a concern dealing in railroad supplies.
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 884.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20504(a) | 49 App.:26(d). | Feb. 4, 1887, ch. 104, 24 Stat. 379, §25(d); added Feb. 28, 1920, ch. 91, §441, 41 Stat. 498; restated Aug. 26, 1937, ch. 818, 50 Stat. 836; Sept. 18, 1940, ch. 722, §14(b), 54 Stat. 919; June 22, 1988, Pub. L. 100–342, §17(4), (8), 102 Stat. 635, 636. |
| 49 App.:1655(e)(6)(A). | Oct. 15, 1966, Pub. L. 89–670, §6(e)(1)(I), (6)(A), 80 Stat. 939. | |
| 20504(b) | 45:36. | May 27, 1908, ch. 200, §1 (1st complete par. on p. 325), 35 Stat. 325. |
| 49 App.:1655(e)(1)(I). |
In subsection (a)(1)(B), the words “safe operating condition” are substituted for “proper condition to operate and provide adequate safety” to eliminate unnecessary words.
In subsection (a)(2), before clause (A), the text of 49:26(d) (2d sentence) is omitted because of 5:3101. The text of 49:26(d) (3d sentence) is omitted because of 5:ch. 33. The words “In carrying out this subsection, the Secretary may employ” are substituted for “shall be used for such purpose” for clarity. In clause (A), the words “either directly or indirectly” are omitted as surplus.
In subsection (b), the word “experimentally” is omitted as surplus. The words “signal system” are substituted for “any appliances or systems intended to promote the safety of railway operation” because of the definition of “signal system” in section 20501 of the revised title. The text of 45:36 (last sentence) is omitted because of 49:323.
§20505. Reports of malfunctions and accidents
In the way and to the extent required by the Secretary of Transportation, a railroad carrier shall report to the Secretary a failure of a signal system to function as intended. If the failure results in an accident or incident causing injury to an individual or property that is required to be reported under regulations prescribed by the Secretary, the carrier owning or maintaining the signal system shall report to the Secretary immediately in writing the fact of the accident or incident.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 884.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20505 | 49 App.:26(f) (words before last semicolon). | Feb. 4, 1887, ch. 104, 24 Stat. 379, §25(f) (words before last semicolon); added Feb. 28, 1920, ch. 91, §441, 41 Stat. 498; restated Aug. 26, 1937, ch. 818, 50 Stat. 836; Sept. 18, 1940, ch. 722, §14(b), 54 Stat. 919; June 22, 1988, Pub. L. 100–342, §17(6), (8), 102 Stat. 636. |
| 49 App.:1655(e)(6)(A). | Oct. 15, 1966, Pub. L. 89–670, §6(e)(6)(A), 80 Stat. 939. |
The words “signal system” are substituted for “such systems, devices, or appliances” because of the definition of “signal system” in section 20501 of the revised title. The word “indicate” is omitted as being included in “function”. The words “or incident” are added for consistency in this part. The word “individual” is substituted for “person”, and the word “immediately” is substituted for “forthwith”, for consistency in the revised title and with other titles of the United States Code.
CHAPTER 207—LOCOMOTIVES
§20701. Requirements for use
A railroad carrier may use or allow to be used a locomotive or tender on its railroad line only when the locomotive or tender and its parts and appurtenances—
(1) are in proper condition and safe to operate without unnecessary danger of personal injury;
(2) have been inspected as required under this chapter and regulations prescribed by the Secretary of Transportation under this chapter; and
(3) can withstand every test prescribed by the Secretary under this chapter.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 885.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20701 | 45:23. | Feb. 17, 1911, ch. 103, §2, 36 Stat. 913; Mar. 4, 1915, ch. 169, §1, 38 Stat. 1192; restated June 7, 1924, ch. 355, §2, 43 Stat. 659; June 22, 1988, Pub. L. 100–342, §14(2), 102 Stat. 632. |
| 45:30 (1st sentence related to 45:23). | Mar. 4, 1915, ch. 169, §2 (1st sentence related to §2 of Act of Feb. 17, 1911), 38 Stat. 1192; Apr. 22, 1940, ch. 124, §2, 54 Stat. 148. | |
| 49 App.:1655(e)(1)(E), (F). | Oct. 15, 1966, Pub. L. 89–670, §6(e)(1)(E), (F), 80 Stat. 939. |
In this section, before clause (1), the words “locomotive or tender . . . locomotive or tender and its parts and appurtenances” are substituted for “locomotive . . . locomotive, its boiler, tender, and all parts and appurtenances thereof” in 45:23 and “the provision of sections 22 to 29 . . . of this title as to the equipment of locomotives shall apply to and include the entire locomotive and tender and all their parts with the same force and effect as it applies to locomotive boilers and their appurtenances” in 45:30 for clarity and because of the restatement. In clause (1), the words “in the service to which the same are put” and “in the active service of such railroad” in 45:23 are omitted as surplus. The words “danger of personal injury” are substituted for “peril to life or limb” for clarity and consistency in this part. In clause (2), the words “from time to time” are omitted as surplus. The words “as required under this chapter and regulations prescribed by the Secretary of Transportation under this chapter” are substituted for “in accordance with the provisions of sections 22 to 29 and 31 to 34 of this title” for clarity and consistency. In clause (3), the words “prescribed by the Secretary under this chapter” are substituted for “prescribed in the rules and regulations hereinafter provided for” for clarity and because of the restatement.
§20702. Inspections, repairs, and inspection and repair reports
(a)
(1) become familiar, so far as practicable, with the condition of every locomotive and tender and its parts and appurtenances;
(2) inspect every locomotive and tender and its parts and appurtenances as necessary to carry out this chapter, but not necessarily at stated times or at regular intervals; and
(3) ensure that every railroad carrier makes inspections of locomotives and tenders and their parts and appurtenances as required by regulations prescribed by the Secretary and repairs every defect that is disclosed by an inspection before a defective locomotive, tender, part, or appurtenance is used again.
(b)
(2) Immediately after the reinspection is completed, the Secretary shall give written notice to the railroad carrier stating whether the locomotive, tender, part, or appurtenance is in compliance. If the original finding of noncompliance is sustained, the carrier has 30 days after receipt of the notice to file an appeal with the Secretary. If the carrier files an appeal, the Secretary, after providing an opportunity for a proceeding, may revise or set aside the finding of noncompliance.
(3) A locomotive, tender, part, or appurtenance found not in compliance under this subsection may be used only after it is—
(A) repaired to comply with this chapter and regulations prescribed under this chapter; or
(B) found on reinspection or appeal to be in compliance.
(c)
(1) inspection made under regulations prescribed by the Secretary; and
(2) repair made of a defect disclosed by such an inspection.
(d)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 885.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20702(a) | 45:29 (1st–3d sentences). | Feb. 17, 1911, ch. 103, §6, 36 Stat. 915; Apr. 22, 1940, ch. 124, §1(1)–(3) (related to §6 of Act of Feb. 17, 1911), 54 Stat. 148; Reorg. Plan No. 3 of 1965, eff. July 27, 1965, 79 Stat. 1320; Oct. 10, 1980, Pub. L. 96–423, §13, 94 Stat. 1816; June 22, 1988, Pub. L. 100–342, §14(5), 102 Stat. 633. |
| 45:30 (1st sentence related to 45:29, last sentence). | Mar. 4, 1915, ch. 169, §2 (1st sentence related to §§5, 6 of Act of Feb. 17, 1911, last sentence), 38 Stat. 1192; Apr. 22, 1940, ch. 124, §2, 54 Stat. 148; Reorg. Plan No. 3 of 1965, eff. July 27, 1965, 79 Stat. 1320. | |
| 49 App.:1655(e) (1)(E)–(G). | Oct. 15, 1966, Pub. L. 89–670, §6(e)(1)(E)–(G), 80 Stat. 939. | |
| 20702(b) | 45:29 (6th, last sentences). | |
| 45:30 (1st sentence related to 45:29) | ||
| 49 App.:1655(e) (1)(E)–(G). | ||
| 20702(c) | 45:29 (4th, 5th sentences). | |
| 20702(d) | 45:28. | Feb. 17, 1911, ch. 103, §5, 36 Stat. 914; Apr. 22, 1940, ch. 124, §1(1)–(3) (related to §5 of Act of Feb. 17, 1911), 54 Stat. 148; Reorg. Plan No. 3 of 1965, eff. July 27, 1965, 79 Stat. 1320; June 22, 1988, Pub. L. 100–342, §14(4), 102 Stat. 633. |
| 45:30 (1st sentence related to 45:28). | ||
| 49 App.:1655(e) (1)(E)–(G). |
In this section, the words “locomotive and tender and its parts and appurtenances” and “locomotive, tender, or locomotive or tender part or appurtenance” are substituted for “locomotive boiler” and “boiler or boilers or apparatus pertaining thereto” in 45:29 and “the provision of sections 22 to 29 . . . of this title as to the equipment of locomotives shall apply to and include the entire locomotive and tender and all their parts with the same force and effect as it applies to locomotive boilers and their appurtenances” in 45:30 for clarity and because of the restatement.
In subsection (a), before clause (1), the word “shall” is substituted for “It shall be the duty of”, “shall”, and “His first duty shall be” in 45:29 and “shall . . . and shall have the same powers and duties with respect to all the parts and appurtenances of the locomotive and tender that they have with respect to the boiler of a locomotive and the appurtenances thereof” in 45:30 for clarity and to eliminate unnecessary words. In clause (1), the words “ordinarily housed or repaired in his district, and if any locomotive is ordinarily housed or repaired in two or more districts, then the director of locomotive inspection or an assistant shall make such division between inspectors as will avoid the necessity for duplication of work” in 45:29 are omitted as obsolete because of Reorganization Plan No. 3 of 1965 (eff. July 27, 1965, 79 Stat. 1320) and 49 App.:1655(e)(1)(E)–(G). In clause (2), the words “inspect . . . as necessary to carry out” are substituted for “make such personal inspection . . . from time to time as may be necessary to fully carry out the provisions of” in 45:29 and “inspect” in 45:30 to eliminate unnecessary words. The words “under his care” and “as may be consistent with his other duties” in 45:29 are omitted as obsolete because of Reorganization Plan No. 3 of 1965 (eff. July 27, 1965, 79 Stat. 1320) and 49 App.:1655(e)(1)(E)–(G). The words “but not necessarily” are substituted for “but he shall not be required to make such inspections” in 45:29 to eliminate unnecessary words. In clause (3), the words “inspections of locomotives and tenders and their parts and appurtenances as required by regulations prescribed by the Secretary” are substituted for “inspections in accordance with the rules and regulations established or approved by the Secretary of Transportation” in 45:29 and “the provision of sections 22 to 29 . . . of this title as to the equipment of locomotives shall apply to and include the entire locomotive and tender and all their parts with the same force and effect as it applies to locomotive boilers and their appurtenances” in 45:30 for clarity and because of the restatement. The words “a defective locomotive, tender, part, or appurtenance is used again” are substituted for “the boiler or boilers or appurtenances pertaining thereto are again put in service” in 45:29 for consistency in this subsection. The text of 45:30 (last sentence) is omitted as obsolete because of Reorganization Plan No. 3 of 1965 (eff. July 27, 1965, 79 Stat. 1320), 49 App.:1655(e)(1)(E)–(G), and 5:ch. 33.
In subsection (b), the word “reinspection” is substituted for “reexamination” for consistency in this chapter.
In subsection (b)(1), the words “in the performance of his duty” in 45:29 are omitted as surplus. The words “owned or operated by a railroad carrier” are added for clarity and because of the words “owning or operating such locomotive” in 45:29 (last sentence). The words “does not comply with this chapter or a regulation prescribed under this chapter” are substituted for “not conforming to the requirements of the law or the rules and regulations established and approved as hereinbefore stated” in 45:29 to eliminate unnecessary words and because of the restatement. The words “describing any defect resulting in noncompliance” are substituted for “that the locomotive is not in serviceable condition . . . because of defects set out and described in said notice” for consistency in this section and to eliminate unnecessary words. The words “written request for a reinspection” are substituted for “appeal . . . by telegraph or by letter to have said boiler reexamined” for clarity and to eliminate unnecessary words. The words “an officer or employee of the Department of Transportation” are substituted for “one of the assistant directors of locomotive inspection or any district inspector” because of Reorganization Plan No. 3 of 1965 (eff. July 27, 1965, 79 Stat. 1320) and 49 App.:1655(e)(1)(E)–(G).
In subsection (b)(2), the words “Immediately after the reinspection is completed” are substituted for “upon such reexamination the boiler is found in serviceable condition . . . immediately” and “but if the reexamination of said boiler sustains the decision of the district inspector . . . at once” in 45:29 to eliminate unnecessary words. The words “give written notice . . . stating whether the locomotive, tender, part, or appurtenance is in compliance” are substituted for “in writing” and “that the appeal from the decision of the inspector is dismissed” for clarity and consistency in this subsection. The words “after providing an opportunity for a proceeding” are substituted for “after hearing” as being more appropriate and for consistency in the revised title and with other titles of the United States Code. The words “may revise or set aside the finding of noncompliance” are substituted for “shall have power to revise, modify, or set aside such action . . . and declare that said locomotive is in serviceable condition and authorize the same to be operated” to eliminate unnecessary words.
Subsection (b)(3) is substituted for “and thereafter such boiler shall not be used until in serviceable condition” and “whereupon such boiler may be put into service without further delay” in 45:29 and the text of 45:29 (last proviso) for clarity and to eliminate unnecessary words.
In subsection (c), before clause (1), the words “make and keep” are substituted for “keep” for clarity.
Subsection (d) is substituted for the text of 45:28 (1st sentence last proviso) and 30 (1st sentence related to 45:28) for clarity and because of the restatement.
§20703. Accident reports and investigations
(a)
(1) immediately shall file with the Secretary of Transportation a written statement of the fact of the accident or incident; and
(2) when the locomotive is disabled to the extent it cannot be operated under its own power, shall preserve intact all parts affected by the accident or incident, if possible without interfering with traffic, until an investigation of the accident or incident is completed.
(b)
(1) investigate each accident and incident reported under subsection (a) of this section;
(2) inspect each part affected by the accident or incident; and
(3) make a complete and detailed report on the cause of the accident or incident.
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 886.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20703(a) | 45:30 (1st sentence related to 45:32). | Mar. 4, 1915, ch. 169, §2 (1st sentence related to §8 of Act of Feb. 17, 1911), 38 Stat. 1192; Apr. 22, 1940, ch. 124, §2, 54 Stat. 148; Reorg. Plan No. 3 of 1965, eff. July 27, 1965, 79 Stat. 1320. |
| 45:32 (1st, 3d sentences). | Feb. 17, 1911, ch. 103, §8, 36 Stat. 916; Apr. 22, 1940, ch. 124, §1(1)–(3) (related to §8 of Act of Feb. 17, 1911), 54 Stat. 148; Reorg. Plan No. 3 of 1965, eff. July 27, 1965, 79 Stat. 1320; June 22, 1988, Pub. L. 100–342, §14(6), 102 Stat. 633. | |
| 49 App.:1655(e) (1)(E)–(G). | Oct. 15, 1966, Pub. L. 89–670, §6(e)(1)(E)–(G), 80 Stat. 939. | |
| 20703(b) | 45:32 (2d, last sentences). | |
| 20703(c) | 45:33. | |
| 49 App.:1655(e) (1)(E)–(G). |
In this section, the words “or incident” and “and incident” are added for consistency in this part.
In subsection (a), before clause (1), the words “locomotive, tender, or locomotive or tender part or appurtenance . . . the locomotive or tender” are substituted for “locomotive boiler or its appurtenances . . . said locomotive” in 45:32 and the text of 45:30 (1st sentence related to 45:32) for clarity and because of the restatement. The word “personal” is substituted for “to one or more persons” to eliminate unnecessary words. In clause (1), the word “immediately” is substituted for “forthwith” for consistency in this chapter. In clause (2), the words “operated under its own power” are substituted for “cannot be run by its own steam” for clarity. The words “hindrance or” are omitted as being included in “interfering”. The word “investigation” is substituted for “inspection” for consistency in this section.
In subsection (c), the words “at any time call upon the director of locomotive inspection for a report of any accident embraced in section 32 of this title, and upon the receipt of said report” are omitted as obsolete because of Reorganization Plan No. 3 of 1965 (eff. July 27, 1965, 79 Stat. 1320) and 49 App.:1655(e)(1)(E)–(G). The text of 45:33 (2d sentence) is omitted as surplus. The words “civil action” are substituted for “suit or action” for consistency in the revised title and with other titles of the United States Code. The words “resulting from” are substituted for “growing out of” for clarity. The words “or investigation” are omitted as unnecessary because of the restatement.
CHAPTER 209—ACCIDENTS AND INCIDENTS
§20901. Reports
(a)
(b)
(A) the Bureau of Labor Statistics; or
(B) another department, agency, or instrumentality of the United States Government if the information has been collected through objective, statistically sound survey methods or has been previously subject to a public notice and comment process in a proceeding of a Government department, agency, or instrumentality.
(2) If information is not available as provided in paragraph (1)(A) or (B) of this subsection, the Secretary may use any other source to obtain the information. However, use of the information shall be subject to public notice and an opportunity for written comment.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 886.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20901(a) | 45:38 (1st sentence). | May 6, 1910, ch. 208, §1 (1st sentence), 36 Stat. 350; restated Sept. 13, 1960, Pub. L. 86–762, §1, 74 Stat. 903; June 22, 1988, Pub. L. 100–342, §15(1)(A), (B), 102 Stat. 633. |
| 45:39 (related to time of filing report). | May 6, 1910, ch. 208, §2 (related to time of filing report), 36 Stat. 351; Jan. 3, 1975, Pub. L. 93–633, §204(b), 88 Stat. 2166; June 22, 1988, Pub. L. 100–342, §15(2), 102 Stat. 634. | |
| 45:43a. | June 22, 1988, Pub. L. 100–342, §24, 102 Stat. 639. | |
| 49 App.:1655(e)(1)(K). | Oct. 15, 1966, Pub. L. 89–670, §6(e)(1)(K), 80 Stat. 939. | |
| 20901(b) | 45:38 (note). | Sept. 3, 1992, Pub. L. 102–365, §15, 106 Stat. 981. |
In this section, the words “accident” and “incident” are used, and the words “collision” and “derailment” are omitted, for consistency in this part. The words “the general manager, superintendent, or other proper officer of” in 45:38 are omitted as surplus because any duty of a railroad carrier must necessarily be carried out through its proper officers and agents. The text of 45:38 (1st sentence proviso) is omitted as executed.
In subsection (b), the words “or incident” are added for consistency. The text of section 15(c) of the Rail Safety Enforcement and Review Act (Pub. L. 102–365, 106 Stat. 981) is omitted as executed.
§20902. Investigations
(a)
(1) an accident or incident resulting in serious injury to an individual or to railroad property, occurring on the railroad line of a railroad carrier; and
(2) an accident or incident reported under section 20505 of this title.
(b)
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 887.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20902(a) | 45:40 (1st sentence, 2d sentence words between 1st and 2d commas). | May 6, 1910, ch. 208, §3, 36 Stat. 351; June 22, 1988, Pub. L. 100–342, §15(3), 102 Stat. 634. |
| 49 App.:26(f) (words after last semicolon). | Feb. 4, 1887, ch. 104, 24 Stat. 379, §25(f) (words after last semicolon); added Feb. 28, 1920, ch. 91, §441, 41 Stat. 498; restated Aug. 26, 1937, ch. 818, 50 Stat. 836; Sept. 18, 1940, ch. 722, §14(b), 54 Stat. 919. | |
| 49 App.:1655(e)(1)(K). | Oct. 15, 1966, Pub. L. 89–670, §6(e)(1)(K), 80 Stat. 939. | |
| 20902(b) | 45:40 (2d sentence less words between 1st and 2d commas). | |
| 20902(c) | 45:40 (3d, last sentences). |
In this section, the words “accident” and “incident” are used, and the words “collision” and “derailment” are omitted, for consistency in this part.
Subsection (a)(2) is substituted for the text of 49 App.:26(f) (words after last semicolon) for clarity.
In subsection (b), the words “In carrying out an investigation” are substituted for “shall have authority to investigate such collisions, derailments, or other accidents aforesaid, and all the attending facts, conditions, and circumstances, and for that purpose” to eliminate unnecessary words. The words “books, papers, orders, memoranda” are omitted as being included in “papers”. The words “in coordination with” are substituted for “in connection with” for clarity. The words “The railroad carrier on whose railroad line the accident or incident occurred” are added for clarity.
In subsection (c), the words “When in the public interest” are substituted for “when he deems it to the public interest” to eliminate unnecessary words.
§20903. Reports not evidence in civil actions for damages
No part of an accident or incident report filed by a railroad carrier under section 20901 of this title or made by the Secretary of Transportation under section 20902 of this title may be used in a civil action for damages resulting from a matter mentioned in the report.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 887.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20903 | 45:41. | May 6, 1910, ch. 208, §4, 36 Stat. 351. |
The words “civil action” are substituted for “suit or action” for consistency in the revised title and with other titles of the United States Code.
CHAPTER 211—HOURS OF SERVICE
Amendments
1994—Pub. L. 103–440, title II, §203(b), Nov. 2, 1994, 108 Stat. 4620, added item 21108.
§21101. Definitions
In this chapter—
(1) “designated terminal” means the home or away-from-home terminal for the assignment of a particular crew.
(2) “dispatching service employee” means an operator, train dispatcher, or other train employee who by the use of an electrical or mechanical device dispatches, reports, transmits, receives, or delivers orders related to or affecting train movements.
(3) “employee” means a dispatching service employee, a signal employee, or a train employee.
(4) “signal employee” means an individual employed by a railroad carrier who is engaged in installing, repairing, or maintaining signal systems.
(5) “train employee” means an individual engaged in or connected with the movement of a train, including a hostler.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 888.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 21101(1) | 45:61(b)(4) (1st sentence). | Mar. 4, 1907, ch. 2939, 34 Stat. 1415, §1(b)(4) (1st sentence); added Nov. 2, 1978, Pub. L. 95–574, §6, 92 Stat. 2461. |
| 21101(2)–(4) | (no source). | |
| 21101(5) | 45:61(b)(2). | Mar. 4, 1907, ch. 2939, §1(b)(2), 34 Stat. 1415; restated Dec. 26, 1969, Pub. L. 91–169, §1, 83 Stat. 463; July 8, 1976, Pub. L. 94–348, §4(c), 90 Stat. 818. |
Clause (2) is added to avoid the necessity of repeating the substance of the definition every time a “dispatching service employee” is referred to in this chapter. The language in clause (2) is derived from 45:63.
Clause (3) is added to provide a definition of “employee” when the source provisions apply to all types of employees covered by this chapter.
Clause (4) is added to avoid the necessity of repeating the substance of the definition every time a “signal employee” is referred to in this chapter. The language in clause (4) is derived from 45:63a.
In clause (5), the words “train employee” are substituted for “employee” to distinguish the term from the terms “dispatching service employee” and “signal employee”. The word “actually” is omitted as surplus.
§21102. Nonapplication and exemption
(a)
(1) a casualty.
(2) an unavoidable accident.
(3) an act of God.
(4) a delay resulting from a cause unknown and unforeseeable to a railroad carrier or its officer or agent in charge of the employee when the employee left a terminal.
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 888.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 21102(a) | 45:63a(d) (related to 45:64a). | Mar. 4, 1907, ch. 2939, 34 Stat. 1415, §3A(d) (related to §5); added July 8, 1976, Pub. L. 94–348, §4(d), 90 Stat. 819; June 22, 1988, Pub. L. 100–342, §16(4), 102 Stat. 635. |
| 45:64a(d). | Mar. 4, 1907, ch. 2939, §5(d), 34 Stat. 1417; restated Dec. 26, 1969, Pub. L. 91–169, §1, 83 Stat. 464; June 22, 1988, Pub. L. 100–342, §16(6)(D), 102 Stat. 635. | |
| 21102(b) | 45:63a(d) (related to 45:64a). | |
| 45:64a(e). | Mar. 4, 1907, ch. 2939, §5(e), 34 Stat. 1417; restated Dec. 26, 1969, Pub. L. 91–169, §1, 83 Stat. 464. |
In subsection (b), the words “with respect to one or more of its employees” are omitted as surplus because the authority to exempt a railroad carrier includes the authority to exempt only some of the employees of the carrier. The words “carrier to require or allow its employees to be on duty” are substituted for “any railroad described in this section to work its employees” for clarity and consistency in this chapter.
§21103. Limitations on duty hours of train employees
(a)
(1) unless that employee has had at least 8 consecutive hours off duty during the prior 24 hours; or
(2) after that employee has been on duty for 12 consecutive hours, until that employee has had at least 10 consecutive hours off duty.
(b)
(1) Time on duty begins when the employee reports for duty and ends when the employee is finally released from duty.
(2) Time the employee is engaged in or connected with the movement of a train is time on duty.
(3) Time spent performing any other service for the railroad carrier during a 24-hour period in which the employee is engaged in or connected with the movement of a train is time on duty.
(4) Time spent in deadhead transportation to a duty assignment is time on duty, but time spent in deadhead transportation from a duty assignment to the place of final release is neither time on duty nor time off duty.
(5) An interim period available for rest at a place other than a designated terminal is time on duty.
(6) An interim period available for less than 4 hours rest at a designated terminal is time on duty.
(7) An interim period available for at least 4 hours rest at a place with suitable facilities for food and lodging is not time on duty when the employee is prevented from getting to the employee's designated terminal by any of the following:
(A) a casualty.
(B) a track obstruction.
(C) an act of God.
(D) a derailment or major equipment failure resulting from a cause that was unknown and unforeseeable to the railroad carrier or its officer or agent in charge of that employee when that employee left the designated terminal.
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 888.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 21103(a) | 45:62(a)(1), (2). | Mar. 4, 1907, ch. 2939, §2(a)(1), (2), 34 Stat. 1416; restated Dec. 26, 1969, Pub. L. 91–169, §1, 83 Stat. 463; July 8, 1976, Pub. L. 94–348, §4(a)(1), (2), 90 Stat. 818; June 22, 1988, Pub. L. 100–342, §16(2), 102 Stat. 634. |
| 21103(b) | 45:61(b)(3). | Mar. 4, 1907, ch. 2939, §§1(b)(3), 2(b), 34 Stat. 1415, 1416; restated Dec. 26, 1969, Pub. L. 91–169, §1, 83 Stat. 463. |
| 45:61(b)(4) (last sentence). | Mar. 4, 1907, ch. 2939, 34 Stat. 1415, §1(b)(4) (last sentence); added Nov. 2, 1978, Pub. L. 95–574, §6, 92 Stat. 2461; June 22, 1988, Pub. L. 100–342, §16(1)(C), 102 Stat. 634. | |
| 45:62(b). | ||
| 21103(c) | 45:62(c). | Mar. 4, 1907, ch. 2939, §2(c), 34 Stat. 1416; Dec. 26, 1969, Pub. L. 91–169, §1, 83 Stat. 464; restated July 8, 1976, Pub. L. 94–348, §4(b), 90 Stat. 818. |
In subsection (a), before clause (1), the words “Except as provided in subsection (c) of this section” are added to alert the reader to the exception restated in subsection (c). The words “train employee” are substituted for “employee” because of the definition of “train employee” in section 21101 of the revised title. In clause (2), the words “12 consecutive hours” are substituted for “continuously . . . fourteen hours” and “except that, effective upon the expiration of the two-year period beginning on the effective date of this paragraph, such fourteen-hour duty period shall be reduced to twelve hours” because the 2-year period has ended.
In subsection (b), the words before paragraph (1) are added as related to 45:61(b)(3) and (4) (last sentence) and substituted for “In determining, for the purposes of subsection (a), the number of hours an employee is on duty” in 45:62(b) for clarity. In paragraphs (2) and (3), the word “actually” is omitted as surplus. In paragraph (4), the words “neither time on duty nor time off duty” are substituted for “time off duty” for clarity and consistency with the source provisions restated in 21104(b)(3) and (4) of the revised title. In paragraph (7), before clause (A), the words “between designated terminals” are omitted as surplus. The text of 45:61(b)(3)(E) is omitted as surplus because of the restatement.
In subsection (c), the words “A train employee on” are added for consistency in this section. The word “actual” is omitted as surplus.
§21104. Limitations on duty hours of signal employees
(a)
(2) Except as provided in subsection (c) of this section, a railroad carrier and its officers and agents may not require or allow a signal employee to remain or go on duty—
(A) unless that employee has had at least 8 consecutive hours off duty during the prior 24 hours;
(B) after that employee has been on duty for 12 consecutive hours, until that employee has had at least 10 consecutive hours off duty; or
(C) after that employee has been on duty a total of 12 hours during a 24-hour period, or after the end of that 24-hour period, whichever occurs first, until that employee has had at least 8 consecutive hours off duty.
(b)
(1) Time on duty begins when the employee reports for duty and ends when the employee is finally released from duty.
(2) Time spent performing any other service for the railroad carrier during a 24-hour period in which the employee is engaged in installing, repairing, or maintaining signal systems is time on duty.
(3) Time spent returning from a trouble call, whether the employee goes directly to the employee's residence or by way of the employee's headquarters, is neither time on duty nor time off duty, except that up to one hour of that time spent returning from the final trouble call of a period of continuous or broken service is time off duty.
(4) If, at the end of scheduled duty hours, an employee has not completed the trip from the final outlying worksite of the duty period to the employee's headquarters or directly to the employee's residence, the time after the scheduled duty hours necessarily spent in completing the trip to the residence or headquarters is neither time on duty nor time off duty.
(5) If an employee is released from duty at an outlying worksite before the end of the employee's scheduled duty hours to comply with this section, the time necessary for the trip from the worksite to the employee's headquarters or directly to the employee's residence is neither time on duty nor time off duty.
(6) Time spent in transportation on an ontrack vehicle, including time referred to in paragraphs (3)–(5) of this subsection, is time on duty.
(7) A regularly scheduled meal period or another release period of at least 30 minutes but not more than one hour is time off duty and does not break the continuity of service of the employee under this section, but a release period of more than one hour is time off duty and does break the continuity of service.
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 889.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 21104(a) | 45:63a(a) (1st sentence). | Mar. 4, 1907, ch. 2939, 34 Stat. 1415, §3A(a) (1st sentence), (b); added July 8, 1976, Pub. L. 94–348, §4(d), 90 Stat. 819; June 22, 1988, Pub. L. 100–342, §16(4), 102 Stat. 635. |
| 45:63a(a) (2d–last sentences). | Mar. 4, 1907, ch. 2939, 34 Stat. 1415, §3A(a) (2d–last sentences); added Nov. 2, 1978, Pub. L. 95–574, §4(a), 92 Stat. 2459. | |
| 21104(b) | 45:63a(b). | |
| 45:63a(c). | Mar. 4, 1907, ch. 2939, 34 Stat. 1415; §3A(c); added July 8, 1976, Pub. L. 94–348, §4(d), 90 Stat. 819; restated Nov. 2, 1978, Pub. L. 95–574, §4(b), 92 Stat. 2460. | |
| 21104(c) | 45:63a(f). | Mar. 4, 1907, ch. 2939, 34 Stat. 1415, §3A(f); added July 8, 1976, Pub. L. 94–348, §4(d), 90 Stat. 819. |
In this section, the words “signal employee” are substituted for “an individual employed by the railroad who is engaged in installing, repairing or maintaining signal systems” and “an individual described in paragraph (1)” in 45:63a(a), “individual” in 45:63a(b) and (c), and “individual engaged in installing, repairing, or maintaining signal systems” in 45:63a(f) because of the definition of “signal employee” in section 21101 of the revised title.
Subsection (a)(1) is substituted for 45:63a(a) (last sentence) for clarity and because of the restatement.
In subsection (a)(2), before clause (A), the words “Except as provided in subsection (c) of this section” are added to alert the reader to the exception restated in subsection (c). The text of 45:63a(a) (2d sentence) is omitted as surplus.
In subsection (b), the words before paragraph (1) are added as related to 45:63a(c) and substituted for “In determining for the purposes of subsection (a) of this section the number of hours an individual is on duty” for clarity. In paragraph (2), the word “actually” is omitted as surplus.
In subsection (c), the word “actual” is omitted as surplus.
§21105. Limitations on duty hours of dispatching service employees
(a)
(b)
(1) a total of 9 hours during a 24-hour period in a tower, office, station, or place at which at least 2 shifts are employed; or
(2) a total of 12 hours during a 24-hour period in a tower, office, station, or place at which only one shift is employed.
(c)
(d)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 890.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 21105(a) | 45:62(d). | Mar. 4, 1907, ch. 2939, §2(d), 34 Stat. 1416; restated Dec. 26, 1969, Pub. L. 91–169, §1, 83 Stat. 464. |
| 45:63a(e). | Mar. 4, 1907, ch. 2939, 34 Stat. 1415, §3A(e); added July 8, 1976, Pub. L. 94–348, §4(d), 90 Stat. 819. | |
| 21105(b) | 45:63(a). | Mar. 4, 1907, ch. 2939, §3, 34 Stat. 1416; May 4, 1916, ch. 109, §1, 39 Stat. 61; Aug. 14, 1957, Pub. L. 85–135, §2, 71 Stat. 352; restated Dec. 26, 1969, Pub. L. 91–169, §1, 83 Stat. 464; June 22, 1988, Pub. L. 100–342, §16(3), 102 Stat. 635. |
| 21105(c) | 45:63(b). | |
| 21105(d) | 45:63(c). |
In this section, the words “dispatching service employee” are substituted for “operator, train dispatcher, or other employee who by the use of the telegraph, telephone, radio, or any other electrical or mechanical device dispatches, reports, transmits, receives, or delivers orders pertaining to or affecting train movements” in 45:63(a), “employee . . . on duty in a class of service . . . described in paragraph (1) or (2) of such subsection” in 45:63(b), and “employees named in such subsection” in 45:63(c) because of the definition of “dispatching service employee” in section 21101 of the revised title.
In subsection (a), the words “This section applies, rather than section 21103 or 21104 of this title” are substituted for “The provisions of this section shall not apply” because of the restatement. The words “train employee” are substituted for “employee” in 45:62(d), and the words “signal employee” are substituted for “individual” in 45:63a(e), for consistency in this chapter and because of the definitions of “signal employee” and “train employee” in section 21101 of the revised title. The words “during any period of time the employee is performing duties of a dispatching service employee” are substituted for “during such period of time as the provisions of section 63 of this title apply to his duty and off-duty periods” in 45:62(d) and 63a(e) for clarity.
In subsection (b), before clause (1), the words “a total of” are substituted for “whether consecutive or in the aggregate” to eliminate unnecessary words.
In subsection (c), the words “a tower, office, station, or other place” are substituted for “a place, described in paragraph (1) or (2) of such subsection” for clarity.
In subsection (d), the words “When an emergency exists” are substituted for “in case of emergency” for consistency in this chapter.
§21106. Limitations on employee sleeping quarters
A railroad carrier and its officers and agents—
(1) may provide sleeping quarters (including crew quarters, camp or bunk cars, and trailers) for employees, and any individuals employed to maintain the right of way of a railroad carrier, only if the sleeping quarters are clean, safe, and sanitary and give those employees and individuals an opportunity for rest free from the interruptions caused by noise under the control of the carrier; and
(2) may not begin, after July 7, 1976, construction or reconstruction of sleeping quarters referred to in clause (1) of this section in an area or in the immediate vicinity of an area, as determined under regulations prescribed by the Secretary of Transportation, in which railroad switching or humping operations are performed.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 891.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 21106 | 45:62(a)(3), (4). | Mar. 4, 1907, ch. 2939, 34 Stat. 1415, §2(a)(3), (4); added July 8, 1976, Pub. L. 94–348, §4(a)(3), 90 Stat. 818; June 22, 1988, Pub. L. 100–342, §16(2), 102 Stat. 634. |
| 45:62(e). | Mar. 4, 1907, ch. 2939, 34 Stat. 1415, §2(e); added June 22, 1988, Pub. L. 100–342, §19(b)(1), 102 Stat. 638. | |
| 45:63a(d) (related to 45:62(a)(3)). | Mar. 4, 1907, ch. 2939, 34 Stat. 1415, §3A(d) (related to §2(a)(3)); added July 8, 1976, Pub. L. 94–348, §4(d), 90 Stat. 819; June 22, 1988, Pub. L. 100–342, §16(4), 102 Stat. 635. |
In this section, before clause (1), the words “and any individuals employed to maintain the right of way of a railroad carrier” are substituted for 45:62(e) because of the restatement.
§21107. Maximum duty hours and subjects of collective bargaining
The number of hours established by this chapter that an employee may be required or allowed to be on duty is the maximum number of hours consistent with safety. Shorter hours of service and time on duty of an employee are proper subjects for collective bargaining between a railroad carrier and its employees.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 891.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 21107 | 45:63a(d) (related to 45:64). | Mar. 4, 1907, ch. 2939, 34 Stat. 1415, §3A(d) (related to §4); added July 8, 1976, Pub. L. 94–348, §4(d), 90 Stat. 819; June 22, 1988, Pub. L. 100–342, §16(4), 102 Stat. 635. |
| 45:64. | Mar. 4, 1907, ch. 2939, §4, 34 Stat. 1417; restated Dec. 26, 1969, Pub. L. 91–169, §1, 83 Stat. 464; June 22, 1988, Pub. L. 100–342, §16(5), 102 Stat. 635. |
§21108. Pilot projects
(a)
(b)
(1) explains and analyzes the effectiveness of all pilot projects established pursuant to a waiver granted under subsection (a);
(2) describes the status of all other waivers granted under subsection (a) and their related pilot projects, if any; and
(3) recommends appropriate legislative changes to this chapter.
(c)
(Added Pub. L. 103–440, title II, §203(a), Nov. 2, 1994, 108 Stat. 4619.)
CHAPTER 213—PENALTIES
SUBCHAPTER I—CIVIL PENALTIES
SUBCHAPTER II—CRIMINAL PENALTIES
SUBCHAPTER I—CIVIL PENALTIES
§21301. Chapter 201 general violations
(a)
(2) The Secretary shall include in, or make applicable to, each regulation prescribed and order issued under chapter 201 of this title a civil penalty for a violation. The amount of the penalty shall be at least $500 but not more than $10,000. However, when a grossly negligent violation or a pattern of repeated violations has caused an imminent hazard of death or injury to individuals, or has caused death or injury, the amount may be not more than $20,000.
(3) The Secretary may compromise the amount of a civil penalty imposed under this subsection to not less than $500 before referring the matter to the Attorney General for collection. In determining the amount of a compromise, the Secretary shall consider—
(A) the nature, circumstances, extent, and gravity of the violation;
(B) with respect to the violator, the degree of culpability, any history of violations, the ability to pay, and any effect on the ability to continue to do business; and
(C) other matters that justice requires.
(b)
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 891; Pub. L. 104–287, §5(53), Oct. 11, 1996, 110 Stat. 3393.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 21301(a)(1) | 45:438(a). | Oct. 16, 1970, Pub. L. 91–458, §209(a), 84 Stat. 975; restated Jan. 14, 1983, Pub. L. 97–468, §706, 96 Stat. 2581; June 22, 1988, Pub. L. 100–342, §3(a)(1), 102 Stat. 624; Sept. 3, 1992, Pub. L. 102–365, §9(a)(1), 106 Stat. 977. |
| 45:438(c) (1st, 3d sentences). | Oct. 16, 1970, Pub. L. 91–458, §209(c) (1st, 3d, 5th–8th sentences), 84 Stat. 975; June 22, 1988, Pub. L. 100–342, §3(a)(3)(A), (C), 102 Stat. 624; Sept. 3, 1992, Pub. L. 102–365, §4(c)(1), 106 Stat. 974. | |
| 21301(a)(2) | 45:438(b) (related to rules, regulations, orders, or standards issued under this subchapter). | Oct. 16, 1970, Pub. L. 91–458, §209(b) (related to rules, regulations, orders, or standards issued under this title), 84 Stat. 975; Jan. 3, 1975, Pub. L. 93–633, §204(a), 88 Stat. 2165; June 22, 1988, Pub. L. 100–342, §3(a)(2), 102 Stat. 624; Sept. 3, 1992, Pub. L. 102–365, §4(a)(1), 106 Stat. 973. |
| 21301(a)(3) | 45:438(c) (5th, 6th sentences). | |
| 21301(b) | 45:438(c) (7th sentence). | |
| 21301(c) | 45:438(c) (8th sentence). |
In subsection (a), the words “impose” and “imposed” are substituted for “assessed”, for consistency in the revised title.
In subsection (a)(1), the first 2 sentences are substituted for 45:438(a) and (c) (1st sentence) for consistency in the revised title and to eliminate unnecessary words. The words “(including but not limited to a railroad; any manager, supervisor, official, or other employee or agent of a railroad; any owner, manufacturer, lessor, or lessee of railroad equipment, track, or facilities; any independent contractor providing goods or services to a railroad; and any employee of such owner, manufacturer, lessor, lessee, or independent contractor)” are omitted as surplus because of the definition of “person” in 1:1 and because the provision being violated indicates to whom it applies. The word “shall” in 45:438(c) (1st sentence) is retained from the source provisions. For a discussion of whether the authority of the Secretary of Transportation to impose a penalty is mandatory or permissive, see Railway Labor Executives’ Ass'n v. Dole, 760 F.2d 1021, 1024, 1025 (9th Cir. 1985); H.R. Conf. Rept. No. 100–637, 100th Cong., 2d Sess., p. 20; 134 Cong. Rec. H3470, May 23, 1988 (daily ed.); 134 Cong. Rec. S7510, June 9, 1988 (daily ed.). See also 134 Cong. Rec. E1946, June 10, 1988 (daily ed.). For an extended discussion of FRA's prosecutorial discretion, see Nationwide Rail Safety: Hearing Before the Subcommittee on Transportation, Tourism, and Hazardous Materials of the House Energy and Commerce Committee, 100th Cong., 1st Sess., pp. 54–65 (1987). See also section 6 of this bill that provides that this bill restates, without substantive change, the provisions of law replaced by this bill, and that this bill may not be construed as making a substantive change in the law restated. Therefore, the word “shall” in this subsection has the same meaning it has under existing law. The words “A separate violation” are substituted for “a separate offense” for consistency.
In subsection (a)(3), the words “may compromise the amount . . . to not less than $500” are substituted for “may, however, be compromised . . . for any amount, but in no event for an amount less than the minimum provided in subsection (b) of this section” for clarity and to eliminate unnecessary words. In clause (B), the words “prior or subsequent” are omitted as unnecessary.
In subsection (c), the words “deposited in” are substituted for “covered into” for consistency in the revised title and with other titles of the United States Code.
Pub. L. 104–287
This amends 49:21301(a)(1) to clarify the restatement of 45:438(a) by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 891).
Amendments
1996—Subsec. (a)(1). Pub. L. 104–287, §5(53)(B), substituted “Secretary under chapter 201 is liable” for “Secretary of Transportation under chapter 201 of this title is liable”.
Pub. L. 104–287, §5(53)(A), inserted “A person may not fail to comply with a regulation prescribed or order issued by the Secretary of Transportation under chapter 201 of this title.” before “Subject to”.
Effective Date of 1996 Amendment
Amendment by Pub. L. 104–287 effective July 5, 1994, see section 8(1) of Pub. L. 104–287, set out as a note under section 5303 of this title.
§21302. Chapter 201 accident and incident violations and chapter 203–209 violations
(a)
(2) The Secretary of Transportation imposes a civil penalty under this subsection. The amount of the penalty shall be at least $500 but not more than $10,000. However, when a grossly negligent violation or a pattern of repeated violations has caused an imminent hazard of death or injury to individuals, or has caused death or injury, the amount may be not more than $20,000.
(3) The Secretary may compromise the amount of the civil penalty under section 3711 of title 31. In determining the amount of a compromise, the Secretary shall consider—
(A) the nature, circumstances, extent, and gravity of the violation;
(B) with respect to the violator, the degree of culpability, any history of violations, the ability to pay, and any effect on the ability to continue to do business; and
(C) other matters that justice requires.
(4) If the Secretary does not compromise the amount of the civil penalty, the Secretary shall refer the matter to the Attorney General for collection.
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 892.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 21302 | 45:6 (1st sentence words before 23d comma and between 24th comma and proviso, 2d sentence words before 2d comma, last sentence). | Mar. 2, 1893, ch. 196, §6 (1st sentence words before 23d comma and between 24th comma and proviso, 2d sentence words before 2d comma, last sentence), 27 Stat. 532; restated Apr. 1, 1896, ch. 87, 29 Stat. 85; Aug. 14, 1957, Pub. L. 85–135, §1(1), 71 Stat. 352; July 8, 1976, Pub. L. 94–348, §3(a), 90 Stat. 818; Nov. 2, 1978, Pub. L. 95–574, §7(a), 92 Stat. 2461; Oct. 10, 1980, Pub. L. 96–423, §8(b), 94 Stat. 1814; June 22, 1988, Pub. L. 100–342, §13(1)(F), 102 Stat. 630; Sept. 3, 1992, Pub. L. 102–365, §§4(a)(1), (c)(3), 9(a)(3), 106 Stat. 973, 974, 977. |
| 45:8 (words before 16th comma). | Mar. 2, 1903, ch. 976, §1 (words before 23d comma), 32 Stat. 943; June 22, 1988, Pub. L. 100–342, §13(2)(A), 102 Stat. 631. | |
| 45:9 (last sentence). | Mar. 2, 1903, ch. 976, 32 Stat. 943, §2 (last sentence); added Apr. 11, 1958, Pub. L. 85–375, §1(b)(3), 72 Stat. 86. | |
| 45:10 (words after 19th comma). | Mar. 2, 1903, ch. 976, §3 (last sentence words after semicolon), 32 Stat. 944. | |
| 45:12 (1st sentence words after semicolon). | Apr. 14, 1910, ch. 160, §3 (1st sentence words between semicolon and proviso), 36 Stat. 298. | |
| 45:13 (1st sentence words before last comma, 2d sentence words before proviso, last sentence). | Apr. 14, 1910, ch. 160, §4 (1st sentence words before last comma, 2d sentence words before proviso, last sentence), 36 Stat. 299; Aug. 14, 1957, Pub. L. 85–135, §1(2), 71 Stat. 352; July 8, 1976, Pub. L. 94–348, §3(b), 90 Stat. 818; Nov. 2, 1978, Pub. L. 95–574, §7(b), 92 Stat. 2461; June 22, 1988, Pub. L. 100–342, §13(3) (C)(i)–(iv), 102 Stat. 632; Sept. 3, 1992, Pub. L. 102–365, §§4(a)(1), (c)(4), 9(a)(5), 106 Stat. 973, 974, 978. | |
| 45:14 (words after semicolon). | Apr. 14, 1910, ch. 160, §5 (words after semicolon), 36 Stat. 299. | |
| 45:30 (1st sentence related to 45:34). | Mar. 4, 1915, ch. 169, §2 (1st sentence related to §9 of Act of Feb. 17, 1911), 38 Stat. 1192; Apr. 22, 1940, ch. 124, §2, 54 Stat. 148; Reorg. Plan No. 3 of 1965, eff. July 27, 1965, 79 Stat. 1320. | |
| 45:34 (1st sentence words before last comma, 2d, last sentences). | Feb. 17, 1911, ch. 103, §9 (1st sentence words before last comma, 2d, last sentences), 36 Stat. 916; Apr. 22, 1940, ch. 124, §1 (related to §9 of Act of Feb. 17, 1911), 54 Stat. 148; Aug. 14, 1957, Pub. L. 85–135, §3, 71 Stat. 352; Reorg. Plan No. 3 of 1965, eff. July 27, 1965, 79 Stat. 1320; July 8, 1976, Pub. L. 94–348, §3(c), 90 Stat. 818; Nov. 2, 1978, Pub. L. 95–574, §7(c), 92 Stat. 2461; Oct. 10, 1980, Pub. L. 96–423, §8(c), 94 Stat. 1814; June 22, 1988, Pub. L. 100–342, §14(7)(A), 102 Stat. 633; Sept. 3, 1992, Pub. L,. 102–365, §§4(a)(1), (c)(7), 9(a)(8), 106 Stat. 973, 975, 978. | |
| 45:43 (1st sentence words before last comma, 2d sentence, 3d sentence words before 5th comma, last sentence). | May 6, 1910, ch. 208, §7 (1st sentence words before last comma, 2d sentence, 3d sentence words before 5th comma, last sentence), 36 Stat. 351; Sept. 13, 1960, Pub. L. 86–762, §3, 74 Stat. 904; restated June 22, 1988, Pub. L. 100–342, §15(4), 102 Stat. 634; Sept. 3, 1992, Pub. L. 102–365, §§4(a)(1), (c)(5), 9(a)(6), 106 Stat. 973, 974, 978. | |
| 45:438(b) (related to 45:39). | Oct. 16, 1970, Pub. L. 91–458, §209(b) (related to §2 of Act of May 6, 1910), 84 Stat. 975; Jan. 3, 1975, Pub. L. 93–633, §204(a), 88 Stat. 2165; June 22, 1988, Pub. L. 100–342, §3(a)(2), 102 Stat. 624; Sept. 3, 1992, Pub. L. 102–365, §4(a)(1), 106 Stat. 973. | |
| 49 App.:26(h) (1st sentence words before last comma, 2d, 3d sentences, 4th sentence words before last comma, last sentence). | Feb. 4, 1887, ch. 104, 24 Stat. 379, §25(h) (1st sentence words before last comma, 2d, 3d sentences, 4th sentence words before last comma, last sentence); added Feb. 28, 1920, ch. 91, §441, 41 Stat. 498; restated Aug. 26, 1937, ch. 818, 50 Stat. 837; Sept. 18, 1940, ch. 722, §14(b), 54 Stat. 919; July 8, 1976, Pub. L. 94–348, §3(d), 90 Stat 818; Nov. 2, 1978, Pub. L. 95–574, §7(d), 92 Stat. 2461; Oct. 10, 1980, Pub. L. 96–423, §8(d), 94 Stat. 1814; June 22, 1988, Pub. L. 100–342, §17(7), (8), 102 Stat. 636; Sept. 3, 1992, Pub. L. 102–365, §§4(a)(1), (c)(6), 9(a)(7), 106 Stat. 973, 974, 978. | |
| 49 App.:1655(e)(1)(A), (C), (E)–(G), (K), (6)(A). | Oct. 15, 1966, Pub. L. 89–670, §6(e)(1)(A), (C), (E)–(G), (K), (6)(A), 80 Stat. 939. |
In subsection (a)(1), the words “(including but not limited to a railroad; any manager, supervisor, official, or other employee or agent of a railroad; any owner, manufacturer, lessor, or lessee of railroad equipment, track, or facilities; any independent contractor providing goods or services to a railroad; and any employee of such owner, manufacturer, lessor, lessee, or independent contractor)” are omitted as surplus because of the definition of “person” in 1:1 and because the provision being violated indicates to whom it applies. The words “violating a regulation prescribed or order issued under chapter 201 of this title related to accident and incident reporting or investigation” are substituted for “violating . . . any rule, regulation, order, or standard issued under . . . the Federal Railroad Safety Act of 1970 [45 U.S.C. 431 et seq.] pertaining to accident reporting or investigations” in 45:43, and the words “violating chapters 203–209 of this title or a regulation or requirement prescribed or order issued under chapters 203–209” are substituted for various language in the source provisions, for clarity, for consistency in this section, and to eliminate unnecessary words. The words “liable to the United States Government for a civil penalty” are substituted for “liable to a penalty” for clarity. The text of 45:438(b) (related to 45:39) is omitted as covered by 45:43.
In subsection (a)(2), the words “The Secretary of Transportation imposes a civil penalty under this subsection” are substituted for “to be assessed by the Secretary of Transportation” in 45:6, “Such penalty shall be assessed by the Secretary of Transportation” in 45:13, the text of 45:10 (words after 7th comma) and 14 (words after semicolon), and “in such amount . . . as the Secretary of Transportation deems reasonable” in 45:34 and 43 and 49 App.:26(h) for clarity and to eliminate unnecessary words. The words “per violation” are omitted as surplus.
In subsections (a)(3) and (b), the words “Attorney General” are substituted for “United States attorney”, “such attorneys, subject to the direction of the Attorney General”, “proper United States attorney” and “proper United States attorneys” because of 28:509.
In subsection (a)(3), the words “section 3711 of title 31” are substituted for “the Federal Claims Collection Act of 1966” and “sections 3711 and 3716 to 3718 of title 31” because the Federal Claims Collection Act of 1966 has been repealed and reenacted as part of title 31 and penalties are compromised under 31:3711. In clause (B), the words “prior or subsequent” are omitted as unnecessary.
In subsection (a)(4), the words “the Secretary shall refer the matter to the Attorney General for collection” are substituted for “recovered in a suit or suits to be brought by” for clarity. The words “and it shall also be the duty of the Secretary of Transportation to lodge with . . . information of any such violations as may come to his knowledge” and “and it shall be the duty of the director of locomotive inspection to give information . . . of all violations coming to his knowledge” are omitted as obsolete.
In subsection (b), the words “The Attorney General shall bring a civil action in a district court of the United States to collect a civil penalty that is referred to the Attorney General for collection under subsection (a) of this section” are substituted for “and it shall be the duty of such United States attorney to bring such suits upon duly verified information being lodged with him of such violation having occurred” in 45:6, and for “It shall be the duty of such attorneys to bring such suits upon duly verified information being lodged with them showing such violations having occurred” in 49 App.:26, for clarity and consistency in this section and with other provisions of the revised title.
§21303. Chapter 211 violations
(a)
(2) The Secretary of Transportation imposes a civil penalty under this subsection. The amount of the penalty shall be at least $500 but not more than $10,000. However, when a grossly negligent violation or a pattern of repeated violations has caused an imminent hazard of death or injury to individuals, or has caused death or injury, the amount may be not more than $20,000.
(3) The Secretary may compromise the amount of the civil penalty under section 3711 of title 31. In determining the amount of a compromise, the Secretary shall consider—
(A) the nature, circumstances, extent, and gravity of the violation;
(B) with respect to the violator, the degree of culpability, any history of violations, the ability to pay, and any effect on the ability to continue to do business; and
(C) other matters that justice requires.
(4) If the Secretary does not compromise the amount of the civil penalty, the Secretary shall refer the matter to the Attorney General for collection.
(b)
(2) A civil action under this subsection must be brought not later than 2 years after the date of the violation unless administrative notification under section 3711 of title 31 is given within that 2-year period to the person committing the violation. However, even if notification is given, the action must be brought within the period specified in section 2462 of title 28.
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 892; Pub. L. 103–440, title II, §204, Nov. 2, 1994, 108 Stat. 4620; Pub. L. 104–287, §5(54), Oct. 11, 1996, 110 Stat. 3393.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 21303 | 45:63a(d) (related to 45:64a). | Mar. 4, 1907, ch. 2939, 34 Stat. 1415, §3A(d) (related to §5); added July 8, 1976, Pub. L. 94–348, §4(d), 90 Stat. 819; June 22, 1988, Pub. L. 100–342, §16(4), 102 Stat. 635. |
| 45:64a(a)(1) (1st sentence words before last comma, 2d–4th sentences, 5th sentence words before last comma, last sentence). | Mar. 4, 1907, ch. 2939, §5(a)(1) (1st sentence words before last comma, 2d–4th sentences, 5th sentence words before last comma, last sentence), 34 Stat. 1417; Dec. 26, 1969, Pub. L. 91–169, §1, 83 Stat. 464; July 8, 1976, Pub. L. 94–348, §4(e), 90 Stat. 819; Oct. 10, 1980, Pub. L. 96–423, §12, 94 Stat. 1816; restated June 22, 1988, Pub. L. 100–342, §16(6)(A), 102 Stat. 635; Sept. 3, 1992, Pub. L,. 102–365, §§4(a)(2), (c)(2), 9(a)(2), 106 Stat. 973, 974, 977. | |
| 45:64a(a)(2). | Mar. 4, 1907, ch. 2939, §5(a)(2), 34 Stat. 1417; Dec. 26, 1969, Pub. L. 91–169, §1, 83 Stat. 464; July 8, 1976, Pub. L. 94–348, §4(e), 90 Stat. 819; restated Oct. 10, 1980, Pub. L. 96–423, §12, 94 Stat. 1816; June 22, 1988, Pub. L. 100–342, §16(6)(B), 102 Stat. 635. | |
| 45:64a(b). | Mar. 4, 1907, ch. 2939, §5(b), 34 Stat. 1417; restated Dec. 26, 1969, Pub. L. 91–169, §1, 83 Stat. 464. | |
| 45:64a(c). | Mar. 4, 1907, ch. 2939, §5(c), 34 Stat. 1417; restated Dec. 26, 1969, Pub. L. 91–169, §1, 83 Stat. 464; June 22, 1988, Pub. L. 100–342, §16(6)(C), 102 Stat. 635. |
In this section, the words “Attorney General” are substituted for “United States attorney” because of 28:509. The words “civil action” are substituted for “suit or suits”, “action”, and “prosecutions” for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.).
In subsection (a)(1), the words “(including but not limited to a railroad; any manager, supervisor, official, or other employee or agent of a railroad; any owner, manufacturer, lessor, or lessee of railroad equipment, track, or facilities; any independent contractor providing goods or services to a railroad; and any employee of such owner, manufacturer, lessor, lessee, or independent contractor)” are omitted as surplus because of the definition of “person” in 1:1 and because the provision being violated indicates to whom it applies. The words “violating chapter 211 of this title” are substituted for “that requires or permits any employee to go, be, or remain on duty in violation of section 62, section 63, or section 63a of this title, or that violates any other provision of this chapter” to eliminate unnecessary words. The words “to the United States Government for a civil penalty” are substituted for “for a penalty” for consistency in the revised title and with other titles of the United States Code.
In subsection (a)(2), the words “The Secretary of Transportation imposes a civil penalty under this subsection” are substituted for “as the Secretary of Transportation deems reasonable” for clarity and consistency.
In subsection (a)(3), the words “section 3711 of title 31” are substituted for “sections 3711 and 3716 to 3718 of title 31” because penalties are compromised under 31:3711. In clause (B), the words “prior or subsequent” are omitted as unnecessary.
In subsection (a)(4), the words “the Secretary shall refer the matter to the Attorney General for collection” are substituted for “recovered in a suit or suits to be brought by” for clarity. The text of 45:64a(b) is omitted as obsolete.
In subsection (b)(1), the words “The Attorney General shall bring a civil action in a district court of the United States to collect a civil penalty that is referred to the Attorney General for collection under subsection (a) of this section after satisfactory information is presented to the Attorney General” are substituted for “It shall be the duty of the United States attorney to bring such an action upon satisfactory information being lodged with him” for clarity and consistency in this section and with other provisions of the revised title.
In subsection (c), the words “any proceeding” are substituted for “all prosecutions” for consistency in the revised title.
Pub. L. 104–287
This amends 49:21303(a)(1) to correct a grammatical error.
Amendments
1996—Subsec. (a)(1). Pub. L. 104–287 inserted a comma after “chapter 211 of this title”.
1994—Subsec. (a)(1). Pub. L. 103–440 inserted “or violating any provision of a waiver applicable to that person that has been granted under section 21108 of this title,” after “chapter 211 of this title”.
§21304. Willfulness requirement for penalties against individuals
A civil penalty under this subchapter may be imposed against an individual only for a willful violation. An individual is deemed not to have committed a willful violation if the individual was following the direct order of a railroad carrier official or supervisor under protest communicated to the official or supervisor. The individual is entitled to document the protest.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 893.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 21304 | 45:6 (1st sentence words between 23d and 24th commas, 2d sentence words after 2d comma, 3d sentence). | Mar. 2, 1893, ch. 196, §6 (1st sentence words between 23d and 24th commas, 2d sentence words after 2d comma, 3d sentence), 27 Stat. 532; restated June 22, 1988, Pub. L. 100–342, §13(1)(F), 102 Stat. 630; Sept. 3, 1992, Pub. L. 102–365, §9(a)(3), 106 Stat. 977. |
| 45:13 (1st sentence words after last comma, 3d, 4th sentences). | Apr. 14, 1910, ch. 160, §4 (1st sentence words after last comma, 3d, 4th sentences), 36 Stat. 299; June 22, 1988, Pub. L. 100–342, §13(3)(C)(iii), (v), 102 Stat. 632. | |
| 45:34 (1st sentence words after last comma, 3d, 4th sentences). | Feb. 17, 1911, ch. 103, §9 (1st sentence words after last comma, 3d, 4th sentences), 36 Stat. 916; June 22, 1988, Pub. L. 100–342, §14(7), 102 Stat. 633. | |
| 45:43 (1st sentence words after last comma, 3d sentence words after 5th comma, 4th sentence). | May 6, 1910, ch. 208, §7 (1st sentence words after last comma, 3d sentence words after 5th comma, 4th sentence), 36 Stat. 351; Sept. 13, 1960, Pub. L. 86–762, §3, 74 Stat. 904; restated June 22, 1988, Pub. L. 100–342, §15(4), 102 Stat. 634. | |
| 45:64a(a)(1) (1st sentence words after last comma, 5th sentence words after last comma, 6th sentence). | Mar. 4, 1907, ch. 2939, §5(a)(1) (1st sentence words after last comma, 5th sentence words after last comma, 6th sentence), 34 Stat. 1417; restated June 22, 1988, Pub. L. 100–342, §16(6)(A), 102 Stat. 635. | |
| 45:438(c) (2d, 9th, last sentences). | Oct. 16, 1970, Pub. L. 91–458, §209(c) (2d, 8th, last sentences), 84 Stat. 975; June 22, 1988, Pub. L. 100–342, §3(a)(3)(A), (C), 102 Stat. 624; Sept. 3, 1992, Pub. L. 102–365, §4(c)(1), 106 Stat. 974. | |
| 49 App.:26(h) (1st sentence words after last comma, 4th sentence words after last comma, 5th sentence). | Feb. 4, 1887, ch. 104, 24 Stat. 379, §25(h) (1st sentence words after last comma, 4th sentence words after last comma, 5th sentence); added Feb. 28, 1920, ch. 91, §441, 41 Stat. 498; restated Aug. 26, 1937, ch. 818, 50 Stat. 837; Sept. 18, 1940, ch. 722, §14(b), 54 Stat. 919; June 22, 1988, Pub. L. 100–342, §17(7), 102 Stat. 636. |
The word “official” is added the 2d time it appears for consistency in this section.
SUBCHAPTER II—CRIMINAL PENALTIES
§21311. Records and reports
(a)
(1) makes a false entry in a record or report required to be made or preserved under chapter 201 of this title;
(2) destroys, mutilates, changes, or by another means falsifies such a record or report;
(3) does not enter required specified facts and transactions in such a record or report;
(4) makes or preserves such a record or report in violation of a regulation prescribed or order issued under chapter 201 of this title; or
(5) files a false record or report with the Secretary of Transportation.
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 893.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 21311(a) | 45:438(e). | Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, §209(e); added Oct. 10, 1980, Pub. L. 96–423, §7, 94 Stat. 1814. |
| 21311(b) | 45:39 (related to fine). | May 6, 1910, ch. 208, §2 (related to fine), 36 Stat. 351; Jan. 3, 1975, Pub. L. 93–633, §204(b), 88 Stat. 2166; June 22, 1988, Pub. L. 100–342, §15(2), 102 Stat. 634; Sept. 3, 1992, Pub. L. 102–365, §4(a)(3), 106 Stat. 973. |
In subsection (a), before clause (1), the words “fined under title 18” are substituted for “fined not more than $5,000” for consistency with title 18. In clause (1), the word “prepared” is omitted as surplus. In clause (4), the word “prepares” is omitted as surplus.
In subsection (b), the words “shall be deemed guilty of a misdemeanor” are omitted for consistency with title 18. The words “upon conviction thereof by a court of competent jurisdiction” and “punished by a” are omitted as surplus.
PART B—ASSISTANCE
CHAPTER 221—LOCAL RAIL FREIGHT ASSISTANCE
§22101. Financial assistance for State projects
(a)
(1) acquiring, in any way the State considers appropriate, an interest in a rail line or rail property to maintain existing, or to provide future, rail freight transportation, but only if the Surface Transportation Board has authorized, or exempted from the requirements of that authorization, the abandonment of, or the discontinuance of rail transportation on, the rail line related to the project;
(2) improving and rehabilitating rail property on a rail line to the extent necessary to allow adequate and efficient rail freight transportation on the line, but only if the rail carrier certifies that the rail line related to the project carried not more than 5,000,000 gross ton-miles of freight a mile in the prior year; and
(3) building rail or rail-related facilities (including new connections between at least 2 existing rail lines, intermodal freight terminals, sidings, bridges, and relocation of existing lines) to improve the quality and efficiency of the rail freight transportation, but only if the rail carrier certifies that the rail line related to the project carried not more than 5,000,000 gross ton-miles of freight a mile in the prior year.
(b)
(c)
(A) a rail carrier certifies that the rail line related to the project carried more than 20 carloads a mile during the most recent year during which transportation was provided by the carrier on the line; and
(B) the ratio of benefits to costs for the project, as calculated using the methodology established under subsection (b) of this section, is more than 1.0.
(2) If the rail carrier that provided the transportation on the rail line is no longer in existence, the applicant for the project shall provide the information required by the certification under paragraph (1)(A) of this subsection in the way the Secretary prescribes.
(3) The Secretary may waive the requirement of paragraph (1)(A) or (2) of this subsection if the Secretary—
(A) decides that the rail line has contractual guarantees of at least 40 carloads a mile for each of the first 2 years of operation of the proposed project; and
(B) finds that there is a reasonable expectation that the contractual guarantees will be fulfilled.
(d)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 894; Pub. L. 104–88, title III, §308(f)(1), (2), Dec. 29, 1995, 109 Stat. 947.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 22101(a) | 49 App.:1654(b). | Oct. 15, 1966, Pub. L. 89–670, 80 Stat. 931, §5(b), (c), (n)–(p); added Feb. 5, 1976, Pub. L. 94–210, §803, 90 Stat. 130; Nov. 8, 1978, Pub. L. 95–607, §§102– 106(a), 107–109(a), 92 Stat. 3059, 3062; Oct. 12, 1979, Pub. L. 96–86, §115(b), 93 Stat. 662; Aug. 13, 1981, Pub. L. 97–35, §§1191, 1192, 95 Stat. 699; Jan. 14, 1983, Pub. L. 97–468, §501, 96 Stat. 2551; Apr. 7, 1986, Pub. L. 99–272, §4018, 100 Stat. 111; restated Dec. 11, 1989, Pub. L. 101–213, §2(a), (c), 103 Stat. 1843, 1844, 1848. |
| 49 App.:1654(p). | ||
| 22101(b) | 49 App.:1654(n). | |
| 22101(c) | 49 App.:1654(c). | |
| 22101(d) | 49 App.:1654(o). |
In this chapter, the word “transportation” is substituted for “service” for consistency in the revised title.
In subsection (a), before clause (1), the words “when a rail carrier . . . maintains a rail line in the State” are substituted for “As used in this section, the term ‘State’ means any State in which a rail carrier providing transportation . . . maintains any line of railroad” because of the restatement. The words “the jurisdiction of the Interstate Commerce Commission” are omitted as unnecessary because of 49:ch. 105. In clause (1), the words “by purchase, lease” are omitted as being included in “in any way the State considers appropriate” to eliminate unnecessary words.
In subsection (b), the words “no later than July 1, 1990” are omitted as executed.
In subsection (c)(1), before clause (A), the words “Assistance for a project shall be provided under this chapter only if” are substituted for “No project shall be provided rail freight assistance under this section unless” because of the restatement.
In subsection (c)(2), the words “If the rail carrier that provided the transportation on the rail line” are substituted for “In a case where the railroad”, and the words “information required by the certification under paragraph (1)(A) of this subsection” are substituted for “such information”, for clarity.
Amendments
1995—Subsec. (a). Pub. L. 104–88 substituted “part A of subtitle IV” for “subchapter I of chapter 105” in introductory provisions and “Surface Transportation Board” for “Interstate Commerce Commission” in par. (1).
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 701 of this title.
§22102. Eligibility
A State is eligible to receive financial assistance under this chapter only when the State complies with regulations the Secretary of Transportation prescribes under this chapter and the Secretary decides that—
(1) the State has an adequate plan for rail transportation in the State and a suitable process for updating, revising, and modifying the plan;
(2) the State plan is administered or coordinated by a designated State authority and provides for a fair distribution of resources;
(3) the State authority—
(A) is authorized to develop, promote, supervise, and support safe, adequate, and efficient rail transportation;
(B) employs or will employ sufficient qualified and trained personnel;
(C) maintains or will maintain adequate programs of investigation, research, promotion, and development with opportunity for public participation; and
(D) is designated and directed to take all practicable steps (by itself or with other State authorities) to improve rail transportation safety and reduce energy use and pollution related to transportation; and
(4) the State has ensured that it maintains or will maintain adequate procedures for financial control, accounting, and performance evaluation for the proper use of assistance provided by the United States Government.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 895.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 22102 | 49 App.:1654(a). | Oct. 15, 1966, Pub. L. 89–670, 80 Stat. 931, §5(a); added Feb. 5, 1976, Pub. L. 94–210, §803, 90 Stat. 130; Nov. 8, 1978, Pub. L. 95–607, §§102–106(a), 107–109(a), 92 Stat. 3059, 3062; Oct. 12, 1979, Pub. L. 96–86, §115(b), 93 Stat. 662; Aug. 13, 1981, Pub. L. 97–35, §§1191, 1192, 95 Stat. 699; Jan. 14, 1983, Pub. L. 97–468, §501, 96 Stat. 2551; Apr. 7, 1986, Pub. L. 99–272, §4018, 100 Stat. 111; restated Dec. 11, 1989, Pub. L. 101–213, §2(a), (c), 103 Stat. 1843, 1844. |
In this section, before clause (1), the words “and the Secretary decides that” are substituted for “and the Secretary determines that such State meets or exceeds the requirements of paragraphs (1) through (4) of this subsection” to eliminate unnecessary words. In clauses (2) and (3), the word “authority” is substituted for “agency” for consistency in the revised title. In clause (2), the word “fair” is substituted for “equitable” for consistency in the revised title. In clause (3)(A), the words “is authorized” are substituted for “has authority and administrative jurisdiction” to eliminate unnecessary words. In clause (3)(B), the words “directly or indirectly” are omitted as surplus. In clause (4), the word “adopt” is omitted as being included in “maintain”.
§22103. Applications
(a)
(b)
(1) the percentage of rail lines that rail carriers have identified to the Surface Transportation Board for abandonment or potential abandonment in the State.
(2) the likelihood of future abandonments in the State.
(3) the ratio of benefits to costs for a proposed project calculated using the methodology established under section 22101(b) of this title.
(4) the likelihood that the rail line will continue operating with assistance.
(5) the impact of rail bankruptcies, rail restructuring, and rail mergers on the State.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 896; Pub. L. 104–88, title III, §308(f)(3), Dec. 29, 1995, 109 Stat. 947.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 22103(a) | 49 App.:1654(f) (1st sentence). | Oct. 15, 1966, Pub. L. 89–670, 80 Stat. 931, §5(f); added Feb. 5, 1976, Pub. L. 94–210, §803, 90 Stat. 130; Nov. 8, 1978, Pub. L. 95–607, §§102–106(a), 107–109(a), 92 Stat. 3059, 3062; Oct. 12, 1979, Pub. L. 96–86, §115(b), 93 Stat. 662; Aug. 13, 1981, Pub. L. 97–35, §§1191, 1192, 95 Stat. 699; Jan. 14, 1983, Pub. L. 97–468, §501, 96 Stat. 2551; Apr. 7, 1986, Pub. L. 99–272, §4018, 100 Stat. 111; restated Dec. 11, 1989, Pub. L. 101–213, §2(a), (c), 103 Stat. 1843, 1846. |
| 22103(b) | 49 App.:1654(f) (last sentence). |
In subsection (a), the words “under this chapter” are added for clarity. The words “a law” are substituted for “legislation” for consistency in the revised title.
In subsection (b)(3), the words “established by the Secretary” are omitted as surplus.
In subsection (b)(5), the words “applying for assistance” are omitted as unnecessary because of the restatement.
Amendments
1995—Subsec. (b)(1). Pub. L. 104–88 substituted “Surface Transportation Board” for “Interstate Commerce Commission”.
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 701 of this title.
§22104. State rail plan financing
(a)
(1) to establish, update, revise, and modify the State plan required by section 22102 of this title; or
(2) to carry out projects described in section 22101(a)(1), (2), or (3) of this title, as designated by the State, if those projects meet the requirements of section 22101(c)(1)(B) of this title.
(b)
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 896.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 22104(a) | 49 App.:1654(g) (1st sentence). | Oct. 15, 1966, Pub. L. 89–670, 80 Stat. 931, §5(g); added Feb. 5, 1976, Pub. L. 94–210, §803, 90 Stat. 130; Nov. 8, 1978, Pub. L. 95–607, §§102–106(a), 107–109(a), 92 Stat. 3059, 3062; Oct. 12, 1979, Pub. L. 96–86, §115(b), 93 Stat. 662; Aug. 13, 1981, Pub. L. 97–35, §§1191, 1192, 95 Stat. 699; Jan. 14, 1983, Pub. L. 97–468, §501, 96 Stat. 2551; Apr. 7, 1986, Pub. L. 99–272, §4018, 100 Stat. 111; restated Dec. 11, 1989, Pub. L. 101–213, §2(a), (c), 103 Stat. 1843, 1846. |
| 22104(b) | 49 App.:1654(g) (2d, 3d sentences). | |
| 22104(c) | 49 App.:1654(g) (4th, last sentences). |
In subsection (a)(1), the word “modify” is added for consistency with 49 App.:1654(a), restated in section 22102 of the revised title.
In subsection (b), the words “not later than the first day of the fiscal year for which the amounts are available” are substituted for “on or before the first day of the fiscal year” for clarity.
In subsection (c), the word “timely” is omitted as unnecessary. The words “the first 3 months after the end of the fiscal year for which the amounts were made available” are substituted for “the expiration of the period described in the previous sentence” for clarity.
§22105. Sharing project costs
(a)
(A) forgiveness of taxes imposed on a rail carrier or its property.
(B) real and tangible personal property (provided by the State or a person for the State) necessary for the safe and efficient operation of rail freight transportation.
(C) track rights secured by the State for a rail carrier.
(D) the cash equivalent of State salaries for State employees working on the State project, except overhead and general administrative costs.
(2) A State may pay more than its required percentage share of the costs of a project under this chapter. When a State, or a person acting for a State, pays more than the State share of the costs of its projects during a fiscal year, the excess amount shall be applied to the State share for the costs of the State projects for later fiscal years.
(b)
(1) the project will benefit each State making the agreement; and
(2) the agreement is not a violation of State law.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 897.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 22105(a) | 49 App.:1654(e). | Oct. 15, 1966, Pub. L. 89–670, 80 Stat. 931, §5(e), (j); added Feb. 5, 1976, Pub. L. 94–210, §803, 90 Stat. 130; Nov. 8, 1978, Pub. L. 95–607, §§102–106(a), 107– 109(a), 92 Stat. 3059, 3062; Oct. 12, 1979, Pub. L. 96–86, §115(b), 93 Stat. 662; Aug. 13, 1981, Pub. L. 97–35, §§1191, 1192, 95 Stat. 699; Jan. 14, 1983, Pub. L. 97–468, §501, 96 Stat. 2551; Apr. 7, 1986, Pub. L. 99–272, §4018, 100 Stat. 111; restated Dec. 11, 1989, Pub. L. 101–213, §2(a), (c), 103 Stat. 1843, 1845, 1847. |
| 22105(b) | 49 App.:1654(j). |
In this section, the words “project” and “projects” are substituted for “program” for clarity and consistency in this section.
In subsection (a)(1), before clause (A), the words “financial assistance for a project under this chapter” are substituted for “rail freight assistance project” for clarity and consistency in this chapter. In clause (B), the words “for use in its rail freight assistance program” are omitted as unnecessary because of the restatement. In clause (D), the words “State employees” are substituted for “State public employees” to eliminate an unnecessary word.
In subsection (b), before clause (1), the words “States may agree” are substituted for “Two or more States . . . enter into an agreement” to eliminate unnecessary words.
§22106. Limitations on financial assistance
(a)
(b)
(c)
(d)
(e)
(1) an application for abandonment of the rail line is filed under chapter 109 of this title; or
(2) the rail line is sold or disposed of after it has received assistance under this chapter.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 897; Pub. L. 104–287, §5(55), Oct. 11, 1996, 110 Stat. 3393.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 22106(a) | 49 App.:1654(d)(1), (2). | Oct. 15, 1966, Pub. L. 89–670, 80 Stat. 931, §5(d), (i); added Feb. 5, 1976, Pub. L. 94–210, §803, 90 Stat. 130; Nov. 8, 1978, Pub. L. 95–607, §§102–106(a), 107– 109(a), 92 Stat. 3059, 3062; Oct. 12, 1979, Pub. L. 96–86, §115(b), 93 Stat. 662; Aug. 13, 1981, Pub. L. 97–35, §§1191, 1192, 95 Stat. 699; Jan. 14, 1983, Pub. L. 97–468, §501, 96 Stat. 2551; Apr. 7, 1986, Pub. L. 99–272, §4018, 100 Stat. 111; restated Dec. 11, 1989, Pub. L. 101–213, §2(a), (c), 103 Stat. 1843, 1845, 1847. |
| 22106(b) | 49 App.:1654(d)(3) (1st, 2d sentences). | |
| 22106(c) | 49 App.:1654(d)(3) (3d, last sentences). | |
| 22106(d) | 49 App.:1654(d)(4). | |
| 22106(e) | 49 App.:1654(i). |
In subsection (a), the words “financial assistance for projects under this chapter” are substituted for “assistance provided under subsection (b) of this section” for clarity. The words “rail carrier providing rail transportation” are substituted for “operator of rail service” for consistency in the revised title. The word “conditions” is omitted as being included in “terms”. The words “Secretary of the Treasury” are substituted for “Department of the Treasury” because of 31:301(b).
In subsection (b), the words “in the same manner and under the same conditions as if they were originally granted to the State by the Secretary” are omitted as unnecessary.
In subsection (e)(2), the words “assistance under this chapter” are substituted for “Federal assistance” for clarity and consistency in this chapter.
Pub. L. 104–287
This amends 49:22106(b) to clarify the restatement of 49 App.:1654(d)(3) by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 897).
Amendments
1996—Subsec. (b). Pub. L. 104–287 inserted “in the same manner and under the same conditions as if they were originally granted to the State by the Secretary of Transportation” after “under this chapter”.
Effective Date of 1996 Amendment
Amendment by Pub. L. 104–287 effective July 5, 1994, see section 8(1) of Pub. L. 104–287, set out as a note under section 5303 of this title.
§22107. Records, audits, and information
(a)
(1) the amount of, and disposition by the recipient, of the assistance;
(2) the total costs of the project for which the assistance was given or used;
(3) the amount of that part of the costs of the project paid by other sources; and
(4) any other records that will make an effective audit easier.
(b)
(c)
(d)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 898; Pub. L. 104–88, title III, §308(f)(4), (5), Dec. 29, 1995, 109 Stat. 947; Pub. L. 104–316, title I, §127(c), Oct. 19, 1996, 110 Stat. 3840.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 22107(a) | 49 App.:1654(k)(1). | Oct. 15, 1966, Pub. L. 89–670, 80 Stat. 931, §5(k)–(m); added Feb. 5, 1976, Pub. L. 94–210, §803, 90 Stat. 130; Nov. 8, 1978, Pub. L. 95–607, §§102–106(a), 107– 109(a), 92 Stat. 3059, 3062; Oct. 12, 1979, Pub. L. 96–86, §115(b), 93 Stat. 662; Aug. 13, 1981, Pub. L. 97–35, §§1191, 1192, 95 Stat. 699; Jan. 14, 1983, Pub. L. 97–468, §501, 96 Stat. 2551; Apr. 7, 1986, Pub. L. 99–272, §4018, 100 Stat. 111; restated Dec. 11, 1989, Pub. L. 101–213, §2(a), (c), 103 Stat. 1843, 1847. |
| 22107(b) | 49 App.:1654(k)(2), (3). | |
| 22107(c) | 49 App.:1654(l). | |
| 22107(d) | 49 App.:1654(m). |
In subsection (a), before clause (1), the words “an arrangement” are substituted for “whether in the form of grants, subgrants, contracts, subcontracts, or other arrangements”, and the word “project” is substituted for “project or undertaking”, to eliminate unnecessary words and for consistency in this chapter.
Subsection (b) is substituted for 49 App.:1654(k)(2) and (3) because of 31:ch. 75.
In subsection (d), the words “Not later than” are substituted for “On or before” for clarity. The word “submit” is substituted for “prepare, update, and submit” to eliminate unnecessary words. The words “based on level of usage” are omitted as surplus.
Amendments
1996—Subsec. (b). Pub. L. 104–316 struck out “and the Comptroller General” after “Secretary”.
1995—Subsec. (c). Pub. L. 104–88, §308(f)(4), substituted “Surface Transportation Board” for “Interstate Commerce Commission” and “The Board” for “The Commission”.
Subsec. (d). Pub. L. 104–88, §308(f)(5), substituted “part A of subtitle IV” for “subchapter I of chapter 105”.
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 701 of this title.
§22108. Authorization of appropriations
(a)
(A) $25,000,000 for the fiscal year ending September 30, 1993.
(B) $30,000,000 for the fiscal year ending September 30, 1994.
(2) Amounts appropriated under paragraph (1) of this subsection remain available until expended.
(3) No amount may be appropriated under this subsection to the Secretary for any period after September 30, 1994, to carry out this chapter.
(b)
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 898; Pub. L. 103–429, §6(20), Oct. 31, 1994, 108 Stat. 4379; Pub. L. 104–287, §5(48), Oct. 11, 1996, 110 Stat. 3393.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 22108(a) | 49 App.:1654(q). | Oct. 15, 1966, Pub. L. 89–670, 80 Stat. 931, §5(h), (q); added Feb. 5, 1976, Pub. L. 94–210, §803, 90 Stat. 130; Nov. 8, 1978, Pub. L. 95–607, §§102–106(a), 107– 109(a), 92 Stat. 3059, 3062; Oct. 12, 1979, Pub. L. 96–86, §115(b), 93 Stat. 662; Aug. 13, 1981, Pub. L. 97–35, §§1191, 1192, 95 Stat. 699; Jan. 14, 1983, Pub. L. 97–468, §501, 96 Stat. 2551; Apr. 7, 1986, Pub. L. 99–272, §4018, 100 Stat. 111; restated Dec. 11, 1989, Pub. L. 101–213, §2(a), (c), 103 Stat. 1843, 1847, 1848; Sept. 3, 1992, Pub. L. 102–365, §14, 106 Stat. 980. |
| 22108(b) | 49 App.:1654(h). | |
| 22108(c) | (no source). |
In subsection (a), the words “to carry out this chapter” are substituted for “for the purposes of this section” and “under this section” for clarity. The reference to fiscal years 1991 and 1992 is omitted as obsolete.
Subsection (c) is added because section 2(b)(1) of the Local Rail Service Reauthorizing Act (Public Law 101–213, 103 Stat. 1843) provided that amounts available for fiscal year 1990 to carry out section 5(i) of the Department of Transportation Act that were not applied for or remained unobligated are available to the Secretary in carrying out projects under this chapter, as in effect on October 1, 1990.
Pub. L. 103–429
This amends 49:22108(a)(3) to clarify the restatement of 49 App.:1654(q) by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 898).
References in Text
Section 5(i) of the Department of Transportation Act, referred to in subsec. (c), is section 5(i) of Pub. L. 89–670, which was classified to section 1654(i) of former Title 49, Transportation, and was repealed and reenacted as section 22106(e) of Title 49, Transportation, by Pub. L. 103–272, §§1(e), 7(b), July 5, 1994, 108 Stat. 898, 1379.
Amendments
1996—Subsec. (b). Pub. L. 104–287 substituted “Committee on Transportation and Infrastructure” for “Committee on Energy and Commerce”.
1994—Subsec. (a)(3). Pub. L. 103–429 inserted “under this subsection” after “appropriated”.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which the 11th item on page 135 identifies a reporting provision which, as subsequently amended, is contained in subsec. (b) of this section), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance.
CHAPTER 223—CAPITAL GRANTS FOR CLASS II AND CLASS III RAILROADS
Amendments
2007—Pub. L. 110–140, title XI, §1112(a), Dec. 19, 2007, 121 Stat. 1758, substituted “CAPITAL GRANTS FOR CLASS II AND CLASS III RAILROADS” for “LIGHT DENSITY RAIL LINE PILOT PROJECTS” in chapter heading and “Capital grants for class II and class III railroads” for “Light density rail line pilot projects” in item 22301.
§22301. Capital grants for class II and class III railroads
(a)
(1)
(A)(i) rehabilitate, preserve, or improve railroad track (including roadbed, bridges, and related track structures) used primarily for freight transportation;
(ii) facilitate the continued or greater use of railroad transportation for freight shipments; and
(iii) reduce the use of less fuel efficient modes of transportation in the transportation of such shipments; and
(B) demonstrate innovative technologies and advanced research and development that increase fuel economy, reduce greenhouse gas emissions, and lower the costs of operation.
(2)
(A) directly to the class II or class III railroad; or
(B) with the concurrence of the class II or class III railroad, to a State or local government.
(3)
(4)
(b)
(c)
(d)
(e)
(1)
(2)
(f)
(g)
(Added Pub. L. 110–140, title XI, §1112(a), Dec. 19, 2007, 121 Stat. 1758.)
References in Text
The date of the enactment of this chapter, referred to in subsec. (d), probably means the date of enactment of Pub. L. 110–140, which amended this chapter generally and was approved Dec. 19, 2007.
The Railway Labor Act, referred to in subsec. (e)(2), is act May 20, 1926, ch. 347, 44 Stat. 577, which is classified principally to chapter 8 (§151 et seq.) of Title 45, Railroads. For complete classification of this Act to the Code, see section 151 of Title 45 and Tables.
Prior Provisions
A prior section 22301, added Pub. L. 105–178, title VII, §7202(a), June 9, 1998, 112 Stat. 470, related to grants for light density rail line pilot projects, prior to the general amendment of this chapter by Pub. L. 110–140.
Effective Date
Section effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as a note under section 1824 of Title 2, The Congress.
1 So in original. The word “the” probably should not appear.
PART C—PASSENGER TRANSPORTATION
CHAPTER 241—GENERAL
§24101. Findings, purpose, and goals
(a)
(2) Rail passenger transportation can help alleviate overcrowding of airways and airports and on highways.
(3) A traveler in the United States should have the greatest possible choice of transportation most convenient to the needs of the traveler.
(4) A greater degree of cooperation is necessary among Amtrak, other rail carriers, State, regional, and local governments, the private sector, labor organizations, and suppliers of services and equipment to Amtrak to achieve a performance level sufficient to justify expending public money.
(5) Modern and efficient commuter rail passenger transportation is important to the viability and well-being of major urban areas and to the energy conservation and self-sufficiency goals of the United States.
(6) As a rail passenger transportation entity, Amtrak should be available to operate commuter rail passenger transportation through its subsidiary, Amtrak Commuter, under contract with commuter authorities that do not provide the transportation themselves as part of the governmental function of the State.
(7) The Northeast Corridor is a valuable resource of the United States used by intercity and commuter rail passenger transportation and freight transportation.
(8) Greater coordination between intercity and commuter rail passenger transportation is required.
(b)
(c)
(1) use its best business judgment in acting to minimize United States Government subsidies, including—
(A) increasing fares;
(B) increasing revenue from the transportation of mail and express;
(C) reducing losses on food service;
(D) improving its contracts with operating rail carriers;
(E) reducing management costs; and
(F) increasing employee productivity;
(2) minimize Government subsidies by encouraging State, regional, and local governments and the private sector, separately or in combination, to share the cost of providing rail passenger transportation, including the cost of operating facilities;
(3) carry out strategies to achieve immediately maximum productivity and efficiency consistent with safe and efficient transportation;
(4) operate Amtrak trains, to the maximum extent feasible, to all station stops within 15 minutes of the time established in public timetables;
(5) develop transportation on rail corridors subsidized by States and private parties;
(6) implement schedules based on a systemwide average speed of at least 60 miles an hour that can be achieved with a degree of reliability and passenger comfort;
(7) encourage rail carriers to assist in improving intercity rail passenger transportation;
(8) improve generally the performance of Amtrak through comprehensive and systematic operational programs and employee incentives;
(9) carry out policies that ensure equitable access to the Northeast Corridor by intercity and commuter rail passenger transportation;
(10) coordinate the uses of the Northeast Corridor, particularly intercity and commuter rail passenger transportation; and
(11) maximize the use of its resources, including the most cost-effective use of employees, facilities, and real property.
(d)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 899; Pub. L. 105–134, title I, §105(b), title II, §201, Dec. 2, 1997, 111 Stat. 2573, 2578.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 24101(a) | 45:501. | Oct. 30, 1970, Pub. L. 91–518, §101, 84 Stat. 1328; Sept. 29, 1979, Pub. L. 96–73, §102, 93 Stat. 537; restated Aug. 13, 1981, Pub. L. 97–35, §1171, 95 Stat. 687. |
| 24101(b) | 45:541 (2d sentence words after 1st comma). | Oct. 30, 1970, Pub. L. 91–518, §301 (2d sentence words after 1st comma), 84 Stat. 1330; Aug. 13, 1981, Pub. L. 97–35, §1188(a), 95 Stat. 699. |
| 24101(c) | 45:501a (less (14) (last sentence)). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §102; added Sept. 29, 1979, Pub. L. 96–73, §103(a), 93 Stat. 537; Aug. 13, 1981, Pub. L. 97–35, §1172, 95 Stat. 688. |
| 24101(d) | 45:501a(14) (last sentence). |
In this part, the word “Amtrak” is substituted for “National Railroad Passenger Corporation”, and the words “Amtrak Commuter” are substituted for “Amtrak Commuter Services Corporation”, to reflect the more current and commonly used names of the entities. The words “rail transportation” are substituted for “rail service” and “rail services”, the word “transportation” is substituted for “service” where appropriate, and the word “authority” is substituted for “agency”, as being more appropriate and for consistency in the revised title and with other titles of the United States Code. The words “rail carrier” are substituted for “railroad” because of the definitions of “rail carrier” and “railroad” in 49:10102.
In subsection (a), the words “The Congress finds that the” and “The Congress further finds that” are omitted as surplus.
In subsection (a)(3), the words “greatest possible choice of” are substituted for “to the maximum extent feasible . . . the freedom to choose the mode of” to eliminate unnecessary words.
In subsection (c), before clause (1), the words “Amtrak shall” are substituted for “The Congress hereby establishes the following goals for Amtrak” to eliminate unnecessary words. The text of 45:501a(3) and (4) is omitted as executed. The text of 45:501a(9) is omitted as obsolete because there no longer are any technical assistance panels. In clause (2), the words “stations and other” are omitted as surplus. In clause (4), the words “for such operation” are omitted as surplus. In clause (10), the word “various” is omitted as surplus. In clause (11), the words “real property” are substituted for “real estate” for consistency in the revised title and with other titles of the Code.
References in Text
The Amtrak Reform and Accountability Act of 1997, referred to in subsec. (d), is Pub. L. 105–134, Dec. 2, 1997, 111 Stat. 2570. For complete classification of this Act to the Code, see Short Title of 1997 Amendment note set out under section 20101 of this title and Tables.
Amendments
1997—Subsec. (c)(2). Pub. L. 105–134, §105(b), inserted “, separately or in combination,” after “and the private sector”.
Subsec. (d). Pub. L. 105–134, §201, inserted at end “Amtrak shall prepare a financial plan to operate within the funding levels authorized by section 24104 of this chapter, including budgetary goals for fiscal years 1998 through 2002. Commencing no later than the fiscal year following the fifth anniversary of the Amtrak Reform and Accountability Act of 1997, Amtrak shall operate without Federal operating grant funds appropriated for its benefit.”
Amtrak Findings
Pub. L. 105–134, §2, Dec. 2, 1997, 111 Stat. 2571, provided that: “The Congress finds that—
“(1) intercity rail passenger service is an essential component of a national intermodal passenger transportation system;
“(2) Amtrak is facing a financial crisis, with growing and substantial debt obligations severely limiting its ability to cover operating costs and jeopardizing its long-term viability;
“(3) immediate action is required to improve Amtrak's financial condition if Amtrak is to survive;
“(4) all of Amtrak's stakeholders, including labor, management, and the Federal Government, must participate in efforts to reduce Amtrak's costs and increase its revenues;
“(5) additional flexibility is needed to allow Amtrak to operate in a businesslike manner in order to manage costs and maximize revenues;
“(6) Amtrak should ensure that new management flexibility produces cost savings without compromising safety;
“(7) Amtrak's management should be held accountable to ensure that all investment by the Federal Government and State governments is used effectively to improve the quality of service and the long-term financial health of Amtrak;
“(8) Amtrak and its employees should proceed quickly with proposals to modify collective bargaining agreements to make more efficient use of manpower and to realize cost savings which are necessary to reduce Federal financial assistance;
“(9) Amtrak and intercity bus service providers should work cooperatively and develop coordinated intermodal relationships promoting seamless transportation services which enhance travel options and increase operating efficiencies;
“(10) Amtrak's Strategic Business Plan calls for the establishment of a dedicated source of capital funding for Amtrak in order to ensure that Amtrak will be able to fulfill the goals of maintaining—
“(A) a national passenger rail system; and
“(B) that system without Federal operating assistance; and
“(11) Federal financial assistance to cover operating losses incurred by Amtrak should be eliminated by the year 2002.”
Fair Competitive Bidding for State-Supported Intercity Rail Service
Pub. L. 108–447, div. H, title I, §150, Dec. 8, 2004, 118 Stat. 3221, which provided that for the purpose of assisting State-supported intercity rail service, in order to demonstrate whether competition would provide higher quality rail passenger service at reasonable prices, the Secretary of Transportation, working with affected States, was to develop and implement a procedure for fair competitive bidding by Amtrak and non-Amtrak operators for State-supported routes, was from the Consolidated Appropriations Act, 2005, and was not repeated in subsequent appropriation acts.
Similar provisions were contained in the following prior appropriation act:
Pub. L. 108–199, div. F, title I, §151, Jan. 23, 2004, 118 Stat. 303.
Fiscal Accountability
Pub. L. 105–134, title II, §§202–205, Dec. 2, 1997, 111 Stat. 2578–2582, as amended by Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814, provided that:
“SEC. 202. INDEPENDENT ASSESSMENT.
“(a)
“(b)
“(c)
“(1) cost allocation process and procedures;
“(2) expenses related to intercity rail passenger service, commuter service, and any other service Amtrak provides;
“(3) Strategic Business Plan, including Amtrak's projected expenses, capital needs, ridership, and revenue forecasts; and
“(4) assets and liabilities.
For purposes of paragraph (3), in the capital needs part of its Strategic Business Plan Amtrak shall distinguish between that portion of the capital required for the Northeast Corridor and that required outside the Northeast Corridor, and shall include rolling stock requirements, including capital leases, ‘state of good repair’ requirements, and infrastructure improvements.
“(d)
“(1)
“(2)
“(e)
“SEC. 203. AMTRAK REFORM COUNCIL.
“(a)
“(b)
“(1)
“(A) The Secretary of Transportation.
“(B) Two individuals appointed by the President, of which—
“(i) one shall be a representative of a rail labor organization; and
“(ii) one shall be a representative of rail management.
“(C) Three individuals appointed by the Majority Leader of the United States Senate.
“(D) One individual appointed by the Minority Leader of the United States Senate.
“(E) Three individuals appointed by the Speaker of the United States House of Representatives.
“(F) One individual appointed by the Minority Leader of the United States House of Representatives.
“(2)
“(A)
“(B)
“(i) may not be employees of the United States;
“(ii) may not be board members or employees of Amtrak;
“(iii) may not be representatives of rail labor organizations or rail management; and
“(iv) shall have technical qualifications, professional standing, and demonstrated expertise in the field of corporate management, finance, rail or other transportation operations, labor, economics, or the law, or other areas of expertise relevant to the Council.
“(3)
“(4)
“(A) the date on which all members of the Council have been appointed under paragraph (2)(A); or
“(B) 45 days after the date of enactment of this Act.
“(5)
“(c)
“(d)
“(e)
“(f)
“(g)
“(1)
“(A) evaluate Amtrak's performance; and
“(B) make recommendations to Amtrak for achieving further cost containment and productivity improvements, and financial reforms.
“(2)
“(A) Amtrak's operation as a national passenger rail system which provides access to all regions of the country and ties together existing and emerging rail passenger corridors;
“(B) appropriate methods for adoption of uniform cost and accounting procedures throughout the Amtrak system, based on generally accepted accounting principles; and
“(C) management efficiencies and revenue enhancements, including savings achieved through labor and contracting negotiations.
“(3)
“(A) the savings realized as a result of the agreement; and
“(B) how the savings are allocated.
“(h)
“(1) Amtrak's progress on the resolution of productivity issues; or
“(2) the status of those productivity issues,
and makes recommendations for improvements and for any changes in law it believes to be necessary or appropriate.
“(i)
“SEC. 204. SUNSET TRIGGER.
“(a)
“(1) Amtrak's business performance will prevent it from meeting the financial goals set forth in section 24104(d) [24101(d)] of title 49, United States Code, as amended by section 201 of this Act; or
“(2) Amtrak will require operating grant funds after the fifth anniversary of the date of enactment of this Act,
then the Council shall immediately notify the President, the Committee on Commerce, Science, and Transportation of the United States Senate, and the Committee on Transportation and Infrastructure of the United States House of Representatives.
“(b)
“(1) Amtrak's performance;
“(2) the findings of the independent assessment conducted under section 202;
“(3) the level of Federal funds made available for carrying out the financial plan referred to in section 24104(d) [24101(d)] of title 49, United States Code, as amended by section 201 of this Act; and
“(4) Acts of God, national emergencies, and other events beyond the reasonable control of Amtrak.
“(c)
“(1) it shall develop and submit to the Congress an action plan for a restructured and rationalized national intercity rail passenger system; and
“(2) Amtrak shall develop and submit to the Congress an action plan for the complete liquidation of Amtrak, after having the plan reviewed by the Inspector General of the Department of Transportation and the Government Accountability Office for accuracy and reasonableness.
“SEC. 205. SENATE PROCEDURE FOR CONSIDERATION OF RESTRUCTURING AND LIQUIDATION PLANS.
“(a)
“(b)
“(1)
“(2)
“(3)
“(4)
“(5)
“(6)
“(A) After no more than 20 hours of consideration of a liquidation disapproval resolution, the Senate shall proceed, without intervening action or debate (except as permitted under paragraph (9)), to vote on the final disposition thereof to the exclusion of all amendments not then pending and to the exclusion of all motions, except a motion to reconsider or table.
“(B) The time for debate on the liquidation disapproval resolution shall be equally divided between the Majority Leader and the Minority Leader or their designees.
“(7)
“(8)
“(9)
“(10)
“(c)
“(1)
“(2)
“(d)
“(1)
“(2)
“(e)
“(1) as an exercise of the rulemaking power of the Senate, and as such they are deemed a part of the rules of the Senate, but applicable only with respect to the procedure to be followed in the Senate in the case of a liquidation disapproval resolution; and they supersede other rules only to the extent that they are inconsistent therewith; and
“(2) with full recognition of the constitutional right of the Senate to change the rules (so far as relating to the procedure of the Senate) at any time, in the same manner and to the same extent as in the case of any other rule of the Senate.”
Interstate Rail Compacts
Pub. L. 105–134, title IV, §410, Dec. 2, 1997, 111 Stat. 2587, provided that:
“(a)
“(1) retaining an existing service or commencing a new service;
“(2) assembling rights-of-way; and
“(3) performing capital improvements, including—
“(A) the construction and rehabilitation of maintenance facilities;
“(B) the purchase of locomotives; and
“(C) operational improvements, including communications, signals, and other systems.
“(b)
“(1) accept contributions from a unit of State or local government or a person;
“(2) use any Federal or State funds made available for intercity passenger rail service (except funds made available for Amtrak);
“(3) on such terms and conditions as the States consider advisable—
“(A) borrow money on a short-term basis and issue notes for the borrowing; and
“(B) issue bonds; and
“(4) obtain financing by other means permitted under Federal or State law.”
§24102. Definitions
In this part—
(1) “auto-ferry transportation” means intercity rail passenger transportation—
(A) of automobiles or recreational vehicles and their occupants; and
(B) when space is available, of used unoccupied vehicles.
(2) “basic system” means the system of intercity rail passenger transportation designated by the Secretary of Transportation under section 4 of the Amtrak Improvement Act of 1978 and approved by Congress, and transportation required to be provided under section 24705(a) 1 of this title and section 4(g) of the Act, including changes in the system or transportation that Amtrak makes using the route and service criteria.
(3) “commuter authority” means a State, local, or regional entity established to provide, or make a contract providing for, commuter rail passenger transportation.
(4) “commuter rail passenger transportation” means short-haul rail passenger transportation in metropolitan and suburban areas usually having reduced fare, multiple-ride, and commuter tickets and morning and evening peak period operations.
(5) “intercity rail passenger transportation” means rail passenger transportation, except commuter rail passenger transportation.
(6) “Northeast Corridor” means Connecticut, Delaware, the District of Columbia, Maryland, Massachusetts, New Jersey, New York, Pennsylvania, and Rhode Island.
(7) “rail carrier” means a person, including a unit of State or local government, providing rail transportation for compensation.
(8) “rate” means a rate, fare, or charge for rail transportation.
(9) “regional transportation authority” means an entity established to provide passenger transportation in a region.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 900; Pub. L. 105–134, title IV, §407, Dec. 2, 1997, 111 Stat. 2586.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 24102(1) | 45:502(1). | Oct. 30, 1970, Pub. L. 91–518, §103(1), 84 Stat. 1328; restated Sept. 29, 1979, Pub. L. 96–73, §§ 103(a), 104, 93 Stat. 537, 538. |
| 45:502(2). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §103(2); added Aug. 13, 1981, Pub. L. 97–35, §1173(2), 95 Stat. 689. | |
| 45:502(3). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §103(3); added Nov. 3, 1973, Pub. L. 93–146, §2(2), 87 Stat. 548; restated Sept. 29, 1979, Pub. L. 96–73, §§ 103(a), 104, 93 Stat. 537, 538; Aug. 13, 1981, Pub. L. 97–35, §1173(1), 95 Stat. 689; Apr. 7, 1986, Pub. L. 99–272, §4012, 100 Stat. 109. | |
| 45:502(6), (7), (10), (12), (14), (18). | Oct. 30, 1970, Pub. L. 91–518, §103(4)–(7), (10), (12), (14)–(18), 84 Stat. 1328; restated Sept. 29, 1979, Pub. L. 96–73, §§ 103(a), 104, 93 Stat. 537, 538, 539; Aug. 13, 1981, Pub. L. 97–35, §1173(1), 95 Stat. 689; Oct. 27, 1992, Pub. L. 102–533, §8(1), 106 Stat. 3519. | |
| 24102(2) | 45:502(4). | |
| 24102(3) | 45:502(5). | |
| 24102(4) | 45:502(8). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §103(8), (9); added Aug. 13, 1981, Pub. L. 97–35, §1173(3), 95 Stat. 689. |
| 24102(5) | 45:502(9). | |
| 24102(6) | 45:502(11). | Oct. 30, 1970, Pub. L. 91–518, §103(11), 84 Stat. 1328; Nov. 3, 1973, Pub. L. 93–146, §2(1), 87 Stat. 548; restated Sept. 29, 1979, Pub. L. 96–73, §§ 103(a), 104, 93 Stat. 537, 539; Aug. 13, 1981, Pub. L. 97–35, §1173(1), (4), 95 Stat. 689. |
| 24102(7) | 45:502(13). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §103(13); added Oct. 27, 1992, Pub. L. 102–533, §8(2), 106 Stat. 3519. |
| 45:851(c). | Feb. 5, 1976, Pub. L. 94–210, §701(c), 90 Stat. 120. | |
| 24102(8) | 45:502(14). | |
| 24102(9) | (no source). | |
| 24102(10) | 45:502(15). | |
| 24102(11) | 45:502(16). |
In clause (1), before subclause (A), the text of 45:502(1), (2), and (10) is omitted as surplus. The text of 45:502(6), (7), (12), (14), and (18) is omitted because the complete names of the Performance Evaluation Center, Interstate Commerce Commission, Railroad Safety System Program, Technical Assistance Panel, and Secretary of Transportation are used the first time the terms appear in a section. The words “characterized by transportation” are omitted as surplus.
In clause (3), the text of 45:502(5)(A) and the words “on and after October 1, 1979” are omitted as obsolete. Reference to 45:564(e) is omitted as obsolete because 45:564(e) was repealed by section 1183(d) of the Omnibus Budget Reconciliation Act of 1981 (Public Law 97–35, 95 Stat. 697).
In clauses (4) and (10), the words “authority, corporation, or other” are omitted as surplus.
In clause (4), the words “and includes the Metropolitan Transportation Authority, the Connecticut Department of Transportation, the Maryland Department of Transportation the Southeastern Pennsylvania Transportation Authority, the New Jersey Transit Corporation, the Massachusetts Bay Transportation Authority, the Port Authority Trans-Hudson Corporation, any successor agencies, and any entity created by one or more such agencies for the purpose of operating” are omitted as surplus.
In clause (5), the words “whether within or across the geographical boundaries of a State” are omitted as surplus.
Clause (9) is added to eliminate repetition of the words “fares or charges” throughout this part.
References in Text
Section 4 of the Amtrak Improvement Act of 1978, referred to in par. (2), is section 4 of Pub. L. 95–421, which was set out as a note under section 521 of Title 45, Railroads, prior to repeal by Pub. L. 103–272, §7(b), July 5, 1994, 108 Stat. 1379.
Section 24705 of this title, referred to in par. (2), was repealed by Pub. L. 105–134, title I, §104, Dec. 2, 1997, 111 Stat. 2573.
Amendments
1997—Pars. (2) to (6). Pub. L. 105–134, §407(1), (2), redesignated pars. (3) to (7) as (2) to (6), respectively, and struck out former par. (2) which read as follows: “ ‘avoidable loss’ means the avoidable costs of providing rail passenger transportation, less revenue attributable to the transportation, as determined by the Interstate Commerce Commission under section 553 of title 5.”
Par. (7). Pub. L. 105–134, §407(2), (3), redesignated par. (8) as (7) and inserted “, including a unit of State or local government,” after “means a person”. Former par. (7) redesignated (6).
Pars. (8) to (10). Pub. L. 105–134, §407(2), redesignated pars. (8) to (10) as (7) to (9), respectively.
Par. (11). Pub. L. 105–134, §407(1), struck out par. (11) which read as follows: “ ‘route and service criteria’ means the criteria and procedures for making route and service decisions established under section 404(c)(1)–(3)(A) of the Rail Passenger Service Act.”
1 See References in Text note below.
§24103. Enforcement
(a)
(A) engages in or adheres to an action, practice, or policy inconsistent with this part;
(B) obstructs or interferes with an activity authorized under this part;
(C) refuses, fails, or neglects to discharge its duties and responsibilities under this part; or
(D) threatens—
(i) to engage in or adhere to an action, practice, or policy inconsistent with this part;
(ii) to obstruct or interfere with an activity authorized by this part; or
(iii) to refuse, fail, or neglect to discharge its duties and responsibilities under this part.
(2) An employee affected by any conduct or threat referred to in paragraph (1) of this subsection, or an authorized employee representative, may bring the civil action if the conduct or threat involves a labor agreement.
(b)
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 901.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 24103(a) | 45:547(a) (1st sentence less words between 13th–15th commas). | Oct. 30, 1970, Pub. L. 91–518, §307(a) (1st sentence), (b), 84 Stat. 1333. |
| 24103(b) | 45:547(a) (last sentence). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §307(a) (last sentence); added Aug. 13, 1981, Pub. L. 97–35, §1179, 95 Stat. 693. |
| 24103(c) | 45:547(a) (1st sentence words between 13th–15th commas), (b). |
In subsections (a) and (b), the words “may bring a civil action”, “may bring the civil action”, and “in a civil action brought by” are substituted for “upon petition of” and “on petition of” for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.).
In subsection (a)(1), before clause (A), the words “Except as provided in paragraph (2) of this subsection” are added for clarity. The word “only” is added for clarity. See National Railroad Passenger Corp. et al. v. National Association of Railroad Passengers, 414 U.S. 453 (1974). In clauses (A) and (D)(i), the words “the policies and purposes of” are omitted as surplus.
In subsection (a)(2), the word “duly” is omitted as surplus.
In subsection (b), the words “in any court” are omitted as surplus.
Subsection (c) is substituted for 45:547(a) (1st sentence words between 13th–15th commas) for consistency in the revised title and with other titles of the United States Code. The text of 45:547(b) is omitted as surplus.
§24104. Authorization of appropriations
(a)
(1) $1,138,000,000 for fiscal year 1998;
(2) $1,058,000,000 for fiscal year 1999;
(3) $1,023,000,000 for fiscal year 2000;
(4) $989,000,000 for fiscal year 2001; and
(5) $955,000,000 for fiscal year 2002,
for the benefit of Amtrak for capital expenditures under chapters 243, 247, and 249 of this title, operating expenses, and payments described in subsection (c)(1)(A) through (C). In fiscal years following the fifth anniversary of the enactment of the Amtrak Reform and Accountability Act of 1997 no funds authorized for Amtrak shall be used for operating expenses other than those prescribed for tax liabilities under section 3221 of the Internal Revenue Code of 1986 that are more than the amount needed for benefits of individuals who retire from Amtrak and for their beneficiaries.
(b)
(2)(A) Not more than the following amounts may be appropriated to the Secretary for the benefit of Amtrak for operating losses under section 24704 1 of this title for transportation beginning after September 30, 1992:
(i) $7,500,000 for the fiscal year ending September 30, 1993.
(ii) $9,500,000 for the fiscal year ending September 30, 1994.
(B) The expenditure by Amtrak of an amount appropriated under subparagraph (A) of this paragraph is deemed not to be an operating expense when calculating the revenue-to-operating expense ratio of Amtrak.
(c)
(A) tax liabilities under section 3221 of the Internal Revenue Code of 1986 (26 U.S.C. 3221) due in those fiscal years that are more than the amount needed for benefits for individuals who retire from Amtrak and for their beneficiaries;
(B) obligations of Amtrak under section 8(a) of the Railroad Unemployment Insurance Act (45 U.S.C. 358(a)) due in those fiscal years that are more than obligations of Amtrak calculated on an experience-related basis; and
(C) obligations of Amtrak due under section 3321 of the Code (26 U.S.C. 3321).
(2) Amounts appropriated under this subsection are not a United States Government subsidy of Amtrak.
(d)
(1) 50 percent on October 1.
(2) 25 percent on January 1.
(3) 25 percent on April 1.
(e)
(2) Amounts for capital acquisitions and improvements may be appropriated in a fiscal year before the fiscal year in which the amounts will be obligated.
(f)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 902; Pub. L. 105–134, title III, §301(a), Dec. 2, 1997, 111 Stat. 2585.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 24104(a) | 45:601(a). | Oct. 30, 1970, Pub. L. 91–518, §601, 84 Stat. 1338; June 22, 1972, Pub. L. 92–316, §9, 86 Stat. 231; Nov. 3, 1973, Pub. L. 93–146, §12, 87 Stat. 553; Oct. 28, 1974, Pub. L. 93–496, §8, 88 Stat. 1530; May 26, 1975, Pub. L. 94–25, §10, 89 Stat. 92; Oct. 19, 1976, Pub. L. 94–555, §102(a), (b), 90 Stat. 2613; Oct. 5, 1978, Pub. L. 95–421, §§2(a), (b)(1), 3, 92 Stat. 923; Sept. 29, 1979, Pub. L. 96–73, §122(a), (b)(1), 93 Stat. 550; May 30, 1980, Pub. L. 96–254, §§208, 211, 94 Stat. 414, 415; Aug. 13, 1981, Pub. L. 97–35, §§1138, 1139(a), 1185, 95 Stat. 652, 697; Jan. 14, 1983, Pub. L. 97–468, §302(c), 96 Stat. 2550; Apr. 7, 1986, Pub. L. 99–272, §4002, 100 Stat. 106; July 6, 1990, Pub. L. 101–322, §2, 104 Stat. 295; restated Oct. 27, 1992, Pub. L. 102–533, §7(a), 106 Stat. 3517. |
| 24104(b) | 45:601(b). | |
| 24104(c) | 45:601(c). | |
| 24104(d) | 45:601(d) (3d, last sentences), (e). | |
| 24104(e)(1) | 45:601(d) (2d sentence). | |
| 24104(e)(2) | 45:601(d) (1st sentence). | |
| 24104(f) | 45:854(b)(1) (related to 45:601). | Feb. 5, 1976, Pub. L. 94–210, §704(b)(1) (related to §601), 90 Stat. 123; Jan. 14, 1983, Pub. L. 97–468, §301(4)(A), 96 Stat. 2549. |
In subsection (a)(2), before clause (A), the words “In addition to amounts that may be appropriated under section 24909 of this title” are added for clarity.
In subsection (a)(3)(B) and (C), the words “or States” are omitted because of 1:1. Before each clause (i), the words “Except as provided in clause (ii)” are omitted as surplus.
In subsection (d), before clause (1), the words “by the Secretary” and “for expenditure by it” are omitted as surplus.
In subsection (e)(2), the words “Funds appropriated pursuant to this section shall be made available to the Secretary during the fiscal year for which appropriated” are omitted as surplus.
References in Text
The enactment of the Amtrak Reform and Accountability Act of 1997, referred to in subsec. (a), probably means the date of enactment of Pub. L. 105–134, which was approved Dec. 2, 1997.
Section 3221 of the Internal Revenue Code of 1986, referred to in subsec. (a), is classified to section 3221 of Title 26, Internal Revenue Code.
Section 24704 of this title, referred to in subsec. (b), was repealed by Pub. L. 105–134, title I, §105(a), Dec. 2, 1997, 111 Stat. 2573.
Amendments
1997—Subsec. (a). Pub. L. 105–134 amended heading and text of subsec. (a) generally. Prior to amendment, subsec. (a) related to capital acquisition and corridor development.
Limitation on Use of Tax Refund
Pub. L. 105–134, title II, §209, Dec. 2, 1997, 111 Stat. 2584, provided that:
“(a)
“(1) for any purpose other than making payments to non-Amtrak States (pursuant to section 977(c) of that Act), or the financing of qualified expenses (as that term is defined in section 977(e)(1) of that Act); or
“(2) to offset other amounts used for any purpose other than the financing of such expenses.
“(b)
Reform Board
Pub. L. 105–134, title IV, §411(b), Dec. 2, 1997, 111 Stat. 2589, provided that: “If the Reform Board has not assumed the responsibilities of the Board of Directors of Amtrak before July 1, 1998, all provisions authorizing appropriations under the amendments made by section 301(a) of this Act [amending this section] for a fiscal year after fiscal year 1998 shall cease to be effective. The preceding sentence shall have no effect on funds provided to Amtrak pursuant to section 977 of the Taxpayer Relief Act of 1997 [Pub. L. 105–34, 26 U.S.C. 172 note].”
1 See References in Text note below.
CHAPTER 243—AMTRAK
Amendments
1997—Pub. L. 105–134, title IV, §§403, 404, 415(a)(2), Dec. 2, 1997, 111 Stat. 2585, 2586, 2590, substituted “Employee stock ownership plans” for “Capitalization” in item 24304 and struck out item 24310 “Assistance for upgrading facilities” and item 24314 “Demonstration of new technology”.
1 Section catchline amended by Pub. L. 105–134 without corresponding amendment of chapter analysis.
§24301. Status and applicable laws
(a)
(1) is a railroad carrier under section 20102(2) and chapters 261 and 281 of this title;
(2) shall be operated and managed as a for-profit corporation; and
(3) is not a department, agency, or instrumentality of the United States Government, and shall not be subject to title 31.
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(A) “additional tax” means a tax or fee—
(i) on the acquisition, improvement, ownership, or operation of personal property by Amtrak; and
(ii) on real property, except a tax or fee on the acquisition of real property or on the value of real property not attributable to improvements made, or the operation of those improvements, by Amtrak.
(B) “Amtrak” includes a rail carrier subsidiary of Amtrak and a lessor or lessee of Amtrak or one of its rail carrier subsidiaries.
(2) Amtrak is not required to pay an additional tax because of an expenditure to acquire or improve real property, equipment, a facility, or right-of-way material or structures used in providing rail passenger transportation, even if that use is indirect.
(l)
(2) The district courts of the United States have original jurisdiction over a civil action Amtrak brings to enforce this subsection and may grant equitable or declaratory relief requested by Amtrak.
(m)
(A) the retrofit program shall be completed not later than October 15, 2001; and
(B) a car that does not provide for the discharge of human waste only at a servicing facility shall be removed from service after that date.
(2) Section 361 of the Public Health Service Act (42 U.S.C. 264) and other laws of the United States, States, and local governments do not apply to waste disposal from rail carrier vehicles operated in intercity rail passenger transportation. The district courts of the United States have original jurisdiction over a civil action Amtrak brings to enforce this paragraph and may grant equitable or declaratory relief requested by Amtrak.
(n)
(o)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 904; Pub. L. 104–88, title III, §308(g), Dec. 29, 1995, 109 Stat. 947; Pub. L. 105–134, title I, §§106(b), 110(a), title II, §208, title IV, §§401, 402, 415(d)(1), Dec. 2, 1997, 111 Stat. 2573, 2574, 2584, 2585, 2590; Pub. L. 108–199, div. F, title I, §150(2), Jan. 23, 2004, 118 Stat. 303; Pub. L. 110–53, title XV, §1527, Aug. 3, 2007, 121 Stat. 452.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 24301(a) | 45:541 (1st sentence). | Oct. 30, 1970, Pub. L. 91–518, §301 (1st, 4th, last sentences), 84 Stat. 1330. |
| 45:541 (2d sentence words before 1st comma). | Oct. 30, 1970, Pub. L. 91–518, §301 (2d sentence words before 1st comma), 84 Stat. 1330; Oct. 5, 1978, Pub. L. 95–421, §11, 92 Stat. 928. | |
| 45:541 (3d sentence). | Oct. 30, 1970, Pub. L. 91–518, §301 (3d sentence), 84 Stat. 1330; June 22, 1988, Pub. L. 100–342, §18(a), 102 Stat. 636. | |
| 45:541 (last sentence). | ||
| 45:546(a) (words after “The Corporation” and before “and shall be subject to”). | Oct. 30, 1970, Pub. L. 91–518, §306(a), 84 Stat. 1332; June 22, 1972, Pub. L. 92–316, §3(a), 86 Stat. 228; Sept. 29, 1979, Pub. L. 96–73, §112(a), 93 Stat. 541; Apr. 7, 1986, Pub. L. 99–272, §4015, 100 Stat. 110. | |
| 24301(b) | 45:546(m). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §306(m); added Sept. 29, 1979, Pub. L. 96–73, §112(c), 93 Stat. 541; Apr. 7, 1986, Pub. L. 99–272, §4013, 100 Stat. 109. |
| 24301(c)(1), (2)(A) | 45:546(a) (less words after “The Corporation” and before “and shall be subject to”). | |
| 24301(c) (2)(B) | 45:546a. | Oct. 5, 1978, Pub. L. 95–421, §7, 92 Stat. 927. |
| 24301(d) | 45:546(b). | Oct. 30, 1970, Pub. L. 91–518, §§305(a) (last sentence), 306(b)–(e), 84 Stat. 1332, 1333. |
| 24301(e) | 45:541 (4th sentence). | |
| 45:545(a) (last sentence). | ||
| 45:545(e)(8). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §305(e)(8); added Nov. 3, 1973, Pub. L. 93–146, §6, 87 Stat. 551. | |
| 45:546(g). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §306(g); added June 22, 1972, Pub. L. 92–316, §3(b), 86 Stat. 228. | |
| 24301(f) | 45:546(d). | |
| 24301(g) | 45:546(c). | |
| 24301(h) | 45:546(l). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §306(l); added Sept. 29, 1979, Pub. L. 96–73, §112(c), 93 Stat. 541. |
| 24301(i) | 45:797j (words “, the National Railroad Passenger Corporation,”). | Jan. 2, 1974, Pub. L. 93–236, 87 Stat. 985, §711 (words “, the National Railroad Passenger Corporation,”); added Aug. 13, 1981, Pub. L. 97–35, §1143(a), 95 Stat. 667. |
| 24301(j) | 45:546(e). | |
| 24301(k) | 45:546(n). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §306(n); added Aug. 13, 1981, Pub. L. 97–35, §1178, 95 Stat. 692; restated Oct. 27, 1992, Pub. L. 102–533, §6, 106 Stat. 3517. |
| 24301(l) | 45:546b. | Sept. 10, 1982, Pub. L. 97–257, §107 (par. under heading “Grants to the National Railroad Passenger Corporation”), 96 Stat. 852. |
| 24301(m) | 45:546(i). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §306(i); added Feb. 5, 1976, Pub. L. 94–210, §706(e), 90 Stat. 124; Oct. 19, 1976, Pub. L. 94–555, §105, 90 Stat. 2615; May 30, 1980, Pub. L. 96–254, §206(a), 94 Stat. 412; Nov. 16, 1990, Pub. L. 101–610, §601(a), 104 Stat. 3185. |
| 24301(n) | 45:546(f). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §306(f); added June 22, 1972, Pub. L. 92–316, §3(b), 86 Stat. 228; Apr. 7, 1986, Pub. L. 99–272, §4004, 100 Stat. 107. |
In subsection (a), before clause (1), the text of 45:541 (1st sentence) is omitted as executed. The text of 45:541 (last sentence) is omitted as surplus. In clause (1), the words “rail carrier” are substituted for “common carrier by railroad” because of 49:10102. In clause (3), the words “department, agency, or instrumentality” are substituted for “agency, instrumentality, authority, or entity, or establishment” for consistency in the revised title and with other titles of the United States Code. The word “instrumentality” includes entities, authorities, establishments, and any other organizational unit of the United States Government that is not a department or agency.
In subsection (b), the words “In connection with the performance of such activities” and “to which the Corporation is a party” are omitted as surplus.
In subsection (c)(1)(B), the words “whether by trackage rights or otherwise” are omitted as surplus.
In subsection (c)(2)(B), the words “adversely affected” are substituted for “aggrieved” for consistency in the revised title and with other titles of the Code.
In subsection (d), the word “same” is omitted as surplus.
In subsection (e), the text of 45:545(a) (last sentence) and (e)(8) is omitted as surplus.
In subsection (f), the words “the place” are omitted as surplus.
In subsection (h), the word “applicable” is omitted as surplus.
In subsection (j), the words “existing”, “including the antitrust laws of the United States”, and “contracts . . . leases” are omitted as surplus.
In subsection (k)(2), the words “of funds” are omitted as surplus.
In subsection (l)(1), the words “Notwithstanding any other provision of law”, “other”, “including such taxes and fees levied after September 30, 1982”, and “notwithstanding any provision of law” are omitted as surplus. The text of 45:546b (2d sentence) is omitted as executed.
In subsection (l)(2), the words “Notwithstanding the provision of section 1341 of title 28” are omitted as surplus.
In subsection (m)(1), before clause (A), the word “New” is omitted as surplus.
In subsection (m)(2), the word “vehicles” is substituted for “conveyances” for clarity.
In subsection (n), the words “uniformed services” are substituted for “Armed Forces or commissioned services” for consistency in the revised title and with other titles of the Code.
References in Text
The Railroad Retirement Act of 1974, referred to in subsec. (c), is act Aug. 29, 1935, ch. 812, as amended generally by Pub. L. 93–445, title I, §101, Oct. 16, 1974, 88 Stat. 1305, which is classified generally to subchapter IV (§231 et seq.) of chapter 9 of Title 45, Railroads. For further details and complete classification of this Act to the Code, see Codification note set out preceding section 231 of Title 45, section 231t of Title 45, and Tables.
The Railroad Unemployment Insurance Act, referred to in subsec. (c), is act June 25, 1938, ch. 680, 52 Stat. 1094, as amended, which is classified principally to chapter 11 (§351 et seq.) of Title 45, Railroads. For complete classification of this Act to the Code, see section 367 of Title 45 and Tables.
The Railroad Retirement Tax Act, referred to in subsec. (c), is act Aug. 16, 1954, ch. 736, §§3201, 3202, 3211, 3212, 3221, and 3231 to 3233, 68A Stat. 431, as amended, which is classified generally to chapter 22 (§3201 et seq.) of Title 26, Internal Revenue Code. For complete classification of this Act to the Code, see section 3233 of Title 26 and Tables.
The District of Columbia Business Corporation Act, referred to in subsec. (e), is act June 8, 1954, ch. 269, 68 Stat. 179, as amended, which is not classified to the Code.
The date of the enactment of this subsection, referred to in subsec. (o), is the date of enactment of Pub. L. 110–53, which was approved Aug. 3, 2007.
Amendments
2007—Subsec. (o). Pub. L. 110–53 added subsec. (o).
2004—Subsec. (c). Pub. L. 108–199 inserted “11123,” after “except for sections”.
1997—Subsec. (a)(1). Pub. L. 105–134, §401(1), substituted “railroad carrier under section 20102(2) and chapters 261 and 281” for “rail carrier under section 10102”.
Subsec. (a)(3). Pub. L. 105–134, §415(d)(1), inserted “, and shall not be subject to title 31” after “United States Government”.
Subsec. (c). Pub. L. 105–134, §401(2), reenacted heading without change and amended text generally. Prior to amendment, text read as follows:
“(1) Part A of subtitle IV of this title applies to Amtrak, except for provisions related to the—
“(A) regulation of rates;
“(B) abandonment or extension of rail lines used only for passenger transportation and the abandonment or extension of operations over those lines;
“(C) regulation of routes and service;
“(D) discontinuance or change of rail passenger transportation operations; and
“(E) issuance of securities or the assumption of an obligation or liability related to the securities of others.
“(2) Notwithstanding this subsection—
“(A) section 10721 of this title applies to Amtrak; and
“(B) on application of an adversely affected motor carrier, the Surface Transportation Board under part A of subtitle IV of this title may hear a complaint about an unfair or predatory rate or marketing practice of Amtrak for a route or service operating at a loss.”
Subsec. (e). Pub. L. 105–134, §110(a), inserted at end “Section 552 of title 5, United States Code, applies to Amtrak for any fiscal year in which Amtrak receives a Federal subsidy.”
Subsec. (f). Pub. L. 105–134, §106(b), amended heading and text of subsec. (f) generally. Prior to amendment, text read as follows: “The laws of the District of Columbia govern leases and contracts of Amtrak, regardless of where they are executed.”
Subsec. (l)(1). Pub. L. 105–134, §208, inserted heading and substituted in text “Amtrak, a rail carrier subsidiary of Amtrak, and any passenger or other customer of Amtrak or such subsidiary, are” for “Amtrak or a rail carrier subsidiary of Amtrak is”, “tax, fee, head charge, or other charge, imposed or levied by a State, political subdivision, or local taxing authority on Amtrak, a rail carrier subsidiary of Amtrak, or on persons traveling in intercity rail passenger transportation or on mail or express transportation provided by Amtrak or such a subsidiary, or on the carriage of such persons, mail, or express, or on the sale of any such transportation, or on the gross receipts derived therefrom” for “tax or fee imposed by a State, a political subdivision of a State, or a local taxing authority and levied on it”, and “In the case of a tax or fee that Amtrak was required to pay as of September 10, 1982, Amtrak is not exempt from such tax or fee if it was assessed before April 1, 1997.” for “However, Amtrak is not exempt under this subsection from a tax or fee that it was required to pay as of September 10, 1982.”
Subsec. (m)(1)(A). Pub. L. 105–134, §402, substituted “2001” for “1996”.
1995—Subsec. (c)(1). Pub. L. 104–88, §308(g)(1)(A), substituted “Part A of subtitle IV” for “Subtitle IV”.
Subsec. (c)(2)(A). Pub. L. 104–88, §308(g)(1)(B), substituted “section 10721 of this title applies” for “sections 10721–10724 of this title apply”.
Subsec. (c)(2)(B). Pub. L. 104–88, §308(g)(1)(C), substituted “Transportation Board under part A of subtitle IV” for “Interstate Commerce Commission under any provision of subtitle IV of this title applicable to a carrier subject to subchapter I of chapter 105”.
Subsec. (d). Pub. L. 104–88, §308(g)(2), substituted “rail carrier subject to part A of subtitle IV” for “common carrier subject to subchapter I of chapter 105”.
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 701 of this title.
Regulations
Pub. L. 101–610, title VI, §601(d), (e), Nov. 16, 1990, 104 Stat. 3186, provided that:
“(d) Not later than 1 year after the date of enactment of this Act [Nov. 16, 1990], the Secretary of Transportation, after appropriate notice and comment, and in consultation with the National Railroad Passenger Corporation, the Administrator of the Environmental Protection Agency, the Surgeon General, and State and local officials shall promulgate such regulations as may be necessary to mitigate the impact of the discharge of human waste from railroad passenger cars on areas that may be considered environmentally sensitive.
“(e) Not later than 1 year after the date of enactment of this Act [Nov. 16, 1990], the Secretary of Transportation shall promulgate regulations directing the National Railroad Passenger Corporation to, where appropriate, publish printed information, and make public address announcements, explaining its existing disposal technology and the retrofit and new equipment program, and encouraging passengers using existing equipment not to dispose of wastes in stations, railroad yards, or while the train is moving through environmentally sensitive areas.”
Passenger Choice
Pub. L. 105–134, title I, §109, Dec. 2, 1997, 111 Stat. 2574, provided that: “Federal employees are authorized to travel on Amtrak for official business where total travel cost from office to office is competitive on a total trip or time basis.”
Application of Federal Property and Administrative Services Act
Pub. L. 105–134, title I, §110(b), Dec. 2, 1997, 111 Stat. 2574, provided that: “Section 303B(m) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253b(m)) applies to a proposal in the possession or control of Amtrak.”
Exemption From Laws Relating to Abandoned or Unclaimed Property
Pub. L. 104–205, title III, §347, Sept. 30, 1996, 110 Stat. 2976, provided that: “Hereinafter, the National Railroad Passenger Corporation (Amtrak) shall be exempted from any State or local law relating to the payment or delivery of abandoned or unclaimed personal property to any government authority, including any provision for the enforcement thereof, with respect to passenger rail tickets for which no refund has been or may be claimed, and such law shall not apply to funds held by Amtrak as a result of the purchase of tickets after April 30, 1972 for which no refund has been claimed.”
§24302. Board of Directors
(a)
(1)
(2)
(ii) Notwithstanding clause (i), if the Secretary of Transportation is appointed to the Reform Board, such appointment shall not be subject to the advice and consent of the Senate. If appointed, the Secretary may be represented at Board meetings by his designee.
(B) In selecting the individuals described in subparagraph (A) for nominations for appointments to the Reform Board, the President should consult with the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, the Majority Leader of the Senate, and the Minority Leader of the Senate.
(C) Appointments under subparagraph (A) shall be made from among individuals who—
(i) have technical qualifications, professional standing, and demonstrated expertise in the fields of transportation or corporate or financial management;
(ii) are not representatives of rail labor or rail management; and
(iii) in the case of 6 of the 7 individuals selected, are not employees of Amtrak or of the United States.
(D) The President of Amtrak shall serve as an ex officio, nonvoting member of the Reform Board.
(3)
(A) This paragraph is enacted by the Congress—
(i) as an exercise of the rulemaking power of the Senate, and as such it is deemed a part of the rules of the Senate, but applicable only with respect to the procedure to be followed in the Senate in the case of a motion to discharge; and it supersedes other rules only to the extent that it is inconsistent therewith; and
(ii) with full recognition of the constitutional right of the Senate to change the rules (so far as relating to the procedure of the Senate) at any time, in the same manner and to the same extent as in the case of any other rule of the Senate.
(B) If, by the first day of June on which the Senate is in session after a nomination is submitted to the Senate under this section, the committee to which the nomination was referred has not reported the nomination, then it shall be discharged from further consideration of the nomination and the nomination shall be placed on the Executive Calendar.
(C) It shall be in order at any time thereafter to move to proceed to the consideration of the nomination without any intervening action or debate.
(D) After no more than 10 hours of debate on the nomination, which shall be evenly divided between, and controlled by, the Majority Leader and the Minority Leader, the Senate shall proceed without intervening action to vote on the nomination.
(b)
(1) if Amtrak has, during the then current fiscal year, received Federal assistance, in accordance with the procedures set forth in subsection (a)(2); or
(2) if Amtrak has not, during the then current fiscal year, received Federal assistance, pursuant to bylaws adopted by the Reform Board (which shall provide for employee representation), and the Reform Board shall be dissolved.
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 906; Pub. L. 105–134, title IV, §411(a), Dec. 2, 1997, 111 Stat. 2588.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 24302(a)(1) | 45:543(a)(1) (words before (A)), (A) (1st sentence), (B)–(E) (words before comma). | Oct. 30, 1970, Pub. L. 91–518, §303(a), 84 Stat. 1330; restated Nov. 3, 1973, Pub. L. 93–146, §3(a), 87 Stat. 548; Feb. 5, 1976, Pub. L. 94–210, §706(f), 90 Stat. 124; Oct. 19, 1976, Pub. L. 94–555, §103, 90 Stat. 2615; May 30, 1980, Pub. L. 96–254, §206(a), 94 Stat. 412; Aug. 13, 1981, Pub. L. 97–35, §1174(a), 95 Stat. 689; June 22, 1988, Pub. L. 100–342, §18(b), 102 Stat. 636. |
| 24302(a)(2) | 45:543(a)(2)(A) (1st sentence words before comma, last sentence). | |
| 24302(a)(3) | 45:543(a)(2)(B). | |
| 24302(a)(4) | 45:543(a)(1)(E) (words after comma). | |
| 24302(a)(5) | 45:543(a)(4). | |
| 24302(a)(6) | 45:543(a)(1)(A) (last sentence). | |
| 24302(b) | 45:543(a)(7). | |
| 45:543(c). | Oct. 30, 1970, Pub. L. 91–518, §303(b), (c), 84 Stat. 1331. | |
| 24302(c) | 45:543(a)(6). | |
| 24302(d) | 45:543(a)(5). | |
| 24302(e) | 45:543(a)(2)(A) (1st sentence words after comma), (3), (8). | |
| 24302(f) | 45:543(b). |
In subsection (a)(1), before clause (A), the words “is composed of the following 9 directors, each of whom must be a citizen” are substituted for “consisting of nine individuals who are citizens” for consistency in the revised title. The words “as follows” are omitted as surplus. In clause (A), the words “ex officio” are omitted as surplus. In clause (C)(ii), the words “chief executive officer of a State” are substituted for “Governor” for consistency in the revised title and with other titles of the United States Code. In clause (D), the text of 45:543(a)(1)(D)(i) and the words “after January 1, 1983” are omitted as executed.
In subsection (a)(2), the words “by the President” and “registered as” are omitted as surplus.
In subsection (a)(3) and (4), the word “selected” is substituted for “appointed” for consistency.
In subsection (a)(6), the word “only” is added for clarity.
In subsection (b), the text of 45:543(a)(7) is omitted as obsolete because preferred stockholder representatives are always part of Amtrak's board of directors. The text of 45:543(c) (words after “all stockholders”) is omitted as obsolete because Congress eliminated common stockholder representatives when it reconstituted the board.
In subsection (c), the words “direct or indirect” are omitted as surplus.
In subsection (d), the word “performing” is substituted for “engaged in the actual performance of” to eliminate unnecessary words. The word “board” is added for clarity. The words “and powers” are added for consistency in the revised title and with other titles of the Code. The word “reasonable” is substituted for “which is reasonably required” to eliminate unnecessary words.
In subsection (e), the words “the membership of” and “in the case of” are omitted as surplus. The words “occurring before the end of the term for which the predecessor of that individual was appointed is appointed for the remainder of the term” are substituted for “shall be appointed only for the unexpired term of the member he is appointed to succeed” for clarity and consistency in the revised title and with other titles of the Code. The words “under subsection (a)(1)(C)” the 2d time they appear are substituted for “paragraph (1)(B) of this subsection” in 45:543(a)(8) to correct an erroneous cross-reference.
Amendments
1997—Pub. L. 105–134 amended section catchline and text generally. Prior to amendment, text related, in subsec. (a), to composition and terms of Amtrak board of directors, in subsec. (b), to cumulative voting by stockholders, in subsec. (c), to conflicts of interest of directors, in subsec. (d), to pay and expenses of directors, in subsec. (e), to vacancies on board, and in subsec. (f), to bylaws of board.
§24303. Officers
(a)
(b)
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 907; Pub. L. 105–134, title II, §207, Dec. 2, 1997, 111 Stat. 2584.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 24303(a) | 45:543(d) (1st, 4th, 5th sentences). | Oct. 30, 1970, Pub. L. 91–518, §303(d), 84 Stat. 1331; June 22, 1972, Pub. L. 92–316, §1(a), 86 Stat. 227; May 26, 1975, Pub. L. 94–25, §2, 89 Stat. 90; July 18, 1982, Pub. L. 97–216, §101 (par. under heading “Grants to the National Railroad Passenger Corporation”), 96 Stat. 187; June 22, 1988, Pub. L. 100–342, §18(c), 102 Stat. 636. |
| 24303(b) | 45:543(d) (2d, 3d sentences). | |
| 24303(c) | 45:543(d) (last sentence). |
In subsection (a), the words “of directors of Amtrak” are added for clarity.
In subsection (b), the words “rates of”, “president and other”, and “at a level” are omitted as surplus.
In subsection (c), the words “direct or indirect” are omitted as surplus. The word “another” is substituted for “any” for clarity.
Amendments
1997—Subsec. (b). Pub. L. 105–134 inserted at end “The preceding sentence shall not apply for any fiscal year for which no Federal assistance is provided to Amtrak.”
§24304. Employee stock ownership plans
In issuing stock pursuant to applicable corporate law, Amtrak is encouraged to include employee stock ownership plans.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 908; Pub. L. 105–134, title IV, §415(a)(1), Dec. 2, 1997, 111 Stat. 2590.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 24304(a) | 45:544(a) (1st sentence, last sentence words before (A), (A) (1st sentence), (B)(i) (1st sentence)). | Oct. 30, 1970, Pub. L. 91–518, §304(a), 84 Stat. 1331; Aug. 13, 1981, Pub. L. 97–35, §1175(1), (2), 95 Stat. 691. |
| 24304(b) | 45:544(a) (2d sentence). | |
| 45:544(b). | Oct. 30, 1970, Pub. L. 91–518, §304(b), 84 Stat. 1332; Oct. 28, 1974, Pub. L. 93–496, §2, 88 Stat. 1526. | |
| 24304(c) | 45:544(a) (last sentence words before (A), (A) (last sentence), (B)(i) (last sentence), (ii), (iii)). | |
| 24304(d)(1) | 45:544(c)(1), (2). | Oct. 30, 1970, Pub. L. 91–518, §304(c)(1), (2), 84 Stat. 1332; restated Aug. 13, 1981, Pub. L. 97–35, §1175(3), 95 Stat. 691. |
| 24304(d)(2) | 45:544(c)(3). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §304(c)(3); added Apr. 7, 1986, Pub. L. 99–272, §4003, 100 Stat. 107. |
| 24304(d)(3) | 45:544(c)(4). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §304(c)(4); added Oct. 27, 1992, Pub. L. 102–533, §5, 106 Stat. 3517. |
| 24304(e) | 45:544(e)(2). | Oct. 30, 1970, Pub. L. 91–518, §304(d), (e), 84 Stat. 1332; restated Aug. 13, 1981, Pub. L. 97–35, §1175(4), 95 Stat. 691. |
| 24304(f) | 45:544(d). | |
| 24304(g) | 45:544(e)(1). |
In subsection (a), before clause (1), the words “issue and” are omitted because they are included in “have outstanding”. The words “in such amounts as it shall determine” are omitted as surplus. The words “one issue of common stock and one issue of preferred stock” are substituted for “two issues of capital stock, a common and a preferred” for clarity. In clause (1), the word “designated” is omitted as surplus.
In subsection (b)(1)(A), the words “may not hold” are substituted for “may be issued and held only by any person other than” to eliminate unnecessary words.
In subsections (b)(1)(B) and (c), the words “as defined in section 10102(6) of title 49” are omitted because of the definition of “rail carrier” in section 24102 of the revised title.
In subsection (b)(1)(B), the words “after the initial issue is completed” are omitted as executed. The words “single” and “directly or indirectly through subsidiaries or affiliated companies, nominees, or any person subject to its direction or control” are omitted as surplus. The words “may vote not more than one-third of the total number of shares of outstanding common stock of Amtrak” are substituted for “At no time . . . shall the aggregate of the shares of common stock of the Corporation voted by . . . exceed 331/3 per centum of such shares issued and outstanding” to eliminate unnecessary words.
In subsection (b)(2), the words “Additional common stock” are substituted for “a number of shares in excess of 331/3 per centum of the total number of common shares issued and outstanding, such excess number” to eliminate unnecessary words. The words “issued and” are omitted because they are included in “outstanding”.
Subsection (c)(1) is substituted for “Dividends shall be fixed at a rate not less than 6 per centum per annum, and shall be cumulative” to eliminate unnecessary words.
In subsection (c)(2), the text of 45:544(a) (last sentence) (A) (last sentence) and the words “for any dividend period” and “at the rate fixed in the articles of incorporation” are omitted as surplus.
In subsection (c)(3), the words “holders of preferred stock” are substituted for “preferred stockholders”, and the words “holders of common stock” are substituted for “common stockholders”, for consistency in this chapter.
In subsection (c)(4), the words “at such time and upon such terms as the articles of incorporation shall provide” are omitted as surplus.
In subsection (d)(1), the text of 45:544(c)(1) and the words “Commencing on October 1, 1981” are omitted as executed. The words “and in consideration of receiving further Federal financial assistance”, “of the United States Government”, “additional”, and “of funds” are omitted as surplus.
In subsection (d)(3), the words “required to be issued” are omitted as surplus.
Subsection (e) is substituted for 45:544(e)(2) to eliminate unnecessary words.
In subsection (f), the words “in addition to the stock authorized by subsection (a) of this section”, “securities, bonds, debentures, notes, and other”, and “as it may determine” are omitted as surplus.
Subsection (g) is substituted for 45:544(e)(1) to eliminate unnecessary words.
Amendments
1997—Pub. L. 105–134 amended section catchline and text generally, substituting provisions relating to employee stock ownership plans for provisions relating to capitalization of Amtrak.
Amtrak Stock
Pub. L. 105–134, title IV, §415(b), (c), Dec. 2, 1997, 111 Stat. 2590, provided that:
“(b)
“(c)
“(B) Subparagraph (A) shall take effect 90 days after the date of the enactment of this Act [Dec. 2, 1997].
“(2)(A) Preferred stock of Amtrak held by the Secretary of Transportation shall confer no voting rights.
“(B) Subparagraph (A) shall take effect 60 days after the date of the enactment of this Act.”
§24305. General authority
(a)
(2) Amtrak shall operate and control directly, to the extent practicable, all aspects of the rail passenger transportation it provides.
(3)(A) Except as provided in subsection (d)(2), Amtrak may enter into a contract with a motor carrier of passengers for the intercity transportation of passengers by motor carrier over regular routes only—
(i) if the motor carrier is not a public recipient of governmental assistance, as such term is defined in section 13902(b)(8)(A) of this title, other than a recipient of funds under section 5311 of this title;
(ii) for passengers who have had prior movement by rail or will have subsequent movement by rail; and
(iii) if the buses, when used in the provision of such transportation, are used exclusively for the transportation of passengers described in clause (ii).
(B) Subparagraph (A) shall not apply to transportation funded predominantly by a State or local government, or to ticket selling agreements.
(b)
(1) a review panel at the principal office of Amtrak consisting of members the President of Amtrak designates;
(2) a systemwide inventory of spare equipment parts in each operational region;
(3) enough maintenance employees for cars and locomotives in each region;
(4) a systematic preventive maintenance program;
(5) periodic evaluations of maintenance costs, time lags, and parts shortages and corrective actions; and
(6) other elements or activities Amtrak considers appropriate.
(c)
(1) make and carry out appropriate agreements;
(2) transport mail and express and shall use all feasible methods to obtain the bulk mail business of the United States Postal Service;
(3) improve its reservation system and advertising;
(4) provide food and beverage services on its trains only if revenues from the services each year at least equal the cost of providing the services;
(5) conduct research, development, and demonstration programs related to the mission of Amtrak; and
(6) buy or lease rail rolling stock and develop and demonstrate improved rolling stock.
(d)
(2) Amtrak may establish through routes and joint fares with any domestic or international motor carrier, air carrier, or water carrier.
(3) Congress encourages Amtrak and motor common carriers of passengers to use the authority conferred in sections 11322 and 14302 of this title for the purpose of providing improved service to the public and economy of operation.
(e)
(f)
(2) Amtrak shall buy only—
(A) unmanufactured articles, material, and supplies mined or produced in the United States; or
(B) manufactured articles, material, and supplies manufactured in the United States substantially from articles, material, and supplies mined, produced, or manufactured in the United States.
(3) Paragraph (2) of this subsection applies only when the cost of those articles, material, or supplies bought is at least $1,000,000.
(4) On application of Amtrak, the Secretary of Transportation may exempt Amtrak from this subsection if the Secretary decides that—
(A) for particular articles, material, or supplies—
(i) the requirements of paragraph (2) of this subsection are inconsistent with the public interest;
(ii) the cost of imposing those requirements is unreasonable; or
(iii) the articles, material, or supplies, or the articles, material, or supplies from which they are manufactured, are not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities and are not of a satisfactory quality; or
(B) rolling stock or power train equipment cannot be bought and delivered in the United States within a reasonable time.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 909; Pub. L. 105–134, title I, §107, Dec. 2, 1997, 111 Stat. 2573.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 24305(a)(1) | 45:545(a) (1st sentence 1st–32d words, words after last semicolon). | Oct. 30, 1970, Pub. L. 91–518, §305(a) (1st, 2d sentences), 84 Stat. 1332; June 22, 1972, Pub. L. 92–316, §2(1), (2), 86 Stat. 228; Nov. 3, 1973, Pub. L. 93–146, §4, 87 Stat. 549; Aug. 13, 1981, Pub. L. 97–35, §1188(b), 95 Stat. 699. |
| 45:545(b) (4th sentence). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §305(b) (4th sentence); added June 22, 1972, Pub. L. 92–316, §2(3), 86 Stat. 228; Nov. 3, 1973, Pub. L. 93–146, §5, 87 Stat. 550. | |
| 45:545(e)(5). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §305(e)(1)–(6); added Nov. 3, 1973, Pub. L. 93–146, §6, 87 Stat. 551. | |
| 24305(a)(2) | 45:545(a) (2d sentence). | |
| 24305(b) | 45:545(e)(2). | |
| 45:545(g). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §305(g); added Oct. 28, 1974, Pub. L. 93–496, §3, 88 Stat. 1527; restated Sept. 29, 1979, Pub. L. 96–73, §§106, 107, 93 Stat. 539, 540. | |
| 24305(c)(1) | 45:851(a)(2). | Feb. 5, 1976, Pub. L. 94–210, §701(a)(2), 90 Stat. 119. |
| 24305(c)(2) | 45:545(a) (1st sentence 33d word–1st semicolon). | |
| 45:545a. | Oct. 5, 1978, Pub. L. 95–421, §19, 92 Stat. 930. | |
| 24305(c)(3) | 45:545(e)(1). | |
| 24305(c)(4) | 45:545(n). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §305(n); added Aug. 13, 1981, Pub. L. 97–35, §1177(a), 95 Stat. 692. |
| 24305(c)(5) | 45:545(a) (1st sentence words between 1st and last semicolons), (e)(3). | |
| 24305(c)(6) | 45:545(e)(4), (6). | |
| 24305(d) | 45:546(j). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §306(j); added Oct. 19, 1976, Pub. L. 94–555, §106, 90 Stat. 2615; Sept. 29, 1979, Pub. L. 96–73, §112(b), 93 Stat. 541. |
| 24305(e) | 45:545(j). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §305(j); added Oct. 19, 1976, Pub. L. 94–555, §104, 90 Stat. 2615; Sept. 29, 1979, Pub. L 96–73, §§106, 108, 93 Stat. 539, 540. |
| 24305(f) | 45:545(k). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §305(k); added Oct. 5, 1978, Pub. L. 95–421, §10, 92 Stat. 928; Sept. 29, 1979, Pub. L. 96–73, §§106, 109, 93 Stat. 539, 540. |
In subsection (a)(1), the text of 45:545(e)(5) is omitted as obsolete. The words “acquire, operate, maintain, and make contracts for the operation and maintenance of” are substituted for “own, manage, operate, or contract for the operation of”, “acquire by construction, purchase, or gift, or to contract for the use of”, “acquire, lease, modify, or develop”, and “or to enter into contracts for the provision of such service” to eliminate unnecessary words. The word “physical” is omitted as surplus. The words “intercity and commuter trains” are omitted as being included in “equipment”. The words “the transportation of mail and express” are substituted for “mail, express . . . service” for consistency in this chapter.
In subsection (b), before clause (1), the words “service” and “repair” are omitted as surplus. The words “not later than January 1, 1980” are omitted as executed. In clause (1), the words “principal office of Amtrak” are substituted for “corporate headquarters” for clarity and consistency. In clauses (3) and (4), the words “establishment of” are omitted as executed.
In subsection (c)(1), the words “contracts and” and “necessary or . . . in the conduct of its functions” are omitted as surplus.
In subsection (c)(2), the words “on such trains” in 45:545(a), and the words “including taking into account the needs of the United States Postal Service in establishing schedules” and “and service” in 45:545a, are omitted as surplus.
In subsection (c)(4), the text of 45:545(n) (1st sentence) and the words “Beginning October 1, 1982” are omitted as executed.
In subsection (d)(1), the words “rail passenger carriers” are substituted for “common carriers of passengers by rail” for consistency in the revised title. The words “establishing those routes and fares” are substituted for “the making of such arrangements” for clarity.
In subsection (e), the words “and protection” and “licensing, residency, or related” are omitted as surplus.
In subsection (f)(1), the words “several” and “the Commonwealth of Puerto Rico” are omitted as surplus.
In subsection (f)(2), the words “Except as provided in paragraph (2) or (3) of this subsection”, “which have been”, “all”, and “as the case may be” are omitted as surplus.
In subsection (f)(3), the text of 45:545(k)(4)(B) is omitted as executed.
In subsection (f)(4)(A) and (B), the words “the purchase of” are omitted as surplus.
In subsection (f)(4)(A)(i), the words “imposing” and “with respect to such articles, materials, and supplies” are omitted as surplus.
Amendments
1997—Subsec. (a)(3). Pub. L. 105–134, §107(a), added par. (3).
Subsec. (d)(3). Pub. L. 105–134, §107(b), added par. (3).
General Services Administration Services
Pub. L. 106–554, §1(a)(4) [div. A, §1110], Dec. 21, 2000, 114 Stat. 2763, 2763A–202, provided that: “Amtrak is authorized to obtain services from the Administrator of General Services, and the Administrator is authorized to provide services to Amtrak, under sections 201(b) and 211(b) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 481(b) and 491(b)) [now 40 U.S.C. 502, 602, 603(a)(1)] for fiscal year 2001 and each fiscal year thereafter until the fiscal year that Amtrak operates without Federal operating grant funds appropriated for its benefit, as required by sections 24101(d) and 24104(a) of title 49, United States Code.”
Rail and Motor Carrier Passenger Service
Pub. L. 105–134, title I, §108, Dec. 2, 1997, 111 Stat. 2574, provided that:
“(a)
“(1) to combine or package their respective services and facilities to the public as a means of increasing revenues; and
“(2) to coordinate schedules, routes, rates, reservations, and ticketing to provide for enhanced intermodal surface transportation.
“(b)
Educational Participation
Pub. L. 105–134, title IV, §412, Dec. 2, 1997, 111 Stat. 2589, provided that: “Amtrak shall participate in educational efforts with elementary and secondary schools to inform students on the advantages of rail travel and the need for rail safety.”
§24306. Mail, express, and auto-ferry transportation
(a)
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 910; Pub. L. 105–134, title I, §102, Dec. 2, 1997, 111 Stat. 2572.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 24306(a) | 45:545(b) (1st, 2d sentence words before 2d comma, last sentence). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §305(b) (1st–3d, last sentences); added June 22, 1972, Pub. L. 92–316, §2(3), 86 Stat. 228; Nov. 3, 1973, Pub. L. 93–146, §5, 87 Stat. 549. |
| 24306(b)(1) | 45:545(b) (2d sentence words after 2d comma). | |
| 24306(b)(2) | 45:545(b) (3d sentence). | |
| 24306(b)(3) | 45:546(h). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §306(h); added Nov. 3, 1973, Pub. L. 93–146, §7, 87 Stat. 551. |
In subsection (a), the words “and to better accomplish the purposes of this chapter” and “modify its services to” are omitted as surplus. The words “a department, agency, or instrumentality of the United States Government” are substituted for “Federal departments and agencies” for consistency in the revised title and with other titles of the United States Code. The words “consistent with the provisions of existing law” are omitted as surplus.
In subsection (b)(1), before clause (A), the words “A person primarily providing auto-ferry transportation and any other person not a rail carrier may provide” are substituted for “except that nothing contained in this chapter shall prevent any other person, other than a railroad (except that for purposes of this section a person primarily engaged in auto-ferry service shall not be deemed to be a railroad), from providing such” to eliminate unnecessary words. The text of 45:545(b) (2d sentence words after “the public”) is omitted as obsolete.
In subsection (b)(2), the words “may provide” are substituted for “Nothing in this section shall be construed to restrict the right of . . . from performing” to eliminate unnecessary words and for clarity. The words “rail lines” are substituted for “lines” for clarity and consistency in the revised title and with other titles of the Code.
In subsection (b)(3), the words “has the effect of prohibiting or”, “fine, penalty, or other”, and “for violation of” are omitted as surplus. The words “rail carrier” are substituted for “common carrier by railroad” for consistency in the revised title and with other titles of the Code.
Amendments
1997—Subsec. (a). Pub. L. 105–134, §102(1), struck out at end “When requested by Amtrak, a department, agency, or instrumentality of the United States Government shall assist in carrying out this section.”
Subsec. (b). Pub. L. 105–134, §102(2), added subsec. (b) and struck out heading and text of former subsec. (b). Text read as follows:
“(1) A person primarily providing auto-ferry transportation and any other person not a rail carrier may provide auto-ferry transportation over any route under a certificate issued by the Interstate Commerce Commission if the Commission finds that the auto-ferry transportation—
“(A) will not impair the ability of Amtrak to reduce its losses or increase its revenues; and
“(B) is required to meet the public demand.
“(2) A rail carrier that has not made a contract with Amtrak to provide rail passenger transportation may provide auto-ferry transportation over its own rail lines.
“(3) State and local laws and regulations that impair the provision of auto-ferry transportation do not apply to Amtrak or a rail carrier providing auto-ferry transportation. A rail carrier may not refuse to participate with Amtrak in providing auto-ferry transportation because a State or local law or regulation makes the transportation unlawful.”
§24307. Special transportation
(a)
(1) individuals at least 65 years of age.
(2) individuals (except alcoholics and drug abusers) who—
(A) have a physical or mental impairment that substantially limits a major life activity of the individual;
(B) have a record of an impairment; or
(C) are regarded as having an impairment.
(b)
(A) an active full-time employee of a rail carrier or terminal company and includes an employee on furlough or leave of absence;
(B) a retired employee of a rail carrier or terminal company; and
(C) a dependent of an employee referred to in clause (A) or (B) of this paragraph.
(2) Amtrak shall ensure that a rail carrier employee eligible for free or reduced-rate rail transportation on April 30, 1971, under an agreement in effect on that date is eligible, to the greatest extent practicable, for free or reduced-rate intercity rail passenger transportation provided by Amtrak under this part, if space is available, on terms similar to those available on that date under the agreement. However, Amtrak may apply to all rail carrier employees eligible to receive free or reduced-rate transportation under any agreement a single systemwide schedule of terms that Amtrak decides applied to a majority of employees on that date under all those agreements. Unless Amtrak and a rail carrier make a different agreement, the carrier shall reimburse Amtrak at the rate of 25 percent of the systemwide average monthly yield of each revenue passenger-mile. The reimbursement is in place of costs Amtrak incurs related to free or reduced-rate transportation, including liability related to travel of a rail carrier employee eligible for free or reduced-rate transportation.
(3) This subsection does not prohibit the Interstate Commerce Commission from ordering retroactive relief in a proceeding begun or reopened after October 1, 1981.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 911; Pub. L. 105–134, title IV, §406(b), Dec. 2, 1997, 111 Stat. 2586.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 24307(a) | 45:545(c)(2). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §305(c)(2); added Sept. 29, 1979, Pub. L. 96–73, §105(2), 93 Stat. 539. |
| 24307(b) | 45:545(c)(1). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §305(c)(1); added Nov. 3, 1973, Pub. L. 93–146, §6, 87 Stat. 550; Sept. 29, 1979, Pub. L. 96–73, §105(1), 93 Stat. 539. |
| 24307(c) | 45:565(f). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §405(f); added June 22, 1972, Pub. L. 92–316, §8, 86 Stat. 230; Sept. 29, 1979, Pub. L. 96–73, §120(a), 93 Stat. 547; Aug. 13, 1981, Pub. L. 97–35, §1184, 95 Stat. 697. |
In subsection (a), before clause (1), the word “maintain” is substituted for “Within 90 days after September 29, 1979” and “establish” for clarity.
In subsection (b), before clause (1), the word “act” is substituted for “take all steps necessary to” to eliminate unnecessary words. The words “access to” are added for clarity. In clause (1), the words “and devices” are omitted as surplus. In clause (4), the words “architectural and other” are omitted as surplus.
In subsection (c)(1)(A), the words “period of” and “while on” are omitted as surplus.
In subsection (c)(2), the words “take such action as may be necessary to”, “the terms of . . . policy or”, and “to such railroad employee” are omitted as surplus. The words “or group of railroads” are omitted because of 1:1.
Amendments
1997—Subsecs. (b), (c). Pub. L. 105–134 redesignated subsec. (c) as (b) and struck out former subsec. (b) which read as follows:
“(b)
“(1) acquiring special equipment;
“(2) conducting special training for employees;
“(3) designing and acquiring new equipment and facilities;
“(4) eliminating barriers in existing equipment and facilities to comply with the highest standards of design, construction, and alteration of property to accommodate elderly and handicapped individuals; and
“(5) providing special assistance to elderly and handicapped individuals when getting on and off trains and in terminal areas.”
Americans With Disabilities Act of 1990
Pub. L. 105–134, title IV, §406(a), Dec. 2, 1997, 111 Stat. 2586, provided that:
“(1)
“(2)
Abolition of Interstate Commerce Commission and Transfer of Functions
Interstate Commerce Commission abolished and functions of Commission transferred, except as otherwise provided in Pub. L. 104–88, to Surface Transportation Board effective Jan. 1, 1996, by section 702 of this title, and section 101 of Pub. L. 104–88, set out as a note under section 701 of this title. References to Interstate Commerce Commission deemed to refer to Surface Transportation Board, a member or employee of the Board, or Secretary of Transportation, as appropriate, see section 205 of Pub. L. 104–88, set out as a note under section 701 of this title.
§24308. Use of facilities and providing services to Amtrak
(a)
(2)(A) If the parties cannot agree and if the Interstate Commerce Commission finds it necessary to carry out this part, the Commission shall—
(i) order that the facilities be made available and the services provided to Amtrak; and
(ii) prescribe reasonable terms and compensation for using the facilities and providing the services.
(B) When prescribing reasonable compensation under subparagraph (A) of this paragraph, the Commission shall consider quality of service as a major factor when determining whether, and the extent to which, the amount of compensation shall be greater than the incremental costs of using the facilities and providing the services.
(C) The Commission shall decide the dispute not later than 90 days after Amtrak submits the dispute to the Commission.
(3) Amtrak's right to use the facilities or have the services provided is conditioned on payment of the compensation. If the compensation is not paid promptly, the rail carrier or authority entitled to it may bring an action against Amtrak to recover the amount owed.
(4) Amtrak shall seek immediate and appropriate legal remedies to enforce its contract rights when track maintenance on a route over which Amtrak operates falls below the contractual standard.
(b)
(c)
(d)
(e)
(2) The Secretary shall consider—
(A) when conducting a hearing, whether an order would impair unreasonably freight transportation of the rail carrier, with the carrier having the burden of demonstrating that the additional trains will impair the freight transportation; and
(B) when establishing scheduled running times, the statutory goal of Amtrak to implement schedules that attain a system-wide average speed of at least 60 miles an hour that can be adhered to with a high degree of reliability and passenger comfort.
(3) Unless the parties have an agreement that establishes the compensation Amtrak will pay the carrier for additional trains provided under an order under this subsection, the Commission shall decide the dispute under subsection (a) of this section.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 911.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 24308(a)(1)– (3) | 45:562(a)(1). | Oct. 30, 1970, Pub. L. 91–518, §402(a)(1), 84 Stat. 1335; June 22, 1972, Pub. L. 92–316, §5(1), 86 Stat. 229; Nov. 3, 1973, Pub. L. 93–146, §10(1), 87 Stat. 552; Oct. 5, 1978, Pub. L. 95–421, §15, 92 Stat. 929; Aug. 13, 1981, Pub. L. 97–35, §1181, 95 Stat. 693; Apr. 7, 1986, Pub. L. 99–272, §4017(b)(1), 100 Stat. 110. |
| 24308(a)(4) | 45:562 (note). | July 11, 1987, Pub. L. 100–71 (last proviso under heading “Grants to the National Railroad Passenger Corporation”), 101 Stat. 447. |
| 24308(b) | 45:562(c). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §402(c); added June 22, 1972, Pub. L. 92–316, §5(2), 86 Stat. 229. |
| 24308(c) | 45:562(e). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §402(e); added Nov. 3, 1973, Pub. L. 93–146, §10(2), 87 Stat. 552; Aug. 13, 1981, Pub. L. 97–35, §1188(c), 95 Stat. 699. |
| 24308(d) | 45:562(f). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §402(f); added Nov. 3, 1973, Pub. L. 93–146, §10(2), 87 Stat. 552. |
| 24308(e) | 45:562(g). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §402(g); added May 30, 1980, Pub. L. 96–254, §216, 94 Stat. 418; Apr. 7, 1986, Pub. L. 99–272, §4006(2), 100 Stat. 107. |
In subsection (a)(1), the word “authority” is substituted for “agencies” for consistency in the revised title and with other titles of the United States Code. The words “tracks and other” are omitted as surplus. The words “of . . . by, the carrier or authority” are added for clarity. The words “and conditions” are omitted as surplus.
In subsection (a)(2)(A), before clause (i), the words “the purposes of” are omitted as surplus. In clause (ii), the words “just and” are omitted as surplus.
Subsection (a)(2)(B) is substituted for 45:562(a)(1) (3d sentence) to eliminate unnecessary words.
In subsection (a)(2)(C), the words “shall decide the dispute” are added, and the words “submits the dispute” are substituted for “application”, for clarity.
In subsection (a)(3), the words “Amtrak's right to use the facilities or have the services provided is conditioned on payment of the compensation” are substituted for “and the rights of the Corporation to such services or to the use of tracks or facilities of the railroad or agency under such order . . . shall be conditioned upon payment by the Corporation of the compensation fixed by the Commission” to eliminate unnecessary words. The words “or under an order issued under subsection (b) of this section” are omitted as obsolete because 45:562(b) is executed. The words “amount of”, “fixed”, “duly and”, and “properly” are omitted as surplus.
In subsection (a)(4), the words “notwithstanding any other provision of law”, “hereafter”, and “becomes inadequate or otherwise” are omitted as surplus.
In subsections (b)–(d), the words “just and” are omitted as surplus.
In subsection (b), the words “as may be deemed by it to be necessary”, “tracks and other”, and “proceed to” are omitted as surplus. The words “personal injury” are substituted for “casualty” for consistency.
In subsections (c) and (d), the words “an opportunity for a” are added for clarity and consistency.
In subsection (c), the word “given” is omitted as surplus. The words “rail line” are substituted for “line of track” for consistency in the revised title and with other titles of the Code. The word “appropriate” is omitted as surplus. The words “the carrier” are substituted for “trains” for clarity and consistency. The words “and Amtrak” are added for clarity.
In subsection (d), the words “upon request of the Corporation” and “otherwise” are omitted as surplus. The words “which improvements would be required” are substituted for “and with respect to the nature and extent of improvements to track, signal systems, and other facilities that would be required” to eliminate unnecessary words.
In subsection (e)(1), the words “satisfactory, voluntary” are omitted as surplus. The words “provide, or allow Amtrak to provide” are added, and the words “Amtrak may apply to the Secretary for an order requiring the carrier to provide or allow for the operation of the requested trains” are substituted for “Upon receipt of an application from the Corporation”, for clarity.
In subsection (e)(2)(A), the words “involved” and “seeking to oppose the operation of an additional train” are omitted as surplus. The words “when conducting a hearing” are added for clarity.
In subsection (e)(2)(B), the word “proper” is omitted as surplus. The words “60 miles” are substituted for “55 miles” for consistency with 45:501a(8), restated in section 24101(c)(6) of the revised title. Section 1172(3) of the Omnibus Budget Reconciliation Act of 1981 (Public Law 91–35, 95 Stat. 688) raised the speed from 55 to 60 in 45:501a but did not make a corresponding change in 45:562(g).
In subsection (e)(3), the words “Unless the parties have an agreement that establishes the compensation Amtrak will pay the carrier for additional trains provided under an order under this subsection” are substituted for 45:562(g) (last sentence words before last comma) to eliminate unnecessary words. The words “the dispute” are added for clarity and consistency in this section.
Abolition of Interstate Commerce Commission and Transfer of Functions
Interstate Commerce Commission abolished and functions of Commission transferred, except as otherwise provided in Pub. L. 104–88, to Surface Transportation Board effective Jan. 1, 1996, by section 702 of this title, and section 101 of Pub. L. 104–88, set out as a note under section 701 of this title. References to Interstate Commerce Commission deemed to refer to Surface Transportation Board, a member or employee of the Board, or Secretary of Transportation, as appropriate, see section 205 of Pub. L. 104–88, set out as a note under section 701 of this title.
§24309. Retaining and maintaining facilities
(a)
(1) “facility” means a rail line, right of way, fixed equipment, facility, or real property related to a rail line, right of way, fixed equipment, or facility, including a signal system, passenger station and repair tracks, a station building, a platform, and a related facility, including a water, fuel, steam, electric, and air line.
(2) downgrading a facility means reducing a track classification as specified in the Federal Railroad Administration track safety standards or altering a facility so that the time required for rail passenger transportation to be provided over the route on which a facility is located may be increased.
(b)
(c)
(2) After a rail carrier notifies Amtrak of its intention to downgrade or dispose of a facility, Amtrak shall survey population centers with rail passenger transportation facilities to assist in preparing a valid and timely analysis of the need for the facility and shall update the survey as appropriate. Amtrak also shall maintain a system for collecting information gathered in the survey. The system shall collect the information based on geographic regions and on whether the facility would be part of a short haul or long haul route. The survey should facilitate an analysis of—
(A) ridership potential by ascertaining existing and changing travel patterns that would provide maximum efficient rail passenger transportation;
(B) the quality of transportation of competitors or likely competitors;
(C) the likelihood of Amtrak offering transportation at a competitive fare;
(D) opportunities to target advertising and fares to potential classes of riders;
(E) economic characteristics of rail passenger transportation related to the facility and the extent to which the characteristics are consistent with sound economic principles of short haul or long haul rail transportation; and
(F) the feasibility of applying effective internal cost controls to the facility and route served by the facility to improve the ratio of passenger revenue to transportation expenses (excluding maintenance of tracks, structures, and equipment and depreciation).
(d)
(2) If Amtrak objects to an application, the Secretary shall decide by not later than 180 days after the objection those costs the rail carrier may avoid if it does not have to retain or maintain a facility in the condition Amtrak requests. If Amtrak does not agree by not later than 60 days after the decision to pay the carrier these avoidable costs, the Secretary shall approve the application. When deciding whether to pay a carrier the avoidable costs of retaining or maintaining a facility, Amtrak shall consider—
(A) the potential importance of restoring rail passenger transportation on the route on which the facility is located;
(B) the market potential of the route;
(C) the availability, adequacy, and energy efficiency of an alternate rail line or alternate mode of transportation to provide passenger transportation to or near the places that would be served by the route;
(D) the extent to which major population centers would be served by the route;
(E) the extent to which providing transportation over the route would encourage the expansion of an intercity rail passenger system in the United States; and
(F) the possibility of increased ridership on a rail line that connects with the route.
(e)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 913; Pub. L. 105–134, title I, §162, Dec. 2, 1997, 111 Stat. 2578.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 24309(a) | 45:566(e)(1), (2). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §406; added Sept. 29, 1979, Pub. L. 96–73, §121, 93 Stat. 548. |
| 24309(b) | 45:566(a). | |
| 24309(c)(1) | 45:566(b). | |
| 24309(c)(2) | 45:566(d)(2). | |
| 24309(d)(1) | 45:566(c)(1). | |
| 24309(d)(2) | 45:566(c)(2), (d)(1). | |
| 24309(e) | 45:566(e)(3). |
In subsection (a)(1), the words “rail line” are substituted for “railroad tracks” for consistency in the revised title and with other titles of the United States Code.
In subsection (b), the word “authority” is substituted for “agency” for consistency in the revised title and with other titles of the Code. The words “obtaining the” are omitted as surplus.
In subsection (c)(1), the words “first” and “to take such action” are omitted as surplus.
In subsection (c)(2), before clause (A), the words “need for the” are added for clarity. The words “necessary or” are omitted as surplus. The words “Within 90 days after September 29, 1979” and 45:566(d)(2)(A)(i) are omitted as executed. The word “maintain” is substituted for “take steps to prepare” for clarity. The words “survey plan which shall provide for” and “compilation, and storage” are omitted as surplus. In clause (F), the words “over time” are omitted as surplus.
In subsection (d)(2), before clause (A), the word “timely” is omitted as surplus. In clause (F), the words “rail line” are substituted for “lines of railroad” for consistency in the revised title and with other titles of the Code.
In subsection (e), the words “approval of” are omitted as surplus.
Amendments
1997—Subsec. (b). Pub. L. 105–134 inserted “or on January 1, 1997,” after “1979,”.
[§24310. Repealed. Pub. L. 105–134, title IV, §403, Dec. 2, 1997, 111 Stat. 2585]
Section, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 914, allowed petition or application to Secretary of Transportation for assistance in upgrading facilities to correct dangerous conditions or State and local violations.
§24311. Acquiring interests in property by eminent domain
(a)
(A) necessary for intercity rail passenger transportation, except property of a rail carrier, a State, a political subdivision of a State, or a governmental authority; or
(B) requested by the Secretary of Transportation in carrying out the Secretary's duty to design and build an intermodal transportation terminal at Union Station in the District of Columbia if the Secretary assures Amtrak that the Secretary will reimburse Amtrak.
(2) Amtrak may exercise the power of eminent domain only if it cannot—
(A) acquire the interest in the property by contract; or
(B) agree with the owner on the purchase price for the interest.
(b)
(A) a statement of the public use for which the interest is taken;
(B) a description of the property sufficient to identify it;
(C) a statement of the interest in the property taken;
(D) a plan showing the interest taken; and
(E) a statement of the amount of money Amtrak estimates is just compensation for the interest.
(2) When the declaration is filed and the deposit is made under paragraph (1) of this subsection, title to the property vests in Amtrak in fee simple absolute or in the lesser interest shown in the declaration, and the right to the money vests in the person entitled to the money. When the declaration is filed, the court may decide—
(A) the time by which, and the terms under which, possession of the property is given to Amtrak; and
(B) the disposition of outstanding charges related to the property.
(3) After a hearing, the court shall make a finding on the amount that is just compensation for the interest in the property and enter judgment awarding that amount and interest on it. The rate of interest is 6 percent a year and is computed on the amount of the award less the amount deposited in the court from the date of taking to the date of payment.
(4) On application of a party, the court may order immediate payment of any part of the amount deposited in the court for the compensation to be awarded. If the award is more than the amount received, the court shall enter judgment against Amtrak for the deficiency.
(c)
(A) conveyance would impair significantly the ability of the carrier to carry out its obligations as a common carrier; and
(B) the obligations of Amtrak to provide modern, efficient, and economical rail passenger transportation can be met adequately by acquiring an interest in other property, either by sale or by exercising its right of eminent domain under subsection (a) of this section.
(2) If the amount of compensation is not determined by the date of the Commission's order, the order shall require, as part of the compensation, interest at 6 percent a year from the date prescribed for the conveyance until the compensation is paid.
(3) Amtrak subsequently may reconvey to a third party an interest conveyed to Amtrak under this subsection or prior comparable provision of law if the Commission decides that the reconveyance will carry out the purposes of this part, regardless of when the proceeding was brought (including a proceeding pending before a United States court on November 28, 1990).
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 915.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 24311(a) | 45:545(d)(1) (less words between 11th comma and proviso). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §305(d)(1); added Nov. 3, 1973, Pub. L. 93–146, §6, 87 Stat. 550; restated Oct. 28, 1974, Pub. L. 93–496, §6, 88 Stat. 1528; Feb. 5, 1976, Pub. L. 94–210, §706(g), 90 Stat. 125; May 30, 1980, Pub. L. 96–254, §206(a), 94 Stat. 412. |
| 24311(b)(1) | 45:545(d)(1) (words between 11th comma and proviso). | |
| 45:545(d)(2), (3) (1st sentence). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §305(d)(2)–(5); added Nov. 3, 1973, Pub. L. 93–146, §6, 87 Stat. 550. | |
| 24311(b)(2) | 45:545(d)(3) (2d sentence), (5). | |
| 24311(b)(3) | 45:545(d)(3) (3d, last sentences). | |
| 24311(b)(4) | 45:545(d)(4). | |
| 24311(c) | 45:562(d). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §402(d); added Nov. 3, 1973, Pub. L. 93–146, §10(2), 87 Stat. 552; Feb. 5, 1976, Pub. L. 94–210, §706(h), 90 Stat. 125; May 30, 1980, Pub. L. 96–254, §206(a), 94 Stat. 412; Nov. 28, 1990, Pub. L. 101–641, §9(a), 104 Stat. 4658. |
| 45:562 (note). | Nov. 28, 1990, Pub. L. 101–641, §9(b), 104 Stat. 4658. |
In subsection (a)(1), before clause (A), the words “the exercise of the right of” and “right-of-way, land, or other” are omitted as surplus.
In subsection (b)(1) and (2), the words “estate or” are omitted as surplus.
In subsection (b)(1), before clause (A), the words “A civil action to acquire an interest in property by eminent domain under subsection (a) of this section must be brought” are added, the words “any judicial district in which any piece of the property is located” are substituted for “any such court”, and the words “under this subsection” are added, for clarity.
In subsection (b)(2), before clause (A), the words “When the declaration is filed and the deposit is made under paragraph (1) of this subsection” are substituted for “shall thereupon” for clarity. The word “immediately” is omitted as surplus. In clause (A), the words “possession of the property is given to Amtrak” are substituted for “the parties in possession are required to surrender possession to the Corporation” to eliminate unnecessary words. Clause (B) is substituted for 45:545(d)(5) (last sentence) to eliminate unnecessary words.
In subsection (b)(3), the words “of money” are omitted as surplus. The words “awarding that amount and interest on it” are substituted for “make an award and . . . accordingly. Such judgment shall include, as part of the just compensation awarded, interest” to eliminate unnecessary words. The words “of interest” are added for clarity. The words “finally . . . as the value of the property on the date of taking” and “on such date” are omitted as surplus.
In subsection (b)(4), the word “award” is substituted for “compensation finally awarded” for consistency and to eliminate unnecessary words. The words “of the money . . . by any person entitled to compensation” and “amount of the” are omitted as surplus.
In subsection (c)(1), before clause (A), the words “terms for”, “at issue”, “to the Corporation”, “and conditions”, “for the property”, “in any event”, “from the Corporation”, and “to the Corporation on such reasonable terms and conditions as it may prescribe, including just compensation” are omitted as surplus. In clause (A), the words “of the property to the Corporation” are omitted as surplus. In clause (B), the words “either by sale or by exercising its right of eminent domain under subsection (a) of this section” are substituted for “which is available for sale on reasonable terms to the Corporation, or available to the Corporation by the exercise of its authority under section 545(d) of this title” for clarity and to eliminate unnecessary words.
In subsection (c)(3), the words “reconvey . . . an interest conveyed to Amtrak under this subsection or prior comparable provision of law” are substituted for “convey title or other interest in such property” for consistency in the revised title and to eliminate unnecessary words. The words “regardless of when the proceeding was brought” are substituted for section 9(b) (less words in parentheses) of the Independent Safety Board Act Amendments of 1990 (Public Law 101–641, 104 Stat. 4658) to eliminate unnecessary words.
Abolition of Interstate Commerce Commission and Transfer of Functions
Interstate Commerce Commission abolished and functions of Commission transferred, except as otherwise provided in Pub. L. 104–88, to Surface Transportation Board effective Jan. 1, 1996, by section 702 of this title, and section 101 of Pub. L. 104–88, set out as a note under section 701 of this title. References to Interstate Commerce Commission deemed to refer to Surface Transportation Board, a member or employee of the Board, or Secretary of Transportation, as appropriate, see section 205 of Pub. L. 104–88, set out as a note under section 701 of this title.
§24312. Labor standards
(a)
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 916; Pub. L. 105–134, title I, §§101(f), 105(c), 121(a), Dec. 2, 1997, 111 Stat. 2572–2574; Pub. L. 107–217, §3(n)(4), Aug. 21, 2002, 116 Stat. 1302.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 24312(a) | 45:565(d). | Oct. 30, 1970, Pub. L. 91–518, §405(d), 84 Stat. 1337. |
| 24312(b) | 45:565(e). | Oct. 30, 1970, Pub. L. 91–518, §405(e), 84 Stat. 1337; Aug. 13, 1981, Pub. L. 97–35, §1177(b), 95 Stat. 692. |
In subsection (a)(1), the words “take such action as may be necessary to”, “the performance of”, “with the assistance of funds received”, “contract or”, “at rates”, and “adequate” are omitted as surplus.
In subsection (a)(2), the words “provided for” and “and pursuant to” are omitted as surplus.
In subsection (b)(1), the words “Except as provided in paragraph (2) of this subsection” are omitted as surplus.
References in Text
The Railway Labor Act, referred to in subsec. (b), is act May 20, 1926, ch. 347, 44 Stat. 577, as amended, which is classified principally to chapter 8 (§151 et seq.) of Title 45, Railroads. For complete classification of this Act to the Code, see section 151 of Title 45 and Tables.
Amendments
2002—Subsec. (a). Pub. L. 107–217, §3(n)(4)(A), substituted “sections 3141–3144, 3146, and 3147 of title 40” for “the Act of March 3, 1931 (known as the Davis-Bacon Act) (40 U.S.C. 276a—276a–5)” and “section 3704 of title 40” for “section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333)”.
Subsec. (b). Pub. L. 107–217, §3(n)(4)(B), substituted “sections 3141–3144, 3146, and 3147 of title 40” for “the Act of March 3, 1931 (known as the Davis-Bacon Act) (40 U.S.C. 276a—276a–5)”.
1997—Subsec. (a)(1). Pub. L. 105–134, §121(a)(2), redesignated par. (1) as subsec. (a).
Pub. L. 105–134, §§101(f), 105(c), struck out “, 24701(a), or 24704(b)(2)” after “24308(a)”.
Subsec. (a)(2). Pub. L. 105–134, §121(a)(3), redesignated par. (2) as subsec. (b).
Subsec. (b). Pub. L. 105–134, §121(a)(1), (3), redesignated subsec. (a)(2) as (b), inserted heading, and struck out former subsec. (b), which read as follows:
“(b)
“(2) This subsection does not apply to food and beverage services provided on trains of Amtrak.”
Contracting Out
Pub. L. 105–134, title I, §121(b)–(d), Dec. 2, 1997, 111 Stat. 2574, 2575, provided that:
“(b)
“(1)
“(2)
“(c)
“(1) shall be included in negotiations under section 6 of the Railway Labor Act (45 U.S.C. 156) between Amtrak and an organization representing Amtrak employees, which shall be commenced by—
“(A) the date on which labor agreements under negotiation on the date of enactment of this Act [Dec. 2, 1997] may be re-opened; or
“(B) November 1, 1999,
whichever is earlier;
“(2) may, at the mutual election of Amtrak and an organization representing Amtrak employees, be included in any negotiation in progress under section 6 of the Railway Labor Act (45 U.S.C. 156) on the date of enactment of this Act; and
“(3) may not be included in any negotiation in progress under section 6 of the Railway Labor Act (45 U.S.C. 156) on the date of enactment of this Act, unless both Amtrak and the organization representing Amtrak employees agree to include it in the negotiation.
No contract between Amtrak and an organization representing Amtrak employees, that is under negotiation on the date of enactment of this Act, may contain a moratorium that extends more than 5 years from the date of expiration of the last moratorium.
“(d)
§24313. Rail safety system program
In consultation with rail labor organizations, Amtrak shall maintain a rail safety system program for employees working on property owned by Amtrak. The program shall be a model for other rail carriers to use in developing safety programs. The program shall include—
(1) periodic analyses of accident information, including primary and secondary causes;
(2) periodic evaluations of the activities of the program, particularly specific steps taken in response to an accident;
(3) periodic reports on amounts spent for occupational health and safety activities of the program;
(4) periodic reports on reduced costs and personal injuries because of accident prevention activities of the program;
(5) periodic reports on direct accident costs, including claims related to accidents; and
(6) reports and evaluations of other information Amtrak considers appropriate.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 917.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 24313 | 45:646. | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §807; added Oct. 5, 1978, Pub. L. 95–421, §13, 92 Stat. 929. |
In this section, before clause (1), the words “No later than January 1, 1979” are omitted as executed. The word “maintain” is substituted for “develop and implement” for clarity. The words “designed to serve as” and “required under this section” are omitted as surplus. In clause (1), the words “if known” are omitted as surplus. In clause (2), the words “undertaken” and “causes” are omitted as surplus. In clauses (3)–(6), the word “reports” is substituted for “identification” for clarity. In clause (3), the word “included” is omitted as surplus. In clause (4), the words “personal injuries” are substituted for “fatalities, and casualties” for consistency in the revised title. The word “activities” is added for clarity. In clause (6), the words “or data” and “necessary or” are omitted as surplus.
[§24314. Repealed. Pub. L. 105–134, title IV, §404, Dec. 2, 1997, 111 Stat. 2586]
Section, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 917; Pub. L. 104–287, §5(48), Oct. 11, 1996, 110 Stat. 3393, related to Amtrak developing plan for demonstrating new technology that may increase train speed in intercity rail passenger system.
§24315. Reports and audits
(a)
(1) for each route on which Amtrak provided intercity rail passenger transportation during the prior fiscal year, includes information on—
(A) ridership;
(B) passenger-miles;
(C) the short-term avoidable profit or loss for each passenger-mile;
(D) the revenue-to-cost ratio;
(E) revenues;
(F) the United States Government subsidy;
(G) the subsidy not provided by the United States Government; and
(H) on-time performance;
(2) provides relevant information about a decision to pay an officer of Amtrak more than the rate for level I of the Executive Schedule under section 5312 of title 5; and
(3) specifies—
(A) significant operational problems Amtrak identifies; and
(B) proposals by Amtrak to solve those problems.
(b)
(A) shall include a discussion and accounting of Amtrak's success in meeting the goal of section 24902(b) 1 of this title; and
(B) may include recommendations for legislation, including the amount of financial assistance needed for operations and capital improvements, the method of computing the assistance, and the sources of the assistance.
(2) Amtrak may submit reports to the President and Congress at other times Amtrak considers desirable.
(c)
(d)
(e)
(f)
(g)
(h)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 918; Pub. L. 105–134, title II, §206, Dec. 2, 1997, 111 Stat. 2584.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 24315(a) | 45:548(a). | Oct. 30, 1970, Pub. L. 91–518, §308(a), 84 Stat. 1333; June 22, 1972, Pub. L. 92–316, §4, 86 Stat. 228; Sept. 29, 1979, Pub. L. 96–73, §113, 93 Stat. 542; Aug. 13, 1981, Pub. L. 97–35, §1180(a), 95 Stat. 693; restated Apr. 7, 1986, Pub. L. 99–272, §4005, 100 Stat. 107; June 22, 1988, Pub. L. 100–342, §18(d), 102 Stat. 637. |
| 24315(b) | 45:548(b). | Oct. 30, 1970, Pub. L. 91–518, §308(b), 84 Stat. 1333; restated June 22, 1972, Pub. L. 92–316, §4, 86 Stat. 229; Nov. 3, 1973, Pub. L. 93–146, §8, 87 Stat. 551; May 26, 1975, Pub. L. 94–25, §4(a), 89 Stat. 90. |
| 45:851(d)(2). | Feb. 5, 1976, Pub. L. 94–210, 90 Stat. 31, §701(d)(2); added May 30, 1980, Pub. L. 96–254, §205, 94 Stat. 412. | |
| 24315(c) | 45:548(c). | Oct. 30, 1970, Pub. L. 91–518, §308(c), 84 Stat. 1333; restated June 22, 1972, Pub. L. 92–316, §4, 86 Stat. 229; May 26, 1975, Pub. L. 94–25, §4(b), 89 Stat. 90; Aug. 13, 1981, Pub. L. 97–35, §1180(b), 95 Stat. 693. |
| 24315(d) | 45:644(1)(A) (1st, 2d sentences), (B). | Oct. 30, 1970, Pub. L. 91–518, §805(1), 84 Stat. 1340. |
| 24315(e) | 45:644(2)(A) (1st, 2d sentences). | Oct. 30, 1970, Pub. L. 91–518, §805(2)(A), 84 Stat. 1340; Oct. 28, 1974, Pub. L. 93–496, §11, 88 Stat. 1531; Apr. 7, 1986, Pub. L. 99–272, §4007(a), 100 Stat. 108. |
| 24315(f) | 45:644(1)(A) (last sentence), (2)(A) (3d, last sentences). | |
| 45:644(2)(B). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §805(2)(B); added June 22, 1972, Pub. L. 92–316, §11(2), 86 Stat. 233; Apr. 7, 1986, Pub. L. 99–272, §4007(a)(2), 100 Stat. 108. | |
| 24315(g) | 45:644(2)(C). | Oct. 30, 1970, Pub. L. 91–518, §805(2)(C), 84 Stat. 1340; June 22, 1972, Pub. L. 92–316, §11(2), 86 Stat. 233. |
In subsection (a)(2), the words “to . . . compensation” and “prescribed” are omitted as surplus.
In subsection (b)(1), before clause (A), the words “(beginning with 1973)” are omitted as executed. The word “complete” is substituted for “comprehensive and detailed” to eliminate unnecessary words. The words “under this chapter” are omitted as surplus. The word “revenues” is substituted for “receipts” for consistency. In clause (B), the words “may include recommendations for legislation” are substituted for “At the time of its annual report, the Corporation shall submit such legislative recommendations as it deems desirable”, the words “the method of computing the assistance” are substituted for “the manner and form in which the amount of such assistance should be computed”, and the words “of the assistance” are substituted for “from which such assistance should be derived”, to eliminate unnecessary words.
In subsection (c), the words “(beginning with 1974)” are omitted as executed. The word “prepare” is substituted for “transmit to the President and to the Congress by March 15 of each year” for clarity because the report is now part of the annual report under 49:308(a). The words “Beginning in 1976” are omitted as executed. The word “Secretary” is substituted for “Department of Transportation” because of 49:102(b). The words “submits under section 308(a) of this title” are substituted for “to the Congress” for clarity.
In subsection (d), the words “independent licensed public accountants certified or licensed by a regulatory authority of a State or other political subdivision of the United States” are omitted as obsolete because only certified public accountants are used for the audit. Only noncertified public accountants licensed before December 30, 1970, who were already conducting audits were allowed to continue. The words “or places” are omitted because of 1:1. The words “financial statements” are substituted for “accounts” because audits are performed on financial statements, not accounts. The words “independent” and “annual” are omitted as surplus. The text of 45:644(1)(B) (last sentence) is omitted as surplus because those requirements are included in “generally accepted auditing standards”.
In subsection (e), the word “rules” is omitted as being synonymous with “regulations”. The words “or places” are omitted because of 1:1. The word “appropriate” is omitted as surplus.
In subsection (f), the words “if required” are substituted for “To the extent . . . deems necessary” to eliminate unnecessary words. The words “the person conducting”, “The representatives of the Comptroller General”, “his representatives”, “as he may make of the financial transactions of the Corporation”, “things, or”, and “full” are omitted as surplus. The words “may keep” are substituted for “shall remain in possession and custody of” and “shall remain in the possession and custody of” to eliminate unnecessary words.
In subsection (g), the word “giving” is substituted for “The report to the Congress shall contain such” to eliminate unnecessary words. The words “as the Comptroller General may deem”, “as he may deem advisable”, “program, expenditure or other”, “observed in the course of the audit”, and “or made” are omitted as surplus.
References in Text
Section 24902(b) of this title, referred to in subsec. (b)(1)(A), was redesignated section 24902(a) and section 24902(e) was redesignated section 24902(b) by Pub. L. 105–134, title IV, §405(b)(1)(A), Dec. 2, 1997, 111 Stat. 2586.
Amendments
1997—Subsec. (h). Pub. L. 105–134 added subsec. (h).
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions in subsecs. (a), (b)(1), (c), and (d) of this section relating to requirements to submit regular periodic reports to Congress, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, the 3rd item on page 176 and the 6th and 7th items on page 204 of House Document No. 103–7.
Funding for Valuation of Amtrak's Assets
Pub. L. 108–447, div. H, title I, Dec. 8, 2004, 118 Stat. 3221, provided in part: “That the Secretary of Transportation is authorized to retain up to $4,000,000 of the funds provided to be used to retain a consultant or consultants to assist the Secretary in preparing a comprehensive valuation of Amtrak's assets to be completed not later than September 30, 2005: Provided further, That these funds shall be available to the Secretary of Transportation until expended: Provided further, That this valuation shall to be used to retain a consultant or consultants to develop to the Secretary's satisfaction a methodology for determining the avoidable and fully allocated costs of each Amtrak route: Provided further, That once the Secretary has approved the methodology for determining the avoidable and fully allocated costs of each Amtrak route, Amtrak shall apply that methodology in compiling an annual report to Congress on the avoidable and fully allocated costs of each of its routes, with the initial report for fiscal year 2005 to be submitted to the House and Senate Committees on Appropriations, the House Committee on Transportation and Infrastructure, and the Senate Committee on Commerce, Science, and Transportation before December 31, 2005, and each subsequent report to be submitted within 90 days after the end of the fiscal year to which the report pertains.”
Reports on Operating Losses
Pub. L. 108–7, div. I, title III, §350, Feb. 20, 2003, 117 Stat. 419, provided that: “On February 15, 2003, and on each year thereafter, the National Railroad Passenger Corporation shall submit to the appropriate Congressional Committees a report detailing the per passenger operating loss on each rail line.”
Amtrak To Notify Congress of Lobbying Relationships
Pub. L. 105–134, title IV, §414, Dec. 2, 1997, 111 Stat. 2589, provided that: “If, at any time, during a fiscal year in which Amtrak receives Federal assistance, Amtrak enters into a consulting contract or similar arrangement, or a contract for lobbying, with a lobbying firm, an individual who is a lobbyist, or who is affiliated with a lobbying firm, as those terms are defined in section 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602), Amtrak shall notify the United States Senate Committee on Commerce, Science, and Transportation, and the United States House of Representatives Committee on Transportation and Infrastructure of—
“(1) the name of the individual or firm involved;
“(2) the purpose of the contract or arrangement; and
“(3) the amount and nature of Amtrak's financial obligation under the contract.
This section applies only to contracts, renewals or extensions of contracts, or arrangements entered into after the date of the enactment of this Act [Dec. 2, 1997].”
1 See References in Text note below.
[CHAPTER 245—REPEALED]
[§§24501 to 24506. Repealed. Pub. L. 105–134, title I, §106(a), Dec. 2, 1997, 111 Stat. 2573]
Section 24501, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 919; Pub. L. 103–429, §6(21), Oct. 31, 1994, 108 Stat. 4379; Pub. L. 104–88, title III, §308(h), Dec. 29, 1995, 109 Stat. 947, related to status of Amtrak Commuter and applicable laws.
Section 24502, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 920, related to board of directors of Amtrak Commuter.
Section 24503, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 921, related to appointment and service of officers of Amtrak Commuter.
Section 24504, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 921, related to general authority of Amtrak Commuter.
Section 24505, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 921, related to Amtrak's rights and responsibilities as relating to commuter rail passenger transportation.
Section 24506, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 922, provided that certain powers and duties of Consolidated Rail Corporation were not affected by this chapter.
Trackage Rights Not Affected
Pub. L. 105–134, title I, §106(c), Dec. 2, 1997, 111 Stat. 2573, provided that: “The repeal of chapter 245 of title 49, United States Code, by subsection (a) of this section is without prejudice to the retention of trackage rights over property owned or leased by commuter authorities.”
CHAPTER 247—AMTRAK ROUTE SYSTEM
Amendments
1997—Pub. L. 105–134, title I, §§101(a)(2), (b), (d), (e), 103–105(a), Dec. 2, 1997, 111 Stat. 2572, 2573, substituted “National rail passenger transportation system” for “Operation of basic system” in item 24701 and struck out item 24702 “Improving rail passenger transportation”, item 24703 “Route and service criteria”, item 24704 “Transportation requested by States, authorities, and other persons”, item 24705 “Additional qualifying routes”, item 24707 “Cost and performance review”, and item 24708 “Special commuter transportation”.
§24701. National rail passenger transportation system
Amtrak shall operate a national rail passenger transportation system which ties together existing and emergent regional rail passenger service and other intermodal passenger service.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 923; Pub. L. 105–134, title I, §101(a)(1), Dec. 2, 1997, 111 Stat. 2572.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 24701(a) | 45:561(b). | Oct. 30, 1970, Pub. L. 91–518, §401(b), 84 Stat. 1335. |
| 24701(b) | 45:561(c). | Oct. 30, 1970, Pub. L. 91–518, §401(c), 84 Stat. 1335; Nov. 3, 1973, Pub. L. 93–146, §9, 87 Stat. 551. |
In subsection (a), before clause (1), the text of 45:561(b) (1st sentence words after 3d comma) is omitted as obsolete because no regional transportation authority provided intercity rail passenger transportation after May 1, 1971. The words “On May 1, 1971” and “begin” are omitted as executed. The words “between points” and “either” are omitted as surplus. In clause (2), the words “under contract with Amtrak” are substituted for 45:561(b) (last sentence) for clarity and to eliminate unnecessary words. The words “at any time subsequent to May 1, 1971” are omitted as executed.
In subsection (b), the words “concerning auto-ferry service . . . railroad or any other” are omitted as surplus.
Amendments
1997—Pub. L. 105–134 substituted section catchline for former catchline which read “Operation of basic system” and amended text generally. Prior to amendment, text read as follows:
“(a)
“(1) a rail carrier with which Amtrak did not make a contract under section 401(a) of the Rail Passenger Service Act; or
“(2) a regional transportation authority under contract with Amtrak.
“(b)
[§§24702 to 24705. Repealed. Pub. L. 105–134, title I, §§101(b), 103–105(a), Dec. 2, 1997, 111 Stat. 2572, 2573]
Section 24702, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 923; Pub. L. 104–287, §5(48), Oct. 11, 1996, 110 Stat. 3393, related to carrying out plan to improve intercity rail passenger service.
Section 24703, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 924, provided route and service criteria for modifying or discontinuing routes.
Section 24704, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 925, related to application by States, regional or local authorities, or other persons requesting Amtrak to provide passenger rail service and criteria for decision.
Section 24705, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 926; Pub. L. 104–88, title III, §308(i), Dec. 29, 1995, 109 Stat. 947, related to providing service on routes recommended to be discontinued, criteria for deferring Secretary's recommendation, and providing short haul demonstration routes.
§24706. Discontinuance
(a)
(2) Notice of the discontinuance under section 24704 1 or paragraph (1) shall be posted in all stations served by the train to be discontinued at least 14 days before the discontinuance.
(b)
(A) the first month of a fiscal year if the authorization of appropriations and the appropriations for Amtrak are not enacted at least 90 days before the beginning of the fiscal year; and
(B) the 30 days following enactment of an appropriation for Amtrak or a rescission of an appropriation.
(2) Amtrak shall notify each affected State or regional or local transportation authority of a discontinuance under this subsection as soon as possible after Amtrak decides to discontinue the service.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 927; Pub. L. 105–134, title I, §§101(c), 142(a), Dec. 2, 1997, 111 Stat. 2572, 2576.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 24706(a)(1) | 45:564(c)(4)(F)(ii). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §404(c)(4)(F); added Sept. 29, 1979, Pub. L. 96–73, §117, 93 Stat. 545; restated Aug. 13, 1981, Pub. L. 97–35, §1183(b), 95 Stat. 696. |
| 24706(a)(2) | 45:564(c)(4)(F)(i). | |
| 24706(b) | 45:564(c)(4)(F)(iii). | |
| 24706(c)(1) | 45:565(a) (2d sentence). | Oct. 30, 1970, Pub. L. 91–518, §405(a) (1st, 2d sentences), 84 Stat. 1337; restated June 22, 1972, Pub. L. 92–316, §7(a), 86 Stat. 230. |
| 45:565(a) (last sentence). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §405(a) (last sentence); added Apr. 7, 1986, Pub. L. 99–272, §4016, 100 Stat. 110. | |
| 24706(c)(2) | 45:565(a) (1st sentence). | |
| 45:565(b) (1st sentence). | Oct. 30, 1970, Pub. L. 91–518, §405(b) (1st–3d sentences), 84 Stat. 1337. | |
| 45:565(c) (1st sentence words before 2d comma). | Oct. 30, 1970, Pub. L. 91–518, §405(c), 84 Stat. 1337; restated June 22, 1972, Pub. L. 92–316, §7(c), 86 Stat. 230. | |
| 24706(c)(3) | 45:565(b) (2d sentence). | |
| 24706(c)(4) | 45:565(b) (3d sentence). | |
| 24706(c)(5) | 45:565(c) (1st sentence words after 2d comma, last sentence). | |
| 24706(c)(6) | 45:565(g). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §405(g); added Aug. 13, 1981, Pub. L. 97–35, §1188(d), 95 Stat. 699. |
In subsection (a)(1), the words “Except as provided in subsection (b) of this section” are added for clarity. The word “authority” is substituted for “agency” for consistency in the revised title and with other titles of the United States Code.
In subsection (b)(1), before clause (A), the words “Notwithstanding the provisions of clause (ii)” are omitted as surplus. In clauses (A) and (B), the words “the benefit of” are omitted as surplus. In clause (A), the words “for such fiscal year” are omitted as surplus.
In subsection (c)(1), before clause (A), the words “Amtrak or” are substituted for 45:565(c) (1st sentence words before 2d comma) to eliminate unnecessary words because operations in the basic system have begun. The words “whether occurring before, on, or after January 1, 1975” and “without being limited to, such provisions as may be necessary for” are omitted as surplus. In clause (A), the words “to such employees” are omitted as surplus.
In subsection (c)(3), the words “section 11347 of this title” are substituted for and coextensive with “section 5(2)(f) of the Interstate Commerce Act” in section 405(b) of the Rail Passenger Service Act (Public Law 91–518, 84 Stat. 1337) on authority of section 3(b) of the Act of October 17, 1978 (Public Law 95–473, 92 Stat. 1466).
In subsection (c)(5), the words “be construed to” are omitted as surplus. The text of 45:565(c) (last sentence) is omitted as executed.
References in Text
Section 24704 of this title, referred to in text, was repealed by Pub. L. 105–134, title I, §105(a), Dec. 2, 1997, 111 Stat. 2573.
Amendments
1997—Subsec. (a)(1). Pub. L. 105–134, §101(c)(1)–(3), substituted “180 days” for “90 days” and “or discontinuing service over a route,” for “24707(a) or (b) of this title,” and inserted “or assume” after “agree to share”.
Subsec. (a)(2). Pub. L. 105–134, §101(c)(4), which directed substitution of “paragraph (1)” for “section 24707(a) or (b) of this title”, was executed by making the substitution for “24707(a) or (b) of this title” to reflect the probable intent of Congress.
Subsec. (b)(1). Pub. L. 105–134, §101(c)(5), which directed substitution of “subsection (a)(1)” for “section 24707(a) or (b) of this title”, was executed by making the substitution for “24707(a) or (b) of this title” to reflect the probable intent of Congress.
Subsec. (c). Pub. L. 105–134, §142(a), struck out subsec. (c) which related to employee protective arrangements.
Effective Date of 1997 Amendment
Amendment by section 142(a) of Pub. L. 105–134 effective 180 days after Dec. 2, 1997, see section 142(c) of Pub. L. 105–134, set out in an Employee Protection Reforms note below.
Employee Protection Reforms
Pub. L. 105–134, title I, §§141, 142, Dec. 2, 1997, 111 Stat. 2575, 2576, provided that:
“SEC. 141. RAILWAY LABOR ACT PROCEDURES.
“(a)
“(b)
“(c)
“(d)
“(A) is unresolved as of the date which is 120 days after the date of the enactment of this Act [Dec. 2, 1997]; and
“(B) is not submitted to arbitration as described in subsection (c),
Amtrak shall, and the labor organization parties to such dispute shall, within 127 days after the date of the enactment of this Act, each select an individual from the entire roster of arbitrators maintained by the National Mediation Board. Within 134 days after the date of the enactment of this Act, the individuals selected under the preceding sentence shall jointly select an individual from such roster to make recommendations with respect to such dispute under this subsection. If the National Mediation Board is not informed of the selection under the preceding sentence 134 days after the date of enactment of this Act, the Board shall immediately select such individual.
“(2) No individual shall be selected under paragraph (1) who is pecuniarily or otherwise interested in any organization of employees or any railroad.
“(3) The compensation of individuals selected under paragraph (1) shall be fixed by the National Mediation Board. The second paragraph of section 10 of the Railway Labor Act [45 U.S.C. 160] shall apply to the expenses of such individuals as if such individuals were members of a board created under such section 10.
“(4) If the parties to a dispute described in subsection (a) fail to reach agreement within 150 days after the date of the enactment of this Act, the individual selected under paragraph (1) with respect to such dispute shall make recommendations to the parties proposing contract terms to resolve the dispute.
“(5) If the parties to a dispute described in subsection (a) fail to reach agreement, no change shall be made by either of the parties in the conditions out of which the dispute arose for 30 days after recommendations are made under paragraph (4).
“(6) Section 10 of the Railway Labor Act (45 U.S.C. 160) shall not apply to a dispute described in subsection (a).
“(e)
“SEC. 142. SERVICE DISCONTINUANCE.
“(a)
“(b)
“(c)
“(d)
1 See References in Text note below.
[§§24707, 24708. Repealed. Pub. L. 105–134, title I, §101(d), (e), Dec. 2, 1997, 111 Stat. 2572]
Section 24707, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 928, required annual route, financial, and performance reviews.
Section 24708, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 929, related to continuing, modifying, or discontinuing passenger transportation routes.
§24709. International transportation
Amtrak may develop and operate international intercity rail passenger transportation between the United States and Canada and between the United States and Mexico. The Secretary of the Treasury and the Attorney General, in cooperation with Amtrak, shall maintain, consistent with the effective enforcement of the immigration and customs laws, en route customs inspection and immigration procedures for international intercity rail passenger transportation that will—
(1) be convenient for passengers; and
(2) result in the quickest possible international intercity rail passenger transportation.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 929.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 24709 | 45:545(e)(7) (less words between parentheses). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §305(e)(7) (less words between parentheses); added Nov. 3, 1973, Pub. L. 93–146, §6, 87 Stat. 551. |
| 45:545(i). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §305(i); added Oct. 28, 1974, Pub. L. 93–496, §4, 88 Stat. 1527; restated May 26, 1975, Pub. L. 94–25, §3, 89 Stat. 90; Sept. 29, 1979, Pub. L. 96–73, §106, 93 Stat. 539; Aug. 13, 1981, Pub. L. 97–35, §1176, 95 Stat. 692; Apr. 7, 1986, Pub. L. 99–272, §13031(h)(1), 100 Stat. 310. |
In this section, before clause (1), the words “points within”, “points in”, and “including Montreal, Canada; Vancouver, Canada; and Nuevo Laredo, Mexico” in 45:545(e)(7) are omitted as surplus. The words “establish and” in 45:545(i) (1st sentence) are omitted as executed. The words “trains operated in” are omitted as surplus.
CHAPTER 249—NORTHEAST CORRIDOR IMPROVEMENT PROGRAM
Amendments
1997—Pub. L. 105–134, title IV, §405(a), Dec. 2, 1997, 111 Stat. 2586, struck out item 24903 “Program master plan for Boston-New York main line”.
§24901. Definitions
In this chapter—
(1) “final system plan” means the final system plan (including additions) adopted by the United States Railway Association under the Regional Rail Reorganization Act of 1973 (45 U.S.C. 701 et seq.).
(2) “rail carrier” means an express carrier and a rail carrier as defined in section 10102 of this title, including Amtrak.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 930.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 24901(1) | (no source). | |
| 24901(2) | (no source). |
This section is derived from 45:802 for clarity. That section contains definitions for the Railroad Revitalization and Regulatory Reform Act of 1976 (Public Law 94–210, 90 Stat. 33). Title VII of that Act is the source of the source provisions restated in this chapter. However, other titles of that Act are not being restated because they are outside the scope of the restatement. Therefore, 45:802 is not being restated in this restatement and only the relevant definitions are accounted for in this chapter.
References in Text
The Regional Rail Reorganization Act of 1973, referred to in par. (1), is Pub. L. 93–236, Jan. 2, 1974, 87 Stat. 985, as amended, which is classified principally to chapter 16 (§701 et seq.) of Title 45, Railroads. For complete classification of this Act to the Code, see Short Title note set out under section 701 of Title 45 and Tables.
§24902. Goals and requirements
(a)
(b)
(1) Safety-related items should be completed before other items because the safety of the passengers and users of the Northeast Corridor is paramount.
(2) Activities that benefit the greatest number of passengers should be completed before activities involving fewer passengers.
(3) Reliability of intercity rail passenger transportation must be emphasized.
(4) Trip-time requirements of this section must be achieved to the extent compatible with the priorities referred to in paragraphs (1)–(3) of this subsection.
(5) Improvements that will pay for the investment by achieving lower operating or maintenance costs should be carried out before other improvements.
(6) Construction operations should be scheduled so that the fewest possible passengers are inconvenienced, transportation is maintained, and the on-time performance of Northeast Corridor commuter rail passenger and rail freight transportation is optimized.
(7) Planning should focus on completing activities that will provide immediate benefits to users of the Northeast Corridor.
(c)
(d)
(e)
(f)
(g)
(2) Amtrak shall apply to the Interstate Commerce Commission for approval of the agreement and all related agreements accompanying the application as soon as the agreement is made. If the Commission finds that approval is necessary to carry out this chapter, the Commission shall approve the application and related agreements not later than 90 days after receiving the application.
(3) If an agreement is not made under paragraph (1) of this subsection, Amtrak, with the consent of the other parties, may apply to the Interstate Commerce Commission. Not later than 90 days after the application, the Commission shall decide on the terms of an agreement if it decides that doing so is necessary to carry out this chapter. The decision of the Commission is binding on the other parties.
(h)
(A) transportation programs related to the Northeast Corridor to ensure that the programs are integrated and consistent with the Northeast Corridor improvement program; and
(B) amounts from departments, agencies, and instrumentalities of the Government to achieve urban redevelopment and revitalization in the vicinity of urban rail stations in the Northeast Corridor served by intercity and commuter rail passenger transportation.
(2) If the Secretary finds significant noncompliance with this section, the Secretary may deny financing to a noncomplying program until the noncompliance is corrected.
(i)
(j)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 930; Pub. L. 104–205, title III, §334, Sept. 30, 1996, 110 Stat. 2974; Pub. L. 105–134, title IV, §405(b)(1), Dec. 2, 1997, 111 Stat. 2586.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 24902(a) | 45:853(1)(A). | Feb. 5, 1976, Pub. L. 94–210, §703(1)(A), 90 Stat. 121; Oct. 5, 1978, Pub. L. 95–421, §8(1), 92 Stat. 927; May 30, 1980, Pub. L. 96–254, §202(1), (2), 94 Stat. 410; Jan. 14, 1983, Pub. L. 97–468, §301(1), 96 Stat. 2547. |
| 45:853(1)(B) (1st sentence). | Feb. 5, 1976, Pub. L. 94–210, §703(1)(B), 90 Stat. 121; Oct. 5, 1978, Pub. L. 95–421, §8(2), 92 Stat. 927. | |
| 45:853(2)(A). | Feb. 5, 1976, Pub. L. 94–210, §703(2)(A), 90 Stat. 122; Oct. 5, 1978, Pub. L. 95–421, §5(1), 92 Stat. 926. | |
| 45:853(2)(B). | Feb. 5, 1976, Pub. L. 94–210, 90 Stat. 31, §703(2)(B); added Oct. 5, 1978, Pub. L. 95–421, §5(2), 92 Stat. 927. | |
| 45:853(3)(A). | Feb. 5, 1976, Pub. L. 94–210, §703(3)(A), 90 Stat. 122; May 30, 1980, Pub. L. 96–254, §203(1), 94 Stat. 410. | |
| 45:853(4) (1st sentence). | Feb. 5, 1976, Pub. L. 94–210, §703(1)(C), (4), 90 Stat. 121, 122. | |
| 45:853(6). | Feb. 5, 1976, Pub. L. 94–210, 90 Stat. 31, §703(6); added May 30, 1980, Pub. L. 96–254, §203(2), 94 Stat. 411. | |
| 45:855(b). | Feb. 5, 1976, Pub. L. 94–210, 90 Stat. 31, §705(b); added May 30, 1980, Pub. L. 96–254, §206(a), 94 Stat. 413; Jan. 14, 1983, Pub. L. 97–468, §301(5)(B), 96 Stat. 2550. | |
| 24902(b) | 45:851(d)(1). | Feb. 5, 1976, Pub. L. 94–210, 90 Stat. 31, §701(d)(1); added May 30, 1980, Pub. L. 96–254, §205, 94 Stat. 412. |
| 24902(c)(1) | 45:853(1)(B) (last sentence). | |
| 45:855(b). | ||
| 24902(c)(2), (3) | 45:854(i). | Feb. 5, 1976, Pub. L. 94–210, 90 Stat. 31, §704(i); added May 30, 1980, Pub. L. 96–254, §204(b), 94 Stat. 411. |
| 45:855(b). | ||
| 24902(d) | 45:853(4) (last sentence). | |
| 24902(e) | 45:853(7). | Feb. 5, 1976, Pub. L. 94–210, 90 Stat. 31, §703(7); added May 30, 1980, Pub. L. 96–254, §209, 94 Stat. 414. |
| 24902(f) | 45:853(1)(C). | |
| 24902(g) | 45:431(k). | Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, §202(k); added June 22, 1988, Pub. L. 100–342, §9, 102 Stat. 628. |
| 24902(h) | 45:853(1)(E). | Feb. 5, 1976, Pub. L. 94–210, §703(1)(E), 90 Stat. 121; May 30, 1980, Pub. L. 96–254, §202(3), 94 Stat. 410. |
| 45:855(b). | ||
| 24902(i) | 45:853(5). | Feb. 5, 1976, Pub. L. 94–210, 90 Stat. 31, §703(5); added Oct. 5, 1978, Pub. L. 95–421, §8(3), 92 Stat. 927. |
| 45:855(b). | ||
| 24902(j) | 45:853(3)(B). | Feb. 5, 1976, Pub. L. 94–210, 90 Stat. 31, §703(3)(B); added May 30, 1980, Pub. L. 96–254, §203(1), 94 Stat. 410. |
| 45:855(b). | ||
| 24902(k) | 45:854(c)(1). | Feb. 5, 1976, Pub. L. 94–210, §704(c)(1), 90 Stat. 123; May 30, 1980, Pub. L. 96–254, §210(1), 94 Stat. 414. |
| 45:854(c)(2). | Feb. 5, 1976, Pub. L. 94–210, 90 Stat. 31, §704(c)(2); added May 30, 1980, Pub. L. 96–254, §210(2), 94 Stat. 414. | |
| 24902(l) | 45:545(h) (last sentence). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §305(h) (last sentence); added Oct. 28, 1974, Pub. L. 93–496, §3, 88 Stat. 1527; Sept. 29, 1979, Pub. L. 96–73, §106, 93 Stat. 539. |
| 45:855(b). |
In this section, the word “program” is substituted for “project” for consistency in this chapter.
In subsection (a)(1)(A) and (B), the words “schedule” and “appropriate” are omitted as surplus.
In subsection (a)(2), the words “in order” and “rail” are omitted as surplus.
In subsection (a)(4)–(6), the words “the goals contained in” are omitted as surplus.
In subsection (a)(4), the text of 45:853(2)(B) is omitted as executed.
In subsection (a)(5), the words “to all users of rail freight service located” are omitted as surplus. The word “in” is substituted for “on” as being more appropriate. The words “all . . . which remain” are omitted as surplus.
In subsection (a)(6), the word “mobile” is added for consistency in this chapter. The word “on” is substituted for “aboard trains operated in” to eliminate unnecessary words. The word “passenger” after “rail” is added for consistency in this chapter. The word “Washington” is omitted as surplus.
In subsection (b), the words “each fiscal year” are substituted for “annual” for clarity. The text of 45:851(d)(1)(A) and (B) is omitted as obsolete.
In subsection (c)(1), the words “in his sole discretion” are omitted as surplus.
In subsection (c)(2)(B), the words “and in the amounts” are omitted as surplus.
In subsection (d), the words “department, agencies, and instrumentalities of the United States Government” are substituted for “relevant Federal agencies, including the Federal Communications Commission” for consistency in the revised title and with other titles of the United States Code. The words “shall assist Amtrak under subsection (a)(6) of this section” are substituted for “shall take such actions as are necessary to achieve this goal” for clarity. The words “including necessary licensing, construction, operation, and maintenance” are omitted as surplus.
In subsection (e), before clause (1), the words “of priority” are added for clarity. In clause (2), the words “Potential ridership should be considered” are omitted as surplus. In clause (5), the words “Reducing maintenance cost levels is desirable” are omitted as surplus. The words “before other improvements” are added for clarity.
In subsection (f), the words “accomplished in a manner which is”, “the accomplishment in the . . . of additional”, and “levels” are omitted as surplus.
In subsection (g), the words “after April 1, 1990” are omitted as executed. The words “betwen [sic] Washington, D.C., and Boston, Massachusetts” are omitted as surplus. The words “or between the main line and Atlantic City” are substituted for “on the feeder line referred to in section 854(a)(1)(B) of this title” for clarity. The text of 45:431(k)(2) is omitted as executed.
In subsection (h), the text of 45:853(1)(E) (1st–4th sentences) and the word “Thereafter” are omitted as executed. The words “carries out” are substituted for “achieves the service goals specified in” for consistency in this section.
In subsection (i), the words “rolling stock and related”, “designed to be”, “set forth”, and “specified” are omitted as surplus. The text of 45:853(5) (last sentence words after “such equipment”) is omitted as obsolete.
In subsection (j)(1), the words “Within 6 months after May 30, 1980, the Secretary shall develop plans” and the text of 45:853(3)(B)(v) are omitted as executed. The words “rail lines” are substituted for “lines” for clarity and consistency in this chapter. The words “Washington” and “on such terms and conditions as the parties may agree” are omitted as surplus.
In subsection (j)(2), the words “including the provision of service use of tracks and facilities as provided in such application” are omitted as surplus.
In subsection (j)(3), the words “other parties” are substituted for “involved rail freight carriers” to eliminate unnecessary words. The words “conditions and” are omitted as surplus.
In subsection (k)(1), before clause (A), the words “take all steps necessary to” are omitted as surplus. In clause (A), the words “all”, “implementation of”, and “under this subchapter” are omitted as surplus. Clause (B) is substituted for 45:854(c)(2) to eliminate surplus and obsolete words.
References in Text
Section 703(1)(E) of the Railroad Revitalization and Regulatory Reform Act of 1976, referred to in subsecs. (e) and (f), is section 703(1)(E) of Pub. L. 94–210, which was classified to section 853(1)(E) of Title 45, Railroads, and was repealed and reenacted as subsec. (h) of this section by Pub. L. 103–272, §§1(e), 7(b), July 5, 1994, 108 Stat. 932, 1379.
Amendments
1997—Pub. L. 105–134 redesignated subsec. (b) as (a) and subsecs. (e) to (m) as (b) to (j), respectively, in subsec. (j) struck out “(m)” after “This subsection”, and struck out former subsecs. (a), (c), and (d) which related to Northeast Corridor improvement plan, cost sharing for nonoperational facilities, and passenger radio mobile telephone service, respectively.
1996—Subsec. (m). Pub. L. 104–205 added subsec. (m).
Abolition of Interstate Commerce Commission and Transfer of Functions
Interstate Commerce Commission abolished and functions of Commission transferred, except as otherwise provided in Pub. L. 104–88, to Surface Transportation Board effective Jan. 1, 1996, by section 702 of this title, and section 101 of Pub. L. 104–88, set out as a note under section 701 of this title. References to Interstate Commerce Commission deemed to refer to Surface Transportation Board, a member or employee of the Board, or Secretary of Transportation, as appropriate, see section 205 of Pub. L. 104–88, set out as a note under section 701 of this title.
[§24903. Repealed. Pub. L. 105–134, title IV, §405(a), Dec. 2, 1997, 111 Stat. 2586]
Section, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 933; Pub. L. 104–287, §5(48), Oct. 11, 1996, 110 Stat. 3393, related to program master plan for Boston-New York main line.
§24904. General authority
(a)
(1) acquire, maintain, and dispose of any interest in property used to provide improved high-speed rail transportation under section 24902 of this title;
(2) acquire, by condemnation or otherwise, any interest in real property that Amtrak considers necessary to carry out the goals of section 24902;
(3) provide for rail freight, intercity rail passenger, and commuter rail passenger transportation over property acquired under this section;
(4) improve rail rights of way between Boston, Massachusetts, and the District of Columbia (including the route through Springfield, Massachusetts, and routes to Harrisburg, Pennsylvania, and Albany, New York, from the Northeast Corridor main line) to achieve the goals of section 24902 of providing improved high-speed rail passenger transportation between Boston, Massachusetts, and the District of Columbia, and intermediate intercity markets;
(5) acquire, build, improve, and install passenger stations, communications and electric power facilities and equipment, public and private highway and pedestrian crossings, and other facilities and equipment necessary to provide improved high-speed rail passenger transportation over rights of way improved under clause (4) of this subsection;
(6) make agreements with other carriers and commuter authorities to grant, acquire, or make arrangements for rail freight or commuter rail passenger transportation over, rights of way and facilities acquired under the Regional Rail Reorganization Act of 1973 (45 U.S.C. 701 et seq.) and the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 801 et seq.); and
(7) appoint a general manager of the Northeast Corridor improvement program.
(b)
(c)
(2) If the parties do not agree, the Interstate Commerce Commission shall order that the transportation continue over facilities acquired under the Regional Rail Reorganization Act of 1973 (45 U.S.C. 701 et seq.) and the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 801 et seq.) and shall determine compensation (without allowing cross-subsidization between intercity rail passenger and rail freight transportation) for the transportation not later than 120 days after the dispute is submitted. The Commission shall assign to a rail freight carrier obtaining transportation under this subsection the costs Amtrak incurs only for the benefit of the carrier, plus a proportionate share of all other costs of providing transportation under this paragraph incurred for the common benefit of Amtrak and the carrier. The proportionate share shall be based on relative measures of volume of car operations, tonnage, or other factors that reasonably reflect the relative use of rail property covered by this subsection.
(3) This subsection does not prevent the parties from making an agreement under subsection (a)(6) of this section after the Commission makes a decision under this subsection.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 934; Pub. L. 103–429, §6(22), Oct. 31, 1994, 108 Stat. 4380; Pub. L. 105–134, title IV, §405(b)(2), Dec. 2, 1997, 111 Stat. 2586.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 24904(a) (words before (1)) | 45:851(a) (words before (1)). | Feb. 5, 1976, Pub. L. 94–210, §701(a)(1), (3)–(8), 90 Stat. 119. |
| 24904(a)(1) | 45:851(a)(1). | |
| 45:855(b). | Feb. 5, 1976, Pub. L. 94–210, 90 Stat. 31, §705(b); added May 30, 1980, Pub. L. 96–254, §206(a), 94 Stat. 413; Jan. 14, 1983, Pub. L. 97–468, §301(5)(B), 96 Stat. 2550. | |
| 24904(a)(2) | 45:854(h). | Feb. 5, 1976, Pub. L. 94–210, 90 Stat. 31, §704(h); added May 30, 1980, Pub. L. 96–254, §204(b), 94 Stat. 411. |
| 45:855(b). | ||
| 24904(a)(3) | 45:851(a)(3) (less proviso). | |
| 24904(a)(4) | 45:851(a)(4). | |
| 24904(a)(5) | 45:851(a)(5). | |
| 24904(a)(6) | 45:562(a)(2) (1st sentence). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §402(a)(2); added Feb. 5, 1976, Pub. L. 94–210, §706(a), 90 Stat. 123; May 30, 1980, Pub. L. 96–254, §206(a), 94 Stat. 412; Apr. 7, 1986, Pub. L. 99–272, §4017(b)(2)–(5), 100 Stat. 111. |
| 45:851(a)(6) (words before 8th comma). | ||
| 24904(a)(7) | 45:851(a)(7). | |
| 24904(a)(8) | 45:851(a)(8). | |
| 24904(b) | 45:851(a)(3) (proviso). | |
| 24904(c)(1) | 45:851(a)(6) (words after 8th comma). | |
| 24904(c)(2) | 45:562(a)(2) (2d–5th sentences). | |
| 24904(c)(3) | 45:562(a)(2) (last sentence). |
In subsection (a), before clause (1), the words “the purposes of” are omitted as surplus. The words “this part” are substituted for “this subchapter, the Rail Passenger Service Act [45 U.S.C. 501 et seq.]” for clarity because subchapter III of chapter 17 of title 45, United States Code, and the Rail Passenger Service Act make up part C of subtitle V of the revised title. In clause (1), the words “by purchase, lease, exchange, gift, or otherwise, and to hold . . . sell, lease, or otherwise”, “real or personal”, and “which is necessary or” are omitted as surplus. The words “to provide” are substituted for “establishing and maintaining” for consistency in this chapter. In clause (2), the words “for the United States, by lease, purchase, condemnation, or otherwise” and “(including lands, easements, and rights-of-way, and any other property interests, including contract rights) are omitted as surplus. In clause (3), the words “the continuous operation and maintenance of” are omitted as surplus. In clause (4), the words “Washington” and “at its option” are omitted as surplus. In clause (5), the words “other safety facilities or equipment . . . any” and “which it determines are” are omitted as surplus. In clause (6), the words “Notwithstanding any other provision of this chapter”, “tracks, rights-of-way and other”, and “by the Corporation” in 45:562(a)(2) (1st sentence) and “other railroads” and “trackage rights, contract services, and other appropriate” in 45:851(a)(6) are omitted as surplus. In clause (7), the words “qualified individual to serve as the” are omitted as surplus. In clause (8), the words “on a basis which is consistent with, and” are omitted as surplus.
In subsection (c)(1), the words “shall provide for” are substituted for “to be on such terms and conditions as are necessary to” to eliminate unnecessary words. The word “reasonable” is substituted for “on an equitable and fair basis” for consistency in the revised title.
In subsection (c)(2), the words “If the parties do not” are substituted for “In the event of a failure to” for clarity. The words “to be provided”, “consistent with equitable and fair compensation principles”, “proper amount of”, “the provision of”, and “the date of” are omitted as surplus.
In subsection (c)(3), the words “either before or” are omitted as surplus because the National Railroad Passenger Corporation may make agreements on arrangements for rail freight or commuter rail transportation under subsection (a)(6) of this section and this subsection applies only when there is no agreement.
Pub. L. 103–429
This amends 49:24904(a)(2) to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 934).
References in Text
The Regional Rail Reorganization Act of 1973, referred to in subsecs. (a) and (c)(2), is Pub. L. 93–236, Jan. 2, 1974, 87 Stat. 985, as amended, which is classified principally to chapter 16 (§701 et seq.) of Title 45, Railroads. For complete classification of this Act to the Code, see Short Title note set out under section 701 of Title 45 and Tables.
The Railroad Revitalization and Regulatory Reform Act of 1976, referred to in subsecs. (a)(6) and (c)(2), is Pub. L. 94–210, Feb. 5, 1976, 90 Stat. 31, as amended. For complete classification of this Act to the Code, see Short Title note set out under section 801 of Title 45 and Tables.
Amendments
1997—Subsec. (a)(6) to (8). Pub. L. 105–134 inserted “and” at end of par. (6), substituted a period for “; and” at end of par. (7), and struck out par. (8) which read as follows: “make agreements with telecommunications common carriers, subject to the Communications Act of 1934 (47 U.S.C. 151 et seq.), to continue existing, and establish new and improved, passenger radio mobile telephone service in the high-speed rail passenger transportation area specified in section 24902(a)(1) and (2).”
1994—Subsec. (a)(2). Pub. L. 103–429 inserted “, by condemnation or otherwise,” after “acquire”.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
Abolition of Interstate Commerce Commission and Transfer of Functions
Interstate Commerce Commission abolished and functions of Commission transferred, except as otherwise provided in Pub. L. 104–88, to Surface Transportation Board effective Jan. 1, 1996, by section 702 of this title, and section 101 of Pub. L. 104–88, set out as a note under section 701 of this title. References to Interstate Commerce Commission deemed to refer to Surface Transportation Board, a member or employee of the Board, or Secretary of Transportation, as appropriate, see section 205 of Pub. L. 104–88, set out as a note under section 701 of this title.
§24905. Coordination board and safety committee
(a)
(A) one individual from each commuter authority (as defined in section 1135(a) of the Omnibus Budget Reconciliation Act of 1981 (45 U.S.C. 1104)) that provides or makes a contract to provide commuter rail passenger transportation over the main line of the Northeast Corridor.
(B) 2 individuals selected by Amtrak.
(C) one individual selected by the Consolidated Rail Corporation.
(2) The Board shall recommend to Amtrak—
(A) policies that ensure equitable access to the Northeast Corridor, considering the need for equitable access by commuter and intercity rail passenger transportation and the requirements of section 24308(c) of this title; and
(B) equitable policies for the Northeast Corridor related to—
(i) dispatching;
(ii) public information;
(iii) maintaining equipment and facilities;
(iv) major capital facility investments; and
(v) harmonizing equipment acquisitions, rates, and schedules.
(3) The Board may recommend to the board of directors and President of Amtrak action necessary to resolve differences on providing transportation, except for facilities and transportation matters under section 24308(a) or 24904(a)(5) and (c) of this title.
(b)
(A) the Secretary;
(B) Amtrak;
(C) freight carriers operating more than 150,000 train miles a year on the main line of the Northeast Corridor;
(D) commuter agencies;
(E) rail passengers;
(F) rail labor; and
(G) other individuals and organizations the Secretary decides have a significant interest in rail safety.
(2) The Secretary shall consult with the Committee about safety improvements on the Northeast Corridor main line. The Committee shall meet at least once every 2 years to consider safety matters on the main line.
(3) At the beginning of the first session of each Congress, the Secretary shall submit a report to Congress on the status of efforts to improve safety on the Northeast Corridor main line. The report shall include the safety recommendations of the Committee and the comments of the Secretary on those recommendations.
(4) The Committee shall cease to exist on January 1, 1999, or on another date the Secretary decides is appropriate. The Secretary shall notify Congress in writing of a decision to terminate the Committee on another date.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 935.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 24905(a)(1) | 45:585(c). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §505(c); added Jan. 14, 1983, Pub. L. 97–468, §508(2), 96 Stat. 2554. |
| 24905(a)(2) | 45:585(a). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §505(a), (b); added Aug. 13, 1981, Pub. L. 97–35, §1137, 95 Stat. 650; Jan. 14, 1983, Pub. L. 97–468, §508(1), 96 Stat. 2554. |
| 24905(a)(3) | 45:585(b). | |
| 24905(b) | 45:431 (note). | June 22, 1988, Pub. L. 100–342, §11, 102 Stat. 629; Sept. 3, 1992, Pub. L. 102–365, §18, 106 Stat. 982. |
In subsection (a)(2), before clause (A), the words “develop and” are omitted as surplus. In clause (B)(v), the word “rates” is substituted for “fares, tariffs” for consistency in the revised title and with other titles of the United States Code.
In subsection (a)(3), the words “of opinions” and “(among or between the Corporation, Amtrak Commuter, other railroads, commuter authorities, and other State, local, and regional agencies responsible for the provision of commuter rail, rapid rail, or rail freight service), with respect to all matters” are omitted as surplus. The words “for facilities and transportation matters under” are substituted for “those conferred on the Commission in” for clarity.
In subsection (b)(1), the words “Within 30 days after the date of enactment of this Act . . . shall establish” are omitted as executed.
In subsection (b)(3), the words “each Congress” are substituted for “the 103rd Congress, and biennially thereafter” to eliminate unnecessary words. The words “pursuant to the provisions of this section” are omitted as unnecessary.
§24906. Eliminating highway at-grade crossings
(a)
(1) impracticable or unnecessary; and
(2) using the crossing is consistent with conditions the Secretary considers appropriate to ensure safety.
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 936.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 24906(a) | 45:650(a), (b). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §811; added Oct. 27, 1992, Pub. L. 102–533, §2, 106 Stat. 3515. |
| 24906(b) | 45:650(c). |
§24907. Note and mortgage
(a)
(b)
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 936.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 24907(a) | 45:854(e). | Feb. 5, 1976, Pub. L. 94–210, 90 Stat. 31, §704(e)–(g); added Oct. 19, 1976, Pub. L. 94–555, §217(c), 90 Stat. 2627. |
| 24907(b) | 45:854(f). | |
| 24907(c) | 45:854(g). |
In subsection (a), the words “In order . . . protect and”, “securing such expenditure”, “infringe upon or”, and “the authority conferred upon the National Railroad Passenger Corporation by” are omitted as surplus.
In subsections (b) and (c), the words “note” and “agreement” are substituted for “agreement, security, or obligation” for consistency because the Secretary of Transportation gets only notes and mortgage agreements under the source provisions restated in subsection (a) of this section.
In subsection (b), the words “obtained by the Secretary” and “the provisions of subtitle IV of title 49, the Securities Act of 1933 (15 U.S.C. 77a et seq.), and . . . other” are omitted as surplus. The words “has the same” are substituted for “shall enjoy all of the” for clarity. The words “conveyance or” are omitted, and the word “transfer” is substituted for “conveyances”, for consistency in this subtitle. The words “(including section 303(e) thereof [45 U.S.C. 743(e)])” are omitted as surplus. The words “section 303(b)” are substituted for “section 306(b)” to correct a mistake in section 217(c) of the Rail Transportation Improvement Act (Public Law 94–555, 90 Stat. 2628).
In subsection (c), the words “to any party for any damages, or in any other matter” are omitted as surplus. The word “because” is substituted for ‘by reason of the fact that” to eliminate unnecessary words. The words “related to the note or agreement” are substituted for “in connection with” for clarity. The words “all” and “(including fees of accountants, experts, and attorneys)” are omitted as surplus. The words “a civil action” are substituted for “any litigation” for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). The words “legal” and “given, issued, or entered into” are omitted as surplus.
References in Text
The Regional Rail Reorganization Act of 1973, referred to in subsecs. (a) and (b), is Pub. L. 93–236, Jan. 2, 1974, 87 Stat. 985, as amended, which is classified principally to chapter 16 (§701 et seq.) of Title 45, Railroads. For complete classification of this Act to the Code, see Short Title note set out under section 701 of Title 45 and Tables.
Abolition of Special Court, Regional Rail Reorganization Act of 1973, and Transfer of Functions
Special court abolished and all jurisdiction and functions transferred to United States District Court for District of Columbia, see section 719(b)(2) of Title 45, Railroads.
§24908. Transfer taxes and levies and recording charges
A transfer of an interest in rail property under this chapter is exempt from a tax or levy related to the transfer that is imposed by the United States Government, a State, or a political subdivision of a State. On payment of the appropriate and generally applicable charge for the service performed, a transferee or transferor may record an instrument and, consistent with the final system plan, the release or removal of a pre-existing lien or encumbrance of record related to the interest transferred.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 937.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 24908 | 45:743(e) (words “title VII of the Railroad Revitalization and Regulatory Reform Act of 1976 [45 U.S.C. 851 et seq.] or of”). | Jan. 2, 1974, Pub. L. 93–236, 87 Stat. 985, §303(e) (words “title VII of the Railroad Revitalization and Regulatory Reform Act of 1976 or of”); added Feb. 5, 1976, Pub. L. 94–210, §601(d), 90 Stat. 84; Sept. 30, 1976, Pub. L. 94–436, §5 (related to title VII), 90 Stat. 1399. |
The words “or conveyances”, “(whether real, personal, or mixed)”, “which are made at any time”, “the purposes of”, “imposts”, “or on the recording of deeds, bills of sale, liens, encumbrances, or other instruments evidencing, effectuating, or incident to any such transfers or conveyances, whether imposed on the transferor or on the transferee”, “now or hereafter”, “to compensate . . . the cost of”, “such deeds, bills of sale, liens, encumbrances, or other”, and “the designations and applicable principles in” are omitted as surplus.
§24909. Authorization of appropriations
(a)
(A) at least $27,000,000 for equipment modification and replacement that a State or a local or regional transportation authority must bear because of the electrification conversion system of the Northeast Corridor under this chapter.
(B) $30,000,000—
(i) to improve the main line track between the Northeast Corridor main line and Atlantic City, New Jersey, to ensure that the track, consistent with a plan New Jersey developed in consultation with Amtrak to provide rail passenger transportation between the Northeast Corridor main line and Atlantic City, New Jersey, would be of sufficient quality to allow safe rail passenger transportation at a minimum of 79 miles an hour not later than September 30, 1985; and
(ii) to promote rail passenger use of the track.
(C) necessary amounts to—
(i) develop Union Station in the District of Columbia;
(ii) install 189 track-miles, and renew 133 track-miles, of concrete ties with continuously welded rail between the District of Columbia and New York, New York;
(iii) install reverse signaling between Philadelphia, Pennsylvania, and Morrisville, Pennsylvania, on numbers 2 and 3 track;
(iv) restore ditch drainage in concrete tie locations between the District of Columbia and New York, New York;
(v) undercut 83 track-miles between the District of Columbia and New York, New York;
(vi) rehabilitate bridges between the District of Columbia and New York, New York (including Hi line);
(vii) develop a maintenance of way equipment repair facility between the District of Columbia and New York, New York, and build maintenance of way bases at Philadelphia, Pennsylvania, Sunnyside, New York, and Cedar Hill, Connecticut;
(viii) stabilize the roadbed between the District of Columbia and New York, New York;
(ix) automate the Bush River Drawbridge at milepost 72.14;
(x) improve the New York Service Facility to develop rolling stock repair capability;
(xi) install a rail car washer facility at Philadelphia, Pennsylvania;
(xii) restore storage tracks and buildings at the Washington Service Facility;
(xiii) install centralized traffic control from Landlith, Delaware, to Philadelphia, Pennsylvania;
(xiv) improve track, including high speed surfacing, ballast cleaning, and associated equipment repair and material distribution;
(xv) rehabilitate interlockings between the District of Columbia and New York, New York;
(xvi) paint the Connecticut River, Groton, and Pelham Bay bridges;
(xvii) provide additional catenary renewal and power supply upgrading between the District of Columbia and New York, New York;
(xviii) rehabilitate structural, electrical, and mechanical systems at the 30th Street Station in Philadelphia, Pennsylvania;
(xix) install evacuation and fire protection facilities in tunnels in New York, New York;
(xx) improve the communication and signal systems between Wilmington, Delaware, and Boston, Massachusetts, on the Northeast Corridor main line, and between Philadelphia, Pennsylvania, and Harrisburg, Pennsylvania, on the Harrisburg Line;
(xxi) improve the electric traction systems between Wilmington, Delaware, and Newark, New Jersey;
(xxii) install baggage rack restraints, seat back guards, and seat lock devices on 348 passenger cars operating in the Northeast Corridor;
(xxiii) install 44 event recorders and 10 electronic warning devices on locomotives operating within the Northeast Corridor; and
(xxiv) acquire cab signal test boxes and install 9 wayside loop code transmitters for use within the Northeast Corridor.
(2) The following additional amounts may be appropriated to the Secretary for expenditure by Amtrak:
(A) not more than $150,000,000 to achieve the goal of section 24902(a)(3) 1 of this title.
(B) not more than $120,000,000 to acquire interests in property in the Northeast Corridor.
(C) not more than $650,000 to develop and use mobile radio frequencies for passenger radio mobile telephone service on high-speed rail passenger transportation.
(D) not more than $20,000,000 to acquire and improve interests in rail property designated under section 206(c)(1)(D) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 716(c)(1)(D)).
(E) not more than $37,000,000 to carry out section 24902(a)(7) and (j) 1 of this title.
(b)
(c)
(d)
(e)
(2) Section 24902 of this title is deemed not to be fulfilled until the projects under subsection (a)(1)(C) of this section are completed.
(f)
(g)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 937.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 24909(a)(1) | 45:854(a) (1st sentence). | Feb. 5, 1976, Pub. L. 94–210, 90 Stat. 31, §704(a) (1st sentence); added Aug. 13, 1981, Pub. L. 97–35, §1193(1), 95 Stat. 701. |
| 45:854(a) (2d sentence cl. (1) (less availability)). | Feb. 5, 1976, Pub. L. 94–210, §704(a) (2d sentence), 90 Stat. 122; Oct. 19, 1976, Pub. L. 94–555, §217(a), (b), 90 Stat. 2627; Oct. 5, 1978, Pub. L. 95–421, §9, 92 Stat. 928; May 30, 1980, Pub. L. 96–254, §204(a), 94 Stat. 411; Jan. 14, 1983, Pub. L. 97–468, §301(2), 96 Stat. 2548; June 22, 1988, Pub. L. 100–342, §6, 102 Stat. 627. | |
| 45:855(b). | Feb. 5, 1976, Pub. L. 94–210, 90 Stat. 31, §705(b); added May 30, 1980, Pub. L. 96–254, §206(a), 94 Stat. 413; Jan. 14, 1983, Pub. L. 97–468, §301(5)(B), 96 Stat. 2550. | |
| 24909(a) (2)(A) | 45:854(a) (2d sentence cl. (2) (less availability)). | |
| 45:855(b). | ||
| 24909(a) (2)(B)–(E) | 45:854(a) (2d sentence cls. (3)(A)–(D) (1st sentence), (4)) (as 2d sentence cls. (3)(A)–(D) (1st sentence), (4) relate to other than availability). | |
| 45:855(b). | ||
| 24909(b) | 45:854(d). | Feb. 5, 1976, Pub. L. 94–210, §704(d), 90 Stat. 123. |
| 45:855(b). | ||
| 24909(c) | 45:854(a) (2d sentence cl. (3)(D) (last sentence)). | |
| 24909(d) | 45:854(b)(1) (related to 854). | Feb. 5, 1976, Pub. L. 94–210, §704(b)(1) (related to §704), 90 Stat. 123; Jan. 14, 1983, Pub. L. 97–468, §301(4)(A), 96 Stat. 2549. |
| 24909(e) | 45:854(b)(2). | Feb. 5, 1976, Pub. L. 94–210, 90 Stat. 31, §704(b)(2); added Jan. 14, 1983, Pub. L. 97–468, §301(4)(B), 96 Stat. 2549. |
| 45:855(b). | ||
| 24909(f) | 45:854(a) (2d sentence cls. (1)–(3)(D) (1st sentence), (4)) (as 2d sentence cls. (1)–(3)(D) (1st sentence), (4) relate to availability). | |
| 24909(g) | 45:854(a) (3d sentence). | Feb. 5, 1976, Pub. L. 94–210, 90 Stat. 31, §704(a) (3d sentence); added Aug. 13, 1981, Pub. L. 97–35, §1193(2), 95 Stat. 702. |
| 45:854(a) (4th–last sentences). | Feb. 5, 1976, Pub. L. 94–210, 90 Stat. 31, §704(a) (4th–last sentences); added Jan. 14, 1983, Pub. L. 97–468, §301(3), 96 Stat. 2549. |
In subsections (a) and (f), the text of 45:854(a) (2d sentence cl. (3)(A)) is omitted as executed.
In subsection (a)(1), before clause (A), the text of 45:854(a) (1st sentence) is omitted as surplus because of section 24902(a) of the revised title. In clause (B)(i), the words “if the National Railroad Passenger Corporation receives notification on or before June 1, 1983, from . . . that such State has approved” and “and if such Corporation determines that such plan is feasible” are omitted as executed. The words “rehabilitation and other . . . (including upgrading track and the signal system, ensuring safety at public and private highway and pedestrian crossings by improving signals or eliminating such crossings, and the improvement of operational portions of stations related to intercity rail passenger service)” are omitted as surplus. In clause (C), before subclause (i), the words “with respect to the main line of the Northeast Corridor” are omitted as surplus. In subclauses (i), (ii), (iv)–(viii), (xv), and (xvii), the word “Washington” is omitted as surplus. In subclause (xx), the words “at locations” are omitted as surplus.
In subsection (a)(2)(C), the words “passenger radio mobile telephone service on high-speed rail passenger transportation” are substituted for “high-speed rail passenger rail telephone service” for consistency in this chapter.
In subsection (a)(2)(D), the word “rail” is added for consistency in the revised title.
In subsection (b), the words “After the conveyance of rail properties, pursuant to section 303(b) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 743(b)) and section 851(b) of this title” are omitted as executed. The words “remain available to” and “the purpose of performing” are omitted as surplus.
In subsection (c), the words “that portion of . . . issued by the National Railroad Passenger Corporation and” are omitted as surplus.
In subsection (e)(1), the words “to be appropriated”, “undertaken or viewed as”, “entitled”, and “prepared for the United States Department of Transportation, Federal Railroad Administration, Northeast Corridor Improvement Project, in cooperation with the Federal Railroad Administration and the National Railroad Passenger Corporation (Amtrak), by Deleuw, Cather/Parsons, NECIP architect/engineer” are omitted as surplus. The words “for which amounts are authorized under” are substituted for “described in” for clarity. The words “for expenditure” are omitted as surplus.
In subsection (g), the text of 45:854(a) (3d, 5th, and last sentences) is omitted as executed. The words “An amount greater than that authorized for a fiscal year” are substituted for “Funds . . . in excess of limitations imposed under the preceding sentence with respect to a fiscal year, or for fiscal years after the fiscal year ending September 30, 1983” to eliminate unnecessary and obsolete words. The words “under this section” are omitted as surplus. The words “amount authorized” are substituted for “limitation under such sentence” for consistency.
References in Text
Section 24902 of this title, referred to in subsecs. (a)(1), (2)(A), (E), was amended by Pub. L. 105–134, title IV, §405(b)(1), Dec. 2, 1997, 111 Stat. 2586, and, as so amended, subsec. (a) of that section was repealed and subsecs. (b), (j), and (m) were redesignated (a), (g), and (j), respectively.
Act of February 28, 1975 (Public Law 94–6, 89 Stat. 11), referred to in subsec. (b), provided appropriations for interim operating assistance for Federal Railroad Administration of Department of Transportation in chapter II which is not classified to the Code.
Section 602 of the Rail Passenger Service Act, referred to in subsec. (c), was classified to section 602 of Title 45, Railroads, prior to repeal by Pub. L. 102–533, §7(c), Oct. 27, 1992, 106 Stat. 3519.
1 See References in Text note below.
PART D—HIGH-SPEED RAIL
Prior Provisions
A prior part D, consisting of chapter 261, was redesignated part E of this subtitle by Pub. L. 103–440, title I, §103(a)(1), Nov. 2, 1994, 108 Stat. 4616.
CHAPTER 261—HIGH-SPEED RAIL ASSISTANCE
Prior Provisions
A prior chapter 261, consisting of sections 26101 and 26102, was renumbered chapter 281 of this title by Pub. L. 103–440, title I, §103(a)(1), Nov. 2, 1994, 108 Stat. 4616.
Amendments
2005—Pub. L. 109–59, title IX, §9001(a)(2), Aug. 10, 2005, 119 Stat. 1919, substituted “development” for “planning” in item 26101.
§26101. Corridor development
(a)
(2) No less than 20 percent of the publicly financed costs associated with eligible activities shall come from State and local sources, which State and local sources may not include funds from any Federal program.
(b)
(A) environmental assessments;
(B) feasibility studies emphasizing commercial technology improvements or applications;
(C) economic analyses, including ridership, revenue, and operating expense forecasting;
(D) assessing the impact on rail employment of developing high-speed rail corridors;
(E) assessing community economic impacts;
(F) coordination with State and metropolitan area transportation planning and corridor development with other States;
(G) operational planning;
(H) route selection analyses and purchase of rights-of-way for proposed high-speed rail service;
(I) preliminary engineering and design;
(J) identification of specific improvements to a corridor, including electrification, line straightening and other right-of-way improvements, bridge rehabilitation and replacement, use of advanced locomotives and rolling stock, ticketing, coordination with other modes of transportation, parking and other means of passenger access, track, signal, station, and other capital work, and use of intermodal terminals;
(K) preparation of financing plans and prospectuses;
(L) creation of public/private partnerships; and
(M) the acquisition of locomotives, rolling stock, track, and signal equipment.
(2) No financial assistance shall be provided under this section for corridor development with respect to the main line of the Northeast Corridor, between Washington, District of Columbia, and Boston, Massachusetts.
(c)
(1) the relationship of the corridor to the Secretary's national high-speed ground transportation policy;
(2) the extent to which the proposed development focuses on systems which will achieve sustained speeds of 125 mph or greater;
(3) the integration of the corridor into metropolitan area and statewide transportation planning;
(4) the potential interconnection of the corridor with other parts of the Nation's transportation system, including the interconnection with other countries;
(5) the anticipated effect of the corridor on the congestion of other modes of transportation;
(6) whether the work to be funded will aid the efforts of State and local governments to comply with the Clean Air Act (42 U.S.C. 7401 et seq.);
(7) the past and proposed financial commitments and other support of State and local governments and the private sector to the proposed high-speed rail program, including the acquisition of rolling stock;
(8) the estimated level of ridership;
(9) the estimated capital cost of corridor improvements, including the cost of closing, improving, or separating highway-rail grade crossings;
(10) rail transportation employment impacts;
(11) community economic impacts;
(12) the extent to which the projected revenues of the proposed high-speed rail service, along with any financial commitments of State or local governments and the private sector, are expected to cover capital costs and operating and maintenance expenses;
(13) whether a specific route has been selected, specific improvements identified, and capacity studies completed; and
(14) whether the corridor has been designated as a high-speed rail corridor by the Secretary.
(Added Pub. L. 103–440, title I, §103(a)(2), Nov. 2, 1994, 108 Stat. 4616; amended Pub. L. 109–59, title IX, §9001(a)(1), Aug. 10, 2005, 119 Stat. 1918.)
References in Text
The Clean Air Act, referred to in subsec. (c)(6), is act July 14, 1955, ch. 360, 69 Stat. 322, as amended, which is classified generally to chapter 85 (§7401 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 7401 of Title 42 and Tables.
Prior Provisions
A prior section 26101 was renumbered section 28101 of this title.
Amendments
2005—Pub. L. 109–59, §9001(a)(1)(A), substituted “development” for “planning” in section catchline.
Subsec. (a). Pub. L. 109–59, §9001(a)(1)(B), substituted “Development” for “Planning” in subsec. heading.
Subsec. (a)(1). Pub. L. 109–59, §9001(a)(1)(C), substituted “corridor development” for “corridor planning”.
Subsec. (b)(1). Pub. L. 109–59, §9001(a)(1)(D)(i), inserted “, or if it is an activity described in subparagraph (M)” after “high-speed rail improvements” in introductory provisions.
Pub. L. 109–59, §9001(a)(1)(C), substituted “corridor development” for “corridor planning” in two places in introductory provisions.
Subsec. (b)(1)(F). Pub. L. 109–59, §9001(a)(1)(C), substituted “corridor development” for “corridor planning”.
Subsec. (b)(1)(M). Pub. L. 109–59, §9001(a)(1)(D)(ii)–(iv), added subpar. (M).
Subsec. (b)(2). Pub. L. 109–59, §9001(a)(1)(C), substituted “corridor development” for “corridor planning”.
Subsec. (c)(2). Pub. L. 109–59, §9001(a)(1)(E), substituted “development” for “planning”.
Congressional Findings; Purpose
Section 102 of title I of Pub. L. 103–440 provided that:
“(a)
“(1) high-speed rail offers safe and efficient transportation in certain densely traveled corridors linking major metropolitan areas in the United States;
“(2) high-speed rail may have environmental advantages over certain other forms of intercity transportation;
“(3) Amtrak's Metroliner service between Washington, District of Columbia, and New York, New York, the United States premier high-speed rail service, has shown that Americans will use high-speed rail when that transportation option is available;
“(4) new high-speed rail service should not receive Federal subsidies for operating and maintenance expenses;
“(5) State and local governments should take the prime responsibility for the development and implementation of high-speed rail service;
“(6) the private sector should participate in funding the development of high-speed rail systems;
“(7) in some intercity corridors, Federal planning assistance may be required to supplement the funding commitments of State and local governments and the private sector to ensure the adequate planning, including reasonable estimates of the costs and benefits, of high-speed rail systems;
“(8) improvement of existing technologies can facilitate the development of high-speed rail systems in the United States; and
“(9) Federal assistance is required for the improvement, adaptation, and integration of proven technologies for commercial application in high-speed rail service in the United States.
“(b)
§26102. High-speed rail technology improvements
(a)
(b)
(c)
(Added Pub. L. 103–440, title I, §103(a)(2), Nov. 2, 1994, 108 Stat. 4617.)
Prior Provisions
A prior section 26102 was renumbered section 28102 of this title.
§26103. Safety regulations
The Secretary shall promulgate such safety regulations as may be necessary for high-speed rail services.
(Added Pub. L. 103–440, title I, §103(a)(2), Nov. 2, 1994, 108 Stat. 4618.)
§26104. Authorization of appropriations
(a)
(1) $70,000,000 for carrying out section 26101; and
(2) $30,000,000 for carrying out section 26102,
for each of the fiscal years 2006 through 2013.
(b)
(Added Pub. L. 103–440, title I, §103(a)(2), Nov. 2, 1994, 108 Stat. 4618; amended Pub. L. 105–178, title VII, §7201(a), June 9, 1998, 112 Stat. 469; Pub. L. 109–59, title IX, §9001(b), Aug. 10, 2005, 119 Stat. 1919.)
Amendments
2005—Pub. L. 109–59 amended heading and text of section generally. Prior to amendment, text consisted of subsecs. (a) to (h) relating to authorization of appropriations for fiscal years 1995 through 2001 and availability of funds.
1998—Subsecs. (d) to (h). Pub. L. 105–178 added subsecs. (d) to (g) and redesignated former subsec. (d) as (h).
§26105. Definitions
For purposes of this chapter—
(1) the term “financial assistance” includes grants, contracts,,1 cooperative agreements, and other transactions;
(2) the term “high-speed rail” means all forms of nonhighway ground transportation that run on rails or electromagnetic guideways providing transportation service which is—
(A) reasonably expected to reach sustained speeds of more than 125 miles per hour; and
(B) made available to members of the general public as passengers,
but does not include rapid transit operations within an urban area that are not connected to the general rail system of transportation;
(3) the term “publicly financed costs” means the costs funded after April 29, 1993, by Federal, State, and local governments;
(4) the term “Secretary” means the Secretary of Transportation;
(5) the term “State” means any of the several States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, and any other territory or possession of the United States; and
(6) the term “United States private business” means a business entity organized under the laws of the United States, or of a State, and conducting substantial business operations in the United States.
(Added Pub. L. 103–440, title I, §103(a)(2), Nov. 2, 1994, 108 Stat. 4618; amended Pub. L. 105–178, title VII, §7201(b), June 9, 1998, 112 Stat. 470; Pub. L. 109–59, title IX, §9001(c), Aug. 10, 2005, 119 Stat. 1919.)
Amendments
2005—Par. (1). Pub. L. 109–59 substituted “, cooperative agreements, and other transactions” for “and cooperative agreements”.
1998—Par. (2). Pub. L. 105–178 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “the term ‘high-speed rail’ has the meaning given such term under section 511(n) of the Railroad Revitalization and Regulatory Reform Act of 1976;”.
PART E—MISCELLANEOUS
Amendments
1994—Pub. L. 103–440, title I, §103(a)(1), Nov. 2, 1994, 108 Stat. 4616, redesignated part D of this subtitle as part E.
CHAPTER 281—LAW ENFORCEMENT
Amendments
1997—Pub. L. 105–134, title I, §161(b), Dec. 2, 1997, 111 Stat. 2578, added item 28103.
1994—Pub. L. 103–440, title I, §103(a)(1), (b)(2), Nov. 2, 1994, 108 Stat. 4616, 4619, renumbered chapter 261 of this title as chapter 281 and items 26101 and 26102 as 28101 and 28102, respectively.
United States-Canada Alaska Rail Commission
Pub. L. 106–570, title III, Dec. 27, 2000, 114 Stat. 3043, provided that:
“SEC. 301. SHORT TITLE.
“This title may be cited as the ‘Rails to Resources Act of 2000’.
“SEC. 302. FINDINGS.
“Congress finds that—
“(1) rail transportation is an essential component of the North American intermodal transportation system;
“(2) the development of economically strong and socially stable communities in the western United States and Canada was encouraged significantly by government policies promoting the development of integrated transcontinental, interstate and interprovincial rail systems in the States, territories and provinces of the two countries;
“(3) United States and Canadian federal support for the completion of new elements of the transcontinental, interstate and interprovincial rail systems was halted before rail connections were established to the State of Alaska and the Yukon Territory;
“(4) rail transportation in otherwise isolated areas facilitates controlled access and may reduce overall impact to environmentally sensitive areas;
“(5) the extension of the continental rail system through northern British Columbia and the Yukon Territory to the current terminus of the Alaska Railroad would significantly benefit the United States and Canadian visitor industries by facilitating the comfortable movement of passengers over long distances while minimizing effects on the surrounding areas; and
“(6) ongoing research and development efforts in the rail industry continue to increase the efficiency of rail transportation, ensure safety, and decrease the impact of rail service on the environment.
“SEC. 303. AGREEMENT FOR A UNITED STATES-CANADA BILATERAL COMMISSION.
“The President is authorized and urged to enter into an agreement with the Government of Canada to establish an independent joint commission to study the feasibility and advisability of linking the rail system in Alaska to the nearest appropriate point on the North American continental rail system.
“SEC. 304. COMPOSITION OF COMMISSION.
“(a)
“(1)
“(2)
“(A) the interests of the local communities (including the governments of the communities), aboriginal peoples, and businesses that would be affected by the connection of the rail system in Alaska to the North American continental rail system; and
“(B) a broad range of expertise in areas of knowledge that are relevant to the significant issues to be considered by the Commission, including economics, engineering, management of resources, social sciences, fish and game management, environmental sciences, and transportation.
“(b)
“(1) Two members from among persons who are qualified to represent the interests of communities and local governments of Alaska.
“(2) One member representing the State of Alaska, to be nominated by the Governor of Alaska.
“(3) One member from among persons who are qualified to represent the interests of Native Alaskans residing in the area of Alaska that would be affected by the extension of rail service.
“(4) Three members from among persons involved in commercial activities in Alaska who are qualified to represent commercial interests in Alaska, of which one shall be a representative of the Alaska Railroad Corporation.
“(5) One member representing United States Class I rail carriers and one member representing United States rail labor.
“(6) Three members with relevant expertise, at least one of whom shall be an engineer with expertise in subarctic transportation and at least one of whom shall have expertise on the environmental impact of such transportation.
“(c)
“SEC. 305. GOVERNANCE AND STAFFING OF COMMISSION.
“(a)
“(b)
“(1)
“(2)
“(c)
“(1)
“(2)
“(d)
“(e)
“(f)
“SEC. 306. DUTIES.
“(a)
“(1)
“(2)
“(A) Railroad engineering.
“(B) Land ownership.
“(C) Geology.
“(D) Proximity to mineral, timber, tourist, and other resources.
“(E) Market outlook.
“(F) Environmental considerations.
“(G) Social effects, including changes in the use or availability of natural resources.
“(H) Potential financing mechanisms.
“(3)
“(4)
“(b)
“SEC. 307. COMMENCEMENT AND TERMINATION OF COMMISSION.
“(a)
“(b)
“SEC. 308. FUNDING.
“(a)
“(1)
“(2)
“(3)
“(4)
“(b)
“SEC. 309. DEFINITIONS.
“In this title:
“(1)
“(2)
§28101. Rail police officers
(a)
(1) employees, passengers, or patrons of the rail carrier;
(2) property, equipment, and facilities owned, leased, operated, or maintained by the rail carrier;
(3) property moving in interstate or foreign commerce in the possession of the rail carrier; and
(4) personnel, equipment, and material moving by rail that are vital to the national defense.
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 939, §26101; renumbered §28101, Pub. L. 103–440, title I, §103(a)(1), Nov. 2, 1994, 108 Stat. 4616; amended Pub. L. 110–53, title XV, §1526(a), Aug. 3, 2007, 121 Stat. 452.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 26101 | 45:446. | Nov. 29, 1990, Pub. L. 101–647, §1704, 104 Stat. 4846. |
The words “to the extent of the authority of a police officer certified or commissioned under the laws of that jurisdiction” are placed before clause (1) rather than at the end of clause (4), as in the source provision, to reflect the probable intent of Congress.
Amendments
2007—Pub. L. 110–53 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
1994—Pub. L. 103–440 renumbered section 26101 of this title as this section.
§28102. Limit on certain accident or incident liability
(a)
(b)
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 940, §26102; renumbered §28102, Pub. L. 103–440, title I, §103(a)(1), Nov. 2, 1994, 108 Stat. 4616.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 26102(a) | 45:649(a) (1st sentence). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §810; added July 6, 1990, Pub. L. 101–322, §3, 104 Stat. 295. |
| 26102(b) | 45:649(a) (last sentence). | |
| 26102(c) | 45:649(b). |
In subsection (a), the words “Notwithstanding any other provision of law”, “whether for compensatory or”, and “occurring” are omitted as surplus.
In subsection (c), the words “an indemnification contract” are substituted for “coverage” for clarity.
Amendments
1994—Pub. L. 103–440 renumbered section 26102 of this title as this section.
§28103. Limitations on rail passenger transportation liability
(a)
(2) The aggregate allowable awards to all rail passengers, against all defendants, for all claims, including claims for punitive damages, arising from a single accident or incident, shall not exceed $200,000,000.
(b)
(c)
(d)
(e)
(1) the term “claim” means a claim made—
(A) against Amtrak, any high-speed railroad authority or operator, any commuter authority or operator, any rail carrier, or any State; or
(B) against an officer, employee, affiliate engaged in railroad operations, or agent, of Amtrak, any high-speed railroad authority or operator, any commuter authority or operator, any rail carrier, or any State;
(2) the term “punitive damages” means damages awarded against any person or entity to punish or deter such person or entity, or others, from engaging in similar behavior in the future; and
(3) the term “rail carrier” includes a person providing excursion, scenic, or museum train service, and an owner or operator of a privately owned rail passenger car.
(Added Pub. L. 105–134, title I, §161(a), Dec. 2, 1997, 111 Stat. 2577.)
References in Text
The Federal Employers’ Liability Act, referred to in subsec. (d), is act Apr. 22, 1908, ch. 149, 35 Stat. 65, as amended, which is classified generally to chapter 2 (§51 et seq.) of Title 45, Railroads. For complete classification of this Act to the Code, see Short Title note set out under section 51 of Title 45 and Tables.
CHAPTER 283—STANDARD WORK DAY
§28301. General
(a)
(1) a State of the United States or the District of Columbia to any other State or the District of Columbia;
(2) one place in a territory or possession of the United States to another place in the same territory or possession;
(3) a place in the United States to an adjacent foreign country; or
(4) a place in the United States through a foreign country to any other place in the United States.
(b)
(1) does not apply to—
(A) an independently owned and operated railroad not exceeding one hundred miles in length;
(B) an electric street railroad; and
(C) an electric interurban railroad; but
(2) does apply to an independently owned and operated railroad less than one hundred miles in length—
(A) whose principal business is leasing or providing terminal or transfer facilities to other railroads; or
(B) engaged in transfers of freight between railroads or between railroads and industrial plants.
(Added Pub. L. 104–287, §5(56)(A), Oct. 11, 1996, 110 Stat. 3394.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 28301 | 45:65. | Sept. 3, 5, 1916, ch. 436, §1, 39 Stat. 721. |
| (uncodified). | Sept. 3, 5, 1916, ch. 436, §§2, 3, 39 Stat. 721. |
In subsection (a), the word “determining” is substituted for “reckoning” for clarity. The words “who are not or may hereafter be employed” are omitted as surplus. In clause (1), the words “or territory” are omitted because the existing territories of the United States are now connected to the United States by rail. In clause (2), the words “or possession of the United States” are added for consistency in the revised title and with other titles of the United States Code.
The text of sections 2 and 3 of the Act of September 3, 5, 1916 (ch. 436, 39 Stat. 721), is omitted to eliminate executed provisions.
§28302. Penalties
A person violating section 28301 of this title shall be fined under title 18, imprisoned not more than one year, or both.
(Added Pub. L. 104–287, §5(56)(A), Oct. 11, 1996, 110 Stat. 3394.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 28302 | 45:66. | Sept. 3, 5, 1916, ch. 436, §4, 39 Stat. 722. |
The words “shall be guilty of a misdemeanor” are omitted, and the words “shall be fined under title 18” are substituted for “shall be fined not less than $100 and not more than $1,000”, for consistency with title 18. The words “upon conviction” are omitted as surplus.
SUBTITLE VI—MOTOR VEHICLE AND DRIVER PROGRAMS
PART A—GENERAL
PART B—COMMERCIAL
PART C—INFORMATION, STANDARDS, AND REQUIREMENTS
Amendments
1997—Pub. L. 105–102, §2(17), Nov. 20, 1997, 111 Stat. 2205, substituted “National Motor Vehicle Title Information System” for “National Automobile Title Information System” in item for chapter 305.
1 So in original. Probably should be “31100”.
PART A—GENERAL
CHAPTER 301—MOTOR VEHICLE SAFETY
SUBCHAPTER I—GENERAL
SUBCHAPTER II—STANDARDS AND COMPLIANCE
SUBCHAPTER III—IMPORTING NONCOMPLYING MOTOR VEHICLES AND EQUIPMENT
SUBCHAPTER IV—ENFORCEMENT AND ADMINISTRATIVE
Amendments
2005—Pub. L. 109–59, title X, §10303(a), Aug. 10, 2005, 119 Stat. 1940, which directed amendment of the table of sections for chapter 301 by adding item 30128, without specifying the title to be amended, was executed to the table of sections for this chapter, to reflect the probable intent of Congress.
Pub. L. 109–59, title X, §10208(b), Aug. 10, 2005, 119 Stat. 1936, added item 30106.
2000—Pub. L. 106–414, §5(b)(2), Nov. 1, 2000, 114 Stat. 1804, added item 30170.
1998—Pub. L. 105–178, title VII, §7104(b), June 9, 1998, 112 Stat. 467, added item 30105.
1 So in original. Does not conform to section catchline.
SUBCHAPTER I—GENERAL
§30101. Purpose and policy
The purpose of this chapter is to reduce traffic accidents and deaths and injuries resulting from traffic accidents. Therefore it is necessary—
(1) to prescribe motor vehicle safety standards for motor vehicles and motor vehicle equipment in interstate commerce; and
(2) to carry out needed safety research and development.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 941.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30101 | 15:1381. | Sept. 9, 1966, Pub. L. 89–563, §1, 80 Stat. 718. |
The words “Congress hereby declares that”, “to persons”, and “Congress determines that” are omitted as surplus. The words “motor vehicle” before “equipment” are added for consistency. The words “and to expand the national driver register” are omitted because section 401 of the National Traffic and Motor Vehicle Safety Act of 1966 (Public Law 89–563, 80 Stat. 730), the only section in this law related to the national driver register, was superseded by the National Driver Register Act of 1982 (Public Law 97–364, 96 Stat. 1740).
Short Title of 2007 Amendment
Pub. L. 110–140, title I, §101, Dec. 19, 2007, 121 Stat. 1498, provided that: “This subtitle [subtitle A (§§101–113) of title I of Pub. L. 110–140, enacting section 32304A of this title, amending sections 32308, 32901 to 32904, 32905, 32906, 32908, and 32912 of this title, and enacting provisions set out as notes under sections 32902, 32904, and 32908 of this title] may be cited as the ‘Ten-in-Ten Fuel Economy Act’.”
Short Title of 2005 Amendment
Pub. L. 109–59, title IV, §4001, Aug. 10, 2005, 119 Stat. 1714, provided that: “This title [see Tables for classification] may be cited as the ‘Motor Carrier Safety Reauthorization Act of 2005’.”
Short Title of 2000 Amendment
Pub. L. 106–414, §1, Nov. 1, 2000, 114 Stat. 1800, provided that: “This Act [enacting section 30170 of this title, amending sections 30115, 30117, 30118, 30120, 30165, and 30166 of this title, and enacting provisions set out as notes under sections 30111, 30115, 30118, 30123, and 30127 of this title] may be cited as the ‘Transportation Recall Enhancement, Accountability, and Documentation (TREAD) Act’.”
Short Title of 1998 Amendment
Pub. L. 105–178, title VII, §7101, June 9, 1998, 112 Stat. 465, provided that: “This subtitle [subtitle A (§§7101–7107) of title VII of Pub. L. 105–178, enacting section 30105 of this title, amending sections 30104, 30114, 30120, 30123, 30127, 32102, 32304, and 32705 of this title, and enacting provisions set out as notes under this section and sections 30114 and 30127 of this title] may be cited as the ‘National Highway Traffic Safety Administration Reauthorization Act of 1998’.”
Short Title of 1996 Amendment
Pub. L. 104–152, §1, July 2, 1996, 110 Stat. 1384, provided that: “This Act [amending sections 30501 to 30505 and 33109 of this title and enacting provisions set out as a note under section 30502 of this title] may be cited as the ‘Anti-Car Theft Improvements Act of 1996’.”
Side-Impact Crash Protection Rulemaking
Pub. L. 109–59, title X, §10302, Aug. 10, 2005, 119 Stat. 1940, provided that:
“(a)
“(b)
“(1) notify the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce and explain why that deadline cannot be met; and
“(2) establish a new deadline.”
Vehicle Backover Avoidance Technology Study; Nontraffic Incident Data Collection
Pub. L. 109–59, title X, §§10304, 10305, Aug. 10, 2005, 119 Stat. 1940, 1941, provided that:
“SEC. 10304. VEHICLE BACKOVER AVOIDANCE TECHNOLOGY STUDY.
“(a)
“(b)
“(1) include an analysis of backover prevention technology;
“(2) identify, evaluate, and compare the available technologies for detecting people or objects behind a motor vehicle with a gross vehicle weight rating of not more than 10,000 pounds for their accuracy, effectiveness, cost, and feasibility for installation; and
“(3) provide an estimate of cost savings that would result from widespread use of backover prevention devices and technologies in motor vehicles with a gross vehicle weight rating of not more than 10,000 pounds, including savings attributable to the prevention of—
“(A) injuries and fatalities; and
“(B) damage to bumpers and other motor vehicle parts and damage to other objects.
“SEC. 10305. NONTRAFFIC INCIDENT DATA COLLECTION.
“(a)
“(b)
Study on Interior Device To Release Trunk Lid
Pub. L. 105–178, title VII, §7106(e), June 9, 1998, 112 Stat. 469, required the National Highway Traffic Safety Administration to conduct a study of the benefits to motor vehicle drivers of a regulation to require the installation in a motor vehicle of an interior device to release the trunk lid and to submit a report on the results of the study to the Committee on Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not later than 18 months after June 9, 1998.
National Highway Traffic Safety Administration Authorization Act of 1991
Pub. L. 102–240, title II, part B, Dec. 18, 1991, 105 Stat. 2081, as amended by Pub. L. 103–272, §7(b), July 5, 1994, 108 Stat. 1379, provided that:
“SEC. 2500. SHORT TITLE.
“This part may be cited as the ‘National Highway Traffic Safety Administration Authorization Act of 1991’.
“[SEC. 2501. Repealed. Pub. L. 103–272, §7(b), July 5, 1994, 108 Stat. 1379.]
“SEC. 2502. GENERAL PROVISIONS.
“(a)
“(1) the term ‘bus’ means a motor vehicle with motive power, except a trailer, designed for carrying more than 10 persons;
“(2) the term ‘multipurpose passenger vehicle’ means a motor vehicle with motive power (except a trailer), designed to carry 10 persons or fewer, which is constructed either on a truck chassis or with special features for occasional off-road operation;
“(3) the term ‘passenger car’ means a motor vehicle with motive power (except a multipurpose passenger vehicle, motorcycle, or trailer), designed for carrying 10 persons or fewer;
“(4) the term ‘truck’ means a motor vehicle with motive power, except a trailer, designed primarily for the transportation of property or special purpose equipment; and
“(5) the term ‘Secretary’ means the Secretary of Transportation.
“(b)
“(1)
“(2)
“(A)
“(B)
“(i)
“(ii)
“(iii)
“(I)
“(II)
“(C)
“SEC. 2503. MATTERS BEFORE THE SECRETARY.
“The Secretary shall address the following matters in accordance with section 2502:
“(1) Protection against unreasonable risk of rollovers of passenger cars, multipurpose passenger vehicles, and trucks with a gross vehicle weight rating of 8,500 pounds or less and an unloaded vehicle weight of 5,500 pounds or less.
“(2) Extension of passenger car side impact protection to multipurpose passenger vehicles and trucks with a gross vehicle weight rating of 8,500 pounds or less and an unloaded vehicle weight of 5,500 pounds or less.
“(3) Safety of child booster seats used in passenger cars and other appropriate motor vehicles.
“(4) Improved design for safety belts.
“(5) Improved head impact protection from interior components of passenger cars (i.e. roof rails, pillars, and front headers).
“[SECS. 2504, 2505. Repealed. Pub. L. 103–272, §7(b), July 5, 1994, 108 Stat. 1379.]
“SEC. 2506. REAR SEATBELTS.
“The Secretary shall expend such portion of the funds authorized to be appropriated under the Motor Vehicle Information and Cost Savings Act ([formerly] 15 U.S.C. 1901 et seq.), for fiscal year 1993, as the Secretary deems necessary for the purpose of disseminating information to consumers regarding the manner in which passenger cars may be retrofitted with lap and shoulder rear seatbelts.
“SEC. 2507. BRAKE PERFORMANCE STANDARDS FOR PASSENGER CARS.
“Not later than December 31, 1993, the Secretary, in accordance with the National Traffic and Motor Vehicle Safety Act of 1966 [formerly 15 U.S.C. 1381 et seq.], shall publish an advance notice of proposed rulemaking to consider the need for any additional brake performance standards for passenger cars, including antilock brake standards. The Secretary shall complete such rulemaking (in accordance with section 2502(b)(2)(B)(ii)) not later than 36 months from the date of initiation of such advance notice of proposed rulemaking. In order to facilitate and encourage innovation and early application of economical and effective antilock brake systems for all such vehicles, the Secretary shall, as part of the rulemaking, consider any such brake system adopted by a manufacturer.
“[SEC. 2508. Repealed. Pub. L. 103–272, §7(b), July 5, 1994, 108 Stat. 1379.]
“SEC. 2509. HEAD INJURY IMPACT STUDY.
“The Secretary, in the case of any head injury protection matters not subject to section 2503(5) for which the Secretary is on the date of enactment of this Act [Dec. 18, 1991] examining the need for rulemaking and is conducting research, shall provide a report to Congress by the end of fiscal year 1993 identifying those matters and their status. The report shall include a statement of any actions planned toward initiating such rulemaking no later than fiscal year 1994 or 1995 through use of either an advance notice of proposed rulemaking or a notice of proposed rulemaking and completing such rulemaking as soon as possible thereafter.”
Fuel System Integrity Standard
Pub. L. 93–492, title I, §108, Oct. 27, 1974, 88 Stat. 1482, provided that:
“(a)
“(b)
Ex. Ord. No. 11357. Administration of Traffic and Motor Vehicle Safety Through National Highway Safety Bureau and Its Director
Ex. Ord. No. 11357, June 6, 1967, 32 F.R. 8225, provided:
By virtue of the authority vested in me as President of the United States by Section 201 of the Highway Safety Act of 1966, as amended (80 Stat. 735, 943) [set out as a note under section 401 of Title 23, Highways], and by Section 3(f)(3) of the Department of Transportation Act (80 Stat. 932) [former 49 U.S.C. 1652(f)(3)], it is hereby ordered that the provisions of the National Traffic and Motor Vehicle Safety Act of 1966, as amended (80 Stat. 718, 943) [formerly 15 U.S.C. 1381 et seq.], shall be carried out through the National Highway Safety Bureau and the Director thereof.
Lyndon B. Johnson.
§30102. Definitions
(a)
(1) “dealer” means a person selling and distributing new motor vehicles or motor vehicle equipment primarily to purchasers that in good faith purchase the vehicles or equipment other than for resale.
(2) “defect” includes any defect in performance, construction, a component, or material of a motor vehicle or motor vehicle equipment.
(3) “distributor” means a person primarily selling and distributing motor vehicles or motor vehicle equipment for resale.
(4) “interstate commerce” means commerce between a place in a State and a place in another State or between places in the same State through another State.
(5) “manufacturer” means a person—
(A) manufacturing or assembling motor vehicles or motor vehicle equipment; or
(B) importing motor vehicles or motor vehicle equipment for resale.
(6) “motor vehicle” means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public streets, roads, and highways, but does not include a vehicle operated only on a rail line.
(7) “motor vehicle equipment” means—
(A) any system, part, or component of a motor vehicle as originally manufactured;
(B) any similar part or component manufactured or sold for replacement or improvement of a system, part, or component, or as an accessory or addition to a motor vehicle; or
(C) any device or an article or apparel (except medicine or eyeglasses prescribed by a licensed practitioner) that is not a system, part, or component of a motor vehicle and is manufactured, sold, delivered, offered, or intended to be used only to safeguard motor vehicles and highway users against risk of accident, injury, or death.
(8) “motor vehicle safety” means the performance of a motor vehicle or motor vehicle equipment in a way that protects the public against unreasonable risk of accidents occurring because of the design, construction, or performance of a motor vehicle, and against unreasonable risk of death or injury in an accident, and includes nonoperational safety of a motor vehicle.
(9) “motor vehicle safety standard” means a minimum standard for motor vehicle or motor vehicle equipment performance.
(10) “State” means a State of the United States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, Guam, American Samoa, and the Virgin Islands.
(11) “United States district court” means a district court of the United States, a United States court for Guam, the Virgin Islands, and American Samoa, and the district court for the Northern Mariana Islands.
(b)
(A) “adequate repair” does not include repair resulting in substantially impaired operation of a motor vehicle or motor vehicle equipment;
(B) “first purchaser” means the first purchaser of a motor vehicle or motor vehicle equipment other than for resale;
(C) “original equipment” means motor vehicle equipment (including a tire) installed in or on a motor vehicle at the time of delivery to the first purchaser;
(D) “replacement equipment” means motor vehicle equipment (including a tire) that is not original equipment;
(E) a brand name owner of a tire marketed under a brand name not owned by the manufacturer of the tire is deemed to be the manufacturer of the tire;
(F) a defect in original equipment, or noncompliance of original equipment with a motor vehicle safety standard prescribed under this chapter, is deemed to be a defect or noncompliance of the motor vehicle in or on which the equipment was installed at the time of delivery to the first purchaser;
(G) a manufacturer of a motor vehicle in or on which original equipment was installed when delivered to the first purchaser is deemed to be the manufacturer of the equipment; and
(H) a retreader of a tire is deemed to be the manufacturer of the tire.
(2) The Secretary of Transportation may prescribe regulations changing paragraph (1)(C), (D), (F), or (G) of this subsection.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 941.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30102(a)(1) | 15:1391(7). | Sept. 9, 1966, Pub. L. 89–563, §102(1)–(3), (5)–(9), (11), (12), 80 Stat. 718, 719. |
| 15:1391(10). | Sept. 9, 1966, Pub. L. 89–563, §102(10), 80 Stat. 718; restated Oct. 27, 1974, Pub. L. 93–492, §110(a), 88 Stat. 1484. | |
| 49 App.:1655(a)(6)(A). | Oct. 15, 1966, Pub. L. 89–670, §6(a)(6)(A), 80 Stat. 938. | |
| 30102(a)(2) | 15:1391(11). | |
| 30102(a)(3) | 15:1391(6). | |
| 30102(a)(4) | 15:1391(9). | |
| 30102(a)(5) | 15:1391(5). | |
| 30102(a)(6) | 15:1391(3). | |
| 30102(a)(7) | 15:1391(4). | Sept. 9, 1966, Pub. L. 89–563, §102(4), 80 Stat. 718; restated May 22, 1970, Pub. L. 91–265, §2, 84 Stat. 262. |
| 30102(a)(8) | 15:1391(1). | |
| 30102(a)(9) | 15:1391(2). | |
| 30102(a)(10) | 15:1391(8). | |
| 30102(a)(11) | 15:1391(12). | |
| 30102(b) | 15:1419. | Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, §159; added Oct. 27, 1974, Pub. L. 93–492, §102(a), 88 Stat. 1476. |
In subsection (a), the definitions apply to the entire chapter because of references in 15:1421–1431 applying 15:1391–1420 to 15:1421–1431. Before clause (1), the words “As used” are omitted as surplus. In clause (1), the text of 15:1391(10) and 49 App.:1655(a)(6)(A) is omitted as surplus because the complete name of the Secretary of Transportation is used the first time the term appears in a section. The words “selling and distributing” are substituted for “who is engaged in the sale and distribution of” to eliminate unnecessary words. The word “purposes” is omitted as surplus. In clause (3), the words “selling and distributing” are substituted for “engaged in the sale and distribution of” to eliminate unnecessary words. In clause (5)(A), the words “manufacturing or assembling” are substituted for “engaged in the manufacturing or assembling of” to eliminate unnecessary words. In clause (7), the words “physician or other duly” and “drivers, passengers, and other” are omitted as surplus. In clause (8), the words “is also protected” and “to persons” are omitted as unnecessary. In clause (9), the words “which is practicable, which meets the need for motor vehicle safety and which provides objective criteria” are omitted as unnecessary because of 15:1392(a) which is restated in section 30111 of the revised title. In clauses (10) and (11), the words “the Northern Mariana Islands” are added because of section 502(a)(2) of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, as enacted by the Act of March 24, 1976 (Public Law 94–241, 90 Stat. 268), and as proclaimed to be in effect by the President on January 9, 1978 (Proc. No. 4534, Oct. 24, 1977, 42 F.R. 56593). The words “the Canal Zone” are omitted because of the Panama Canal Treaty of 1977. In clause (10), the word “means” is substituted for “includes” as being more appropriate. The words “a State of the United States” are substituted for “each of the several States” for consistency. The words “the Commonwealth of” are omitted as surplus. In clause (11), the word “Federal” is omitted as surplus. The words “of the Commonwealth of Puerto Rico” are omitted as unnecessary because the district court of Puerto Rico is a district court of the United States under 28:119.
In subsection (b)(1), before clause (A), the words “The term” and “the term” are omitted as surplus. In clause (B), the words “of a motor vehicle or motor vehicle equipment” are added for clarity. In clause (E), the words “to be” are added for consistency. The words “marketed under such brand name” are omitted as surplus. In clause (F), the words “a motor vehicle safety standard prescribed under this chapter” are added for clarity and consistency. The word “noncompliance” is substituted for “failure to comply” for consistency in the chapter. In clause (G), the words “(rather than the manufacturer of such equipment)” are omitted as surplus. The words “deemed to be” are substituted for “considered” for consistency. In clause (H), the words “which have been” are omitted as surplus.
Subsection (b)(2) is substituted for “Except as otherwise provided in regulations of the Secretary” for clarity and because of the restatement.
Low-Speed Electric Bicycles
Pub. L. 107–319, §2, Dec. 4, 2002, 116 Stat. 2776, provided that: “For purposes of motor vehicle safety standards issued and enforced pursuant to chapter 301 of title 49, United States Code, a low-speed electric bicycle (as defined in section 38(b) of the Consumer Product Safety Act [15 U.S.C. 2085(b)]) shall not be considered a motor vehicle as defined by section 30102(6) of title 49, United States Code.”
§30103. Relationship to other laws
(a)
(b)
(2) A State may enforce a standard that is identical to a standard prescribed under this chapter.
(c)
(1) exempt from the antitrust laws conduct that is unlawful under those laws; or
(2) prohibit under the antitrust laws conduct that is lawful under those laws.
(d)
(e)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 943; Pub. L. 104–88, title III, §308(j), Dec. 29, 1995, 109 Stat. 947.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30103(a) | 15:1392(g). | Sept. 9, 1966, Pub. L. 89–563, §§103(g), 105(a)(6), 116, 80 Stat. 720, 721, 727. |
| 30103(b) | 15:1392(d). | Sept. 9, 1966, Pub. L. 89–563, §103(d), 80 Stat. 719; Oct. 15, 1982, Pub. L. 97–331, §3, 96 Stat. 1619. |
| 30103(c) | 15:1405. | |
| 30103(d) | 15:1394(a)(6). | |
| 15:1410a(e). | Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, §§124(e), 160; added Oct. 27, 1974, Pub. L. 93–492, §§102(a), 106, 88 Stat. 1477, 1481. | |
| 15:1420. | ||
| 30103(e) | 15:1397(k). | Sept. 9, 1966, Pub. L. 89–563, §108(k), 80 Stat. 723; Oct. 31, 1988, Pub. L. 100–562, §2(b), 102 Stat. 2818. |
In subsection (a), the words “or the Transportation of Explosives Act, as amended (18 U.S.C. 831–835)” are omitted as obsolete because 18:831–835 have been repealed. The word “prescribe” is substituted for “adopt” for consistency. The words “or continue in effect” and “In prescribing safety regulations” are omitted as surplus. The word “prescribed” is substituted for “issued” for consistency. The words “to comply” and “Federal” are omitted as surplus. The words “in effect” are added for clarity.
In subsection (b)(1), the word “Federal” is omitted as surplus. The word “prescribe” is substituted for “either to establish, or to continue in effect” for consistency and to eliminate unnecessary words. The words “standard prescribed under this chapter” are substituted for “Federal standard” for clarity. The words “However, the United States . . . may prescribe” are substituted for “Nothing in this section shall be construed to prevent the Federal . . . from establishing” for consistency. The words “of a State” are substituted for “thereof” for clarity. The word “standard” is substituted for “safety requirement” for consistency. The words “performance requirement” are substituted for “standard of performance” to avoid using “standard” in 2 different ways.
Subsection (b)(2) is substituted for 15:1392(d) (2d sentence) for consistency and to eliminate unnecessary words.
In subsection (c), the words “be deemed to” and “of the United States” are omitted as surplus.
In subsection (d), the words “United States” are substituted for “Federal” in 15:1420 for consistency. The words “Consumer” in 15:1420, “not in lieu of” in 15:1410a(e) and 1420, and “not in substitution for” in 15:1394(a)(6) are omitted as surplus. The word “other” is added for clarity.
Amendments
1995—Subsec. (a). Pub. L. 104–88 substituted “subchapter I of chapter 135” for “subchapter II of chapter 105” in two places.
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 701 of this title.
§30104. Authorization of appropriations
There is authorized to be appropriated to the Secretary $98,313,500 for the National Highway Traffic Safety Administration to carry out this part in each fiscal year beginning in fiscal year 1999 and ending in fiscal year 2001.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 944; Pub. L. 105–178, title VII, §7102(a), June 9, 1998, 112 Stat. 465; Pub. L. 106–39, §1(a), July 28, 1999, 113 Stat. 206.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30104 | 15:1392 (note). | Dec. 18, 1991, Pub. L. 102–240, §2501(a), 105 Stat. 2081. |
In this section, before clause (1), the words “to the Secretary of Transportation for the National Highway Traffic Safety Administration” are substituted for “For the National Highway Traffic Safety Administration” for clarity and consistency in the revised title and with other titles of the United States Code. The reference to fiscal year 1992 is omitted as obsolete.
Amendments
1999—Pub. L. 106–39 substituted “$98,313,500” for “$81,200,000”.
1998—Pub. L. 105–178 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: “The following amounts may be appropriated to the Secretary of Transportation for the National Highway Traffic Safety Administration to carry out this chapter:
“(1) $71,333,436 for the fiscal year ending September 30, 1993.
“(2) $74,044,106 for the fiscal year ending September 30, 1994.
“(3) $76,857,782 for the fiscal year ending September 30, 1995.”
§30105. Restriction on lobbying activities
(a)
(b)
(Added and amended Pub. L. 105–178, title VII, §7104(a), (c), June 9, 1998, 112 Stat. 466; Pub. L. 105–206, title IX, §9012(a), July 22, 1998, 112 Stat. 864.)
Amendments
1998—Subsec. (a). Pub. L. 105–178, §7104(c), as added by Pub. L. 105–206, inserted “for the National Highway Traffic Safety Administration” after “Secretary”.
Effective Date of 1998 Amendment
Title IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, and provisions of Pub. L. 105–178, as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105–206 to be treated as not enacted, see section 9016 of Pub. L. 105–206, set out as a note under section 101 of Title 23, Highways.
§30106. Rented or leased motor vehicle safety and responsibility
(a)
(1) the owner (or an affiliate of the owner) is engaged in the trade or business of renting or leasing motor vehicles; and
(2) there is no negligence or criminal wrongdoing on the part of the owner (or an affiliate of the owner).
(b)
(1) imposing financial responsibility or insurance standards on the owner of a motor vehicle for the privilege of registering and operating a motor vehicle; or
(2) imposing liability on business entities engaged in the trade or business of renting or leasing motor vehicles for failure to meet the financial responsibility or liability insurance requirements under State law.
(c)
(d)
(1)
(2)
(A) a record or beneficial owner, holder of title, lessor, or lessee of a motor vehicle;
(B) entitled to the use and possession of a motor vehicle subject to a security interest in another person; or
(C) a lessor, lessee, or a bailee of a motor vehicle, in the trade or business of renting or leasing motor vehicles, having the use or possession thereof, under a lease, bailment, or otherwise.
(3)
(Added Pub. L. 109–59, title X, §10208(a), Aug. 10, 2005, 119 Stat. 1935.)
References in Text
The date of enactment of this section, referred to in subsec. (c), is the date of enactment of Pub. L. 109–59, which was approved Aug. 10, 2005.
SUBCHAPTER II—STANDARDS AND COMPLIANCE
§30111. Standards
(a)
(b)
(1) consider relevant available motor vehicle safety information;
(2) consult with the agency established under the Act of August 20, 1958 (Public Law 85–684, 72 Stat. 635), and other appropriate State or interstate authorities (including legislative committees);
(3) consider whether a proposed standard is reasonable, practicable, and appropriate for the particular type of motor vehicle or motor vehicle equipment for which it is prescribed; and
(4) consider the extent to which the standard will carry out section 30101 of this title.
(c)
(d)
(e) 5-
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 944.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30111(a) | 15:1392(a), (b), (e) (1st sentence). | Sept. 9, 1966, Pub. L. 89–563, §§102(13), 103(a)–(c), (e), (f), 107 (related to standards), 80 Stat. 719, 721. |
| 30111(b) | 15:1391(13). | |
| 15:1392(f). | ||
| 30111(c) | 15:1396 (related to standards). | |
| 30111(d) | 15:1392(c), (e) (last sentence). | |
| 30111(e) | 15:1392(j). | Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, §103(j); added Dec. 18, 1991, Pub. L. 102–240, §2505, 105 Stat. 2084. |
In subsection (a), the words “shall prescribe” are substituted for “shall establish by order” in 15:1392(a) and “may by order” in 15:1392(e) (1st sentence) for consistency. The words “amend or revoke” in 15:1392(e) (1st sentence) and 1397(b)(1) (last sentence) are omitted because they are included in “prescribe”. The words “appropriate Federal” in 15:1392(a) and “Federal” in 15:1392(e) (1st sentence) are omitted as surplus. The words “established under this section” are omitted because of the restatement. The text of 15:1392(b) is omitted as surplus because 5:chs. 5, subch. II, and 7 apply unless otherwise stated.
In subsection (b)(1), the words “including the results of research, development, testing and evaluation activities conducted pursuant to this chapter” are omitted as surplus.
In subsection (b)(2), the words “agency established under the Act of August 20, 1958 (Public Law 85–684, 72 Stat. 635)” are substituted for 15:1391(13) and “the Vehicle Equipment Safety Commission” in 15:1392(f) because of the restatement. The citation in parenthesis is included only for information purposes.
In subsection (b)(4), the words “contribute to” are omitted as surplus.
In subsection (c), the words “departments, agencies, and instrumentalities of the United States Government, States, and other public and private agencies” are substituted for “other Federal departments and agencies, and State and other interested public and private agencies” for consistency. The words “planning and” are omitted as surplus.
In subsection (d), the words “The Secretary” are added for clarity. The words “effective date” are substituted for “the date . . . is to take effect” to eliminate unnecessary words. The words “under this chapter” are added for clarity. The words “However, the Secretary may prescribe a different effective date” are substituted for “unless the Secretary” for clarity. The word “different” is substituted for “earlier or later” to eliminate unnecessary words.
In subsection (e), the words “duties and powers” are substituted for “responsibilities”, and the word “change” is substituted for “adjust”, and for clarity and consistency in the revised title.
References in Text
Act of August 20, 1958, referred to in subsec. (b)(2), is set out as a note under former section 313 of Title 23, Highways.
Improving Criteria Used in a Recall
Pub. L. 106–414, §15, Nov. 1, 2000, 114 Stat. 1808, provided that:
“(a)
“(b)
§30112. Prohibitions on manufacturing, selling, and importing noncomplying motor vehicles and equipment
(a)
(2) Except as provided in this section, sections 30113 and 30114 of this title, and subchapter III of this chapter, a school or school system may not purchase or lease a new 15-passenger van if it will be used significantly by, or on behalf of, the school or school system to transport preprimary, primary, or secondary school students to or from school or an event related to school, unless the 15-passenger van complies with the motor vehicle standards prescribed for school buses and multifunction school activity buses under this title. This paragraph does not apply to the purchase or lease of a 15-passenger van under a contract executed before the date of enactment of this paragraph.
(b)
(1) the sale, offer for sale, or introduction or delivery for introduction in interstate commerce of a motor vehicle or motor vehicle equipment after the first purchase of the vehicle or equipment in good faith other than for resale;
(2) a person—
(A) establishing that the person had no reason to know, despite exercising reasonable care, that a motor vehicle or motor vehicle equipment does not comply with applicable motor vehicle safety standards prescribed under this chapter; or
(B) holding, without knowing about the noncompliance and before the vehicle or equipment is first purchased in good faith other than for resale, a certificate issued by a manufacturer or importer stating the vehicle or equipment complies with applicable standards prescribed under this chapter;
(3) a motor vehicle or motor vehicle equipment intended only for export, labeled for export on the vehicle or equipment and on the outside of any container of the vehicle or equipment, and exported;
(4) a motor vehicle the Secretary of Transportation decides under section 30141 of this title is capable of complying with applicable standards prescribed under this chapter;
(5) a motor vehicle imported for personal use by an individual who receives an exemption under section 30142 of this title;
(6) a motor vehicle under section 30143 of this title imported by an individual employed outside the United States;
(7) a motor vehicle under section 30144 of this title imported on a temporary basis;
(8) a motor vehicle or item of motor vehicle equipment under section 30145 of this title requiring further manufacturing; or
(9) a motor vehicle that is at least 25 years old.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 945; Pub. L. 109–59, title X, §10309(b), Aug. 10, 2005, 119 Stat. 1942.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30112(a) | 15:1397(a)(1)(A). | Sept. 9, 1966, Pub. L. 89–563, §108(a)(1)(A), 80 Stat. 722; Oct. 27, 1974, Pub. L. 93–492, §103(a)(1), 88 Stat. 1477; Oct. 31, 1988, Pub. L. 100–562, §2(c), (d), 102 Stat. 2824. |
| 15:1397(c)(1). | Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, §108(c)(1), (i); added Oct. 31, 1988, Pub. L. 100–562, §2(b), 102 Stat. 2818, 2823. | |
| 30112(b) (1)–(3) | 15:1397(a)(2)(D), (b)(1) (1st sentence), (2). | Sept. 9, 1966, Pub. L. 89–563, §108(a)(2)(D), (b)(1) (1st sentence), (2), 80 Stat. 722; Oct. 27, 1974, Pub. L. 93–492, §103(a)(1), 88 Stat. 1477, 1478. |
| 15:1397(b)(3). | Sept. 9, 1966, Pub. L. 89–563, §108(b)(3), 80 Stat. 723; Oct. 27, 1974, Pub. L. 93–492, §103(a)(1)(B), 88 Stat. 1478; Oct. 31, 1988, Pub. L. 100–562, §2(a), 102 Stat. 2818. | |
| 30112(b) (4)–(8) | (no source). | |
| 30112(b)(9) | 15:1397(i). |
In subsection (a), the words “Except as provided in this section . . . and subchapter III of this chapter” are substituted for 15:1397(c)(1) to eliminate unnecessary words and because of the restatement. The reference to section 30113 is added for clarity.
In subsection (b), before clause (1), the text of 15:1397(a)(2)(D) is omitted as obsolete because under section 30124 of the revised title a standard prescribed under this chapter may not allow compliance by use of a safety belt interlock or a continuous buzzer. In clause (2)(A), the words “despite exercising reasonable care” are substituted for “in the exercise of due care” for clarity and consistency in the revised title. The words “motor vehicle safety standards prescribed under this chapter” are substituted for “Federal motor vehicle safety standards” for clarity and consistency in this chapter. In clause (2)(B), the words “without knowing about the noncompliance” are substituted for “unless such person knows that such vehicle or equipment does not so conform” to eliminate unnecessary words and for consistency in the revised title. Clauses (4)–(8) are added to provide cross–references to sections restating exceptions to the general rule restated in subsection (a) of this section.
References in Text
The date of enactment of this paragraph, referred to in subsec. (a)(2), is the date of enactment of Pub. L. 109–59, which was approved Aug. 10, 2005.
Amendments
2005—Subsec. (a). Pub. L. 109–59, which directed amendment of section 30112(a), without specifying the title to be amended, by designating existing provisions as par. (1) and adding par. (2), was executed to this section, to reflect the probable intent of Congress.
§30113. General exemptions
(a)
(b)
(2) The Secretary may begin a proceeding under this subsection when a manufacturer applies for an exemption or a renewal of an exemption. The Secretary shall publish notice of the application and provide an opportunity to comment. An application for an exemption or for a renewal of an exemption shall be filed at a time and in the way, and contain information, this section and the Secretary require.
(3) The Secretary may act under this subsection on finding that—
(A) an exemption is consistent with the public interest and this chapter or chapter 325 of this title (as applicable); and
(B)(i) compliance with the standard would cause substantial economic hardship to a manufacturer that has tried to comply with the standard in good faith;
(ii) the exemption would make easier the development or field evaluation of a new motor vehicle safety feature providing a safety level at least equal to the safety level of the standard;
(iii) the exemption would make the development or field evaluation of a low-emission motor vehicle easier and would not unreasonably lower the safety level of that vehicle; or
(iv) compliance with the standard would prevent the manufacturer from selling a motor vehicle with an overall safety level at least equal to the overall safety level of nonexempt vehicles.
(c)
(1) if the application is made under subsection (b)(3)(B)(i) of this section, a complete financial statement describing the economic hardship and a complete description of the manufacturer's good faith effort to comply with each motor vehicle safety standard prescribed under this chapter, or a bumper standard prescribed under chapter 325 of this title, from which the manufacturer is requesting an exemption.
(2) if the application is made under subsection (b)(3)(B)(ii) of this section, a record of the research, development, and testing establishing the innovative nature of the safety feature and a detailed analysis establishing that the safety level of the feature at least equals the safety level of the standard.
(3) if the application is made under subsection (b)(3)(B)(iii) of this section, a record of the research, development, and testing establishing that the motor vehicle is a low-emission motor vehicle and that the safety level of the vehicle is not lowered unreasonably by exemption from the standard.
(4) if the application is made under subsection (b)(3)(B)(iv) of this section, a detailed analysis showing how the vehicle provides an overall safety level at least equal to the overall safety level of nonexempt vehicles.
(d)
(e)
(f)
(g)
(h)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 945; Pub. L. 105–277, div. A, §101(g) [title III, §351(a)], Oct. 21, 1998, 112 Stat. 2681–439, 2681–475.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30113(a) | 15:1410(g). | Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, §123; added Apr. 10, 1968, Pub. L. 90–283, 82 Stat. 72; restated Oct. 25, 1972, Pub. L. 92–548, §3, 86 Stat. 1159. |
| 30113(b) | 15:1410(a) (1st sentence), (c)(1) (23d–last words), (2) (23d–last words). | |
| 30113(c) | 15:1410(e). | |
| 30113(d) | 15:1410(d). | |
| 30113(e) | 15:1410(c)(1) (1st–22d words), (2) (1st–22d words). | |
| 30113(f) | 15:1410(f). | |
| 30113(g) | 15:1410(a) (last sentence). | |
| 30113(h) | 15:1410(b). |
In subsection (a), the words “the term” and “type of” are omitted as surplus. The words “when the vehicle is manufactured” are substituted for “at the time of manufacture” for consistency.
In subsection (b)(1), the words “Except as provided in subsection (d) of this section” are omitted as surplus. The words “to such extent” are omitted as being included in “on terms the Secretary considers appropriate”.
In subsection (b)(2), the words “The Secretary may begin a proceeding under this subsection . . . for an exemption or a renewal of an exemption” are added because of the restatement. The words “of the application” are added for clarity. The words “An application for an exemption or for a renewal of an exemption shall be filed” are added because of the restatement.
In subsection (b)(3)(A), the words “such temporary” and “the objectives of” are omitted as surplus.
In subsection (b)(3)(B)(i), the words “to a manufacturer that” are substituted for “such manufacturer . . . and that the manufacturer” to eliminate unnecessary words. The words “from which it requests to be exempted” are omitted as surplus.
In subsection (b)(3)(B)(ii), the words “from which an exemption is sought” are omitted as surplus.
In subsection (b)(3)(B)(iii), the words “lower the safety level” are substituted for “degrade the safety” for clarity.
In subsection (b)(3)(B)(iv), the word “requiring” is omitted as surplus.
In subsection (c), before clause (1), the words “the following information” are added for clarity. In clause (1), the word “describing” is substituted for “the basis of showing” to eliminate unnecessary words. The words “each motor vehicle safety standard prescribed under this chapter from which the manufacturer is requesting an exemption” are substituted for “the standards” for clarity. In clauses (2) and (3), the words “a record” are substituted for “documentation” for consistency in the revised title. In clause (2), the words “establishing that the safety level of the feature at least equals the safety level of the standard” are substituted for “establishing that the level of safety of the new safety feature is equivalent to or exceeds the level of safety established in the standard from which the exemption is sought” because of the restatement. In clause (3), the word “level” is added, and the words “lowered . . . by exemption from the standard” are substituted for “degraded”, for consistency in this section. In clause (4), the words “at least equal to” are substituted for “equivalent to or exceeding” for consistency.
In subsection (f), the text of 15:1410(f) (1st sentence) is omitted as executed. The words “under this section all” and “other information” are omitted as surplus. The words “to the application” are substituted for “thereto” for clarity. The words “business” and “for exemption” are omitted as surplus.
In subsection (g), the words “The Secretary” are added for clarity. The word “temporary” is omitted as surplus. The words “under this section” are added for clarity.
In subsection (h), the words “a . . . label to be fixed to a motor vehicle granted an exemption under this section” are substituted for “labeling of each exempted motor vehicle . . . and be affixed to such exempted vehicles” for clarity. The words “of such exempted motor vehicle in such manner as he deems” are omitted as surplus. The words “motor vehicle safety standard prescribed under this chapter” are substituted for “the standards” for clarity and consistency in this chapter.
Amendments
1998—Subsec. (b)(1). Pub. L. 105–277, §101(g) [title III, §351(a)(1)(A)], inserted “or passenger motor vehicles from a bumper standard prescribed under chapter 325 of this title,” after “a motor vehicle safety standard prescribed under this chapter”.
Subsec. (b)(3)(A). Pub. L. 105–277, §101(g) [title III, §351(a)(1)(B)], inserted “or chapter 325 of this title (as applicable)” after “this chapter”.
Subsec. (c)(1). Pub. L. 105–277, §101(g) [title III, §351(a)(2)], inserted “, or a bumper standard prescribed under chapter 325 of this title,” after “motor vehicle safety standard prescribed under this chapter”.
Subsec. (d). Pub. L. 105–277, §101(g) [title III, §351(a)(3)], inserted “(including an exemption under subsection (b)(3)(B)(i) relating to a bumper standard referred to in subsection (b)(1))” after “subsection (b)(3)(B)(i) of this section”.
Subsec. (h). Pub. L. 105–277, §101(g) [title III, §351(a)(4)], inserted “or bumper standard prescribed under chapter 325 of this title” after “each motor vehicle safety standard prescribed under this chapter”.
§30114. Special exemptions
The Secretary of Transportation may exempt a motor vehicle or item of motor vehicle equipment from section 30112(a) of this title on terms the Secretary decides are necessary for research, investigations, demonstrations, training, competitive racing events, show, or display.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 947; Pub. L. 105–178, title VII, §7107(a), June 9, 1998, 112 Stat. 469.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30114 | 15:1397(j). | Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, §108(j); added Oct. 31, 1988, Pub. L. 100–562, §2(b), 102 Stat. 2824. |
The word “conditions” is omitted as being included in “terms”, and the word “studies” is omitted as being included in “research”. The word “solely” is omitted as unnecessary.
Amendments
1998—Pub. L. 105–178 substituted “competitive racing events, show, or display” for “or competitive racing events”.
Transition Rule
Pub. L. 105–178, title VII, §7107(b), June 9, 1998, 112 Stat. 469, provided that: “A person who is the owner of a motor vehicle located in the United States on the date of enactment of this Act [June 9, 1998] may seek an exemption under section 30114 of title 49, United States Code, as amended by subsection (a) of this section, for a period of 6 months after the date regulations of the Secretary of Transportation promulgated in response to such amendment take effect.”
§30115. Certification of compliance
(a)
(b)
(1) that it has complied with the specifications set forth in the compliance documentation provided by the incomplete motor vehicle manufacturer in accordance with regulations prescribed by the Secretary; or
(2) that it has elected to assume responsibility for compliance with that standard.
If the intermediate or final stage manufacturer elects to assume responsibility for compliance with the standard covered by the documentation provided by an incomplete motor vehicle manufacturer, the intermediate or final stage manufacturer shall notify the incomplete motor vehicle manufacturer in writing within a reasonable time of affixing the certification label. A violation of this subsection shall not be subject to a civil penalty under section 30165.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 947; Pub. L. 106–414, §9, Nov. 1, 2000, 114 Stat. 1805.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30115 | 15:1397(a)(1)(C), (E) (related to 15:1403). | Sept. 9, 1966, Pub. L. 89–563, §108(a)(1)(C), (E) (related to §114), 80 Stat. 722; Oct. 27, 1974, Pub. L. 93–492, §103(a)(1)(A), (2)(B), 88 Stat. 1477, 1478. |
| 15:1403. | Sept. 9, 1966, Pub. L. 89–563, §114, 80 Stat. 726. |
The words “fail to issue a certificate required by section 1403 of this title” in 15:1397(a)(1)(C) and the text of 15:1397(a)(1)(E) (related to 15:1403) are omitted as surplus. The word “certify” is substituted for “furnish . . . the certification” in 15:1403 to eliminate unnecessary words. The words “the time of” and “of such vehicle or equipment by such manufacturer or distributor” are omitted as surplus. The words “prescribed under this chapter” are added for clarity. The word “reasonable” is substituted for “due” in 15:1397(a)(1)(C) for consistency in the revised title. The words “to the effect that a motor vehicle or item of motor vehicle equipment conforms to all applicable Federal motor vehicle safety standards” are omitted because of the restatement. The words “shown by” are substituted for “in the form of” in 15:1403 for clarity.
Amendments
2000—Pub. L. 106–414 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
Follow-Up Report
Pub. L. 106–414, §16, Nov. 1, 2000, 114 Stat. 1808, provided that: “One year after the date of the enactment of this Act [Nov. 1, 2000], the Secretary of Transportation shall report to the Congress on the implementation of the amendments made by this Act [see Short Title of 2000 Amendment note set out under section 30101 of this title] and any recommendations for additional amendments for consumer safety.”
§30116. Defects and noncompliance found before sale to purchaser
(a)
(1) the manufacturer or distributor immediately shall repurchase the vehicle or equipment at the price paid by the distributor or dealer, plus transportation charges and reasonable reimbursement of at least one percent a month of the price paid prorated from the date of notice of noncompliance or defect to the date of repurchase; or
(2) if a vehicle, the manufacturer or distributor immediately shall give to the distributor or dealer at the manufacturer's or distributor's own expense, the part or equipment needed to make the vehicle comply with the standards or correct the defect.
(b)
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 947.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30116(a) | 15:1400(a) (less (2) (last 97 words)). | Sept. 9, 1966, Pub. L. 89–563, §111, 80 Stat. 724. |
| 30116(b) | 15:1400(a)(2) (last 97 words). | |
| 30116(c) | 15:1400(b), (c). |
In subsection (a)(1), the words “as the case may be”, “from such distributor or dealer”, “all . . . involved”, and “by the manufacturer or distributor” are omitted as surplus.
In subsection (a)(2), the words “manufacturer's or distributor's” are substituted for “his” for clarity. The words “or parts” are omitted because of 1:1. The words “the vehicle comply with the standards or correct the defect” are substituted for “conforming” for clarity.
In subsection (b), the words “the part or equipment referred to in subsection (a)(2) of this section” are added because of the restatement. The words “If the distributor or dealer installs the part or equipment with reasonable diligence after it is received, the manufacturer shall reimburse the distributor or dealer” are substituted for “and for the installation involved the manufacturer shall reimburse such distributor or dealer . . . Provided, however, That the distributor or dealer proceeds with reasonable diligence with the installation after the required part, parts or equipment are received” to eliminate unnecessary words. The words “on or in such vehicle” are omitted as surplus. The words “notice of noncompliance or defect” are substituted for “notice of such nonconformance”, and the words “complies with applicable motor vehicle safety standards prescribed under this chapter or the defect is corrected” are substituted for “is brought into conformance with applicable Federal standards”, to eliminate unnecessary words and for consistency in the revised title.
In subsection (c), the words “the amount of reimbursement” are substituted for “such reasonable reimbursements” for clarity and because of the restatement. The words “by mutual agreement” are omitted as surplus. The words “If the parties do not agree” are substituted for “or failing such agreement”, and the words “by the court pursuant to the provisions of subsection (b) of this section” are omitted, because of the restatement. The words “the requirements of”, “then”, “as the case may be”, and “without respect to the amount in controversy” are omitted as surplus. The words “civil action” are substituted for “suit” because of rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). The words “against such manufacturer or distributor” are omitted as surplus. The word “judicial” is added for consistency. The words “to recover damages, court costs, and a reasonable attorney's fee” are substituted for “and shall recover the damage by him sustained, as well as all court costs plus reasonable attorneys’ fees”, and the words “must be brought” are substituted for “shall be forever barred unless commenced”, to eliminate unnecessary words. The word “claim” is substituted for “cause of action” for consistency.
§30117. Providing information to, and maintaining records on, purchasers
(a)
(1) to each prospective purchaser of a vehicle or equipment before the first sale other than for resale at each location at which the vehicle or equipment is offered for sale by a person having a legal relationship with the manufacturer, in a way the Secretary decides is appropriate.
(2) to the first purchaser of a vehicle or equipment other than for resale when the vehicle or equipment is bought, in printed matter placed in the vehicle or attached to or accompanying the equipment.
(b)
(2)(A) Except as provided in paragraph (3) of this subsection, the Secretary may require a distributor or dealer to maintain a record under paragraph (1) of this subsection only if the business of the distributor or dealer is owned or controlled by a manufacturer of tires.
(B) The Secretary shall require each distributor and dealer whose business is not owned or controlled by a manufacturer of tires to give a registration form (containing the tire identification number) to the first purchaser of a tire. The Secretary shall prescribe the form, which shall be standardized for all tires and designed to allow the purchaser to complete and return it directly to the manufacturer of the tire. The manufacturer shall give sufficient copies of forms to distributors and dealers.
(3)(A) The Secretary shall evaluate from time to time how successful the procedures under paragraph (2) of this subsection have been in helping to maintain records about first purchasers of tires. After each evaluation, the Secretary shall decide—
(i) the extent to which distributors and dealers have complied with the procedures;
(ii) the extent to which distributors and dealers have encouraged first purchasers of tires to register the tires; and
(iii) whether to prescribe for manufacturers, distributors, or dealers other requirements that the Secretary decides will increase significantly the percentage of first purchasers of tires about whom records are maintained.
(B) The Secretary may prescribe a requirement under subparagraph (A) of this paragraph only if the Secretary decides it is necessary to reduce the risk to motor vehicle safety, after considering—
(i) the cost of the requirement to manufacturers and the burden of the requirement on distributors and dealers, compared to the increase in the percentage of first purchasers of tires about whom records would be maintained as a result of the requirement;
(ii) the extent to which distributors and dealers have complied with the procedures in paragraph (2) of this subsection; and
(iii) the extent to which distributors and dealers have encouraged first purchasers of tires to register the tires.
(C) A manufacturer of tires shall reimburse distributors and dealers of that manufacturer's tires for all reasonable costs incurred by the distributors and dealers in complying with a requirement prescribed by the Secretary under subparagraph (A) of this paragraph.
(D) After making a decision under subparagraph (A) of this paragraph, the Secretary shall submit to each House of Congress a report containing a detailed statement of the decision and an explanation of the reasons for the decision.
(c)
(1)
(A) develop a dynamic test on rollovers by motor vehicles for the purposes of a consumer information program; and
(B) carry out a program of conducting such tests.
(2)
(3)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 948; Pub. L. 106–414, §12, Nov. 1, 2000, 114 Stat. 1806.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30117(a) | 15:1397(a)(1)(B), (E) (as 1397(a)(1)(B), (E) relates to 15:1401(d)). | Sept. 9, 1966, Pub. L. 89–563, §108(a)(1)(B) (related to §112(d)), (D) (related to §158(b)), (E) (related to §112(d)), 80 Stat. 722; Oct. 27, 1974, Pub. L. 93–492, §103(a)(1)(A), (2), (3), 88 Stat. 1477, 1478. |
| 15:1401(d). | Sept. 9, 1966, Pub. L. 89–563, §112(d), 80 Stat. 725; May 22, 1970, Pub. L. 91–265, §3, 84 Stat. 262. | |
| 30117(b) | 15:1397(a)(1)(D) (related to 15:1418(b)). | |
| 15:1418(b)(1). | Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, §158(b)(1); added Oct. 27, 1974, Pub. L. 93–492, §102(a), 88 Stat. 1476; Nov. 6, 1978, Pub. L. 95–599, §317, 92 Stat. 2752; Oct. 15, 1982, Pub. L. 97–331, §4(a)(1), 96 Stat. 1619. | |
| 15:1418(b)(2), (3). | Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, §158(b)(2), (3); added Oct. 15, 1982, Pub. L. 97–331, §4(a)(2), 96 Stat. 1620. |
In this section, the text of 15:1397(a)(1)(B) (related to 15:1401(d)), (D) (related to 15:1418(b)), and (E) (related to 15:1401(d)) is omitted as surplus.
In subsection (a), before clause (1), the words “such performance data and other”, “as may be”, “the purposes of”, “performance and technical”, and “to carry out the purposes of this chapter” the 2d time they appear are omitted as surplus. In clause (1), the words “such manufacturer's” and “which may include, but is not limited to, printed matter (A) available for retention by such prospective purchaser and (B) sent by mail to such prospective purchaser upon his request” are omitted as surplus. The words “legal relationship” are substituted for “contractual, proprietary, or other legal relationship” to eliminate unnecessary words.
In subsection (b)(1), the word “cause to be maintained” is substituted for “cause the establishment and maintenance of” to eliminate unnecessary words. The words “prescribe by regulation” are substituted for “by rule, specify” for consistency and because “rule” and “regulation” are synonymous. The words “under this subsection” are added for clarity. The word “involved” is substituted for “for which they are prescribed” to eliminate unnecessary words. The words “the purpose of” and “except that . . . or not” are omitted as surplus. The words “from a distributor or dealer” are added for clarity.
In subsection (b)(3)(A), before clause (i), the words “At the end of the two-year period following the effective date of this paragraph” are omitted as expired. In clause (iii), the words “(or any combination of such groups)” are omitted as unnecessary.
In subsection (b)(3)(B), before clause (i), the words “may prescribe a requirement” are substituted for “may order by rule the imposition of requirements” for consistency and to eliminate unnecessary words.
References in Text
The date of the enactment of this subsection, referred to in subsec. (c)(1), is the date of enactment of Pub. L. 106–414, which was approved Nov. 1, 2000.
Amendments
2000—Subsec. (c). Pub. L. 106–414 added subsec. (c).
15-Passenger Van Safety
Pub. L. 109–59, title X, §10309(a), Aug. 10, 2005, 119 Stat. 1942, provided that:
“(1)
“(2) 15
§30118. Notification of defects and noncompliance
(a)
(b)
(2) If the Secretary decides under paragraph (1) of this subsection that the vehicle or equipment contains the defect or does not comply, the Secretary shall order the manufacturer to—
(A) give notification under section 30119 of this title to the owners, purchasers, and dealers of the vehicle or equipment of the defect or noncompliance; and
(B) remedy the defect or noncompliance under section 30120 of this title.
(c)
(1) learns the vehicle or equipment contains a defect and decides in good faith that the defect is related to motor vehicle safety; or
(2) decides in good faith that the vehicle or equipment does not comply with an applicable motor vehicle safety standard prescribed under this chapter.
(d)
(e)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 950; Pub. L. 106–346, §101(a) [title III, §364], Oct. 23, 2000, 114 Stat. 1356, 1356A–37; Pub. L. 106–414, §2, Nov. 1, 2000, 114 Stat. 1800.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30118(a) | 15:1397(a)(1)(D) (related to 15:1412(a) (1st–3d sentences)). | Sept. 9, 1966, Pub. L. 89–563, §108(a)(1)(D) (related to §§151, 152, 153(c) (1st sentence cl. (6)), 156, 157), 80 Stat. 722; restated Oct. 27, 1974, Pub. L. 93–492, §103(a)(1)(A), (3), 88 Stat. 1477, 1478. |
| 15:1412(a) (1st–3d sentences). | Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, §§151, 152, 156 (related to notice), 157 (related to notice); added Oct. 27, 1974, Pub. L. 93–492, §102(a), 88 Stat. 1470, 1475. | |
| 30118(b) | 15:1397(a)(1)(D) (related to 15:1412(a) (last sentence), (b)). | |
| 15:1412(a) (last sentence), (b). | ||
| 30118(c) | 15:1397(a)(1)(D) (related to 15:1411, 1413(c) (1st sentence cl. (6))). | |
| 15:1411. | ||
| 15:1413(c) (1st sentence cl. (6)). | Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, §153(c) (1st sentence cl. (6)); added Oct. 27, 1974, Pub. L. 93–492, §102(a), 88 Stat. 1472; Oct. 15, 1982, Pub. L. 97–331, §4(b)(2), 96 Stat. 1620. | |
| 30118(d) | 15:1397(a)(1)(D) (related to 15:1417). | |
| 15:1417 (related to notice). | ||
| 30118(e) | 15:1397(a)(1)(D) (related to 15:1416). | |
| 15:1416 (related to notice). |
In this section, the text of 15:1397(a)(1)(D) (related to 15:1411, 1412, 1413(c) (1st sentence cl. (6)), and 1417) is omitted as surplus.
In subsection (a), the words “making an initial decision” are substituted for “determines” to distinguish the decision from the decision made under subsection (b) of this section. The words “of such determination”, “to the manufacturer”, and “of the Secretary” are omitted as surplus. The words “under this subsection” are added for clarity.
In subsection (b)(1), the words “may make a final decision” are substituted for “determines”, and the words “prescribed under this chapter” are added, for clarity and consistency in this chapter.
In subsection (b)(2), before clause (A), the words “If the Secretary decides under paragraph (1) of this subsection that the vehicle or equipment contains a defect or does not comply” are added for clarity and because of the restatement. The words “after such presentations by the manufacturer and interested persons” are omitted as surplus. In clause (A), the words “of the defect or noncompliance” are added for clarity.
In subsection (c), before clause (1), the words “A manufacturer of a motor vehicle or replacement equipment” are substituted for “manufactured by him” in 15:1411 for clarity. The words “shall notify” are substituted for “he shall furnish notification to” to eliminate unnecessary words. The words “to the Secretary, if section 1411 of this title applies” in 15:1413(c) (1st sentence cl. (6)) are omitted because of the restatement. The words “of the vehicle or equipment” are added for clarity. The words “and he shall remedy the defect or failure to comply in accordance with section 1414 of this title” in 15:1411 are omitted as unnecessary because of the source provisions restated in section 30120 of the revised title.
In subsection (d), the words “any requirement under”, “to give notice with respect to”, and “as it relates” are omitted as surplus. The words “The Secretary may take action under this subsection only” are added because of the restatement.
In subsection (e), the words “(including a manufacturer)” are omitted as surplus. The word “information” is substituted for “data” for consistency in the revised title.
Amendments
2000—Pub. L. 106–346, §101(a) [title III, §364], which directed amendment of this section in subsecs. (a), (b)(1), and (c), by inserting “, original equipment,” before “or replacement equipment” wherever appearing, and in subsec. (c), by redesignating pars. (1) and (2) as subpars. (A) and (B), respectively, and realigning margins, by substituting “(1)
Construction of 2000 Amendment
Pub. L. 106–414, §2, Nov. 1, 2000, 114 Stat. 1800, provided that: “The amendments made to section 30118 of title 49, United States Code, by section 364 of the Department of Transportation and Related Agencies Appropriations Act, 2001 [Pub. L. 106–346, §101(a) [title III, §364], Oct. 23, 2000, 114 Stat. 1356, 1356A–37] are repealed and such section shall be effective as if such amending section had not been enacted.”
§30119. Notification procedures
(a)
(1) a clear description of the defect or noncompliance;
(2) an evaluation of the risk to motor vehicle safety reasonably related to the defect or noncompliance;
(3) the measures to be taken to obtain a remedy of the defect or noncompliance;
(4) a statement that the manufacturer giving notice will remedy the defect or noncompliance without charge under section 30120 of this title;
(5) the earliest date on which the defect or noncompliance will be remedied without charge, and for tires, the period during which the defect or noncompliance will be remedied without charge under section 30120 of this title;
(6) the procedure the recipient of a notice is to follow to inform the Secretary of Transportation when a manufacturer, distributor, or dealer does not remedy the defect or noncompliance without charge under section 30120 of this title; and
(7) other information the Secretary prescribes by regulation.
(b)
(c)
(1) prescribed by the Secretary, after the manufacturer receives notice of a final decision under section 30118(b) of this title; or
(2) after the manufacturer first decides that a safety-related defect or noncompliance exists under section 30118(c) of this title.
(d)
(A) to each person registered under State law as the owner and whose name and address are reasonably ascertainable by the manufacturer through State records or other available sources; or
(B) if a registered owner is not notified under clause (A) of this paragraph, to the most recent purchaser known to the manufacturer.
(2) Notification required under section 30118 of this title about replacement equipment (except a tire) shall be sent by first class mail to the most recent purchaser known to the manufacturer. In addition, if the Secretary decides that public notice is required for motor vehicle safety, public notice shall be given in the way required by the Secretary after consulting with the manufacturer.
(3) Notification required under section 30118 of this title about a tire shall be sent by first class mail (or, if the manufacturer prefers, by certified mail) to the most recent purchaser known to the manufacturer. In addition, if the Secretary decides that public notice is required for motor vehicle safety, public notice shall be given in the way required by the Secretary after consulting with the manufacturer. In deciding whether public notice is required, the Secretary shall consider—
(A) the magnitude of the risk to motor vehicle safety caused by the defect or noncompliance; and
(B) the cost of public notice compared to the additional number of owners the notice may reach.
(4) A dealer to whom a motor vehicle or replacement equipment was delivered shall be notified by certified mail or quicker means if available.
(e)
(f)
(2) A lessor that receives a notification required by section 30118 of this title about a leased motor vehicle shall provide a copy of the notification to the lessee in the way the Secretary prescribes by regulation.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 951.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30119(a) | 15:1397(a)(1)(D) (related to 15:1413(a)). | Sept. 9, 1966, Pub. L. 89–563, §108(a)(1)(D) (related to §§153(a)–(c) (1st sentence cls. (1)–(5), last sentence), 154(b)(2) (2d, last sentences)), 80 Stat. 722; restated Oct. 27, 1974, Pub. L. 93–492, §103(a)(1)(A), (3), 88 Stat. 1477, 1478. |
| 15:1413(a). | Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, §§153(a), (b), 154(b)(2) (2d, last sentences); added Oct. 27, 1974, Pub. L. 93–492, §102(a), 88 Stat. 1471, 1473. | |
| 30119(b) | 15:1397(a)(1)(D) (related to 15:1414(b)(2) (2d, last sentences)). | |
| 15:1414(b)(2) (2d, last sentences). | ||
| 30119(c) | 15:1397(a)(1)(D) (related to 15:1413(b)). | |
| 15:1413(b). | ||
| 30119(d) | 15:1397(a)(1)(D) (related to 15:1413(c) (1st sentence cls. (1)–(5), last sentence). | |
| 15:1413(c) (1st sentence cls. (1)–(5), last sentence). | Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, §153(c) (1st sentence cls. (1)–(5), last sentence); added Oct. 27, 1974, Pub. L. 93–492, §102(a), 88 Stat. 1471, 1472; Oct. 15, 1982, Pub. L. 97–331, §4(b), 96 Stat. 1620. | |
| 30119(e) | 15:1413(d). | Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, §153(d), (e); added Dec. 18, 1991, Pub. L. 102–240, §2504(a), 105 Stat. 2083. |
| 30119(f) | 15:1413(e). |
In this section, the text of 15:1397(a)(1)(D) (related to 15:1413(a)–(c) (1st sentence cls. (1)–(5), last sentence), 1414(b)(2) (2d, last sentences), and 1416) is omitted as surplus.
In subsection (a), before clause (1), the words “a motor vehicle or item of replacement equipment” are omitted as surplus. The words “by a manufacturer” are added for clarity. In clause (3), the words “a statement of” are omitted as surplus. In clause (4), the word “remedy” is substituted for “cause . . . to be remedied” to eliminate unnecessary words. In clause (5), the words “(specified in accordance with the second and third sentences of section 1414(b)(2) of this title)” are omitted as surplus. In clause (6), the words “a description of” are omitted as surplus. The words “under section 30120 of this title” are added for consistency with the source provisions restated in this subsection. In clause (7), the words “in addition to such . . . as” are omitted as surplus.
In subsection (b), the words “in a notification under subsection (a)(5) of this section or section 30121(c) of this title” are substituted for “In either case” because of the restatement. The words “may disapprove” are substituted for “shall be subject to disapproval by” to eliminate unnecessary words.
In subsection (c)(1), the words “Secretary's” and “that there is a defect or failure to comply” are omitted as surplus. The word “final” is added for clarity.
In subsection (c)(2), the words “decides that a safety-related defect or noncompliance exists” are substituted for “makes a determination with respect to a defect or failure to comply” for clarity.
In subsection (d), the text of 15:1413(c) (1st sentence words before cl. (1)) is incorporated into each paragraph as appropriate.
In subsection (d)(1)(A), the words “who is” and “of such vehicle” are omitted as surplus.
In subsection (d)(1)(B), the words “if a registered owner is not notified” are substituted for “unless the registered owner (if any) of such vehicle was notified” for clarity. The words “most recent purchaser” are substituted for “first purchaser (or if a more recent purchaser is” for clarity and to eliminate unnecessary words. The words “of each such vehicle containing such defect or failure to comply” are omitted as surplus.
In subsection (d)(3), the words “(or, if the manufacturer prefers, by certified mail)” are substituted for 15:1413(c) (last sentence) to eliminate unnecessary words.
In subsection (d)(4), the words “or dealers” are omitted because of 1:1. The words “of such manufacturer” are omitted as surplus.
In subsection (e), the word “replacement” is added for clarity and consistency with the source provisions being restated in subsection (d) of this section.
§30120. Remedies for defects and noncompliance
(a)
(A) if a vehicle—
(i) by repairing the vehicle;
(ii) by replacing the vehicle with an identical or reasonably equivalent vehicle; or
(iii) by refunding the purchase price, less a reasonable allowance for depreciation.
(B) if replacement equipment, by repairing the equipment or replacing the equipment with identical or reasonably equivalent equipment.
(2) The Secretary of Transportation may prescribe regulations to allow the manufacturer to impose conditions on the replacement of a motor vehicle or refund of its price.
(b)
(A) the day the owner or purchaser receives notification under section 30119 of this title; or
(B) if the manufacturer decides to replace the tire, the day the owner or purchaser receives notification that a replacement is available.
(2) If the manufacturer decides to replace the tire and the replacement is not available during the 60-day period, the owner or purchaser must present the tire for remedy during a subsequent 60-day period that begins only after the owner or purchaser receives notification that a replacement will be available during the subsequent period. If tires are available during the subsequent period, only a tire presented for remedy during that period must be remedied.
(c)
(A) replace the vehicle or equipment without charge with an identical or reasonably equivalent vehicle or equipment; or
(B) for a vehicle, refund the purchase price, less a reasonable allowance for depreciation.
(2) Failure to repair a motor vehicle or replacement equipment adequately not later than 60 days after its presentation is prima facie evidence of failure to repair within a reasonable time. However, the Secretary may extend, by order, the 60-day period if good cause for an extension is shown and the reason is published in the Federal Register before the period ends. Presentation of a vehicle or equipment for repair before the date specified by a manufacturer in a notice under section 30119(a)(5) or 30121(c)(2) of this title is not a presentation under this subsection.
(3) If the Secretary determines that a manufacturer's remedy program is not likely to be capable of completion within a reasonable time, the Secretary may require the manufacturer to accelerate the remedy program if the Secretary finds—
(A) that there is a risk of serious injury or death if the remedy program is not accelerated; and
(B) that acceleration of the remedy program can be reasonably achieved by expanding the sources of replacement parts, expanding the number of authorized repair facilities, or both.
The Secretary may prescribe regulations to carry out this paragraph.
(d)
(e)
(f)
(g)
(2) This section does not apply during any period in which enforcement of an order under section 30118(b) of this title is restrained or the order is set aside in a civil action to which section 30121(d) of this title applies.
(h)
(i)
(A) the defect or noncompliance is remedied as required by this section before delivery under the sale or lease; or
(B) when the notification is required by an order under section 30118(b) of this title, enforcement of the order is restrained or the order is set aside in a civil action to which section 30121(d) of this title applies.
(2) This subsection does not prohibit a dealer from offering for sale or lease the vehicle or equipment.
(j)
(1) the defect or noncompliance is remedied as required by this section before delivery under the sale or lease; or
(2) notification of the defect or noncompliance is required under section 30118(b) but enforcement of the order is set aside in a civil action to which section 30121(d) applies.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 952; Pub. L. 105–178, title VII, §7106(a), June 9, 1998, 112 Stat. 467; Pub. L. 106–414, §§4, 6–8, Nov. 1, 2000, 114 Stat. 1803–1805.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30120(a) | 15:1397(a)(1)(D) (related to 15:1414(a)(1) (1st sentence), (2)). | Sept. 9, 1966, Pub. L. 89–563, §108(a)(1)(D) (related to §§154(a), (b)(1), (2) (1st sentence), (c), 156, 157), 80 Stat. 722; restated Oct. 27, 1974, Pub. L. 93–492, §103(a)(1)(A), (3), 88 Stat. 1477, 1478. |
| 15:1414(a)(1) (1st sentence), (2). | Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, §§154(a), (b)(1), (2) (1st sentence), (c), 156 (related to remedy), 157 (related to remedy); added Oct. 27, 1974, Pub. L. 93–492, §102(a), 88 Stat. 1472, 1474, 1475. | |
| 30120(b) | 15:1397(a)(1)(D) (related to 15:1414(a)(5)). | |
| 15:1414(a)(5). | ||
| 30120(c) | 15:1397(a)(1)(D) (related to 15:1414(b)(1), (2) (1st sentence)). | |
| 15:1414(b)(1), (2) (1st sentence). | ||
| 30120(d) | 15:1397(a)(1)(D) (related to 15:1414(c)). | |
| 15:1414(c). | ||
| 30120(e) | 15:1397(a)(1)(D) (related to 15:1416). | |
| 15:1416 (related to remedy). | ||
| 30120(f) | 15:1397(a)(1)(D) (related to 15:1414(a)(3)). | |
| 15:1414(a)(3). | ||
| 30120(g)(1) | 15:1397(a)(1)(D) (related to 15:1414(a)(4)). | |
| 15:1414(a)(4). | ||
| 30120(g)(2) | 15:1397(a)(1)(D) (related to 15:1414(a)(1) (last sentence)). | |
| 15:1414(a)(1) (last sentence). | ||
| 30120(h) | 15:1397(a)(1)(D) (related to 15:1417). | |
| 15:1417 (related to remedy). | ||
| 30120(i) | 15:1414(d). | Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, §154(d); added Dec. 18, 1991, Pub. L. 102–240, §2504(b), 105 Stat. 2083. |
In this section, the text of 15:1397(a)(1)(D) (related to 15:1414(a), (b)(1), (2) (1st sentence), and (c), and 1416) is omitted as surplus.
In subsection (a)(1), before clause (A), the words “Subject to subsections (f) and (g) of this section” are added for clarity. The words “with an applicable Federal motor vehicle safety standard . . . which relates to motor vehicle safety” and “pursuant to such notification” are omitted as surplus. The words “shall remedy” are substituted for “shall cause such defect or failure to comply in such motor vehicle or such item of replacement equipment to be remedied” to eliminate unnecessary words. The words “the defect or noncompliance” are added for clarity. In clauses (A) and (B), the words “without charge” are omitted as unnecessary because of the words “without charge” in this subsection before this clause (A). In clause (A), the words “presented for remedy pursuant to such notification” and “of such motor vehicle in full” are omitted as surplus.
Subsection (a)(2) is substituted for 15:1414(a)(2)(A) (last sentence) for clarity.
In subsection (b)(1), before clause (A), the words “shall remedy a defective or noncomplying tire if” are substituted for “shall not be obligated to remedy such tire if such tire is not” to eliminate unnecessary words and for consistency. The words “pursuant to notification” are omitted as surplus. In clause (B), the words “decides to replace the tire” are substituted for “elects replacement” for clarity.
Subsection (b)(2) is substituted for 15:1414(a)(5)(B) to eliminate unnecessary words.
In subsection (c)(1), the words before clause (A) are substituted for “Whenever a manufacturer has elected under subsection (a) of this section to cause the repair of a defect in a motor vehicle or item of replacement equipment or of a failure of such vehicle or item of replacement equipment to comply with a motor vehicle safety standard, and he has failed to cause such defect or failure to comply to be adequately repaired within a reasonable time, then (A) he shall” to eliminate unnecessary words. In clause (A), the word “replace” is substituted for “cause . . . to be replaced” for consistency. In clause (B), the word “refund” is substituted for “shall cause . . . to be refunded” for consistency. The words “in full” and “and if the manufacturer so elects)” are omitted as surplus.
In subsection (c)(2), the word “presentation” is substituted for “tender” for clarity. The words “for repair” are omitted as surplus. The last sentence is substituted for 15:1414(b)(2) (1st sentence) because of the restatement.
In subsection (e), the words “(including a manufacturer)” are omitted as surplus. The word “information” is substituted for “data” for consistency in the revised title.
In subsection (f), the word “fair” is substituted for “fair and equitable” to eliminate unnecessary words. The words “for such remedy” are omitted as surplus. The words “providing a” are substituted for “who effects” for consistency.
In subsection (g)(2), the words “In the case of notification required by an order” are omitted as unnecessary. The word “civil” is added because of rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.).
In subsection (h), the words “any requirement under”, “or to remedy”, and “as it relates” are omitted as surplus. The words “The Secretary may take action under this subsection only” are added because of the restatement.
Amendments
2000—Subsec. (c)(3). Pub. L. 106–414, §6(a), added par. (3).
Subsec. (d). Pub. L. 106–414, §7, inserted at end “In the case of a remedy program involving the replacement of tires, the manufacturer shall include a plan addressing how to prevent, to the extent reasonably within the control of the manufacturer, replaced tires from being resold for installation on a motor vehicle, and how to limit, to the extent reasonably within the control of the manufacturer, the disposal of replaced tires in landfills, particularly through shredding, crumbling, recycling, recovery, and other alternative beneficial non-vehicular uses. The manufacturer shall include information about the implementation of such plan with each quarterly report to the Secretary regarding the progress of any notification or remedy campaigns.”
Pub. L. 106–414, §6(b), inserted at end “A manufacturer's remedy program shall include a plan for reimbursing an owner or purchaser who incurred the cost of the remedy within a reasonable time in advance of the manufacturer's notification under subsection (b) or (c) of section 30118. The Secretary may prescribe regulations establishing what constitutes a reasonable time for purposes of the preceding sentence and other reasonable conditions for the reimbursement plan.”
Subsec. (g)(1). Pub. L. 106–414, §4, substituted “10 calendar years” for “8 calendar years” and “5 calendar years” for “3 calendar years”.
Subsec. (j). Pub. L. 106–414, §8, added subsec. (j).
1998—Subsec. (i)(1). Pub. L. 105–178 inserted “(including retailers of motor vehicle equipment)” after “provided to a dealer” in introductory provisions.
§30121. Provisional notification and civil actions to enforce
(a)
(A) a statement that the Secretary has decided that a defect related to motor vehicle safety or noncompliance with a motor vehicle safety standard prescribed under this chapter exists and that the manufacturer is contesting the decision in a civil action in a United States district court;
(B) a clear description of the Secretary's stated basis for the decision;
(C) the Secretary's evaluation of the risk to motor vehicle safety reasonably related to the defect or noncompliance;
(D) measures the Secretary considers necessary to avoid an unreasonable risk to motor vehicle safety resulting from the defect or noncompliance;
(E) a statement that the manufacturer will remedy the defect or noncompliance without charge under section 30120 of this title, but that the requirement to remedy without charge is conditioned on the outcome of the civil action; and
(F) other information the Secretary prescribes by regulation or includes in the order requiring the notice.
(2) A notification under this subsection does not relieve a manufacturer of liability for not giving notification required by an order under section 30118(b) of this title.
(b)
(2) A manufacturer that does not notify owners and purchasers as required under subsection (a) of this section is liable for a civil penalty regardless of whether the manufacturer prevails in an action on the validity of the order issued under section 30118(b) of this title.
(c)
(1) to notify each owner, purchaser, and dealer described in section 30119(d) of this title of the outcome of the action and other information the Secretary requires, and notification under this clause may be combined with notification required under section 30118(b) of this title;
(2) to specify the earliest date under section 30119(b) of this title on which the defect or noncompliance will be remedied without charge under section 30120 of this title; and
(3) if notification was required under subsection (a) of this section, to reimburse an owner or purchaser for reasonable and necessary expenses (in an amount that is not more than the amount specified in the order of the Secretary under subsection (a)) incurred for repairing the defect or noncompliance during the period beginning on the date that notification was required to be issued and ending on the date the owner or purchaser receives the notification under this subsection.
(d)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 954.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30121(a) | 15:1397(a)(1)(D) (related to 15:1415(b)). | Sept. 9, 1966, Pub. L. 89–563, §108(a)(1)(D) (related to §155), 80 Stat. 722; restated Oct. 27, 1974, Pub. L. 93–492, §103(a)(1)(A), (3), 88 Stat. 1477, 1478. |
| 15:1415(b). | Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, §155(b)–(d); added Oct. 27, 1974, Pub. L. 93–492, §102(a), 88 Stat. 1474. | |
| 30121(b) | 15:1397(a)(1)(D) (related to 15:1415(c)). | |
| 15:1415(c). | ||
| 30121(c) | 15:1397(a)(1)(D) (related to 15:1415(d)). | |
| 15:1415(d). | ||
| 30121(d) | 15:1397(a)(1)(D) (related to 15:1415(a)). | |
| 15:1415(a). | Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, §155(a); added Oct. 27, 1974, Pub. L. 93–492, §102(a), 88 Stat. 1474; Nov. 8, 1984, Pub. L. 98–620, §402(17), 98 Stat. 3358. |
In this section, the text of 15:1397(a)(1)(D) (related to 15:1415) is omitted as surplus.
In subsection (a)(1), before clause (A), the words “and to which subsection (a) of this section applies” are omitted because of the restatement. In clause (A), the words “prescribed under this chapter” are substituted for “Federal”, and the words “civil action” are substituted for “proceeding”, for consistency. In clause (B), the words “that there is such a defect or failure” are omitted as surplus. In clause (D), the word “considers” is substituted for “which in the judgment of . . . are” to eliminate unnecessary words. In clause (E), the word “remedy” is substituted for “cause . . . to be remedied” to eliminate unnecessary words. The words “civil action” are substituted for “court proceeding” for consistency.
In subsection (b)(1), the words “with respect to such failure to notify” are omitted as surplus. The word “enjoins” is substituted for “restrains” for consistency. The words “of such an order” and “for which the effectiveness of” are omitted as surplus.
In subsection (b)(2), the words “by an order”, “or not”, and “(to which subsection (a) of the section applies)” are omitted as surplus.
In subsection (c), before clause (1), the words “a civil action referred to in subsection (a) of this section” are substituted for “(i) a manufacturer fails within the period specified in section 1413(b) of this title to comply with an order under section 1412(b) of this title to afford notification to owners and purchasers, (ii) a civil action to which subsection (a) of this section applies is commenced with respect to such order, and (iii) . . . in such action” to eliminate unnecessary words. In clause (1), the word “action” is substituted for “proceeding” for consistency. The words “containing” and “by an order” are omitted as surplus. In clause (2), the words “under section 30119(b) of this title” are substituted for “(in accordance with the second and third sentences of section 1414(b) of this title)” for clarity. The words “under section 30120 of this title” are added for clarity. In clause (3), the words “which are . . . by such owner or purchaser”, “the purpose of”, and “to which the order relates” are omitted as surplus.
In subsection (d), the words “Notwithstanding section 30163(c) of this title” are added for clarity. The words “An action under section 1399(a) of this title to restrain a violation of an order . . . or under section 1398 of this title to collect a civil penalty with respect to a violation of such an order” and “to which the order applies” are omitted as surplus. The words “may transfer the action” are substituted for “orders a change of venue” for consistency with 28:1404. The words “(including enforcement actions)” are omitted as surplus. The words “that court shall issue the consolidation order” are substituted for “by order of such other court” for clarity.
§30122. Making safety devices and elements inoperative
(a)
(b)
(c)
(1) to exempt a person from this section if the Secretary decides the exemption is consistent with motor vehicle safety and section 30101 of this title; and
(2) to define “make inoperative”.
(d)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 956.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30122(a) | 15:1397(a)(2)(A) (last sentence). | Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, §108(a)(2)(A)– (C); added Oct. 27, 1974, Pub. L. 93–492, §103(a) (1)(A), 88 Stat. 1477. |
| 30122(b) | 15:1397(a)(2)(A) (1st sentence). | |
| 30122(c) | 15:1397(a)(2)(B). | |
| 30122(d) | 15:1397(a)(2)(C). |
In subsections (a) and (c), the words “the term” are omitted as surplus.
In subsection (a), the words “in the business of” are omitted as surplus.
In subsection (b), the words “an applicable motor vehicle safety standard prescribed under this chapter” are substituted for “an applicable Federal motor vehicle safety standard” for consistency. The words “of design” the 2d time they appear and “rendered” are omitted as surplus.
In subsection (c)(1), the words “section 30101 of this title” are substituted for “the purposes of this chapter” as being more precise.
In subsection (d), the words “with respect . . . the rendering inoperative of” are omitted as surplus.
§30123. Tires
(a)
(2) The Secretary may authorize the sale, offer for sale, introduction for sale, or delivery for introduction in interstate commerce, of a regrooved tire or a motor vehicle equipped with regrooved tires if the Secretary decides the tires are designed and made in a way consistent with section 30101 of this title. A person may not sell, offer for sale, introduce for sale, or deliver for introduction in interstate commerce, a regrooved tire or a vehicle equipped with regrooved tires unless authorized by the Secretary.
(b)
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 956; Pub. L. 105–178, title VII, §7106(b), June 9, 1998, 112 Stat. 467.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30123(a) | 15:1421 (1st sentence). | Sept. 9, 1966, Pub. L. 89–563, §§201–203, 204(c), 205, 80 Stat. 728, 729. |
| 30123(b) | 15:1421 (2d sentence). | |
| 30123(c) | 15:1421 (last sentence). | |
| 30123(d) | 15:1424(a). | Sept. 9, 1966, Pub. L. 89–563, §204(a), 80 Stat. 729; restated Oct. 27, 1974, Pub. L. 93–492, §110(c), 88 Stat. 1484. |
| 15:1424(c). | ||
| 30123(e) | 15:1423. | |
| 15:1425. | ||
| 30123(f) | 15:1422. |
In subsections (a) and (d)(2), the words “section 30101 of this title” are substituted for “the purposes of this chapter” as being more precise.
In subsection (a), the words “to a motor vehicle safety standard prescribed under this chapter” are substituted for “In all standards for . . . established under subchapter I of this chapter . . . thereto” for consistency and because of the restatement.
In subsection (b)(1)(A) and (B), the word “suitable” is omitted as surplus.
In subsection (b)(1)(C), the words “for a tire containing” are substituted for “unless the tire contains . . . in which case it shall also contain” to eliminate unnecessary words. The word “allowing” is substituted for “which would permit” for consistency.
In subsection (b)(3), the word “actual” is omitted as surplus.
In subsection (b)(5)(A), the word “statement” is substituted for “recital” for clarity. The words “complies with” are substituted for “conforms to”, the words “prescribed under this chapter” are substituted for “Federal”, and the word “or” is substituted for “except that in lieu of such recital”, for consistency.
In subsection (b)(5)(B), the word “appropriate” is omitted as surplus.
In subsection (d)(2), the words “by order” are omitted as surplus. The words “a regrooved tire or a motor vehicle equipped with regrooved tires” are substituted for “any tire or motor vehicle equipped with any tire which has been regrooved” for consistency. The words “A person may not . . . unless authorized by the Secretary” are substituted for “No person shall” for clarity and consistency in the revised title. The word “introduce” is substituted for “introduction” after “or” to correct a mistake.
In subsection (e), the words “The Secretary shall prescribe through standards” are substituted for “within two years after September 9, 1966, the Secretary shall, through standards established under subchapter I of this chapter, prescribe by order, and publish in the Federal Register” in 15:1423 to eliminate unnecessary and executed words. The text of 15:1423 (2d sentence) is omitted as executed. The last sentence is substituted for 15:1425 to eliminate unnecessary words.
In subsection (f), the words “In standards established under subchapter I of this chapter” and “fully” are omitted as surplus. The words “The vehicle shall be equipped” are added for clarity.
Amendments
1998—Pub. L. 105–178 redesignated subsecs. (d) to (f) as (a) to (c), respectively, and struck out former subsecs. (a) to (c), which related to labeling requirements, contents of label, and additional information that may be required, respectively.
Improved Tire Information
Pub. L. 106–414, §11, Nov. 1, 2000, 114 Stat. 1806, provided that:
“(a)
“(b)
Tire Pressure Warning
Pub. L. 106–414, §13, Nov. 1, 2000, 114 Stat. 1806, provided that: “Not later than 1 year after the date of the enactment of this Act [Nov. 1, 2000], the Secretary of Transportation shall complete a rulemaking for a regulation to require a warning system in new motor vehicles to indicate to the operator when a tire is significantly under inflated. Such requirement shall become effective not later than 2 years after the date of the completion of such rulemaking.”
§30124. Buzzers indicating nonuse of safety belts
A motor vehicle safety standard prescribed under this chapter may not require or allow a manufacturer to comply with the standard by using a safety belt interlock designed to prevent starting or operating a motor vehicle if an occupant is not using a safety belt or a buzzer designed to indicate a safety belt is not in use, except a buzzer that operates only during the 8-second period after the ignition is turned to the “start” or “on” position.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 957.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30124 | 15:1410b. | Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, §125; added Oct. 27, 1974, Pub. L. 93–492, §109, 88 Stat. 1482. |
The text of 15:1410b(a) and (c)–(e) is omitted as obsolete. The text of 15:1410b(b)(2) and (3) and (f)(2) and (3) is omitted as unnecessary because of the restatement. The words “After the effective date of the amendment prescribed under subsection (a) of this section” are omitted as executed. The words “prescribed under this chapter” are substituted for “Federal” for consistency in this chapter.
§30125. Schoolbuses and schoolbus equipment
(a)
(1) “schoolbus” means a passenger motor vehicle designed to carry a driver and more than 10 passengers, that the Secretary of Transportation decides is likely to be used significantly to transport preprimary, primary, and secondary school students to or from school or an event related to school.
(2) “schoolbus equipment” means equipment designed primarily for a schoolbus or manufactured or sold to replace or improve a system, part, or component of a schoolbus or as an accessory or addition to a schoolbus.
(b)
(1) emergency exits;
(2) interior protection for occupants;
(3) floor strength;
(4) seating systems;
(5) crashworthiness of body and frame (including protection against rollover hazards);
(6) vehicle operating systems;
(7) windows and windshields; and
(8) fuel systems.
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 957.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30125(a) | 15:1391(14), (15). | Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, §102(14), (15); added Oct. 27, 1974, Pub. L. 93–492, §201, 88 Stat. 1484. |
| 30125(b) | 15:1392(i)(1). | Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, §103(i)(1), (2); added Oct. 27, 1974, Pub. L. 93–492, §202, 88 Stat. 1484; July 8, 1976, Pub. L. 94–346, §2, 90 Stat. 815. |
| 30125(c) | 15:1392(i)(2). | |
| 15:1397(a)(1)(F). | Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, §108(a)(1)(F); added Oct. 27, 1974, Pub. L. 93–492, §203, 88 Stat. 1485. |
In subsection (a)(1), the words “the purpose of” are omitted as surplus.
In subsection (a)(2), the words “any similar part or component” are omitted as surplus.
In subsection (b), before clause (1), the text of 15:1392(i)(1)(A) (1st sentence) and (B) (words before 2d comma) is omitted as executed. The word “prescribe” is substituted for “promulgate”, and the word “Federal” is omitted, for consistency. The words “Such proposed standards” and “those aspects of performance set out in clauses (i) through (viii) of subparagraph (A) of this paragraph” are omitted because of the restatement. The word “requirements” is substituted for “standards” to avoid using “standards” in 2 different ways. The text of 15:1392(i)(1)(B) (last 6 words) is omitted as executed.
In subsection (c), the text of 15:1397(a)(1)(F) is omitted as unnecessary because of the restatement.
§30126. Used motor vehicles
To ensure a continuing and effective national safety program, it is the policy of the United States Government to encourage and strengthen State inspection of used motor vehicles. Therefore, the Secretary of Transportation shall prescribe uniform motor vehicle safety standards applicable to all used motor vehicles. The standards shall be stated in terms of motor vehicle safety performance.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 958.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30126 | 15:1397(b)(1) (2d–last sentences). | Sept. 9, 1966, Pub. L. 89–563, §108(b)(1) (2d–last sentences), 80 Stat. 722. |
The words “In order” are omitted as surplus. The words “United States Government” are substituted for “Congress” for clarity and consistency in the revised title. The words “Therefore, the Secretary of Transportation shall prescribe uniform motor vehicle safety standards applicable to all used motor vehicles” are substituted for 15:1397(b)(1) (4th sentence) to eliminate unnecessary and executed words. The text of 15:1397(b)(1) (last sentence) is omitted as unnecessary because of 5:ch. 5, subch. II. The text of 15:1397(b)(1) (3d sentence) is omitted as executed.
§30127. Automatic occupant crash protection and seat belt use
(a)
(1) “bus” means a motor vehicle with motive power (except a trailer) designed to carry more than 10 individuals.
(2) “multipurpose passenger vehicle” means a motor vehicle with motive power (except a trailer), designed to carry not more than 10 individuals, that is constructed either on a truck chassis or with special features for occasional off-road operation.
(3) “passenger car” means a motor vehicle with motive power (except a multipurpose passenger vehicle, motorcycle, or trailer) designed to carry not more than 10 individuals.
(4) “truck” means a motor vehicle with motive power (except a trailer) designed primarily to transport property or special purpose equipment.
(b)
(A) 95 percent of each manufacturer's annual production of passenger cars manufactured after August 31, 1996, and before September 1, 1997.
(B) 80 percent of each manufacturer's annual production of buses, multipurpose passenger vehicles, and trucks (except walk-in van-type trucks and vehicles designed to be sold only to the United States Postal Service) with a gross vehicle weight rating of not more than 8,500 pounds and an unloaded vehicle weight of not more than 5,500 pounds manufactured after August 31, 1997, and before September 1, 1998.
(C) 100 percent of each manufacturer's annual production of passenger cars manufactured after August 31, 1997.
(D) 100 percent of each manufacturer's annual production of vehicles described in clause (B) of this paragraph manufactured after August 31, 1998.
(2) Manufacturers may not use credits and incentives available before September 1, 1998, under the provisions of Standard 208 (as amended by this section) to comply with the requirements of paragraph (1)(D) of this subsection after August 31, 1998.
(c)
(1) either or both of the front outboard seating positions of the vehicle are equipped with an inflatable restraint referred to as an “airbag” and a lap and shoulder belt;
(2) the “airbag” is a supplemental restraint and is not a substitute for lap and shoulder belts;
(3) lap and shoulder belts also must be used correctly by an occupant in a front outboard seating position to provide restraint or protection from frontal crashes as well as other types of crashes or accidents; and
(4) occupants should always wear their lap and shoulder belts, if available, or other safety belts, whether or not there is an inflatable restraint.
(d)
(e)
(2) The Secretary of Transportation may grant an exemption under paragraph (1) of this subsection if the Secretary finds that there has been a disruption in the supply of any component of an inflatable restraint or in the use and installation of that component by the manufacturer because of an unavoidable event not under the control of the manufacturer that will prevent the manufacturer from meeting its anticipated production volume of vehicles with those restraints.
(3) Only an affected manufacturer may apply for an exemption. The Secretary of Transportation shall prescribe in the amendment to Standard 208 required under this section the information an affected manufacturer must include in its application under this subsection. The manufacturer shall specify in the application the models, lines, and types of vehicles affected. The Secretary may consolidate similar applications from different manufacturers.
(4) An exemption or renewal of an exemption is conditioned on the commitment of the manufacturer to recall the exempted vehicles for installation of the omitted inflatable restraints within a reasonable time that the manufacturer proposes and the Secretary of Transportation approves after the components become available in sufficient quantities to satisfy both anticipated production and recall volume requirements.
(5) The Secretary of Transportation shall publish in the Federal Register a notice of each application under this subsection and each decision to grant or deny a temporary exemption and the reasons for the decision.
(6) The Secretary of Transportation shall require a label for each exempted vehicle that can be removed only after recall and installation of the required inflatable restraint. The Secretary shall require that written notice of the exemption be provided to the dealer and the first purchaser of each exempted vehicle other than for resale, with the notice being provided in a way, and containing the information, the Secretary considers appropriate.
(f)
(A) affecting another provision of law carried out by the Secretary of Transportation applicable to passenger cars, buses, multipurpose passenger vehicles, or trucks; or
(B) establishing a precedent related to developing or prescribing a Government motor vehicle safety standard.
(2) This section and amendments to Standard 208 made under this section may not be construed as indicating an intention by Congress to affect any liability of a motor vehicle manufacturer under applicable law related to vehicles with or without inflatable restraints.
(g)
(A) a combination of inflated restraints and lap and shoulder belts;
(B) inflated restraints only; and
(C) lap and shoulder belts only.
(2) In consultation with the Secretaries of Labor and Defense, the Secretary of Transportation also shall provide information and analysis on lap and shoulder belt use, nationally and in each State by—
(A) military personnel;
(B) Government, State, and local law enforcement officers;
(C) other Government and State employees; and
(D) the public.
(h)
(1) after September 30, 1994, for use by the Government be equipped, to the maximum extent practicable, with driver-side inflatable restraints; and
(2) after September 30, 1996, for use by the Government be equipped, to the maximum extent practicable, with inflatable restraints for both front outboard seating positions.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 958; Pub. L. 105–178, title VII, §7106(c), June 9, 1998, 112 Stat. 467.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30127(a) | 15:1392 (note). | Dec. 18, 1991, Pub. L. 102–240, §2502(a), 105 Stat. 2081. |
| 30127(b) | 15:1392 (note). | Dec. 18, 1991, Pub. L. 102–240, §2508(a)(1) (1st sentence), (b), 105 Stat. 2084, 2085. |
| 30127(c) | 15:1392 (note). | Dec. 18, 1991, Pub. L. 102–240, §2508(a)(2), 105 Stat. 2085. |
| 30127(d) | 15:1392 (note). | Dec. 18, 1991, Pub. L. 102–240, §2508(a)(3), 105 Stat. 2085. |
| 30127(e) | 15:1392 (note). | Dec. 18, 1991, Pub. L. 102–240, §2508(c), 105 Stat. 2086. |
| 30127(f) | 15:1392 (note). | Dec. 18, 1991, Pub. L. 102–240, §2508(a)(1) (last sentence), (d), 105 Stat. 2085, 2086. |
| 30127(g) | 15:1392 (note). | Dec. 18, 1991, Pub. L. 102–240, §2508(e), 105 Stat. 2086. |
| 30127(h) | 15:1392 (note). | Dec. 18, 1991, Pub. L. 102–240, §2508(f), 105 Stat. 2087. |
In subsection (a), the definitions are derived from section 2502(a) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102–240, 105 Stat. 2081) and are restated because those definitions apply to the source provisions being restated in this section.
In subsection (b)(1), before clause (A), the words “Notwithstanding any other provision of law or rule” and “(to the extent such Act is not in conflict with the provisions of this section)” are omitted as unnecessary because of the restatement. The words “The amendment shall require” are substituted for “The amendment promulgated under subsection (a) shall establish the following schedule” for clarity. The words “manufactured on or after the dates specified in the applicable schedule established by subsection (b)”, “The amendment shall take effect”, and “Subject to the provisions of subsection (c)” are omitted as unnecessary because of the restatement. The words “for both of the front outboard seating positions for each” are substituted for “for the front outboard designated seating positions of each” for clarity. In clause (B), the word “new” is omitted as unnecessary because of the restatement. The word “only” is substituted for “exclusively” for consistency in the revised title.
In subsection (b)(2), the words “after August 31, 1998” are substituted for “on and after such date” for clarity.
In subsection (c), before clause (1), the words “In amending Standard 208, the Secretary of Transportation shall require” are substituted for “The amendment to such Standard 208 shall also require” for clarity and to eliminate unnecessary words.
In subsection (e)(3), the words “Only an affected manufacturer may apply for an exemption” are added for clarity. The words “consolidate similar applications from different manufacturers” are substituted for “consolidate applications of a similar nature of 1 or more manufacturers” for clarity.
In subsection (f)(1), before clause (A), the words “by the Secretary or any other person, including any court” are omitted as surplus. In clause (A), the word “affecting” is substituted for “altering or affecting” to eliminate an unnecessary word.
In subsection (f)(2), the words “by any person or court” are omitted as unnecessary. The word “affect” is substituted for “affect, change, or modify” to eliminate unnecessary words.
In subsection (g)(1), before clause (A), the words “and every 6 months after that date through” are substituted for “biannually . . . and continuing to” for clarity. The word “actual” is omitted as unnecessary. The word “expressed” is substituted for “defined” for clarity.
In subsection (g)(2)(C), the words “other Government and State employees” are substituted for “Federal and State employees other than law enforcement officers” for clarity and because of the restatement.
In subsection (h)(2), the words “for both front outboard seating positions” are substituted for “for both the driver and front seat outboard seating positions” for clarity and consistency in this section.
References in Text
The National Traffic and Motor Vehicle Safety Act of 1966, referred to in subsec. (b)(1), is Pub. L. 89–563, Sept. 9, 1966, 80 Stat. 718, as amended, which was classified generally to chapter 38 (§1381 et seq.) of Title 15, Commerce and Trade, and was substantially repealed by Pub. L. 103–272, §7(b), July 5, 1994, 108 Stat. 1379, and reenacted by the first section thereof as this chapter.
Amendments
1998—Subsec. (g)(1). Pub. L. 105–178 substituted “annually” for “every 6 months” in introductory provisions.
Improving the Safety of Child Restraints
Pub. L. 107–318, Dec. 4, 2002, 116 Stat. 2772, provided that:
“SECTION 1. SHORT TITLE.
“This Act may be cited as ‘Anton's Law’.
“SEC. 2. FINDINGS.
“Congress finds the following:
“(1) It is the policy of the Department of Transportation that all child occupants of motor vehicles, regardless of seating position, be appropriately restrained in order to reduce the incidence of injuries and fatalities resulting from motor vehicle crashes on the streets, roads, and highways.
“(2) Research has shown that very few children between the ages of 4 to 8 years old are in the appropriate restraint for their age when riding in passenger motor vehicles.
“(3) Children who have outgrown their child safety seats should ride in a belt-positioning booster seat until an adult seat belt fits properly.
“(4) Children who were properly restrained when riding in passenger motor vehicles suffered less severe injuries from accidents than children not properly restrained.
“SEC. 3. IMPROVEMENT OF SAFETY OF CHILD RESTRAINTS IN PASSENGER MOTOR VEHICLES.
“(a)
“(b)
“(1) consider whether to include injury performance criteria for child restraints, including booster seats and other products for use in passenger motor vehicles for the restraint of children weighing more than 50 pounds, under the requirements established in the rulemaking proceeding;
“(2) consider whether to establish performance requirements for seat belt fit when used with booster seats and other belt guidance devices;
“(3) consider whether to address situations where children weighing more than 50 pounds only have access to seating positions with lap belts, such as allowing tethered child restraints for such children; and
“(4) review the definition of the term ‘booster seat’ in Federal motor vehicle safety standard No. 213 under section 571.213 of title 49, Code of Federal Regulations, to determine if it is sufficiently comprehensive.
“(c)
“SEC. 4. DEVELOPMENT OF ANTHROPOMORPHIC TEST DEVICE SIMULATING A 10-YEAR OLD CHILD.
“(a)
“(b)
“SEC. 5. REQUIREMENTS FOR INSTALLATION OF LAP AND SHOULDER BELTS.
“(a)
“(1) require a lap and shoulder belt assembly for each rear designated seating position in a passenger motor vehicle with a gross vehicle weight rating of 10,000 pounds or less, except that if the Secretary determines that installation of a lap and shoulder belt assembly is not practicable for a particular designated seating position in a particular type of passenger motor vehicle, the Secretary may exclude the designated seating position from the requirement; and
“(2) apply that requirement to passenger motor vehicles in phases in accordance with subsection (b).
“(b)
“SEC. 6. EVALUATION OF INTEGRATED CHILD SAFETY SYSTEMS.
“(a)
“(1) the safety of the child restraint and correctness of fit for the child;
“(2) the availability of testing data on the system and vehicle in which the child restraint will be used;
“(3) the compatibility of the child restraint with different makes and models;
“(4) the cost-effectiveness of mass production of the child restraint for consumers;
“(5) the ease of use and relative availability of the child restraint to children riding in motor vehicles; and
“(6) the benefits of built-in seats for improving compliance with State child occupant restraint laws.
“(b)
“SEC. 7. DEFINITIONS.
“As used in this Act, the following definitions apply:
“(1)
“(2)
“(3)
“SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
“(a)
“(1) the evaluation required by section 6 of this Act; and
“(2) research of the nature and causes of injury to children involved in motor vehicle crashes.
“(b)
Pub. L. 106–414, §14, Nov. 1, 2000, 114 Stat. 1806, provided that:
“(a)
“(b)
“(1) whether to require more comprehensive tests for child restraints than the current Federal motor vehicle safety standards requires, including the use of dynamic tests that—
“(A) replicate an array of crash conditions, such as side-impact crashes and rear-impact crashes; and
“(B) reflect the designs of passenger motor vehicles as of the date of the enactment of this Act [Nov. 1, 2000];
“(2) whether to require the use of anthropomorphic test devices that—
“(A) represent a greater range of sizes of children including the need to require the use of an anthropomorphic test device that is representative of a ten-year-old child; and
“(B) are Hybrid III anthropomorphic test devices;
“(3) whether to require improved protection from head injuries in side-impact and rear-impact crashes;
“(4) how to provide consumer information on the physical compatibility of child restraints and vehicle seats on a model-by-model basis;
“(5) whether to prescribe clearer and simpler labels and instructions required to be placed on child restraints;
“(6) whether to amend Federal Motor Vehicle Safety Standard No. 213 (49 CFR 571.213) to cover restraints for children weighing up to 80 pounds;
“(7) whether to establish booster seat performance and structural integrity requirements to be dynamically tested in 3-point lap and shoulder belts;
“(8) whether to apply scaled injury criteria performance levels, including neck injury, developed for Federal Motor Vehicle Safety Standard No. 208 to child restraints and booster seats covered by in Federal Motor Vehicle Safety Standard No. 213; and
“(9) whether to include child restraint in each vehicle crash tested under the New Car Assessment Program.
“(c)
“(d)
“(e)
“(f)
“(g)
“(h)
“(i)
Improving Air Bag Safety
Pub. L. 105–178, title VII, §7103, June 9, 1998, 112 Stat. 465, provided that:
“(a)
“(1)
“(2)
“(3)
“(4)
“(5)
“(A) so certified in advance of the phase-in period; or
“(B) in excess of the percentage requirements during the phase-in period.
“(b)
§30128. Vehicle rollover prevention and crash mitigation
(a)
(b)
(c)
(1)
(2)
(d)
(e)
(1) notify the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce and explain why that deadline cannot be met; and
(2) establish a new deadline.
(Added Pub. L. 109–59, title X, §10301(a), Aug. 10, 2005, 119 Stat. 1939.)
References in Text
The date of enactment of this section, referred to in subsec. (c)(2), is the date of enactment of Pub. L. 109–59, which was approved Aug. 10, 2005.
Codification
Section 10301(a) of Pub. L. 109–59, which directed that this section be added at the end of subchapter II of chapter 301, without specifying the title to be amended, was executed by adding this section at the end of subchapter II of this chapter, to reflect the probable intent of Congress.
SUBCHAPTER III—IMPORTING NONCOMPLYING MOTOR VEHICLES AND EQUIPMENT
§30141. Importing motor vehicles capable of complying with standards
(a)
(1) on the initiative of the Secretary of Transportation or on petition of a manufacturer or importer registered under subsection (c) of this section, the Secretary decides—
(A) the vehicle is—
(i) substantially similar to a motor vehicle originally manufactured for import into and sale in the United States;
(ii) certified under section 30115 of this title;
(iii) the same model year (as defined under regulations of the Secretary of Transportation) as the model of the motor vehicle it is being compared to; and
(iv) capable of being readily altered to comply with applicable motor vehicle safety standards prescribed under this chapter; or
(B) if there is no substantially similar United States motor vehicle, the safety features of the vehicle comply with or are capable of being altered to comply with those standards based on destructive test information or other evidence the Secretary of Transportation decides is adequate;
(2) the vehicle is imported by a registered importer; and
(3) the registered importer pays the annual fee the Secretary of Transportation establishes under subsection (e) of this section to pay for the costs of carrying out the registration program for importers under subsection (c) of this section and any other fees the Secretary of Transportation establishes to pay for the costs of—
(A) processing bonds provided to the Secretary of the Treasury under subsection (d) of this section; and
(B) making the decisions under this subchapter.
(b)
(2) The Secretary of Transportation shall publish each year in the Federal Register a list of all decisions made under subsection (a)(1) of this section. Each published decision applies to the model of the motor vehicle for which the decision was made. A positive decision permits another importer registered under subsection (c) of this section to import a vehicle of the same model under this section if the importer complies with all the terms of the decision.
(c)
(A) recordkeeping requirements;
(B) inspection of records and facilities related to motor vehicles the person has imported, altered, or both; and
(C) requirements that ensure that the importer (or a successor in interest) will be able technically and financially to carry out responsibilities under sections 30117(b), 30118–30121, and 30166(f) of this title.
(2) The Secretary of Transportation shall deny registration to a person whose registration is revoked under paragraph (4) of this subsection.
(3) The Secretary of Transportation may deny registration to a person that is or was owned or controlled by, or under common ownership or control with, a person whose registration was revoked under paragraph (4) of this subsection.
(4) The Secretary of Transportation shall establish procedures for—
(A) revoking or suspending a registration issued under paragraph (1) of this subsection for not complying with a requirement of this subchapter or any of sections 30112, 30115, 30117–30122, 30125(c), 30127, or 30166 of this title or regulations prescribed under this subchapter or any of those sections;
(B) automatically suspending a registration for not paying a fee under subsection (a)(3) of this section in a timely manner or for knowingly filing a false or misleading certification under section 30146 of this title; and
(C) reinstating suspended registrations.
(d)
(A) will comply with applicable motor vehicle safety standards prescribed under this chapter within a reasonable time (specified by the Secretary of Transportation) after the vehicle is imported; or
(B) will be exported (at no cost to the United States Government) by the Secretary of the Treasury or abandoned to the Government.
(2) The amount of the bond provided under this subsection shall be at least equal to the dutiable value of the motor vehicle (as determined by the Secretary of the Treasury) but not more than 150 percent of that value.
(e)
(1) in carrying out this section and sections 30146(a)–(c)(1), (d), and (e) and 30147(b) of this title; and
(2) in advancing to the Secretary of the Treasury amounts for costs incurred under this section and section 30146 of this title to reimburse the Secretary of the Treasury for those costs.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 960; Pub. L. 103–429, §6(23), Oct. 31, 1994, 108 Stat. 4380.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30141(a) | 15:1397(c)(3)(A), (C)(i). | Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, §108(c)(2), (3)(A)–(D); added Oct. 31, 1988, Pub. L. 100–562, §2(b), 102 Stat. 2818. |
| 30141(b) | 15:1397(c)(3)(C) (ii)–(iv). | |
| 30141(c) | 15:1397(c)(3)(D). | |
| 30141(d) | 15:1397(c)(2). | |
| 30141(e) | 15:1397(c)(3)(B). |
In subsection (a)(1)(A)(iv), the words “prescribed under this chapter” are substituted for “Federal” for consistency in this chapter.
In subsection (a)(3), before clause (A), the words “any other fees” are substituted for “such other annual fee or fees” to eliminate unnecessary words. In clause (B), the words “this subchapter” are substituted for “this section” for clarity. See H. Rept. No. 100–431, 100th Cong., 1st Sess., p. 19 (1987).
In subsection (b)(1), the words “procedures for making a decision under subsection (a)(1) of this section” are substituted for “procedures for considering such petitions” and “procedures for determinations made on the Secretary's initiative” because of the restatement. The words “(whether or not confidential)” are omitted as unnecessary because of the restatement.
In subsection (b)(2), the word “permits” is substituted for “shall be sufficient authority” for clarity. The word “conditions” is omitted as being included in “terms”.
In subsection (c)(1), before clause (A), the words “under this subsection” are added for clarity. The word “including” is substituted for “include, as a minimum” to eliminate unnecessary words. In clause (B), the words “(relating to discovery, notification, and remedy of defects)” are omitted as surplus.
In subsection (c)(3), the words “directly or indirectly” are omitted as unnecessary because of the restatement.
In subsection (d)(1), before clause (A), the word “conditions” is omitted as being included in “terms”.
Pub. L. 103–429
This amends 49:30141(c)(4)(A) and 30165(a) to correct erroneous cross-references.
Amendments
1994—Subsec. (c)(4)(A). Pub. L. 103–429 substituted “any of sections 30112” for “section 30112” and inserted “any of” before “those sections”.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
§30142. Importing motor vehicles for personal use
(a)
(1) the vehicle is imported for personal use, and not for resale, by an individual (except an individual described in sections 30143 and 30144 of this title);
(2) the vehicle is imported after January 31, 1990; and
(3) the individual takes the actions required under subsection (b) of this section to receive an exemption.
(b)
(A) provide the Secretary of the Treasury (acting for the Secretary of Transportation) with—
(i) an appropriate bond in an amount determined under section 30141(d) of this title;
(ii) a copy of an agreement with an importer registered under section 30141(c) of this title for bringing the motor vehicle into compliance with applicable motor vehicle safety standards prescribed under this chapter; and
(iii) a certification that the vehicle meets the requirement of section 30141(a)(1)(A) or (B) of this title; and
(B) comply with appropriate terms the Secretary of Transportation imposes to ensure that the vehicle—
(i) will be brought into compliance with those standards within a reasonable time (specified by the Secretary of Transportation) after the vehicle is imported; or
(ii) will be exported (at no cost to the United States Government) by the Secretary of the Treasury or abandoned to the Government.
(2) For good cause shown, the Secretary of Transportation may allow an individual additional time, but not more than 30 days after the day on which the motor vehicle is offered for import, to comply with paragraph (1)(A)(ii) of this subsection.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 962.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30142(a) | 15:1397(f)(1). | Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, §108(f); added Oct. 31, 1988, Pub. L. 100–562, §2(b), 102 Stat. 2822. |
| 30142(b) | 15:1397(f)(2). |
In subsection (a)(2), the words “after January 31, 1990” are substituted for “after the effective date of the regulations initially issued to implement the amendments made to this section by the Imported Vehicle Safety Compliance Act of 1988” for clarity. See 49 C.F.R. part 591.
In subsection (a)(3), the words “the individual takes the actions required under subsection (b) of this section” are substituted for “if that individual takes the actions required by paragraph (2)” for clarity and because of the restatement.
In subsection (b)(1), the word “compliance” is substituted for “conformity” for consistency in this chapter.
In subsection (b)(1)(B), before subclause (i), the word “conditions” is omitted as being included in “terms”.
§30143. Motor vehicles imported by individuals employed outside the United States
(a)
(1) the principal location at which an individual is permanently or indefinitely assigned to work; and
(2) for a member of the uniformed services, the individual's permanent duty station.
(b)
(1) whose assigned place of employment was outside the United States as of October 31, 1988, and who has not had an assigned place of employment in the United States from that date through the date the vehicle is imported into the United States;
(2) who previously had not imported a motor vehicle into the United States under this section or section 108(g) of the National Traffic and Motor Vehicle Safety Act of 1966 or, before October 31, 1988, under section 108(b)(3) of that Act;
(3) who acquired, or made a binding contract to acquire, the vehicle before October 31, 1988;
(4) who imported the vehicle into the United States not later than October 31, 1992; and
(5) who satisfies section 108(b)(3) of that Act as in effect on October 30, 1988.
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 963.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30143(a) | 15:1397(g) (3d, last sentences). | Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, §108(g); added Oct. 31, 1988, Pub. L. 100–562, §2(b), 102 Stat. 2823. |
| 30143(b), (c) | 15:1397(g) (1st, 2d sentences). |
In subsection (b), before clause (1), the words “(including a member of the uniformed services)” are omitted as unnecessary because of the restatement. In clause (1), the words “from that date through the date the vehicle is imported into the United States” are substituted for “that date and the date of entry of such motor vehicle” for clarity and consistency in this chapter. In clause (2), the words “under this section or section 108(g) of the National Traffic and Motor Vehicle Safety Act of 1966” are substituted for “this subsection” to preserve the exemption for motor vehicles imported under the source provisions between October 30, 1988, and the effective date of this restatement. In clause (4), the word “imports” is substituted for “enters” for clarity and consistency in this chapter. In clause (5) the word “satisfies” is substituted for “meets the terms, conditions, and other requirements . . . under” to eliminate unnecessary words.
References in Text
Subsections (b)(3) and (g) of section 108 of the National Traffic and Motor Vehicle Safety Act of 1966, referred to in subsec. (b)(2), (5), are subsecs. (b)(3) and (g) of section 108 of Pub. L. 89–563, which were classified to subsecs. (b)(3) and (g), respectively, of section 1397 of Title 15, Commerce and Trade, were repealed and reenacted in sections 30112(b)(1)–(3) and 30143, respectively, of this title by Pub. L. 103–272, §§1(e), 7(b), July 5, 1994, 108 Stat. 945, 963, 1379.
§30144. Importing motor vehicles on a temporary basis
(a)
(1)(A) the personnel of the government of a foreign country on assignment in the United States or a member of the Secretariat of a public international organization designated under the International Organizations Immunities Act (22 U.S.C. 288 et seq.); and
(B) the class of individuals for whom the Secretary of State has authorized free importation of motor vehicles; or
(2) the armed forces of a foreign country on assignment in the United States.
(b)
(1) resides in the United States; and
(2) is a member described under subsection (a) of this section.
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 964; Pub. L. 104–287, §5(57), Oct. 11, 1996, 110 Stat. 3394.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30144(a) | 15:1397(h) (1st sentence). | Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, §108(h); added Oct. 31, 1988, Pub. L. 100–562, §2(b), 102 Stat. 2823. |
| 30144(b) | 15:1397(h) (2d, 3d sentences). | |
| 30144(c) | 15:1397(h) (last sentence). |
In subsection (a)(1)(B), the word “importation” is substituted for “entry” for clarity and consistency in this chapter.
In subsection (b), before clause (1), the words “that an individual is a member described under subsection (a) of this section” are substituted for “such status” for clarity. The word “imported” is substituted for “entered” for clarity and consistency in this chapter. In clause (2), the words “a member described under subsection (a) of this section” are substituted for “hold such status” for clarity.
Pub. L. 104–287
This amends 49:30144(a)(1)(A) to correct an erroneous cross-reference.
References in Text
The International Organizations Immunities Act, referred to in subsec. (a)(1)(A), is title I of act Dec. 29, 1945, ch. 652, 59 Stat. 669, as amended, which is classified principally to subchapter XVIII (§288 et seq.) of chapter 7 of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 288 of Title 22 and Tables.
Amendments
1996—Subsec. (a)(1)(A). Pub. L. 104–287 substituted “International Organizations” for “International Organization”.
§30145. Importing motor vehicles or equipment requiring further manufacturing
Section 30112(a) of this title does not apply to a motor vehicle or motor vehicle equipment if the vehicle or equipment—
(1) requires further manufacturing to perform its intended function as decided under regulations prescribed by the Secretary of Transportation; and
(2) is accompanied at the time of importation by a written statement issued by the manufacturer indicating the applicable motor vehicle safety standard prescribed under this chapter with which it does not comply.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 964.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30145 | 15:1397(e). | Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, §108(e); added Oct. 31, 1988, Pub. L. 100–562, §2(b), 102 Stat. 2822. |
In clause (2), the word “importation” is substituted for “entry” for clarity and consistency in this chapter. The words “of the incomplete motor vehicle or item of equipment” are omitted as unnecessary because of the restatement. The words “prescribed under this chapter” are substituted for “Federal” for consistency in this chapter.
§30146. Release of motor vehicles and bonds
(a)
(2) The Secretaries of Transportation and the Treasury shall prescribe regulations—
(A) ensuring the release of a motor vehicle and bond required under section 30141(d) of this title at the end of the 30-day period, unless the Secretary of Transportation issues a notice of an inspection under subsection (c) of this section; and
(B) providing that the Secretary of Transportation shall release the vehicle and bond promptly after an inspection under subsection (c) of this section showing compliance with the standards applicable to the vehicle.
(3) Each registered importer shall include on each motor vehicle released under this subsection a label prescribed by the Secretary of Transportation identifying the importer and stating that the vehicle has been altered by the importer to comply with the standards applicable to the vehicle.
(b)
(c)
(A) an inspection showing the motor vehicle complies with applicable motor vehicle safety standards prescribed under this chapter for which the inspection was made; and
(B) release of the vehicle by the Secretary.
(2) The Secretary of Transportation shall inspect periodically a representative number of motor vehicles for which certifications have been filed under subsection (a)(1) of this section. In carrying out a motor vehicle testing program under this chapter, the Secretary shall include a representative number of motor vehicles for which certifications have been filed under subsection (a)(1).
(d)
(e)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 964.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30146(a) | 15:1397(c)(3)(E)(i) (1st, 3d, last sentences), (vii). | Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, §108(c)(3)(E); added Oct. 31, 1988, Pub. L. 100–562, §2(b), 102 Stat. 2820. |
| 30146(b) | 15:1397(c)(3)(E)(ii). | |
| 30146(c) | 15:1397(c)(3)(E)(i) (2d sentence), (iii), (iv). | |
| 30146(d) | 15:1397(c)(3)(E)(vi). | |
| 30146(e) | 15:1397(c)(3)(E)(v). |
In subsection (a)(1), the words “Except as provided in subsections (c) and (d) of this section” are added because of the restatement.
In subsection (a)(2)(B), the words “showing compliance with the standards” are substituted for “showing no such failure to comply” for clarity.
1 So in original. Probably should be “misrepresentation.”
§30147. Responsibility for defects and noncompliance
(a)
(A) for a defect or noncompliance with an applicable motor vehicle safety standard prescribed under this chapter for a motor vehicle originally manufactured for import into the United States, an imported motor vehicle having a valid certification under section 30146(a)(1) of this title and decided to be substantially similar to that motor vehicle shall be deemed as having the same defect or as not complying with the same standard unless the manufacturer or importer registered under section 30141(c) of this title demonstrates otherwise to the Secretary of Transportation; and
(B) the registered importer shall be deemed to be the manufacturer of any motor vehicle that the importer imports or brings into compliance with the standards for an individual under section 30142 of this title.
(2) The Secretary shall publish in the Federal Register notice of any defect or noncompliance under paragraph (1)(A) of this subsection.
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 966.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30147(a) | 15:1397(d)(1). | Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, §108(d); added Oct. 31, 1988, Pub. L. 100–562, §2(b), 102 Stat. 2821. |
| 30147(b) | 15:1397(d)(2). |
In this section, the words “(relating to discovery, notification, and remedy of motor vehicle defects)” are omitted as surplus.
In subsection (a)(1)(A), the words “for a motor vehicle” are substituted for “in, or regarding, any motor vehicle” to eliminate unnecessary words.
In subsection (a)(1)(B), the word “compliance” is substituted for “conformity” for consistency in this chapter.
SUBCHAPTER IV—ENFORCEMENT AND ADMINISTRATIVE
§30161. Judicial review of standards
(a)
(b)
(c)
(2) The Secretary may modify findings of fact or make new findings because of the additional evidence presented. The Secretary shall file a modified or new finding, a recommendation to modify or set aside the order, and the additional evidence with the court.
(d)
(e)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 966.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30161(a) | 15:1394(a)(1) (1st sentence), (3). | Sept. 9, 1966, Pub. L. 89–563, §105(a)(1)–(5), (b), 80 Stat. 720, 721. |
| 30161(b) | 15:1394(a)(1) (2d, last sentences). | |
| 30161(c) | 15:1394(a)(2). | |
| 30161(d) | 15:1394(b). | |
| 30161(e) | 15:1394(a)(4), (5). |
In subsection (a), the words “In a case of actual controversy as to the validity of” and “who will be . . . when it is effective” are omitted as surplus. The words “an order prescribing a motor vehicle safety standard under this chapter” are substituted for “any order under section 1392 of this title” for consistency. The words “apply for review” are added for clarity. The words “The petition must be filed” are substituted for “at any time” for clarity. The text of 15:1394(a)(3) is omitted as surplus because 5:ch. 7 applies unless otherwise stated.
In subsection (b), the words “or other officer designated by him for that purpose” are omitted as surplus because of 49:322(b). The words “in which the order was prescribed” are substituted for “on which the Secretary based his order” for consistency. The words “as provided in section 2112 of title 28” are omitted as surplus.
In subsection (c)(1), the words “in such manner and upon such terms and conditions as to the court may seem proper” are omitted as surplus. The words “is satisfied” are substituted for “shows to the satisfaction of” to eliminate unnecessary words. The words “and to be adduced upon the hearing” are omitted as unnecessary.
In subsection (c)(2), the words “with the court” are substituted for “the return of” for clarity.
In subsection (d), the words “thereof” and “criminal, exclusion of imports, or other” are omitted as surplus. The words “under this section” are substituted for “with respect to the order” for clarity. The word “previously” is omitted as surplus.
In subsection (e), the words “under this section is final and may be reviewed only” are substituted for “affirming or setting aside, in whole or in part, any such order of the Secretary shall be final, subject to review” to eliminate unnecessary words. The text of 15:1394(a)(5) is omitted because of rule 43 of the Federal Rules of Appellate Procedure (28 App. U.S.C.).
§30162. Petitions by interested persons for standards and enforcement
(a)
(1) to prescribe a motor vehicle safety standard under this chapter; or
(2) to decide whether to issue an order under section 30118(b) of this title.
(b)
(c)
(d)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 967.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30162(a) | 15:1410a(a). | Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, §124(a)–(d); added Oct. 27, 1974, Pub. L. 93–492, §106, 88 Stat. 1481. |
| 30162(b) | 15:1410a(b). | |
| 30162(c) | 15:1410a(c). | |
| 30162(d) | 15:1410a(d). |
Subsection (a)(1) is substituted for “the issuance of an order pursuant to section 1392 of this title” for clarity and because of the restatement.
In subsection (b), the words “a motor vehicle safety standard” are added because of the restatement. The words “referred to in subsection (a) of this section” are added for clarity. The words “of the substance” are omitted as surplus.
In subsection (c), the words “as he deems appropriate in order” and “or not” are omitted as surplus.
In subsection (d), the words “described in subsection (b) of this section”, “either”, and “requested in the petition” are omitted as surplus.
§30163. Actions by the Attorney General
(a)
(1) a violation of this chapter or a regulation prescribed or order issued under this chapter; and
(2) the sale, offer for sale, or introduction or delivery for introduction, in interstate commerce, or the importation into the United States, of a motor vehicle or motor vehicle equipment for which it is decided, before the first purchase in good faith other than for resale, that the vehicle or equipment—
(A) contains a defect related to motor vehicle safety about which notice was given under section 30118(c) of this title or an order was issued under section 30118(b) of this title; or
(B) does not comply with an applicable motor vehicle safety standard prescribed under this chapter.
(b)
(c)
(d)
(e)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 967.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30163(a) | 15:1399(a) (1st sentence). | Sept. 9, 1966, Pub. L. 89–563, §110(a), (c), 80 Stat. 723, 724; Oct. 27, 1974, Pub. L. 93–492, §§102(b)(2), 103(c), 88 Stat. 1477, 1478. |
| 15:1424(b) (related to injunctions). | Sept. 9, 1966, Pub. L. 89–563, §204(b) (related to injunctions), 80 Stat. 729. | |
| 30163(b) | 15:1399(a) (2d, last sentences). | |
| 30163(c) | 15:1399(c). | |
| 30163(d) | 15:1399(b). | Sept. 9, 1966, Pub. L. 89–563, §110(b), (d) (related to §110), 80 Stat. 723, 724. |
| 30163(e) | 15:1399(d) (related to 15:1399). |
In subsection (a), before clause (1), the text of 15:1424(b) (related to injunctions) is omitted because of the restatement. The words “The Attorney General may bring a civil action” are substituted for “upon petition by . . . the Attorney General” for consistency. The words “the appropriate United States attorney or . . . on behalf of the United States” are omitted as surplus. The words “for cause shown and subject to the provisions of rule 65(a) and (b) of the Federal Rules of Civil Procedure” are omitted as surplus. In clause (1), the words “a regulation prescribed or order issued under this chapter” are substituted for “(or rules, regulations or orders thereunder)” for clarity and consistency and because “rule” and “regulation” are synonymous. In clause (2), before subclause (A), the words “that the vehicle or equipment” are added for clarity. The words “of such vehicle” and “purposes” are omitted as surplus. In subclause (B), the words “does not comply with” are substituted for “is determined . . . not to conform to” for clarity and consistency.
In subsections (b), (c), and (e), the word “civil” is added because of rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.).
In subsection (b), the words “comply with the applicable motor vehicle safety standard prescribed under this chapter” are substituted for “achieve compliance”, and the words “a court” are added, for clarity.
In subsection (c), the words “any act or transaction constituting the” are omitted as surplus. The word “resides” is substituted for “is an inhabitant” for consistency in the revised title. The words “the action” are substituted for “such cases” for consistency.
In subsection (d), the words “the defendant may demand a jury trial” are substituted for “trial shall be by the court, or, upon demand of the accused, by a jury” to eliminate unnecessary words and for consistency in the revised title.
In subsection (e), the words “who are required to attend a United States district court” are omitted as surplus. The words “be served in” are substituted for “run into” for clarity.
§30164. Service of process
(a)
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 968.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30164(a) | 15:1399(e) (1st sentence). | Sept. 9, 1966, Pub. L. 89–563, §110(e), 80 Stat. 724. |
| 30164(b) | 15:1399(e) (last sentence). |
In subsection (a), the words “A manufacturer offering . . . shall” are substituted for “It shall be the duty of every manufacturer offering . . . to” to eliminate unnecessary words. The words “into the United States”, “all . . . orders, decisions and requirements”, and “for and on behalf of said manufacturer” are omitted as surplus. The words “The designation may be changed in the same way as originally made” are substituted for “which designation may from time to time be changed by like writing, similarly filed” for clarity.
In subsection (b), the words “An agent may be served” are substituted for “Service of all administrative and judicial processes, notices, orders, decisions and requirements may be made upon said manufacturer by service upon such designated agent” to eliminate unnecessary words. The words “Service on the agent is deemed to be service on the manufacturer” are substituted for “with like effects as if made personally upon said manufacturer”, and the words “If a manufacturer does not designate an agent” are substituted for “and in default of such designation of such agent”, for clarity. The words “of process, notice, order, requirement or decision in any proceeding before the Secretary or in any judicial proceeding for enforcement of this subchapter or any standards prescribed pursuant to this subchapter” and “order, requirement or decision” are omitted as surplus.
§30165. Civil penalty
(a)
(1)
(2)
(A)
(i) the manufacture, sale, offer for sale, introduction or delivery for introduction into interstate commerce, or importation of a school bus or school bus equipment (as those terms are defined in section 30125(a) of this title) in violation of section 30112(a)(1) of this title; or
(ii) a violation of section 30112(a)(2) of this title.
(B)
(3)
(b)
(2) The Government may deduct the amount of a civil penalty imposed or compromised under this section from amounts it owes the person liable for the penalty.
(c)
(d)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 968; Pub. L. 103–429, §6(23), Oct. 31, 1994, 108 Stat. 4380; Pub. L. 106–414, §5(a), Nov. 1, 2000, 114 Stat. 1803; Pub. L. 109–59, title X, §10309(c), Aug. 10, 2005, 119 Stat. 1942.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30165(a) | 15:1398(a). | Sept. 9, 1966, Pub. L. 89–563, §109(a), 80 Stat. 723; Oct. 27, 1974, Pub. L. 93–492, §103(b), 88 Stat. 1478. |
| 15:1424(b) (related to civil penalty). | Sept. 9, 1966, Pub. L. 89–563, §§109(b), 110(d) (related to §109), 204(b) (related to civil penalty), 80 Stat. 723, 724, 729. | |
| 30165(b) | 15:1398(b) (1st, last sentences). | |
| 30165(c) | 15:1398(b) (2d sentence). | |
| 30165(d) | 15:1399(d) (related to 15:1398). |
In subsection (a), the text of 15:1424(b) (related to civil penalty) is omitted because of the restatement. The words “is liable to the United States Government for” are substituted for “shall be subject to” for consistency. The words “A separate violation occurs for” are substituted for “Such violation of a provision of section 1397 of this title, or regulations issued thereunder, shall constitute a separate violation with respect to” to eliminate unnecessary words.
In subsection (b)(2), the words “amount of a civil penalty imposed or compromised” are substituted for “amount of such penalty, when finally determined, or the amount agreed upon in compromise” to eliminate unnecessary words.
In subsection (d), the words “who are required to attend a United States district court” are omitted as surplus. The words “be served in” are substituted for “run into” for clarity.
Pub. L. 103–429
This amends 49:30141(c)(4)(A) and 30165(a) to correct erroneous cross-references.
References in Text
Section 30123(d) of this title, referred to in subsec. (a)(1), was redesignated section 30123(a) of this title by Pub. L. 105–178, title VII, §7106(b), June 9, 1998, 112 Stat. 467.
Amendments
2005—Subsec. (a)(2), (3). Pub. L. 109–59, which directed amendment of section 30165(a), without specifying the title to be amended, by adding par. (2) and redesignating former par. (2) as (3), was executed to this section, to reflect the probable intent of Congress.
2000—Subsec. (a). Pub. L. 106–414 amended heading and text generally. Prior to amendment, text read as follows: “A person that violates any of sections 30112, 30115, 30117–30122, 30123(d), 30125(c), 30127, 30141–30147, or 30166 of this title or a regulation prescribed under any of those sections is liable to the United States Government for a civil penalty of not more than $1,000 for each violation. A separate violation occurs for each motor vehicle or item of motor vehicle equipment and for each failure or refusal to allow or perform an act required by any of those sections. The maximum penalty under this subsection for a related series of violations is $800,000.”
1994—Subsec. (a). Pub. L. 103–429 substituted “any of sections 30112” for “section 30112” and inserted “any of” before “those sections” in two places.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
1 See References in Text note below.
§30166. Inspections, investigations, and records
(a)
(b)
(A) that may be necessary to enforce this chapter or a regulation prescribed or order issued under this chapter; or
(B) related to a motor vehicle accident and designed to carry out this chapter.
(2) The Secretary of Transportation shall cooperate with State and local officials to the greatest extent possible in an inspection or investigation under paragraph (1)(B) of this subsection.
(c)
(1) at reasonable times, may inspect and copy any record related to this chapter;
(2) on request, may inspect records of a manufacturer, distributor, or dealer to decide whether the manufacturer, distributor, or dealer has complied or is complying with this chapter or a regulation prescribed or order issued under this chapter; and
(3) at reasonable times, in a reasonable way, and on display of proper credentials and written notice to an owner, operator, or agent in charge, may—
(A) enter and inspect with reasonable promptness premises in which a motor vehicle or motor vehicle equipment is manufactured, held for introduction in interstate commerce, or held for sale after introduction in interstate commerce;
(B) enter and inspect with reasonable promptness premises at which a vehicle or equipment involved in a motor vehicle accident is located;
(C) inspect with reasonable promptness that vehicle or equipment; and
(D) impound for not more than 72 hours a vehicle or equipment involved in a motor vehicle accident.
(d)
(e)
(f)
(g)
(A) require, by general or special order, any person to file reports or answers to specific questions, including reports or answers under oath; and
(B) conduct hearings, administer oaths, take testimony, and require (by subpena or otherwise) the appearance and testimony of witnesses and the production of records the Secretary considers advisable.
(2) A witness summoned under this subsection is entitled to the same fee and mileage the witness would have been paid in a court of the United States.
(h)
(i)
(j)
(k)
(l)
(1)
(2)
(3)
(m)
(1)
(2)
(3)
(A)
(i) data on claims submitted to the manufacturer for serious injuries (including death) and aggregate statistical data on property damage from alleged defects in a motor vehicle or in motor vehicle equipment; or
(ii) customer satisfaction campaigns, consumer advisories, recalls, or other activity involving the repair or replacement of motor vehicles or items of motor vehicle equipment.
(B)
(C)
(4)
(A)
(i) how such information will be reviewed and utilized to assist in the identification of defects related to motor vehicle safety;
(ii) the systems and processes the Secretary will employ or establish to review and utilize such information; and
(iii) the manner and form of reporting such information, including in electronic form.
(B)
(C)
(D)
(5)
(n)
(1)
(2)
(A) the defect or noncompliance of the tire is remedied as required by section 30120; or
(B) notification of the defect or noncompliance is required under section 30118(b) but enforcement of the order is restrained or the order is set aside in a civil action to which section 30121(d) applies.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 969; Pub. L. 103–429, §6(24), Oct. 31, 1994, 108 Stat. 4380; Pub. L. 104–88, title III, §308(j), Dec. 29, 1995, 109 Stat. 947; Pub. L. 104–287, §6(f)(3), Oct. 11, 1996, 110 Stat. 3399; Pub. L. 106–414, §3(a)–(c), Nov. 1, 2000, 114 Stat. 1800–1802.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30166(a) | 15:1397(a)(1)(B), (E) (as 1397(a)(1)(B), (E) relates to 15:1401(a)(3)(B)). | Sept. 9, 1966, Pub. L. 89–563, §108(a)(1)(B) (related to §112(a)–(c)), (D) (related to §158(a)(1)), (E) (related to §112(a)–(c)), 80 Stat. 722; Oct. 27, 1974, Pub. L. 93–492, §103(a)(1)(A), (2), (3), 88 Stat. 1477, 1478. |
| 15:1401(a)(3)(B). | Sept. 9, 1966, Pub. L. 89–563, §112(a)–(c), 80 Stat. 725; restated Oct. 27, 1974, Pub. L. 93–492, §104(a), 88 Stat. 1478. | |
| 30166(b) | 15:1397(a)(1)(B), (E) (as 1397(a)(1)(B), (E) relates to 15:1401(a)(1) (1st, last sentences)). | |
| 15:1401(a)(1) (1st, last sentences). | ||
| 30166(c) | 15:1397(a)(1)(B), (E) (as 1397(a)(1)(B), (E) relates to 15:1401(a)(2), (b) (1st sentence 61st–last words), (c)(2)). | |
| 15:1401(a)(2), (b) (1st sentence 61st–last words), (c)(2). | ||
| 30166(d) | 15:1397(a)(1)(B), (E) (as 1397(a)(1)(B), (E) relates to 15:1401(a)(3)(A)). | |
| 15:1401(a)(3)(A). | ||
| 30166(e) | 15:1397(a)(1)(B), (E) (as 1397(a)(1)(B), (E) relates to 15:1401(b) (1st sentence 1st–60th words, last sentence)). | |
| 15:1401(b) (1st sentence 1st–60th words, last sentence). | ||
| 30166(f) | 15:1397(a)(1)(D) (related to 15:1418(a)(1)). | |
| 15:1418(a)(1). | Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, §158(a)(1); added Oct. 27, 1974, Pub. L. 93–492, §102(a), 88 Stat. 1475. | |
| 30166(g) | 15:1397(a)(1)(B), (E) (as 1397(a)(1)(B), (E) relates to 15:1401(c)(1), (3), (5)). | |
| 15:1401(c)(1), (3), (5). | ||
| 30166(h) | 15:1397(a)(1)(B), (E) (as 1397(a)(1)(B), (E) relates to 15:1401(c)(4)). | |
| 15:1401(c)(4). | ||
| 30166(i) | 15:1397(a)(1)(B), (E) (as 1397(a)(1)(B), (E) relates to 15:1401(c)(6)). | |
| 15:1401(c)(6). | ||
| 30166(j) | 15:1396 (related to inspecting and testing). | Sept. 9, 1966, Pub. L. 89–563, §107 (related to inspecting and testing), 80 Stat. 721. |
| 30166(k) | 15:1397(a)(1)(B), (E) (as 1397(a)(1)(B), (E) relates to 15:1401(a)(1) (2d sentence)). | |
| 15:1401(a)(1) (2d sentence). |
In this section, the words “regulation prescribed or order issued under this chapter” are substituted for “rules, regulations, or orders issued thereunder” and “regulations and orders promulgated thereunder” for consistency and because “rule” and “regulation” are synonymous. The text of 15:1397(a)(1)(B) and (E) (as 1397(a)(1)(B), (E) relates to 15:1401) is omitted as surplus.
In subsection (a), the words “As used” are omitted as surplus. The word “use” is omitted as being included in “operation”.
In subsection (b)(1)(A), the words “this chapter” are substituted for “this subchapter” because of the restatement.
In subsection (b)(1)(B), the words “the facts, circumstances, conditions, and causes of” are omitted as surplus. The words “designed to carry out” are substituted for “which is for the purposes of carrying out” to eliminate unnecessary words.
In subsection (b)(2), the words “making”, “appropriate”, and “consistent with the purposes of this subsection” are omitted as surplus.
In subsection (c), before clause (1), the words “In carrying out this chapter” are substituted for “For purposes of carrying out paragraph (1)” in 15:1401(a)(2) and “In order to carry out the provisions of this subchapter” in 15:1401(c)(2) for clarity and consistency in this chapter. The words “an officer or employee designated by the Secretary of Transportation” are substituted for “officers or employees duly designated by the Secretary” in 15:1401(a)(2), “an officer or employee duly designated by the Secretary” in 15:1401(b), and “his duly authorized agent” in 15:1401(c)(2) for consistency. In clause (1), the words “may inspect and copy” are substituted for “shall . . . have access to, and for the purposes of examination the right to copy” in 15:1401(c)(2) to eliminate unnecessary words. The words “of any person having materials or information . . . any function of the Secretary under” are omitted as surplus. In clause (2), the word “may” is substituted for “permit such officer or employee to” in 15:1401(b) because of the restatement. The words “appropriate” and “relevant” are omitted as surplus. In clause (3)(A)–(C), the words “inspect with reasonable promptness” are substituted for 15:1401(a)(2) (last sentence) to eliminate unnecessary words and for consistency. In clause (3)(A), the word “premises” is substituted for “factory, warehouse, or establishment” for consistency. In clause (3)(D), the words “not more than” are substituted for “a period not to exceed” for consistency.
In subsection (d), the words “for the purpose of inspection” and “the authority of” are omitted as surplus. The words “is inspected or temporarily impounded under subsection (c)(3) of this section” are substituted for “Whenever, under the authority of paragraph (2)(B), the Secretary inspects or temporarily impounds for the purpose of inspection” for clarity and to correct the cross-reference in the source provision. The words “to its owner” are omitted as surplus.
In subsection (e), the words “establish and” are omitted as surplus. The words “This subsection does not impose” are substituted for “Nothing in this subsection shall be construed as imposing” for consistency and to eliminate unnecessary words.
In subsection (f), the words “notices, bulletins, and other” are omitted as surplus. The words “with a motor vehicle safety standard prescribed under this chapter” are added for clarity. The text of 15:1397(a)(1)(D) (related to 15:1418(a)(1)) is omitted as surplus.
In subsection (g)(1), before clause (A), the words “or on the authorization of the Secretary, any officer or employee of the Department of Transportation” are omitted as surplus because of 49:322(b). In clause (A), the words “in writing”, “in such form as the Secretary may prescribe”, “relating to any function of the Secretary under this subchapter”, and “shall be filed with the Secretary within such reasonable period as the Secretary may prescribe” are omitted as surplus. In clause (B), the words “sit and act at such times and places” are omitted as being included in “conduct hearings”. The word “records” is substituted for “such books, papers, correspondence, memorandums, contracts, agreements, or other records” for consistency in the revised title and with other titles of the United States Code.
In subsection (h), the words “A civil action to enforce a subpena or order . . . may be brought in the United States district court for the judicial district in which the proceeding is conducted” are substituted for “any of the district courts of the United States within the jurisdiction of which an inquiry is carried on may, in the case of contumacy or refusal to obey a subpena or order of the Secretary or such officer or employee . . . issue an order requiring compliance therewith” for clarity and to eliminate unnecessary words. The words “an order of the court to comply with a subpena or order” are substituted for “such order of the court” for clarity.
In subsection (i), the words “United States” are substituted for “Federal” for consistency. The words “to provide” are substituted for “from” because of the restatement. The words “his functions under” are omitted as surplus. The words “head of the” are added for consistency. The words “to the Department of Transportation . . . made by the Secretary” are omitted as surplus. The words “detail personnel on a reimbursable basis” are substituted for 15:1401(c)(6)(B) to eliminate unnecessary words and because of the restatement. The word “otherwise” is added for clarity. The words “be deemed to” and “provision of” are omitted as surplus.
In subsection (j), the words “departments, agencies, and instrumentalities of the Government, States, and other public and private agencies” are substituted for “other Federal departments and agencies, and State and other interested public and private agencies” for consistency.
In subsection (k), the words “for appropriate action” are omitted as surplus.
Pub. L. 103–429
This amends 49:30166(h) to clarify the restatement of 15:1401(c)(4) by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 970).
References in Text
The date of the enactment of the Transportation Recall Enhancement, Accountability, and Documentation (TREAD) Act, referred to in subsecs. (m)(1) and (n)(1), is the date of enactment of Pub. L. 106–414, which was approved Nov. 1, 2000.
Amendments
2000—Subsecs. (l) to (n). Pub. L. 106–414 added subsecs. (l) to (n).
1996—Subsec. (d). Pub. L. 104–287 made technical amendment to directory language of Pub. L. 104–88, §308(j). See 1995 Amendment note below.
1995—Subsec. (d). Pub. L. 104–88, §308(j), as amended by Pub. L. 104–287, substituted “subchapter I of chapter 135” for “subchapter II of chapter 105”.
1994—Subsec. (h). Pub. L. 103–429 substituted “any judicial district” for “the judicial district”.
Effective Date of 1996 Amendment
Section 6(f)(3) of Pub. L. 104–287 provided that the amendment made by that section is effective Dec. 29, 1995.
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 701 of this title.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
§30167. Disclosure of information by the Secretary of Transportation
(a)
(1) to other officers and employees carrying out this chapter.
(2) when relevant to a proceeding under this chapter.
(3) to the public if the confidentiality of the information is preserved.
(4) to the public when the Secretary of Transportation decides that disclosure is necessary to carry out section 30101 of this title.
(b)
(c)
(d)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 970.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30167(a) | 15:1397(a)(1)(B) (related to 15:1401(e) (1st sentence)), (D) (related to 15:1418(a)(2)(B)), (E) (related to 15:1401(e) (1st sentence)). | Sept. 9, 1966, Pub. L. 89–563, §108(a)(1)(B) (related to §112(e)), (D) (related to §158(a)(2)), (E) (related to §112(e)), 80 Stat. 722; Oct. 27, 1974, Pub. L. 93–492, §103(a)(1)(A), (2), (3), 88 Stat. 1477, 1478. |
| 15:1401(e) (1st sentence). | Sept. 9, 1966, Pub. L. 89–563, §112(e), 80 Stat. 725; Oct. 27, 1974, Pub. L. 93–492, §104(b), 88 Stat. 1480. | |
| 15:1402(b)(2) (1st sentence). | Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, §113; added Oct. 27, 1974, Pub. L. 93–492, §105, 88 Stat. 1480. | |
| 15:1418(a)(2)(B). | Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, §158(a)(2); added Oct. 27, 1974, Pub. L. 93–492, §102(a), 88 Stat. 1476. | |
| 30167(b) | 15:1397(a)(1)(D) (related to 15:1418(a)(2)(A), (C)). | |
| 15:1418(a)(2)(A), (C). | ||
| 30167(c) | 15:1402(a), (b)(1), (c)–(e). | |
| 30167(d) | 15:1397(a)(1)(B), (E) (as 1397(a)(1)(B), (E) relates to 15:1401(e) (last sentence)). | |
| 15:1401(e) (last sentence). | ||
| 15:1402(b)(2) (last sentence). |
In this section, the text of 15:1397(a)(1)(B) (related to 15:1401(e)), (D) (related to 15:1418(a)(2)), and (E) (related to 15:1401(e)) is omitted as surplus.
In subsection (a), before clause (1), the words “Except as otherwise provided in section 1418(a)(2) and section 1402(b) of this title” in 15:1401(e) (1st sentence) are omitted, and the words “Information obtained under this chapter related to a confidential matter” are substituted for “all information reported to or otherwise obtained by the Secretary or his representative pursuant to this subchapter which information contains or relates to a trade secret or other matter” in 15:1401(e) (1st sentence) and “described in subparagraph (A)” in 15:1418(a)(2)(B), because of the restatement. The words “shall be considered confidential for the purpose of that section” are omitted as surplus. The words “may be disclosed only in the following ways” are substituted for “except that such information may be disclosed” in 15:1401(e) (1st sentence) and 15:1402(b)(2) (1st sentence) and “and shall not be disclosed; unless” in 15:1418(a)(2)(B) to eliminate unnecessary words. Clause (3) is substituted for 15:1402(b)(2) (1st sentence words before 2d comma) to eliminate unnecessary words.
In subsection (b), the words “Subject to” are substituted for “Except as provided in” for consistency. The words “to the public so much of any” and “which is” are omitted as surplus. The words “which relates to motor vehicle safety” and “with an applicable Federal motor vehicle safety standard” are omitted because of the restatement. The words “the purposes of” and “and not in lieu of” are omitted as surplus.
In subsection (c), the words “For purposes of this section, the term ‘cost information’ means” and “such cost information” are omitted because of the restatement. The words “alleged”, “both”, and “resulting from action by the Secretary, in such form” are omitted as surplus. The words “Such term includes” are omitted because of the restatement. The words “to evaluate” are substituted for “to make an informed judgment” to eliminate unnecessary words and for consistency in the subsection. The words “(in such detail as the Secretary may by regulation or order prescribe)” are omitted as surplus because of 49:322(a). The word “thereafter” is omitted as surplus. The word “evaluate” is substituted for “prepare an evaluation of” to eliminate unnecessary words. The words “The Secretary” are added for clarity. The text of 15:1402(d) is omitted as surplus because of 49:322(a). The text of 15:1402(e) is omitted as surplus because of the restatement.
In subsection (d), the words “by the Secretary or any officer or employee under his control” and “duly” are omitted as surplus. The words “to have the information” are added for clarity.
§30168. Research, testing, development, and training
(a)
(A) collecting information to determine the relationship between motor vehicle or motor vehicle equipment performance characteristics and—
(i) accidents involving motor vehicles; and
(ii) the occurrence of death or personal injury resulting from those accidents;
(B) obtaining experimental and other motor vehicles and motor vehicle equipment for research or testing; and
(C) selling or otherwise disposing of test motor vehicles and motor vehicle equipment and crediting the proceeds to current appropriations available to carry out this chapter.
(2) The Secretary may carry out this subsection through grants to States, interstate authorities, and nonprofit institutions.
(b)
(c)
(1) a brief description of the facility being planned, designed, or built;
(2) the location of the facility;
(3) an estimate of the maximum cost of the facility;
(4) a statement identifying private and public agencies that will use the facility and the contribution each agency will make to the cost of the facility; and
(5) a justification of the need for the facility.
(d)
(e)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 971; Pub. L. 104–287, §5(58), Oct. 11, 1996, 110 Stat. 3394.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30168(a) | 15:1395(a), (b). | Sept. 9, 1966, Pub. L. 89–563, §§106, 118, 80 Stat. 721, 728. |
| 30168(b) | 15:1406. | |
| 30168(c) | 15:1431(a). | Sept. 9, 1966, Pub. L. 89–563, §301, 80 Stat. 729; restated May 22, 1970, Pub. L. 91–265, §7, 84 Stat. 263. |
| 30168(d) | 15:1431(b). | |
| 30168(e) | 15:1395(c). |
In subsection (a)(1), before clause (A), the words “the purposes of” and “but not limited to” are omitted as surplus. In clause (A), before subclause (i), the words “from any source” are omitted as surplus. In clause (B), the words “(by negotiation or otherwise)” and “purposes” are omitted as surplus. In clause (C), the word “crediting” is substituted for “reimbursing” because it is more appropriate. The words “of such sale or disposal” and “the purposes of” are omitted as surplus.
In subsection (a)(2), the words “conduct research, testing, development, and training as authorized to be . . . for the conduct of such research, testing, development, and training” are omitted as surplus. The word “authorities” is substituted for “agencies” for consistency.
In subsection (b), the words “in order” are omitted as surplus.
In subsection (c), before clause (1), the word “suitable” is omitted as surplus. The word “testing” is substituted for “compliance and other testing” to eliminate unnecessary words. The words “An expenditure of more than $100,000 . . . may be made only” are substituted for “except that no appropriation shall be made . . . involving an expenditure in excess of $100,000” as being more precise and to eliminate unnecessary words. The words “substantially similar resolutions” are substituted for “resolutions adopted in substantially the same form” to eliminate unnecessary words. The words “Energy and Commerce” are substituted for “Interstate and Foreign Commerce”, and the words “Public Works and Transportation” are substituted for “Public Works”, to conform to the amendments made to House Rule X changing the names of those committees. The words “Commerce, Science, and Transportation” are substituted for “Commerce”, and the words “Environment and Public Works” are substituted for “Public Works”, to conform to the amendments made to Senate Rule XXV changing the names of those committees. The words “To obtain that” are substituted for “For the purpose of securing consideration of such” to eliminate unnecessary words. The words “The prospectus shall include” are substituted for “including” for clarity. The words “(but not limited to)” are omitted as surplus. In clause (5), the words “statement of” are omitted as surplus.
In subsection (d), the words “if any” are omitted as surplus. The words “in the cost of the facility” are substituted for “authorized by this subsection”, and the words “The Secretary shall decide what increase in construction costs has occurred” are substituted for “as determined by the Secretary”, for clarity.
In subsection (e), the words “United States Government” are substituted for “Federal” for consistency. The words “arrangement for the activity” are substituted for “contract, grant, or other arrangement for such research or development activity”, and the words “patents, and developments” are substituted for “uses, processes, patents, and other developments”, to eliminate unnecessary words. The words “encouraging motor vehicle safety”, “effective”, “fully and freely”, and “general” are omitted as surplus. The word “However” is added for clarity. The words “may not be” are substituted for “Nothing herein shall be construed to” for consistency. The words “which he may have” are omitted as surplus.
Amendments
1996—Subsec. (c). Pub. L. 104–287 substituted “Committees on Commerce and Transportation and Infrastructure” for “Committees on Energy and Commerce and Public Works and Transportation”.
§30169. Annual reports
(a)
(1) a thorough statistical compilation of accidents and injuries;
(2) motor vehicle safety standards in effect or prescribed under this chapter;
(3) the degree of observance of the standards;
(4) a summary of current research grants and contracts and a description of the problems to be considered under those grants and contracts;
(5) an analysis and evaluation of research activities completed and technological progress achieved;
(6) enforcement actions;
(7) the extent to which technical information was given the scientific community and consumer-oriented information was made available to the public; and
(8) recommendations for legislation needed to promote cooperation among the States in improving traffic safety and strengthening the national traffic safety program.
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 972.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30169(a) | 15:1408. | Sept. 9, 1966, Pub. L. 89–563, §120, 80 Stat. 728; May 22, 1970, Pub. L. 91–265, §5, 84 Stat. 263; Oct. 27, 1974, Pub. L. 93–492, §110(b), 88 Stat. 1484. |
| 30169(b) | 15:1397 (note). | Oct. 31, 1988, Pub. L. 100–562, §2(e)(4), 102 Stat. 2825. |
In subsection (a), before clause (1), the words “prepare and”, “comprehensive”, and “but not be restricted to” are omitted as unnecessary. In clause (1), the words “occurring in such year” are omitted as surplus. In clause (2), the words “in such year” are omitted as surplus. The words “under this chapter” are substituted for “Federal” for consistency in this chapter. In clause (3), the words “applicable Federal motor vehicle” are omitted as surplus. In clause (4), the word “all” is omitted as surplus. In clause (5), the words “including relevant policy recommendations” and “during such year” are omitted as surplus. In clause (6), the words “a statement of . . . including judicial decisions, settlements, or pending litigation during such year” are omitted as surplus. In clause (7), the word “motoring” is omitted as surplus. In clause (8), the words “The report required by subsection (a) of this section shall contain such” are omitted because of the restatement. The words “additional . . . as the Secretary deems” and “several” are omitted as surplus.
References in Text
Section 2(e)(1)(B) of the Imported Vehicle Safety Compliance Act of 1988, referred to in subsec. (b), is section 2(e)(1)(B) of Pub. L. 100–562, which was set out as a note under section 1397 of Title 15, Commerce and Trade, prior to repeal by Pub. L. 103–272, §7(b), July 5, 1994, 108 Stat. 1379.
§30170. Criminal Penalties
(a)
(1)
(2)
(A)
(B)
(C)
(b)
(Added Pub. L. 106–414, §5(b)(1), Nov. 1, 2000, 114 Stat. 1803.)
References in Text
Section 1365(g)(3) of title 18, referred to in subsec. (a)(1), was redesignated section 1365(h)(3) of title 18 by Pub. L. 107–307, §2(1), Dec. 2, 2002, 116 Stat. 2445.
The date of the enactment of this section, referred to in subsec. (a)(2)(B), is the date of enactment of Pub. L. 106–414, which was approved Nov. 1, 2000.
1 See References in Text note below.
CHAPTER 303—NATIONAL DRIVER REGISTER
§30301. Definitions
In this chapter—
(1) “alcohol” has the same meaning given that term in regulations prescribed by the Secretary of Transportation.
(2) “chief driver licensing official” means the official in a State who is authorized to—
(A) maintain a record about a motor vehicle operator's license issued by the State; and
(B) issue, deny, revoke, suspend, or cancel a motor vehicle operator's license issued by the State.
(3) “controlled substance” has the same meaning given that term in section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802).
(4) “motor vehicle” means a vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used on public streets, roads, or highways, but does not include a vehicle operated only on a rail line.
(5) “motor vehicle operator's license” means a license issued by a State authorizing an individual to operate a motor vehicle on public streets, roads, or highways.
(6) “participating State” means a State that has notified the Secretary under section 30303 of this title of its participation in the National Driver Register.
(7) “State” means a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and any other territory or possession of the United States.
(8) “State of record” means a State that has given the Secretary a report under section 30304 of this title about an individual who is the subject of a request for information made under section 30305 of this title.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 973.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30301 | 23:401 (note). | Oct. 25, 1982, Pub. L. 97–364, §202, 96 Stat. 1740. |
In clauses (4) and (5), the words “public streets, roads, or highways” are substituted for “highway” and “ ‘highway’ means any road or street” for consistency in the revised title.
In clause (4), the words “rail line” are substituted for “rail or rails” for consistency in the revised title.
The definitions of “Secretary”, “Register”, and “Register system” are omitted as surplus because the complete name of the Secretary of Transportation and the National Driver Register are used the first time the terms appear in a section.
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.
Protection of Domestic Violence and Crime Victims From Certain Disclosures of Information
Pub. L. 109–162, title VIII, §827, Jan. 5, 2006, 119 Stat. 3066, provided that: “In developing regulations or guidance with regard to identification documents, including driver's licenses, the Secretary of Homeland Security, in consultation with the Administrator of Social Security, shall consider and address the needs of victims, including victims of battery, extreme cruelty, domestic violence, dating violence, sexual assault, stalking or trafficking, who are entitled to enroll in State address confidentiality programs, whose addresses are entitled to be suppressed under State or Federal law or suppressed by a court order, or who are protected from disclosure of information pursuant to section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1367).”
Improved Security for Drivers’ Licenses and Personal Identification Cards
Pub. L. 110–177, title V, §508, Jan. 7, 2008, 121 Stat. 2543, provided that:
“(a)
“(1)
“(2)
“(A) In the case of a Justice of the United States, the address of the United States Supreme Court.
“(B) In the case of a judge of a Federal court, the address of the courthouse.
“(b)
Pub. L. 109–13, div. B, title II, May 11, 2005, 119 Stat. 311, provided that:
“SEC. 201. DEFINITIONS.
“In this title, the following definitions apply:
“(1)
“(2)
“(3)
“(4)
“(5)
“SEC. 202. MINIMUM DOCUMENT REQUIREMENTS AND ISSUANCE STANDARDS FOR FEDERAL RECOGNITION.
“(a)
“(1)
“(2)
“(b)
“(1) The person's full legal name.
“(2) The person's date of birth.
“(3) The person's gender.
“(4) The person's driver's license or identification card number.
“(5) A digital photograph of the person.
“(6) The person's address of principle residence.
“(7) The person's signature.
“(8) Physical security features designed to prevent tampering, counterfeiting, or duplication of the document for fraudulent purposes.
“(9) A common machine-readable technology, with defined minimum data elements.
“(c)
“(1)
“(A) A photo identity document, except that a non-photo identity document is acceptable if it includes both the person's full legal name and date of birth.
“(B) Documentation showing the person's date of birth.
“(C) Proof of the person's social security account number or verification that the person is not eligible for a social security account number.
“(D) Documentation showing the person's name and address of principal residence.
“(2)
“(A)
“(B)
“(i) is a citizen or national of the United States;
“(ii) is an alien lawfully admitted for permanent or temporary residence in the United States;
“(iii) has conditional permanent resident status in the United States;
“(iv) has an approved application for asylum in the United States or has entered into the United States in refugee status;
“(v) has a valid, unexpired nonimmigrant visa or nonimmigrant visa status for entry into the United States;
“(vi) has a pending application for asylum in the United States;
“(vii) has a pending or approved application for temporary protected status in the United States;
“(viii) has approved deferred action status; or
“(ix) has a pending application for adjustment of status to that of an alien lawfully admitted for permanent residence in the United States or conditional permanent resident status in the United States.
“(C)
“(i)
“(ii)
“(iii)
“(iv)
“(3)
“(A) Before issuing a driver's license or identification card to a person, the State shall verify, with the issuing agency, the issuance, validity, and completeness of each document required to be presented by the person under paragraph (1) or (2).
“(B) The State shall not accept any foreign document, other than an official passport, to satisfy a requirement of paragraph (1) or (2).
“(C) Not later than September 11, 2005, the State shall enter into a memorandum of understanding with the Secretary of Homeland Security to routinely utilize the automated system known as Systematic Alien Verification for Entitlements, as provided for by section 404 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 [Pub. L. 104–208, div. C, 8 U.S.C. 1324a note] (110 Stat. 3009–664), to verify the legal presence status of a person, other than a United States citizen, applying for a driver's license or identification card.
“(d)
“(1) Employ technology to capture digital images of identity source documents so that the images can be retained in electronic storage in a transferable format.
“(2) Retain paper copies of source documents for a minimum of 7 years or images of source documents presented for a minimum of 10 years.
“(3) Subject each person applying for a driver's license or identification card to mandatory facial image capture.
“(4) Establish an effective procedure to confirm or verify a renewing applicant's information.
“(5) Confirm with the Social Security Administration a social security account number presented by a person using the full social security account number. In the event that a social security account number is already registered to or associated with another person to which any State has issued a driver's license or identification card, the State shall resolve the discrepancy and take appropriate action.
“(6) Refuse to issue a driver's license or identification card to a person holding a driver's license issued by another State without confirmation that the person is terminating or has terminated the driver's license.
“(7) Ensure the physical security of locations where drivers’ licenses and identification cards are produced and the security of document materials and papers from which drivers’ licenses and identification cards are produced.
“(8) Subject all persons authorized to manufacture or produce drivers’ licenses and identification cards to appropriate security clearance requirements.
“(9) Establish fraudulent document recognition training programs for appropriate employees engaged in the issuance of drivers’ licenses and identification cards.
“(10) Limit the period of validity of all driver's licenses and identification cards that are not temporary to a period that does not exceed 8 years.
“(11) In any case in which the State issues a driver's license or identification card that does not satisfy the requirements of this section, ensure that such license or identification card—
“(A) clearly states on its face that it may not be accepted by any Federal agency for federal identification or any other official purpose; and
“(B) uses a unique design or color indicator to alert Federal agency and other law enforcement personnel that it may not be accepted for any such purpose.
“(12) Provide electronic access to all other States to information contained in the motor vehicle database of the State.
“(13) Maintain a State motor vehicle database that contains, at a minimum—
“(A) all data fields printed on drivers’ licenses and identification cards issued by the State; and
“(B) motor vehicle drivers’ histories, including motor vehicle violations, suspensions, and points on licenses.
“SEC. 203. TRAFFICKING IN AUTHENTICATION FEATURES FOR USE IN FALSE IDENTIFICATION DOCUMENTS.
“(a)
“(b)
“(1)
“(2)
“SEC. 204. GRANTS TO STATES.
“(a)
“(b)
“SEC. 205. AUTHORITY.
“(a)
“(b)
“SEC. 206. REPEAL.
“[Repealed section 7212 of Pub. L. 108–458, set out below.]
“SEC. 207. LIMITATION ON STATUTORY CONSTRUCTION.
“Nothing in this title shall be construed to affect the authorities or responsibilities of the Secretary of Transportation or the States under chapter 303 of title 49, United States Code.”
Pub. L. 108–458, title VII, §7212, Dec. 17, 2004, 118 Stat. 3827, which prohibited acceptance by a Federal agency, for any official purpose, of a driver's license or personal identification card issued by a State more than 2 years after the promulgation of minimum standards unless the driver's license or personal identification card conformed to such minimum standards, and directed the Secretary of Transportation, in consultation with the Secretary of Homeland Security, to establish such standards not later than 18 months after Dec. 17, 2004, was repealed by Pub. L. 109–13, div. B, title II, §206, May 11, 2005, 119 Stat. 316.
Evaluation and Assessment of Alternatives
Pub. L. 105–178, title II, §2006(c), June 9, 1998, 112 Stat. 336, provided that:
“(1)
“(2)
“(3)
“(4)
§30302. National Driver Register
(a)
(1) to receive information submitted under section 30304 of this title by the chief driver licensing official of a State of record;
(2) to receive a request for information made by the chief driver licensing official of a participating State under section 30305 of this title;
(3) to refer the request to the chief driver licensing official of a State of record; and
(4) in response to the request, to relay information provided by a chief driver licensing official of a State of record to the chief driver licensing official of a participating State, without interception of the information.
(b)
(c)
(2)(A) The Secretary shall delete from the Register a report or information that was compiled under the Act of July 14, 1960 (Public Law 86–660, 74 Stat. 526), as restated by section 401 of the National Traffic and Motor Vehicle Safety Act of 1966 (Public Law 89–563, 80 Stat. 730), and transferred to the Register, after the earlier of—
(i) the date the State of record removes it from the State's file;
(ii) 7 years after the date the report or information is entered in the Register; or
(iii) the date a fully electronic Register system is established.
(B) The report or information shall be disposed of under chapter 33 of title 44.
(3) If the chief driver licensing official of a participating State finds that information provided for inclusion in the Register is erroneous or is related to a conviction of a traffic offense that subsequently is reversed, the official immediately shall notify the Secretary. The Secretary shall provide for the immediate deletion of the information from the Register.
(d)
(e)
(1)
(2)
(3)
(4)
(5)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 973; Pub. L. 105–178, title II, §2006(a), June 9, 1998, 112 Stat. 335.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30302 | 23:401 (note). | Oct. 25, 1982, Pub. L. 97–364, §203, 96 Stat. 1741. |
In subsection (a), before clause (1), the words “after the date of enactment of this title [Oct. 25, 1982]” are omitted as obsolete.
In subsection (c)(1), the words “The Secretary shall provide by regulation” are substituted for “The Secretary shall, within eighteen months after the date of enactment of this title [Oct. 25, 1982], promulgate a final rule which provides” to eliminate executed language, for consistency in the revised title, and because “rule” and “regulation” are synonymous.
The text of section 203(e) of the National Driver Register Act of 1982 (Public Law 97–364, 96 Stat. 1742) is omitted as unnecessary because of 49:322(a).
References in Text
Act of July 14, 1960, referred to in subsec. (c)(1), (2)(A), is set out below.
Amendments
1998—Subsec. (e). Pub. L. 105–178 added subsec. (e).
Register of Revocations of Motor Vehicle Operator's Licenses
Pub. L. 86–660, July 14, 1960, 74 Stat. 526, as amended by Pub. L. 87–359, Oct. 4, 1961, 75 Stat. 779; Pub. L. 89–563, title IV, §401, Sept. 9, 1966, 80 Stat. 730, provided: “That the Secretary of Commerce shall establish and maintain a register identifying each individual reported to him by a State, or political subdivision thereof, as an individual with respect to whom such State or political subdivision has denied, terminated, or temporarily withdrawn (except a withdrawal for less than six months based on a series of nonmoving violations) an individual's license or privilege to operate a motor vehicle.
“
“
§30303. State participation
(a)
(b)
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 974.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30303 | 23:401 (note). | Oct. 25, 1982, Pub. L. 97–364, §204, 96 Stat. 1742. |
In subsection (c), the words “in the form and way” are substituted for “in such form, and according to such procedures” to eliminate unnecessary words.
§30304. Reports by chief driver licensing officials
(a)
(1) who is denied a motor vehicle operator's license by that State for cause;
(2) whose motor vehicle operator's license is revoked, suspended, or canceled by that State for cause; or
(3) who is convicted under the laws of that State of any of the following motor vehicle-related offenses or comparable offenses:
(A) operating a motor vehicle while under the influence of, or impaired by, alcohol or a controlled substance.
(B) a traffic violation arising in connection with a fatal traffic accident, reckless driving, or racing on the highways.
(C) failing to give aid or provide identification when involved in an accident resulting in death or personal injury.
(D) perjury or knowingly making a false affidavit or statement to officials about activities governed by a law or regulation on the operation of a motor vehicle.
(b)
(A) the individual's legal name, date of birth, sex, and, at the Secretary's discretion, height, weight, and eye and hair color;
(B) the name of the State providing the information; and
(C) the social security account number if used by the State for driver record or motor vehicle license purposes, and the motor vehicle operator's license number if different from the social security account number.
(2) A report under subsection (a) of this section about an event that occurs during the 2-year period before the State becomes a participating State is sufficient if the report contains all of the information that is available to the chief driver licensing official when the State becomes a participating State.
(c)
(1) during the 2-year period before the State becomes a participating State, the report shall be submitted not later than 6 months after the State becomes a participating State; or
(2) after the State becomes a participating State, the report shall be submitted not later than 31 days after the motor vehicle department of the State receives any information specified in subsection (b)(1) of this section that is the subject of the report.
(d)
(e)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 975; Pub. L. 106–159, title II, §204, Dec. 9, 1999, 113 Stat. 1762.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30304 | 23:401 (note). | Oct. 25, 1982, Pub. L. 97–364, §205, 96 Stat. 1742. |
In subsection (a), before clause (1), the words “after the date of enactment of this title [Oct. 25, 1982]” are omitted as obsolete.
In subsection (b)(1)(A), the words “(including day, month, and year)” are omitted as surplus.
In subsection (b)(2), the words “A report under subsection (a) of this section” are substituted for “any report concerning an occurrence specified in subsection (a)(1), (2), or (3) of this section” to eliminate unnecessary words.
In subsection (c), before clause (1), the words “required to be transmitted by a chief driver licensing official of a State” are omitted as surplus. In clause (1), the words “specified in subsection (a)(1), (2), or (3) of this section” are omitted as surplus. In clause (2), the words “the motor vehicle department of the State receives any information specified in subsection (b)(1) of this section that is the subject of the report” are substituted for “receipt by a State motor vehicle department of any information specified in subsection (b)(1), (2), or (3) of this section which is the subject of such report” because of the restatement.
Amendments
1999—Subsec. (e). Pub. L. 106–159 added subsec. (e).
§30305. Access to Register information
(a)
(2) The Secretary of Transportation shall relay, electronically or by United States mail, information received from the chief driver licensing official of a State of record in response to a request under paragraph (1) of this subsection to the chief driver licensing official of the participating State requesting the information. However, the Secretary may refuse to relay information to the chief driver licensing official of a participating State that does not comply with section 30304 of this title.
(b)
(2) An individual who is employed, or is seeking employment, as a driver of a motor vehicle may request the chief driver licensing official of the State in which the individual is employed or seeks employment to provide information about the individual under subsection (a) of this section to the individual's employer or prospective employer. An employer or prospective employer may receive the information and shall make the information available to the individual. Information may not be obtained from the National Driver Register under this paragraph if the information was entered in the Register more than 3 years before the request, unless the information is about a revocation or suspension still in effect on the date of the request.
(3) An individual who has received, or is applying for, an airman's certificate may request the chief driver licensing official of a State to provide information about the individual under subsection (a) of this section to the Administrator of the Federal Aviation Administration. The Administrator may receive the information and shall make the information available to the individual for review and written comment. The Administrator may use the information to verify information required to be reported to the Administrator by an airman applying for an airman medical certificate and to evaluate whether the airman meets the minimum standards prescribed by the Administrator to be issued an airman medical certificate. The Administrator may not otherwise divulge or use the information. Information may not be obtained from the Register under this paragraph if the information was entered in the Register more than 3 years before the request, unless the information is about a revocation or suspension still in effect on the date of the request.
(4) An individual who is employed, or is seeking employment, by a rail carrier as an operator of a locomotive may request the chief driver licensing official of a State to provide information about the individual under subsection (a) of this section to the individual's employer or prospective employer or to the Secretary of Transportation. Information may not be obtained from the Register under this paragraph if the information was entered in the Register more than 3 years before the request, unless the information is about a revocation or suspension still in effect on the date of the request.
(5) An individual who holds, or is applying for, a license or certificate of registry under section 7101 of title 46, or a merchant mariner's document under section 7302 of title 46, may request the chief driver licensing official of a State to provide information about the individual under subsection (a) of this section to the Secretary of the department in which the Coast Guard is operating. The Secretary may receive the information and shall make the information available to the individual for review and written comment before denying, suspending, or revoking the license, certificate, or document of the individual based on the information and before using the information in an action taken under chapter 77 of title 46. The Secretary may not otherwise divulge or use the information, except for purposes of section 7101, 7302, or 7703 of title 46. Information may not be obtained from the Register under this paragraph if the information was entered in the Register more than 3 years before the request, unless the information is about a revocation or suspension still in effect on the date of the request.
(6) The head of a Federal department or agency that issues motor vehicle operator's licenses may request the chief driver licensing official of a State to obtain information under subsection (a) of this section about an individual applicant for a motor vehicle operator's license from such department or agency. The department or agency may receive the information, provided it transmits to the Secretary a report regarding any individual who is denied a motor vehicle operator's license by that department or agency for cause; whose motor vehicle operator's license is revoked, suspended, or canceled by that department or agency for cause; or about whom the department or agency has been notified of a conviction of any of the motor vehicle-related offenses or comparable offenses listed in section 30304(a)(3) and over whom the department or agency has licensing authority. The report shall contain the information specified in section 30304(b).
(7) An individual who is an officer, chief warrant officer, or enlisted member of the Coast Guard or Coast Guard Reserve (including a cadet or an applicant for appointment or enlistment of any of the foregoing and any member of a uniformed service who is assigned to the Coast Guard) may request the chief driver licensing official of a State to provide information about the individual under subsection (a) of this section to the Commandant of the Coast Guard. The Commandant may receive the information and shall make the information available to the individual. Information may not be obtained from the Register under this paragraph if the information was entered in the Register more than 3 years before the request, unless the information is about a revocation or suspension still in effect on the date of the request.
(8) An individual who is seeking employment by an air carrier as a pilot may request the chief driver licensing official of a State to provide information about the individual under subsection (a) of this section to the prospective employer of the individual or to the Secretary of Transportation. Information may not be obtained from the National Driver Register under this subsection if the information was entered in the Register more than 5 years before the request unless the information is about a revocation or suspension still in effect on the date of the request.
(9) An individual who has or is seeking access to national security information for purposes of Executive Order No. 12968, or any successor Executive order, or an individual who is being investigated for Federal employment under authority of Executive Order No. 10450, or any successor Executive order, may request the chief driver licensing official of a State to provide information about the individual pursuant to subsection (a) of this section to a Federal department or agency that is authorized to investigate the individual for the purpose of assisting in the determination of the eligibility of the individual for access to national security information or for Federal employment in a position requiring access to national security information. A Federal department or agency that receives information about an individual under the preceding sentence may use such information only for purposes of the authorized investigation and only in accordance with applicable law.
(10) A request under this subsection shall be made in the form and way the Secretary of Transportation prescribes by regulation.
(11) An individual may request the chief driver licensing official of a State to obtain information about the individual under subsection (a) of this section—
(A) to learn whether information about the individual is being provided;
(B) to verify the accuracy of the information; or
(C) to obtain a certified copy of the information.
(12) The head of a Federal department or agency authorized to receive information regarding an individual from the Register under this section may request and receive such information from the Secretary.
(c)
(1) the Secretary of Transportation may not relay or otherwise provide information specified in section 30304(b)(1)(A) or (C) of this title to a person not authorized by this section to receive the information;
(2) a request for, or receipt of, information by a chief driver licensing official, or by a person authorized by subsection (b) of this section to request and receive the information, is deemed to be a routine use under section 552a(b) of title 5; and
(3) receipt of information by a person authorized by this section to receive the information is deemed to be a disclosure under section 552a(c) of title 5, except that the Secretary of Transportation is not required to retain the accounting made under section 552a(c)(1) for more than 7 years after the disclosure.
(d)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 976; Pub. L. 104–264, title V, §502(b), Oct. 9, 1996, 110 Stat. 3262; Pub. L. 104–324, title II, §207(b), Oct. 19, 1996, 110 Stat. 3908; Pub. L. 105–102, §2(18), Nov. 20, 1997, 111 Stat. 2205; Pub. L. 105–178, title II, §2006(b), June 9, 1998, 112 Stat. 335; Pub. L. 108–375, div. A, title X, §1061, Oct. 28, 2004, 118 Stat. 2056.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30305 | 23:401 (note). | Oct. 25, 1982, Pub. L. 97–364, §206, 96 Stat. 1743; Dec. 30, 1987, Pub. L. 100–223, §305, 101 Stat. 1525; June 22, 1988, Pub. L. 100–342, §4(b), 102 Stat. 626; Aug. 18, 1990, Pub. L. 101–380, §4105(a), 104 Stat. 512. |
In subsection (a)(1), the words “on and after the date of enactment of this title [Oct. 25, 1982]” are omitted as obsolete.
In subsection (b)(1), the word “Administrator” is substituted for “Bureau of Motor Carrier Safety” for consistency.
Subsection (d) is substituted for the last 2 sentences (added twice by mistake) in paragraphs (1) and (2) and for the last sentence in paragraphs (3), (4), and (7)(C) of section 206(b) of the National Driver Register Act of 1982 (Public Law 97–364, 96 Stat. 1744) for clarity and to avoid repeating the provision unnecessarily.
Pub. L. 105–102, §2(18)(A)
This amends 49:30305(b)(8), as redesignated by section 207(b) of the Coast Guard Authorization Act of 1996 (Public Law 104–324, 110 Stat. 3908), to correct an erroneous cross-reference.
Pub. L. 105–102, §2(18)(B)
This amends 49:30305(b) to redesignate paragraph (8), as redesignated by section 502(b)(1) of the Federal Aviation Reauthorization Act of 1996 (Public Law 104–264, 110 Stat. 3262), as paragraph (9), because section 207(b) of the Coast Guard Authorization Act of 1996 (Public Law 104–324, 110 Stat. 3908), redesignated paragraph (7) as paragraph (8) but did not redesignate paragraph (8) as paragraph (9).
References in Text
Executive Order No. 12968, referred to in subsec. (b)(9), is set out as a note under section 435 of Title 50, War and National Defense.
Executive Order No. 10450, referred to in subsec. (b)(9), is set out as a note under section 7311 of Title 5, Government Organization and Employees.
Act of July 14, 1960, referred to in subsec. (d), is set out as a note under section 30302 of this title.
Amendments
2004—Subsec. (b)(9) to (12). Pub. L. 108–375 added par. (9) and redesignated former pars. (9) to (11) as (10) to (12), respectively.
1998—Subsec. (b)(2). Pub. L. 105–178, §2006(b)(1)(A), inserted before period at end “, unless the information is about a revocation or suspension still in effect on the date of the request”.
Subsec. (b)(6). Pub. L. 105–178, §2006(b)(2)(B), added par. (6). Former par. (6) redesignated (10).
Subsec. (b)(8). Pub. L. 105–178, §2006(b)(1)(C), directed amendment identical to that made by Pub. L. 105–102, §2(18)(B). See 1997 Amendment note below.
Pub. L. 105–178, §2006(b)(1)(B)(ii), realigned margins.
Pub. L. 105–178, §2006(b)(1)(B)(i), directed amendment identical to that made by Pub. L. 105–102, §2(18)(A). See 1997 Amendment note below.
Subsec. (b)(9). Pub. L. 105–178, §2006(b)(1)(C), directed amendment identical to that made by Pub. L. 105–102, §2(18)(B). See 1997 Amendment note below.
Subsec. (b)(10). Pub. L. 105–178, §2006(b)(2)(A), redesignated par. (6) as (10) and transferred it to appear after par. (9).
Subsec. (b)(11). Pub. L. 105–178, §2006(b)(2)(C), added par. (11).
1997—Subsec. (b)(8). Pub. L. 105–102, §2(18)(B), redesignated par. (8), relating to request, as (9).
Pub. L. 105–102, §2(18)(A), in par. (8), relating to individual seeking employment as pilot, substituted “subsection (a) of this section” for “paragraph (2)”.
Subsec. (b)(9). Pub. L. 105–102, §2(18)(B), redesignated par. (8), relating to request, as (9).
1996—Subsec. (b)(7). Pub. L. 104–324, §207(b), added par. (7). Former par. (7), relating to individual seeking employment as pilot, redesignated (8).
Pub. L. 104–264, §502(b), added par. (7). Former par. (7), relating to request, redesignated (8).
Subsec. (b)(8). Pub. L. 104–324, §207(b), redesignated par. (7), relating to individual seeking employment as pilot, as (8).
Pub. L. 104–264, §502(b), redesignated par. (7), relating to request, as (8).
Effective Date of 1996 Amendment
Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title.
Section 502(d) of Pub. L. 104–264 provided that: “The amendments made by this section [amending this section and sections 44936 and 46301 of this title] shall apply to any air carrier hiring an individual as a pilot whose application was first received by the carrier on or after the 120th day following the date of the enactment of this Act [Oct. 9, 1996].”
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
§30306. National Driver Register Advisory Committee
(a)
(b)
(1) the efficiency of the maintenance and operation of the National Driver Register; and
(2) the effectiveness of the Register in assisting States in exchanging information about motor vehicle driving records.
(c)
(1) 3 members appointed from among individuals who are specially qualified to serve on the Committee because of their education, training, or experience, and who are not officers or employees of the United States Government or a State.
(2) 3 members appointed from among groups outside the Government that represent the interests of bus and trucking organizations, enforcement officials, labor, or safety organizations.
(3) 9 members, geographically representative of the participating States, appointed from among individuals who are chief driver licensing officials of participating States.
(d)
(2) A vacancy on the Committee shall be filled in the same way as an original appointment. A member appointed to fill a vacancy serves for the remainder of the term of that member's predecessor. After a member's term ends, the member may continue to serve until a successor takes office.
(e)
(f)
(2) The Committee shall elect a Chairman and a Vice Chairman from among its members.
(3) Eight members are a quorum.
(4) The Committee shall meet at the call of the Chairman or a majority of the members.
(g)
(h)
(i)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 978.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30306 | 23:401 (note). | Oct. 25, 1982, Pub. L. 97–364, §209, 96 Stat. 1746. |
In subsection (a), the word “hereby” is omitted as surplus.
In subsection (c), the text of section 209(c)(2) of the National Driver Register Act of 1982 (Public Law 97–364, 96 Stat. 1746) is omitted as executed.
In subsection (g), the words “The Secretary may provide the Committee” are substituted for “The Advisory Committee may receive from the Secretary” for clarity.
In subsection (h), the cross-reference is used to avoid repeating the same language twice in this section.
References in Text
Sections 10 and 14 of the Federal Advisory Committee Act, referred to in subsec. (i), are sections 10 and 14 of Pub. L. 92–463, which are set out in the Appendix to Title 5, Government Organization and Employees.
§30307. Criminal penalties
(a)
(1) the person receives under section 30305 of this title information specified in section 30304(b)(1)(A) or (C) of this title;
(2) disclosure of the information is not authorized by section 30305 of this title; and
(3) the person willfully discloses the information knowing that disclosure is not authorized.
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 979.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30307 | 23:401 (note). | Oct. 25, 1982, Pub. L. 97–364, §208, 96 Stat. 1746; Dec. 30, 1987, Pub. L. 100–223, §305(b)(1), 101 Stat. 1526. |
In this section, the words “fined under title 18” are substituted for “fined not more than $10,000” for consistency with title 18.
In subsection (a), before clause (1), the reference to “section 30305(b)(6) of this title” is used to carry out the probable intent of Congress. Section 305(b)(1) of the Airport and Airway Safety and Capacity Expansion Act of 1987 (Public Law 100–223, 101 Stat. 1526) amended section 206(b) of the National Driver Register Act of 1982 (Public Law 97–364, 96 Stat. 1744) by “redesignating paragraphs (3) and (4), and any reference thereto, as paragraphs (4) and (5), respectively”. Because the reference to “section 206(b)(4)” in section 208 of the National Driver Register Act of 1982 appears to have been incorrect before that amendment, and would continue to be incorrect if the reference is redesignated as required by the amendment, a reference to section 30305(b)(6) is used in this section to carry out the probable intent of Congress.
References in Text
Section 30305(b) of this title, referred to in subsec. (a), was amended by Pub. L. 105–178, title II, §2006(b)(2)(A), (B), June 9, 1998, 112 Stat. 336, which added a new par. (6) and redesignated former par. (6) as (10).
1 See References in Text note below.
§30308. Authorization of appropriations
(a)
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 979; Pub. L. 103–331, title III, §343, Sept. 30, 1994, 108 Stat. 2496; Pub. L. 103–429, §6(25), Oct. 31, 1994, 108 Stat. 4380; Pub. L. 104–59, title III, §343, Nov. 28, 1995, 109 Stat. 610; Pub. L. 104–287, §5(59), Oct. 11, 1996, 110 Stat. 3394; Pub. L. 105–18, title II, §8004, June 12, 1997, 111 Stat. 195; Pub. L. 105–130, §6(c), Dec. 1, 1997, 111 Stat. 2559.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30308 | 23:401 (note). | Oct. 25, 1982, Pub. L. 97–364, §211, 96 Stat. 1747; Dec. 18, 1991, Pub. L. 102–240, §2007, 105 Stat. 2080. |
In subsection (a), the text of section 211(a) of the National Driver Register Act of 1982 (Public Law 97–364, 96 Stat. 1747) is omitted as executed. The words “and the provisions of Public Law 86–660 (74 Stat. 526)” and references to fiscal years 1983–1987 and 1992 are omitted as obsolete. The word “section” in the source provision is translated as if it were “title” to reflect the apparent intent of Congress.
Pub. L. 103–429
This amends 49:30308(b) to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 979).
Pub. L. 104–287
This amends 49:30308 to correct a grammatical error.
Amendments
1997—Subsec. (a). Pub. L. 105–130 substituted “1994,” for “1994, and” and inserted “and $1,855,000 for the period of October 1, 1997, through March 31, 1998,” after “1997,”.
Pub. L. 105–18 substituted “, 1996, and 1997” for “and 1996”.
1996—Subsec. (a). Pub. L. 104–287 inserted a comma after “September 30, 1994”.
1995—Subsec. (a). Pub. L. 104–59 substituted “and $2,550,000 for each of fiscal years 1995 and 1996” for “and $2,550,000 for fiscal year 1995”.
1994—Subsec. (a). Pub. L. 103–331 inserted “and $2,550,000 for fiscal year 1995” after “1994”.
Subsec. (b). Pub. L. 103–429 substituted “authorized” for “appropriated”.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
CHAPTER 305—NATIONAL MOTOR VEHICLE TITLE INFORMATION SYSTEM
Amendments
1997—Pub. L. 105–102, §3(b), Nov. 20, 1997, 111 Stat. 2215, amended directory language of Pub. L. 104–152. See 1996 Amendment note below.
1996—Pub. L. 104–152, §2(c), July 2, 1996, 110 Stat. 1384, as amended by Pub. L. 105–102, §3(b), Nov. 20, 1997, 111 Stat. 2215, substituted “National Motor Vehicle Title Information System” for “National Automobile Title Information System” in chapter heading and in item 30502.
§30501. Definitions
In this chapter—
(1) “automobile” has the same meaning given that term in section 32901(a) of this title.
(2) “certificate of title” means a document issued by a State showing ownership of an automobile.
(3) “insurance carrier” means an individual or entity engaged in the business of underwriting automobile insurance.
(4) “junk automobile” means an automobile that—
(A) is incapable of operating on public streets, roads, and highways; and
(B) has no value except as a source of parts or scrap.
(5) “junk yard” means an individual or entity engaged in the business of acquiring or owning junk automobiles for—
(A) resale in their entirety or as spare parts; or
(B) rebuilding, restoration, or crushing.
(6) “operator” means the individual or entity authorized or designated as the operator of the National Motor Vehicle Title Information System under section 30502(b) of this title, or the Attorney General, if there is no authorized or designated individual or entity.
(7) “salvage automobile” means an automobile that is damaged by collision, fire, flood, accident, trespass, or other event, to the extent that its fair salvage value plus the cost of repairing the automobile for legal operation on public streets, roads, and highways would be more than the fair market value of the automobile immediately before the event that caused the damage.
(8) “salvage yard” means an individual or entity engaged in the business of acquiring or owning salvage automobiles for—
(A) resale in their entirety or as spare parts; or
(B) rebuilding, restoration, or crushing.
(9) “State” means a State of the United States or the District of Columbia.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 979; Pub. L. 104–152, §§2(c), 3(a), July 2, 1996, 110 Stat. 1384; Pub. L. 105–102, §3(b), Nov. 20, 1997, 111 Stat. 2215.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30501 | 15:2041. | Oct. 25, 1992, Pub. L. 102–519, §201, 106 Stat. 3389. |
In subsection (a)(2), the word “showing” is substituted for “evidencing” to use a more commonly understood term.
In subsection (a)(3), (5), and (8), the words “individual or entity” are substituted for “individual, corporation, or other entity” for clarity and consistency in the revised title and with other titles of the United States Code.
In subsection (a)(4) and (7), the words “public streets, roads, and highways” are substituted for “roads or highways” for clarity and consistency in the revised title.
In subsection (a)(6), the words “National Automobile Title Information System” are substituted for “information system” for clarity. The words “no authorized or designated individual or entity” are substituted for “no such individual or entity is authorized” for clarity
In subsection (a)(7), the word “event” is substituted for “occurrence” for clarity and consistency.
The text of 15:2041(9) is omitted because the complete title of the Secretary of Transportation is used the first time the term appears in a section.
Amendments
1997—Par. (6). Pub. L. 105–102 amended directory language of Pub. L. 104–152, §2(c). See 1996 Amendment note below.
1996—Par. (6). Pub. L. 104–152, §3(a), substituted “Attorney General” for “Secretary of Transportation”.
Pub. L. 104–152, §2(c), as amended by Pub. L. 105–102, §3(b), substituted “National Motor Vehicle Title Information System” for “National Automobile Title Information System”.
Effective Date of 1997 Amendment
Pub. L. 105–102, §3(b), Nov. 20, 1997, 111 Stat. 2215, provided that the amendment made by section 3(b) is effective July 2, 1996.
Amendment by Pub. L. 105–102 effective as if included in the provisions of the Act to which the amendment relates, see section 3(f) of Pub. L. 105–102, set out as a note under section 106 of this title.
§30502. National Motor Vehicle Title Information System
(a)
(2) In cooperation with the Secretary of Transportation and the States, the Attorney General shall ascertain the extent to which title and related information to be included in the system established under paragraph (1) of this subsection will be adequate, timely, reliable, uniform, and capable of assisting in efforts to prevent the introduction or reintroduction of stolen vehicles and parts into interstate commerce.
(b)
(c)
(d)
(1) the validity and status of a document purporting to be a certificate of title;
(2) whether an automobile bearing a known vehicle identification number is titled in a particular State;
(3) whether an automobile known to be titled in a particular State is or has been a junk automobile or a salvage automobile;
(4) for an automobile known to be titled in a particular State, the odometer mileage disclosure required under section 32705 of this title for that automobile on the date the certificate of title for that automobile was issued and any later mileage information, if noted by the State; and
(5) whether an automobile bearing a known vehicle identification number has been reported as a junk automobile or a salvage automobile under section 30504 of this title.
(e)
(A) to a participating State on request of that State, information in the System about any automobile;
(B) to a Government, State, or local law enforcement official on request of that official, information in the System about a particular automobile, junk yard, or salvage yard;
(C) to a prospective purchaser of an automobile on request of that purchaser, including an auction company or entity engaged in the business of purchasing used automobiles, information in the System about that automobile; and
(D) to a prospective or current insurer of an automobile on request of that insurer, information in the System about that automobile.
(2) The operator may release only the information reasonably necessary to satisfy the requirements of paragraph (1) of this subsection. The operator may not collect an individual's social security account number or permit users of the System to obtain an individual's address or social security account number.
(f)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 980; Pub. L. 104–152, §§2(a), (c), 3, 4, July 2, 1996, 110 Stat. 1384; Pub. L. 105–102, §3(b), Nov. 20, 1997, 111 Stat. 2215.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30502(a) | 15:2042(a)(1). | Oct. 25, 1992, Pub. L. 102–519, §202, 106 Stat. 3390. |
| 30502(b) | 15:2042(a)(2). | |
| 30502(c) | 15:2042(a)(3). | |
| 30502(d) | 15:2042(b). | |
| 30502(e) | 15:2042(c). |
In subsection (a)(1), the words “January 31, 1996” are substituted for “January 1996” for clarity. The words “National Automobile Title Information System” are substituted for “National Motor Vehicle Title Information System” for clarity and consistency because the defined term in the source provisions being restated is “automobile”. The words “individuals and entities referred to in subsection (e) of this section” are substituted for “States and others”, the words “information maintained by the States related to automobile titling described in subsection (d) of this section” are substituted for “information maintained by other States pertaining to the titling of automobiles”, and the words “existing information system” are substituted for “such system”, for clarity.
In subsection (a)(2), the words “In cooperation with” are substituted for “working with” for clarity and consistency in the revised title and with other titles of the United States Code.
In subsection (b), the word “agreement” is substituted for “contract through an agreement” to eliminate unnecessary words. The word “designating” is substituted for “redesignating” for clarity.
In subsection (c), the words “user fees” are substituted for “a system of user fees” to eliminate unnecessary words. The words “amounts from the United States Government” are substituted for “Federal funds” for clarity and consistency in the revised titles and with other titles of the Code. The word “pays” are substituted for “passed on” for clarity. The word “entity” is substituted for “State or other entity” to eliminate unnecessary words.
In subsection (d)(4), the words “the odometer mileage disclosure required” are substituted for “the odometer reading information”, and the words “any later mileage information” are substituted for “any such later odometer information”, for consistency with section 32705 of the revised title.
In subsection (e)(2), the words “The operator may release only the information necessary” are substituted for “Notwithstanding any provision of paragraphs (1) through (4), the operator shall release no information other than what is necessary” to eliminate unnecessary words. The words “social security account number” are substituted for “social security number” for consistency with 42:405.
Amendments
1997—Pub. L. 105–102 amended directory language of Pub. L. 104–152, §2(c). See 1996 Amendment notes below.
1996—Pub. L. 104–152, §2(c), as amended by Pub. L. 105–102, substituted “Motor Vehicle” for “Automobile” in section catchline.
Subsecs. (a), (b). Pub. L. 104–152, §3(a), which directed the amendment of this section by striking each reference to “Secretary of Transportation” or “Secretary” and inserting “Attorney General”, and Pub. L. 104–152, §3(b), which directed the striking of each reference to “Attorney General” and inserting “Secretary of Transportation”, were executed simultaneously, to reflect the probable intent of Congress. See below.
Subsec. (a)(1). Pub. L. 104–152, §3, substituted “Attorney General shall” for “Secretary of Transportation shall”, “Attorney General decides” for “Secretary decides”, “permit the Attorney General” for “permit the Secretary”, and “Attorney General, in consultation with the Secretary of Transportation” for “Secretary, in consultation with the Attorney General”.
Pub. L. 104–152, §2(c), as amended by Pub. L. 105–102, substituted “National Motor Vehicle Title Information System” for “National Automobile Title Information System” in two places.
Pub. L. 104–152, §2(a), substituted “December 31, 1967” for “January 31, 1966”.
Subsec. (a)(2). Pub. L. 104–152, §3, substituted “Secretary of Transportation” for “Attorney General” and “Attorney General” for “Secretary”.
Subsec. (b). Pub. L. 104–152, §3(a), substituted “Attorney General” for “Secretary”.
Subsec. (f). Pub. L. 104–152, §4, added subsec. (f).
Effective Date of 1997 Amendment
Pub. L. 105–102, §3(b), Nov. 20, 1997, 111 Stat. 2215, provided that the amendment made by section 3(b) is effective July 2, 1996.
Amendment by Pub. L. 105–102 effective as if included in the provisions of the Act to which the amendment relates, see section 3(f) of Pub. L. 105–102, set out as a note under section 106 of this title.
Effectiveness of System
Section 6(c) of Pub. L. 104–152 provided that: “The information system established under section 30502 of title 49, United States Code, shall be effective as provided in the rules promulgated by the Attorney General.”
§30503. State participation
(a)
(b)
(1) communicating to the operator—
(A) the vehicle identification number of the automobile for which the certificate of title is sought;
(B) the name of the State that issued the most recent certificate of title for the automobile; and
(C) the name of the individual or entity to whom the certificate of title was issued; and
(2) giving the operator an opportunity to communicate to the participating State the results of a search of the information.
(c)
(A) conduct a review of systems used by the States to compile and maintain information about the titling of automobiles; and
(B) determine for each State the cost of making titling information maintained by that State available to the operator to meet the requirements of section 30502(d) of this title.
(2) The Attorney General may make reasonable and necessary grants to participating States to be used in making titling information maintained by those States available to the operator.
(d)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 981; Pub. L. 104–152, §§2(b), (c), 3(a), 6(a), July 2, 1996, 110 Stat. 1384, 1385; Pub. L. 105–102, §3(b), Nov. 20, 1997, 111 Stat. 2215.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30503(a) | 15:2043(a)(1). | Oct. 25, 1992, Pub. L. 102–519, §203, 106 Stat. 3391. |
| 30503(b) | 15:2043(a)(2). | |
| 30503(c) | 15:2043(b). | |
| 30503(d) | 15:2043(c). |
In subsection (a), the words “for use in operating . . . established or designated” are substituted for “for use in establishing . . . established” for clarity and for consistency with the source provisions restated in section 30502 of the revised title.
In subsection (b), before clause (1), the words “The check” are substituted for “Such instant title verification check” to eliminate unnecessary words. In subclauses (A) and (B), the words “of the automobile” are substituted for “of the vehicle” for consistency in the revised chapter.
In subsection (c)(1)(B), the words “section 30502(d) of this title” are substituted for “subsection (b)” to reflect the apparent intent of Congress.
In subsection (c)(2)(A), before subclause (i), the words “is not more than the lesser of” are substituted for “does not exceed . . . whichever is lower” for clarity. In subclause (i), the words “paragraph (1)(B) of this subsection” are substituted for “subsection (d)(1)(B)” to reflect the apparent intent of Congress.
In subsection (c)(2)(B), the word “fair” is omitted as being included in “reasonable”.
Amendments
1997—Subsec. (a). Pub. L. 105–102 amended directory language of Pub. L. 104–152, §2(c). See 1996 Amendment note below.
1996—Subsec. (a). Pub. L. 104–152, §2(c), as amended by Pub. L. 105–102, substituted “National Motor Vehicle Title Information System” for “National Automobile Title Information System”.
Subsec. (c)(1). Pub. L. 104–152, §3(a), substituted “Attorney General” for “Secretary of Transportation”.
Subsec. (c)(2). Pub. L. 104–152, §6(a), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “The Secretary may make grants to participating States to be used in making titling information maintained by those States available to the operator if—
“(A) the grant to a State is not more than the lesser of—
“(i) 25 percent of the cost of making titling information maintained by that State available to the operator as determined by the Secretary under paragraph (1)(B) of this subsection; or
“(ii) $300,000; and
“(B) the Secretary decides that the grants are reasonable and necessary to establish the System.”
Subsec. (d). Pub. L. 104–152, §§2(b), 3(a), substituted “October 1, 1998” for “January 1, 1997” and substituted “Attorney General” for “Secretary” in two places.
Effective Date of 1997 Amendment
Pub. L. 105–102, §3(b), Nov. 20, 1997, 111 Stat. 2215, provided that the amendment made by section 3(b) is effective July 2, 1996.
Amendment by Pub. L. 105–102 effective as if included in the provisions of the Act to which the amendment relates, see section 3(f) of Pub. L. 105–102, set out as a note under section 106 of this title.
§30504. Reporting requirements
(a)
(A) the vehicle identification number of each automobile obtained;
(B) the date on which the automobile was obtained;
(C) the name of the individual or entity from whom the automobile was obtained; and
(D) a statement of whether the automobile was crushed or disposed of for sale or other purposes.
(2) Paragraph (1) of this subsection does not apply to an individual or entity—
(A) required by State law to report the acquisition of junk automobiles or salvage automobiles to State or local authorities if those authorities make that information available to the operator; or
(B) issued a verification under section 33110 of this title stating that the automobile or parts from the automobile are not reported as stolen.
(b)
(1) the vehicle identification number of each automobile obtained;
(2) the date on which the automobile was obtained;
(3) the name of the individual or entity from whom the automobile was obtained; and
(4) the name of the owner of the automobile at the time of the filing of the report.
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 982; Pub. L. 104–152, §§2(c), 3(a), July 2, 1996, 110 Stat. 1384; Pub. L. 105–102, §3(b), Nov. 20, 1997, 111 Stat. 2215.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30504(a) | 15:2044(a). | Oct. 25, 1992, Pub. L. 102–519, §204(a), (b), (d), 106 Stat. 3392, 3393. |
| 30504(b) | 15:2044(b). | |
| 30504(c) | 15:2044(d). |
In subsections (a)(1), before clause (A), the words “Beginning at a time established by the Secretary of Transportation that is not sooner than the 3d month before the establishment or designation of” are substituted for “Beginning at a time determined by the Secretary, but no earlier than 3 months prior to the establishment of” for clarity and consistency with the source provisions restated in section 30502 of the revised title. The words “engaged in the business” are substituted for “in the business” for consistency in the revised chapter. The words “junk yard or salvage yard” are substituted for “automobile junk yard or automobile salvage yard” because of the definitions of “junk yard” and “salvage yard” in section 30501 of the revised title. The words “with the operator of the System” are substituted for “with the operator” for clarity. In clauses (A), (C), and (D), the words “each automobile” are substituted for “each vehicle”, and the words “the automobile” are substituted for “the vehicle”, for consistency in the revised title.
In subsection (a)(2)(B), the word “automobile” is substituted for “vehicle” for consistency in the revised title.
In subsections (b), before clause (1), the words “Beginning at a time established by the Secretary that is not sooner than the 3d month before the establishment or designation of” are substituted for “Beginning at a time determined by the Secretary, but no earlier than 3 months prior to the establishment of” for clarity and consistency with the source provisions restated in section 30502 of the revised title. In clauses (1), (3), and (4), the words “each automobile” are substituted for “each vehicle”, and the words “the automobile” are substituted for “the vehicle”, for consistency in the revised title.
Amendments
1997—Subsec. (a)(1). Pub. L. 105–102 amended directory language of Pub. L. 104–152, §2(c). See 1996 Amendment note below.
1996—Subsec. (a)(1). Pub. L. 104–152, §3(a), substituted “Attorney General” for “Secretary of Transportation”.
Pub. L. 104–152, §2(c), as amended by Pub. L. 105–102, substituted “National Motor Vehicle Title Information System” for “National Automobile Title Information System”.
Subsecs. (b), (c). Pub. L. 104–152, §3(a), substituted “Attorney General” for “Secretary”.
Effective Date of 1997 Amendment
Pub. L. 105–102, §3(b), Nov. 20, 1997, 111 Stat. 2215, provided that the amendment made by section 3(b) is effective July 2, 1996.
Amendment by Pub. L. 105–102 effective as if included in the provisions of the Act to which the amendment relates, see section 3(f) of Pub. L. 105–102, set out as a note under section 106 of this title.
§30505. Penalties and enforcement
(a)
(b)
(2) The Government may deduct the amount of a civil penalty imposed or compromised under this section from amounts it owes the individual or entity liable for the penalty.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 983; Pub. L. 104–152, §3(a), July 2, 1996, 110 Stat. 1384.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30505 | 15:2044(c). | Oct. 25, 1992, Pub. L. 102–519, §204(c), 106 Stat. 3393. |
In subsection (a), the words “An individual or entity violating this chapter is liable to the United States Government for a civil penalty of” are substituted for “Whoever violates this section may be assessed a civil penalty of not to exceed” for clarity and consistency in the revised title and with other titles of the United States Code.
In subsection (b), the words “individual or entity” are substituted for “person” for clarity and consistency with the source provisions restated in the revised chapter.
In subsection (b)(1), the words “The Secretary of Transportation shall impose a civil penalty under this section. The Attorney General shall bring a civil action to collect the penalty” are substituted for “Any such penalty shall be assessed by the Secretary and collected in a civil action brought by the Attorney General of the United States” for clarity and consistency in the revised title and with other titles of the Code.
In subsection (b)(2), the words “penalty imposed or compromised” are substituted for “such penalty, finally determined, or the amount agreed upon in compromise”, and the words “liable for the penalty” are substituted for “charged”, for clarity and consistency in the revised title and other titles of the Code.
Amendments
1996—Subsec. (b)(1). Pub. L. 104–152 substituted “Attorney General shall impose” for “Secretary of Transportation shall impose”, “Attorney General may compromise” for “Secretary may compromise”, and “Attorney General shall consider” for “Secretary shall consider”.
PART B—COMMERCIAL
CHAPTER 311—COMMERCIAL MOTOR VEHICLE SAFETY
SUBCHAPTER I—GENERAL AUTHORITY AND STATE GRANTS
SUBCHAPTER II—LENGTH AND WIDTH LIMITATIONS
SUBCHAPTER III—SAFETY REGULATION
SUBCHAPTER IV—MISCELLANEOUS
Amendments
2005—Pub. L. 109–59, title IV, §§4109(b)(2), 4110(b), 4111(b), 4116(e), 4117(b), 4118(b), 4119(b), Aug. 10, 2005, 119 Stat. 1721, 1722, 1724, 1728, 1729, 1732, 1733, substituted “GENERAL AUTHORITY AND STATE GRANTS” for “STATE GRANTS AND OTHER COMMERCIAL MOTOR VEHICLE PROGRAMS” in subchapter I heading, “Border enforcement grants” for “Contract authority funding for information systems” in item 31107, and “Motor carrier research and technology program” for “Authorization of appropriations” in item 31108 and added items 31109 and 31149 to 31151, subchapter IV heading, and item 31161.
1999—Pub. L. 106–159, title II, §211(b), Dec. 9, 1999, 113 Stat. 1766, added item 31148.
1998—Pub. L. 105–178, title IV, §§4002(b), 4004(d), 4008(c), (d), 4010, June 9, 1998, 112 Stat. 395, 400, 404, 407, inserted “AND OTHER COMMERCIAL MOTOR VEHICLE PROGRAMS” after “GRANTS” in subchapter I heading, added item 31100, substituted “Information systems” for “Commercial motor vehicle information system program” in item 31106 and “Contract authority funding for information systems” for “Truck and bus accident grant program” in item 31107, struck out items 31134 “Commercial Motor Vehicle Safety Regulatory Review Panel” and 31140 “Submission of State laws and regulations for review”, subchapter IV heading “MISCELLANEOUS”, and items 31161 “Procedures to ensure timely correction of safety violations” and 31162 “Compliance review priority”.
SUBCHAPTER I—GENERAL AUTHORITY AND STATE GRANTS
Amendments
2005—Pub. L. 109–59, title IV, §4110(a)(1), Aug. 10, 2005, 119 Stat. 1721, substituted “GENERAL AUTHORITY AND STATE GRANTS” for “STATE GRANTS AND OTHER COMMERCIAL MOTOR VEHICLE PROGRAMS” in subchapter heading.
1998—Pub. L. 105–178, title IV, §4004(c), June 9, 1998, 112 Stat. 400, inserted “AND OTHER COMMERCIAL MOTOR VEHICLE PROGRAMS” after “GRANTS” in subchapter heading.
§31100. Purpose
The purpose of this subchapter is to ensure that the Secretary, States, and other political jurisdictions work in partnership to establish programs to improve motor carrier, commercial motor vehicle, and driver safety to support a safe and efficient transportation system by—
(1) focusing resources on strategic safety investments to promote safe for-hire and private transportation, including transportation of passengers and hazardous materials, to identify high-risk carriers and drivers, and to invest in activities likely to generate maximum reductions in the number and severity of commercial motor vehicle crashes;
(2) increasing administrative flexibility and developing and enforcing effective, compatible, and cost-beneficial motor carrier, commercial motor vehicle, and driver safety regulations and practices, including improving enforcement of State and local traffic safety laws and regulations;
(3) assessing and improving statewide program performance by setting program outcome goals, improving problem identification and countermeasures planning, designing appropriate performance standards, measures, and benchmarks, improving performance information and analysis systems, and monitoring program effectiveness;
(4) ensuring that drivers of commercial motor vehicles and enforcement personnel obtain adequate training in safe operational practices and regulatory requirements; and
(5) advancing promising technologies and encouraging adoption of safe operational practices.
(Added Pub. L. 105–178, title IV, §4002(a), June 9, 1998, 112 Stat. 395.)
Trucking Security
Pub. L. 109–347, title VII, §703, Oct. 13, 2006, 120 Stat. 1944, provided that:
“(a)
“(b)
“(c)
“(1)
“(2)
Outreach and Education
Pub. L. 109–59, title IV, §4127, Aug. 10, 2005, 119 Stat. 1741, provided that:
“(a)
“(b)
“(1) A program to promote a more comprehensive and national effort to educate commercial motor vehicle drivers and passenger vehicle drivers about how commercial motor vehicle drivers and passenger vehicle drivers can more safely share the road with each other.
“(2) A program to promote enhanced traffic enforcement efforts aimed at reducing the incidence of the most common unsafe driving behaviors that cause or contribute to crashes involving commercial motor vehicles and passenger vehicles.
“(3) A program to establish a public-private partnership to provide resources and expertise for the development and dissemination of information relating to sharing the road referred to in paragraphs (1) and (2) to each partner's constituents and to the general public through the use of brochures, videos, paid and public advertisements, the Internet, and other media.
“(c)
“(d)
“(e)
“(f)
Safety Data Improvement Program
Pub. L. 109–59, title IV, §4128, Aug. 10, 2005, 119 Stat. 1742, provided that:
“(a)
“(b)
“(1) conducted a comprehensive audit of its commercial motor vehicle safety data system within the preceding 2 years;
“(2) developed a plan that identifies and prioritizes its commercial motor vehicle safety data needs and goals; and
“(3) identified performance-based measures to determine progress toward those goals.
“(c)
“(d)
Operating Authority Enforcement Assistance for States
Pub. L. 109–59, title IV, §4139(a), Aug. 10, 2005, 119 Stat. 1745, provided that:
“(1)
“(2)
Motor Carrier Safety Advisory Committee
Pub. L. 109–59, title IV, §4144, Aug. 10, 2005, 119 Stat. 1748, provided that:
“(a)
“(1) provide advice and recommendations to the Administrator of the Federal Motor Carrier Safety Administration about needs, objectives, plans, approaches, content, and accomplishments of the motor carrier safety programs carried out by the Administration; and
“(2) provide advice and recommendations to the Administrator on motor carrier safety regulations.
“(b)
“(1)
“(2)
“(3)
“(c)
“(d)
Motor Carrier Safety Strategy
Pub. L. 106–159, title I, §104, Dec. 9, 1999, 113 Stat. 1754, provided that:
“(a)
“(1) Reducing the number and rates of crashes, injuries, and fatalities involving commercial motor vehicles.
“(2) Improving the consistency and effectiveness of commercial motor vehicle, operator, and carrier enforcement and compliance programs.
“(3) Identifying and targeting enforcement efforts at high-risk commercial motor vehicles, operators, and carriers.
“(4) Improving research efforts to enhance and promote commercial motor vehicle, operator, and carrier safety and performance.
“(b)
“(1)
“(A) To increase the number of inspections and compliance reviews to ensure that all high-risk commercial motor vehicles, operators, and carriers are examined.
“(B) To eliminate, with meaningful safety measures, the backlog of rulemakings.
“(C) To improve the quality and effectiveness of data bases by ensuring that all States and inspectors accurately and promptly report complete safety information.
“(D) To eliminate, with meaningful civil and criminal penalties for violations, the backlog of enforcement cases.
“(E) To provide for a sufficient number of Federal and State safety inspectors, and provide adequate facilities and equipment, at international border areas.
“(2)
“(3)
“(c)
“(d)
“(1)
“(A) The Secretary and the Federal Motor Carrier Safety Administrator.
“(B) The Administrator and the Deputy Federal Motor Carrier Safety Administrator.
“(C) The Administrator and the Chief Safety Officer of the Federal Motor Carrier Safety Administration.
“(D) The Administrator and the regulatory ombudsman of the Administration designated by the Administrator under subsection (f).
“(2)
“(3)
“(4)
“(e)
“(1)
“(2)
“(f)
“(1) make decisions to resolve disagreements between officials in the Administration who are participating in a rulemaking process; and
“(2) ensure that sufficient staff are assigned to rulemaking projects to meet all deadlines.”
Commercial Motor Vehicle Safety Advisory Committee
Pub. L. 106–159, title I, §105, Dec. 9, 1999, 113 Stat. 1756, provided that:
“(a)
“(b)
“(c)
“(d)
Study of Commercial Motor Vehicle Crash Causation
Pub. L. 106–159, title II, §224, Dec. 9, 1999, 113 Stat. 1770, provided that:
“(a)
“(1) evaluate future crashes involving commercial motor vehicles;
“(2) monitor crash trends and identify causes and contributing factors; and
“(3) develop effective safety improvement policies and programs.
“(b)
“(c)
“(1) crash causation and prevention;
“(2) commercial motor vehicles, drivers, and carriers, including passenger carriers;
“(3) highways and noncommercial motor vehicles and drivers;
“(4) Federal and State highway and motor carrier safety programs;
“(5) research methods and statistical analysis; and
“(6) other relevant topics.
“(d)
“(e)
“(1)
“(2)
“(f)
Data Collection and Analysis
Pub. L. 106–159, title II, §225, Dec. 9, 1999, 113 Stat. 1771, provided that:
“(a)
“(b)
“(1) enter into agreements with the States to collect data and report the data by electronic means to a central data repository; and
“(2) train State employees and motor carrier safety enforcement officials to assure the quality and uniformity of the data.
“(c)
“(1) integrate the data, including driver citation and conviction information; and
“(2) make the data base available electronically to the Federal Motor Carrier Safety Administration, the States, motor carriers, and other interested parties for problem identification, program evaluation, planning, and other safety-related activities.
“(d)
“(e)
“(f)
“(1)
“(2)
§31101. Definitions
In this subchapter—
(1) “commercial motor vehicle” means (except in section 31106) a self-propelled or towed vehicle used on the highways in commerce principally to transport passengers or cargo, if the vehicle—
(A) has a gross vehicle weight rating or gross vehicle weight of at least 10,001 pounds, whichever is greater;
(B) is designed to transport more than 10 passengers including the driver; or
(C) is used in transporting material found by the Secretary of Transportation to be hazardous under section 5103 of this title and transported in a quantity requiring placarding under regulations prescribed by the Secretary under section 5103.
(2) “employee” means a driver of a commercial motor vehicle (including an independent contractor when personally operating a commercial motor vehicle), a mechanic, a freight handler, or an individual not an employer, who—
(A) directly affects commercial motor vehicle safety in the course of employment by a commercial motor carrier; and
(B) is not an employee of the United States Government, a State, or a political subdivision of a State acting in the course of employment.
(3) “employer”—
(A) means a person engaged in a business affecting commerce that owns or leases a commercial motor vehicle in connection with that business, or assigns an employee to operate the vehicle in commerce; but
(B) does not include the Government, a State, or a political subdivision of a State.
(4) “State” means a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 984; Pub. L. 105–178, title IV, §4003(a), June 9, 1998, 112 Stat. 395.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31101 | 49 App.:2301(1), (3)–(6). | Jan. 6, 1983, Pub. L. 97–424, §401(1), (3)–(6), 96 Stat. 2154, 2155. |
| 49 App.:2301(2). | Jan. 6, 1983, Pub. L. 97–424, §401(2), 96 Stat. 2154; Oct. 30, 1984, Pub. L. 98–554, §228(a), (b), 98 Stat. 2852. |
Before clause (1), the words “unless the context otherwise requires” are omitted as unnecessary. The text of 49 App.:2301(4) is omitted as unnecessary because of 1:1. The text of 49 App.:2301(5) is omitted as surplus because the complete name of the Secretary of Transportation is used the first time the term appears in a section.
In clause (1), before subclause (A), the words “(except in section 31106)” are added because the source provisions being restated in section 31106 of the revised title contain a definition of “commercial motor vehicle”.
In clause (4), the words “the Commonwealth of” are omitted for consistency in the revised title and with other titles of the United States Code.
Amendments
1998—Par. (1)(A). Pub. L. 105–178, §4003(a)(1), inserted “or gross vehicle weight” after “rating” and substituted “10,001 pounds, whichever is greater” for “10,000 pounds”.
Par. (1)(C). Pub. L. 105–178, §4003(a)(2), inserted “and transported in a quantity requiring placarding under regulations prescribed by the Secretary under section 5103” before period at end.
Savings Clause
Pub. L. 105–178, title IV, §4003(h), June 9, 1998, 112 Stat. 398, provided that: “Amendments made by this section [amending this section and sections 31102 to 31104 of this title] shall not affect any funds made available before the date of enactment of this Act [June 9, 1998].”
§31102. Grants to States
(a)
(b)
(A) implements performance-based activities, including deployment of technology to enhance the efficiency and effectiveness of commercial motor vehicle safety programs;
(B) designates the State motor vehicle safety agency responsible for administering the plan throughout the State;
(C) contains satisfactory assurances the agency has or will have the legal authority, resources, and qualified personnel necessary to enforce the regulations, standards, and orders;
(D) contains satisfactory assurances the State will devote adequate amounts to the administration of the plan and enforcement of the regulations, standards, and orders;
(E) provides that the total expenditure of amounts of the State and its political subdivisions (not including amounts of the Government) for commercial motor vehicle safety programs for enforcement of commercial motor vehicle size and weight limitations, drug interdiction, and State traffic safety laws and regulations under subsection (c) of this section will be maintained at a level at least equal to the average level of that expenditure for the 3 full fiscal years beginning after October 1 of the year 5 years prior to the beginning of each Government fiscal year.1
(F) provides a right of entry and inspection to carry out the plan;
(G) provides that all reports required under this section be submitted to the agency and that the agency will make the reports available to the Secretary on request;
(H) provides that the agency will adopt the reporting requirements and use the forms for recordkeeping, inspections, and investigations the Secretary prescribes;
(I) requires registrants of commercial motor vehicles to make a declaration of knowledge of applicable safety regulations, standards, and orders of the Government and the State;
(J) provides that the State will grant maximum reciprocity for inspections conducted under the North American Inspection Standard through the use of a nationally accepted system that allows ready identification of previously inspected commercial motor vehicles;
(K) ensures that activities described in subsection (c)(1) of this section, if financed with grants under subsection (a) of this section, will not diminish the effectiveness of the development and implementation of commercial motor vehicle safety programs described in subsection (a);
(L) ensures that the State agency will coordinate the plan, data collection, and information systems with State highway safety programs under title 23;
(M) ensures participation in SAFETYNET and other information systems by all appropriate jurisdictions receiving funding under this section;
(N) ensures that information is exchanged among the States in a timely manner;
(O) provides satisfactory assurances that the State will undertake efforts that will emphasize and improve enforcement of State and local traffic safety laws and regulations related to commercial motor vehicle safety;
(P) provides satisfactory assurances that the State will promote activities in support of national priorities and performance goals, including—
(i) activities aimed at removing impaired commercial motor vehicle drivers from the highways of the United States through adequate enforcement of regulations on the use of alcohol and controlled substances and by ensuring ready roadside access to alcohol detection and measuring equipment;
(ii) activities aimed at providing an appropriate level of training to State motor carrier safety assistance program officers and employees on recognizing drivers impaired by alcohol or controlled substances; and
(iii) interdiction activities affecting the transportation of controlled substances by commercial motor vehicle drivers and training on appropriate strategies for carrying out those interdiction activities;
(Q) provides that the State has established a program to ensure that—
(i) accurate, complete, and timely motor carrier safety data is collected and reported to the Secretary; and
(ii) the State will participate in a national motor carrier safety data correction system prescribed by the Secretary;
(R) ensures that the State will cooperate in the enforcement of registration requirements under section 13902 and financial responsibility requirements under sections 13906, 31138, and 31139 and regulations issued thereunder;
(S) ensures consistent, effective, and reasonable sanctions;
(T) ensures that roadside inspections will be conducted at a location that is adequate to protect the safety of drivers and enforcement personnel;
(U) provides that the State will include in the training manual for the licensing examination to drive a noncommercial motor vehicle and a commercial motor vehicle, information on best practices for driving safely in the vicinity of noncommercial and commercial motor vehicles;
(V) provides that the State will enforce the registration requirements of section 13902 by prohibiting the operation of any vehicle discovered to be operated by a motor carrier without a registration issued under such section or to operate beyond the scope of such registration;
(W) provides that the State will conduct comprehensive and highly visible traffic enforcement and commercial motor vehicle safety inspection programs in high-risk locations and corridors; and
(X) except in the case of an imminent or obvious safety hazard, ensures that an inspection of a vehicle transporting passengers for a motor carrier of passengers is conducted at a station, terminal, border crossing, maintenance facility, destination, or other location where a motor carrier may make a planned stop.
(2) If the Secretary disapproves a plan under this subsection, the Secretary shall give the State a written explanation and allow the State to modify and resubmit the plan for approval.
(3) In estimating the average level of State expenditure under paragraph (1)(E) of this subsection, the Secretary—
(A) may allow the State to exclude State expenditures for Government-sponsored demonstration or pilot programs; and
(B) shall require the State to exclude Government amounts and State matching amounts used to receive Government financing under subsection (a) of this section.
(c)
(1) for the following activities if the activities are carried out in conjunction with an appropriate inspection of the commercial motor vehicle to enforce Government or State commercial motor vehicle safety regulations:
(A) enforcement of commercial motor vehicle size and weight limitations at locations other than fixed weight facilities, at specific locations such as steep grades or mountainous terrains where the weight of a commercial motor vehicle can significantly affect the safe operation of the vehicle, or at ports where intermodal shipping containers enter and leave the United States; and
(B) detection of the unlawful presence of a controlled substance (as defined under section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802)) in a commercial motor vehicle or on the person of any occupant (including the operator) of the vehicle; and
(2) for documented enforcement of State traffic laws and regulations designed to promote the safe operation of commercial motor vehicles, including documented enforcement of such laws and regulations relating to noncommercial motor vehicles when necessary to promote the safe operation of commercial motor vehicles if the number of motor carrier safety activities (including roadside safety inspections) conducted in the State is maintained at a level at least equal to the average level of such activities conducted in the State in fiscal years 2003, 2004, and 2005; except that the State may not use more than 5 percent of the basic amount the State receives under the grant under subsection (a) for enforcement activities relating to noncommercial motor vehicles described in this paragraph unless the Secretary determines a higher percentage will result in significant increases in commercial motor vehicle safety.
(d)
(e)
(1) analyzes commercial motor vehicle safety trends among the States and documents the most effective commercial motor vehicle safety programs implemented with grants under this section; and
(2) describes the effect of activities carried out with grants made under this section on commercial motor vehicle safety.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 984; Pub. L. 104–88, title I, §104(a), Dec. 29, 1995, 109 Stat. 918; Pub. L. 105–178, title IV, §4003(b), (c), June 9, 1998, 112 Stat. 395, 396; Pub. L. 106–159, title II, §207, Dec. 9, 1999, 113 Stat. 1764; Pub. L. 109–59, title IV, §§4106, 4307(b), Aug. 10, 2005, 119 Stat. 1717, 1774.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31102(a) | 49 App.:2302(a). | Jan. 6, 1983, Pub. L. 97–424, §402(a), (c), 96 Stat. 2155, 2156. |
| 31102(b) | 49 App.:2302(b), (d). | Jan. 6, 1983, Pub. L. 97–424, §402(b), (d), 96 Stat. 2155, 2156; Dec. 18, 1991, Pub. L. 102–240, §4002(a), (b), 105 Stat. 2140. |
| 31102(c) | 49 App.:2302(e). | Jan. 6, 1983, Pub. L. 97–424, 96 Stat. 2097, §402(e); added Dec. 18, 1991, Pub. L. 102–240, §4002(c), 105 Stat. 2142. |
| 31102(d) | 49 App.:2302(c). |
In this section, the word “rules” is omitted as being synonymous with “regulations”.
In subsection (a), the words “Subject to this section and the availability of amounts” are substituted for “Under the terms and conditions of this section, subject to the availability of funds” to eliminate unnecessary words.
In subsection (b)(1), before clause (A), the word “prescribe” is substituted for “formulate” for consistency in the revised title. Clause (D) is substituted for 49 App.:2302(d) to state the requirements of a plan in one place and to eliminate unnecessary words. In clause (K), the words “into law and practice” are omitted a unnecessary. In clause (O)(i), the words “highways of the United States” are substituted for “our Nation's highways” for consistency in the revised title and with other titles of the United States Code. In subclause (iii), the word “especially” is omitted as unnecessary.
In subsection (b)(3)(B), the words “Government financing” are substituted for “Federal funding” for clarity and consistency in the revised title.
In subsection (c), before clause (1), the words “type of” are omitted as unnecessary. In clause (1), the word “leave” is substituted for “exit” for clarity and consistency in the revised title.
In subsection (d), the words “the regulations, standards, or orders” are substituted for “Federal rules, regulations, standards, or orders applicable to commercial motor vehicle safety or compatible State rules, regulations, standards, or orders” for consistency and to eliminate unnecessary words. The last sentence is substituted for 49 App.:2302(c) (last sentence) for clarity.
Amendments
2005—Subsec. (b)(1)(A). Pub. L. 109–59, §4106(a)(1), added subpar. (A) and struck out former subpar. (A) which read as follows: “implements performance-based activities by fiscal year 2000;”.
Subsec. (b)(1)(E). Pub. L. 109–59, §4106(a)(2), added subpar. (E) and struck out former subpar. (E) which read as follows: “provides that the total expenditure of amounts of the State and its political subdivisions (not including amounts of the Government) for commercial motor vehicle safety programs for enforcement of commercial motor vehicle size and weight limitations, drug interdiction, and State traffic safety laws and regulations under subsection (c) of this section will be maintained at a level at least equal to the average level of that expenditure for its last 3 full fiscal years before December 18, 1991;”.
Subsec. (b)(1)(Q). Pub. L. 109–59, §4106(a)(3), added subpar. (Q) and struck out former subpar. (Q) which read as follows: “provides that the State will establish a program to ensure the proper and timely correction of commercial motor vehicle safety violations noted during an inspection carried out with funds authorized under section 31104;”.
Subsec. (b)(1)(R). Pub. L. 109–59, §4106(a)(4), aligned margins.
Subsec. (b)(1)(U) to (X). Pub. L. 109–59, §4106(a)(5)–(7), added subpars. (U) to (X).
Subsec. (b)(3). Pub. L. 109–59, §4307(b), substituted “paragraph (1)(E)” for “paragraph (1)(D)” in introductory provisions.
Subsec. (c). Pub. L. 109–59, §4106(b)(1), added subsec. (c) and struck out heading and text of former subsec. (c). Text read as follows: “A State may use amounts received under a grant under subsection (a) of this section for the following activities if the activities are carried out in conjunction with an appropriate inspection of the commercial motor vehicle to enforce Government or State commercial motor vehicle safety regulations:
“(1) enforcement of commercial motor vehicle size and weight limitations at locations other than fixed weight facilities, at specific locations such as steep grades or mountainous terrains where the weight of a commercial motor vehicle can significantly affect the safe operation of the vehicle, or at ports where intermodal shipping containers enter and leave the United States.
“(2) detection of the unlawful presence of a controlled substance (as defined under section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802)) in a commercial motor vehicle or on the person of any occupant (including the operator) of the vehicle.
“(3) enforcement of State traffic laws and regulations designed to promote the safe operation of commercial motor vehicles.”
Subsec. (e). Pub. L. 109–59, §4106(b)(2), added subsec. (e).
1999—Subsec. (b)(1)(A). Pub. L. 106–159, §207(1), realigned subpar. (A) margins.
Subsec. (b)(1)(R). Pub. L. 106–159, §207(2), added subpar. (R) and struck out former subpar. (R) which read as follows: “ensures that the State will cooperate in the enforcement of registration and financial responsibility requirements under sections 31138 and 31139, or regulations issued thereunder;”.
1998—Subsec. (a). Pub. L. 105–178, §4003(b)(1), inserted “improving motor carrier safety and” after “implementation of programs for” and “, hazardous materials transportation safety,” after “commercial motor vehicle safety”.
Subsec. (b)(1). Pub. L. 105–178, §4003(b)(2), in introductory provisions, substituted “assume responsibility for improving motor carrier safety and to adopt and enforce” for “adopt and assume responsibility for enforcing” and inserted “, hazardous materials transportation safety,” after “commercial motor vehicle safety”.
Subsec. (b)(1)(A) to (I). Pub. L. 105–178, §4003(c)(6), (7), added subpar. (A) and redesignated former subpars. (A) to (H) as (B) to (I), respectively. Former subpar. (I) redesignated (J).
Subsec. (b)(1)(J). Pub. L. 105–178, §4003(c)(6), redesignated subpar. (I) as (J). Former subpar. (J) redesignated (K).
Pub. L. 105–178, §4003(c)(1), substituted “subsection (c)(1)” for “subsection (c)”.
Subsec. (b)(1)(K) to (M). Pub. L. 105–178, §4003(c)(6), redesignated subpars. (J) to (L) as (K) to (M), respectively. Former subpar. (M) redesignated (N).
Pub. L. 105–178, §4003(c)(2), added subpars. (K) to (M) and struck out former subpars. (K) to (M) which read as follows:
“(K) ensures that fines imposed and collected by the State for violations of commercial motor vehicle safety regulations will be reasonable and appropriate and that, to the maximum extent practicable, the State will attempt to implement the recommended fine schedule published by the Commercial Vehicle Safety Alliance;
“(L) ensures that the State agency will coordinate the plan prepared under this section with the State highway safety plan under section 402 of title 23;
“(M) ensures participation by the 48 contiguous States in SAFETYNET not later than January 1, 1994;”.
Subsec. (b)(1)(N). Pub. L. 105–178, §4003(c)(6), redesignated subpar. (M) as (N). Former subpar. (N) redesignated (O).
Subsec. (b)(1)(O). Pub. L. 105–178, §4003(c)(6), redesignated subpar. (N) as (O). Former subpar. (O) redesignated (P).
Pub. L. 105–178, §4003(c)(3), inserted “in support of national priorities and performance goals, including” after “activities” in introductory provisions, substituted “activities aimed at removing” for “to remove” in cl. (i), substituted “activities aimed at providing” for “to provide” and inserted “and” after semicolon in cl. (ii), added cl. (iii), and struck out former cls. (iii) and (iv) which read as follows:
“(iii) to promote enforcement of the requirements related to the licensing of commercial motor vehicle drivers, including checking the status of commercial drivers’ licenses; and
“(iv) to improve enforcement of hazardous material transportation regulations by encouraging more inspections of shipper facilities affecting highway transportation and more comprehensive inspection of the loads of commercial motor vehicles transporting hazardous material;”.
Subsec. (b)(1)(P). Pub. L. 105–178, §4003(c)(6), redesignated subpar. (O) as (P). Former subpar. (P) redesignated (Q).
Pub. L. 105–178, §4003(c)(4), added subpar. (P) and struck out former subpar. (P) which read as follows: “provides satisfactory assurances that the State will promote effective—
“(i) interdiction activities affecting the transportation of controlled substances by commercial motor vehicle drivers and training on appropriate strategies for carrying out those interdiction activities; and
“(ii) use of trained and qualified officers and employees of political subdivisions and local governments, under the supervision and direction of the State motor vehicle safety agency, in the enforcement of regulations affecting commercial motor vehicle safety and hazardous material transportation safety; and”.
Subsec. (b)(1)(Q). Pub. L. 105–178, §4003(c)(6), redesignated subpar. (P) as (Q). Former subpar. (Q) redesignated (R).
Pub. L. 105–178, §4003(c)(5)(A), substituted “sections 31138 and 31139” for “sections 31140 and 31146”.
Subsec. (b)(1)(R). Pub. L. 105–178, §4003(c)(6), redesignated subpar. (Q) as (R).
Subsec. (b)(1)(S), (T). Pub. L. 105–178, §4003(c)(5)(B), (8), added subpars. (S) and (T).
1995—Subsec. (b)(1)(Q). Pub. L. 104–88 added subpar. (Q).
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 701 of this title.
Relationship to Other Laws
Except as provided in sections 14504, 14504a, and 14506 of this title, subtitle C (§§4301–4308) of title IV of Pub. L. 109–59 is not intended to prohibit any State or any political subdivision of any State from enacting, imposing, or enforcing any law or regulation with respect to a motor carrier, motor private carrier, broker, freight forwarder, or leasing company that is not otherwise prohibited by law, see section 4302 of Pub. L. 109–59, set out as a note under section 13902 of this title.
Maintenance of Effort
Pub. L. 106–159, title I, §103(c), Dec. 9, 1999, 113 Stat. 1753, provided that: “The Secretary may not make, from funds made available by or under this section [amending section 31107 of this title, enacting provisions set out as notes under this section and section 31104 of this title, and amending a provision set out as a note under section 104 of Title 23, Highways] (including any amendment made by this section), a grant to a State unless the State first enters into a binding agreement with the Secretary that provides that the total expenditures of amounts of the State and its political subdivisions (not including amounts of the United States) for the development or implementation of programs for improving motor carrier safety and enforcement of regulations, standards, and orders of the United States on commercial motor vehicle safety, hazardous materials transportation safety, and compatible State regulations, standards, and orders will be maintained at a level at least equal to the average level of such expenditures for fiscal years 1997, 1998, and 1999.”
State Compliance With CDL Requirements
Pub. L. 106–159, title I, §103(e), Dec. 9, 1999, 113 Stat. 1754, provided that:
“(1)
“(2)
“(3)
“(4)
“(5)
Effects of MCSAP Grant Reductions
Pub. L. 105–178, title IV, §4032, June 9, 1998, 112 Stat. 419, provided that:
“(a)
“(1) national uniformity and the purposes of the motor carrier safety assistance program;
“(2) State motor carrier, commercial motor vehicle, and driver safety oversight and enforcement capabilities; and
“(3) the safety impacts, costs, and benefits of full participation in the program.
“(b)
“(c)
1 So in original. The period probably should be a semicolon.
§31103. United States Government's share of costs
(a)
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 987; Pub. L. 105–178, title IV, §4003(d), June 9, 1998, 112 Stat. 397; Pub. L. 109–59, title IV, §4307(a), Aug. 10, 2005, 119 Stat. 1774.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31103 | 49 App.:2303. | Jan. 6, 1983, Pub. L. 97–424, §403, 96 Stat. 2156; Dec. 18, 1991, Pub. L. 102–240, §4002(d), 105 Stat. 2142. |
The word “rules” is omitted as being synonymous with “regulations”.
Amendments
2005—Subsec. (a). Pub. L. 109–59 substituted “31102(b)(1)(E)” for “31102(b)(1)(D)” and inserted before last sentence “Amounts generated under the unified carrier registration agreement under section 14504a and received by a State and used for motor carrier safety purposes may be included as part of the State's share not provided by the United States.”
1998—Pub. L. 105–178 designated existing provisions as subsec. (a), inserted subsec. heading, inserted “improve commercial motor vehicle safety and” after “implementing programs to”, and added subsec. (b).
Relationship to Other Laws
Except as provided in sections 14504, 14504a, and 14506 of this title, subtitle C (§§4301–4308) of title IV of Pub. L. 109–59 is not intended to prohibit any State or any political subdivision of any State from enacting, imposing, or enforcing any law or regulation with respect to a motor carrier, motor private carrier, broker, freight forwarder, or leasing company that is not otherwise prohibited by law, see section 4302 of Pub. L. 109–59, set out as a note under section 13902 of this title.
§31104. Availability of amounts
(a)
(1) $188,480,000 for fiscal year 2005;
(2) $188,000,000 for fiscal year 2006;
(3) $197,000,000 for fiscal year 2007;
(4) $202,000,000 for fiscal year 2008; and
(5) $209,000,000 for fiscal year 2009.
(b)
(c)
(d)
(e)
(f)
(1)
(2)
(A)
(B)
(g)
(h)
(i)
(1)
(A) $254,849,000 for fiscal year 2005;
(B) $213,000,000 for fiscal year 2006;
(C) $223,000,000 for fiscal year 2007;
(D) $228,000,000 for fiscal year 2008; and
(E) $234,000,000 for fiscal year 2009.
(2)
(j)
(1)
(2)
(3)
(k)
(1)
(2)
(3)
(4)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 987; Pub. L. 105–130, §7, Dec. 1, 1997, 111 Stat. 2559; Pub. L. 105–178, title IV, §4003(e)–(g), June 9, 1998, 112 Stat. 397; Pub. L. 108–88, §7(b), Sept. 30, 2003, 117 Stat. 1120; Pub. L. 108–202, §11(b), Feb. 29, 2004, 118 Stat. 490; Pub. L. 108–224, §9(b), Apr. 30, 2004, 118 Stat. 638; Pub. L. 108–263, §9(b), June 30, 2004, 118 Stat. 709; Pub. L. 108–280, §9(b), July 30, 2004, 118 Stat. 886; Pub. L. 108–310, §7(b), Sept. 30, 2004, 118 Stat. 1153; Pub. L. 109–14, §6(b), May 31, 2005, 119 Stat. 330; Pub. L. 109–20, §6(b), July 1, 2005, 119 Stat. 352; Pub. L. 109–35, §6(b), July 20, 2005, 119 Stat. 385; Pub. L. 109–37, §6(b), July 22, 2005, 119 Stat. 400; Pub. L. 109–40, §6(b), July 28, 2005, 119 Stat. 417; Pub. L. 109–59, title IV, §§4101(a), (b), 4107(a), Aug. 10, 2005, 119 Stat. 1714, 1719.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31104(a) | 49 App.:2304(a). | Jan. 6, 1983, Pub. L. 97–424, §404(a), 96 Stat. 2156; restated Oct. 27, 1986, Pub. L. 99–570, §12014, 100 Stat. 3207–186; Dec. 18, 1991, Pub. L. 102–240, §4002(e), 105 Stat. 2142. |
| 31104(b) | 49 App.:2304(c). | Jan. 6, 1983, Pub. L. 97–424, §404(c), 96 Stat. 2156; Oct. 27, 1986, Pub. L. 99–570, §12014, 100 Stat. 3207–186; restated Dec. 18, 1991, Pub. L. 102–240, §4002(f), 105 Stat. 2142. |
| 49 App.:2304(e). | Jan. 6, 1983, Pub. L. 97–424, §404(b), (d), (e), 96 Stat. 2156; restated Oct. 27, 1986, Pub. L. 99–570, §12014, 100 Stat. 3207–186. | |
| 31104(c) | 49 App.:2304(b). | |
| 31104(d) | 49 App.:2304(d). | |
| 31104(e) | 49 App.:2304(f)(1). | Jan. 6, 1983, Pub. L. 97–424, §404(f), 96 Stat. 2156; Oct. 27, 1986, Pub. L. 99–570, §12014, 100 Stat. 3207–186; restated Dec. 18, 1991, Pub. L. 102–240, §4002(g), 105 Stat. 2142. |
| 31104(f) | 49 App.:2304(f)(2). | |
| 31104(g)(1) | 49 App.:2304(g) (less last sentences of (5) and (6)). | Jan. 6, 1983, Pub. L. 97–424, 96 Stat. 2155, §404(g), (h); added Dec. 18, 1991, Pub. L. 102–240, §4002(h), (i), 105 Stat. 2143. |
| 31104(g)(2) | 49 App.:2304(g)(5) (last sentence). | |
| 31104(g)(3) | 49 App.:2304(g)(6) (last sentence). | |
| 31104(h) | 49 App.:2304(h). | |
| 31104(i) | 49 App.:2304 (note). | Dec. 18, 1991, Pub. L. 102–240, §4002(k), 105 Stat. 2144. |
| 31104(j) | 49 App.:2302 (note). | Dec. 18, 1991, Pub. L. 102–240, §4002(l), 105 Stat. 2144. |
In subsection (a), the text of 49 App.:2304(a)(1) and the references to fiscal years ending September 30, 1987–1992, are omitted as obsolete.
In subsection (b), the text of 49 App.:2304(e) is omitted as superseded by 49 App.:2304(c) restated by section 4002(f) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102–240, 105 Stat. 2142) and restated in this subsection.
In subsection (b)(2), the words “Amounts made available under section 404(a)(2) of the Surface Transportation Assistance Act of 1982 before October 1, 1991” are substituted for “Funds made available under this subchapter” for clarity and because of the restatement.
In subsection (c), the words “Funds authorized to be appropriated” are omitted because of the omission of 49 App.:2304(a)(1) as obsolete.
In subsection (e), the words “for administrative expenses incurred in carrying out section 31102 of this title” are substituted for “for administration of this section” for clarity and consistency with the source provisions restated in this section and section 31102 of the revised title.
In subsection (i), before clause (1), the words “Not later than 6 months after December 18, 1991” are omitted as obsolete. The words “for grants under section 31102(a) of this title” are substituted for “under the motor carrier safety assistance program” for clarity and because of the restatement. The words “In prescribing those regulations” are substituted for “In conducting such a revision” because of the restatement.
In subsection (j), the words “Not later than 9 months after December 18, 1991” are omitted as obsolete. The word “final” is omitted as unnecessary. The words “regulations to be enforced under section 31102(a) of this title” are substituted for “under the motor carrier safety assistance program” for clarity and because of the restatement.
Amendments
2005—Subsec. (a). Pub. L. 109–59, §4101(a), reenacted heading without change and amended text of subsec. (a) generally. Prior to amendment, text contained pars. (1) to (8) making amounts available from the Highway Trust Fund (other than the Mass Transit Account) for the Secretary of Transportation to incur obligations to carry out section 31102 for fiscal years 1998 to 2004 and part of 2005.
Subsec. (a)(8). Pub. L. 109–40 amended par. (8) generally. Prior to amendment, par. (8) read as follows: “Not more than $138,904,110 for the period of October 1, 2004, through July 27, 2005.”
Pub. L. 109–37 amended par. (8) generally. Prior to amendment, par. (8) read as follows: “Not more than $136,589,041 for the period of October 1, 2004, through July 21, 2005.”
Pub. L. 109–35 amended par. (8) generally. Prior to amendment, par. (8) read as follows: “Not more than $135,200,000 for the period of October 1, 2004, through July 19, 2005.”
Pub. L. 109–20 amended par. (8) generally. Prior to amendment, par. (8) read as follows: “Not more than $126,402,740 for the period of October 1, 2004, through June 30, 2005.”
Pub. L. 109–14 amended par. (8) generally. Prior to amendment, par. (8) read as follows: “Not more than $112,512,329 for the period of October 1, 2004, through May 31, 2005.”
Subsecs. (i), (j). Pub. L. 109–59, §4101(b), added subsecs. (i) and (j).
Subsec. (k). Pub. L. 109–59, §4107(a), added subsec. (k).
2004—Subsec. (a)(7). Pub. L. 108–280 amended par. (7) generally. Prior to amendment, par. (7) read as follows: “Not more than $140,833,333 for the period of October 1, 2003, through July 31, 2004.”
Pub. L. 108–263 amended par. (7) generally. Prior to amendment, par. (7) read as follows: “Not more than $126,519,126 for the period of October 1, 2003, through June 30, 2004.”
Pub. L. 108–224 amended par. (7) generally. Prior to amendment, par. (7) read as follows: “Not more than $98,352,000 for the period of October 1, 2003, through April 30, 2004.”
Pub. L. 108–202 amended par. (7) generally. Prior to amendment, par. (7) read as follows: “Not more than $68,750,000 for the period of October 1, 2003, through February 29, 2004.”
Subsec. (a)(8). Pub. L. 108–310 added par. (8).
2003—Subsec. (a)(7). Pub. L. 108–88 added par. (7).
1998—Subsec. (a). Pub. L. 105–178, §4003(e), amended heading and text of subsec. (a) generally, substituting provisions relating to appropriations for fiscal years 1998 to 2003 for provisions relating to appropriations for fiscal years ending Sept. 30, 1993 to 1997 and for period of Oct. 1, 1997 through Mar. 31, 1998.
Subsec. (b). Pub. L. 105–178, §4003(f), struck out par. (1) designation and par. (2) which read as follows: “Amounts made available under section 404(a)(2) of the Surface Transportation Assistance Act of 1982 before October 1, 1991, that are not obligated on October 1, 1992, are available for reallocation and obligation under paragraph (1) of this subsection.”
Subsec. (f). Pub. L. 105–178, §4003(g)(1), added subsec. (f) and struck out heading and text of former subsec. (f). Text read as follows: “On October 1 of each fiscal year or as soon after that date as practicable, the Secretary, after making the deduction described in subsection (e) of this section, shall allocate under criteria the Secretary establishes the amounts available for that fiscal year among the States with plans approved under section 31102 of this title. However, the Secretary may designate specific eligible States among which to allocate those amounts in allocating amounts available—
“(1) for research, development, and demonstration under subsection (g)(1)(F) of this section; and
“(2) for public education under subsection (g)(1)(G) of this section.”
Subsec. (g). Pub. L. 105–178, §4003(g)(1), (2), redesignated subsec. (h) as (g) and struck out former subsec. (g) which related to specific allocations.
Subsec. (h). Pub. L. 105–178, §4003(g)(4), redesignated subsec. (j) as (h). Former subsec. (h) redesignated (g).
Subsec. (i). Pub. L. 105–178, §4003(g)(3), struck out heading and text of subsec. (i). Text read as follows: “The Secretary shall prescribe regulations to develop an improved formula and process for allocating amounts made available for grants under section 31102(a) of this title among States eligible for those amounts. In prescribing those regulations, the Secretary shall—
“(1) consider ways to provide incentives to States that demonstrate innovative, successful, cost-efficient, or cost-effective programs to promote commercial motor vehicle safety and hazardous material transportation safety;
“(2) place special emphasis on incentives to States that conduct traffic safety enforcement activities that are coupled with motor carrier safety inspections; and
“(3) consider ways to provide incentives to States that increase compatibility of State commercial motor vehicle safety and hazardous material transportation regulations with Government safety regulations and promote other factors intended to promote effectiveness and efficiency the Secretary decides are appropriate.”
Subsec. (j). Pub. L. 105–178, §4003(g)(4), redesignated subsec. (j) as (h).
1997—Subsec. (a). Pub. L. 105–130 substituted “Not more” for “not more” in pars. (1) to (5) and added par. (6).
Funding
Pub. L. 109–59, title IV, §4116(d), Aug. 10, 2005, 119 Stat. 1728, provided that: “Amounts made available pursuant to section 31104(i) of title 49, United States Code, shall be used by the Secretary [of Transportation] to carry out section 31149 of title 49, United States Code.”
Increased Authorizations for Motor Carrier Safety Grants
Pub. L. 105–178, title IV, §4003(i), as added by Pub. L. 106–159, title I, §103(b)(1), Dec. 9, 1999, 113 Stat. 1753, provided that: “The amount made available to incur obligations to carry out section 31102 of title 49, United States Code, by section 31104(a) of such title for each of fiscal years 2001 through 2003 shall be increased by $65,000,000.”
§31105. Employee protections
(a)
(A)(i) the employee, or another person at the employee's request, has filed a complaint or begun a proceeding related to a violation of a commercial motor vehicle safety or security regulation, standard, or order, or has testified or will testify in such a proceeding; or
(ii) the person perceives that the employee has filed or is about to file a complaint or has begun or is about to begin a proceeding related to a violation of a commercial motor vehicle safety or security regulation, standard, or order;
(B) the employee refuses to operate a vehicle because—
(i) the operation violates a regulation, standard, or order of the United States related to commercial motor vehicle safety, health, or security; or
(ii) the employee has a reasonable apprehension of serious injury to the employee or the public because of the vehicle's hazardous safety or security condition;
(C) the employee accurately reports hours on duty pursuant to chapter 315;
(D) the employee cooperates, or the person perceives that the employee is about to cooperate, with a safety or security investigation by the Secretary of Transportation, the Secretary of Homeland Security, or the National Transportation Safety Board; or
(E) the employee furnishes, or the person perceives that the employee is or is about to furnish, information to the Secretary of Transportation, the Secretary of Homeland Security, the National Transportation Safety Board, or any Federal, State, or local regulatory or law enforcement agency as to the facts relating to any accident or incident resulting in injury or death to an individual or damage to property occurring in connection with commercial motor vehicle transportation.
(2) Under paragraph (1)(B)(ii) of this subsection, an employee's apprehension of serious injury is reasonable only if a reasonable individual in the circumstances then confronting the employee would conclude that the hazardous safety or security condition establishes a real danger of accident, injury, or serious impairment to health. To qualify for protection, the employee must have sought from the employer, and been unable to obtain, correction of the hazardous safety or security condition.
(b)
(2)(A) Not later than 60 days after receiving a complaint, the Secretary of Labor shall conduct an investigation, decide whether it is reasonable to believe the complaint has merit, and notify, in writing, the complainant and the person alleged to have committed the violation of the findings. If the Secretary of Labor decides it is reasonable to believe a violation occurred, the Secretary of Labor shall include with the decision findings and a preliminary order for the relief provided under paragraph (3) of this subsection.
(B) Not later than 30 days after the notice under subparagraph (A) of this paragraph, the complainant and the person alleged to have committed the violation may file objections to the findings or preliminary order, or both, and request a hearing on the record. The filing of objections does not stay a reinstatement ordered in the preliminary order. If a hearing is not requested within the 30 days, the preliminary order is final and not subject to judicial review.
(C) A hearing shall be conducted expeditiously. Not later than 120 days after the end of the hearing, the Secretary of Labor shall issue a final order. Before the final order is issued, the proceeding may be ended by a settlement agreement made by the Secretary of Labor, the complainant, and the person alleged to have committed the violation.
(3)(A) If the Secretary of Labor decides, on the basis of a complaint, a person violated subsection (a) of this section, the Secretary of Labor shall order the person to—
(i) take affirmative action to abate the violation;
(ii) reinstate the complainant to the former position with the same pay and terms and privileges of employment; and
(iii) pay compensatory damages, including backpay with interest and compensation for any special damages sustained as a result of the discrimination, including litigation costs, expert witness fees, and reasonable attorney fees.
(B) If the Secretary of Labor issues an order under subparagraph (A) of this paragraph and the complainant requests, the Secretary of Labor may assess against the person against whom the order is issued the costs (including attorney fees) reasonably incurred by the complainant in bringing the complaint. The Secretary of Labor shall determine the costs that reasonably were incurred.
(C) Relief in any action under subsection (b) may include punitive damages in an amount not to exceed $250,000.
(c)
(d)
(e)
(f)
(g)
(h)
(1) Except as provided in paragraph (2) of this subsection, or with the written consent of the employee, the Secretary of Transportation or the Secretary of Homeland Security may not disclose the name of an employee who has provided information about an alleged violation of this part, or a regulation prescribed or order issued under any of those provisions.
(2) The Secretary of Transportation or the Secretary of Homeland Security shall disclose to the Attorney General the name of an employee described in paragraph (1) of this subsection if the matter is referred to the Attorney General for enforcement. The Secretary making such disclosure shall provide reasonable advance notice to the affected employee if disclosure of that person's identity or identifying information is to occur.
(i)
(1)
(2)
(3)
(j)
(1) directly affects commercial motor vehicle safety or security in the course of employment by a commercial motor carrier; and
(2) is not an employee of the United States Government, a State, or a political subdivision of a State acting in the course of employment.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 990; Pub. L. 110–53, title XV, §1536, Aug. 3, 2007, 121 Stat. 464.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31105(a) | 49 App.:2305(a), (b). | Jan. 6, 1983, Pub. L. 97–424, §405(a)–(d), 96 Stat. 2157. |
| 31105(b) | 49 App.:2305(c). | |
| 31105(c) | 49 App.:2305(d). | |
| 31105(d) | 49 App.:2305(e). | Jan. 6, 1983, Pub. L. 97–424, §405(e), 96 Stat. 2158; Nov. 8, 1984, Pub. L. 98–620, §402(51), 98 Stat. 3361. |
In subsection (a)(1), before clause (A), the words “in any manner” are omitted as surplus. The word “conditions” is omitted as included in “terms”. In clauses (A) and (B), the word “rule” is omitted as being synonymous with “regulation”. In clause (A), the word “begun” is substituted for “instituted or caused to be instituted” for consistency in the revised title and to eliminate unnecessary words. In clause (B), the words before subclause (i) are substituted for “for refusing to operate a vehicle when” and “or because of” for clarity and consistency. In subclause (ii), the words “vehicle's unsafe condition” are substituted for “unsafe condition of such equipment” for consistency.
Subsection (a)(2) is substituted for 49 App.:2305(b) (2d, last sentences) for clarity and to eliminate unnecessary words.
In subsection (b)(1), the words “alleging such discharge, discipline, or discrimination” are omitted as surplus.
In subsection (b)(2)(B), the words “Not later than 30 days after the notice under subparagraph (A) of this paragraph” are substituted for “Thereafter” and “within thirty days” for clarity.
In subsection (b)(2)(C), the words “Before the final order is issued” are substituted for “In the interim” for clarity.
Subsection (b)(3)(A) is substituted for 49 App.:2305(c)(2)(B) (1st sentence) for clarity and to eliminate unnecessary words. In clause (ii), the word “conditions” is omitted as included in “terms”. The provision for back pay is moved from clause (ii) to clause (iii) for clarity.
In subsection (b)(3)(B), the words “a sum equal to the aggregate amount of all” and “and expenses” are omitted as surplus. The words “in bringing the complaint” are substituted for “for, or in connection with, the bringing of the complaint upon which the order was issued” to eliminate unnecessary words.
In subsection (c), the words “or aggrieved” and “with respect to which the order was issued, allegedly” are omitted as surplus. The words “in accordance with the provisions of chapter 7 of title 5 and” are omitted because 5:ch. 7 applies unless otherwise stated.
In subsection (d), the text of 49 App.:2305(e) (last sentence) is omitted as unnecessary.
Amendments
2007—Pub. L. 110–53 amended text of section generally. Prior to amendment, section related to, in subsec. (a), prohibition against discharge or discipline of, or discrimination against, an employee regarding pay, terms, or privileges of employment for certain actions, in subsec. (b), procedures for filing of complaint, in subsec. (c), judicial review and venue, and, in subsec. (d), civil action to enforce an order.
Employee Protections
Pub. L. 105–178, title IV, §4023, June 9, 1998, 112 Stat. 415, provided that: “Not later than 2 years after the date of enactment of this Act [June 9, 1998], the Secretary [of Transportation], in conjunction with the Secretary of Labor, shall report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the effectiveness of existing statutory employee protections provided for under section 31105 of title 49, United States Code. The report shall include recommendations to address any statutory changes necessary to strengthen the enforcement of such employee protection provisions.”
1 So in original. Probably should be “subsection (b)(1),”.
§31106. Information systems
(a)
(1)
(2)
(3)
(A) identify and collect necessary motor carrier, commercial motor vehicle, and driver data;
(B) evaluate the safety fitness of motor carriers and drivers;
(C) develop strategies to mitigate safety problems and to use data analysis to address and measure the effectiveness of such strategies and related programs;
(D) determine the cost-effectiveness of Federal and State safety compliance and enforcement programs and other countermeasures;
(E) adapt, improve, and incorporate other information and information systems as the Secretary determines appropriate;
(F) ensure, to the maximum extent practical, all the data is complete, timely, and accurate across all information systems and initiatives; and
(G) establish and implement a national motor carrier safety data correction system.
(4)
(A) uniform, timely, and accurate information collection and reporting by the States and other entities as determined appropriate by the Secretary;
(B) uniform Federal, State, and local policies and procedures necessary to operate the information system; and
(C) the reliability and availability of the information to the Secretary and States.
(b)
(1)
(2)
(A) determine the safety fitness of a motor carrier or registrant when licensing or registering the registrant or motor carrier or while the license or registration is in effect; and
(B) deny, suspend, or revoke the commercial motor vehicle registrations of a motor carrier or registrant that has been issued an operations out-of-service order by the Secretary.
(3)
(A) comply with the uniform policies, procedures, and technical and operational standards prescribed by the Secretary under subsection (a)(4);
(B) possess or seek the authority to possess for a time period no longer than determined reasonable by the Secretary, to impose sanctions relating to commercial motor vehicle registration on the basis of a Federal safety fitness determination; and
(C) establish and implement a process to cancel the motor vehicle registration and seize the registration plates of a vehicle when an employer is found liable under section 31310(i)(2)(C) for knowingly allowing or requiring an employee to operate such a commercial motor vehicle in violation of an out-of-service order.
(4)
(c)
(1) enhancing the exchange of driver licensing information among the States, the Federal Government, and foreign countries;
(2) providing information to the judicial system on commercial motor vehicle drivers;
(3) evaluating any aspect of driver performance that the Secretary determines appropriate; and
(4) developing appropriate strategies and countermeasures to improve driver safety.
(d)
(e)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 991; Pub. L. 105–178, title IV, §4004(a), June 9, 1998, 112 Stat. 398; Pub. L. 109–59, title IV, §§4108(a), 4109(a), Aug. 10, 2005, 119 Stat. 1720.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31106(a) | 49 App.:2306(f). | Jan. 6, 1983, Pub. L. 97–424, 96 Stat. 2155, §407; added Dec. 18, 1991, Pub. L. 102–240, §4003, 105 Stat. 2144. |
| 31106(b) | 49 App.:2306(a) (2)–(5). | |
| 31106(c) | 49 App.:2306(b). | |
| 31106(d) | 49 App.:2306(a)(1). | |
| 31106(e) | 49 App.:2306(c). | |
| 31106(f) | 49 App.:2306(d). | |
| 31106(g) | 49 App.:2306(e). |
In subsection (b)(2), the word “schedule” is substituted for “system” for clarity.
Amendments
2005—Subsec. (a)(3)(F), (G). Pub. L. 109–59, §4108(a), added subpars. (F) and (G).
Subsec. (b)(2) to (4). Pub. L. 109–59, §4109(a), added pars. (2) to (4) and struck out former pars. (2) to (4), which related to design of program with State licensing systems in par. (2), conditions of participation in par. (3), and funding for fiscal years 1998 to 2003 in par. (4).
1998—Pub. L. 105–178 amended section catchline and text generally, substituting, in subsec. (a), provisions relating to information systems and data analysis for provisions relating to definition of commercial motor vehicle, in subsec. (b), provisions relating to performance and registration information program for provisions relating to information system, in subsec. (c), provisions relating to commercial motor vehicle driver safety program for provisions relating to demonstration project, in subsec. (d), provisions relating to cooperative agreements, grants, and contracts for provisions relating to review of State systems, and in subsec. (e), provisions relating to information availability and privacy protection policy for provisions relating to regulations, and striking out subsecs. (f) and (g), which related to report to Congress and authorization of appropriations, respectively.
Commercial Vehicle Information Systems and Networks Deployment
Pub. L. 109–59, title IV, §4126, Aug. 10, 2005, 119 Stat. 1738, provided that:
“(a)
“(1) improve the safety and productivity of commercial vehicles and drivers; and
“(2) reduce costs associated with commercial vehicle operations and Federal and State commercial vehicle regulatory requirements.
“(b)
“(c)
“(1)
“(2)
“(3)
“(d)
“(1)
“(2)
“(3)
“(4)
“(e)
“(1) shall have a commercial vehicle information systems and networks program plan approved by the Secretary that describes the various systems and networks at the State level that need to be refined, revised, upgraded, or built to accomplish deployment of core capabilities;
“(2) shall certify to the Secretary that its commercial vehicle information systems and networks deployment activities, including hardware procurement, software and system development, and infrastructure modifications—
“(A) are consistent with the national intelligent transportation systems and commercial vehicle information systems and networks architectures and available standards; and
“(B) promote interoperability and efficiency to the extent practicable; and
“(3) shall agree to execute interoperability tests developed by the Federal Motor Carrier Safety Administration to verify that its systems conform with the national intelligent transportation systems architecture, applicable standards, and protocols for commercial vehicle information systems and networks.
“(f)
“(g)
“(1)
“(A) improve the safety of commercial motor vehicle operations;
“(B) increase the efficiency of regulatory inspection processes to reduce administrative burdens by advancing technology to facilitate inspections and increase the effectiveness of enforcement efforts;
“(C) advance electronic processing of registration information, driver licensing information, fuel tax information, inspection and crash data, and other safety information;
“(D) enhance the safe passage of commercial motor vehicles across the United States and across international borders; and
“(E) promote the communication of information among the States and encourage multistate cooperation and corridor development.
“(2)
“(A) means motor carrier operations and motor vehicle regulatory activities associated with the commercial motor vehicle movement of goods, including hazardous materials, and passengers; and
“(B) with respect to the public sector, includes the issuance of operating credentials, the administration of motor vehicle and fuel taxes, and roadside safety and border crossing inspection and regulatory compliance operations.
“(3)
“(A) Safety information exchange to—
“(i) electronically collect and transmit commercial motor vehicle and driver inspection data at a majority of inspection sites in the State;
“(ii) connect to the safety and fitness electronic records system for access to interstate carrier and commercial motor vehicle data, summaries of past safety performance, and commercial motor vehicle credentials information; and
“(iii) exchange carrier data and commercial motor vehicle safety and credentials information within the State and connect to such system for access to interstate carrier and commercial motor vehicle data.
“(B) Interstate credentials administration to—
“(i) perform end-to-end processing, including carrier application, jurisdiction application processing, and credential issuance, of at least the international registration plan and international fuel tax agreement credentials and extend this processing to other credentials, including intrastate registration, vehicle titling, oversize vehicle permits, overweight vehicle permits, carrier registration, and hazardous materials permits;
“(ii) connect to such plan and agreement clearinghouses; and
“(iii) have at least 10 percent of the credentialing transaction volume in the State handled electronically and have the capability to add more carriers and to extend to branch offices where applicable.
“(C) Roadside electronic screening to electronically screen transponder-equipped commercial vehicles at a minimum of one fixed or mobile inspection site in the State and to replicate this screening at other sites in the State.
“(4)
§31107. Border enforcement grants
(a)
(b)
(c)
(d)
(Added Pub. L. 109–59, title IV, §4110(a)(2), Aug. 10, 2005, 119 Stat. 1721.)
Prior Provisions
A prior section 31107, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 992; Pub. L. 105–178, title IV, §4004(b), June 9, 1998, 112 Stat. 400; Pub. L. 106–159, title I, §103(d), Dec. 9, 1999, 113 Stat. 1754; Pub. L. 108–88, §7(c)(1), Sept. 30, 2003, 117 Stat. 1120; Pub. L. 108–202, §11(c)(1), Feb. 29, 2004, 118 Stat. 490; Pub. L. 108–224, §9(c)(1), Apr. 30, 2004, 118 Stat. 638; Pub. L. 108–263, §9(c)(1), June 30, 2004, 118 Stat. 709; Pub. L. 108–280, §9(c)(1), July 30, 2004, 118 Stat. 886; Pub. L. 108–310, §7(c)(1), Sept. 30, 2004, 118 Stat. 1153; Pub. L. 109–14, §6(c)(1), May 31, 2005, 119 Stat. 330; Pub. L. 109–20, §6(c)(1), July 1, 2005, 119 Stat. 352; Pub. L. 109–35, §6(c)(1), July 20, 2005, 119 Stat. 385; Pub. L. 109–37, §6(c)(1), July 22, 2005, 119 Stat. 400; Pub. L. 109–40, §6(c)(1), July 28, 2005, 119 Stat. 417, related to contract authority funding for information systems, prior to repeal by Pub. L. 109–59, title IV, §4110(a)(2), Aug. 10, 2005, 119 Stat. 1721.
1 So in original. Probably should be “
§31108. Motor carrier research and technology program
(a)
(1)
(2)
(3)
(A) the causes of accidents, injuries, and fatalities involving commercial motor vehicles;
(B) means of reducing the number and severity of accidents, injuries, and fatalities involving commercial motor vehicles;
(C) improving the safety and efficiency of commercial motor vehicles through technological innovation and improvement;
(D) improving technology used by enforcement officers when conducting roadside inspections and compliance reviews to increase efficiency and information transfers; and
(E) increasing the safety and security of hazardous materials transportation.
(4)
(5)
(6)
(A) independently;
(B) in cooperation with other Federal departments, agencies, and instrumentalities and Federal laboratories; or
(C) by making grants to, or entering into contracts and cooperative agreements with, any Federal laboratory, State agency, authority, association, institution, for-profit or nonprofit corporation, organization, foreign country, or person.
(7)
(b)
(1)
(A) non-Federal entities, including State and local governments, foreign governments, colleges and universities, corporations, institutions, partnerships, and sole proprietorships that are incorporated or established under the laws of any State; and
(B) Federal laboratories.
(2)
(3)
(A)
(B)
(4)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 993; Pub. L. 109–59, title IV, §4111(a), Aug. 10, 2005, 119 Stat. 1722.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31108 | (uncodified). | Dec. 18, 1991, Pub. L. 102–240, §4002(j), 105 Stat. 2144. |
The words “safety duties and powers” are substituted for “safety functions” for clarity and consistency in the revised title. The reference to fiscal year 1992 is omitted as obsolete.
References in Text
The Stevenson-Wydler Technology Innovation Act of 1980, referred to in subsec. (b)(4), is Pub. L. 96–480, Oct. 21, 1980, 94 Stat. 2311, as amended, which is classified generally to chapter 63 (§3701 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 3701 of Title 15 and Tables.
Amendments
2005—Pub. L. 109–59 amended section catchline and text generally. Prior to amendment, text read as follows: “Not more than $__________ may be appropriated to the Secretary of Transportation for the fiscal year ending September 30, 19__, to carry out the safety duties and powers of the Federal Highway Administration.”
§31109. Performance and registration information system management
The Secretary of Transportation may make a grant to a State to implement the performance and registration information system management requirements of section 31106(b).
(Added Pub. L. 109–59, title IV, §4109(b)(1), Aug. 10, 2005, 119 Stat. 1721.)
SUBCHAPTER II—LENGTH AND WIDTH LIMITATIONS
§31111. Length limitations
(a)
(1)
(2)
(3)
(A) a non-property-carrying power unit that operates in combination with a semitrailer or trailer; or
(B) a power unit that carries as property only motor vehicles when operating in combination with a semitrailer in transporting motor vehicles.
(4)
(b)
(A) imposes a vehicle length limitation of less than 45 feet on a bus, of less than 48 feet on a semitrailer operating in a truck tractor-semitrailer combination, or of less than 28 feet on a semitrailer or trailer operating in a truck tractor-semitrailer-trailer combination, on any segment of the Dwight D. Eisenhower System of Interstate and Defense Highways (except a segment exempted under subsection (f) of this section) and those classes of qualifying Federal-aid Primary System highways designated by the Secretary of Transportation under subsection (e) of this section;
(B) imposes an overall length limitation on a commercial motor vehicle operating in a truck tractor-semitrailer or truck tractor-semitrailer-trailer combination;
(C) has the effect of prohibiting the use of a semitrailer or trailer of the same dimensions as those that were in actual and lawful use in that State on December 1, 1982;
(D) imposes a vehicle length limitation of not less than or more than 97 feet on a driveaway saddlemount with fullmount vehicle transporter combinations;
(E) has the effect of prohibiting the use of an existing semitrailer or trailer, of not more than 28.5 feet in length, in a truck tractor-semitrailer-trailer combination if the semitrailer or trailer was operating lawfully on December 1, 1982, within a 65-foot overall length limit in any State; or
(F) imposes a limitation of less than 46 feet on the distance from the kingpin to the center of the rear axle on trailers used exclusively or primarily in connection with motorsports competition events.
(2) A length limitation prescribed or enforced by a State under paragraph (1)(A) of this subsection applies only to a semitrailer or trailer and not to a truck tractor.
(c)
(d)
(e)
(f)
(2) Before making a decision under paragraph (1) of this subsection, the chief executive officer shall consult with units of local government in the State in which the segment of the Dwight D. Eisenhower System of Interstate and Defense Highways is located and with the chief executive officer of any adjacent State that may be directly affected by the exemption. As part of the consultations, consideration shall be given to any potential alternative route that serves the area in which the segment is located and can safely accommodate a commercial motor vehicle having a length described in subsection (b)(1)(A) of this section or the motor vehicle combination described in subsection (c) of this section.
(3) A chief executive officer's notification under this subsection must include specific evidence of safety problems supporting the officer's decision and the results of consultations about alternative routes.
(4)(A) If the Secretary decides, on request of a chief executive officer or on the Secretary's own initiative, a segment of the Dwight D. Eisenhower System of Interstate and Defense Highways is not capable of safely accommodating a commercial motor vehicle having a length described in subsection (b)(1)(A) of this section or the motor vehicle combination described in subsection (c) of this section, the Secretary shall exempt the segment from either or both of those provisions. Before making a decision under this paragraph, the Secretary shall consider any possible alternative route that serves the area in which the segment is located.
(B) The Secretary shall make a decision about a specific segment not later than 120 days after the date of receipt of notification from a chief executive officer under paragraph (1) of this subsection or the date on which the Secretary initiates action under subparagraph (A) of this paragraph, whichever is applicable. If the Secretary finds the decision will not be made in time, the Secretary immediately shall notify Congress, giving the reasons for the delay, information about the resources assigned, and the projected date for the decision.
(C) Before making a decision, the Secretary shall give an interested person notice and an opportunity for comment. If the Secretary exempts a segment under this subsection before the final regulations under subsection (e) of this section are prescribed, the Secretary shall include the exemption as part of the final regulations. If the Secretary exempts the segment after the final regulations are prescribed, the Secretary shall publish the exemption as an amendment to the final regulations.
(g)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 993; Pub. L. 104–88, title I, §104(b), Dec. 29, 1995, 109 Stat. 919; Pub. L. 105–178, title IV, §4005, June 9, 1998, 112 Stat. 400; Pub. L. 109–59, title IV, §4141, Aug. 10, 2005, 119 Stat. 1746.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31111(a)(1) | 49 App.:2311(f)(2). | Jan. 6, 1983, Pub. L. 97–424, 96 Stat. 2097, §411(f)(2); added Oct. 18, 1986, Pub. L. 99–500, §101(l) [H.R. 5205, §324(a)], 100 Stat. 1783–308, and Oct. 30, 1986, Pub. L. 99–591, §101(l) [H.R. 5205, §324(a)], 100 Stat. 3341–308; Dec. 22, 1987, Pub. L. 100–202, §106, 101 Stat. 1329–433. |
| 31111(a)(2) | 49 App.:2311(f)(1). | Jan. 6, 1983, Pub. L. 97–424, §411(f)(1), 96 Stat. 2160; Oct. 18, 1986, Pub. L. 99–500, §101(l) [H.R. 5205, §324(a)], 100 Stat. 1783–308; Oct. 30, 1986, Pub. L. 99–591, §101(l) [H.R. 5205, §324(a)], 100 Stat. 3341–308; Dec. 22, 1987, Pub. L. 100–202, §106, 101 Stat. 1329–433. |
| 31111(b) | 49 App.:2311(a). | Jan. 6, 1983, Pub. L. 97–424, §411(a), 96 Stat. 2159; Oct. 30, 1984, Pub. L. 98–554, §104(a), 98 Stat. 2831; Dec. 18, 1991, Pub. L. 102–240, §4006(b)(1), 105 Stat. 2151. |
| 49 App.:2311(b). | Jan. 6, 1983, Pub. L. 97–424, §411(b), (g), (h), 96 Stat. 2159, 2160. | |
| 31111(c) | 49 App.:2311(c). | Jan. 6, 1983, Pub. L. 97–424, §411(c), 96 Stat. 2159; Oct. 30, 1984, Pub. L. 98–554, §104(b), 98 Stat. 2831; Oct. 18, 1986, Pub. L. 99–500, §101(l) [H.R. 5205, §324(b)], 100 Stat. 1783–308; Oct. 30, 1986, Pub. L. 99–591, §101(l) [H.R. 5205, §324(b)], 100 Stat. 3341–308; Dec. 22, 1987, Pub. L. 100–202, §106, 101 Stat. 1329–433. |
| 31111(d) | 49 App.:2311(h). | |
| 31111(e) | 49 App.:2311(e). | Jan. 6, 1983, Pub. L. 97–424, §411(e), 96 Stat. 2160; Dec. 18, 1991, Pub. L. 102–240, §4006(c), 105 Stat. 2151. |
| 31111(f) | 49 App.:2311(i). | Jan. 6, 1983, Pub. L. 97–424, 96 Stat. 2097, §411(i); added Oct. 30, 1984, Pub. L. 98–554, §102, 98 Stat. 2829. |
| 31111(g) | 49 App.:2311(d). | Jan. 6, 1983, Pub. L. 97–424, §411(d), 96 Stat. 2160; Apr. 2, 1987, Pub. L. 100–17, §133(a)(7), 101 Stat. 171; Nov. 5, 1990, Pub. L. 101–516, §327(a), 104 Stat. 2182. |
| 49 App.:2311(g). |
In this section, the words “Dwight D. Eisenhower System of Interstate and Defense Highways” are substituted for “National System of Interstate and Defense Highways” because of the Act of October 15, 1990 (Public Law 101–427, 104 Stat. 927).
In subsection (a), the word “property” is substituted for “cargo” for consistency in the revised title.
Subsection (b)(1) is substituted for 49 App.:2311(a) and (b) (2d–last sentences) to eliminate unnecessary words and for consistency in the revised title and with other titles of the United States Code. Hyphens are used in describing the combinations “truck tractor-semitrailer” and “truck tractor-semitrailer-trailer” for consistency. In clause (D), the word “actually” is omitted as surplus.
Subsection (b)(2) is substituted for 49 App.:2311(b) (1st sentence) because of the restatement.
In subsection (d), the words “such as rear view mirrors, turn signal lamps, marker lamps, steps and handholds for entry and egress, flexible fender extensions, mudflaps and splash and spray suppressant devices, load-induced tire bulge, refrigeration units or air compressors and other devices” are omitted as unnecessary and because most items listed relate to width rather than length.
In subsection (e), the words “by regulation” are added for clarity. The words “subject to the provisions of subsections (a) and (c) of this section” are omitted as surplus. The text of 49 App.:2311(e)(2) and (3) is omitted as executed.
In subsection (f), the word “commercial” is added before “motor vehicle” for consistency.
In subsection (f)(4)(C), the reference to regulations prescribed under subsection (e) is substituted for the reference in the source to regulations issued under subsection (a) to be more precise. The word “amendment” is substituted for “revision” for consistency in the revised title.
Subsection (g) is substituted for 49 App.:2311(d) to eliminate unnecessary words. The Secretary's general authority to prescribe regulations is provided in 49:322(a). The word “vessel” is substituted for “boat” because of 1:3. The text of 49 App.:2311(g) is omitted as executed.
Amendments
2005—Subsec. (a)(4). Pub. L. 109–59, §4141(a), added par. (4).
Subsec. (b)(1)(D) to (F). Pub. L. 109–59, §4141(b), added subpar. (D) and redesignated former subpars. (D) and (E) as (E) and (F), respectively.
1998—Subsec. (a). Pub. L. 105–178, §4005(1), substituted “section, the following definitions apply:” for “section—” in introductory provisions.
Subsec. (a)(1). Pub. L. 105–178, §4005(5), added par. (1). Former par. (1) redesignated (2).
Pub. L. 105–178, §4005(2), inserted “
Subsec. (a)(2). Pub. L. 105–178, §4005(4), redesignated par. (1) as (2). Former par. (2) redesignated (3).
Pub. L. 105–178, §4005(3), inserted “
Subsec. (a)(3). Pub. L. 105–178, §4005(4), redesignated par. (2) as (3).
1995—Subsec. (b)(1)(E). Pub. L. 104–88 added subpar. (E).
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 701 of this title.
§31112. Property-carrying unit limitation
(a)
(1) “property-carrying unit” means any part of a commercial motor vehicle combination (except the truck tractor) used to carry property, including a trailer, a semitrailer, or the property-carrying section of a single unit truck.
(2) the length of the property-carrying units of a commercial motor vehicle combination is the length measured from the front of the first property-carrying unit to the rear of the last property-carrying unit.
(b)
(1) the maximum combination trailer, semitrailer, or other type of length limitation allowed by law or regulation of that State before June 2, 1991; or
(2) the length of the property-carrying units of those commercial motor vehicle combinations, by specific configuration, in actual, lawful operation on a regular or periodic basis (including continuing seasonal operation) in that State before June 2, 1991.
(c)
(1) Wyoming may allow the operation of additional vehicle configurations not in actual operation on June 1, 1991, but authorized by State law not later than November 3, 1992, if the vehicle configurations comply with the single axle, tandem axle, and bridge formula limits in section 127(a) of title 23 and are not more than 117,000 pounds gross vehicle weight;
(2) Ohio may allow the operation of commercial motor vehicle combinations with 3 property-carrying units of 28.5 feet each (not including the truck tractor) not in actual operation on June 1, 1991, to be operated in Ohio on the 1-mile segment of Ohio State Route 7 that begins at and is south of exit 16 of the Ohio Turnpike;
(3) Alaska may allow the operation of commercial motor vehicle combinations that were not in actual operation on June 1, 1991, but were in actual operation before July 6, 1991; and
(4) Iowa may allow the operation on Interstate Route 29 between Sioux City, Iowa, and the border between Iowa and South Dakota or on Interstate Route 129 between Sioux City, Iowa, and the border between Iowa and Nebraska of commercial motor vehicle combinations with trailer length, semitrailer length, and property-carrying unit length allowed by law or regulation and in actual lawful operation on a regular or periodic basis (including continued seasonal operation) in South Dakota or Nebraska, respectively, before June 2, 1991.
(5) Nebraska may allow the operation of a truck tractor and 2 trailers or semitrailers not in actual lawful operation on a regular or periodic basis on June 1, 1991, if the length of the property-carrying units does not exceed 81 feet 6 inches and such combination is used only to transport equipment utilized by custom harvesters under contract to agricultural producers to harvest one or more of wheat, soybeans, and milo during the harvest months for such crops, as defined by the State of Nebraska.
(d)
(2) This section does not prevent a State from further restricting in any way or prohibiting the operation of any commercial motor vehicle combination subject to this section, except that a restriction or prohibition shall be consistent with this section and sections 31113(a) and (b) and 31114 of this title.
(3) A State making a minor adjustment of a temporary and emergency nature as authorized by paragraph (1) of this subsection or further restricting or prohibiting the operation of a commercial motor vehicle combination as authorized by paragraph (2) of this subsection shall advise the Secretary not later than 30 days after the action. The Secretary shall publish a notice of the action in the Federal Register.
(4) 1 Nebraska may continue to allow to be operated under paragraphs (b)(1) and (b)(2) of this section,2 the State of Nebraska may allow longer combination vehicles that were not in actual operation on June 1, 1991 to be operated within its boundaries to transport sugar beets from the field where such sugar beets are harvested to storage, market, factory or stockpile or from stockpile to storage, market or factory. This provision shall expire on February 28, 1998.
(e)
(2) Not later than March 17, 1992, the Secretary shall publish an interim list in the Federal Register consisting of all information submitted under paragraph (1) of this subsection. The Secretary shall review for accuracy all information submitted by a State under paragraph (1) and shall solicit and consider public comment on the accuracy of the information.
(3) A law or regulation may not be included on the list submitted by a State or published by the Secretary merely because it authorized, or could have authorized, by permit or otherwise, the operation of commercial motor vehicle combinations not in actual operation on a regular or periodic basis before June 2, 1991.
(4) Except as revised under this paragraph or paragraph (5) of this subsection, the list shall be published as final in the Federal Register not later than June 15, 1992. In publishing the final list, the Secretary shall make any revisions necessary to correct inaccuracies identified under paragraph (2) of this subsection. After publication of the final list, commercial motor vehicle combinations prohibited under subsection (b) of this section may not operate on the Dwight D. Eisenhower System of Interstate and Defense Highways and other Federal-aid Primary System highways designated by the Secretary except as published on the list. The list may be combined by the Secretary with the list required under section 127(d) of title 23.
(5) On the Secretary's own motion or on request by any person (including a State), the Secretary shall review the list published under paragraph (4) of this subsection. If the Secretary decides there is reason to believe a mistake was made in the accuracy of the list, the Secretary shall begin a proceeding to decide whether a mistake was made. If the Secretary decides there was a mistake, the Secretary shall publish the correction.
(f)
(1) to allow the operation on any segment of the Dwight D. Eisenhower System of Interstate and Defense Highways of a longer combination vehicle prohibited under section 127(d) of title 23;
(2) to affect in any way the operation of a commercial motor vehicle having only one property-carrying unit; or
(3) to affect in any way the operation in a State of a commercial motor vehicle with more than one property-carrying unit if the vehicle was in actual operation on a regular or periodic basis (including seasonal operation) in that State before June 2, 1991, that was authorized under State law or regulation or lawful State permit.
(g)
(2) Not later than June 15, 1992, the Secretary shall prescribe regulations establishing criteria for a State to follow in making minor adjustments under subsection (d) of this section.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 995; Pub. L. 104–59, title III, §312(a)(3), Nov. 28, 1995, 109 Stat. 584; Pub. L. 104–205, title III, §352, Sept. 30, 1996, 110 Stat. 2980; Pub. L. 105–66, title III, §343, Oct. 27, 1997, 111 Stat. 1449; Pub. L. 109–59, title IV, §4112, Aug. 10, 2005, 119 Stat. 1724.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31112(a)(1) | 49 App.:2311(j)(7). | Jan 6, 1983, Pub. L. 97–424, 96 Stat. 2159, §411(j); added Dec. 18, 1991, Pub. L. 102–240, §4006(a), 105 Stat. 2148. |
| 31112(a)(2) | 49 App.:2311(j)(3). | |
| 31112(b) | 49 App.:2311(j)(1). | |
| 31112(c) | 49 App.:2311(j)(2). | |
| 31112(d) | 49 App.:2311(j)(4). | |
| 31112(e) | 49 App.:2311(j)(5). | |
| 31112(f) | 49 App.:2311(j)(6). | |
| 31112(g)(1) | 49 App.:2311(j)(9). | |
| 31112(g)(2) | 49 App.:2311(j)(8). |
In this section, the word “property” is substituted for “cargo”, and the word “law” is substituted for “statute”, for consistency in the revised title. The words “Dwight D. Eisenhower System of Interstate and Defense Highways” are substituted for “National System of Interstate and Defense Highways” because of the Act of October 15, 1990 (Public Law 101–427, 104 Stat. 927).
In subsections (b), before clause (1), and (g)(1), the words “dismantled easily or divided easily” are substituted for “easily dismantled or divided” for clarity.
In subsection (e)(4), the words “Except as revised under this paragraph or paragraph (5) of this subsection” are substituted for “Except as modified pursuant to subparagraph (B) or (E) of this subsection” for clarity.
Amendments
2005—Subsec. (c). Pub. L. 109–59, §4112(b), substituted “Iowa, and Nebraska” for “and Iowa” in heading.
Subsec. (c)(5). Pub. L. 109–59, §4112(a), added par. (5).
1997—Subsec. (d)(4). Pub. L. 105–66 substituted “February 28, 1998” for “September 30, 1997”.
1996—Subsec. (d)(4). Pub. L. 104–205, which directed amendment of this section by adding a new subsection designated par. (4) without specifying where, was executed by adding par. (4) to subsec. (d) to reflect the probable intent of Congress.
1995—Subsec. (c). Pub. L. 104–59 substituted “Alaska, and Iowa” for “and Alaska” in heading and added par. (4).
1 See 1996 Amendment note below.
§31113. Width limitations
(a)
(A) a segment of the Dwight D. Eisenhower System of Interstate and Defense Highways (except a segment exempted under subsection (e) of this section);
(B) a qualifying Federal-aid highway designated by the Secretary of Transportation, with traffic lanes designed to be at least 12 feet wide; or
(C) a qualifying Federal-aid Primary System highway designated by the Secretary if the Secretary decides the designation is consistent with highway safety.
(2) Notwithstanding paragraph (1) of this subsection, a State may continue to enforce a regulation of commerce in effect on April 6, 1983, that applies to a commercial motor vehicle of more than 102 inches in width, until the date on which the State prescribes a regulation of commerce that complies with this subsection.
(3) A Federal-aid highway (except an interstate highway) not designated under this subsection on June 5, 1984, may be designated under this subsection only with the agreement of the chief executive officer of the State in which the highway is located.
(b)
(c)
(d)
(e)
(2) Before making a decision under paragraph (1) of this subsection, the chief executive officer shall consult with units of local government in the State in which the segment of the Dwight D. Eisenhower System of Interstate and Defense Highways is located and with the chief executive officer of any adjacent State that may be directly affected by the exemption. As part of the consultations, consideration shall be given to any potential alternative route that serves the area in which the segment is located and can safely accommodate a commercial motor vehicle having the width provided for in subsection (a) of this section.
(3) A chief executive officer's notification under this subsection must include specific evidence of safety problems supporting the officer's decision and the results of consultations about alternative routes.
(4)(A) If the Secretary decides, on request of a chief executive officer or on the Secretary's own initiative, a segment of the Dwight D. Eisenhower System of Interstate and Defense Highways is not capable of safely accommodating a commercial motor vehicle having a width provided in subsection (a) of this section, the Secretary shall exempt the segment from subsection (a) to allow the State to impose a width limitation of less than 102 inches for a vehicle (except a bus) on that segment. Before making a decision under this paragraph, the Secretary shall consider any possible alternative route that serves the area in which the segment is located.
(B) The Secretary shall make a decision about a specific segment not later than 120 days after the date of receipt of notification from a chief executive officer under paragraph (1) of this subsection or the date on which the Secretary initiates action under subparagraph (A) of this paragraph, whichever is applicable. If the Secretary finds the decision will not be made in time, the Secretary immediately shall notify Congress, giving the reasons for the delay, information about the resources assigned, and the projected date for the decision.
(C) Before making a decision, the Secretary shall give an interested person notice and an opportunity for comment. If the Secretary exempts a segment under this subsection before the final regulations under subsection (a) of this section are prescribed, the Secretary shall include the exemption as part of the final regulations. If the Secretary exempts the segment after the final regulations are prescribed, the Secretary shall publish the exemption as an amendment to the final regulations.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 997.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31113(a) | 49 App.:2316(a), (f). | Jan. 6, 1983, Pub. L. 97–424, 96 Stat. 2097, §416(a), (d), (f); added Apr. 5, 1983, Pub. L. 98–17, §1(a), 97 Stat. 59; Oct. 30, 1984, Pub. L. 98–554, §§103(1), 104(d), (e), 105, 98 Stat. 2830, 2831. |
| 31113(b) | 49 App.:2316(b). | Jan. 6, 1983, Pub. L. 97–424, 96 Stat. 2097, §416(b), (c); added Apr. 5, 1983, Pub. L. 98–17, §1(a), 97 Stat. 59. |
| 31113(c) | 49 App.:2316(c). | |
| 31113(d) | 49 App.:2316(d). | |
| 31113(e) | 49 App.:2316(e). | Jan. 6, 1983, Pub. L. 97–424, 96 Stat. 2097, §416(e); added Oct. 30, 1984, Pub. L. 98–554, §103(2), 98 Stat. 2830. |
In this section, the word “commercial” is added before “motor vehicle” for consistency. The words “Dwight D. Eisenhower System of Interstate and Defense Highways” are substituted for “National System of Interstate and Defense Highways” because of the Act of October 15, 1990 (Public Law 101–427, 104 Stat. 927).
In subsection (a)(1), before clause (A), the text of 49 App.:2316(f) is omitted as obsolete. The word “prescribe” is substituted for “establish, maintain” for consistency in the revised title and with other titles of the United States Code. The words “a commercial motor vehicle operating on” are added for clarity.
In subsection (b), the words “or energy conservation” are added for consistency with section 31111(d) of the revised title and because of the reference to “efficient operation”.
In subsection (e)(4)(C), the word “amendment” is substituted for “revision” for consistency in the revised title.
§31114. Access to the Interstate System
(a)
(1) the Dwight D. Eisenhower System of Interstate and Defense Highways (except a segment exempted under section 31111(f) or 31113(e) of this title) and other qualifying Federal-aid Primary System highways designated by the Secretary of Transportation; and
(2) terminals, facilities for food, fuel, repairs, and rest, and points of loading and unloading for household goods carriers, motor carriers of passengers, or any truck tractor-semitrailer combination in which the semitrailer has a length of not more than 28.5 feet and that generally operates as part of a vehicle combination described in section 31111(c) of this title.
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 999.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31114(a) | 49 App.:2312(a). | Jan. 6, 1983, Pub. L. 97–424, §412, 96 Stat. 2160; Oct. 30, 1984, Pub. L. 98–554, §§104(c), 106, 98 Stat. 2831, 2832; Dec. 18, 1991, Pub. L. 102–240, §4006(b)(2), 105 Stat. 2151. |
| 31114(b) | 49 App.:2312(b). |
In subsection (a), the words “Dwight D. Eisenhower System of Interstate and Defense Highways” are substituted for “Interstate and Defense Highway System” for consistency in the revised chapter.
§31115. Enforcement
On the request of the Secretary of Transportation, the Attorney General shall bring a civil action for appropriate injunctive relief to ensure compliance with this subchapter or subchapter I of this chapter. The action may be brought in a district court of the United States in any State in which the relief is required. On a proper showing, the court shall issue a temporary restraining order or preliminary or permanent injunction. An injunction under this section may order a State or person to comply with this subchapter, subchapter I, or a regulation prescribed under this subchapter or subchapter I.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 999.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31115 | 49 App.:2313. | Jan. 6, 1983, Pub. L. 97–424, §413, 96 Stat. 2160; Oct. 30, 1984, Pub. L. 98–554, §214, 98 Stat. 2844. |
The words “to assure compliance with the terms of this chapter” and “In any action under this section” are omitted as surplus. The last sentence is substituted for 49 App.:2313 (last sentence) for clarity and to eliminate unnecessary words.
SUBCHAPTER III—SAFETY REGULATION
§31131. Purposes and findings
(a)
(1) to promote the safe operation of commercial motor vehicles;
(2) to minimize dangers to the health of operators of commercial motor vehicles and other employees whose employment directly affects motor carrier safety; and
(3) to ensure increased compliance with traffic laws and with the commercial motor vehicle safety and health regulations and standards prescribed and orders issued under this chapter.
(b)
(1) it is in the public interest to enhance commercial motor vehicle safety and thereby reduce highway fatalities, injuries, and property damage;
(2) improved, more uniform commercial motor vehicle safety measures and strengthened enforcement would reduce the number of fatalities and injuries and the level of property damage related to commercial motor vehicle operations;
(3) enhanced protection of the health of commercial motor vehicle operators is in the public interest; and
(4) interested State governments can provide valuable assistance to the United States Government in ensuring that commercial motor vehicle operations are conducted safely and healthfully.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 999.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31131(a) | 49 App.:2501. | Oct. 30, 1984, Pub. L. 98–554, §§202, 203, 98 Stat. 2832. |
| 31131(b) | 49 App.:2502. |
In subsection (a)(3), the words “this chapter” are substituted for “this Act” because title II of the Act of October 30, 1984 (Public Law 98–554, 98 Stat. 2832), amended and enacted provisions restated in this chapter.
Traffic Law Initiative
Pub. L. 106–159, title II, §220, Dec. 9, 1999, 113 Stat. 1769, provided that:
“(a)
“(b)
§31132. Definitions
In this subchapter—
(1) “commercial motor vehicle” means a self-propelled or towed vehicle used on the highways in interstate commerce to transport passengers or property, if the vehicle—
(A) has a gross vehicle weight rating or gross vehicle weight of at least 10,001 pounds, whichever is greater;
(B) is designed or used to transport more than 8 passengers (including the driver) for compensation;
(C) is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or
(D) is used in transporting material found by the Secretary of Transportation to be hazardous under section 5103 of this title and transported in a quantity requiring placarding under regulations prescribed by the Secretary under section 5103.
(2) “employee” means an operator of a commercial motor vehicle (including an independent contractor when operating a commercial motor vehicle), a mechanic, a freight handler, or an individual not an employer, who—
(A) directly affects commercial motor vehicle safety in the course of employment; and
(B) is not an employee of the United States Government, a State, or a political subdivision of a State acting in the course of the employment by the Government, a State, or a political subdivision of a State.
(3) “employer”—
(A) means a person engaged in a business affecting interstate commerce that owns or leases a commercial motor vehicle in connection with that business, or assigns an employee to operate it; but
(B) does not include the Government, a State, or a political subdivision of a State.
(4) “interstate commerce” means trade, traffic, or transportation in the United States between a place in a State and—
(A) a place outside that State (including a place outside the United States); or
(B) another place in the same State through another State or through a place outside the United States.
(5) “intrastate commerce” means trade, traffic, or transportation in a State that is not interstate commerce.
(6) “medical examiner” means an individual licensed, certified, or registered in accordance with regulations issued by the Federal Motor Carrier Safety Administration as a medical examiner.
(7) “regulation” includes a standard or order.
(8) “State” means a State of the United States, the District of Columbia, and, in sections 31136 and 31140–31142 1 of this title, a political subdivision of a State.
(9) “State law” includes a law enacted by a political subdivision of a State.
(10) “State regulation” includes a regulation prescribed by a political subdivision of a State.
(11) “United States” means the States of the United States and the District of Columbia.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1000; Pub. L. 104–88, title I, §104(f), Dec. 29, 1995, 109 Stat. 919; Pub. L. 105–178, title IV, §4008(a), June 9, 1998, 112 Stat. 404; Pub. L. 109–59, title IV, §4116(c), Aug. 10, 2005, 119 Stat. 1728.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31132 | 49 App.:2503. | Oct. 30, 1984, Pub. L. 98–554, §204, 98 Stat. 2833. |
The text of 49 App.:2503(6) is omitted as unnecessary because of 1:1. The text of 49 App.:2503(8) is omitted as surplus because the complete name of the Commercial Motor Vehicle Safety Regulatory Review Panel is used the first time the term appears in a section. The text of 49 App.:2503(9) is omitted as surplus because the complete name of the Secretary of Transportation is used the first time the term appears in a section.
References in Text
Section 31140 of this title, referred to in par. (8), was repealed by Pub. L. 105–178, title IV, §4008(d), June 9, 1998, 112 Stat. 404.
Amendments
2005—Pars. (6) to (11). Pub. L. 109–59 added par. (6) and redesignated former pars. (6) to (10) as (7) to (11), respectively.
1998—Par. (1)(A). Pub. L. 105–178, §4008(a)(1), inserted “or gross vehicle weight” after “rating” and “, whichever is greater” after “pounds”.
Par. (1)(B). Pub. L. 105–178, §4008(a)(2), which directed substitution of “more than 8 passengers (including the driver) for compensation;” for “passengers” and all that follows through semicolon at end, was executed by making the substitution for “passengers for compensation, but excluding vehicles providing taxicab service and having a capacity of not more than 6 passengers and not operated on a regular route or between specified places;” to reflect the probable intent of Congress.
1995—Par. (1)(B) to (D). Pub. L. 104–88 added subpars. (B) and (C), redesignated former subpar. (C) as (D), and struck out former subpar. (B) which read as follows: “is designed to transport more than 15 passengers including the driver; or”.
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 701 of this title.
1 See References in Text note below.
§31133. General powers of the Secretary of Transportation
(a)
(1) conduct and make contracts for inspections and investigations;
(2) compile statistics;
(3) make reports;
(4) issue subpenas;
(5) require production of records and property;
(6) take depositions;
(7) hold hearings;
(8) prescribe recordkeeping and reporting requirements;
(9) conduct or make contracts for studies, development, testing, evaluation, and training; and
(10) perform other acts the Secretary considers appropriate.
(b)
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1001; Pub. L. 105–178, title IV, §4006(a), June 9, 1998, 112 Stat. 401.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31133(a) | 49 App.:2510(a), (b) (1st sentence). | Oct. 30, 1984, Pub. L. 98–554, §211, 98 Stat. 2841. |
| 31133(b) | 49 App.:2510(c). | |
| 31133(c) | 49 App.:2510(b) (last sentence). |
In subsection (a), the words before clause (1) are substituted for “In carrying out the Secretary's functions under this chapter, the Secretary is authorized to” and “to carry out the provisions of this chapter, or regulations issued pursuant to section 2302 of this Appendix” to eliminate unnecessary words. Clause (10) is substituted for “perform such acts . . . as the Secretary determines necessary”. The text of 49 App.:2510(a) is omitted as covered by 49 App.:2510(b) (1st sentence).
In subsection (b), the words “In conducting inspections and investigations” are substituted for “To carry out the Secretary's inspection and investigation functions” to eliminate unnecessary words. The words “or the Secretary's agent” are omitted as unnecessary.
Amendments
1998—Subsec. (a)(1). Pub. L. 105–178 inserted “and make contracts for” after “conduct”.
Border Staffing Standards
Pub. L. 106–159, title II, §218, Dec. 9, 1999, 113 Stat. 1767, provided that:
“(a)
“(b)
“(c)
“(d)
“(1)
“(2)
“(3)
[§31134. Repealed. Pub. L. 105–178, title IV, §4008(c), June 9, 1998, 112 Stat. 404]
Section, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1001; Pub. L. 104–287, §5(9), Oct. 11, 1996, 110 Stat. 3389, related to Commercial Motor Vehicle Safety Regulatory Review Panel.
§31135. Duties of employers and employees
(a)
(b)
(c)
(d)
(1)
(2)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1003; Pub. L. 109–59, title IV, §4113(a), Aug. 10, 2005, 119 Stat. 1724.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31135 | 49 App.:2504. | Oct. 30, 1984, Pub. L. 98–554, §205, 98 Stat. 2834. |
References in Text
The date of enactment of this subsection, referred to in subsec. (c), is the date of enactment of Pub. L. 109–59, which was approved Aug. 10, 2005.
Amendments
2005—Pub. L. 109–59 designated existing provisions as subsec. (a), inserted heading, and added subsecs. (b) to (d).
§31136. United States Government regulations
(a)
(1) commercial motor vehicles are maintained, equipped, loaded, and operated safely;
(2) the responsibilities imposed on operators of commercial motor vehicles do not impair their ability to operate the vehicles safely;
(3) the physical condition of operators of commercial motor vehicles is adequate to enable them to operate the vehicles safely and the periodic physical examinations required of such operators are performed by medical examiners who have received training in physical and medical examination standards and, after the national registry maintained by the Department of Transportation under section 31149(d) is established, are listed on such registry; and
(4) the operation of commercial motor vehicles does not have a deleterious effect on the physical condition of the operators.
(b)
(c)
(2) Before prescribing regulations under this section, the Secretary shall consider, to the extent practicable and consistent with the purposes of this chapter—
(A) costs and benefits; and
(B) State laws and regulations on commercial motor vehicle safety, to minimize their unnecessary preemption.
(d)
(e)
(f)
(A) exempt a person or commercial motor vehicle from a regulation related to commercial motor vehicle safety only because the operations of the person or vehicle are entirely in a municipality or commercial zone of a municipality; or
(B) waive application to a person or commercial motor vehicle of a regulation related to commercial motor vehicle safety only because the operations of the person or vehicle are entirely in a municipality or commercial zone of a municipality.
(2) If a person was authorized to operate a commercial motor vehicle in a municipality or commercial zone of a municipality in the United States for the entire period from November 19, 1987, through November 18, 1988, and if the person is otherwise qualified to operate a commercial motor vehicle, the person may operate a commercial motor vehicle entirely in a municipality or commercial zone of a municipality notwithstanding—
(A) paragraph (1) of this subsection;
(B) a minimum age requirement of the United States Government for operation of the vehicle; and
(C) a medical or physical condition that—
(i) would prevent an operator from operating a commercial motor vehicle under the commercial motor vehicle safety regulations in title 49, Code of Federal Regulations;
(ii) existed on July 1, 1988;
(iii) has not substantially worsened; and
(iv) does not involve alcohol or drug abuse.
(3) This subsection does not affect a State commercial motor vehicle safety law applicable to intrastate commerce.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1003; Pub. L. 104–59, title III, §344, Nov. 28, 1995, 109 Stat. 610; Pub. L. 104–287, §5(60), Oct. 11, 1996, 110 Stat. 3394; Pub. L. 105–178, title IV, §4007(c), June 9, 1998, 112 Stat. 403; Pub. L. 109–59, title IV, §4116(b), Aug. 10, 2005, 119 Stat. 1728.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31136(a) | 49 App.:2505(a), (g). | Oct. 30, 1984, Pub. L. 98–554, §206(a)–(g), 98 Stat. 2834. |
| 31136(b) | 49 App.:2505(b). | |
| 31136(c) | 49 App.:2505(c). | |
| 31136(d) | 49 App.:2505(d), (e). | |
| 31136(e) | 49 App.:2505(f). | |
| 31136(f) | 49 App.:2505(h). | Oct. 30, 1984, Pub. L. 98–554, §206(h), 98 Stat. 2835; restated Nov. 18, 1988, Pub. L. 100–690, §9102(a), 102 Stat. 4528. |
In subsection (a), the text of 49 App.:2505(g) is omitted because 5:ch. 7 applies unless otherwise stated. Before clause (1), the words “Not later than 18 months after October 30, 1984” are omitted because the time period specified has expired. The words “Subject to section 30103(a) of this title” are added to alert the reader to that section.
In subsection (c)(1), the words “except that the time periods specified in this subsection shall apply to the issuance of such regulations” are omitted because the time periods referred to do not appear in subsection (c) as enacted. The reference was probably to the time periods in a prior version of subsection (c). See S. 2174, 98th Cong., 2d Sess., §6(b) (as reported by the Committee on Commerce, Science, and Transportation of the Senate on May 2, 1984, in S. Rept. 98–424).
In subsection (d), the text of 49 App.:2505(d) is omitted as obsolete.
In subsection (f)(2)(C)(i), the words “an operator” are substituted for “such person” because only a natural person can have a medical or physical condition.
Amendments
2005—Subsec. (a)(3). Pub. L. 109–59 amended par. (3) generally. Prior to amendment, par. (3) read as follows: “the physical condition of operators of commercial motor vehicles is adequate to enable them to operate the vehicles safely; and”.
1998—Subsec. (e). Pub. L. 105–178 amended heading and text of subsec. (e) generally. Prior to amendment, subsec. (e) consisted of pars. (1) to (3) relating to waivers.
1996—Subsec. (e)(2)(A), (J), (3). Pub. L. 104–287 substituted “November 28, 1995” for “the date of the enactment of this paragraph”.
1995—Subsec. (e)(1) to (3). Pub. L. 104–59 designated existing text as par. (1) and inserted heading, and added pars. (2) and (3).
Hours of Service Rules for Operators Providing Transportation to Movie Production Sites
Pub. L. 109–59, title IV, §4133, Aug. 10, 2005, 119 Stat. 1744, provided that: “Notwithstanding sections 31136 and 31502 of title 49, United States Code, and any other provision of law, the maximum daily hours of service for an operator of a commercial motor vehicle providing transportation of property or passengers to or from a theatrical or television motion picture production site located within a 100 air mile radius of the work reporting location of such operator shall be those in effect under the regulations in effect under such sections on April 27, 2003.”
Interstate Van Operations
Pub. L. 109–59, title IV, §4136, Aug. 10, 2005, 119 Stat. 1745, provided that: “The Federal motor carrier safety regulations that apply to interstate operations of commercial motor vehicles designed to transport between 9 and 15 passengers (including the driver) shall apply to all interstate operations of such carriers regardless of the distance traveled.”
Authority To Promulgate Safety Standards for Retrofitting
Pub. L. 106–159, title I, §101(f), Dec. 9, 1999, 113 Stat. 1752, provided that: “The authority under title 49, United States Code, to promulgate safety standards for commercial motor vehicles and equipment subsequent to initial manufacture is vested in the Secretary and may be delegated.”
Certain Exemptions
Pub. L. 106–159, title II, §229, as added and amended by Pub. L. 109–59, title IV, §§4115(a), (c), 4130–4132, 4147, Aug. 10, 2005, 119 Stat. 1726, 1743, 1744, 1749, provided that:
“(a)
“(1)
“(2)
“(3)
“(4)
“(A)
“(B)
“(5)
“(b)
“(c)
“(d)
“(e)
“(1) 7
“(2) 24-
“(3)
“(4)
“(5)
“(6)
“(A) used in the furtherance of repairing, maintaining, or operating any structures or any other physical facilities necessary for the delivery of public utility services, including the furnishing of electric, gas, water, sanitary sewer, telephone, and television cable or community antenna service;
“(B) while engaged in any activity necessarily related to the ultimate delivery of such public utility services to consumers, including travel or movement to, from, upon, or between activity sites (including occasional travel or movement outside the service area necessitated by any utility emergency as determined by the utility provider); and
“(C) except for any occasional emergency use, operated primarily within the service area of a utility's subscribers or consumers, without regard to whether the vehicle is owned, leased, or rented by the utility.
“(7)
“(8)
“(f)
“(1)
“(2)
Protection of Existing Exemptions
Pub. L. 105–178, title IV, §4007(d), June 9, 1998, 112 Stat. 404, provided that: “The amendments made by this section [amending this section and section 31315 of this title] shall not apply to or otherwise affect a waiver, exemption, or pilot program in effect on the day before the date of enactment of this Act [June 9, 1998] under chapter 313 or section 31136(e) of title 49, United States Code.”
Application of Regulations to Certain Commercial Motor Vehicles
Pub. L. 105–178, title IV, §4008(b), June 9, 1998, 112 Stat. 404, provided that: “Effective on the last day of the 1-year period beginning on the date of enactment of this Act [June 9, 1998], regulations prescribed under section 31136 of title 49, United States Code, shall apply to operators of commercial motor vehicles described in section 31132(1)(B) of such title (as amended by subsection (a)) to the extent that those regulations did not apply to those operators on the day before such effective date, except to the extent that the Secretary determines, through a rulemaking proceeding, that it is appropriate to exempt such operators of commercial motor vehicles from the application of those regulations.”
Improved Interstate School Bus Safety
Pub. L. 105–178, title IV, §4024, June 9, 1998, 112 Stat. 416, as amended by Pub. L. 107–110, title X, §1076(ii), Jan. 8, 2002, 115 Stat. 2094, provided that: “Not later than 6 months after the date of enactment of this Act [June 9, 1998], the Secretary shall initiate a rulemaking proceeding to determine whether or not relevant commercial motor carrier safety regulations issued under section 31136 of title 49, United States Code, should apply to all interstate school transportation operations by local educational agencies (as defined in section 9101 of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 7801]).”
Federal Highway Administration Rulemaking
Pub. L. 104–88, title IV, §408, Dec. 29, 1995, 109 Stat. 958, provided that:
“(a)
“(b)
Exemptions From Requirements Relating to Commercial Motor Vehicles and Their Operators
Pub. L. 104–59, title III, §345, Nov. 28, 1995, 109 Stat. 613, which related to exemption from certain regulatory or statutory requirements for transportation of agricultural commodities and farm supplies, transportation and operation of ground water well drilling rigs, transportation of construction materials and equipment, utility service vehicles, and vehicles operated for snow or ice removal, was repealed by Pub. L. 109–59, title IV, §4115(d), Aug. 10, 2005, 119 Stat. 1726. The text of former section 345 of Pub. L. 104–59 was inserted as part of section 229 of Pub. L. 106–159, as added by section 4115(a) of Pub. L. 109–59, and is set out above.
Winter Home Heating Oil Delivery State Flexibility Program
Pub. L. 104–59, title III, §346, Nov. 28, 1995, 109 Stat. 615, as amended by Pub. L. 105–178, title I, §1211(j), June 9, 1998, 112 Stat. 192; Pub. L. 105–206, title IX, §9003(d)(3), July 22, 1998, 112 Stat. 839, provided that:
“(a)
“(b)
“(1) a substantial number of the citizens of the State rely on home heating oil for heat during winter months;
“(2) current maximum on-duty time regulations may endanger the welfare of these citizens by impeding timely deliveries of home heating oil;
“(3) the State will ensure an equal to or greater level of safety with respect to home heating oil deliveries than the level of safety resulting from compliance with the regulations referred to in subsection (a);
“(4) the State will monitor the safety of home heating oil deliveries while participating in the program;
“(5) employers of deliverers of home heating oil that will be covered by the program will agree to make all safety data developed from the pilot program available to the State and to the Secretary;
“(6) the State will only permit employers of deliverers of home heating oil with satisfactory safety records to be covered by the program; and
“(7) the State will comply with such other criteria as the Secretary determines are necessary to implement the program consistent with this section.
“(c)
“(d)
“(1) that the State has not complied with any of the criteria for participation in the program under this section;
“(2) that a State's participation in the program has caused a significant adverse impact on public safety and is not in the public interest; or
“(3) the existence of an emergency.
“(e)
“(1) permit a State to grant waivers of the regulations referred to in subsection (a) to motor carriers transporting home heating oil within the borders of the State, subject to such conditions as the Secretary may impose, if the Secretary determines that such waivers by the State meet the conditions in section 31136(e) of title 49, United States Code; or
“(2) amend the regulations referred to in subsection (a) as may be necessary to provide flexibility to motor carriers delivering home heating oil during winter periods of peak demand.
“(f)
§31137. Monitoring device and brake maintenance regulations
(a)
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1004.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31137(a) | 49 App.:2505 (note). | Nov. 18, 1988, Pub. L. 100–690, §9104(b), 102 Stat. 4529. |
| 31137(b) | 49 App.:2521. | Oct. 30, 1984, Pub. L. 98–554, 98 Stat. 2829, §231; added Nov. 18, 1988, Pub. L. 100–690, §9110, 102 Stat. 4531. |
In subsection (b), the text of 49 App.:2521(a) is omitted as executed.
§31138. Minimum financial responsibility for transporting passengers
(a)
(1) a place in another State;
(2) another place in the same State through a place outside of that State; or
(3) a place outside the United States.
(b)
(1) at least 16 passengers shall be at least $5,000,000; and
(2) not more than 15 passengers shall be at least $1,500,000.
(c)
(A) insurance, including high self-retention.
(B) a guarantee.
(C) a surety bond issued by a bonding company authorized to do business in the United States.
(2) A person domiciled in a country contiguous to the United States and providing transportation to which a minimum level of financial responsibility under this section applies shall have evidence of financial responsibility in the motor vehicle when the person is providing the transportation. If evidence of financial responsibility is not in the vehicle, the Secretary of Transportation and the Secretary of the Treasury shall deny entry of the vehicle into the United States.
(3) A motor carrier may obtain the required amount of financial responsibility from more than one source provided the cumulative amount is equal to the minimum requirements of this section.
(4)
(d)
(2) The Secretary of Transportation shall impose the penalty by written notice. In determining the amount of the penalty, the Secretary shall consider—
(A) the nature, circumstances, extent, and gravity of the violation;
(B) with respect to the violator, the degree of culpability, any history of prior violations, the ability to pay, and any effect on the ability to continue doing business; and
(C) other matters that justice requires.
(3) The Secretary of Transportation may compromise the penalty before referring the matter to the Attorney General for collection.
(4) The Attorney General shall bring a civil action in an appropriate district court of the United States to collect a penalty referred to the Attorney General for collection under this subsection.
(5) The amount of the penalty may be deducted from amounts the Government owes the person. An amount collected under this section shall be deposited in the Highway Trust Fund (other than the Mass Transit Account).
(e)
(1) transporting only school children and teachers to or from school;
(2) providing taxicab service (as defined in section 13102);
(3) carrying not more than 15 individuals in a single, daily round trip to and from work; or
(4) providing transportation service within a transit service area under an agreement with a Federal, State, or local government funded, in whole or in part, with a grant under section 5307, 5310, or 5311, including transportation designed and carried out to meet the special needs of elderly individuals and individuals with disabilities; except that, in any case in which the transit service area is located in more than 1 State, the minimum level of financial responsibility for such motor vehicle will be at least the highest level required for any of such States.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1005; Pub. L. 104–88, title I, §104(c), (d), Dec. 29, 1995, 109 Stat. 919; Pub. L. 107–298, §3(b)(2), Nov. 26, 2002, 116 Stat. 2343; Pub. L. 109–59, title IV, §§4120(a), 4121, Aug. 10, 2005, 119 Stat. 1733, 1734.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31138(a) | 49:10927 (note). | Sept. 20, 1982, Pub. L. 97–261, §18(a), 96 Stat. 1121. |
| 31138(b) | 49:10927 (note). | Sept. 20, 1982, Pub. L. 97–261, §18(b), (c), 96 Stat. 1121. |
| 31138(c) | 49:10927 (note). | Sept. 20, 1982, Pub. L. 97–261, §18(d), 96 Stat. 1121; Oct. 30, 1984, Pub. L. 98–554, §224, 98 Stat. 2847. |
| 31138(d) | 49:10927 (note). | Sept. 20, 1982, Pub. L. 97–261, §18(e), 96 Stat. 1122. |
| 31138(e) | 49:10927 (note). | Sept. 20, 1982, Pub. L. 97–261, §18(f), (g), 96 Stat. 1122. |
In subsection (b), before clause (1), the text of section 18(b)(1) (words beginning with “except”) and (2) (words beginning with “except”) and (c) of the Bus Regulatory Reform Act of 1982 (Public Law 97–261, 96 Stat. 1121) is omitted as expired. The word “minimal” is omitted as surplus.
In subsection (c)(1), the words “The Secretary shall establish, by regulation, methods and procedures to assure compliance with this section” are omitted as surplus.
In subsection (d)(4), the words “The Attorney General shall bring a civil action . . . to collect a penalty referred to the Attorney General for collection under this subsection” are substituted for “Such civil penalty may be recovered in an action brought by the Attorney General on behalf of the United States” for consistency in the revised title.
In subsection (d)(5), the words “when finally determined (or agreed upon in compromise)” are omitted as surplus.
In subsection (e), before clause (1), the text of section 18(g) of the Bus Regulatory Reform Act of 1982 (Public Law 97–261, 96 Stat. 1122) is omitted as unnecessary because of the restatement.
Amendments
2005—Subsec. (a). Pub. L. 109–59, §4120(a)(1), struck out “for compensation” after “passengers” and inserted “commercial” before “motor vehicle” in introductory provisions.
Subsec. (c)(4). Pub. L. 109–59, §4120(a)(2), added par. (4).
Subsec. (d)(5). Pub. L. 109–59, §4121, substituted “Highway Trust Fund (other than the Mass Transit Account)” for “Treasury as miscellaneous receipts”.
2002—Subsec. (e)(2). Pub. L. 107–298 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “providing taxicab service, having a seating capacity of not more than 6 passengers, and not being operated on a regular route or between specified places;”.
1995—Subsec. (c)(3). Pub. L. 104–88, §104(c), added par. (3).
Subsec. (e)(4). Pub. L. 104–88, §104(d), added par. (4).
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 701 of this title.
§31139. Minimum financial responsibility for transporting property
(a)
(1) “farm vehicle” means a vehicle—
(A) designed or adapted and used only for agriculture;
(B) operated by a motor private carrier (as defined in section 10102 of this title); and
(C) operated only incidentally on highways.
(2) “interstate commerce” includes transportation between a place in a State and a place outside the United States, to the extent the transportation is in the United States.
(3) “State” means a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.
(b)
(A) a place in another State;
(B) another place in the same State through a place outside of that State; or
(C) a place outside the United States.
(2) The level of financial responsibility established under paragraph (1) of this subsection shall be at least $750,000.
(c)
(d)
(A) hazardous material (as defined by the Secretary);
(B) oil or hazardous substances (as defined by the Administrator of the Environmental Protection Agency); or
(C) hazardous wastes (as defined by the Administrator).
(2)(A) Except as provided in subparagraph (B) of this paragraph, the level of financial responsibility established under paragraph (1) of this subsection shall be at least $5,000,000 for the transportation—
(i) of hazardous substances (as defined by the Administrator) in cargo tanks, portable tanks, or hopper-type vehicles, with capacities of more than 3,500 water gallons;
(ii) in bulk of class A explosives, poison gas, liquefied gas, or compressed gas; or
(iii) of large quantities of radioactive material.
(B) The Secretary of Transportation by regulation may reduce the minimum level in subparagraph (A) of this paragraph (to an amount not less than $1,000,000) for transportation described in subparagraph (A) in any of the territories of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands if—
(i) the chief executive officer of the territory requests the reduction;
(ii) the reduction will prevent a serious disruption in transportation service and will not adversely affect public safety; and
(iii) insurance of $5,000,000 is not readily available.
(3) The level of financial responsibility established under paragraph (1) of this subsection for the transportation of a material, oil, substance, or waste not subject to paragraph (2) of this subsection shall be at least $1,000,000. However, if the Secretary of Transportation finds it will not adversely affect public safety, the Secretary by regulation may reduce the amount for—
(A) a class of vehicles transporting such a material, oil, substance, or waste in intrastate commerce (except in bulk); and
(B) a farm vehicle transporting such a material or substance in interstate commerce (except in bulk).
(e)
(f)
(A) insurance.
(B) a guarantee.
(C) a surety bond issued by a bonding company authorized to do business in the United States.
(D) qualification as a self-insurer.
(2) A person domiciled in a country contiguous to the United States and providing transportation to which a minimum level of financial responsibility under this section applies shall have evidence of financial responsibility in the motor vehicle when the person is providing the transportation. If evidence of financial responsibility is not in the vehicle, the Secretary of Transportation and the Secretary of the Treasury shall deny entry of the vehicle into the United States.
(3) A motor carrier may obtain the required amount of financial responsibility from more than one source provided the cumulative amount is equal to the minimum requirements of this section.
(g)
(2) The Secretary of Transportation shall impose the penalty by written notice. In determining the amount of the penalty, the Secretary shall consider—
(A) the nature, circumstances, extent, and gravity of the violation;
(B) with respect to the violator, the degree of culpability, any history of prior violations, the ability to pay, and any effect on the ability to continue doing business; and
(C) other matters that justice requires.
(3) The Secretary of Transportation may compromise the penalty before referring the matter to the Attorney General for collection.
(4) The Attorney General shall bring a civil action in an appropriate district court of the United States to collect a penalty referred to the Attorney General for collection under this subsection.
(5) The amount of the penalty may be deducted from amounts the Government owes the person. An amount collected under this section shall be deposited in the Highway Trust Fund (other than the Mass Transit Account).
(h)
(1) class A or B explosives;
(2) poison gas; or
(3) a large quantity of radioactive material.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1006; Pub. L. 104–88, title I, §104(e), Dec. 29, 1995, 109 Stat. 919; Pub. L. 109–59, title IV, §§4120(b), 4121, Aug. 10, 2005, 119 Stat. 1733, 1734.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31139(a) | 49:10927 (note). | July 1, 1980, Pub. L. 96–296, §30(h), 94 Stat. 823; Jan. 6, 1983, Pub. L. 97–424, §406(c), 96 Stat. 2159; Oct. 30, 1984, Pub. L. 98–554, §222(b), 98 Stat. 2847; Nov. 18, 1988, Pub. L. 100–690, §9112, 102 Stat. 4534. |
| 31139(b) | 49:10927 (note). | July 1, 1980, Pub. L. 96–296, §30(a), 94 Stat. 820; Jan. 6, 1983, Pub. L. 97–424, §406(a), 96 Stat. 2158. |
| 31139(c) | 49:10927 (note). | July 1, 1980, Pub. L. 96–296, §30(b), 94 Stat. 821; Jan. 6, 1983, Pub. L. 97–424, §406(a), 96 Stat. 2158; Oct. 30, 1984, Pub. L. 98–554, §222(a), 98 Stat. 2846; Nov. 16, 1990, Pub. L. 101–615, §23, 104 Stat. 3272. |
| 31139(d) | 49:10927 (note). | July 1, 1980, Pub. L. 96–296, 94 Stat. 793, §30(g); added Nov. 18, 1988, Pub. L. 100–690, §9112, 102 Stat. 4534. |
| 31139(e) | 49:10927 (note). | July 1, 1980, Pub. L. 96–296, §30(c), 94 Stat. 822; Jan. 6, 1983, Pub. L. 97–424, §406(b), 96 Stat. 2158. |
| July 1, 1980, Pub. L. 96–296, §30(e), 94 Stat. 822. | ||
| 31139(f) | 49:10927 (note). | July 1, 1980, Pub. L. 96–296, §30(d), 94 Stat. 822. |
| 31139(g) | 49:10927 (note). | July 1, 1980, Pub. L. 96–296, §30(f), 94 Stat. 823; Jan. 6, 1983, Pub. L. 97–424, §406(d), 96 Stat. 2159. |
In subsection (a), before clause (1), the text of section 30(h)(3) of the Motor Carrier Act of 1980 (Public Law 96–296, 94 Stat. 823) is omitted as surplus because the complete name of the Secretary of Transportation is used the first time the term appears in a section. In clause (3), the words “(including its use in the terms ‘interstate’ and ‘intrastate’)” are omitted as surplus.
In subsections (b)(2) and (c)(2) and (3), the word “minimal” is omitted as surplus.
In subsection (b)(2), the words “for any vehicle” are omitted as surplus. The words beginning with “except” are omitted as expired. The text of section 30(a)(3) of the Act (Public Law 96–296, 94 Stat. 821) is omitted because the regulations have been issued. See 49 C.F.R. part 387.
In subsection (c)(2), the text of section 30(b)(2)(B) of the Act (Public Law 96–296, 94 Stat. 821) is omitted as expired.
In subsection (c)(3), before clause (A), the text of section 30(b)(3)(A) of the Act (Public Law 96–296, 94 Stat. 821) is omitted as expired. The text of section 30(b)(4) of the Act (Public Law 96–296, 94 Stat. 822) is omitted because the regulations have been issued. See 49 C.F.R. part 387. The words “for any vehicle . . . in interstate or intrastate commerce” are omitted as unnecessary because of the reference to paragraph (1).
In subsection (e)(1), the words “The Secretary shall establish, by regulation, methods and procedures to assure compliance with this section” are omitted as surplus. The text of section 30(e) of the Act (Public Law 96–296, 94 Stat. 822) is omitted as executed.
In subsection (f)(4), the words “The Attorney General shall bring a civil action . . . to collect a penalty referred to the Attorney General for collection under this subsection” are substituted for “Such civil penalty may be recovered in an action brought by the Attorney General on behalf of the United States” for consistency in the revised title.
In subsection (f)(5), the words “when finally determined (or agreed upon in compromise)” are omitted as surplus.
In subsection (g)(1) and (2), the words “any quantity of” are omitted as surplus.
Amendments
2005—Subsec. (b)(1). Pub. L. 109–59, §4120(b)(1), struck out “for compensation” after “property” and inserted “commercial” before “motor vehicle” in introductory provisions.
Subsecs. (c) to (f). Pub. L. 109–59, §4120(b)(2), (3), added subsec. (c) and redesignated former subsecs. (c) to (e) as (d) to (f), respectively. Former subsec. (f) redesignated (g).
Subsec. (g). Pub. L. 109–59, §4120(b)(2), redesignated subsec. (f) as (g). Former subsec. (g) redesignated (h).
Subsec. (g)(5). Pub. L. 109–59, §4121, which directed amendment of subsec. (f)(5) by substituting “Highway Trust Fund (other than the Mass Transit Account)” for “Treasury as miscellaneous receipts”, was executed to subsec. (g)(5) to reflect the probable intent of Congress and the redesignation of subsec. (f) as (g) by Pub. L. 109–59, §4120(b)(2). See above.
Subsec. (h). Pub. L. 109–59, §4120(b)(2), redesignated subsec. (g) as (h).
1995—Subsec. (e)(3). Pub. L. 104–88 added par. (3).
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 701 of this title.
[§31140. Repealed. Pub. L. 105–178, title IV, §4008(d), June 9, 1998, 112 Stat. 404]
Section, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1008, related to submission of State laws and regulations for review by Secretary of Transportation and Commercial Motor Vehicle Safety Regulatory Review Panel.
§31141. Review and preemption of State laws and regulations
(a)
(b)
(c)
(1)
(A) has the same effect as a regulation prescribed by the Secretary under section 31136;
(B) is less stringent than such regulation; or
(C) is additional to or more stringent than such regulation.
(2)
(3)
(4)
(A) the State law or regulation has no safety benefit;
(B) the State law or regulation is incompatible with the regulation prescribed by the Secretary; or
(C) enforcement of the State law or regulation would cause an unreasonable burden on interstate commerce.
(5)
(d)
(2) Before deciding whether to grant or deny a petition for a waiver under this subsection, the Secretary shall give the petitioner an opportunity for a hearing on the record.
(e)
(f)
(2) The court has jurisdiction to review the decision, grant, or denial and to grant appropriate relief, including interim relief, as provided in chapter 7 of title 5.
(3) A judgment of a court under this subsection may be reviewed only by the Supreme Court under section 1254 of title 28.
(4) The remedies provided for in this subsection are in addition to other remedies provided by law.
(g)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1008; Pub. L. 105–178, title IV, §4008(e), June 9, 1998, 112 Stat. 404.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31141(a) | 49 App.:2507(a). | Oct. 30, 1984, Pub. L. 98–554, §208(a)–(g), (i), 98 Stat. 2836, 2838. |
| 31141(b) | 49 App.:2507(b). | |
| 31141(c) | 49 App.:2507(c). | |
| 31141(d) | 49 App.:2507(d). | |
| 31141(e) | 49 App.:2507(e). | |
| 31141(f) | 49 App.:2507(f). | |
| 31141(g) | 49 App.:2507(g). | |
| 31141(h) | 49 App.:2507(h). | Oct. 30, 1984, Pub. L. 98–554, §208(h), 98 Stat. 2838; Nov. 18, 1988, Pub. L. 100–690, §9109, 102 Stat. 4530. |
| 49 App.:2507(i). |
In this section, language about whether a State law or regulation may be “in effect” is omitted as redundant to language about whether it may be “enforced”. The words “regulatory proceeding” are substituted for “rulemaking proceeding” for consistency in the revised title and because “rule” is synonymous with “regulation”.
In subsection (a), the words “with respect to commercial motor vehicles” are omitted as surplus.
In subsection (b)(1), the words “Not later than 18 months after October 30, 1984, and . . . thereafter” are omitted as obsolete.
In subsection (g)(1), the words “court of appeals of the United States for the District of Columbia Circuit” are substituted for “United States court of appeals for the District of Columbia” to be more precise.
In subsection (g)(2), the words “Upon the filing of a petition under paragraph (1) of this subsection” are omitted as surplus.
Subsection (g)(3) is substituted for 49 App.:2507(g)(3) for consistency in this part and to eliminate unnecessary words.
In subsection (h), the text of 49 App.:2507(h) and the words “After the last day of the 48-month period beginning on October 30, 1984” are omitted as obsolete.
Amendments
1998—Subsecs. (b), (c). Pub. L. 105–178, §4008(e)(1), added subsecs. (b) and (c) and struck out headings and text of former subsecs. (b) and (c) which related to analysis and decisions by Commercial Motor Vehicle Safety Regulatory Review Panel and to review and decisions by Secretary, respectively.
Subsecs. (e) to (h). Pub. L. 105–178, §4008(e)(2), (3), redesignated subsecs. (f) to (h) as (e) to (g), respectively, and struck out heading and text of former subsec. (e). Text read as follows: “The Secretary may consolidate regulatory proceedings under this section if the Secretary decides that the consolidation will not adversely affect a party to a proceeding.”
§31142. Inspection of vehicles
(a)
(b)
(c)
(A) prevent a State or voluntary group of States from imposing more stringent standards for use in their own periodic roadside inspection programs of commercial motor vehicles;
(B) prevent a State from enforcing a program for inspection of commercial motor vehicles that the Secretary decides is as effective as the Government standards prescribed under subsection (b) of this section;
(C) prevent a State from participating in the activities of a voluntary group of States enforcing a program for inspection of commercial motor vehicles; or
(D) require a State that is enforcing a program described in clause (B) or (C) of this paragraph to enforce a Government standard prescribed under subsection (b) of this section or to adopt a provision on inspection of commercial motor vehicles in addition to that program to comply with the Government standards.
(2) The Government standards prescribed under subsection (b) of this section shall preempt a program of a State described in paragraph (1)(C) of this subsection as the program applies to the inspection of commercial motor vehicles in that State. The State may not enforce the program if the Secretary—
(A) decides, after notice and an opportunity for a hearing, that the State is not enforcing the program in a way that achieves the objectives of this section; and
(B) after making a decision under clause (A) of this paragraph, provides the State with a 6-month period to improve the enforcement of the program to achieve the objectives of this section.
(d)
(e)
(f)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1010; Pub. L. 105–178, title IV, §4008(f), (g), June 9, 1998, 112 Stat. 405.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31142(a) | 49 App.:2509(a). | Oct. 30, 1984, Pub. L. 98–554, §210(a)–(f), 98 Stat. 2839. |
| 31142(b) | 49 App.:2509(b), (c). | |
| 31142(c) | 49 App.:2509(d). | |
| 31142(d) | 49 App.:2509(e). | |
| 31142(e) | 49 App.:2509(f). | |
| 31142(f) | 49 App.:2509(g). | Oct. 30, 1984, Pub. L. 98–554, 98 Stat. 2829, §210(g); added Nov. 16, 1990, Pub. L. 101–615, §24, 104 Stat. 3273. |
In this section, language about whether a State law or regulation may be “in effect” is omitted as redundant to language about whether it may be “enforced”.
In subsection (b), the words “shall prescribe regulations on” are substituted for “shall, by rule, establish” for consistency in the revised title and with other titles of the United States Code and because “rule” is synonymous with “regulation”. The words “For purposes of this chapter” are omitted as unnecessary. The text of 49 App.:2509(c) is omitted as executed.
In subsection (c)(1), before clause (A), the words “this subchapter and section 31102 of this title do not” are substituted for “nothing in section 2302 of this Appendix or section 2507 of this Appendix or any other provision of this chapter shall be construed as” to eliminate unnecessary words.
Amendments
1998—Subsec. (a). Pub. L. 105–178, §4008(f), substituted “the regulations issued under section 31136” for “part 393 of title 49, Code of Federal Regulations”.
Subsec. (c)(1)(C). Pub. L. 105–178, §4008(g), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “prevent a State from enforcing a program for inspection of commercial motor vehicles that meets the requirements for membership in the Commercial Vehicle Safety Alliance, as those requirements were in effect on October 30, 1984; or”.
§31143. Investigating complaints and protecting complainants
(a)
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1012.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31143(a) | 49 App.:2511(a). | Oct. 30, 1984, Pub. L. 98–554, §212, 98 Stat. 2841. |
| 31143(b) | 49 App.:2511(b). |
Telephone Hotline for Reporting Safety Violations
Pub. L. 105–178, title IV, §4017, June 9, 1998, 112 Stat. 413, as amended by Pub. L. 106–159, title II, §213, Dec. 9, 1999, 113 Stat. 1766, provided that:
“(a)
“(b)
“(c)
“(d)
“(1)
“(2)
“(e)
§31144. Safety fitness of owners and operators
(a)
(1) determine whether an owner or operator is fit to operate safely commercial motor vehicles, utilizing among other things the accident record of an owner or operator operating in interstate commerce and the accident record and safety inspection record of such owner or operator—
(A) in operations that affect interstate commerce within the United States; and
(B) in operations in Canada and Mexico if the owner or operator also conducts operations within the United States;
(2) periodically update such safety fitness determinations;
(3) make such final safety fitness determinations readily available to the public; and
(4) prescribe by regulation penalties for violations of this section consistent with section 521.
(b)
(1) Specific initial and continuing requirements with which an owner or operator must comply to demonstrate safety fitness.
(2) A methodology the Secretary will use to determine whether an owner or operator is fit.
(3) Specific time frames within which the Secretary will determine whether an owner or operator is fit.
(c)
(1)
(2)
(3)
(4)
(5)
(d)
(e)
(1)
(2)
(3)
(f)
(g)
(1)
(2)
(3)
(4)
(5)
(A)
(B)
(C)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1012; Pub. L. 104–88, title I, §104(g), Dec. 29, 1995, 109 Stat. 920; Pub. L. 105–178, title IV, §4009(a), June 9, 1998, 112 Stat. 405; Pub. L. 106–159, title II, §210(a), Dec. 9, 1999, 113 Stat. 1764; Pub. L. 109–59, title IV, §§4107(b), 4114, title VII, §7112(b), (c), Aug. 10, 2005, 119 Stat. 1720, 1725, 1899.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31144(a)(1) | 49 App.:2512(a), (b). | Oct. 30, 1984, Pub. L. 98–554, §215, 98 Stat. 2844. |
| 31144(a)(2) | 49 App.:2512(c). | |
| 31144(b) | 49 App.:2512(d). |
In subsection (a), the word “regulation” is substituted for “rule” for consistency in the revised title and because the terms are synonymous.
In subsection (a)(1), the words “after notice and opportunity for comment” are omitted as unnecessary because of 5:553. The text of 49 App.:2512(b) is omitted as executed.
Amendments
2005—Subsec. (a). Pub. L. 109–59, §4114(a), reenacted heading without change and amended text of subsec. (a) generally. Prior to amendment, text read as follows: “The Secretary shall—
“(1) determine whether an owner or operator is fit to operate safely commercial motor vehicles;
“(2) periodically update such safety fitness determinations;
“(3) make such final safety fitness determinations readily available to the public; and
“(4) prescribe by regulation penalties for violations of this section consistent with section 521.”
Subsec. (c). Pub. L. 109–59, §7112(c), which directed amendment of this section by redesignating the second subsec. (c), relating to safety reviews of new operators, as (f), could not be executed because of amendment by Pub. L. 109–59, §4107(b)(1). See below.
Pub. L. 109–59, §4107(b)(1), which directed amendment of section 31104 of this title by redesignating “the second subsection” as subsec. (f), was executed by redesignating the second subsec. (c) of this section, relating to safety reviews of new operators, as (f), to reflect the probable intent of Congress.
Subsec. (c)(1). Pub. L. 109–59, §7112(b)(1), substituted “section 521(b)(5)(A)” for “sections 521(b)(5)(A) and 5113”.
Subsec. (c)(3). Pub. L. 109–59, §7112(b)(2), inserted at end “A violation of this paragraph by an owner or operator transporting hazardous material shall be considered a violation of chapter 51, and shall be subject to the penalties in sections 5123 and 5124.”
Subsec. (c)(5). Pub. L. 109–59, §4114(b), added par. (5).
Subsecs. (d), (e). Pub. L. 109–59, §4114(c), added subsec. (d) and redesignated former subsec. (d) as (e). Former subsec. (e) redesignated (f).
Subsec. (f). Pub. L. 109–59, §7112(c), which directed amendment of this section by redesignating the second subsec. (c), relating to safety reviews of new operators, as (f), could not be executed because of amendment by Pub. L. 109–59, §4107(b)(1). See below.
Pub. L. 109–59, §4114(c)(1), redesignated subsec. (e) as (f).
Pub. L. 109–59, §4107(b)(1), which directed amendment of section 31104 of this title by redesignating “the second subsection” as subsec. (f), was executed by redesignating the second subsec. (c) of this section, relating to safety reviews of new operators, as (f), to reflect the probable intent of Congress.
Subsec. (f)(5). Pub. L. 109–59, §4107(b)(2), which directed amendment of this section by adding par. (5) “at the end of such subsection”, was executed by adding par. (5) at the end of subsec. (f), as redesignated by Pub. L. 109–59, §4107(b)(1), to reflect the probable intent of Congress. See above.
Subsec. (g). Pub. L. 109–59, §4114(c)(1), which directed amendment of this section by redesignating “the second subsection (c)” as (g), was executed by redesignating subsec. (f) as (g) to reflect the probable intent of Congress and the redesignation of the second subsec. (c) as (f) by Pub. L. 109–59, §4107(b)(1). See above.
1999—Subsec. (c). Pub. L. 106–159 added subsec. (c) relating to safety reviews of new operators.
1998—Pub. L. 105–178 reenacted section catchline without change and amended text generally, substituting, in subsec. (a), general provisions for provisions relating to procedure and, in subsec. (b), provisions relating to procedure for provisions relating to findings and action on registrations, and adding subsecs. (c) to (e).
1995—Subsec. (a)(1). Pub. L. 104–88, §104(g)(1)–(3), in first sentence substituted “The Secretary” for “In cooperation with the Interstate Commerce Commission, the Secretary” and “section 13902” for “sections 10922 and 10923” and in subpar. (C) struck out “and the Commission” after “Secretary”.
Subsec. (b). Pub. L. 104–88, §104(g)(4), added subsec. (b) and struck out former subsec. (b) which read as follows: “
“(1) find an applicant for authority to operate as a motor carrier unfit if the applicant does not meet the safety fitness requirements established under subsection (a) of this section; and
“(2) deny the application.”
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 701 of this title.
High Risk Carrier Compliance Reviews
Pub. L. 109–59, title IV, §4138, Aug. 10, 2005, 119 Stat. 1745, provided that: “From the funds authorized by section 31104(i) of title 49, United States Code, the Secretary [of Transportation] shall ensure that compliance reviews are completed on motor carriers that have demonstrated through performance data that they pose the highest safety risk. At a minimum, a compliance review shall be conducted whenever a motor carrier is rated as category A or B for 2 consecutive months.”
Minimum Requirements
Pub. L. 106–159, title II, §210(b), Dec. 9, 1999, 113 Stat. 1765, provided that: “The Secretary shall initiate a rulemaking to establish minimum requirements for applicant motor carriers, including foreign motor carriers, seeking Federal interstate operating authority to ensure applicant carriers are knowledgeable about applicable Federal motor carrier safety standards. As part of that rulemaking, the Secretary shall consider the establishment of a proficiency examination for applicant motor carriers as well as other requirements to ensure such applicants understand applicable safety regulations before being granted operating authority.”
§31145. Coordination of Governmental activities and paperwork
The Secretary of Transportation shall coordinate the activities of departments, agencies, and instrumentalities of the United States Government to ensure adequate protection of the safety and health of operators of commercial motor vehicles. The Secretary shall attempt to minimize paperwork burdens to ensure maximum coordination and to avoid overlap and the imposition of unreasonable burdens on persons subject to regulations under this subchapter.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1012.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31145 | 49 App.:2517(b). | Oct. 30, 1984, Pub. L. 98–554, §220(b), 98 Stat. 2846. |
§31146. Relationship to other laws
Except as provided in section 31136(b) of this title, this subchapter and the regulations prescribed under this subchapter do not affect chapter 51 of this title or a regulation prescribed under chapter 51.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1013.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31146 | 49 App.:2518. | Oct. 30, 1984, Pub. L. 98–554, §221, 98 Stat. 2846. |
§31147. Limitations on authority
(a)
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1013.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31147(a) | 49 App.:2519(a). | Oct. 30, 1984, Pub. L. 98–554, §229, 98 Stat. 2853. |
| 31147(b) | 49 App.:2519(b). |
In subsection (a), the word “prescribe” is substituted for “establish or maintain” for consistency in the revised title and with other titles of the United States Code.
§31148. Certified motor carrier safety auditors
(a)
(b)
(1) a motor carrier safety auditor certified under subsection (a); or
(2) a Federal or State employee who, on the date of the enactment of this section, was qualified to perform such an audit or review.
(c)
(d)
(e)
(Added Pub. L. 106–159, title II, §211(a), Dec. 9, 1999, 113 Stat. 1765.)
References in Text
The date of the enactment of this section, referred to in subsecs. (a) and (b)(2), is the date of enactment of Pub. L. 106–159, which was approved Dec. 9, 1999.
§31149. Medical program
(a)
(1)
(2)
(b)
(c)
(1)
(A) establish, review, and revise—
(i) medical standards for operators of commercial motor vehicles that will ensure that the physical condition of operators of commercial motor vehicles is adequate to enable them to operate the vehicles safely; and
(ii) requirements for periodic physical examinations of such operators performed by medical examiners who have, at a minimum, self-certified that they have completed training in physical and medical examination standards and are listed on a national registry maintained by the Department of Transportation;
(B) require each such operator to have a current valid medical certificate;
(C) conduct periodic reviews of a select number of medical examiners on the national registry to ensure that proper examinations of such operators are being conducted;
(D) develop, as appropriate, specific courses and materials for medical examiners listed in the national registry established under this section, and require those medical examiners to, at a minimum, self-certify that they have completed specific training, including refresher courses, to be listed in the registry;
(E) require medical examiners to transmit the name of the applicant and numerical identifier, as determined by the Administrator of the Federal Motor Carrier Safety Administration, for any completed medical examination report required under section 391.43 of title 49, Code of Federal Regulations, electronically to the chief medical examiner on monthly basis; and
(F) periodically review a representative sample of the medical examination reports associated with the name and numerical identifiers of applicants transmitted under subparagraph (E) for errors, omissions, or other indications of improper certification.
(2)
(d)
(1) shall establish and maintain a current national registry of medical examiners who are qualified to perform examinations and issue medical certificates;
(2) shall remove from the registry the name of any medical examiner that fails to meet or maintain the qualifications established by the Secretary for being listed in the registry or otherwise does not meet the requirements of this section or regulation issued under this section;
(3) shall accept as valid only medical certificates issued by persons on the national registry of medical examiners; and
(4) may make participation of medical examiners in the national registry voluntary if such a change will enhance the safety of operators of commercial motor vehicles.
(e)
(Added Pub. L. 109–59, title IV, §4116(a), Aug. 10, 2005, 119 Stat. 1726.)
Effective Date
Pub. L. 109–59, title IV, §4116(f), Aug. 10, 2005, 119 Stat. 1728, provided that: “The amendment made by subsection (a) [enacting this section] shall take effect on the 365th day following the date of enactment of this Act [Aug. 10, 2005].”
§31150. Safety performance history screening
(a)
(1) Commercial motor vehicle accident reports.
(2) Inspection reports that contain no driver-related safety violations.
(3) Serious driver-related safety violation inspection reports.
(b)
(1) ensure that any information that is released to such person will be in accordance with the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) and all other applicable Federal law;
(2) ensure that such person will not conduct a screening without the operator-applicant's written consent;
(3) ensure that any information that is released to such person will not be released to any person or entity, other than the motor carrier requesting the screening services or the operator-applicant, unless expressly authorized or required by law; and
(4) provide a procedure for the operator-applicant to correct inaccurate information in the System in a timely manner.
(c)
(d)
(Added Pub. L. 109–59, title IV, §4117(a), Aug. 10, 2005, 119 Stat. 1728.)
References in Text
The Fair Credit Reporting Act, referred to in subsec. (b)(1), is title VI of Pub. L. 90–321, as added by Pub. L. 91–508, title VI, §601, Oct. 26, 1970, 84 Stat. 1127, as amended, which is classified generally to subchapter III (§1681 et seq.) of chapter 41 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 15 and Tables.
§31151. Roadability
(a)
(1)
(2)
(3)
(A) a requirement to identify intermodal equipment providers responsible for the inspection and maintenance of intermodal equipment that is interchanged or intended for interchange to motor carriers in intermodal transportation;
(B) a requirement to match intermodal equipment readily to an intermodal equipment provider through a unique identifying number;
(C) a requirement that an intermodal equipment provider identified under subparagraph (A) systematically inspect, repair, and maintain, or cause to be systematically inspected, repaired, and maintained, intermodal equipment described in subparagraph (A) that is intended for interchange with a motor carrier;
(D) a requirement to ensure that each intermodal equipment provider identified under subparagraph (A) maintains a system of maintenance and repair records for such equipment;
(E) requirements that—
(i) a specific list of intermodal equipment components or items be identified for the visual or audible inspection of which a driver is responsible before operating the equipment over the road; and
(ii) the inspection under clause (i) be conducted as part of the Federal requirement in effect on the date of enactment of this Act that a driver be satisfied that the intermodal equipment components are in good working order before the equipment is operated over the road;
(F) a requirement that a facility at which an intermodal equipment provider regularly makes intermodal equipment available for interchange have an operational process and space readily available for a motor carrier to have an equipment defect identified pursuant to subparagraph (E) repaired or the equipment replaced prior to departure;
(G) a program for the evaluation and audit of compliance by intermodal equipment providers with applicable Federal motor carrier safety regulations;
(H) a civil penalty structure consistent with section 521(b) of title 49, United States Code, for intermodal equipment providers that fail to attain satisfactory compliance with applicable Federal motor carrier safety regulations; and
(I) a prohibition on intermodal equipment providers from placing intermodal equipment in service on the public highways to the extent such providers or their equipment are found to pose an imminent hazard;
(J) a process by which motor carriers and agents of motor carriers shall be able to request the Federal Motor Carrier Safety Administration to undertake an investigation of an intermodal equipment provider identified under subparagraph (A) that is alleged to be not in compliance with the regulations under this section;
(K) a process by which equipment providers and agents of equipment providers shall be able to request the Administration to undertake an investigation of a motor carrier that is alleged to be not in compliance with the regulations issued under this section;
(L) a process by which a driver or motor carrier transporting intermodal equipment is required to report to the intermodal equipment provider or the provider's designated agent any actual damage or defect in the intermodal equipment of which the driver or motor carrier is aware at the time the intermodal equipment is returned to the intermodal equipment provider or the provider's designated agent;
(M) a requirement that any actual damage or defect identified in the process established under subparagraph (L) be repaired before the equipment is made available for interchange to a motor carrier and that repairs of equipment made pursuant to the requirements of this subparagraph and reports made pursuant to the subparagraph (L) process be documented in the maintenance records for such equipment; and
(N) a procedure under which motor carriers, drivers and intermodal equipment providers may seek correction of their motor carrier safety records through the deletion from those records of violations of safety regulations attributable to deficiencies in the intermodal chassis or trailer for which they should not have been held responsible.
(4)
(b)
(c)
(d)
(e)
(1)
(2)
(A)
(B)
(C)
(i) it is submitted to the Secretary before the effective date of the amendment; and
(ii) the Secretary determines that the amendment would not cause the State requirement to be less effective than the Federal requirement and would not unduly burden interstate commerce.
(f)
(1)
(2)
(3)
(4)
(A) means the act of providing intermodal equipment to a motor carrier pursuant to an intermodal equipment interchange agreement for the purpose of transporting the equipment for loading or unloading by any person or repositioning the equipment for the benefit of the equipment provider; but
(B) does not include the leasing of equipment to a motor carrier for primary use in the motor carrier's freight hauling operations.
(Added Pub. L. 109–59, title IV, §4118(a), Aug. 10, 2005, 119 Stat. 1729.)
References in Text
The date of enactment of this section, referred to in subsec. (a)(1), (4), is the date of enactment of Pub. L. 109–59, which was approved Aug. 10, 2005.
The date of enactment of this Act, referred to in subsec. (a)(3)(E)(ii), probably means the date of enactment of Pub. L. 109–59, which enacted this section and which was approved Aug. 10, 2005.
SUBCHAPTER IV—MISCELLANEOUS
Prior Provisions
A prior subchapter IV consisted of sections 31161 and 31162, prior to repeal by Pub. L. 105–178, title IV, §4010, June 9, 1998, 112 Stat. 407.
§31161. International cooperation
The Secretary of Transportation is authorized to use funds made available by section 31104(i) to participate and cooperate in international activities to enhance motor carrier, commercial motor vehicle, driver, and highway safety by such means as exchanging information, conducting research, and examining needs, best practices, and new technology.
(Added Pub. L. 109–59, title IV, §4119(a), Aug. 10, 2005, 119 Stat. 1733.)
Prior Provisions
Prior sections 31161 and 31162 were repealed by Pub. L. 105–178, title IV, §4010, June 9, 1998, 112 Stat. 407.
Section 31161, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1013, related to procedures to ensure timely correction of safety violations.
Section 31162, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1014, related to compliance review priority.
CHAPTER 313—COMMERCIAL MOTOR VEHICLE OPERATORS
Amendments
2005—Pub. L. 109–59, title IV, §4124(b), Aug. 10, 2005, 119 Stat. 1738, added item 31313.
1999—Pub. L. 106–159, title II, §203(b), Dec. 9, 1999, 113 Stat. 1762, added item 31312.
1998—Pub. L. 105–178, title IV, §§4007(b), 4011(b)(2), (f), June 9, 1998, 112 Stat. 403, 407, 408, substituted “Commercial driver's license requirement” for “Limitation on the number of driver's licenses” in item 31302 and “Waivers, exemptions, and pilot programs” for “Waiver authority” in item 31315 and struck out items 31312 “Grants for testing and ensuring the fitness of operators of commercial motor vehicles” and 31313 “Grants for issuing commercial drivers’ licenses and complying with State participation requirements”.
§31301. Definitions
In this chapter—
(1) “alcohol” has the same meaning given the term “alcoholic beverage” in section 158(c) of title 23.
(2) “commerce” means trade, traffic, and transportation—
(A) in the jurisdiction of the United States between a place in a State and a place outside that State (including a place outside the United States); or
(B) in the United States that affects trade, traffic, and transportation described in subclause (A) of this clause.
(3) “commercial driver's license” means a license issued by a State to an individual authorizing the individual to operate a class of commercial motor vehicles.
(4) “commercial motor vehicle” means a motor vehicle used in commerce to transport passengers or property that—
(A) has a gross vehicle weight rating or gross vehicle weight of at least 26,001 pounds, whichever is greater, or a lesser gross vehicle weight rating or gross vehicle weight the Secretary of Transportation prescribes by regulation, but not less than a gross vehicle weight rating of 10,001 pounds;
(B) is designed to transport at least 16 passengers including the driver; or
(C) is used to transport material found by the Secretary to be hazardous under section 5103 of this title, except that a vehicle shall not be included as a commercial motor vehicle under this subclause if—
(i) the vehicle does not satisfy the weight requirements of subclause (A) of this clause;
(ii) the vehicle is transporting material listed as hazardous under section 306(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9656(a)) and is not otherwise regulated by the Secretary or is transporting a consumer commodity or limited quantity of hazardous material as defined in section 171.8 of title 49, Code of Federal Regulations; and
(iii) the Secretary does not deny the application of this exception to the vehicle (individually or as part of a class of motor vehicles) in the interest of safety.
(5) except in section 31306, “controlled substance” has the same meaning given that term in section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802).
(6) “driver's license” means a license issued by a State to an individual authorizing the individual to operate a motor vehicle on highways.
(7) “employee” means an operator of a commercial motor vehicle (including an independent contractor when operating a commercial motor vehicle) who is employed by an employer.
(8) “employer” means a person (including the United States Government, a State, or a political subdivision of a State) that owns or leases a commercial motor vehicle or assigns employees to operate a commercial motor vehicle.
(9) “felony” means an offense under a law of the United States or a State that is punishable by death or imprisonment for more than one year.
(10) “hazardous material” has the same meaning given that term in section 5102 of this title.
(11) “motor vehicle” means a vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used on public streets, roads, or highways, but does not include a vehicle, machine, tractor, trailer, or semitrailer operated only on a rail line or custom harvesting farm machinery.
(12) “serious traffic violation” means—
(A) excessive speeding, as defined by the Secretary by regulation;
(B) reckless driving, as defined under State or local law;
(C) a violation of a State or local law on motor vehicle traffic control (except a parking violation) and involving a fatality, other than a violation to which section 31310(b)(1)(E) or 31310(c)(1)(E) applies;
(D) driving a commercial motor vehicle when the individual has not obtained a commercial driver's license;
(E) driving a commercial motor vehicle when the individual does not have in his or her possession a commercial driver's license unless the individual provides, by the date that the individual must appear in court or pay any fine with respect to the citation, to the enforcement authority that issued the citation proof that the individual held a valid commercial driver's license on the date of the citation;
(F) driving a commercial motor vehicle when the individual has not met the minimum testing standards—
(i) under section 31305(a)(3) for the specific class of vehicle the individual is operating; or
(ii) under section 31305(a)(5) for the type of cargo the vehicle is carrying; and
(G) any other similar violation of a State or local law on motor vehicle traffic control (except a parking violation) that the Secretary designates by regulation as serious.
(13) “State” means a State of the United States and the District of Columbia.
(14) “United States” means the States of the United States and the District of Columbia.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1014; Pub. L. 105–178, title IV, §4011(a), June 9, 1998, 112 Stat. 407; Pub. L. 106–159, title II, §201(a)(3), (c), Dec. 9, 1999, 113 Stat. 1759, 1760.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31301(1) | 49 App.:2716(1), (13). | Oct. 27, 1986, Pub. L. 99–570, §12019(1)–(4), (6)–(15), 100 Stat. 3207–187, 3207–188. |
| 31301(2) | 49 App.:2716(3). | |
| 31301(3) | 49 App.:2716(4). | |
| 31301(4) | 49 App.:2716(6). | |
| 31301(5) | 49 App.:2716(7). | |
| 31301(6) | 49 App.:2716(2). | |
| 31301(7) | 49 App.:2716(8). | |
| 31301(8) | 49 App.:2716(9). | |
| 31301(9) | 49 App.:2716(10). | |
| 31301(10) | 49 App.:2716(11). | |
| 31301(11) | 49 App.:2716(5). | Oct. 27, 1986, Pub. L. 99–570, §12019(5), 100 Stat. 3207–188; Apr. 2, 1987, Pub. L. 100–17, §133(c)(2), 101 Stat. 172; Dec. 18, 1991, Pub. L. 102–240, §4010, 105 Stat. 2156. |
| 31301(12) | 49 App.:2716(12). | |
| 31301(13) | 49 App.:2716(14). | |
| 31301(14) | 49 App.:2716(15). |
In clause (1), the text of 49 App.:2716(13) is omitted as surplus because the complete name of the Secretary of Transportation is used the first time the term appears in a section.
In clause (4)(A), the words “at least 26,001 pounds” are substituted for “26,001 or more pounds”, and the word “prescribes” is substituted for “determines appropriate”, for consistency in the revised title.
In clause (4)(B), the words “at least 16 passengers” are substituted for “more than 15 passengers” for consistency.
Clause (4)(C)(i) is substituted for “and which has a gross vehicle weight rating of less than 26,001 pounds (or such gross vehicle weight rating as determined appropriate by the Secretary under subparagraph (A))” to eliminate unnecessary words. In subclause (iii), the words “deny the application of this exception” are substituted for “waive the application of the preceding sentence” for clarity and because of the restatement.
In clause (11), the words “public streets, roads, or” are added for consistency in the revised title.
In clause (12)(C), the words “involving a fatality” are substituted for “arising in connection with a fatal traffic accident” to eliminate unnecessary words.
Amendments
1999—Par. (12)(C). Pub. L. 106–159, §201(a)(3), inserted “, other than a violation to which section 31310(b)(1)(E) or 31310(c)(1)(E) applies” after “a fatality”.
Par. (12)(D) to (G). Pub. L. 106–159, §201(c), added subpars. (D) to (F) and redesignated former subpar. (D) as (G).
1998—Par. (4)(A). Pub. L. 105–178, §4011(a)(1), inserted “or gross vehicle weight” after “rating” first two places that term appears and “, whichever is greater,” after “26,001 pounds”.
Par. (4)(C)(ii). Pub. L. 105–178, §4011(a)(2), inserted “is” before “transporting” in two places and before “not otherwise regulated”.
Grant Program for Commercial Motor Vehicle Operators
Pub. L. 109–59, title IV, §4134, Aug. 10, 2005, 119 Stat. 1744, provided that:
“(a)
“(b)
“(c)
CDL Task Force
Pub. L. 109–59, title IV, §4135, Aug. 10, 2005, 119 Stat. 1744, provided that:
“(a)
“(1) State enforcement practices;
“(2) operational procedures to detect and deter fraud;
“(3) needed improvements for seamless information sharing between States;
“(4) effective methods for accurately sharing electronic data between States;
“(5) adequate proof of citizenship;
“(6) updated technology; and
“(7) timely notification from judicial bodies concerning traffic and criminal convictions of commercial driver's license holders.
“(b)
“(c)
“(d)
Exemptions From Requirements Relating to Commercial Motor Vehicles and Their Operators
For provisions relating to waiver of requirements of this chapter with respect to vehicles used for snow or ice removal, see section 229(a)(5) of Pub. L. 106–159, set out as a note under section 31136 of this title.
§31302. Commercial driver's license requirement
No individual shall operate a commercial motor vehicle without a valid commercial driver's license issued in accordance with section 31308. An individual operating a commercial motor vehicle may have only one driver's license at any time and may have only one learner's permit at any time.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1015; Pub. L. 105–178, title IV, §4011(b)(1), June 9, 1998, 112 Stat. 407; Pub. L. 109–59, title IV, §4122(1), Aug. 10, 2005, 119 Stat. 1734.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31302 | 49 App.:2701. | Oct. 27, 1986, Pub. L. 99–570, §12002, 100 Stat. 3207–170. |
The words “Effective July 1, 1987” are omitted as executed. The words after “issued a driver's license” are omitted as expired.
Amendments
2005—Pub. L. 109–59 inserted “and may have only one learner's permit at any time” before period at end.
1998—Pub. L. 105–178 amended section catchline and text generally. Prior to amendment, text read as follows: “An individual operating a commercial motor vehicle may have only one driver's license at any time, except during the 10-day period beginning on the date the individual is issued a driver's license.”
§31303. Notification requirements
(a)
(b)
(c)
(2) The Secretary of Transportation shall prescribe by regulation the period for which notice of previous employment must be given under paragraph (1) of this subsection. However, the period may not be less than the 10-year period ending on the date of the application.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1016.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31303 | 49 App.:2702. | Oct. 27, 1986, Pub. L. 99–570, §12003, 100 Stat. 3207–171. |
In this section, the words “Effective July 1, 1987” are omitted as executed.
In subsection (c)(1), the words “operates a commercial motor vehicle and” and “with an employer” are omitted as surplus.
§31304. Employer responsibilities
An employer may not knowingly allow an employee to operate a commercial motor vehicle in the United States during a period in which the employee—
(1) has a driver's license revoked, suspended, or canceled by a State, has lost the right to operate a commercial motor vehicle in a State, or has been disqualified from operating a commercial motor vehicle; or
(2) has more than one driver's license (except as allowed under section 31302 of this title).
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1016.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31304 | 49 App.:2703. | Oct. 27, 1986, Pub. L. 99–570, §12004, 100 Stat. 3207–171. |
In this section, before clause (1), the words “Effective July 1, 1987” are omitted as executed. The words “permit, or authorize” are omitted as surplus. Clause (2) is substituted for 49 App.:2703(2) to eliminate unnecessary words.
§31305. General driver fitness and testing
(a)
(1) shall prescribe minimum standards for written and driving tests of an individual operating a commercial motor vehicle;
(2) shall require an individual who operates or will operate a commercial motor vehicle to take a driving test in a vehicle representative of the type of vehicle the individual operates or will operate;
(3) shall prescribe minimum testing standards for the operation of a commercial motor vehicle and may prescribe different minimum testing standards for different classes of commercial motor vehicles;
(4) shall ensure that an individual taking the tests has a working knowledge of—
(A) regulations on the safe operation of a commercial motor vehicle prescribed by the Secretary and contained in title 49, Code of Federal Regulations; and
(B) safety systems of the vehicle;
(5) shall ensure that an individual who operates or will operate a commercial motor vehicle carrying a hazardous material—
(A) is qualified to operate the vehicle under regulations on motor vehicle transportation of hazardous material prescribed under chapter 51 of this title;
(B) has a working knowledge of—
(i) those regulations;
(ii) the handling of hazardous material;
(iii) the operation of emergency equipment used in response to emergencies arising out of the transportation of hazardous material; and
(iv) appropriate response procedures to follow in those emergencies; and
(C) is licensed by a State to operate the vehicle after having first been determined under section 5103a of this title as not posing a security risk warranting denial of the license.
(6) shall establish minimum scores for passing the tests;
(7) shall ensure that an individual taking the tests is qualified to operate a commercial motor vehicle under regulations prescribed by the Secretary and contained in title 49, Code of Federal Regulations, to the extent the regulations apply to the individual; and
(8) may require—
(A) issuance of a certification of fitness to operate a commercial motor vehicle to an individual passing the tests; and
(B) the individual to have a copy of the certification in the individual's possession when the individual is operating a commercial motor vehicle.
(b)
(2) The Secretary may prescribe regulations providing that an individual may operate a commercial motor vehicle for not more than 90 days if the individual—
(A) passes a driving test for operating a commercial motor vehicle that meets the minimum standards prescribed under subsection (a) of this section; and
(B) has a driver's license that is not suspended, revoked, or canceled.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1016; Pub. L. 106–159, title II, §201(d), Dec. 9, 1999, 113 Stat. 1760; Pub. L. 107–56, title X, §1012(b), Oct. 26, 2001, 115 Stat. 397.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31305(a) | 49 App.:2704(a). | Oct. 27, 1986, Pub. L. 99–570, §12005(a), (b), 100 Stat. 3207–171. |
| 31305(b) | 49 App.:2704(b). |
In this section, the word “Federal” is omitted as unnecessary.
In subsection (a), before clause (1), the words “Not later than July 15, 1988” are omitted as obsolete. In clause (3), the words “if the Secretary considers appropriate to carry out the objectives of this title” are omitted as unnecessary.
In subsection (b)(1), the words “taken and” are omitted as unnecessary. The text of 49 App.:2704(b)(3) is omitted as obsolete.
Amendments
2001—Subsec. (a)(5)(C). Pub. L. 107–56 added subpar. (C).
1999—Subsec. (b)(1). Pub. L. 106–159 struck out “to operate the vehicle” after “written and driving tests” and inserted “to operate the vehicle and has a commercial driver's license to operate the vehicle” before period at end.
Operation of Commercial Motor Vehicles by Individuals Who Use Insulin To Treat Diabetes Mellitus
Pub. L. 109–59, title IV, §4129, Aug. 10, 2005, 119 Stat. 1742, provided that:
“(a)
“(b)
“(c)
“(d)
CDL School Bus Endorsement
Pub. L. 106–159, title II, §214, Dec. 9, 1999, 113 Stat. 1766, provided that: “The Secretary shall conduct a rulemaking to establish a special commercial driver's license endorsement for drivers of school buses. The endorsement shall, at a minimum—
“(1) include a driving skills test in a school bus; and
“(2) address proper safety procedures for—
“(A) loading and unloading children;
“(B) using emergency exits; and
“(C) traversing highway rail grade crossings.”
Medical Certificate
Pub. L. 106–159, title II, §215, Dec. 9, 1999, 113 Stat. 1767, provided that: “The Secretary shall initiate a rulemaking to provide for a Federal medical qualification certificate to be made a part of commercial driver's licenses.”
Insulin Treated Diabetes Mellitus
Pub. L. 105–178, title IV, §4018, June 9, 1998, 112 Stat. 413, provided that:
“(a)
“(b)
“(1) consult with States that have developed and are implementing a screening process to identify individuals with insulin treated diabetes mellitus who may obtain waivers to drive commercial motor vehicles in intrastate commerce;
“(2) evaluate the Department's policy and actions to permit certain insulin treated diabetes mellitus individuals who meet selection criteria and who successfully comply with the approved monitoring protocol to operate in other modes of transportation;
“(3) assess the possible legal consequences of permitting insulin treated diabetes mellitus individuals to drive commercial motor vehicles in interstate commerce;
“(4) analyze available data on the safety performance of diabetic drivers of motor vehicles;
“(5) assess the relevance of intrastate driving and experiences of other modes of transportation to interstate commercial motor vehicle operations; and
“(6) consult with interested groups knowledgeable about diabetes and related issues.
“(c)
“(d)
Performance-Based CDL Testing
Pub. L. 105–178, title IV, §4019, June 9, 1998, 112 Stat. 414, provided that:
“(a)
“(b)
Driver Fatigue
Pub. L. 105–178, title IV, §4021, June 9, 1998, 112 Stat. 414, provided that:
“(a)
“(1)
“(2)
“(A) the degree to which the technology will be cost efficient;
“(B) the degree to which the technology can be effectively used in diverse climatic regions of the Nation; and
“(C) the degree to which the application of the technology will further emissions reductions, energy conservation, and other transportation goals.
“(3)
“(b)
§31306. Alcohol and controlled substances testing
(a)
(b)
(B) When the Secretary of Transportation considers it appropriate in the interest of safety, the Secretary may prescribe regulations for conducting periodic recurring testing of operators of commercial motor vehicles for the use of alcohol or a controlled substance in violation of law or a Government regulation.
(2) In prescribing regulations under this subsection, the Secretary of Transportation—
(A) shall require that post-accident testing of an operator of a commercial motor vehicle be conducted when loss of human life occurs in an accident involving a commercial motor vehicle; and
(B) may require that post-accident testing of such an operator be conducted when bodily injury or significant property damage occurs in any other serious accident involving a commercial motor vehicle.
(c)
(1) promote, to the maximum extent practicable, individual privacy in the collection of specimens;
(2) for laboratories and testing procedures for controlled substances, incorporate the Department of Health and Human Services scientific and technical guidelines dated April 11, 1988, and any amendments to those guidelines, including mandatory guidelines establishing—
(A) comprehensive standards for every aspect of laboratory controlled substances testing and laboratory procedures to be applied in carrying out this section, including standards requiring the use of the best available technology to ensure the complete reliability and accuracy of controlled substances tests and strict procedures governing the chain of custody of specimens collected for controlled substances testing;
(B) the minimum list of controlled substances for which individuals may be tested; and
(C) appropriate standards and procedures for periodic review of laboratories and criteria for certification and revocation of certification of laboratories to perform controlled substances testing in carrying out this section;
(3) require that a laboratory involved in testing under this section have the capability and facility, at the laboratory, of performing screening and confirmation tests;
(4) provide that any test indicating the use of alcohol or a controlled substance in violation of law or a Government regulation be confirmed by a scientifically recognized method of testing capable of providing quantitative information about alcohol or a controlled substance;
(5) provide that each specimen be subdivided, secured, and labeled in the presence of the tested individual and that a part of the specimen be retained in a secure manner to prevent the possibility of tampering, so that if the individual's confirmation test results are positive the individual has an opportunity to have the retained part tested by a 2d confirmation test done independently at another certified laboratory if the individual requests the 2d confirmation test not later than 3 days after being advised of the results of the first confirmation test;
(6) ensure appropriate safeguards for testing to detect and quantify alcohol in breath and body fluid samples, including urine and blood, through the development of regulations that may be necessary and in consultation with the Secretary of Health and Human Services;
(7) provide for the confidentiality of test results and medical information (except information about alcohol or a controlled substance) of employees, except that this clause does not prevent the use of test results for the orderly imposition of appropriate sanctions under this section; and
(8) ensure that employees are selected for tests by nondiscriminatory and impartial methods, so that no employee is harassed by being treated differently from other employees in similar circumstances.
(d)
(e)
(f)
(g)
(h)
(1) shall establish only requirements that are consistent with international obligations of the United States; and
(2) shall consider applicable laws and regulations of foreign countries.
(i)
(j)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1017; Pub. L. 104–59, title III, §342(c), Nov. 28, 1995, 109 Stat. 609.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31306(a) | 49 App.:2717(g). | Oct. 27, 1986, Pub. L. 99–570, 100 Stat. 3207–170, §12020; added Oct. 28, 1991, Pub. L. 102–143, §5(a)(1), 105 Stat. 959. |
| 31306(b)(1) | 49 App.:2717(a). | |
| 31306(b)(2) | 49 App.:2717(b)(1). | |
| 31306(c) | 49 App.:2717(d). | |
| 31306(d) | 49 App.:2717(b)(2). | |
| 31306(e) | 49 App.:2717(c). | |
| 31306(f) | 49 App.:2717(f)(2). | |
| 31306(g) | 49 App.:2717(e)(1). | |
| 31306(h) | 49 App.:2717(e)(3). | |
| 31306(i) | 49 App.:2717(e)(2). | |
| 31306(j) | 49 App.:2717(f)(1). |
In subsection (b)(2)(B), the words “may require” are substituted for “as determined by the Secretary” for clarity and to eliminate unnecessary words.
In subsection (c)(2), before subclause (A), the word “subsequent” is omitted as surplus.
In subsection (c)(3), the words “of any individual” are omitted as surplus.
In subsection (c)(4), the words “by any individual” are omitted as surplus.
In subsection (c)(5), the word “tested” is substituted for “assayed” for consistency. The words “2d confirmation test” are substituted for “independent test” for clarity and consistency.
In subsection (c)(6), the word “Secretary” is substituted for “Department” for consistency in the revised title and with other titles of the Code.
In subsection (d), the words “The Secretary of Transportation may provide” are substituted for “Nothing in subsection (a) of this section shall preclude the Secretary from providing” for clarity and to eliminate unnecessary words.
In subsection (g), the words “rule” and “ordinance” are omitted as being included in “law, regulation, standard, or order”. The words “whether the provisions apply specifically to commercial motor vehicle employees, or to the general public” are omitted as surplus.
Amendments
1995—Subsec. (b)(1)(A). Pub. L. 104–59 added subpar. (A) and struck out former subpar. (A) which read as follows: “In the interest of commercial motor vehicle safety, the Secretary of Transportation shall prescribe regulations not later than October 28, 1992, that establish a program requiring motor carriers to conduct preemployment, reasonable suspicion, random, and post-accident testing of operators of commercial motor vehicles for the use of alcohol or a controlled substance in violation of law or a United States Government regulation.”
Drug Test Results Study
Pub. L. 106–159, title II, §226, Dec. 9, 1999, 113 Stat. 1771, provided that:
“(a)
“(1) requiring medical review officers or employers to report all verified positive controlled substances test results on any driver subject to controlled substances testing under part 382 of title 49, Code of Federal Regulations, including the identity of each person tested and each controlled substance found, to the State that issued the driver's commercial driver's license; and
“(2) requiring all prospective employers, before hiring any driver, to query the State that issued the driver's commercial driver's license on whether the State has on record any verified positive controlled substances test on such driver.
“(b)
“(1) methods for safeguarding the confidentiality of verified positive controlled substances test results;
“(2) the costs, benefits, and safety impacts of requiring States to maintain records of verified positive controlled substances test results; and
“(3) whether a process should be established to allow drivers—
“(A) to correct errors in their records; and
“(B) to expunge information from their records after a reasonable period of time.
“(c)
Post-Accident Alcohol Testing
Pub. L. 105–178, title IV, §4020, June 9, 1998, 112 Stat. 414, provided that:
“(a)
“(b)
§31307. Minimum training requirements for operators of longer combination vehicles
(a)
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1020.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31307(a) | 49 App.:2302 (note). | Dec. 18, 1991, Pub. L. 102–240, §4007(f), 105 Stat. 2153. |
| 31307(b) | 49 App.:2302 (note). | Dec. 18, 1991, Pub. L. 102–240, §4007(b), 105 Stat. 2152. |
In subsection (a), the words “a vehicle consisting” are substituted for “any combination” for clarity. The words “Dwight D. Eisenhower System of Interstate and Defense Highways” are substituted for “National System of Interstate and Defense Highways” because of the Act of October 15, 1990 (Public Law 101–427, 104 Stat. 927).
In subsection (b), the words “Not later than 60 days after the date of the enactment of this Act, the Secretary shall initiate a rulemaking proceeding” are omitted as executed.
§31308. Commercial driver's license
After consultation with the States, the Secretary of Transportation shall prescribe regulations on minimum uniform standards for the issuance of commercial drivers’ licenses and learner's permits by the States and for information to be contained on each of the licenses and permits. The standards shall require at a minimum that—
(1) an individual issued a commercial driver's license pass written and driving tests for the operation of a commercial motor vehicle that comply with the minimum standards prescribed by the Secretary under section 31305(a) of this title;
(2) before a commercial driver's license learner's permit may be issued to an individual, the individual must pass a written test, that complies with the minimum standards prescribed by the Secretary under section 31305(a), on the operation of the commercial motor vehicle that the individual will be operating under the permit;
(3) the license or learner's permit be tamperproof to the maximum extent practicable and each license or learner's permit issued after January 1, 2001, include unique identifiers (which may include biometric identifiers) to minimize fraud and duplication; and
(4) the license or learner's permit contain—
(A) the name and address of the individual issued the license or learner's permit and a physical description of the individual;
(B) the social security account number or other number or information the Secretary decides is appropriate to identify the individual;
(C) the class or type of commercial motor vehicle the individual is authorized to operate under the license or learner's permit;
(D) the name of the State that issued the license or learner's permit; and
(E) the dates between which the license or learner's permit is valid.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1020; Pub. L. 105–178, title IV, §4011(c)(1), June 9, 1998, 112 Stat. 407; Pub. L. 109–59, title IV, §4122(2), Aug. 10, 2005, 119 Stat. 1734.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31308 | 49 App.:2705. | Oct. 27, 1986, Pub. L. 99–570, §12006, 100 Stat. 3207–175. |
The words “Not later than July 15, 1988” are omitted as obsolete.
Amendments
2005—Pub. L. 109–59, §4122(2)(B), substituted “the licenses and permits” for “the licenses” in introductory provisions.
Pub. L. 109–59, §4122(2)(A), which directed amendment of this section by inserting “and learner's permits” after “license” the first place it appeared, was executed by making the insertion after “licenses” the first place it appeared, to reflect the probable intent of Congress.
Par. (2). Pub. L. 109–59, §4122(2)(D), added par. (2). Former par. (2) redesignated (3).
Pars. (3), (4). Pub. L. 109–59, §4122(2)(C), (E), redesignated pars. (2) and (3) as (3) and (4), respectively, and inserted “or learner's permit” after “license” wherever appearing.
1998—Par. (2). Pub. L. 105–178 inserted before semicolon “and each license issued after January 1, 2001, include unique identifiers (which may include biometric identifiers) to minimize fraud and duplication”.
Deadline for Issuance of Regulations
Pub. L. 105–178, title IV, §4011(c)(2), June 9, 1998, 112 Stat. 407, provided that: “Not later than 180 days after the date of enactment of this Act [June 9, 1998], the Secretary [of Transportation] shall issue regulations to carry out the amendment made by paragraph (1) [amending this section].”
§31309. Commercial driver's license information system
(a)
(b)
(A) information the Secretary considers appropriate to ensure identification of the operator;
(B) the name, address, and physical description of the operator;
(C) the social security account number of the operator or other number or information the Secretary considers appropriate to identify the operator;
(D) the name of the State that issued the license or learner's permit to the operator;
(E) the dates between which the license or learner's permit is valid; and
(F) whether the operator had a commercial motor vehicle driver's license or learner's permit revoked, suspended, or canceled by a State, lost the right to operate a commercial motor vehicle in a State for any period, or has been disqualified from operating a commercial motor vehicle.
(2) The information system under this section must accommodate any unique identifiers required to minimize fraud or duplication of a commercial driver's license or learner's permit under section 31308(2).1
(c)
(d)
(e)
(1)
(A) complies with applicable Federal information technology security standards;
(B) provides for the electronic exchange of all information including the posting of convictions;
(C) contains self auditing features to ensure that data is being posted correctly and consistently by the States;
(D) integrates the commercial driver's license and the medical certificate; and
(E) provides a schedule for modernization of the system.
(2)
(3)
(4)
(A)
(B)
(i) Availability and cost of technology and equipment needed to comply with subparagraph (A).
(ii) Time necessary to install, and test the operation of, such technology and equipment.
(5)
(f)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1020; Pub. L. 105–178, title IV, §4011(d), June 9, 1998, 112 Stat. 407; Pub. L. 109–59, title IV, §§4122(2)(E), 4123(a), Aug. 10, 2005, 119 Stat. 1734.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31309(a) | 49 App.:2706(a). | Oct. 27, 1986, Pub. L. 99–570, §12007, 100 Stat. 3207–175. |
| 31309(b) | 49 App.:2706(b). | |
| 31309(c) | 49 App.:2706(c). | |
| 31309(d)(1) | 49 App.:2706(d). | |
| 31309(d)(2) | 49 App.:2706 (note). | Nov. 18, 1988, Pub. L. 100–690, §9105(a), 102 Stat. 4530. |
| 31309(e) | 49 App.:2706(e). | |
| 31309(f) | 49 App.:2706(f), (g). | |
| 49 App.:2706 (note). | Nov. 18, 1988, Pub. L. 100–690, §9105(b), 102 Stat. 4530. |
In subsection (a), the words “Not later than January 1, 1989” are omitted as obsolete. The words “shall consult with” are substituted for “consult” for clarity.
In subsection (b), the text of 49 App.:2706(b)(1) is omitted as executed. The words “utilizing such system” are omitted as surplus.
In subsection (f), the text of 49 App.:2706(g) and section 9105(b) of the Anti-Drug Abuse Act of 1988 (Public Law 100–690, 102 Stat. 4530) is omitted as obsolete.
References in Text
Par. (2) of section 31308, referred to in subsec. (b)(2), was redesignated par. (3) and a new par. (2) was added by Pub. L. 109–59, title IV, §4122(2)(C), (D), Aug. 10, 2005, 119 Stat. 1734.
The date of enactment of this subsection, referred to in subsec. (e)(1), is the date of enactment of Pub. L. 109–59, which was approved Aug. 10, 2005.
Amendments
2005—Subsec. (b)(1)(D) to (F), (2). Pub. L. 109–59, §4122(2)(E), inserted “or learner's permit” after “license”.
Subsecs. (e), (f). Pub. L. 109–59, §4123(a), added subsecs. (e) and (f).
1998—Subsec. (a). Pub. L. 105–178, §4011(d)(1), (2), substituted “maintain an information system” for “make an agreement under subsection (b) of this section for the operation of, or establish under subsection (c) of this section, an information system” and inserted “The system shall be coordinated with activities carried out under section 31106.” before “The Secretary shall consult”.
Subsec. (b). Pub. L. 105–178, §4011(d)(3), (8), redesignated subsec. (d) as (b) and struck out heading and text of former subsec. (b). Text read as follows: “If the Secretary decides that an information system used by a State or States about the driving status of operators of motor vehicles or another State-operated information system could be used to carry out this section, and the State or States agree to the use of the system for carrying out this section, the Secretary may make an agreement with the State or States to use the system as provided in this section and section 31311(c) of this title. An agreement made under this subsection shall contain terms the Secretary considers necessary to carry out this chapter.”
Subsec. (c). Pub. L. 105–178, §4011(d)(3), (8), redesignated subsec. (e) as (c) and struck out heading and text of former subsec. (c). Text read as follows: “If the Secretary does not make an agreement under subsection (b) of this section, the Secretary shall establish an information system about the driving status and licensing of operators of commercial motor vehicles as provided in this section.”
Subsec. (d). Pub. L. 105–178, §4011(d)(8), redesignated subsec. (f) as (d). Former subsec. (d) redesignated (b).
Subsec. (d)(2). Pub. L. 105–178, §4011(d)(4), added par. (2) and struck out former par. (2) which read as follows: “Not later than December 31, 1990, the Secretary shall prescribe regulations on minimum uniform standards for a biometric identification system to ensure the identification of operators of commercial motor vehicles.”
Subsec. (e). Pub. L. 105–178, §4011(d)(8), redesignated subsec. (e) as (c).
Pub. L. 105–178, §4011(d)(5), added subsec. (e) and struck out heading and text of former subsec. (e). Text read as follows:
“(1) On request of a State, the Secretary or the operator of the information system, as the case may be, may make available to the State information in the information system under this section.
“(2) On request of an employee, the Secretary or the operator of the information system, as the case may be, may make available to the employee information in the information system about the employee.
“(3) On request of an employer or prospective employer of an employee and after notification to the employee, the Secretary or the operator of the information system, as the case may be, may make available to the employer or prospective employer information in the information system about the employee.
“(4) On the request of the Secretary, the operator of the information system shall make available to the Secretary information about the driving status and licensing of operators of commercial motor vehicles (including information required by subsection (d)(1) of this section).”
Subsec. (f). Pub. L. 105–178, §4011(d)(8), redesignated subsec. (f) as (d).
Pub. L. 105–178, §4011(d)(6), (7), substituted “The Secretary may establish” for “If the Secretary establishes an information system under this section, the Secretary shall establish”.
Grants for Modernization of Commercial Driver's License Information Systems
Pub. L. 109–59, title IV, §4123(c)–(e), Aug. 10, 2005, 119 Stat. 1735, 1736, provided that:
“(c)
“(1)
“(2)
“(3)
“(4)
“(d)
“(1) $5,000,000 for fiscal year 2006;
“(2) $7,000,000 for fiscal year 2007;
“(3) $8,000,000 for fiscal year 2008; and
“(4) $8,000,000 for fiscal year 2009.
“(e)
“(1)
“(2)
“(3)
Improved Flow of Driver History Pilot Program
Pub. L. 105–178, title IV, §4022, June 9, 1998, 112 Stat. 415, provided that:
“(a)
“(1)
“(2)
“(A) determine to what extent driver performance records data, including relevant fines, penalties, and failures to appear for a hearing or trial, should be included as part of any information systems under the Department of Transportation's oversight;
“(B) assess the feasibility, costs, safety impact, pricing impact, and benefits of record exchanges; and
“(C) assess methods for the efficient exchange of driver safety data available from existing State information systems and sources.
“(3)
“(b)
1 See References in Text note below.
2 So in original. Probably should be “31313”.
§31310. Disqualifications
(a)
(b)
(A) committing a first violation of driving a commercial motor vehicle under the influence of alcohol or a controlled substance;
(B) committing a first violation of leaving the scene of an accident involving a commercial motor vehicle operated by the individual;
(C) using a commercial motor vehicle in committing a felony (except a felony described in subsection (d) of this section);
(D) committing a first violation of driving a commercial motor vehicle when the individual's commercial driver's license is revoked, suspended, or canceled based on the individual's operation of a commercial motor vehicle or when the individual is disqualified from operating a commercial motor vehicle based on the individual's operation of a commercial motor vehicle; or
(E) convicted of causing a fatality through negligent or criminal operation of a commercial motor vehicle.
(2) If the vehicle involved in a violation referred to in paragraph (1) of this subsection is transporting hazardous material required to be placarded under section 5103 of this title, the Secretary shall disqualify the individual for at least 3 years.
(c)
(A) committing more than one violation of driving a commercial motor vehicle under the influence of alcohol or a controlled substance;
(B) committing more than one violation of leaving the scene of an accident involving a commercial motor vehicle operated by the individual;
(C) using a commercial motor vehicle in committing more than one felony arising out of different criminal episodes;
(D) committing more than one violation of driving a commercial motor vehicle when the individual's commercial driver's license is revoked, suspended, or canceled based on the individual's operation of a commercial motor vehicle or when the individual is disqualified from operating a commercial motor vehicle based on the individual's operation of a commercial motor vehicle;
(E) convicted of more than one offense of causing a fatality through negligent or criminal operation of a commercial motor vehicle; or
(F) committing any combination of single violations or use described in subparagraphs (A) through (E).
(2) The Secretary may prescribe regulations establishing guidelines (including conditions) under which a disqualification for life under paragraph (1) of this subsection may be reduced to a period of not less than 10 years.
(d)
(e)
(2) The Secretary shall disqualify from operating a commercial motor vehicle for at least 120 days an individual who, in a 3-year period, commits 3 serious traffic violations involving a commercial motor vehicle operated by the individual.
(f)
(1)
(2)
(g)
(1)
(A) a serious offense involving a motor vehicle (other than a commercial motor vehicle) that has resulted in the revocation, cancellation, or suspension of the individual's license; or
(B) a drug or alcohol related offense involving a motor vehicle (other than a commercial motor vehicle).
(2)
(h)
(i)
(B) The Secretary shall prescribe regulations establishing and enforcing requirements for reporting out-of-service orders issued under regulations prescribed under subparagraph (A) of this paragraph. Regulations prescribed under this subparagraph shall require at least that an operator of a commercial motor vehicle who is issued an out-of-service order to report the issuance to the individual's employer and to the State that issued the operator a driver's license.
(2) The Secretary shall prescribe regulations establishing sanctions and penalties related to violations of out-of-service orders by individuals operating commercial motor vehicles. The regulations shall require at least that—
(A) an operator of a commercial motor vehicle found to have committed a first violation of an out-of-service order shall be disqualified from operating such a vehicle for at least 180 days and liable for a civil penalty of at least $2,500;
(B) an operator of a commercial motor vehicle found to have committed a 2d violation of an out-of-service order shall be disqualified from operating such a vehicle for at least 2 years and not more than 5 years and liable for a civil penalty of at least $5,000;
(C) an employer that knowingly allows or requires an employee to operate a commercial motor vehicle in violation of an out-of-service order shall be liable for a civil penalty of not more than $25,000; and
(D) an employer that knowingly and willfully allows or requires an employee to operate a commercial motor vehicle in violation of an out-of-service order shall, upon conviction, be subject for each offense to imprisonment for a term not to exceed one year or a fine under title 18, or both.
(j)
(1)
(2)
(A) the penalty for a single violation is not less than a 60-day disqualification of the driver's commercial driver's license; and
(B) any employer that knowingly allows, permits, authorizes, or requires an employee to operate a commercial motor vehicle in violation of such a law or regulation shall be subject to a civil penalty of not more than $10,000.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1022; Pub. L. 104–88, title IV, §403(a), Dec. 29, 1995, 109 Stat. 956; Pub. L. 106–159, title II, §201(a)(1), (2), (b), Dec. 9, 1999, 113 Stat. 1758, 1759; Pub. L. 109–59, title IV, §4102(b), Aug. 10, 2005, 119 Stat. 1715.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31310(a) | 49 App.:2707(f). | Oct. 27, 1986, Pub. L. 99–570, §12008, 100 Stat. 3207–177. |
| 31310(b) | 49 App.:2707(a)(1). | |
| 31310(c) | 49 App.:2707(a)(2). | |
| 31310(d) | 49 App.:2707(b). | |
| 31310(e) | 49 App.:2707(c). | |
| 31310(f) | 49 App.:2707(e). | |
| 31310(g)(1) | 49 App.:2707(d). | |
| 31310(g)(2) | 49 App.:2718. | Oct. 27, 1986, Pub. L. 99–570, 100 Stat. 3207–170, §12020; added Dec. 18, 1991, Pub. L. 102–240, §4009(a), 105 Stat. 2156. |
In subsection (a), the text of 49 App.:2707(f)(1)–(4) (words before 2d comma) is omitted as executed and obsolete. The words “and section 2708 of the Appendix” are omitted as surplus.
In subsection (b)(2), the words “involved in a violation” are substituted for “operated or used in connection with the violation or the commission of the felony” to eliminate unnecessary words. The words “by the Secretary” are omitted as surplus.
Subsection (c)(1)(D) is substituted for 49 App.:2707(a)(2)(A)(iv) for clarity and to eliminate unnecessary words.
In subsection (g)(1)(A), the words “Not later than 1 year after October 27, 1986” are omitted as obsolete.
In subsection (g)(2), before clause (A), the words “Not later than December 18, 1992, the Secretary shall prescribe regulations” are substituted for “The Secretary shall issue regulations” and 49 App.:2718(c) to eliminate executed words. The word “individuals” is substituted for “persons” for clarity and consistency in the revised title and with other titles of the United States Code. In clause (C), the words “permits, authorizes” are omitted as being included in “allows”.
References in Text
The date of the enactment of this Act, referred to in subsec. (g)(1), is the date of enactment of Pub. L. 106–159, which was approved Dec. 9, 1999.
Amendments
2005—Subsec. (i)(2). Pub. L. 109–59, §4102(b)(1), substituted “The Secretary” for “Not later than December 18, 1992, the Secretary” in introductory provisions.
Subsec. (i)(2)(A). Pub. L. 109–59, §4102(b)(2), substituted “180 days” for “90 days” and “$2,500” for “$1,000”.
Subsec. (i)(2)(B). Pub. L. 109–59, §4102(b)(3), substituted “2 years” for “one year” and “$5,000;” for “$1,000; and”.
Subsec. (i)(2)(C). Pub. L. 109–59, §4102(b)(4), substituted “$25,000; and” for “$10,000.”
Subsec. (i)(2)(D). Pub. L. 109–59, §4102(b)(5), added subpar. (D).
1999—Subsec. (b)(1)(D), (E). Pub. L. 106–159, §201(a)(1), added subpars. (D) and (E).
Subsec. (c)(1)(D), (E). Pub. L. 106–159, §201(a)(2)(A), (C), added subpars. (D) and (E). Former subpar. (D) redesignated (F).
Subsec. (c)(1)(F). Pub. L. 106–159, §201(a)(2)(B), (D), redesignated subpar. (D) as (F) and substituted “subparagraphs (A) through (E)” for “clauses (A)–(C) of this paragraph”.
Subsecs. (f), (g). Pub. L. 106–159, §201(b)(2), added subsecs. (f) and (g). Former subsecs. (f) and (g) redesignated (h) and (i), respectively.
Subsec. (h). Pub. L. 106–159, §201(b)(1), (3), redesignated subsec. (f) as (h) and substituted “(b) through (g)” for “(b)–(e)” in two places. Former subsec. (h) redesignated (j).
Subsecs. (i), (j). Pub. L. 106–159, §201(b)(1), redesignated subsecs. (g) and (h) as (i) and (j), respectively.
1995—Subsec. (h). Pub. L. 104–88 added subsec. (h).
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 701 of this title.
Regulations
Section 403(b) of Pub. L. 104–88 provided that: “The initial regulations required under section 31310(h) of title 49, United States Code, shall be issued not later than 1 year after the date of the enactment of this Act [Dec. 29, 1995].”
§31311. Requirements for State participation
(a)
(1) The State shall adopt and carry out a program for testing and ensuring the fitness of individuals to operate commercial motor vehicles consistent with the minimum standards prescribed by the Secretary of Transportation under section 31305(a) of this title.
(2) The State may issue a commercial driver's license to an individual only if the individual passes written and driving tests for the operation of a commercial motor vehicle that comply with the minimum standards.
(3) The State shall have in effect and enforce a law providing that an individual with a blood alcohol concentration level at or above the level established by section 31310(a) of this title when operating a commercial motor vehicle is deemed to be driving under the influence of alcohol.
(4) The State shall authorize an individual to operate a commercial motor vehicle only by issuing a commercial driver's license containing the information described in section 31308(3) of this title.1
(5) At least 60 days before issuing a commercial driver's license (or a shorter period the Secretary prescribes by regulation), the State shall notify the Secretary or the operator of the information system under section 31309 of this title, as the case may be, of the proposed issuance of the license and other information the Secretary may require to ensure identification of the individual applying for the license.
(6) Before issuing a commercial driver's license to an individual or renewing such a license, the State shall request from any other State that has issued a driver's license to the individual all information about the driving record of the individual.
(7) Not later than 30 days after issuing a commercial driver's license, the State shall notify the Secretary or the operator of the information system under section 31309 of this title, as the case may be, of the issuance.
(8) Not later than 10 days after disqualifying the holder of a commercial driver's license from operating a commercial motor vehicle (or after revoking, suspending, or canceling the license) for at least 60 days, the State shall notify the Secretary or the operator of the information system under section 31309 of this title, as the case may be, and the State that issued the license, of the disqualification, revocation, suspension, or cancellation, and the violation that resulted in the disqualification, revocation, suspension, or cancellation shall be recorded.
(9) If an individual violates a State or local law on motor vehicle traffic control (except a parking violation) and the individual—
(A) has a commercial driver's license issued by another State; or
(B) is operating a commercial vehicle without a commercial driver's license and has a driver's license issued by another State,
the State in which the violation occurred shall notify a State official designated by the issuing State of the violations not later than 10 days after the date the individual is found to have committed the violation.
(10)(A) The State may not issue a commercial driver's license to an individual during a period in which the individual is disqualified from operating a commercial motor vehicle or the individual's driver's license is revoked, suspended, or canceled.
(B) The State may not issue a special license or permit (including a provisional or temporary license) to an individual who holds a commercial driver's license that permits the individual to drive a commercial motor vehicle during a period in which—
(i) the individual is disqualified from operating a commercial motor vehicle; or
(ii) the individual's driver's license is revoked, suspended, or canceled.
(11) The State may issue a commercial driver's license to an individual who has a commercial driver's license issued by another State only if the individual first returns the driver's license issued by the other State.
(12) The State may issue a commercial driver's license only to an individual who operates or will operate a commercial motor vehicle and is domiciled in the State, except that, under regulations the Secretary shall prescribe, the State may issue a commercial driver's license to an individual who operates or will operate a commercial motor vehicle and is not domiciled in a State that issues commercial drivers’ licenses.
(13) The State shall impose penalties consistent with this chapter that the State considers appropriate and the Secretary approves for an individual operating a commercial motor vehicle.
(14) The State shall allow an individual to operate a commercial motor vehicle in the State if—
(A) the individual has a commercial driver's license issued by another State under the minimum standards prescribed by the Secretary under section 31305(a) of this title;
(B) the license is not revoked, suspended, or canceled; and
(C) the individual is not disqualified from operating a commercial motor vehicle.
(15) The State shall disqualify an individual from operating a commercial motor vehicle for the same reasons and time periods for which the Secretary shall disqualify the individual under subsections (b)–(e), (i)(1)(A) and (i)(2) of section 31310.
(16)(A) Before issuing a commercial driver's license to an individual, the State shall request the Secretary for information from the National Driver Register maintained under chapter 303 of this title (after the Secretary decides the Register is operational) on whether the individual—
(i) has been disqualified from operating a motor vehicle (except a commercial motor vehicle);
(ii) has had a license (except a license authorizing the individual to operate a commercial motor vehicle) revoked, suspended, or canceled for cause in the 3-year period ending on the date of application for the commercial driver's license; or
(iii) has been convicted of an offense specified in section 30304(a)(3) of this title.
(B) The State shall give full weight and consideration to that information in deciding whether to issue the individual a commercial driver's license.
(17) The State shall adopt and enforce regulations prescribed by the Secretary under as 2 31310(j) of this title.
(18) The State shall maintain, as part of its driver information system, a record of each violation of a State or local motor vehicle traffic control law while operating a motor vehicle (except a parking violation) for each individual who holds a commercial driver's license. The record shall be available upon request to the individual, the Secretary, employers, prospective employers, State licensing and law enforcement agencies, and their authorized agents.
(19) The State shall—
(A) record in the driving record of an individual who has a commercial driver's license issued by the State; and
(B) make available to all authorized persons and governmental entities having access to such record,
all information the State receives under paragraph (9) with respect to the individual and every violation by the individual involving a motor vehicle (including a commercial motor vehicle) of a State or local law on traffic control (except a parking violation), not later than 10 days after the date of receipt of such information or the date of such violation, as the case may be. The State may not allow information regarding such violations to be withheld or masked in any way from the record of an individual possessing a commercial driver's license.
(20) The State shall revoke, suspend, or cancel the commercial driver's license of an individual in accordance with regulations issued by the Secretary to carry out section 31310(g).
(21) By the date established by the Secretary under section 31309(e)(4), the State shall be operating a commercial driver's license information system that is compatible with the modernized commercial driver's license information system under section 31309.
(b)
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1023; Pub. L. 104–88, title IV, §403(c), Dec. 29, 1995, 109 Stat. 956; Pub. L. 105–178, title IV, §4011(e), June 9, 1998, 112 Stat. 408; Pub. L. 106–159, title II, §202, Dec. 9, 1999, 113 Stat. 1760; Pub. L. 109–59, title IV, §4123(b), Aug. 10, 2005, 119 Stat. 1735.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31311 | 49 App.:2708. | Oct. 27, 1986, Pub. L. 99–570, §12009, 100 Stat. 3207–179; Dec. 18, 1991, Pub. L. 102–240, §4009(b), 105 Stat. 2156. |
Subsection (a)(15) is substituted for 49 App.:2708(a)(15)–(19) for consistency with section 31310(b)–(e) of the revised title and to avoid repeating the language restated in section 31310(b)–(e).
In subsection (b), the words “in accordance with the requirements of such subsection” are omitted as surplus.
References in Text
Par. (3) of section 31308 of this title, referred to in subsec. (a)(4), was redesignated par. (4) by Pub. L. 109–59, title IV, §4122(2)(C), Aug. 10, 2005, 119 Stat. 1734.
Amendments
2005—Subsec. (a)(15). Pub. L. 109–59, §4123(b)(1), substituted “(i)(1)(A) and (i)(2)” for “(g)(1)(A), and (g)(2)”.
Subsec. (a)(17). Pub. L. 109–59, §4123(b)(2), substituted “as 31310(j)” for “section 31310(h)”.
Subsec. (a)(21). Pub. L. 109–59, §4123(b)(3), added par. (21).
1999—Subsec. (a)(6). Pub. L. 106–159, §202(a), inserted “or renewing such a license” after “to an individual” and struck out “commercial” after “has issued a”.
Subsec. (a)(8). Pub. L. 106–159, §202(b), inserted “, and the violation that resulted in the disqualification, revocation, suspension, or cancellation shall be recorded” before the period at end.
Subsec. (a)(9). Pub. L. 106–159, §202(c), amended par. (9) generally. Prior to amendment, par. (9) read as follows: “If an individual operating a commercial motor vehicle violates a State or local law on motor vehicle traffic control (except a parking violation) and the individual has a driver's license issued by another State, the State in which the violation occurred shall notify a State official designated by the issuing State of the violation not later than 10 days after the date the individual is found to have committed the violation.”
Subsec. (a)(10). Pub. L. 106–159, §202(d), designated existing provisions as subpar. (A) and added subpar. (B).
Subsec. (a)(13). Pub. L. 106–159, §202(e), inserted “consistent with this chapter that” after “penalties”, substituted “vehicle.” for “vehicle when the individual—”, and struck out pars. (A) to (C) which read as follows:
“(A) does not have a commercial driver's license;
“(B) has a driver's license revoked, suspended, or canceled; or
“(C) is disqualified from operating a commercial motor vehicle.”
Subsec. (a)(18) to (20). Pub. L. 106–159, §202(f)–(h), added pars. (18) to (20).
1998—Subsec. (a)(15). Pub. L. 105–178, §4011(e)(1), substituted “subsections (b)–(e), (g)(1)(A), and (g)(2) of section 31310” for “section 31310(b)–(e) of this title”.
Subsec. (a)(17), (18). Pub. L. 105–178, §4011(e)(2), (3), redesignated par. (18) as (17) and struck out former par. (17) which read as follows: “The State shall adopt and enforce regulations prescribed by the Secretary under section 31310(g)(1)(A) and (2) of this title.”
1995—Subsec. (a)(18). Pub. L. 104–88 added par. (18).
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 701 of this title.
State-to-State Notification of Violations Data
Pub. L. 106–159, title II, §221, Dec. 9, 1999, 113 Stat. 1769, provided that:
“(a)
“(b)
1 See References in Text note below.
2 So in original. Probably should be “section”.
§31312. Decertification authority
(a)
(1) prohibit that State from carrying out licensing procedures under this chapter; and
(2) prohibit that State from issuing any commercial driver's licenses until such time the Secretary determines such State is in substantial compliance with this chapter.
(b)
(c)
(Added Pub. L. 106–159, title II, §203(a), Dec. 9, 1999, 113 Stat. 1762.)
Prior Provisions
A prior section 31312, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1025, related to grants for testing and ensuring the fitness of operators of commercial motor vehicles, prior to repeal by Pub. L. 105–178, title IV, §4011(f), June 9, 1998, 112 Stat. 408.
§31313. Grants for commercial driver's license program improvements
(a)
(1)
(A) to comply with the requirements of section 31311; and
(B) in the case of a State that is making a good faith effort toward substantial compliance with the requirements of section 31311 and this section, to improve its implementation of its commercial driver's license program.
(2)
(A)
(B)
(3)
(4)
(5)
(b)
(1)
(2)
(c)
(d)
(Added Pub. L. 109–59, title IV, §4124(a), Aug. 10, 2005, 119 Stat. 1736.)
References in Text
The Motor Carrier Safety Improvement Act of 1999, referred to in subsec. (a)(2)(B), is Pub. L. 106–159, Dec. 9, 1999, 113 Stat. 1748. For complete classification of this Act to the Code, see Short Title of 1999 Amendment note set out under section 101 of this title and Tables.
The date of enactment of this section, referred to in subsec. (a)(4), is the date of enactment of Pub. L. 109–59, which was approved Aug. 10, 2005.
Prior Provisions
A prior section 31313, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1027, related to grants for issuing commercial drivers’ licenses and complying with State participation requirements, prior to repeal by Pub. L. 105–178, title IV, §4011(f), June 9, 1998, 112 Stat. 408.
§31314. Withholding amounts for State noncompliance
(a)
(b)
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1028; Pub. L. 105–178, title IV, §4011(g), (h), June 9, 1998, 112 Stat. 408; Pub. L. 105–206, title IX, §9010, July 22, 1998, 112 Stat. 863; Pub. L. 109–59, title IV, §4124(c), Aug. 10, 2005, 119 Stat. 1738.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31314(a) | 49 App.:2710(a). | Oct. 27, 1986, Pub. L. 99–570, §12011, 100 Stat. 3207–183. |
| 31314(b) | 49 App.:2710(b). | |
| 31314(c) | 49 App.:2710(c)(1). | |
| 31314(d) | 49 App.:2710(c)(2), (3). | |
| 31314(e) | 49 App.:2710(c)(4). |
In this section, the word “amounts” is substituted for “funds” and “sums” for consistency in the revised title.
In subsection (e), the words “by the Secretary” are omitted as surplus.
Amendments
2005—Subsecs. (a), (b). Pub. L. 109–59 inserted “up to” after “withhold”.
1998—Subsecs. (a), (b). Pub. L. 105–178, §4011(h)(1), as added by Pub. L. 105–206, substituted “section 104(b)(1), (3), and (4) of title 23” for “section 104(b)(1), (3), and (5) of title 23”.
Pub. L. 105–178, §4011(g)(1), substituted “section 104(b)(1), (3), and (5) of title 23” for “section 104(b)(1), (2), (5), and (6) of title 23”.
Subsec. (c). Pub. L. 105–178, §4011(g)(2), struck out par. (2) designation and struck out par. (1) which read as follows: “Amounts withheld under this section from apportionment to a State before October 1, 1995, remain available for apportionment to the State as follows:
“(A) If the amounts would have been apportioned under section 104(b)(5)(B) of title 23 but for this section, the amounts remain available until the end of the 2d fiscal year following the fiscal year for which the amounts are authorized to be appropriated.
“(B) If the amounts would have been apportioned under section 104(b)(1), (2), or (6) of title 23 but for this section, the amounts remain available until the end of the 3d fiscal year following the fiscal year for which the amounts are authorized to be appropriated.”
Subsec. (d). Pub. L. 105–178, §4011(h)(2), as added by Pub. L. 105–206, struck out heading and text of subsec. (d). Text read as follows: “If, at the end of the period for which amounts withheld under this section from apportionment are available for apportionment to a State under subsection (c)(1) of this section, the State has not substantially complied with all of the requirements of section 31311(a) of this title for a 365-day period, the amounts lapse or, for amounts withheld from apportionment under section 104(b)(5) of title 23, the amounts lapse and are available for projects under section 118(b) of title 23.”
Pub. L. 105–178, §4011(g)(3), (4), redesignated subsec. (e) as (d) and struck out heading and text of former subsec. (d). Text read as follows:
“(1) If, before the last day of the period for which amounts withheld under this section from apportionment are to remain available for apportionment to a State under subsection (c)(1) of this section, the State substantially complies with all of the requirements of section 31311(a) of this title for a period of 365 days, the Secretary, on the day following the last day of that period, shall apportion to the State the withheld amounts remaining available for apportionment to that State.
“(2) Amounts apportioned under paragraph (1) of this subsection remain available for expenditure until the end of the 3d fiscal year following the fiscal year in which the amounts are apportioned. Amounts not obligated at the end of that period lapse or, for amounts apportioned under section 104(b)(5) of title 23, lapse and are available for projects under section 118(b) of title 23.”
Subsec. (e). Pub. L. 105–178, §4011(g)(4), redesignated subsec. (e) as (d).
Effective Date of 1998 Amendment
Title IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, and provisions of Pub. L. 105–178, as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105–206 to be treated as not enacted, see section 9016 of Pub. L. 105–206, set out as a note under section 101 of Title 23, Highways.
§31315. Waivers, exemptions, and pilot programs
(a)
(1) for a period not in excess of 3 months;
(2) limited in scope and circumstances;
(3) for nonemergency and unique events; and
(4) subject to such conditions as the Secretary may impose.
(b)
(1)
(2)
(A) the person fails to comply with the terms and conditions of such exemption;
(B) the exemption has resulted in a lower level of safety than was maintained before the exemption was granted; or
(C) continuation of the exemption would not be consistent with the goals and objectives of this chapter or section 31136, as the case may be.
(3)
(A) The provisions from which the person requests exemption.
(B) The time period during which the requested exemption would apply.
(C) An analysis of the safety impacts the requested exemption may cause.
(D) The specific countermeasures the person would undertake to ensure an equivalent or greater level of safety than would be achieved absent the requested exemption.
(4)
(A)
(B)
(C)
(5)
(6)
(7)
(c)
(1)
(2)
(A) A scheduled life of each pilot program of not more than 3 years.
(B) A specific data collection and safety analysis plan that identifies a method for comparison.
(C) A reasonable number of participants necessary to yield statistically valid findings.
(D) An oversight plan to ensure that participants comply with the terms and conditions of participation.
(E) Adequate countermeasures to protect the health and safety of study participants and the general public.
(F) A plan to inform State partners and the public about the pilot program and to identify approved participants to safety compliance and enforcement personnel and to the public.
(3)
(4)
(5)
(d)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1029; Pub. L. 105–178, title IV, §4007(a), June 9, 1998, 112 Stat. 401.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31315 | 49 App.:2711. | Oct. 27, 1986, Pub. L. 99–570, §12013, 100 Stat. 3207–186. |
The words “Notwithstanding any other provision of this chapter” are omitted as surplus.
References in Text
The date of enactment of this section, referred to in subsec. (b)(3), probably means the date of enactment of Pub. L. 105–178, which amended this section generally and was approved June 9, 1998.
Amendments
1998—Pub. L. 105–178 amended section catchline and text generally. Prior to amendment, text read as follows: “After notice and an opportunity for comment, the Secretary of Transportation may waive any part of this chapter or a regulation prescribed under this chapter as it applies to a class of individuals or commercial motor vehicles if the Secretary decides the waiver is not contrary to the public interest and does not diminish the safe operation of commercial motor vehicles. A waiver under this section shall be published in the Federal Register with reasons for the waiver.”
Protection of Existing Exemptions
For provisions making amendment by section 4007 of Pub. L. 105–178 inapplicable to or otherwise not affecting waiver, exemption, or pilot program in effect the day before June 9, 1998, under this chapter or section 31136(e) of this title, see section 4007(d) of Pub. L. 105–178, set out as a note under section 31136 of this title.
§31316. Limitation on statutory construction
This chapter does not affect the authority of the Secretary of Transportation to regulate commercial motor vehicle safety involving motor vehicles with a gross vehicle weight rating of less than 26,001 pounds or a lesser gross vehicle weight rating the Secretary decides is appropriate under section 31301(4)(A) of this title.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1029.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31316 | 49 App.:2714. | Oct. 27, 1986, Pub. L. 99–570, §12017, 100 Stat. 3207–187. |
The words “This chapter does not affect” are substituted for “Nothing in this chapter shall be construed to diminish, limit, or otherwise affect” to eliminate unnecessary words.
§31317. Procedure for prescribing regulations
Regulations prescribed by the Secretary of Transportation to carry out this chapter (except section 31307) shall be prescribed under section 553 of title 5 without regard to sections 556 and 557 of title 5.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1029.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31317 | 49 App.:2715. | Oct. 27, 1986, Pub. L. 99–570, §12018, 100 Stat. 3207–187. |
The text of 49 App.:2715(a) is omitted as surplus because of 49:322(a). The words “(except section 31307)” are added because the source provisions restated in this section do not apply to the source provisions restated in section 31307 of the revised title.
CHAPTER 315—MOTOR CARRIER SAFETY
Historical and Revision Notes
Chapter 315 is a restatement of existing chapter 31 of title 49, United States Code, that is redesignated as chapter 315 by section 1(c) of the bill.
§31501. Definitions
In this chapter—
(1) “migrant worker” means an individual going to or from employment in agriculture as provided under section 3121(g) of the Internal Revenue Code of 1986 (26 U.S.C. 3121(g)) or section 3(f) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(f)).
(2) “motor carrier”, “motor common carrier”, “motor private carrier”, “motor vehicle”, and “United States” have the same meanings given those terms in section 13102 of this title.
(3) “motor carrier of migrant workers”—
(A) means a person (except a motor common carrier) providing transportation referred to in section 13501 of this title by a motor vehicle (except a passenger automobile or station wagon) for at least 3 migrant workers at a time to or from their employment; but
(B) does not include a migrant worker providing transportation for migrant workers and their immediate families.
(Pub. L. 97–449, Jan. 12, 1983, 96 Stat. 2438, §3101; renumbered §31501 and amended Pub. L. 103–272, §1(c), (e), July 5, 1994, 108 Stat. 745, 1029; Pub. L. 103–429, §6(26), Oct. 31, 1994, 108 Stat. 4380; Pub. L. 104–88, title III, §308(k)(1), (2), Dec. 29, 1995, 109 Stat. 947, 948.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3101(1) | 49:303(a)(23). | Feb. 4, 1887, ch. 104, 24 Stat. 397, §203(a)(22), (23); added Aug. 3, 1956, ch. 905, §1, 70 Stat. 958. |
| 3101(2) | (no source). | |
| 3101(3) | 49:303(a)(22). |
In clause (1), the words “going to or from” are substituted for “proceeding to or returning from” for clarity.
Clause (2) is included to ensure that the identical definitions that are relevant are used without repeating them. The source provisions for the quoted definitions are found in the revision notes for section 10102 of the revised title.
In clause (3), the words “including any ‘contract common carrier by motor vehicle’ ” are omitted as covered by the definition of “motor carrier”. The words “referred to in section 10521(a) of this title” are substituted for “in interstate or foreign commerce” for clarity and consistency in the revised title. The word “except” is substituted for “but not including” for clarity. The words “at least” are substituted for “or more”, and the words “but the term does not include” are substituted for “except”, for consistency.
Pub. L. 103–429
This amends 49:31501(1) to correct an erroneous cross-reference.
Amendments
1995—Par. (2). Pub. L. 104–88, §308(k)(1), substituted “13102” for “10102”.
Par. (3)(A). Pub. L. 104–88, §308(k)(2), substituted “13501” for “10521(a)”.
1994—Pub. L. 103–272 renumbered section 3101 of this title as this section and amended it generally, restating it without substantive change.
Par. (1). Pub. L. 103–429 substituted “section 3(f)” for “section 203(f)”.
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 701 of this title.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
§31502. Requirements for qualifications, hours of service, safety, and equipment standards
(a)
(1) described in sections 13501 and 13502 of this title; and
(2) to the extent the transportation is in the United States and is between places in a foreign country, or between a place in a foreign country and a place in another foreign country.
(b)
(1) qualifications and maximum hours of service of employees of, and safety of operation and equipment of, a motor carrier; and
(2) qualifications and maximum hours of service of employees of, and standards of equipment of, a motor private carrier, when needed to promote safety of operation.
(c)
(1) at least 75 miles; and
(2) across the boundary of a State, territory, or possession of the United States.
(d)
(e)
(1)
(A) maximum driving and on-duty times applicable to operators of commercial motor vehicles,
(B) physical testing, reporting, or recordkeeping, and
(C) the installation of automatic recording devices associated with establishing the maximum driving and on-duty times referred to in subparagraph (A),
shall not apply to any driver of a utility service vehicle during an emergency period of not more than 30 days declared by an elected State or local government official under paragraph (2) in the area covered by the declaration.
(2)
(3)
(A) a utility service vehicle driver to which the declaration applied; or
(B) a utility service vehicle of the driver to which the declaration applied.
(4)
(A)
(B)
(Pub. L. 97–449, Jan. 12, 1983, 96 Stat. 2438, §3102; Pub. L. 98–554, title II, §206(h), Oct. 30, 1984, 98 Stat. 2835; renumbered §31502 and amended Pub. L. 103–272, §1(c), (e), July 5, 1994, 108 Stat. 745, 1029; Pub. L. 104–88, title III, §308(k)(3), Dec. 29, 1995, 109 Stat. 948; Pub. L. 105–178, title IV, §4012(a), June 9, 1998, 112 Stat. 408; Pub. L. 109–59, title IV, §4145(b), Aug. 10, 2005, 119 Stat. 1749.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3102(a) | (no source). | |
| 3102(b)(1) | 49:304(a)(1)–(2) (related to qualifications, hours of service, and safety). | Feb. 4, 1887, ch. 104, 24 Stat. 379, §204(a)(1)–(2) (related to qualifications, hours of service, and safety), (3) (1st sentence); added Aug. 9, 1935, ch. 498, 49 Stat. 546. |
| 3102(b)(2) | 49:304(a)(3) (1st sentence). | |
| 49:1655(e)(6)(C). | Oct. 15, 1966, Pub. L. 89–670, §6(e)(6)(C), 80 Stat. 939. | |
| 3102(c) | 49:304(a)(3a) (1st sentence). | Feb. 4, 1887, ch. 104, 24 Stat. 379, §204(a)(3a) (1st sentence); added Aug. 3, 1956, ch. 905, §2, 70 Stat. 958. |
| 49:1655(e)(6)(C). |
Throughout the chapter, the words “Secretary of Transportation” are substituted for “Interstate Commerce Commission” because 49:1655(e)(6)(B)–(D) transferred the authority of the Interstate Commerce Commission under the provisions restated in this chapter to the Secretary of Transportation.
Subsection (a) is included to maintain the jurisdictional scope of the source provisions from which subsections (b) and (c) of the revised section are taken. Subsections (b) and (c) are based on 49:304 which, as part of 49:ch. 8, is now restated as subchapter II of chapter 105 of the revised title. In addition, 49:303(a)(11) (last sentence) extended the jurisdictional scope of 49:304 as provided in subsection (a) of the revised section.
In subsection (b), before clause (1), the words “and to that end” are omitted as surplus. The word “prescribe” is substituted for “establish” for consistency. The word “reasonable” is omitted as surplus.
In subsection (b)(1), the words “as provided in this chapter” are omitted as unnecessary because of the restatement. The term “motor carrier” is substituted for “common carriers by motor vehicle” and “contract carriers by motor vehicle” because they are inclusive.
In subsection (b)(2), the words “when needed” are substituted for “if need therefor is found” to eliminate unnecessary words.
In subsection (c), the word “prescribe” is substituted for “establish” for consistency. The word “reasonable” is omitted as surplus. The words “for a total distance of” are omitted as unnecessary because of the restatement. The words “at least” are substituted for “more than” for consistency. The word “line” is omitted as surplus. The words “possession of the United States” are added for consistency in the revised title. The words “a foreign country” and “the District of Columbia” are omitted as unnecessary because a carrier crossing the boundary of a foreign country or the District of Columbia into or from the United States would necessarily cross the boundary of a State and be covered by the provision related to a State.
References in Text
Section 345 of the National Highway System Designation Act of 1995, referred to in subsec. (e)(4), is section 345 of Pub. L. 104–59, which was set out as a note under section 31136 of this title, prior to repeal by Pub. L. 109–59, title IV, §4115(d), Aug. 10, 2005, 119 Stat. 1726. The text of section 345 of Pub. L. 104–59 was inserted as part of section 229 of Pub. L. 106–159, as added by section 4115(a) of Pub. L. 109–59, and is set out as a note under section 31136 of this title.
Amendments
2005—Subsec. (e)(2). Pub. L. 109–59, §4145(b)(1), substituted “Field Administrator of the Federal Motor Carrier Safety Administration” for “Regional Director of the Federal Highway Administration”.
Subsec. (e)(3). Pub. L. 109–59, §4145(b)(2), substituted “Field Administrator” for “Regional Director” in introductory provisions.
1998—Subsec. (e). Pub. L. 105–178 added subsec. (e).
1995—Subsec. (a)(1). Pub. L. 104–88 substituted “13501 and 13502” for “10521 and 10522”.
1994—Pub. L. 103–272 renumbered section 3102 of this title as this section and amended it generally, restating it without substantive change.
1984—Subsec. (d). Pub. L. 98–554 added subsec. (d).
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 701 of this title.
Savings Provision
Pub. L. 100–690, title IX, §9102(c), Nov. 18, 1988, 102 Stat. 4529, provided that: “The amendment made by subsection (a) [amending section 2505 of former Title 49, Transportation] shall not be construed as having any effect on the enactment of subsection (d) of section 3102 [now 31502] of title 49, United States Code, which subsection (d) was added to such section by section 206(h) of the Motor Carrier Safety Act of 1984 [Pub. L. 98–554] on October 30, 1984.”
Continued Application of Safety and Maintenance Requirements
Pub. L. 105–178, title IV, §4012(b), June 9, 1998, 112 Stat. 409, provided that:
“(1)
“(A) to exempt any utility service vehicle from compliance with any applicable provision of law relating to vehicle mechanical safety, maintenance requirements, or inspections; or
“(B) to exempt any driver of a utility service vehicle from any applicable provision of law (including any regulation) established for the issuance, maintenance, or periodic renewal of a commercial driver's license for that driver.
“(2)
“(A)
“(B)
“(C)
“(D)
Study of Adequacy of Parking Facilities
Pub. L. 105–178, title IV, §4027, June 9, 1998, 112 Stat. 417, provided that:
“(a)
“(b)
“(c)
Exemptions From Requirements Relating to Commercial Motor Vehicles and Their Operators
For provisions relating to exemptions from regulations prescribed under this section as to maximum driving and on-duty time for drivers used by motor carriers, see section 345 of Pub. L. 104–59, set out as a note under section 31136 of this title.
1 See References in Text note below.
2 So in original. Probably should be followed by a period.
§31503. Research, investigation, and testing
(a)
(b)
(Pub. L. 97–449, Jan. 12, 1983, 96 Stat. 2439, §3103; renumbered §31503 and amended Pub. L. 103–272, §1(c), (e), July 5, 1994, 108 Stat. 745, 1030; Pub. L. 104–88, title III, §308(k)(4), Dec. 29, 1995, 109 Stat. 948.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3103(a) | 49:325. | Feb. 4, 1887, ch. 104, 24 Stat. 379, §226; added Aug. 9, 1935, ch. 498, 49 Stat. 566; Sept. 18, 1940, ch. 722, §26(b), 54 Stat. 929. |
| 49:1655(e)(6)(B). | Oct. 15, 1966, Pub. L. 89–670, §6(e)(6)(B), (C), 80 Stat. 939. | |
| 3103(b) | 49:304(a)(5). | Feb. 4, 1887, ch. 104, 24 Stat. 379, §204(a)(5); added Aug. 9, 1935, ch. 498, 49 Stat. 546. |
| 49:1655(e)(6)(C). |
In subsection (a), the words “subject to subchapter II of chapter 105 of this title” are added for clarity. The word “services” is substituted for “assistance” for consistency. The words “department, agency, or instrumentality of the United States Government” are substituted for “departments or bureaus of the Government” for consistency.
In subsection (b), the words “In carrying out this chapter” are substituted for “For the purpose of carrying out the provisions pertaining to safety” to eliminate unnecessary words. The words “department . . . or instrumentality” are added for consistency. The word “reimburse” is substituted for “transfer . . . such funds” for consistency. The words “as may be necessary and available to make this provision effective” are omitted as unnecessary because of the restatement.
Amendments
1995—Subsec. (a). Pub. L. 104–88 substituted “subchapter I of chapter 135” for “subchapter II of chapter 105”.
1994—Pub. L. 103–272 renumbered section 3103 of this title as this section and amended it generally, restating it without substantive change.
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 701 of this title.
§31504. Identification of motor vehicles
(a)
(1) issue and require the display of an identification plate on a motor vehicle used in transportation provided by a motor private carrier and a motor carrier of migrant workers subject to section 31502(c) of this title, except a motor contract carrier; and
(2) require each of those motor private carriers and motor carriers of migrant workers to pay the reasonable cost of the plate.
(b)
(Pub. L. 97–449, Jan. 12, 1983, 96 Stat. 2439, §3104; renumbered §31504 and amended Pub. L. 103–272, §1(c), (e), July 5, 1994, 108 Stat. 745, 1030.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3104(a) | 49:304(a)(3) (last sentence) (related to “Sec. 324”). | Feb. 4, 1887, ch. 104, 24 Stat. 379, §204(a)(3) (last sentence) (related to “Sec. 224”); added Aug. 9, 1935, ch. 498, 49 Stat. 546. |
| 49:304(a)(3a) (last sentence) (related to “Sec. 324”). | Feb. 4, 1887, ch. 104, 24 Stat. 379, §204(a)(3a) (last sentence) (related to “Sec. 224”); added Aug. 3, 1956, ch. 905, §2, 70 Stat. 958. | |
| 49:1655(e)(6)(D) (related to “Sec. 324”). | Oct. 15, 1966, Pub. L. 89–670, §6(e)(6)(D) (related to “Sec. 224”), 80 Stat. 940. | |
| 3104(b) | 49:304(a)(3) (last sentence) (related to “Sec. 324”). | |
| 49:304(a)(3a) (last sentence) (related to “Sec. 324”). | ||
| 49:l655(e)(6)(D) (related to “Sec. 324”). |
The section is included to reflect the text of former 49:324 (related to motor private carriers and motor carriers of migrant workers) which is incorporated in the revised title by cross-reference.
Amendments
1994—Pub. L. 103–272 renumbered section 3104 of this title as this section and amended it generally, restating it without substantive change.
CHAPTER 317—PARTICIPATION IN INTERNATIONAL REGISTRATION PLAN AND INTERNATIONAL FUEL TAX AGREEMENT
Amendments
1998—Pub. L. 105–178, title IV, §4013, June 9, 1998, 112 Stat. 409, struck out items 31702 “Working group”, 31703 “Grants”, and 31708 “Authorization of appropriations”.
§31701. Definitions
In this chapter—
(1) “commercial motor vehicle”, with respect to—
(A) the International Registration Plan, has the same meaning given the term “apportionable vehicle” under the Plan; and
(B) the International Fuel Tax Agreement, has the same meaning given the term “qualified motor vehicle” under the Agreement.
(2) “fuel use tax” means a tax imposed on or measured by the consumption of fuel in a motor vehicle.
(3) “International Fuel Tax Agreement” means the interstate agreement on collecting and distributing fuel use taxes paid by motor carriers, developed under the auspices of the National Governors’ Association.
(4) “International Registration Plan” means the interstate agreement on apportioning vehicle registration fees paid by motor carriers, developed by the American Association of Motor Vehicle Administrators.
(5) “Regional Fuel Tax Agreement” means the interstate agreement on collecting and distributing fuel use taxes paid by motor carriers in the States of Maine, Vermont, and New Hampshire.
(6) “State” means the 48 contiguous States and the District of Columbia.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1031.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31701 | 49:11506 (note). | Dec. 18, 1991, Pub. L. 102–240, §4008(k), 105 Stat. 2155. |
Operation of Trailers
Pub. L. 105–277, div. C, title I, §109, Oct. 21, 1998, 112 Stat. 2681–586, provided that:
“(a)
“(1) is registered under the laws of another State; and
“(2) is operating under a trip permit issued by the State.
“(b)
“(c)
“(d)
“(e)
[§§31702, 31703. Repealed. Pub. L. 105–178, title IV, §4013, June 9, 1998, 112 Stat. 409]
Section 31702, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1031, related to establishment and purposes of working group of State and local government officials to propose procedures to resolve disputes among States participating in the International Registration Plan and in the International Fuel Tax Agreement.
Section 31703, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1032, related to grants to States and appropriate persons to facilitate participation in the International Registration Plan and in the International Fuel Tax Agreement.
§31704. Vehicle registration
After September 30, 1996, a State that is not participating in the International Registration Plan may not establish, maintain, or enforce a commercial motor vehicle registration law, regulation, or agreement that limits the operation in that State of a commercial motor vehicle that is not registered under the laws of the State, if the vehicle is registered under the laws of a State participating in the Plan.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1032.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31704 | 49:11506 (note). | Dec. 18, 1991, Pub. L. 102–240, §4008(f), 105 Stat. 2154. |
The words “a State that is not participating in the International Registration Plan may not” are substituted for “no State (other than a State which is participating in the International Registration Plan) shall” for consistency in the revised title and to eliminate unnecessary words.
§31705. Fuel use tax
(a)
(b)
(c)
(1) the 365-day period beginning on the first day that States participating in the Agreement are required to comply with the amendment; or
(2) the 365-day period beginning on the day the relevant office of the State receives written notice of the amendment from the Secretary of Transportation.
(d)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1032.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31705 | 49:11506 (note). | Dec. 18, 1991, Pub. L. 102–240, §4008(g), 105 Stat. 2154. |
In subsection (b), the words “as it applies to” are substituted for “with respect to” for clarity.
In subsection (c), before clause (1), the words “a State not participating in the Agreement when the amendment is made is not subject to the conformity requirements of subsections (a) and (b) of this section in regard to the amendment” are substituted for “conformity by a State that is not participating in such Agreement when such amendment is made may not be required with respect to such amendment” for clarity.
§31706. Enforcement
(a)
(b)
(c)
(1) shall issue a temporary restraining order or a preliminary or permanent injunction; and
(2) may require by the injunction that the State or any person comply with sections 31704 and 31705 of this title.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1033.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31706 | 49:11506 (note). | Dec. 18, 1991, Pub. L. 102–240, §4008(h), 105 Stat. 2155. |
In subsection (a), the words “bring a civil action . . . to enforce compliance” are substituted for “commence . . . a civil action for such injunctive relief as may be appropriate to ensure compliance” for consistency in the revised title and to eliminate unnecessary words.
In subsection (b), the words “an order is required to enforce compliance” are substituted for “relief is required to ensure such compliance” for consistency in the revised title.
§31707. Limitations on statutory construction
Sections 31704 and 31705 of this title do not limit the amount of money a State may charge for registration of a commercial motor vehicle or the amount of any fuel use tax a State may impose.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1033.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31707 | 49:11506 (note). | Dec. 18, 1991, Pub. L. 102–240, §4008(i), 105 Stat. 2155. |
[§31708. Repealed. Pub. L. 105–178, title IV, §4013, June 9, 1998, 112 Stat. 409]
Section, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1033, related to authorization of appropriations for working group under section 31702 of this title and for grants under section 31703 of this title.
PART C—INFORMATION, STANDARDS, AND REQUIREMENTS
CHAPTER 321—GENERAL
§32101. Definitions
In this part (except chapter 329 and except as provided in section 33101)—
(1) “bumper standard” means a minimum performance standard that substantially reduces—
(A) the damage to the front or rear end of a passenger motor vehicle from a low-speed collision (including a collision with a fixed barrier) or from towing the vehicle; or
(B) the cost of repairing the damage.
(2) “insurer” means a person in the business of issuing, or reinsuring any part of, a passenger motor vehicle insurance policy.
(3) “interstate commerce” means commerce between a place in a State and—
(A) a place in another State; or
(B) another place in the same State through another State.
(4) “make”, when describing a passenger motor vehicle, means the trade name of the manufacturer of the vehicle.
(5) “manufacturer” means a person—
(A) manufacturing or assembling passenger motor vehicles or passenger motor vehicle equipment; or
(B) importing motor vehicles or motor vehicle equipment for resale.
(6) “model”, when describing a passenger motor vehicle, means a category of passenger motor vehicles based on the size, style, and type of a make of vehicle.
(7) “motor vehicle” means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public streets, roads, and highways, but does not include a vehicle operated only on a rail line.
(8) “motor vehicle accident” means an accident resulting from the maintenance or operation of a passenger motor vehicle or passenger motor vehicle equipment.
(9) “multipurpose passenger vehicle” means a passenger motor vehicle constructed on a truck chassis or with special features for occasional off-road operation.
(10) “passenger motor vehicle” means a motor vehicle with motive power designed to carry not more than 12 individuals, but does not include—
(A) a motorcycle; or
(B) a truck not designed primarily to carry its operator or passengers.
(11) “passenger motor vehicle equipment” means—
(A) a system, part, or component of a passenger motor vehicle as originally made;
(B) a similar part or component made or sold for replacement or improvement of a system, part, or component, or as an accessory or addition to a passenger motor vehicle; or
(C) a device made or sold for use in towing a passenger motor vehicle.
(12) “State” means a State of the United States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, Guam, American Samoa, and the Virgin Islands.
(13) “United States district court” means a district court of the United States, a United States court for Guam, the Virgin Islands, and American Samoa, and the district court for the Northern Mariana Islands.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1034; Pub. L. 103–429, §6(27), Oct. 31, 1994, 108 Stat. 4380.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32101(1) | 15:1901(5), (6) (words before semicolon), (11). | Oct. 20, 1972, Pub. L. 92–513, §2(1)–(6) (words before semicolon), (7)–(12), (15)–(18), 86 Stat. 947, 948; Dec. 22, 1975, Pub. L. 94–163, §301, 89 Stat. 901; Oct. 10, 1980, Pub. L. 96–425, §8(a)(2), 94 Stat. 1828; Oct. 25, 1984, Pub. L. 98–547, §101(b), 98 Stat. 2767. |
| 32101(2) | 15:1901(12). | |
| 32101(3) | 15:1901(17). | |
| 32101(4) | 15:1901(8). | |
| 32101(5) | 15:1901(7). | |
| 32101(6) | 15:1901(9). | |
| 32101(7) | 15:1901(15). | |
| 32101(8) | 15:1901(10). | |
| 32101(9) | 15:1901(2). | |
| 32101(10) | 15:1901(1). | |
| 32101(11) | 15:1901(3), (4). | |
| 32101(12) | 15:1901(16). | |
| 32101(13) | 15:1901(18). |
In clause (1), the text of 15:1901(11) is omitted as surplus because the complete title of the Secretary of Transportation is used the first time the term appears in a section. The definition of “property loss reduction standard” is combined with the definition of “bumper standard” because the former term is used only in the definition of the latter term. Before subclause (A), the words “the purpose of which is” and “eliminate” are omitted as surplus. In subclauses (A) and (B), the words “(or both)” are omitted as surplus. In subclause (A), the word “physical” is omitted as surplus.
In clause (2), the words “of passenger motor vehicles” and “engaged” are omitted as surplus.
In clause (5)(A), the words “manufacturing or assembling” are substituted for “engaged in the manufacturing or assembling of” to eliminate unnecessary words.
In clause (8), the words “maintenance or operation” are substituted for “operation, maintenance, or use” to eliminate an unnecessary word.
In clauses (12) and (13), the words “the Northern Mariana Islands” are added because of section 502(a)(2) of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, as enacted by the Act of March 24, 1976 (Public Law 94–241, 90 Stat. 268), and as proclaimed to be in effect by the President on January 9, 1978 (Proc. No. 4534, Oct. 24, 1977, 42 F.R. 56593). The words “the Canal Zone” are omitted because of the Panama Canal Treaty of 1977.
In clause (12), the word “means” is substituted for “includes” as being more appropriate. The words “a State of the United States” are substituted for “each of the several States” for consistency in the revised title and with other titles of the United States Code.
In clause (13), the words “of the Commonwealth of Puerto Rico” are omitted as surplus because the district court of Puerto Rico is a district court of the United States under 28:119.
Pub. L. 103–429
This makes a conforming amendment to 49:32101 necessary because of the amendment to 49:32304(a)(11) made by section 6(29) of the bill and to clarify the restatement of 15:1901 by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1034).
Amendments
1994—Pub. L. 103–429 amended introductory provisions generally. Prior to amendment, introductory provisions read as follows: “In this part (except section 32304 and chapter 329)—”.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
§32102. Authorization of appropriations
There is authorized to be appropriated to the Secretary $9,562,500 for the National Highway Traffic Safety Administration to carry out this part in each fiscal year beginning in fiscal year 1999 and ending in fiscal year 2001.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1035; Pub. L. 105–178, title VII, §7102(b), June 9, 1998, 112 Stat. 465; Pub. L. 106–39, §1(b), July 28, 1999, 113 Stat. 206.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32102 | 15:1392 (note). | Dec. 18, 1991, Pub. L. 102–240, §2501(b), 105 Stat. 2081. |
The reference to fiscal year 1992 is omitted as obsolete.
Amendments
1999—Pub. L. 106–39 substituted “$9,562,500” for “$6,200,000”.
1998—Pub. L. 105–178 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: “The following amounts may be appropriated to the Secretary of Transportation for the National Highway Traffic Safety Administration to carry out this part:
“(1) $6,731,430 for the fiscal year ending September 30, 1993.
“(2) $6,987,224 for the fiscal year ending September 30, 1994.
“(3) $7,252,739 for the fiscal year ending September 30, 1995.”
CHAPTER 323—CONSUMER INFORMATION
Amendments
2007—Pub. L. 110–140, title I, §111(c), Dec. 19, 2007, 121 Stat. 1507, added item 32304A.
1994—Pub. L. 103–429, §6(28), Oct. 31, 1994, 108 Stat. 4380, substituted “Civil” for “Criminal” in item 32309.
§32301. Definitions
In this chapter—
(1) “crashworthiness” means the protection a passenger motor vehicle gives its passengers against personal injury or death from a motor vehicle accident.
(2) “damage susceptibility” means the susceptibility of a passenger motor vehicle to damage in a motor vehicle accident.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1035.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32301 | 15:1901(13), (14). | Oct. 20, 1972, Pub. L. 92–513, §2(13), (14), 86 Stat. 948; Dec. 22, 1975, Pub. L. 94–163, §301, 89 Stat. 901; Oct. 10, 1980, Pub. L. 96–425, §8(a)(2), 94 Stat. 1828; Oct. 25, 1984, Pub. L. 98–547, §101(b), 98 Stat. 2767. |
§32302. Passenger motor vehicle information
(a)
(1) damage susceptibility.
(2) crashworthiness.
(3) the degree of difficulty of diagnosis and repair of damage to, or failure of, mechanical and electrical systems.
(4) vehicle operating costs dependent on the characteristics referred to in clauses (1)–(3) of this subsection, including insurance information obtained under section 32303 of this title.
(b)
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1035.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32302(a) | 15:1941(c) (19th–60th words). | Oct. 20, 1972, Pub. L. 92–513, §201(c), (e), 86 Stat. 956. |
| 15:1941(d) (1st–13th words). | Oct. 20, 1972, Pub. L. 92–513, §201(d), 86 Stat. 956; July 14, 1976, Pub. L. 94–364, §201, 90 Stat. 981. | |
| 32302(b) | 15:1941(c) (1st–18th and 61st–last words), (d) (14th–last words). | |
| 32302(c) | 15:1941(e). |
In subsection (a), the words before clause (1) are substituted for “The Secretary shall compile the information described in subsection (c) of this section” and “existing information and information to be developed relating to” for clarity and to eliminate unnecessary words.
In subsection (b), the words “After the study has been completed” are omitted as executed. The words “To assist a consumer in buying a passenger motor vehicle” are substituted for “so as to be of benefit in their passenger motor vehicle purchasing decisions”, and the words “the Secretary shall provide to the public” are substituted for “the Secretary is authorized and directed to devise specific ways in which . . . can be communicated to consumers” and “furnish it to the public”, to eliminate unnecessary words. The word “existing” is omitted as obsolete.
In subsection (c), the words “not later than February 1, 1975” are omitted as executed. The words “prescribe regulations” are substituted for “by rule establish” for consistency in the revised title and because “rule” is synonymous with “regulation”.
§32303. Insurance information
(a)
(A) physical damage and repair costs; and
(B) personal injury.
(2) In deciding which reports and information are to be provided under this subsection, the Secretary shall—
(A) consider the cost of preparing and providing the reports and information;
(B) consider the extent to which the reports and information will contribute to carrying out this chapter; and
(C) consult with State authorities and public and private agencies the Secretary considers appropriate.
(3) To the extent possible, the Secretary shall obtain reports and information under this subsection on a voluntary basis.
(b)
(1) about the extent to which the insurance premiums charged by the insurer are affected by damage susceptibility, crashworthiness, and the cost of repair and personal injury, for each make and model of passenger motor vehicle; and
(2) available to the insurer about the effect of damage susceptibility, crashworthiness, and the cost of repair and personal injury for each make and model of passenger motor vehicle on the risk incurred by the insurer in insuring that make and model.
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1036.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32303(a) | 15:1945(a)–(d), (g). | Oct. 20, 1972, Pub. L. 92–513, §205, 86 Stat. 958. |
| 32303(b) | 15:1945(e). | |
| 32303(c) | 15:1945(f). |
In subsection (a), the words “carrying out this chapter” are substituted for “to enable him to carry out the purposes of this subchapter” to eliminate unnecessary words. The word “provide” is substituted for “furnish” for consistency.
In subsection (a)(1), before clause (A), the words “the Secretary of Transportation may require . . . to . . . provide the Secretary with” are substituted for “shall, upon request by the Secretary . . . as the Secretary may reasonably require” to eliminate unnecessary words. The text of 15:1945(g) is omitted as surplus because of 49:322(a). The word “information” is substituted for “data” for consistency in the section. In clause (A), the words “repair costs” are substituted for “the cost of remedying the damage” to eliminate unnecessary words.
In subsection (a)(2)(C), the words “State authorities and public and private agencies” are substituted for “such State and insurance regulatory agencies and other agencies and associations, both public and private” for consistency and to eliminate unnecessary words.
In subsection (b), before clause (1), the word “information” is substituted for “a description of” for consistency in the section. In clause (1), the word “premiums” is substituted for “rates or premiums” because it is inclusive. In clause (2), the words “by the insurer” are added for clarity.
In subsection (c), the words “identifying information” are substituted for “the name of, or other identifying information”, and the words “a witness, or an individual involved” are substituted for “a driver, an injured person, a witness, or otherwise involved” to eliminate unnecessary words. The word “accident” is substituted for “crash or collision” for consistency in this section. The words “so named or otherwise identified” are omitted as surplus.
§32304. Passenger motor vehicle country of origin labeling
(a)
(1) “allied supplier” means a supplier of passenger motor vehicle equipment that is wholly owned by the manufacturer, or if a joint venture vehicle assembly arrangement, a supplier that is wholly owned by one member of the joint venture arrangement.
(2)(A) “carline”—
(i) means a name given a group of passenger motor vehicles that has a degree of commonality in construction such as body and chassis;
(ii) does not consider a level of decor or opulence; and
(iii) except for light duty trucks, is not generally distinguished by characteristics such as roof line, number of doors, seats, or windows; and
(B) light duty trucks are different carlines than passenger motor vehicles.
(3) “country of origin”, when referring to the origin of an engine or transmission, means the country from which the largest share of the dollar value added to an engine or transmission has originated—
(A) with the United States and Canada treated as separate countries; and
(B) the estimate of the percentage of the dollar value shall be based on the purchase price of direct materials, as received at individual engine or transmission plants, of engines of the same displacement and transmissions of the same transmission type, plus the assembly and labor costs incurred for the final assembly of such engines and transmissions.
(4) “dealer” means a person residing or located in the United States, including the District of Columbia or a territory or possession of the United States, and engaged in selling or distributing new passenger motor vehicles to the ultimate purchaser.
(5) “final assembly place” means the plant, factory, or other place at which a new passenger motor vehicle is produced or assembled by a manufacturer, and from which the vehicle is delivered to a dealer or importer with all component parts necessary for the mechanical operation of the vehicle included with the vehicle, whether or not the component parts are permanently installed in or on the vehicle. Such term does not include facilities for engine and transmission fabrication and assembly and the facilities for fabrication of motor vehicle equipment component parts which are produced at the same final assembly place using forming processes such as stamping, machining, or molding processes.
(6) “foreign content” means passenger motor vehicle equipment that is not of United States/Canadian origin.
(7) “manufacturer” means a person—
(A) engaged in manufacturing or assembling new passenger motor vehicles;
(B) importing new passenger motor vehicles for resale; or
(C) acting for and under the control of such a manufacturer, assembler, or importer in connection with the distribution of new passenger motor vehicles.
(8) “new passenger motor vehicle” means a passenger motor vehicle for which a manufacturer, distributor, or dealer has never transferred the equitable or legal title to the vehicle to an ultimate purchaser.
(9) “of United States/Canadian origin”, when referring to passenger motor vehicle equipment, means—
(A) for an outside supplier—
(i) the full purchase price of passenger motor vehicle equipment whose purchase price contains at least 70 percent value added in the United States and Canada; or
(ii) that portion of the purchase price of passenger motor vehicle equipment containing less than 70 percent value added in the United States and Canada that is attributable to the percent value added in the United States and Canada when such percent is expressed to the nearest 5 percent; and
(B) for an allied supplier, that part of the individual passenger motor vehicle equipment whose purchase price the manufacturer determines remains after subtracting the total of the purchase prices of all material of foreign content purchased from outside suppliers, with the determination of the United States/Canadian origin or of the foreign content from outside suppliers being consistent with subclause (A) of this clause.
(10) “outside supplier” means a supplier of passenger motor vehicle equipment to a manufacturer's allied supplier, or a person other than an allied supplier, who ships directly to the manufacturer's final assembly place.
(11) “passenger motor vehicle” has the same meaning given that term in section 32101(10) of this title, except that it includes any multi-purpose vehicle or light duty truck when that vehicle or truck is rated at not more than 8,500 pounds gross vehicle weight.
(12) “passenger motor vehicle equipment”—
(A) means a system, subassembly, or component received at the final vehicle assembly place for installation on, or attachment to, a passenger motor vehicle at the time of its first shipment by the manufacturer to a dealer for sale to an ultimate purchaser; but
(B) does not include minor parts (including nuts, bolts, clips, screws, pins, braces, and other attachment hardware) and other similar items the Secretary of Transportation may prescribe by regulation after consulting with manufacturers and labor.
(13) “percentage (by value)”, when referring to passenger motor vehicle equipment of United States/Canadian origin, means the percentage remaining after subtracting the percentage (by value) of passenger motor vehicle equipment that is not of United States/Canadian origin that will be installed or included on those vehicles produced in a carline, from 100 percent—
(A) with value being expressed in terms of the purchase price; and
(B) for outside suppliers and allied suppliers, the value used is the purchase price of the equipment paid at the final assembly place.
(14) “State” means a State of the United States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, Guam, American Samoa, and the Virgin Islands.
(15) “value added in the United States and Canada” means a percentage determined by subtracting the total purchase price of foreign content from the total purchase price, and dividing the remainder by the total purchase price, excluding costs incurred or profits made at the final assembly place and beyond (including advertising, assembly, labor, interest payments, and profits), with the following groupings being used:
(A) engines of same displacement produced at the same plant.
(B) transmissions of the same type produced at the same plant.
(b)
(A) the percentage (by value) of passenger motor vehicle equipment of United States/Canadian origin installed on vehicles in the carline to which that vehicle belongs, identified by the words “U.S./Canadian content”.
(B) the final assembly place for that vehicle by city, State (where appropriate) and country.
(C) if at least 15 percent (by value) of equipment installed on passenger motor vehicles in a carline originated in any country other than the United States and Canada, the names of at least the 2 countries in which the greatest amount (by value) of that equipment originated and the percentage (by value) of the equipment originating in each country.
(D) the country of origin of the engine and the transmission for each vehicle.
(2) At the beginning of each model year, each manufacturer shall establish the percentages required for each carline to be indicated on the label under this subsection. Those percentages are applicable to that carline for the entire model year. A manufacturer may round those percentages to the nearest 5 percent.
(3) A manufacturer complying with the requirement of paragraph (1)(B) of this subsection satisfies the disclosure requirement of section 3(b) of the Automobile Information Disclosure Act (15 U.S.C. 1232(b)).
(c)
(d)
(1) The manufacturer or allied supplier shall make the same value added determinations as would be made by the outside supplier, that is, whether 70 percent or more of the value of equipment is added in the United States and/or Canada.
(2) The manufacturer or allied supplier shall consider the amount of value added and the location in which the value was added for all of the stages that the outside supplier would be required to consider.
(3) The manufacturer or allied supplier may determine that the value added in the United States and/or Canada is 70 percent or more only if it has a good faith basis to make that determination.
(4) A manufacturer and its allied suppliers may, on a combined basis, make value added determinations for no more than 10 percent, by value, of a carline's total parts content from outside suppliers.
(5) Value added determinations made by a manufacturer or allied supplier under this paragraph shall have the same effect as if they were made by the outside supplier.
(6) This provision does not affect the obligation of outside suppliers to provide the requested information.
(e)
(f)
(g)
(h)
(i)
(2) A State or a political subdivision of a State may prescribe requirements related to the content of passenger motor vehicles obtained for its own use.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1036; Pub. L. 103–429, §6(29), (30), Oct. 31, 1994, 108 Stat. 4380; Pub. L. 105–178, title VII, §7106(d), June 9, 1998, 112 Stat. 467.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32304(a) | 15:1950(f). | Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §210(b)–(d), (f), (g), added Oct. 6, 1992, Pub. L. 102–388, §355, 106 Stat. 1556, 1557. |
| 32304(b)(1), (2) | 15:1950(b)(1) (less words between 1st and 2d commas), (2). | |
| 32304(b)(3) | 15:1950(b)(3). | |
| 32304(c) | 15:1950(b)(1) (words between 1st and 2d commas). | |
| 32304(d) | 15:1950(c). | |
| 32304(e) | 15:1950(d). | |
| 32304(f) | 15:1950(g). |
In this section, the words “passenger motor vehicle” and “vehicle” are substituted for “automobile” because the defined terms used in the operative provisions of the law being restated are “passenger motor vehicle” and “new passenger motor vehicle”. The words “final assembly place” are substituted for “final assembly point” for clarity and consistency in the revised title and with other titles of the United States Code.
In subsection (a)(2)(A)(i), the word “given” is substituted for “denoting” for clarity. The words “passenger motor” are added for clarity and consistency in the revised section.
In section (a)(2)(A)(ii), the words “decor or opulence” are substituted for “decor of opulence” for clarity.
In subsection (a)(3), before subclause (A), the words “from which the largest share of the dollar value added to . . . has originated” are substituted for “in which 50 percent or more of the dollar value added of . . . originated. If no country accounts for 50 percent or more of the dollar value, then the country of origin is the country from which the largest share of the value added originated” for clarity and to eliminate unnecessary words. In subclause (A), the word “with” is substituted for “For the purpose of determining the country of origin for engines and transmissions” are omitted as unnecessary.
In subsection (a)(4), the word “possession” is added for clarity and consistency in the revised title and with other titles of the Code.
In subsection (a)(5), the words “in such a condition” are omitted as surplus.
In subsection (a)(6), the words “United States/Canadian origin” are substituted for “U.S./Canadian origin” for consistency with the defined term restated in the revised section. The word “foreign” is omitted as being included in “foreign content”.
In subsection (a)(9), before subclause (A), the words “originated in the United States and Canada” and “U.S./Canadian origin” are omitted as unnecessary because of the defined term “of United States/Canadian origin”. In subclause (A), the words “passenger motor vehicle equipment whose purchase price contains” are substituted for “the purchase price of automotive equipment which contains” for clarity. In subclause (B), the words “that part of the individual passenger motor vehicle equipment whose purchase price the manufacturer determines remains after subtracting the total of the purchase price of all material of foreign content purchased from outside suppliers” are substituted for “the manufacturer shall determine the foreign content of any passenger motor vehicle equipment supplied by the allied supplier by adding up the purchase price of all foreign material purchased from outside suppliers that comprise the individual passenger motor vehicle equipment and subtracting such purchase price from the total purchase price of such equipment” for clarity.
In subsection (a)(10), the word “person” is substituted for “anyone” for clarity and consistency in the revised title.
In subsection (a)(11), the words “a motor vehicle with motive power, manufactured primarily for use on public streets, roads, and highways, and designed to carry not more than 12 individuals . . . not including . . . a motorcycle; or . . . a truck not designed primarily to carry its operator or passengers” are substituted for “has the meaning provided in section 1901(1) of this title” for clarity.
In subsection (a)(13), before subclause (A), the words “the percentage remaining after subtracting” are substituted for “the resulting percentage when . . . is subtracted” for clarity.
In subsection (a)(15), before subclause (A), the words “ ‘Value added’ equals” are omitted as unnecessary because of the restatement.
The text of 15:1950(f)(2) is omitted as unnecessary because of 1:1. The text of 15:1950(f)(8) is omitted because the complete title of the Secretary of Transportation is used the first time the term appears in a section.
In subsection (b)(1)(A), the words “to which that vehicle belongs” are added for clarity.
In subsection (b)(3), the text of 15:1950(b)(3) (1st sentence) is omitted as unnecessary because of the source provisions restated in this subsection.
Subsection (c) is substituted for “and each dealer shall cause to be maintained” for clarity and because of the restatement.
In subsection (e), the words “passenger motor vehicle equipment” are substituted for “a component” for clarity and for consistency with the defined term. The text of 15:1950(d) (last sentence) is omitted as unnecessary because of section 32308 of the revised title. The words “foreign content” are substituted for “foreign” for clarity and consistency with the defined term.
Pub. L. 103–429, §6(29)
This amends 32304(a)(11) to clarify the restatement of 15:1950(f)(3) by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1038).
Pub. L. 103–429, §6(30)
This amends 49:32304(a)(14) to reflect the inclusion of the Northern Mariana Islands and the exclusion of the Canal Zone. The words “the Northern Mariana Islands” are added because of section 502(a)(2) of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, as enacted by the Act of March 24, 1976 (Public Law 94–241, 90 Stat. 268), and as proclaimed to be in effect by the President on January 9, 1978 (Proc. No. 4534, Oct. 24, 1977, 42 F.R. 56593). The words “the Canal Zone” are omitted because of the Panama Canal Treaty of 1977.
Amendments
1998—Subsec. (a)(3)(B). Pub. L. 105–178, §7106(d)(1)(A), inserted before period at end “, plus the assembly and labor costs incurred for the final assembly of such engines and transmissions”.
Subsec. (a)(5). Pub. L. 105–178, §7106(d)(1)(B), inserted at end “Such term does not include facilities for engine and transmission fabrication and assembly and the facilities for fabrication of motor vehicle equipment component parts which are produced at the same final assembly place using forming processes such as stamping, machining, or molding processes.”
Subsec. (a)(9)(A). Pub. L. 105–178, §7106(d)(1)(C), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “for an outside supplier, passenger motor vehicle equipment whose purchase price contains at least 70 percent value added in the United States and Canada; and”.
Subsec. (c). Pub. L. 105–178, §7106(d)(3), added subsec. (c). Former subsec. (c) redesignated (f).
Subsec. (d). Pub. L. 105–178, §7106(d)(4), added subsec. (d). Former subsec. (d) redesignated (g).
Pub. L. 105–178, §7106(d)(2), inserted at end “A manufacturer may add to the label required under subsection (b) a line stating the country in which vehicle assembly was completed.”
Subsec. (e). Pub. L. 105–178, §7106(d)(5), added subsec. (e). Former subsec. (e) redesignated (h).
Subsecs. (f) to (i). Pub. L. 105–178, §7106(d)(3), redesignated subsecs. (c) to (f) as (f) to (i), respectively.
1994—Subsec. (a)(11). Pub. L. 103–429, §6(29), amended par. (11) generally. Prior to amendment, par. (11) read as follows: “ ‘passenger motor vehicle’ means a motor vehicle with motive power, manufactured primarily for use on public streets, roads, and highways, and designed to carry not more than 12 individuals—
“(A) including a multipurpose vehicle or light duty truck when the vehicle or truck is rated at not more than 8,500 pounds gross vehicle weight; but
“(B) not including—
“(i) a motorcycle;
“(ii) a truck not designed primarily to carry its operator or passengers; or
“(iii) a vehicle operated only on a rail line.”
Subsec. (a)(14). Pub. L. 103–429, §6(30), inserted “the Northern Mariana Islands,” after “Puerto Rico,” and struck out “the Canal Zone,” after “Guam,”.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
§32304A. Consumer tire information
(a)
(1)
(2)
(A) a national tire fuel efficiency rating system for motor vehicle replacement tires to assist consumers in making more educated tire purchasing decisions;
(B) requirements for providing information to consumers, including information at the point of sale and other potential information dissemination methods, including the Internet;
(C) specifications for test methods for manufacturers to use in assessing and rating tires to avoid variation among test equipment and manufacturers; and
(D) a national tire maintenance consumer education program including,1 information on tire inflation pressure, alignment, rotation, and tread wear to maximize fuel efficiency, safety, and durability of replacement tires.
(3)
(b)
(c)
(d)
(e)
(Added Pub. L. 110–140, title I, §111(a), Dec. 19, 2007, 121 Stat. 1506.)
References in Text
The date of enactment of the Ten-in-Ten Fuel Economy Act, referred to in subsec. (a)(1), (3), is the date of enactment of subtitle A (§§101–113) of title I of Pub. L. 110–140, which was approved Dec. 19, 2007.
Effective Date
Section effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as a note under section 1824 of Title 2, The Congress.
1 So in original. Probably should be “, including”.
§32305. Information and assistance from other departments, agencies, and instrumentalities
(a)
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1040.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32305 | 15:1943. | Oct. 20, 1972, Pub. L. 92–513, §203, 86 Stat. 957. |
In this section, the word “independent” is omitted as surplus.
In subsection (a), the words “he deems” and “his functions under” are omitted as surplus. The words “head of the” are added for consistency in the revised title and with other titles of the United States Code. The words “cooperate with the Secretary and” and “to the Department of Transportation upon request made by the Secretary” are omitted as surplus.
§32306. Personnel
(a)
(1) appoint and fix the pay of employees without regard to the provisions of title 5 governing appointment in the competitive service and chapter 51 and subchapter III of chapter 53 of title 5; and
(2) make contracts with persons for research and preparation of reports.
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1040.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32306(a) | 15:1942 (1st, 2d sentences). | Oct. 20, 1972, Pub. L. 92–513, §202, 86 Stat. 956. |
| 32306(b) | 15:1942 (last sentence). |
In subsection (a), before clause (1), the words “his functions under” are omitted as surplus. In clause (1), the words “as he deems necessary” are omitted as surplus. The words “chapter 51 and subchapter III of chapter 53 of title 5” are substituted for “the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates” to eliminate unnecessary words. The text of 15:1942 (1st sentence cl. (2)) is omitted as surplus because of 49:323(b). The text of 15:1942 (1st sentence cl. (4), 2d sentence) is omitted as surplus because of 49:325.
References in Text
The provisions of title 5 governing appointment in the competitive service, referred to in subsec. (a)(1), are classified generally to section 3301 et seq. of Title 5, Government Organization and Employees.
§32307. Investigative powers
(a)
(1) inspect and copy records of any person at reasonable times;
(2) order a person to file written reports or answers to specific questions, including reports or answers under oath; and
(3) conduct hearings, administer oaths, take testimony, and require (by subpena or otherwise) the appearance and testimony of witnesses and the production of records the Secretary considers advisable.
(b)
(c)
(d)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1040.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32307(a) | 15:1944(a)–(c). | Oct. 20, 1972, Pub. L. 92–513, §204, 86 Stat. 957. |
| 32307(b) | 15:1944(e). | |
| 32307(c) | 15:1944(d). | |
| 32307(d) | 15:1944(f). |
In subsection (a), before clause (1), the words “In carrying out this chapter” are substituted for “For the purpose of carrying out the provisions of this subchapter”, “In order to carry out the provisions of this subchapter”, and “relating to any function of the Secretary under this subchapter” for consistency. The words “or on the authorization of the Secretary, any officer or employee of the Department of Transportation” and “or his duly authorized agent” are omitted as surplus because of 49:322(b). In clause (1), the words “inspect and copy” are substituted for “have access to, and for the purposes of examination the right to copy”, and the word “records” is substituted for “documentary evidence” and “materials and information”, for consistency and to eliminate unnecessary words. The words “relevant to the study authorized by this subchapter” are omitted as surplus. In clause (2), the word “order” is substituted for “require, by general or special orders” to eliminate unnecessary words. The words “in such form as the Secretary may prescribe” and “shall be filed with the Secretary within such reasonable period as the Secretary may prescribe” are omitted as surplus because of 49:322(a). In clause (3), the words “sit and act at such times and places” are omitted as being included in “conduct hearings”.
In subsection (c), the words “A civil action to enforce a subpena or order of the Secretary under subsection (a) of this section may be brought in the United States district court for the judicial district in which the proceeding by the Secretary is conducted” are substituted for 15:1944(d) (words before semicolon) for consistency in the revised title and to eliminate unnecessary words.
In subsection (d), the words “reported to or otherwise” are omitted as surplus. The words “or such officer or employee” are omitted for consistency with subsection (a) of this section. The words “related to a confidential matter referred to” are substituted for “contains or relates to a trade secret or other matter referred to” to eliminate unnecessary words. The words “a committee of Congress authorized to have the information” are substituted for “the duly authorized committees of the Congress” for clarity.
§32308. General prohibitions, civil penalty, and enforcement
(a)
(1) fail to provide the Secretary of Transportation with information requested by the Secretary in carrying out this chapter; or
(2) fail to comply with applicable regulations prescribed by the Secretary in carrying out this chapter.
(b)
(2) The Secretary may compromise the amount of a civil penalty imposed under this section.
(3) In determining the amount of a penalty or compromise, the appropriateness of the penalty or compromise to the size of the business of the person charged and the gravity of the violation shall be considered.
(4) The Government may deduct the amount of a civil penalty imposed or compromised under this section from amounts it owes the person liable for the penalty.
(c)
(d)
(2) When practicable, the Secretary shall—
(A) notify a person against whom an action under this subsection is planned;
(B) give the person an opportunity to present that person's views; and
(C) give the person a reasonable opportunity to comply.
(3) The failure of the Secretary to comply with paragraph (2) of this subsection does not prevent a court from granting appropriate relief.
(e)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1041; Pub. L. 110–140, title I, §111(b), Dec. 19, 2007, 121 Stat. 1507.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32308(a) | 15:1946. | Oct. 20, 1972, Pub. L. 92–513, §§206–208, 86 Stat. 959. |
| 32308(b)(1) | 15:1948(a). | |
| 32308(b) (2)–(4) | 15:1948(b). | |
| 32308(c) | 15:1947 (1st–3d sentences). | |
| 32308(d) | 15:1947 (last sentence). | |
| 15:1948(c). |
In subsection (a)(1), the words “data or” are omitted as surplus.
In subsection (b)(1), the words “Each failure to provide information or comply with a regulation” are substituted for “with respect to each failure or refusal to comply with a requirement thereunder” for clarity.
In subsection (c), the words “The Attorney General may bring a civil action” are substituted for “Upon petition by the Attorney General on behalf of the United States” for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.) and to eliminate unnecessary words. The words “for cause shown” are omitted as surplus. The words “and subject to the provisions of rule 65(a) and (b) of the Federal Rules of Civil Procedure” are omitted as surplus because the rules apply in the absence of an exception from them.
Subsection (d) is substituted for 15:1947 (last sentence) and 1948(c) for clarity and consistency in this part by restating 15:1917(c)(3) and (4).
Amendments
2007—Subsecs. (c) to (e). Pub. L. 110–140 added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively.
Effective Date of 2007 Amendment
Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under section 1824 of Title 2, The Congress.
§32309. Civil penalty for labeling violations
(a)
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1042; Pub. L. 103–429, §6(31), Oct. 31, 1994, 108 Stat. 4380.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32309(a) | (no source). | |
| 32309(b) | 15:1950(e). | Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §210(e); added Oct. 6, 1992, Pub. L. 102–388, §355, 106 Stat. 1557. |
Subsection (a) is added to ensure that the definitions in 15:1950(f), restated in section 32304 of the revised title, apply to the source provision restated in this section.
In subsection (b), the words “Each failure to attach or maintain that label” are substituted for “Such failure” for clarity.
Pub. L. 103–429
This amends the catchline for 49:32309 to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1042).
Amendments
1994—Pub. L. 103–429 substituted “Civil” for “Criminal” in section catchline.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
CHAPTER 325—BUMPER STANDARDS
Amendments
1998—Pub. L. 105–362, title XV, §1501(e)(2), Nov. 10, 1998, 112 Stat. 3295, struck out item 32510 “Annual report”.
§32501. Purpose
The purpose of this chapter is to reduce economic loss resulting from damage to passenger motor vehicles involved in motor vehicle accidents by providing for the maintenance and enforcement of bumper standards.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1042.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32501 | 15:1911. | Oct. 20, 1972, Pub. L. 92–513, §101, 86 Stat. 948. |
The words “The Congress finds that it is necessary” are omitted as surplus. The word “maintenance” is substituted for “promulgation” for clarity.
§32502. Bumper standards
(a)
(1) intended only for export;
(2) labeled for export on the vehicle or equipment and the outside of any container of the vehicle or equipment; and
(3) exported.
(b)
(1) may not conflict with a motor vehicle safety standard prescribed under chapter 301 of this title;
(2) may not specify a dollar amount for the cost of repairing damage to a passenger motor vehicle; and
(3) to the greatest practicable extent, may not preclude the attachment of a detachable hitch.
(c)
(1) a multipurpose passenger vehicle;
(2) a make, model, or class of a passenger motor vehicle manufactured for a special use, if the standard would interfere unreasonably with the special use of the vehicle; or
(3) a passenger motor vehicle for which an application for an exemption under section 30013(b) 1 of this title has been filed in accordance with the requirements of that section.
(d)
(1) the costs and benefits of carrying out the standard;
(2) the effect of the standard on insurance costs and legal fees and costs;
(3) savings in consumer time and inconvenience; and
(4) health and safety, including emission standards.
(e)
(f)
(g)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1042; Pub. L. 105–277, div. A, §101(g) [title III, §351(b)(1)], Oct. 21, 1998, 112 Stat. 2681–439, 2681–476.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32502(a) | 15:1912(a). | Oct. 20, 1972, Pub. L. 92–513, §§102, 104(d), 86 Stat. 949. |
| 32502(b)(1) | 15:1912(b)(2). | |
| 32502(b)(2) | 15:1901(6) (words after semicolon). | Oct. 20, 1972, Pub. L. 92–513, §2(6) (words after semicolon), 86 Stat. 948; Dec. 22, 1975, Pub. L. 94–163, §301, 89 Stat. 901; Oct. 10, 1980, Pub. L. 96–425, §8(a)(2), 94 Stat. 1828; Oct. 25, 1984, Pub. L. 98–547, §101(b), 98 Stat. 2767. |
| 32502(b)(3) | 15:1912(c)(2). | |
| 32502(c) | 15:1912(c)(1). | |
| 32502(d) | 15:1912(b)(1). | |
| 32502(e) | 15:1912(e). | |
| 32502(f) | 15:1912(d). | |
| 32502(g) | 15:1914(d). |
In subsection (a), before clause (1), the words “Subject to subsections (b) through (e) of this section” are omitted as surplus. The words “shall prescribe by regulation” are substituted for “by rule . . . shall promulgate” for clarity. The words “may prescribe by regulation” are substituted for “by rule . . . may promulgate” for consistency.
In subsection (c), before clause (1), the words “In promulgating any bumper standard under this subchapter” are omitted as surplus. The words “from any part of a standard” are substituted for “partially or completely” for clarity and consistency.
In subsection (d), before clause (1), the words “to the public” are substituted for “to the public and to the consumer” because they are inclusive. In clause (2), the word “prospective” is omitted as surplus.
In subsection (e), the words “Section 553 of title 5 applies to a standard prescribed under this section” are substituted for “All rules establishing, amending, or revoking a bumper standard under this subchapter shall be issued pursuant to section 553 of title 5”, the words “opportunity to make oral and written presentations of information, views, and arguments” are substituted for “opportunity for oral presentation of data, views, or arguments, and the opportunity to make written submissions”, the words “Under conditions prescribed by the Secretary” are substituted for “in accordance with such conditions or limitations as he may make applicable thereto”, and the words “material to a standard” are substituted for “material to the establishing, amending, or revoking of a bumper standard”, to eliminate unnecessary words.
In subsection (f), the words “However, the Secretary may prescribe a later date when the Secretary submits” are substituted for “unless the Secretary presents” for clarity. The word “reasons” is substituted for “a detailed explanation of the reasons” to eliminate unnecessary words.
Amendments
1998—Subsec. (c). Pub. L. 105–277, §101(g) [title III, §351(b)(1)(A)], substituted “all or any part of a standard” for “any part of a standard” in introductory provisions.
Subsec. (c)(3). Pub. L. 105–277, §101(g) [title III, §351(b)(1)(B)–(D)], added par. (3).
1 So in original. Probably should be section “30113(b)”.
§32503. Judicial review of bumper standards
(a)
(b)
(c)
(2) The Secretary may modify findings of fact or make new findings because of the additional evidence presented. The Secretary shall file a modified or new finding, a recommendation to modify or set aside a standard, and the additional evidence with the court.
(d)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1043.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32503(a) | 15:1913(a) (1st sentence), (c). | Oct. 20, 1972, Pub. L. 92–513, §103, 86 Stat. 950. |
| 32503(b) | 15:1913(a) (2d, last sentences). | |
| 32503(c) | 15:1913(b). | |
| 32503(d) | 15:1913(d), (e). |
In subsection (a), the words “may apply for” are added for clarity. The text of 15:1913(c) is omitted because 5:ch. 7 applies unless otherwise stated.
In subsection (b), the words “or his delegate” and “thereupon” are omitted as surplus. The words “in which the standard was prescribed” are substituted for “on which the Secretary based his rule, as provided in section 2112 of title 28” to eliminate unnecessary words.
In subsection (c)(1), the words “On request of the petitioner” are substituted for “If the petitioner applies to the court for leave to adduce” to eliminate unnecessary words. The words “the Secretary to receive” are substituted for “to be taken before the Secretary, and to be adduced in a hearing” for clarity. The words “in such manner and upon such terms and conditions as the court may deem proper” are omitted as surplus.
In subsection (c)(2), the words “with the court” are substituted for “with the return of” for clarity.
In subsection (d), the words “affirming or setting aside, in whole or in part, any such rule of the Secretary” are omitted as surplus. The words “may be reviewed only” are substituted for “shall be final, subject to review” for clarity. The words “and not in lieu of” are omitted as surplus.
§32504. Certificates of compliance
Under regulations prescribed by the Secretary of Transportation, a manufacturer or distributor of a passenger motor vehicle or passenger motor vehicle equipment subject to a standard prescribed under section 32502 of this title shall give the distributor or dealer at the time of delivery a certificate that the vehicle or equipment complies with the standard.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1044.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32504 | 15:1915(c). | Oct. 20, 1972, Pub. L. 92–513, §105(c), 86 Stat. 952. |
The words “Under regulations prescribed by the Secretary of Transportation” are substituted for 15:1915(c)(1) (last sentence) to eliminate unnecessary words. The text of 15:1915(c)(2) is omitted as surplus because this section only applies to a vehicle or equipment subject to a standard prescribed under section 32502 of the revised title, and a standard prescribed under that section does not apply to a vehicle or equipment intended only for export, labeled for export, and exported.
§32505. Information and compliance requirements
(a)
(A) keep records;
(B) make reports;
(C) provide items and information, including vehicles and equipment for testing at a negotiated price not more than the manufacturer's cost; and
(D) allow an officer or employee designated by the Secretary to inspect vehicles and relevant records of the manufacturer.
(2) To enforce this chapter, an officer or employee designated by the Secretary, on presenting appropriate credentials and a written notice to the owner, operator, or agent in charge, may inspect a facility in which passenger motor vehicles or passenger motor vehicle equipment is manufactured, held for introduction in interstate commerce, or held for sale after introduction in interstate commerce. An inspection shall be conducted at a reasonable time, in a reasonable way, and with reasonable promptness.
(b)
(A) inspect and copy records of any person at reasonable times;
(B) order a person to file written reports or answers to specific questions, including reports or answers under oath; and
(C) conduct hearings, administer oaths, take testimony, and require (by subpena or otherwise) the appearance and testimony of witnesses and the production of records the Secretary considers advisable.
(2) A witness summoned under this subsection is entitled to the same fee and mileage the witness would have been paid in a court of the United States.
(3) A civil action to enforce a subpena or order of the Secretary under this subsection may be brought in the United States district court for any judicial district in which the proceeding by the Secretary is conducted. The court may punish a failure to obey an order of the court to comply with the subpena or order of the Secretary as a contempt of court.
(c)
(A) to another officer or employee of the United States Government for use in carrying out this chapter; or
(B) in a proceeding under this chapter.
(2) This subsection does not authorize information to be withheld from a committee of Congress authorized to have the information.
(3) Subject to paragraph (1) of this subsection, the Secretary, on request, shall make available to the public at cost information the Secretary submits or receives in carrying out this chapter.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1044; Pub. L. 103–429, §6(32), Oct. 31, 1994, 108 Stat. 4380.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32505(a)(1) | 15:1915(a). | Oct. 20, 1972, Pub. L. 92–513, §§104(a), (b), 105(a), (b), 109, 86 Stat. 950, 951, 952, 955. |
| 32505(a)(2) | 15:1915(b). | |
| 32505(b)(1) | 15:1914(a)(1)–(3). | |
| 32505(b)(2) | 15:1914(a)(5). | |
| 32505(b)(3) | 15:1914(a)(4). | |
| 32505(c)(1), (2) | 15:1914(b). | |
| 32505(c)(3) | 15:1919. |
In subsection (a)(1), before clause (A), the words “To enable the Secretary of Transportation to decide whether . . . is complying” are substituted for “to enable him to determine whether such manufacturer has acted or is acting in compliance” and “determining whether such manufacturer has acted or is acting in compliance” to eliminate unnecessary words. The word “reasonably” is omitted as surplus. In clause (A), the word “keep” is substituted for “establish and maintain” for consistency in the revised title and to eliminate unnecessary words. In clause (C), the text of 15:1915(a) (2d sentence) is omitted as surplus because of 49:322(a). In clause (D), the words “upon request” and “duly” are omitted as surplus.
In subsection (a)(2), the word “enter” is omitted as being as included in “inspect”. The word “facility” is substituted for “factory, warehouse, or establishment” to eliminate unnecessary words. The words “shall be commenced and completed” are omitted as surplus.
In subsection (b)(1), before clause (A), the words “In carrying out this chapter” are substituted for “For the purpose of carrying out the provisions of this subchapter”, “In order to carry out the provisions of this subchapter”, “relevant to any function of the Secretary under this subchapter”, and “relating to any function of the Secretary under this subchapter” for consistency. In clause (A), the words “inspect and copy” are substituted for “have access to, and for the purposes of examination the right to copy” to eliminate unnecessary words. The word “records” is substituted for “documentary evidence” for consistency. In clause (B), the word “order” is substituted for “require, by general or special orders” to eliminate unnecessary words. The words “in such form as the Secretary may prescribe” and “shall be filed with the Secretary within such reasonable period as the Secretary may prescribe” are omitted as surplus because of 49:322(a). In clause (C), the words “sit and act at such times and places” are omitted as being included in “conduct hearings”.
In subsection (b)(3), the words “A civil action to enforce a subpena or order of the Secretary under this subsection may be brought in the United States district court for the judicial district in which the proceeding by the Secretary was conducted” are substituted for 15:1914(a)(4) (words before semicolon) for consistency in the revised title and to eliminate unnecessary words.
In subsection (c)(1), before clause (A), the words “reported to or otherwise” are omitted as surplus. The words “or his representative” are omitted for consistency with subsection (b) of this section. The words “related to a confidential matter referred to” are substituted for “contains or relates to a trade secret or other matter referred to” to eliminate unnecessary words. The words “shall be considered confidential for the purpose of that section” are omitted as surplus. In clause (A), the words “of the United States Government” are added for clarity. In clause (B) the words “when relevant” are omitted as surplus.
In subsection (c)(2), the words “a committee of Congress authorized to have the information” are substituted for “the duly authorized committees of the Congress” for clarity.
In subsection (c)(3), the words “copies of any communications, documents, reports, or other” are omitted as surplus.
Pub. L. 103–429
This amends 49:32505(b)(3) to clarify the restatement of 15:1914(a)(4) by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1044).
Amendments
1994—Subsec. (b)(3). Pub. L. 103–429 substituted “any judicial district in which the proceeding by the Secretary is conducted” for “the judicial district in which the proceeding by the Secretary was conducted”.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
§32506. Prohibited acts
(a)
(1) manufacture for sale, sell, offer for sale, introduce or deliver for introduction in interstate commerce, or import into the United States, a passenger motor vehicle or passenger motor vehicle equipment manufactured on or after the date an applicable standard under section 32502 of this title takes effect, unless it conforms to the standard;
(2) fail to comply with an applicable regulation prescribed by the Secretary of Transportation under this chapter;
(3) fail to keep records, refuse access to or copying of records, fail to make reports or provide items or information, or fail or refuse to allow entry or inspection, as required by this chapter or a regulation prescribed under this chapter; or
(4) fail to provide the certificate required by section 32504 of this title, or provide a certificate that the person knows, or in the exercise of reasonable care has reason to know, is false or misleading in a material respect.
(b)
(1) the sale, offer for sale, or introduction or delivery for introduction in interstate commerce of a passenger motor vehicle or passenger motor vehicle equipment after the first purchase of the vehicle or equipment in good faith other than for resale (but this clause does not prohibit a standard from requiring that a vehicle or equipment be manufactured to comply with the standard over a specified period of operation or use); or
(2) a person—
(A) establishing that the person had no reason to know, by exercising reasonable care, that the vehicle or equipment does not comply with the standard; or
(B) holding, without knowing about a noncompliance and before that first purchase, a certificate issued under section 32504 of this title stating that the vehicle or equipment complies with the standard.
(c)
(A) comply, after importation, with the standards prescribed under section 32502 of this title;
(B) be exported; or
(C) be abandoned to the United States Government.
(2) The Secretaries may prescribe joint regulations that allow a passenger motor vehicle or passenger motor vehicle equipment to be imported into the United States after the first purchase in good faith other than for resale.
(d)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1045; Pub. L. 105–277, div. A, §101(g) [title III, §351(b)(2)], Oct. 21, 1998, 112 Stat. 2681–439, 2681–476.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32506(a) | 15:1916(a). | Oct. 20, 1972, Pub. L. 92–513, §106, 86 Stat. 952. |
| 32506(b) | 15:1916(b)(1), (2). | |
| 32506(c) | 15:1916(b)(3), (4). | |
| 32506(d) | 15:1916(c). |
In subsection (a)(4), the words “required by such subsection to the effect that a passenger motor vehicle or passenger motor vehicle equipment conforms to all applicable bumper standards” are omitted as surplus.
In subsection (c)(1), before clause (A), the word “conditions” is substituted for “such terms and conditions” to eliminate unnecessary words. In clause (A), the words “comply, after importation” are substituted for “brought into conformity” for clarity and consistency.
Amendments
1998—Subsec. (a). Pub. L. 105–277 inserted “and section 32502 of this title” after “Except as provided in this section” in introductory provisions.
§32507. Penalties and enforcement
(a)
(A) that does not comply with a standard prescribed under section 32502 of this title; or
(B) for which a certificate is not provided, or for which a false or misleading certificate is provided, under section 32504 of this title.
(2) The maximum civil penalty under this subsection for a related series of violations is $800,000.
(3) The Secretary of Transportation imposes a civil penalty under this subsection. The Attorney General or the Secretary, with the concurrence of the Attorney General, shall bring a civil action in a United States district court to collect the penalty.
(b)
(c)
(2) When practicable, the Secretary shall—
(A) notify a person against whom an action under this subsection is planned;
(B) give the person an opportunity to present that person's views; and
(C) except for a knowing and willful violation, give the person a reasonable opportunity to comply.
(3) The failure of the Secretary to comply with paragraph (2) of this subsection does not prevent a court from granting appropriate relief.
(d)
(e)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1046.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32507(a) | 15:1917(a). | Oct. 20, 1972, Pub. L. 92–513, § 107, 86 Stat. 953. |
| 32507(b) | 15:1917(b). | |
| 32507(c) | 15:1917(c)(1). | |
| 32507(d) | 15:1917(c)(2). | |
| 32507(e) | 15:1917(c)(3), (4). |
In subsection (a)(3), the words “by any of the Secretary's attorneys designated by the Secretary for such purpose” are omitted as surplus.
In subsection (b), the words “fined under title 18” are substituted for “fined not more than $50,000” for consistency with title 18. The words “If the person is a corporation, the penalties of this subsection also apply” are substituted for “If a corporation violates section 1916(a)(1) of this title after having received notice of noncompliance from the Secretary . . . shall be subject to penalties under this section in addition to the corporation”, the word “act” is substituted for “acts or practices”, and the words “any part of the violation” are substituted for “in whole or in part such violation”, to eliminate unnecessary words.
In subsection (c)(1), the words “may bring a civil action” are substituted for “Upon petition . . . on behalf of the United States . . . have jurisdiction” for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.) and to eliminate unnecessary words. The words “for cause shown and subject to the provisions of rule 65(a) and (b) of the Federal Rules of Civil Procedure” are omitted as surplus because the rules apply in the absence of an exemption from them. The word “enjoin” is substituted for “restrain” for consistency.
In subsection (d), the words “the defendant may demand a jury trial” are substituted for “trial shall be by the court, or, upon demand of the accused, by a jury” to eliminate unnecessary words and for consistency in the revised title.
In subsection (e), the words “any act or transaction constituting” are omitted as surplus. The word “resides” is substituted for “is an inhabitant” for consistency and to eliminate unnecessary words.
§32508. Civil actions by owners of passenger motor vehicles
When an owner of a passenger motor vehicle sustains damages as a result of a motor vehicle accident because the vehicle did not comply with a standard prescribed under section 32502 of this title, the owner may bring a civil action against the manufacturer to recover the damages. The action may be brought in the United States District Court for the District of Columbia or in the United States district court for the judicial district in which the owner resides. The action must be brought not later than 3 years after the date of the accident. The court shall award costs and a reasonable attorney's fee to the owner when a judgment is entered for the owner.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1047.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32508 | 15:1918. | Oct. 20, 1972, Pub. L. 92–513, §108, 86 Stat. 955. |
The words “applicable Federal” are omitted as surplus. The words “when a judgment is entered for the owner” are substituted for “in the case of any such successful action to recover that amount” to eliminate unnecessary words.
§32509. Information and assistance from other departments, agencies, and instrumentalities
(a)
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1047.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32509 | 15:1914(c). | Oct. 20, 1972, Pub. L. 92–513, §104(c), 86 Stat. 951. |
In subsection (a), the words “he deems” and “his functions under” are omitted as surplus. The words “head of the” are added for consistency in the revised title and with other titles of the United States Code. The words “cooperate with the Secretary and” and “to the Department of Transportation upon request made by the Secretary” are omitted as surplus.
[§32510. Repealed. Pub. L. 105–362, title XV, §1501(e)(1), Nov. 10, 1998, 112 Stat. 3294]
Section, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1047, related to annual report by Secretary of Transportation to Congress and the President concerning bumper standards.
§32511. Relationship to other motor vehicle standards
(a)
(b)
(1) does not conflict with a standard prescribed under chapter 301 of this title; and
(2) was in effect or prescribed by the State on October 20, 1972.
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1047.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32511(a) | 15:1920(a). | Oct. 20, 1972, Pub. L. 92–513, §110, 86 Stat. 955. |
| 32511(b) | 15:1920(b)(1). | |
| 32511(c) | 15:1920(b)(2). |
In subsection (a), the words “may prescribe or enforce . . . only if the standard is identical” are substituted for “no . . . shall have any authority to establish or enforce with respect to . . . which is not identical” to eliminate unnecessary words. The words “a standard prescribed under section 32502 of this title” are substituted for “Federal bumper standard” for clarity.
In subsection (b), before clause (1), the words “to continue” are omitted as surplus. The words “a bumper standard about an aspect of performance . . . not covered by a standard prescribed under section 32502 of this title” are substituted for “Until a Federal bumper standard takes effect with respect to an aspect of performance” and “any bumper standard which is applicable to the same aspect of performance of such vehicle or item of equipment” to eliminate unnecessary words. The words “if the State bumper standard” are added for clarity.
In subsection (c), the words “that imposes additional or higher standards of performance than” are substituted for “which is not identical to . . . if such requirement imposes an additional or higher standard of performance” for clarity and to eliminate unnecessary words.
CHAPTER 327—ODOMETERS
§32701. Findings and purposes
(a)
(1) buyers of motor vehicles rely heavily on the odometer reading as an index of the condition and value of a vehicle;
(2) buyers are entitled to rely on the odometer reading as an accurate indication of the mileage of the vehicle;
(3) an accurate indication of the mileage assists a buyer in deciding on the safety and reliability of the vehicle; and
(4) motor vehicles move in, or affect, interstate and foreign commerce.
(b)
(1) to prohibit tampering with motor vehicle odometers; and
(2) to provide safeguards to protect purchasers in the sale of motor vehicles with altered or reset odometers.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1048.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32701(a) | 15:1981 (1st sentence). | Oct. 20, 1972, Pub. L. 92–513, §401, 86 Stat. 961. |
| 32701(b) | 15:1981 (last sentence). |
§32702. Definitions
In this chapter—
(1) “auction company” means a person taking possession of a motor vehicle owned by another to sell at an auction.
(2) “dealer” means a person that sold at least 5 motor vehicles during the prior 12 months to buyers that in good faith bought the vehicles other than for resale.
(3) “distributor” means a person that sold at least 5 motor vehicles during the prior 12 months for resale.
(4) “leased motor vehicle” means a motor vehicle leased to a person for at least 4 months by a lessor that leased at least 5 vehicles during the prior 12 months.
(5) “odometer” means an instrument for measuring and recording the distance a motor vehicle is driven, but does not include an auxiliary instrument designed to be reset by the operator of the vehicle to record mileage of a trip.
(6) “repair” and “replace” mean to restore to a sound working condition by replacing any part of an odometer or by correcting any inoperative part of an odometer.
(7) “title” means the certificate of title or other document issued by the State indicating ownership.
(8) “transfer” means to change ownership by sale, gift, or any other means.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1048; Pub. L. 104–287, §5(61), Oct. 11, 1996, 110 Stat. 3394.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32702(1) | 15:1982(8). | Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §402(6)–(8); added Oct. 28, 1986, Pub. L. 99–579, §2(b), 100 Stat. 3310. |
| 32702(2) | 15:1982(1). | Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §402(1), (2); added July 14, 1976, Pub. L. 94–364, §401(2), 90 Stat. 983. |
| 32702(3) | 15:1982(2). | |
| 32702(4) | 15:1982(7). | |
| 32702(5) | 15:1982(3). | Oct. 20, 1972, Pub. L. 92–513, §402(3)–(5), 86 Stat. 961; July 14, 1976, Pub. L. 94–364, §401(1), 90 Stat. 983. |
| 32702(6) | 15:1982(4). | |
| 32702(7) | 15:1982(6). | |
| 32702(8) | 15:1982(5). |
In clause (1), the words “(whether through consignment or bailment or through any other arrangement)” and “such motor vehicle” are omitted as surplus.
In clause (4), the words “a term of” are omitted as surplus.
In clause (5), the words “the distance a motor vehicle is driven” are substituted for “the actual distance a motor vehicle travels while in operation” for clarity and to eliminate unnecessary words.
Pub. L. 104–287
This amends 49:32702(8) and 32705 to clarify the restatement of 15:1982(5) and 1988 by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1049).
Amendments
1996—Par. (8). Pub. L. 104–287 inserted “any” after “or”.
Effective Date of 1996 Amendment
Amendment by Pub. L. 104–287 effective July 5, 1994, see section 8(1) of Pub. L. 104–287, set out as a note under section 5303 of this title.
§32703. Preventing tampering
A person may not—
(1) advertise for sale, sell, use, install, or have installed, a device that makes an odometer of a motor vehicle register a mileage different from the mileage the vehicle was driven, as registered by the odometer within the designed tolerance of the manufacturer of the odometer;
(2) disconnect, reset, alter, or have disconnected, reset, or altered, an odometer of a motor vehicle intending to change the mileage registered by the odometer;
(3) with intent to defraud, operate a motor vehicle on a street, road, or highway if the person knows that the odometer of the vehicle is disconnected or not operating; or
(4) conspire to violate this section or section 32704 or 32705 of this title.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1049; Pub. L. 103–429, §6(33), Oct. 31, 1994, 108 Stat. 4380.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32703(1) | 15:1983. | Oct. 20, 1972, Pub. L. 92–513, §403, 86 Stat. 962; July 14, 1976, Pub. L. 94–364, §402, 90 Stat. 983. |
| 32703(2) | 15:1984. | Oct. 20, 1972, Pub. L. 92–513, §§404, 405, 86 Stat. 962; restated July 14, 1976, Pub. L. 94–364, §§403, 404, 90 Stat. 983. |
| 32703(3) | 15:1985. | |
| 32703(4) | 15:1986. | Oct. 20, 1972, Pub. L. 92–513, §406, 86 Stat. 962. |
In clause (1), the words “the mileage the vehicle was driven, as registered by the odometer within the designed tolerance of the manufacturer of the odometer” are substituted for “the true mileage driven. For purposes of this section, the true mileage driven is that mileage driven by the vehicle as registered by the odometer within the manufacturer's designed tolerance” to eliminate unnecessary words.
In clause (3), the words “public” and “road” are added for consistency in this subtitle.
Pub. L. 103–429
This amends 49:32703(3) to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1049).
Amendments
1994—Par. (3). Pub. L. 103–429 struck out “public” before “street”.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
§32704. Service, repair, and replacement
(a)
(1) the person shall adjust the odometer to read zero; and
(2) the owner of the vehicle or agent of the owner shall attach a written notice to the left door frame of the vehicle specifying the mileage before the service, repair, or replacement and the date of the service, repair, or replacement.
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1049.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32704 | 15:1987. | Oct. 20, 1972, Pub. L. 92–513, §407, 86 Stat. 962; July 14, 1976, Pub. L. 94–364, §405, 90 Stat. 983. |
In subsection (b), the text of 15:1987(b)(1) is omitted as surplus.
§32705. Disclosure requirements on transfer of motor vehicles
(a)(1)
(A) Disclosure of the cumulative mileage registered on the odometer.
(B) Disclosure that the actual mileage is unknown, if the transferor knows that the odometer reading is different from the number of miles the vehicle has actually traveled.
(2) A person transferring ownership of a motor vehicle may not violate a regulation prescribed under this section or give a false statement to the transferee in making the disclosure required by such a regulation.
(3) A person acquiring a motor vehicle for resale may not accept a written disclosure under this section unless it is complete.
(4)(A) This subsection shall apply to all transfers of motor vehicles (unless otherwise exempted by the Secretary by regulation), except in the case of transfers of new motor vehicles from a vehicle manufacturer jointly to a dealer and a person engaged in the business of renting or leasing vehicles for a period of 30 days or less.
(B) For purposes of subparagraph (A), the term “new motor vehicle” means any motor vehicle driven with no more than the limited use necessary in moving, transporting, or road testing such vehicle prior to delivery from the vehicle manufacturer to a dealer, but in no event shall the odometer reading of such vehicle exceed 300 miles.
(5) The Secretary may exempt such classes or categories of vehicles as the Secretary deems appropriate from these requirements. Until such time as the Secretary amends or modifies the regulations set forth in 49 CFR 580.6, such regulations shall have full force and effect.
(b)
(2)(A) Under regulations prescribed by the Secretary, if the title to a motor vehicle issued to a transferor by a State is in the possession of a lienholder when the transferor transfers ownership of the vehicle, the transferor may use a written power of attorney (if allowed by State law) in making the mileage disclosure required under subsection (a) of this section. Regulations prescribed under this paragraph—
(i) shall prescribe the form of the power of attorney;
(ii) shall provide that the form be printed by means of a secure printing process (or other secure process);
(iii) shall provide that the State issue the form to the transferee;
(iv) shall provide that the person exercising the power of attorney retain a copy and submit the original to the State with a copy of the title showing the restatement of the mileage;
(v) may require that the State retain the power of attorney and the copy of the title for an appropriate period or that the State adopt alternative measures consistent with section 32701(b) of this title, after considering the costs to the State;
(vi) shall ensure that the mileage at the time of transfer be disclosed on the power of attorney document;
(vii) shall ensure that the mileage be restated exactly by the person exercising the power of attorney in the space referred to in paragraph (3)(A)(iii) of this subsection;
(viii) may not require that a motor vehicle be titled in the State in which the power of attorney was issued;
(ix) shall consider the need to facilitate normal commercial transactions in the sale or exchange of motor vehicles; and
(x) shall provide other conditions the Secretary considers appropriate.
(B) Section 32709(a) and (b) applies to a person granting or granted a power of attorney under this paragraph.
(3)(A) A motor vehicle the ownership of which is transferred may not be licensed for use in a State unless the title issued by the State to the transferee—
(i) is produced by means of a secure printing process (or other secure process);
(ii) indicates the mileage disclosure required to be made under subsection (a) of this section; and
(iii) contains a space for the transferee to disclose the mileage at the time of a future transfer and to sign and date the disclosure.
(B) Subparagraph (A) of this paragraph does not require a State to verify, or preclude a State from verifying, the mileage information contained in the title.
(c)
(2) Under those regulations, the lessor shall provide written notice to the lessee of—
(A) the lessee's mileage disclosure requirements under paragraph (1) of this subsection; and
(B) the penalties for failure to comply with those requirements.
(3) The lessor shall retain the disclosures made by a lessee under paragraph (1) of this subsection for at least 4 years following the date the lessor transfers the leased motor vehicle.
(4) If the lessor transfers ownership of a leased motor vehicle without obtaining possession of the vehicle, the lessor, in making the disclosure required by subsection (a) of this section, may indicate on the title the mileage disclosed by the lessee under paragraph (1) of this subsection unless the lessor has reason to believe that the disclosure by the lessee does not reflect the actual mileage of the vehicle.
(d)
(e)
(1) the name of the most recent owner of the motor vehicle (except the auction company) and the name of the buyer of the motor vehicle.
(2) the vehicle identification number required under chapter 301 or 331 of this title.
(3) the odometer reading on the date the auction company took possession of the motor vehicle.
(f)
(2) If a State requests, the Secretary shall assist the State in revising its laws to comply with subsection (b) of this section. If a State requires time beyond April 28, 1989, to revise its laws to achieve compliance, the Secretary, on request of the State, may grant additional time that the Secretary considers reasonable by publishing a notice in the Federal Register. The notice shall include the reasons for granting the additional time. In granting additional time, the Secretary shall ensure that the State is making reasonable efforts to achieve compliance.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1049; Pub. L. 103–429, §6(34), Oct. 31, 1994, 108 Stat. 4380; Pub. L. 104–287, §5(62), Oct. 11, 1996, 110 Stat. 3394; Pub. L. 105–178, title VII, §7105, June 9, 1998, 112 Stat. 467.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32705(a) | 15:1988(a). | Oct. 20, 1972, Pub. L. 92–513, §408(a), 86 Stat. 962. |
| 15:1988(b) (related to false statements). | Oct. 20, 1972, Pub. L. 92–513, §408(b) (related to false statements), 86 Stat. 963; restated July 14, 1976, Pub. L. 94–364, §406, 90 Stat. 983. | |
| 15:1988(c). | Oct. 20, 1972, Pub. L. 92–513, §408(c), 86 Stat. 963; restated July 14, 1976, Pub. L. 94–364, §406, 90 Stat. 984. | |
| 32705(b)(1) | 15:1988(d)(1)(A), (B). | Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §408(d)(1)(A), (B), (2)–(g); added Oct. 28, 1986, Pub. L. 99–579, §2(a), 100 Stat. 3309. |
| 32705(b)(2) | 15:1988(d)(1)(C). | Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §408(d)(1)(C); added Oct. 31, 1988, Pub. L. 100–561, §401, 102 Stat. 2817; Nov. 28, 1990, Pub. L. 101–641, §7(a), 104 Stat. 4657. |
| 15:1988 (note). | Nov. 28, 1990, Pub. L. 101–641, §7(b) (last sentence), 104 Stat. 4657. | |
| 32705(b)(3) | 15:1988(d)(2). | |
| 32705(c) | 15:1988(e). | |
| 32705(d) | 15:1988(f). | |
| 32705(e) | 15:1988(g). | |
| 32705(f) | 15:1988 (note). | Oct. 28, 1986, Pub. L. 99–579, §2(c), 100 Stat. 3310. |
In subsection (a)(1), before clause (A), the words “Not later than 90 days after October 20, 1972” are omitted as executed. In clause (B), the words “if the transferor knows that the mileage registered by the odometer is incorrect” are substituted for “if the odometer reading is known to the transferor to be different from the number of miles the vehicle has actually traveled” to eliminate unnecessary words.
In subsection (b)(2)(A), before clause (i), the words “Under regulations prescribed by the Secretary” are substituted for “prescribed by rule by the Secretary” for consistency in the revised title and because “rule” is synonymous with “regulation”. The words “to a transferor” are added for clarity. The words “before February 1, 1989” are omitted as expired. The words “in the possession of” are substituted for “physically held by”, and the words “when the transferor transfers ownership of the vehicle” are substituted for “at the time of a transfer of such motor vehicle”, for clarity and consistency. The words “the transferor may” are substituted for “nothing in this subsection shall be construed to prohibit” for clarity and to eliminate unnecessary words. Clause (i) is substituted for “in a form” and clause (ii) is substituted for “in accordance with paragraph (2)(A)(i)” for clarity and consistency. In clause (iii), the words “consistent with the purposes of this Act and the need to facilitate enforcement thereof” are omitted as surplus. In clauses (iv), (v), (viii), and (ix), the amendment made by section 7(a) of the Independent Safety Board Act Amendments of 1990 (Public Law 101–641, 104 Stat. 4657) is restated as amending section 408(d)(1)(C) of the Motor Vehicle and Cost Savings Act (15 U.S.C. 1988(d)(1)(C)) instead of section 408(d)(2)(C) of that Act to reflect the probable intent of Congress. There is no section 408(d)(2)(C) in that Act. Clause (vii) is substituted for “and under reasonable conditions” for clarity and consistency.
In subsection (b)(3)(A), before clause (i), the words “following such transfer” are omitted as surplus. In clause (i), the word “produced” is substituted for “set forth” for clarity. In clause (iii), the words “(in the event of a future transfer)” are omitted as surplus.
In subsection (d), the text of 15:1988(f)(1) (last sentence) is omitted as surplus because of 49:322(a).
In subsection (e), before clause (1), the words “establish and” are omitted as executed.
In subsection (f)(1), the text of section 2(c)(3) of the Truth in Mileage Act of 1986 (Public Law 99–579, 100 Stat. 3311) is omitted as surplus.
Pub. L. 103–429
This amends 49:32705(c)(2)(A) to clarify the restatement of 15:1988(e)(2)(A) by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1051).
Pub. L. 104–287
This amends 49:32702(8) and 32705 to clarify the restatement of 15:1982(5) and 1988 by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1049).
Amendments
1998—Subsec. (a)(4), (5). Pub. L. 105–178 added pars. (4) and (5).
1996—Subsec. (a). Pub. L. 104–287, §5(62)(A), substituted “Disclosure requirements” for “Written disclosure requirements” in heading and amended text generally. Prior to amendment, text read as follows:
“(1) Under regulations prescribed by the Secretary of Transportation, a person transferring ownership of a motor vehicle shall give the transferee a written disclosure—
“(A) of the cumulative mileage registered by the odometer; or
“(B) that the mileage is unknown if the transferor knows that the mileage registered by the odometer is incorrect.
“(2) A person making a written disclosure required by a regulation prescribed under paragraph (1) of this subsection may not make a false statement in the disclosure.
“(3) A person acquiring a motor vehicle for resale may accept a disclosure under this section only if it is complete.
“(4) The regulations prescribed by the Secretary shall provide the way in which information is disclosed and retained under this section.”
Subsec. (b)(3)(A). Pub. L. 104–287, §5(62)(B), substituted “may not be licensed for use in a State unless” for “may be licensed for use in a State only if” in introductory provisions.
1994—Subsec. (c)(2)(A). Pub. L. 103–429 amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “the mileage disclosure requirements of subsection (a) of this section; and”.
Effective Date of 1996 Amendment
Amendment by Pub. L. 104–287 effective July 5, 1994, see section 8(1) of Pub. L. 104–287, set out as a note under section 5303 of this title.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
Regulations
Section 4(q) of Pub. L. 103–272 provided that: “The revision of regulations, referred to in section 32705(b)(2)(A) of title 49, United States Code, as enacted by section 1 of this Act, that is required by section 7 of the Independent Safety Board Act Amendments of 1990 (Public Law 101–641, 104 Stat. 4657) [former 15 U.S.C. 1988(d)(1)(C), 1988 note] shall be prescribed not later than May 28, 1991.”
§32706. Inspections, investigations, and records
(a)
(b)
(A) enter and inspect commercial premises in which a motor vehicle or motor vehicle equipment is manufactured, held for shipment or sale, maintained, or repaired;
(B) enter and inspect noncommercial premises in which the Secretary reasonably believes there is a motor vehicle or motor vehicle equipment that is an object of a violation of this chapter;
(C) inspect that motor vehicle or motor vehicle equipment; and
(D) impound for not more than 72 hours for inspection a motor vehicle or motor vehicle equipment that the Secretary reasonably believes is an object of a violation of this chapter.
(2) An inspection or impoundment under this subsection shall be conducted at a reasonable time, in a reasonable way, and with reasonable promptness. The written notice may consist of a warrant issued under section 32707 of this title.
(c)
(d)
(A) to keep records;
(B) to provide information from those records if the Secretary states the purpose for requiring the information and identifies the information to the fullest extent practicable; and
(C) to allow an officer or employee designated by the Secretary to inspect relevant records of the dealer or distributor.
(2) This subsection and subsection (e)(1)(B) of this section do not authorize the Secretary to require a dealer or distributor to provide information on a regular periodic basis.
(e)
(A) inspect and copy records of any person at reasonable times;
(B) order a person to file written reports or answers to specific questions, including reports or answers under oath; and
(C) conduct hearings, administer oaths, take testimony, and require (by subpena or otherwise) the appearance and testimony of witnesses and the production of records the Secretary considers advisable.
(2) A witness summoned under this subsection is entitled to the same fee and mileage the witness would have been paid in a court of the United States.
(3) A civil action to enforce a subpena or order of the Secretary under this subsection may be brought in the United States district court for any judicial district in which the proceeding by the Secretary is conducted. The court may punish a failure to obey an order of the court to comply with the subpena or order of the Secretary as a contempt of court.
(f)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1052; Pub. L. 103–429, §6(35), Oct. 31, 1994, 108 Stat. 4380; Pub. L. 105–102, §2(19), Nov. 20, 1997, 111 Stat. 2205.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32706(a) | 15:1990d(a)(1). | Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §§414(a)–(c), 416; added July 14, 1976, Pub. L. 94–364, §408(2), 90 Stat. 985, 988. |
| 32706(b) | 15:1990d(a)(2). | |
| 32706(c) | 15:1990d(a)(3). | |
| 32706(d) | 15:1990d(b). | |
| 32706(e)(1) | 15:1990d(c)(1)–(3). | |
| 32706(e)(2) | 15:1990d(c)(5). | |
| 32706(e)(3) | 15:1990d(c)(4). | |
| 32706(f) | 15:1990f. |
In subsection (a), the words “Subject to section 32707 of this title” are added for clarity. The words “appropriate” and “consistent with the purposes of this subsection” are omitted as surplus. The words “The Secretary may give the Attorney General information” are substituted for “Information obtained . . . may be referred to the Attorney General for investigative consideration” to eliminate unnecessary words.
In subsection (b)(1), before clause (A), the words “duly” and “stating their purpose and” are omitted as surplus. In clause (A), the words “any factory, warehouse, establishment, or other” are omitted as surplus.
In subsection (b)(2), the words “shall be commenced and completed” are omitted as surplus. The words “a warrant issued under section 32707 of this title” are substituted for “an administrative inspection warrant” for clarity.
In subsection (c), the words “the authority of” and “any item of” are omitted as surplus.
In subsection (d)(1), before clause (A), the words “the Secretary may require” are substituted for “as the Secretary may reasonably require” and “as the Secretary finds necessary” to eliminate unnecessary words. In clause (B), the words “such officer or employee” and “reason or” are omitted as surplus. In clause (C), the words “duly” and “upon request of such officer or employee” are omitted as surplus.
In subsection (d)(2), the words “and subsection (e)(1)(B) of this section” are added for clarity.
In subsection (e)(1), before clause (A), the words “In carrying out this chapter” are substituted for “For the purpose of carrying out the provisions of this subchapter”, “In order to carry out the provisions of this subchapter”, “relevant to any function of the Secretary under this subchapter”, and “relating to any function of the Secretary under this subchapter” for consistency. The words “or, with the authorization of the Secretary, any officer or employee of the Department of Transportation” and “or his duly authorized agent” are omitted as surplus because of 49:322(b). In clause (A), the words “inspect and copy” are substituted for “have access to, and for the purposes of examination the right to copy” to eliminate unnecessary words. The word “records” is substituted for “documentary evidence” for consistency. The words “having materials or information” are omitted as surplus. In clause (B), the word “order” is substituted for “require, by general or special orders” to eliminate unnecessary words. The words “in such form as the Secretary may prescribe” and “shall be filed with the Secretary within such reasonable period as the Secretary may prescribe” are omitted as surplus because of 49:322(a). In clause (C), the words “sit and act at such times and places” are omitted as being included in “conduct hearings”.
In subsection (e)(3), the words “A civil action to enforce a subpena or order of the Secretary under this subsection may be brought in the United States district court for the judicial district in which the proceeding by the Secretary was conducted” are substituted for 15:1990d(c)(4) (words before last comma) for consistency in the revised title and to eliminate unnecessary words.
Pub. L. 103–429
This amends 49:32706(e)(3) to clarify the restatement of 15:1990d(c)(4) by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1053).
Pub. L. 105–102
This amends 49:32706(c) to correct a cross-reference necessary because of the restatement of subtitle IV of title 49 by the ICC Termination Act (Public Law 104–88, 109 Stat. 803).
Amendments
1997—Subsec. (c). Pub. L. 105–102 substituted “subchapter I of chapter 135” for “subchapter II of chapter 105”.
1994—Subsec. (e)(3). Pub. L. 103–429 substituted “any judicial district in which the proceeding by the Secretary is conducted.” for “the judicial district in which the proceeding by the Secretary was conducted.”
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
§32707. Administrative warrants
(a)
(b)
(2) A judge of a court of the United States or a State court of record or a United States magistrate may issue a warrant for an inspection or impoundment under section 32706 of this title within the territorial jurisdiction of the court or magistrate. The warrant must be based on an affidavit that—
(A) establishes probable cause to issue the warrant; and
(B) is sworn to before the judge or magistrate by an officer or employee who knows the facts alleged in the affidavit.
(3) The judge or magistrate shall issue the warrant when the judge or magistrate decides there is a reasonable basis for believing that probable cause exists to issue the warrant. The warrant must—
(A) identify the premises, property, or motor vehicle to be inspected and the items or type of property to be impounded;
(B) state the purpose of the inspection, the basis for issuing the warrant, and the name of the affiant;
(C) direct an individual authorized under section 32706 of this title to inspect the premises, property, or vehicle for the purpose stated in the warrant and, when appropriate, to impound the property specified in the warrant;
(D) direct that the warrant be served during the hours specified in the warrant; and
(E) name the judge or magistrate with whom proof of service is to be filed.
(4) A warrant under this section is not required when—
(A) the owner, operator, or agent in charge of the premises consents;
(B) it is reasonable to believe that the mobility of the motor vehicle to be inspected makes it impractical to obtain a warrant;
(C) an application for a warrant cannot be made because of an emergency;
(D) records are to be inspected and copied under section 32706(e)(1)(A) of this title; or
(E) a warrant is not constitutionally required.
(c)
(2) When property is impounded under a warrant, the individual serving the warrant shall—
(A) give the person from whose possession or premises the property was impounded a copy of the warrant and a receipt for the property; or
(B) leave the copy and receipt at the place from which the property was impounded.
(3) The judge or magistrate shall file the warrant, proof of service, and all documents filed about the warrant with the clerk of the United States district court for the judicial district in which the inspection is made.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1053.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32707(a) | 15:1990e(b)(1) (last sentence). | Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §415; added July 14, 1976, Pub. L. 94–364, §408(2), 90 Stat. 987. |
| 32707(b)(1) | 15:1990e(a) (words before 1st comma). | |
| 32707(b)(2) | 15:1990e(b)(1) (1st sentence), (2) (1st sentence). | |
| 32707(b)(3) | 15:1990e(b)(2) (2d, last sentences). | |
| 32707(b)(4) | 15:1990e(a) (words after 1st comma). | |
| 32707(c)(1) | 15:1990e(b)(3) (1st, 3d–last sentences). | |
| 32707(c)(2) | 15:1990e(b)(3) (2d sentence). | |
| 32707(c)(3) | 15:1990e(b)(4). |
In subsection (a), the words “inspection or impoundment” are substituted for “administrative inspections of the area, factory, warehouse, establishment, premises, or motor vehicle, or contents thereof” to eliminate unnecessary words and for consistency in this section.
In subsection (b)(1), the words “Except as provided in paragraph (4) of this subsection” are added for clarity. The words “an inspection or impoundment” are substituted for “any entry or administrative inspection (including impoundment of motor vehicles or motor vehicle equipment)” to eliminate unnecessary words.
In subsection (b)(2), before clause (A), the words “inspection or impoundment” are substituted for “the purpose of conducting administrative inspections authorized by section 1990d of this title and impoundment of motor vehicles or motor vehicle equipment appropriate to such inspections” for consistency in this section. The words “of the court or magistrate” are substituted for “his” for clarity. The words “and upon proper oath or affirmation” are omitted as surplus because of clause (B). Clause (A) is substituted for “showing probable cause” and “and establishing the grounds for issuing the warrant” to eliminate unnecessary words.
In subsection (b)(3), before clause (A), the words “when the judge or magistrate decides there is a reasonable basis for believing that probable cause exists to issue the warrant” are substituted for “If the judge or magistrate is satisfied that grounds for the application exist or that there is a reasonable basis for believing they exist” for consistency in this section and to eliminate unnecessary words. In clauses (A) and (C), the words “area, factory, warehouse, establishment” are omitted as being included in “premises”. In clause (A), the word “property” is substituted for “and, where appropriate, the type of property to be inspected, if any” to eliminate unnecessary words. In clause (B), the words “the name of the affiant” are substituted for “the name of the person or persons whose affidavit has been taken in support thereof” to eliminate unnecessary words. In clause (C), the words “command the person to whom it is directed” are omitted as surplus. The word “property” is added for consistency with the source provisions restated in clause (A) of this paragraph. In clause (E), the words “proof of service is to be filed” are substituted for “it shall be returned” for clarity.
In subsection (b)(4)(A), the words “factory, warehouse, establishment” are omitted as being included in “premises”.
Subsection (b)(4)(C) is substituted for 15:1990e(a)(3) to eliminate unnecessary words.
In subsection (b)(4)(D), the words “are to be inspected and copied” are substituted for “for access to and examination” for consistency.
In subsection (b)(4)(E), the words “in any other situations where” are omitted as surplus.
In subsection (c)(2)(A), the words “from whose possession or” are substituted for “from whom or from whose” for clarity.
In subsection (c)(3), the words “shall file the warrant, proof of service, and all documents filed about the warrant” are substituted for “shall attach to the warrant a copy of the return and all papers filed in connection therewith and shall file them” to eliminate unnecessary words. The words “United States district court” are substituted for “district court of the United States” for consistency with the definition in section 32101 of the revised title and with other provisions of the chapter.
Change of Name
Reference to United States magistrate or to magistrate deemed to refer to United States magistrate judge pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.
§32708. Confidentiality of information
(a)
(1) to another officer or employee of the United States Government for use in carrying out this chapter; or
(2) in a proceeding under this chapter.
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1054.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32708 | 15:1990d(d). | Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §414(d); added July 14, 1976, Pub. L. 94–364, §408(2), 90 Stat. 987. |
In subsection (a), before clause (1), the words “reported to or otherwise” and “or his representative” are omitted as surplus. The words “related to a confidential matter referred to” are substituted for “contains or relates to a trade secret or other matter referred to” to eliminate unnecessary words. The words “shall be considered confidential for the purpose of that section” are omitted as surplus.
In subsection (b), the words “a committee of Congress authorized to have the information” are substituted for “the duly authorized committees of the Congress” for clarity.
§32709. Penalties and enforcement
(a)
(2) The Secretary of Transportation shall impose a civil penalty under this subsection. The Attorney General shall bring a civil action to collect the penalty. Before referring a penalty claim to the Attorney General, the Secretary may compromise the amount of the penalty. Before compromising the amount of the penalty, the Secretary shall give the person charged with a violation an opportunity to establish that the violation did not occur.
(3) In determining the amount of a civil penalty under this subsection, the Secretary shall consider—
(A) the nature, circumstances, extent, and gravity of the violation;
(B) with respect to the violator, the degree of culpability, any history of prior violations, the ability to pay, and any effect on the ability to continue doing business; and
(C) other matters that justice requires.
(b)
(c)
(d)
(A) to enjoin the violation; or
(B) to recover amounts for which the person is liable under section 32710 of this title for each person on whose behalf the action is brought.
(2) An action under this subsection may be brought in an appropriate United States district court or in a State court of competent jurisdiction. The action must be brought not later than 2 years after the claim accrues.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1054.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32709(a) | 15:1988(b) (related to violating rules). | Oct. 20, 1972, Pub. L. 92–513, §408(b) (related to violating rules), 86 Stat. 963; restated July 14, 1976, Pub. L. 94–364, §406, 90 Stat. 983. |
| 15:1990b. | Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §§412, 413; added July 14, 1976, Pub. L. 94–364, §408(2), 90 Stat. 984; Oct. 28, 1986, Pub. L. 99–579, §3, 100 Stat. 3311. | |
| 32709(b) | 15:1988(b) (related to violating rules). | |
| 15:1990c. | ||
| 32709(c) | 15:1990. | Oct. 20, 1972, Pub. L. 92–513, §410, 86 Stat. 963; restated July 14, 1976, Pub. L. 94–364, §407, 90 Stat. 984. |
| 32709(d) | 15:1990a. | Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §411; added July 14, 1976, Pub. L. 94–364, §408(2), 90 Stat. 984. |
In subsection (a)(1), the words “that violates this chapter” are substituted for “who commits any act or causes to be done any act that violates any provision of this subchapter or omits to do any act or causes to be omitted any act that is required by any such provision” in 15:1990b(a) for consistency and to eliminate unnecessary words. The words “or a regulation prescribed or order issued under this chapter” are substituted for “No transferor shall violate any rule prescribed under this section” in 15:1988 for consistency in the revised title and because “rule” is synonymous with “regulations”. The words “A separate violation occurs for each motor vehicle or device involved in the violation” are substituted for “A violation of any such provision shall, for purposes of this section, constitute a separate violation with respect to each motor vehicle or device involved” in 15:1990b(a) to eliminate unnecessary words.
In subsection (a)(2), the words “on behalf of the United States” are omitted as surplus. The words “Before compromising the amount of a penalty, the Secretary shall give” are substituted for “after affording” for clarity. The words “to present views and evidence in support thereof” and “alleged” are omitted as surplus.
In subsection (b), the words “that knowingly and willfully violates this chapter” are substituted for “knowingly and willfully commits any act or causes to be done any act that violates any provision of this subchapter or knowingly and willfully omits to do any act or causes to be omitted any act that is required by such provision” to eliminate unnecessary words. The words “or a regulation prescribed or order issued under this chapter” are substituted for “No transferor shall violate any rule prescribed under this section” in 15:1988 for consistency in the revised title and because “rule” is synonymous with “regulation”. The words “fined under title 18” are substituted for “fined not more than $50,000” for consistency with title 18. The words “an act in violation of” are substituted for “any of the acts or practices constituting in whole or in part a violation of” to eliminate unnecessary words.
In subsections (c) and (d), the word “enjoin” is substituted for “restrain” for consistency.
In subsection (c), the words “The United States district courts shall have jurisdiction” are omitted because of 28:1331. The words “for cause shown and subject to the provisions of rule 65(a) and (b) of the Federal Rules of Civil Procedure” are omitted as surplus because the rules apply in the absence of an exemption from them. The words “the violation occurred” are substituted for “wherein any act, omission, or transaction constituting the violation occurred”, and the word “resides” is substituted for “is an inhabitant”, to eliminate unnecessary words. The words “may be served in” are substituted for “may run into” for clarity.
In subsection (d)(1), before clause (A), the words “this chapter or a regulation prescribed or order issued under this chapter” are substituted for “requirement imposed under this subchapter” for consistency. The words “civil action” are substituted for “any action” for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.).
In subsection (d)(2), the words “without regard to the amount in controversy” are omitted because jurisdiction is now allowed under 28:1331 without regard to the amount in controversy. The words “United States district court” are substituted for “district court of the United States” for consistency with the definition in section 32101 of the revised title and with other provisions of the chapter.
§32710. Civil actions by private persons
(a)
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1055.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32710(a) | 15:1989(a)(1). | Oct. 20, 1972, Pub. L. 92–513, §409, 86 Stat. 963. |
| 32710(b) | 15:1989(a)(2), (b). |
In subsection (a), the words “this chapter or a regulation prescribed or order issued under this chapter” are substituted for “requirement imposed under this subchapter” for consistency.
In subsection (b), the words “A person may bring a civil action to enforce a claim” are substituted for “An action to enforce any liability created . . . may be brought” for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). The word “appropriate” is added for clarity. The words “without regard to the amount in controversy” are omitted because jurisdiction is now allowed under 28:1331 without regard to the amount in controversy. The words “after the claim accrues” are substituted for “from the date on which the liability arises” to eliminate unnecessary words. The words “The court shall award . . . to the person when a judgment is entered for that person” are substituted for “in the case of any successful action to enforce the foregoing liability . . . as determined by the court” for clarity.
§32711. Relationship to State law
Except to the extent that State law is inconsistent with this chapter, this chapter does not—
(1) affect a State law on disconnecting, altering, or tampering with an odometer with intent to defraud; or
(2) exempt a person from complying with that law.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1056.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32711 | 15:1991. | Oct. 20, 1972, Pub. L. 92–513, §418, 86 Stat. 963; July 14, 1976, Pub. L. 94–364, §408(1), 90 Stat. 984. |
In this section, before clause (1), the words “and then only to the extent of the inconsistency” are omitted as surplus. In clause (1), the word “affect” is substituted for “annul, alter, or affect” to eliminate unnecessary words. In clause (2), the words “subject to the provisions of this subchapter” are omitted as surplus.
CHAPTER 329—AUTOMOBILE FUEL ECONOMY
Amendments
1994—Pub. L. 103–429, §6(43)(C), Oct. 31, 1994, 108 Stat. 4383, added items 32918 and 32919 and struck out former item 32918 “Preemption”.
§32901. Definitions
(a)
(1) “alternative fuel” means—
(A) methanol;
(B) denatured ethanol;
(C) other alcohols;
(D) except as provided in subsection (b) of this section, a mixture containing at least 85 percent of methanol, denatured ethanol, and other alcohols by volume with gasoline or other fuels;
(E) natural gas;
(F) liquefied petroleum gas;
(G) hydrogen;
(H) coal derived liquid fuels;
(I) fuels (except alcohol) derived from biological materials;
(J) electricity (including electricity from solar energy); and
(K) any other fuel the Secretary of Transportation prescribes by regulation that is not substantially petroleum and that would yield substantial energy security and environmental benefits.
(2) “alternative fueled automobile” means an automobile that is a—
(A) dedicated automobile; or
(B) dual fueled automobile.
(3) except as provided in section 32908 of this title, “automobile” means a 4-wheeled vehicle that is propelled by fuel, or by alternative fuel, manufactured primarily for use on public streets, roads, and highways and rated at less than 10,000 pounds gross vehicle weight, except—
(A) a vehicle operated only on a rail line;
(B) a vehicle manufactured in different stages by 2 or more manufacturers, if no intermediate or final-stage manufacturer of that vehicle manufactures more than 10,000 multi-stage vehicles per year; or
(C) a work truck.
(4) “automobile manufactured by a manufacturer” includes every automobile manufactured by a person that controls, is controlled by, or is under common control with the manufacturer, but does not include an automobile manufactured by the person that is exported not later than 30 days after the end of the model year in which the automobile is manufactured.
(5) “average fuel economy” means average fuel economy determined under section 32904 of this title.
(6) “average fuel economy standard” means a performance standard specifying a minimum level of average fuel economy applicable to a manufacturer in a model year.
(7) “commercial medium- and heavy-duty on-highway vehicle” means an on-highway vehicle with a gross vehicle weight rating of 10,000 pounds or more.
(8) “dedicated automobile” means an automobile that operates only on alternative fuel.
(9) “dual fueled automobile” means an automobile that—
(A) is capable of operating on alternative fuel or a mixture of biodiesel and diesel fuel meeting the standard established by the American Society for Testing and Materials or under section 211(u) of the Clean Air Act (42 U.S.C. 7545(u)) for fuel containing 20 percent biodiesel (commonly known as “B20”) and on gasoline or diesel fuel;
(B) provides equal or superior energy efficiency, as calculated for the applicable model year during fuel economy testing for the United States Government, when operating on alternative fuel as when operating on gasoline or diesel fuel;
(C) for model years 1993–1995 for an automobile capable of operating on a mixture of an alternative fuel and gasoline or diesel fuel and if the Administrator of the Environmental Protection Agency decides to extend the application of this subclause, for an additional period ending not later than the end of the last model year to which section 32905(b) and (d) of this title applies, provides equal or superior energy efficiency, as calculated for the applicable model year during fuel economy testing for the Government, when operating on a mixture of alternative fuel and gasoline or diesel fuel containing exactly 50 percent gasoline or diesel fuel as when operating on gasoline or diesel fuel; and
(D) for a passenger automobile, meets or exceeds the minimum driving range prescribed under subsection (c) of this section.
(10) “fuel” means—
(A) gasoline;
(B) diesel oil; or
(C) other liquid or gaseous fuel that the Secretary decides by regulation to include in this definition as consistent with the need of the United States to conserve energy.
(11) “fuel economy” means the average number of miles traveled by an automobile for each gallon of gasoline (or equivalent amount of other fuel) used, as determined by the Administrator under section 32904(c) of this title.
(12) “import” means to import into the customs territory of the United States.
(13) “manufacture” (except under section 32902(d) of this title) means to produce or assemble in the customs territory of the United States or to import.
(14) “manufacturer” means—
(A) a person engaged in the business of manufacturing automobiles, including a predecessor or successor of the person to the extent provided under regulations prescribed by the Secretary; and
(B) if more than one person is the manufacturer of an automobile, the person specified under regulations prescribed by the Secretary.
(15) “model” means a class of automobiles as decided by regulation by the Administrator after consulting and coordinating with the Secretary.
(16) “model year”, when referring to a specific calendar year, means—
(A) the annual production period of a manufacturer, as decided by the Administrator, that includes January 1 of that calendar year; or
(B) that calendar year if the manufacturer does not have an annual production period.
(17) “non-passenger automobile” means an automobile that is not a passenger automobile or a work truck.
(18) “passenger automobile” means an automobile that the Secretary decides by regulation is manufactured primarily for transporting not more than 10 individuals, but does not include an automobile capable of off-highway operation that the Secretary decides by regulation—
(A) has a significant feature (except 4-wheel drive) designed for off-highway operation; and
(B) is a 4-wheel drive automobile or is rated at more than 6,000 pounds gross vehicle weight.
(19) “work truck” means a vehicle that—
(A) is rated at between 8,500 and 10,000 pounds gross vehicle weight; and
(B) is not a medium-duty passenger vehicle (as defined in section 86.1803–01 of title 40, Code of Federal Regulations, as in effect on the date of the enactment of the Ten-in-Ten Fuel Economy Act).
(b)
(c)
(2)(A) The Secretary may prescribe a lower range for a specific model than that prescribed under paragraph (1) of this subsection. A manufacturer may petition for a lower range than that prescribed under paragraph (1) for a specific model.
(B) The minimum driving range prescribed for dual fueled automobiles (except electric automobiles) under subparagraph (A) of this paragraph or paragraph (1) of this subsection must be at least 200 miles.
(C) If the Secretary prescribes a minimum driving range of 200 miles for dual fueled automobiles (except electric automobiles) under paragraph (1) of this subsection, subparagraph (A) of this paragraph does not apply to dual fueled automobiles (except electric automobiles).
(3) In prescribing a minimum driving range under paragraph (1) of this subsection and in taking an action under paragraph (2) of this subsection, the Secretary shall consider the purpose set forth in section 3 of the Alternative Motor Fuels Act of 1988 (Public Law 100–494, 102 Stat. 2442), consumer acceptability, economic practicability, technology, environmental impact, safety, drivability, performance, and other factors the Secretary considers relevant.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1056; Pub. L. 110–140, title I, §103(a), Dec. 19, 2007, 121 Stat. 1501.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32901(a)(1) | 15:2013(h)(1)(A) (less words in 1st parentheses). | Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §513(h); added Oct. 14, 1988, Pub. L. 100–494, §6(a), 102 Stat. 2450; Oct. 24, 1992, Pub. L. 102–486, §403(5)(H), (I), 106 Stat. 2878. |
| 32901(a)(2) | 15:2013(h)(1)(B). | |
| 32901(a)(3) | 15:2001(1). | Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §501(1); added Dec. 22, 1975, Pub. L. 94–163, §301, 89 Stat. 901; Oct. 14, 1988, Pub. L. 100–494, §6(b), 102 Stat. 2452; Oct. 24, 1992, Pub. L. 102–486, §403(1), 106 Stat. 2876. |
| 15:2001(13), (14). | Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §§501(2)–(7), (10)–(14), 503(c); added Dec. 22, 1975, Pub. L. 94–163, §301, 89 Stat. 901, 902, 907. | |
| 32901(a)(4) | 15:2003(c). | |
| 32901(a)(5) | 15:2001(4). | |
| 32901(a)(6) | 15:2001(7). | |
| 32901(a)(7) | 15:2013(h)(1)(C). | |
| 32901(a)(8) | 15:2001(h)(1)(D). | |
| 32901(a)(9) | 15:2001(5). | |
| 32901(a)(10) | 15:2001(6). | |
| 32901(a)(11) | 15:2001(10). | |
| 32901(a)(12) | 15:2001(9). | Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §501(8), (9); added Dec. 22, 1975, Pub. L. 94–163, §301, 89 Stat. 902; Oct. 10, 1980, Pub. L. 96–425, §§4(c)(1), 8(b), 94 Stat. 1824, 1828. |
| 32901(a)(13) | 15:2001(8). | |
| 32901(a)(14) | 15:2001(11). | |
| 32901(a)(15) | 15:2001(12). | |
| 32901(a)(16) | 15:2001(2), (3). | |
| 32901(b) | 15:2013(h)(1)(A) (words in 1st parentheses). | |
| 32901(c)(1) | 15:2013(h)(2)(A). | |
| 32901(c)(2) | 15:2013(h)(2)(B), (C). | |
| 32901(c)(3) | 15:2013(h)(2)(D). |
In this chapter, the word “model” is substituted for “model type” for consistency in this part.
In subsection (a)(3), before clause (A), the words “except as provided in section 32908 of this title” are added for clarity. The word “line” is added for consistency in the revised title and with other titles of the United States Code. The words “or rails” are omitted because of 1:1. The text of 15:2001(1) (last sentence) is omitted because of 49:322(a). The text of 15:2001(13) and (14) is omitted as surplus because the complete names of the Secretary of Transportation and Administrator of the Environmental Protection Agency are used the first time the terms appear in a section. The text of 15:2001 (related to 15:2011) is omitted because 15:2011 is outside the scope of the restatement. See section 4(c) of the bill.
In subsection (a)(4), the words “ ‘automobile manufactured by a manufacturer’ includes” are substituted for “Any reference in this subchapter to automobiles manufactured by a manufacturer shall be deemed—(1) to include” to eliminate unnecessary words. The word “every” is substituted for “all” because of the restatement. The words “but does not include” are substituted for “to exclude” for consistency. The words “manufactured by the person” are substituted for “manufactured (within the meaning of paragraph (1))” to eliminate unnecessary words.
In subsection (a)(10), the words “in accordance with procedures established” are omitted as surplus.
In subsection (a)(14), the word “particular” is omitted as surplus.
Subsection (a)(15)(B) is substituted for “If a manufacturer has no annual production period, the term ‘model year’ means the calendar year” to eliminate unnecessary words.
In subsection (a)(16), before clause (A), the words “but does not include an automobile capable of off-highway operation that” are substituted for “(other than an automobile capable of off-highway operation)” and “The term ‘automobile capable of off-highway operation’ means any automobile which” to eliminate unnecessary words.
In subsection (b), the words “The Secretary may prescribe regulations changing the percentage . . . to not less than 70 percent because of” are substituted for “but not less than 70 percent, as determined by the Secretary, by rule, to provide for” for clarity and because of the restatement.
In subsection (c)(1), the words “For purposes of the definitions in paragraph (1)(D)” are omitted as unnecessary because of the restatement. The words “within 18 months after October 14, 1988” are omitted as obsolete. The words “prescribe by regulation” are substituted for “establish by rule of general applicability” for clarity and consistency in the revised title and with other titles of the United States Code and because “rule” is synonymous with “regulation”. The words “that are passenger automobiles” are substituted for “The rule issued under this subparagraph shall apply only to dual fueled automobiles that are passenger automobiles” to eliminate unnecessary words.
References in Text
The date of the enactment of the Ten-in-Ten Fuel Economy Act, referred to in subsec. (a)(19)(B), is the date of enactment of subtitle A (§§101–113) of title I of Pub. L. 110–140, which was approved Dec. 19, 2007.
Section 3 of the Alternative Motor Fuels Act of 1988, referred to in subsec. (c)(3), is section 3 of Pub. L. 100–494, which is set out as a note under section 6374 of Title 42, The Public Health and Welfare.
Amendments
2007—Subsec. (a)(3). Pub. L. 110–140, §103(a)(1), added par. (3) and struck out former par. (3) which read as follows: “except as provided in section 32908 of this title, ‘automobile’ means a 4-wheeled vehicle that is propelled by fuel, or by alternative fuel, manufactured primarily for use on public streets, roads, and highways (except a vehicle operated only on a rail line), and rated at—
“(A) not more than 6,000 pounds gross vehicle weight; or
“(B) more than 6,000, but less than 10,000, pounds gross vehicle weight, if the Secretary decides by regulation that—
“(i) an average fuel economy standard under this chapter for the vehicle is feasible; and
“(ii) an average fuel economy standard under this chapter for the vehicle will result in significant energy conservation or the vehicle is substantially used for the same purposes as a vehicle rated at not more than 6,000 pounds gross vehicle weight.”
Subsec. (a)(7), (8). Pub. L. 110–140, §103(a)(2), (3), added par. (7) and redesignated former par. (7) as (8). Former par. (8) redesignated (9).
Subsec. (a)(9). Pub. L. 110–140, §103(a)(2), redesignated par. (8) as (9). Former par. (9) redesignated (10).
Subsec. (a)(9)(A). Pub. L. 110–140, §103(a)(4), inserted “or a mixture of biodiesel and diesel fuel meeting the standard established by the American Society for Testing and Materials or under section 211(u) of the Clean Air Act (42 U.S.C. 7545(u)) for fuel containing 20 percent biodiesel (commonly known as ‘B20’)” after “alternative fuel”.
Subsec. (a)(10) to (16). Pub. L. 110–140, §103(a)(2), redesignated pars. (9) to (15) as (10) to (16), respectively. Former par. (16) redesignated (17).
Subsec. (a)(17). Pub. L. 110–140, §103(a)(6), added par. (17). Former par. (17) redesignated (18).
Pub. L. 110–140, §103(a)(2), redesignated par. (16) as (17).
Subsec. (a)(18). Pub. L. 110–140, §103(a)(5), redesignated par. (17) as (18).
Subsec. (a)(19). Pub. L. 110–140, §103(a)(7), added par. (19).
Effective Date of 2007 Amendment
Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under section 1824 of Title 2, The Congress.
§32902. Average fuel economy standards
(a)
(b)
(1)
(A) passenger automobiles manufactured by manufacturers in each model year beginning with model year 2011 in accordance with this subsection;
(B) non-passenger automobiles manufactured by manufacturers in each model year beginning with model year 2011 in accordance with this subsection; and
(C) work trucks and commercial medium-duty or heavy-duty on-highway vehicles in accordance with subsection (k).
(2)
(A)
(B)
(C)
(3)
(A) prescribe by regulation separate average fuel economy standards for passenger and non-passenger automobiles based on 1 or more vehicle attributes related to fuel economy and express each standard in the form of a mathematical function; and
(B) issue regulations under this title prescribing average fuel economy standards for at least 1, but not more than 5, model years.
(4)
(A) 27.5 miles per gallon; or
(B) 92 percent of the average fuel economy projected by the Secretary for the combined domestic and non-domestic passenger automobile fleets manufactured for sale in the United States by all manufacturers in the model year, which projection shall be published in the Federal Register when the standard for that model year is promulgated in accordance with this section.
(c)
(d)
(A) finds that the applicable standard under those subsections is more stringent than the maximum feasible average fuel economy level that the manufacturer can achieve; and
(B) prescribes by regulation an alternative average fuel economy standard for the passenger automobiles manufactured by the exempted manufacturer that the Secretary decides is the maximum feasible average fuel economy level for the manufacturers to which the alternative standard applies.
(2) An alternative average fuel economy standard the Secretary of Transportation prescribes under paragraph (1)(B) of this subsection may apply to an individually exempted manufacturer, to all automobiles to which this subsection applies, or to classes of passenger automobiles, as defined under regulations of the Secretary, manufactured by exempted manufacturers.
(3) Notwithstanding paragraph (1) of this subsection, an importer registered under section 30141(c) of this title may not be exempted as a manufacturer under paragraph (1) for a motor vehicle that the importer—
(A) imports; or
(B) brings into compliance with applicable motor vehicle safety standards prescribed under chapter 301 of this title for an individual under section 30142 of this title.
(4) The Secretary of Transportation may prescribe the contents of an application for an exemption.
(e)
(A) as an ambulance or combination ambulance-hearse;
(B) by the United States Government or a State or local government for law enforcement; or
(C) for other emergency uses prescribed by regulation by the Secretary of Transportation.
(2) A manufacturer may elect to have the fuel economy of an emergency vehicle excluded in applying a fuel economy standard under subsection (a), (b), (c), or (d) of this section. The election is made by providing written notice to the Secretary of Transportation and to the Administrator of the Environmental Protection Agency.
(f)
(g)
(2) When the Secretary of Transportation prescribes an amendment under this section that makes an average fuel economy standard more stringent, the Secretary shall prescribe the amendment (and submit the amendment to Congress when required under subsection (c)(2) of this section) at least 18 months before the beginning of the model year to which the amendment applies.
(h)
(1) may not consider the fuel economy of dedicated automobiles;
(2) shall consider dual fueled automobiles to be operated only on gasoline or diesel fuel; and
(3) may not consider, when prescribing a fuel economy standard, the trading, transferring, or availability of credits under section 32903.
(i)
(j)
(2) Before taking final action on a standard or an exemption from a standard under this section, the Secretary of Transportation shall notify the Secretary of Energy and provide the Secretary of Energy a reasonable time to comment.
(k)
(1)
(A) the appropriate test procedures and methodologies for measuring the fuel efficiency of such vehicles and work trucks;
(B) the appropriate metric for measuring and expressing commercial medium- and heavy-duty on-highway vehicle and work truck fuel efficiency performance, taking into consideration, among other things, the work performed by such on-highway vehicles and work trucks and types of operations in which they are used;
(C) the range of factors, including, without limitation, design, functionality, use, duty cycle, infrastructure, and total overall energy consumption and operating costs that affect commercial medium- and heavy-duty on-highway vehicle and work truck fuel efficiency; and
(D) such other factors and conditions that could have an impact on a program to improve commercial medium- and heavy-duty on-highway vehicle and work truck fuel efficiency.
(2)
(3)
(A) 4 full model years of regulatory lead-time; and
(B) 3 full model years of regulatory stability.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1059; Pub. L. 110–140, title I, §§102, 104(b)(1), Dec. 19, 2007, 121 Stat. 1498, 1503.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32902(a) | 15:2002(b). | Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §502(a)(1), (3)–(c), (e) (1st sentence), (f), (h); added Dec. 22, 1975, Pub. L. 94–163, §301, 89 Stat. 902, 903, 905; Oct. 10, 1980, Pub. L. 96–425, §§3(a)(1), 7, 8(c), 94 Stat. 1821, 1828. |
| 32902(b) | 15:2002(a)(1), (3). | |
| 32902(c)(1) | 15:2002(a)(4) (words before 5th comma), (h). | |
| 32902(c)(2) | 15:2002(a)(4) (words after 5th comma), (5). | |
| 32902(d) | 15:1397 (note). | Oct. 31, 1988, Pub. L. 100–562, §2(f), 102 Stat. 2825. |
| 15:2002(c). | ||
| 32902(e) | 15:2002(g). | Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §502(g); added Oct. 10, 1980, Pub. L. 96–425, §7, 94 Stat. 1828. |
| 32902(f) | 15:2002(e) (1st sentence). | |
| 32902(g) | 15:2002(f). | |
| 32902(h) | 15:2002(e) (last sentence). | Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §§502(e) (last sentence), 513(g)(2)(B); added Oct. 14, 1988, Pub. L. 100–494, §6(a), (c), 102 Stat. 2450, 2452; Oct. 24, 1992, Pub. L. 102–486, §403(2), (5)(G)(ii)(II), (III), 106 Stat. 2876, 2878. |
| 15:2013(g)(2)(B). | ||
| 32902(i) | 15:2002(i) (1st sentence). | Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §502(i), (j); added Aug. 4, 1977, Pub. L. 95–91, §305, 91 Stat. 580; Oct. 10, 1980, Pub. L. 96–425, §7, 94 Stat. 1828. |
| 32902(j) | 15:2002(i) (2d, last sentences), (j). |
In subsection (a), the words “Any standard applicable to a model year under this subsection shall be prescribed” are omitted as surplus. The words “which begins more than 30 months after December 22, 1975” are omitted as executed.
In subsection (b), the text of 15:2002(a)(1) (related to model years before 1985) and (3) is omitted as expired. The words “at least” are omitted as unnecessary because of the source provisions restated in subsection (c) of this section.
In subsection (c)(1), the words “Subject to paragraph (2) of this subsection” are added for clarity. The words “may prescribe regulations amending” are substituted for “may, by rule, amend” for clarity and consistency in the revised title and because “rule” is synonymous with “regulation”. The words “for a model year” are substituted for “for model year 1985, or for any subsequent model year” to eliminate the expired limitation. The reference in 15:2002(h) to 15:2002(d) is omitted because 15:2002(d) is omitted from the revised title as executed. The words “as well as written” are omitted as surplus.
In subsection (c)(2), the words “If an amendment increases the standard . . . or decreases the standard” are substituted for “except that any amendment that has the effect of increasing . . . a standard . . ., or of decreasing . . . a standard” to eliminate unnecessary words. The words “For purposes of considering any modification which is submitted to the Congress under paragraph (4)” are omitted as surplus. The words “are deemed to be” are substituted for “shall be lengthened to” for clarity and consistency.
In subsection (d)(1), before clause (A), the words “Except as provided in paragraph (3) of this subsection” are added because of the restatement. The words “in the model year 2 years before” are substituted for “in the second model year preceding” for clarity. The words “The Secretary may exempt a manufacturer only if the Secretary” are substituted for “Such exemption may only be granted if the Secretary” and “The Secretary may not issue exemptions with respect to a model year unless he” to eliminate unnecessary words. The words “each such standard shall be set at a level which” are omitted as surplus.
In subsection (d)(3), before clause (A), the words “Notwithstanding paragraph (1) of this subsection” are substituted for “Notwithstanding any provision of law authorizing exemptions from energy conservation requirements for manufacturers of fewer than 10,000 motor vehicles” to eliminate unnecessary words. In clause (B), the word “compliance” is substituted for “conformity” for consistency with chapter 301 of the revised title. The words “prescribed under chapter 301 of this title” are substituted for “Federal” for consistency in the revised title.
Subsection (d)(4) is substituted for 15:2002(c)(1) (2d sentence) to eliminate unnecessary words. The text of 15:2002(c)(2) is omitted as expired.
In subsection (e)(1)(B), the words “police or other” are omitted as unnecessary because the authority to prescribe standards includes the authority to amend those standards.
In subsection (g)(1), the words “from time to time” are omitted as unnecessary. The cross-reference to 15:2002(a)(3) is omitted as executed because 15:2002(a)(3) applied to model years 1981–1984.
In subsection (g)(2), the words “that makes” are substituted for “has the effect of making” to eliminate unnecessary words.
In subsection (i), the words “his responsibilities under” are omitted as surplus.
In subsection (j), the reference to 15:2002(d) and the words “or any modification of” are omitted because 15:2002(d) is omitted from the revised title as executed.
In subsection (j)(1), the words “to prescribe or amend” are substituted for “to establish, reduce, or amend” to eliminate unnecessary words. The words “adverse impact” are substituted for “level” for clarity and consistency. The words “those comments” are substituted for “unaccommodated comments” for clarity.
References in Text
Section 108 of the Ten-in-Ten Fuel Economy Act, referred to in subsec. (k)(1), is section 108 of Pub. L. 110–140, title I, Dec. 19, 2007, 121 Stat. 1505, which is not classified to the Code.
Amendments
2007—Subsec. (a). Pub. L. 110–140, §102(a)(1), in heading, substituted “Prescription of Standards by Regulation” for “Non-Passenger Automobiles”, and, in text, struck out “(except passenger automobiles)” after “for automobiles” and “The Secretary may prescribe separate standards for different classes of automobiles.” at end.
Subsec. (b). Pub. L. 110–140, §102(a)(2), added subsec. (b) and struck out former subsec. (b). Prior to amendment, text of subsec. (b) read as follows: “Except as provided in this section, the average fuel economy standard for passenger automobiles manufactured by a manufacturer in a model year after model year 1984 shall be 27.5 miles a gallon.”
Subsec. (c). Pub. L. 110–140, §102(a)(3), substituted “The Secretary” for “(1) Subject to paragraph (2) of this subsection, the Secretary” and struck out par. (2) which read as follows: “If an amendment increases the standard above 27.5 miles a gallon or decreases the standard below 26.0 miles a gallon, the Secretary of Transportation shall submit the amendment to Congress. The procedures of section 551 of the Energy Policy and Conservation Act (42 U.S.C. 6421) apply to an amendment, except that the 15 calendar days referred to in section 551(c) and (d) of the Act (42 U.S.C. 6421(c), (d)) are deemed to be 60 calendar days, and the 5 calendar days referred to in section 551(f)(4)(A) of the Act (42 U.S.C. 6421(f)(4)(A)) are deemed to be 20 calendar days. If either House of Congress disapproves the amendment under those procedures, the amendment does not take effect.”
Subsec. (h)(3). Pub. L. 110–140, §104(b)(1), added par. (3).
Subsec. (k). Pub. L. 110–140, §102(b), added subsec. (k).
Effective Date of 2007 Amendment
Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under section 1824 of Title 2, The Congress.
Continued Applicability of Existing Standards
Pub. L. 110–140, title I, §106, Dec. 19, 2007, 121 Stat. 1504, provided that: “Nothing in this subtitle [subtitle A (§§101–113) of title I of Pub. L. 110–140, see Short Title of 2007 Amendment note set out under section 30101 of this title], or the amendments made by this subtitle, shall be construed to affect the application of section 32902 of title 49, United States Code, to passenger automobiles or non-passenger automobiles manufactured before model year 2011.”
National Academy of Sciences Studies
Pub. L. 110–140, title I, §107, Dec. 19, 2007, 121 Stat. 1504, provided that:
“(a)
“(1) an assessment of automotive technologies and costs to reflect developments since the Academy's 2002 report evaluating the corporate average fuel economy standards was conducted;
“(2) an analysis of existing and potential technologies that may be used practically to improve automobile and medium-duty and heavy-duty truck fuel economy;
“(3) an analysis of how such technologies may be practically integrated into the automotive and medium-duty and heavy-duty truck manufacturing process; and
“(4) an assessment of how such technologies may be used to meet the new fuel economy standards under chapter 329 of title 49, United States Code, as amended by this subtitle [subtitle A (§§101–113) of title I of Pub. L. 110–140, see Short Title of 2007 Amendment note set out under section 30101 of this title].
“(b)
“(c)
§32903. Credits for exceeding average fuel economy standards
(a)
(1) any of the 3 consecutive model years immediately before the model year for which the credits are earned; and
(2) to the extent not used under paragraph (1) 1 any of the 5 consecutive model years immediately after the model year for which the credits are earned.
(b)
(2)(A) Before the end of a model year, if a manufacturer has reason to believe that its average fuel economy for passenger automobiles will be less than the applicable standard for that model year, the manufacturer may submit a plan to the Secretary of Transportation demonstrating that the manufacturer will earn sufficient credits under this section within the next 3 model years to allow the manufacturer to meet that standard for the model year involved. Unless the Secretary finds that the manufacturer is unlikely to earn sufficient credits under the plan, the Secretary shall approve the plan. Those credits are available for the model year involved if—
(i) the Secretary approves the plan; and
(ii) the manufacturer earns those credits as provided by the plan.
(B) If the average fuel economy of a manufacturer is less than the applicable standard under subsections (a) through (d) of section 32902 after applying credits under subsection (a)(1) of this section, the Secretary of Transportation shall notify the manufacturer and give the manufacturer a reasonable time (of at least 60 days) to submit a plan.
(c)
(1) the number of tenths of a mile a gallon by which the average fuel economy of the passenger automobiles manufactured by the manufacturer in the model year in which the credits are earned exceeds the applicable average fuel economy standard under subsections (a) through (d) of section 32902; times
(2) the number of passenger automobiles manufactured by the manufacturer during that model year.
(d)
(e)
(f)
(1)
(2)
(g)
(1)
(2)
(3)
(A) for model years 2011 through 2013, 1.0 mile per gallon;
(B) for model years 2014 through 2017, 1.5 miles per gallon; and
(C) for model year 2018 and subsequent model years, 2.0 miles per gallon.
(4)
(5)
(6)
(A)
(B)
(i) Passenger automobiles manufactured domestically.
(ii) Passenger automobiles not manufactured domestically.
(iii) Non-passenger automobiles.
(h)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1061; Pub. L. 110–140, title I, §104(a), Dec. 19, 2007, 121 Stat. 1501.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32903(a) | 15:2002(l)(1)(B), (4). | Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §502(l); added Oct. 10, 1980, Pub. L. 96–425, §6(b), 94 Stat. 1826. |
| 32903(b)(1) | 15:2002(l)(1)(A). | |
| 32903(b)(2) | 15:2002(l)(1)(C). | |
| 32903(c) | 15:2002(l)(1)(D). | |
| 32903(d) | 15:2002(l)(1)(E). | |
| 32903(e) | 15:2002(l)(2). | |
| 32903(f) | 15:2002(l)(3). |
In this section, various forms of the words “apply credits” are substituted for various forms of “credits are available to be taken into account” to be more concise and to make more clear the distinction between when credits are available and to what years they may be applied.
In subsection (a), before clause (1), the text of 15:2002(l)(4) is omitted as surplus because of 49:322(a). The words “any adjustment under subsection (d) of this section” are omitted because 15:2002(d) is omitted from the revised title as executed. The words “calculated under subparagraph (C)” (which apparently should be “calculated under subparagraph (D)”) are omitted as surplus. In clauses (1) and (2), the words “with respect to the average fuel economy of that manufacturer” are omitted as surplus. The words “year for which the credits are earned” are substituted for “year in which such manufacturer exceeds such applicable average fuel economy standard” to eliminate unnecessary words.
Subsection (b)(1) is substituted for 15:2002(l)(1)(A) to eliminate unnecessary words.
In subsection (b)(2)(A) is substituted for 15:2002(l)(1)(C)(i)–(iii) to eliminate unnecessary words.
In subsection (e), the words “as provided in this section for passenger automobiles” are substituted for “as provided for under paragraph (1)” for clarity. The text of 15:2002(l)(2) (last sentence) is omitted as expired.
Amendments
2007—Subsec. (a). Pub. L. 110–140, §104(a)(1), substituted “subsections (a) through (d) of section 32902” for “section 32902(b)–(d) of this title” in introductory provisions.
Subsec. (a)(2). Pub. L. 110–140, §104(a)(2), substituted “paragraph (1)” for “clause (1) of this subsection,” and “5 consecutive” for “3 consecutive”.
Subsecs. (b)(2)(B), (c)(1). Pub. L. 110–140, §104(a)(1), substituted “subsections (a) through (d) of section 32902” for “section 32902(b)–(d) of this title”.
Subsecs. (f) to (h). Pub. L. 110–140, §104(a)(3), (4), added subsecs. (f) and (g) and redesignated former subsec. (f) as (h).
Effective Date of 2007 Amendment
Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under section 1824 of Title 2, The Congress.
1 So in original. Probably should be followed by a comma.
§32904. Calculation of average fuel economy
(a)
(A) section 32902(a) of this title in a way prescribed by the Administrator; and
(B) section 32902(b)–(d) of this title by dividing—
(i) the number of passenger automobiles manufactured by the manufacturer in a model year; by
(ii) the sum of the fractions obtained by dividing the number of passenger automobiles of each model manufactured by the manufacturer in that model year by the fuel economy measured for that model.
(2)(A) In this paragraph, “electric vehicle” means a vehicle powered primarily by an electric motor drawing electrical current from a portable source.
(B) If a manufacturer manufactures an electric vehicle, the Administrator shall include in the calculation of average fuel economy under paragraph (1) of this subsection equivalent petroleum based fuel economy values determined by the Secretary of Energy for various classes of electric vehicles. The Secretary shall review those values each year and determine and propose necessary revisions based on the following factors:
(i) the approximate electrical energy efficiency of the vehicle, considering the kind of vehicle and the mission and weight of the vehicle.
(ii) the national average electrical generation and transmission efficiencies.
(iii) the need of the United States to conserve all forms of energy and the relative scarcity and value to the United States of all fuel used to generate electricity.
(iv) the specific patterns of use of electric vehicles compared to petroleum-fueled vehicles.
(b)
(i) passenger automobiles manufactured domestically by a manufacturer (or included in this category under paragraph (5) of this subsection); and
(ii) passenger automobiles not manufactured domestically by that manufacturer (or excluded from this category under paragraph (5) of this subsection).
(B) Passenger automobiles described in subparagraph (A)(i) and (ii) of this paragraph are deemed to be manufactured by separate manufacturers under this chapter, except for the purposes of section 32903.
(2) In this subsection (except as provided in paragraph (3)), a passenger automobile is deemed to be manufactured domestically in a model year if at least 75 percent of the cost to the manufacturer is attributable to value added in the United States or Canada, unless the assembly of the automobile is completed in Canada and the automobile is imported into the United States more than 30 days after the end of the model year.
(3)(A) In this subsection, a passenger automobile is deemed to be manufactured domestically in a model year, as provided in subparagraph (B) of this paragraph, if at least 75 percent of the cost to the manufacturer is attributable to value added in the United States, Canada, or Mexico, unless the assembly of the automobile is completed in Canada or Mexico and the automobile is imported into the United States more than 30 days after the end of the model year.
(B) Subparagraph (A) of this paragraph applies to automobiles manufactured by a manufacturer and sold in the United States, regardless of the place of assembly, as follows:
(i) A manufacturer that began assembling automobiles in Mexico before model year 1992 may elect, during the period from January 1, 1997, through January 1, 2004, to have subparagraph (A) of this paragraph apply to all automobiles manufactured by that manufacturer beginning with the model year that begins after the date of the election.
(ii) For a manufacturer that began assembling automobiles in Mexico after model year 1991, subparagraph (A) of this paragraph applies to all automobiles manufactured by that manufacturer beginning with the model year that begins after January 1, 1994, or the model year beginning after the date the manufacturer begins assembling automobiles in Mexico, whichever is later.
(iii) A manufacturer not described in clause (i) or (ii) of this subparagraph that assembles automobiles in the United States or Canada, but not in Mexico, may elect, during the period from January 1, 1997, through January 1, 2004, to have subparagraph (A) of this paragraph apply to all automobiles manufactured by that manufacturer beginning with the model year that begins after the date of the election. However, if the manufacturer begins assembling automobiles in Mexico before making an election under this subparagraph, this clause does not apply, and the manufacturer is subject to clause (ii) of this subparagraph.
(iv) For a manufacturer that does not assemble automobiles in the United States, Canada, or Mexico, subparagraph (A) of this paragraph applies to all automobiles manufactured by that manufacturer beginning with the model year that begins after January 1, 1994.
(v) For a manufacturer described in clause (i) or (iii) of this subparagraph that does not make an election within the specified period, subparagraph (A) of this paragraph applies to all automobiles manufactured by that manufacturer beginning with the model year that begins after January 1, 2004.
(C) The Secretary of Transportation shall prescribe reasonable procedures for elections under subparagraph (B) of this paragraph.
(4) In this subsection, the fuel economy of a passenger automobile that is not manufactured domestically is deemed to be equal to the average fuel economy of all passenger automobiles manufactured by the same manufacturer that are not manufactured domestically.
(5)(A) A manufacturer may submit to the Secretary of Transportation for approval a plan, including supporting material, stating the actions and the deadlines for taking the actions, that will ensure that the model or models referred to in subparagraph (B) of this paragraph will be manufactured domestically before the end of the 4th model year covered by the plan. The Secretary promptly shall consider and act on the plan. The Secretary shall approve the plan unless—
(i) the Secretary finds that the plan is inadequate to meet the requirements of this paragraph; or
(ii) the manufacturer previously has submitted a plan approved by the Secretary under this paragraph.
(B) If the plan is approved, the Administrator shall include under paragraph (1)(A)(i) and exclude under paragraph (1)(A)(ii) of this subsection, for each of the 4 model years covered by the plan, not more than 150,000 passenger automobiles manufactured by that manufacturer but not qualifying as domestically manufactured if—
(i) the model or models involved previously have not been manufactured domestically;
(ii) at least 50 percent of the cost to the manufacturer of each of the automobiles is attributable to value added in the United States or Canada;
(iii) the automobiles, if their assembly was completed in Canada, are imported into the United States not later than 30 days after the end of the model year; and
(iv) the model or models are manufactured domestically before the end of the 4th model year covered by the plan.
(c)
(d)
(e)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1062; Pub. L. 103–429, §6(36), Oct. 31, 1994, 108 Stat. 4380; Pub. L. 104–287, §5(63), Oct. 11, 1996, 110 Stat. 3395; Pub. L. 110–140, title I, §§104(b)(2), 113(a), Dec. 19, 2007, 121 Stat. 1503, 1508.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32904(a)(1) | 15:2003(a)(1), (2). | Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §503(a)(1), (2), (d)–(f); added Dec. 22, 1975, Pub. L. 94–163, §301, 89 Stat. 906, 907. |
| 32904(a)(2) | 15:2003(a)(3). | Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §503(a)(3); added Jan. 7, 1980, Pub. L. 96–185, §18 (related to §503(a)(3) of Motor Vehicle Information and Cost Savings Act), 93 Stat. 1336. |
| 32904(b)(1) | 15:2003(b)(2). | Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §503(b)(1), (2); added Dec. 22, 1975, Pub. L. 94–163, §301, 89 Stat. 906; Oct. 10, 1980, Pub. L. 96–425, §§4(c)(2), (3), 8(e), 94 Stat. 1824, 1829. |
| 32904(b)(2) | 15:2003(b)(1). | |
| 32904(b)(3) | 15:2003(b)(4). | Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §503(b)(4); added Oct. 10, 1980, Pub. L. 96–425, §4(b), 94 Stat. 1824. |
| 32904(b) (4)–(6) | 15:2003(b)(3). | Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §503(b)(3); added Oct. 10, 1980, Pub. L. 96–425, §4(a)(1), 94 Stat. 1822; Nov. 8, 1984, Pub. L. 98–620, §402(18), 98 Stat. 3358. |
| 32904(c) | 15:2003(d)(1) (1st–3d sentences), (2), (e). | |
| 32904(d) | 15:2003(d)(3). | |
| 32904(e) | 15:2003(d)(1) (last sentence), (f). |
In subsection (a)(1), before clause (A), the words “of a manufacturer subject to” are substituted for “for the purposes of” for clarity. In clause (B)(ii), the words “the sum of the fractions obtained by” are substituted for “a sum of terms, each term of which is a fraction created by” to eliminate unnecessary words.
Subsection (a)(2)(A) is substituted for “as defined in section 2012(b)(2) of this title” for clarity.
In subsection (a)(2)(B), before clause (i), the words “the Administrator shall include in the calculation of average fuel economy” are substituted for “the average fuel economy will be calculated . . . to include” for clarity. The text of 15:2003(a)(3)(B) is omitted as executed. The words “determine and propose” are substituted for “propose” for clarity and consistency with the authority of the Secretary under the source provisions. The words “based on the following factors” are substituted for “Determination of these fuel economy values will take into account the following parameters” for clarity and to eliminate unnecessary words. The factors in clauses (i)–(iv) are applied to revisions in fuel economy values for clarity and consistency with the authority of the Secretary under the source provisions. In clause (iv), the words “patterns of use” are substituted for “driving patterns” for clarity.
In subsection (b)(1), before clause (A), the text of 15:2003(b)(2)(A)–(D) is omitted as executed. In clause (A), the words “is imported . . . more than 30 days after” are substituted for “is not imported . . . prior to the expiration of 30 days following” for clarity and for consistency in the revised chapter. The words “The EPA Administrator may prescribe rules for purposes of carrying out this subparagraph” are omitted as surplus because of the authority of the Administrator to prescribe regulations under section 32910(d) of the revised title. The term “regulations” is used in section 32910(d) instead of “rules” for consistency in the revised title and because the terms are synonymous. In clause (B), the words “which is imported by a manufacturer in model year 1978 or any subsequent year, as the case may be, and” are omitted as surplus.
In subsection (b)(2)(A), before clause (i), the words “Except as provided in paragraphs (4) and (5) of this subsection” are added for clarity. The words “the Administrator shall make separate calculations” are substituted for “In calculating average fuel economy . . . the EPA Administrator shall separate the total number of passenger automobiles manufactured by a manufacturer into the following two categories” and “The EPA Administrator shall calculate the average fuel economy of each such separate category” to eliminate unnecessary words. In clauses (i) and (ii), the reference in the parenthetical to paragraph (3) is substituted for the reference in the source to paragraph (3), which apparently should have been a reference to paragraph (4). The text of 15:2003(b)(1)(A) (words in parentheses) and (B) (words in parentheses) is omitted as executed.
Subsection (b)(2)(B) is substituted for 15:2003(b)(1) (words after last comma) because of the restatement.
In subsection (b)(3)(A), before clause (i), the word “deadlines” is substituted for “dates” for clarity. The text of 15:2003(b)(4)(C) is omitted as executed.
In subsection (b)(4)(A), before clause (i), the words “A manufacturer may file with the Secretary of Transportation a petition for an exemption from the requirement of separate calculations under paragraph (2)(A) of this subsection” are substituted for “petition . . . for an exemption from the provisions of paragraph (1) filed by a manufacturer, the Secretary” for clarity.
In subsection (b)(5)(B), the words “judgment of the court under this subparagraph may be reviewed” are substituted for “judgment of the court affirming, remanding, or setting aside, in whole or in part, any such decision shall be final, subject to review” to eliminate unnecessary words.
In subsection (b)(5)(C), the words “Notwithstanding any other provision of law” are omitted as surplus. The words “a petition for” are added for consistency.
In subsection (c), the words “of a model type” and “of a manufacturer” are omitted as surplus. The words “by rule” are omitted as surplus because of the authority of the Administrator to prescribe regulations under section 32910(d) of the revised title. The term “regulations” is used in section 32910(d) instead of “rules” for consistency in the revised title and because the terms are synonymous. The words “However . . . the Administrator shall use the same procedures for passenger automobiles the Administrator used” are substituted for “Procedures so established with respect to passenger automobiles . . . shall be the procedures utilized by the EPA Administrator” for clarity. The words “(in accordance with rules of the EPA Administrator)” are omitted as surplus. The words “fuel economy tests shall be carried out with” are substituted for “Procedures under this subsection . . . shall require that fuel economy tests be conducted in conjunction with” to eliminate unnecessary words.
In subsection (d), the words “The Administrator shall prescribe a procedure under this section, or an amendment . . . at least” are substituted for “Testing and calculation procedures applicable to a model year and any amendment to such procedures . . . shall be promulgated not less than” to eliminate unnecessary words.
In subsection (e), the words “his duties under” are omitted as surplus.
Pub. L. 103–429, §6(36)(A)
This makes conforming amendments necessary because of the restatement of 15:2003(b)(2)(G) as 49:32904(b)(3) by section 6(36)(B) of the bill.
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32904(b) | 15:2003(b)(2)(E), (G). | Oct. 20, 1972, Public Law 92–513, §503(b)(2)(E), (G), as amended Dec. 8, 1993, Pub. L. 103–182, §371, 107 Stat. 2127. |
The text of 49:32904(b)(1) is the text of 49:32904(b)(2), as enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1063), with conforming changes made in the cited cross-references.
The text of subsection (b)(2) is the text of 49:32904(b)(1)(A), as enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1063), with the amendments of the underlying source provisions of 49:32904(b)(1)(A) made by section 371(b)(1) of the North American Free Trade Implementation Act (Public Law 103–182, 107 Stat. 2128). The words “(except as provided in paragraph (3))” are substituted for “Except as provided in subparagraph (G)” because of the restatement of 15:2003(b)(2)(G) as 49:32904(b)(3).
In subsection (b)(3)(A), the words “is imported . . . more than 30 days after” are substituted for “is not imported . . . prior to the expiration of 30 days following” for clarity and consistency with title 49, United States Code.
In subsection (b)(3)(C), the words “and the EPA Administrator may prescribe rules for purposes of carrying out this subparagraph” are omitted as surplus because of the authority of the Administrator to prescribe regulations under 49:32910(d). The amendment made by section 371(b)(2) of the North American Free Trade Implementation Act (Public Law 103–182, 107 Stat. 2128) is not given effect because the last sentence of section 503(b)(2)(E) of the Motor Vehicle and Cost Savings Act (Public Law 92–513, 86 Stat. 947) was omitted in the restatement of title 49 because of the authority of the Administrator to prescribe regulations under 49:32910(d).
The text of subsection (b)(4) is the text of 49:32904(b)(1)(B), as enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1063).
Pub. L. 103–429, §6(36)(C), (D)
This makes conforming amendments necessary because of the restatement of 15:2003(b)(2)(G) as 49:32904(b)(3) by section 6(36)(B) of the bill.
Amendments
2007—Subsec. (b)(1)(B). Pub. L. 110–140, §104(b)(2), inserted “, except for the purposes of section 32903” before period at end.
Subsec. (b)(6) to (8). Pub. L. 110–140, §113(a), struck out pars. (6) to (8) which related to exemption from separate calculations requirement, judicial review of denial of petition, and unavailability of section 32903(a) and (b)(2) credits during model year when exemption is effective, respectively.
1996—Subsec. (b)(6)(C). Pub. L. 104–287 substituted “Committee on Commerce” for “Committee on Energy and Commerce”.
1994—Subsec. (b)(1). Pub. L. 103–429, §6(36)(B), added par. (1) and struck out former par. (1) which read as follows: “In this subsection—
“(A) a passenger automobile is deemed to be manufactured domestically in a model year if at least 75 percent of the cost to the manufacturer is attributable to value added in the United States or Canada, unless the assembly of the automobile is completed in Canada and the automobile is imported into the United States more than 30 days after the end of the model year; and
“(B) the fuel economy of a passenger automobile that is not manufactured domestically is deemed to be equal to the average fuel economy of all passenger automobiles manufactured by the same manufacturer that are not manufactured domestically.”
Subsec. (b)(2). Pub. L. 103–429, §6(36)(B), added par. (2) and struck out former par. (2) which read as follows:
“(2)(A) Except as provided in paragraphs (4) and (5) of this subsection, the Administrator shall make separate calculations under subsection (a)(1)(B) of this section for—
“(i) passenger automobiles manufactured domestically by a manufacturer (or included in this category under paragraph (3) of this subsection); and
“(ii) passenger automobiles not manufactured domestically by that manufacturer (or excluded from this category under paragraph (3) of this subsection).
“(B) Passenger automobiles described in subparagraph (A)(i) and (ii) of this paragraph are deemed to be manufactured by separate manufacturers under this chapter.”
Subsec. (b)(3), (4). Pub. L. 103–429, §6(36)(B), added pars. (3) and (4). Former pars. (3) and (4) redesignated (5) and (6), respectively.
Subsec. (b)(5). Pub. L. 103–429, §6(36)(A), redesignated par. (3) as (5). Former par. (5) redesignated (7).
Subsec. (b)(5)(B). Pub. L. 103–429, §6(36)(C), substituted “paragraph (1)(A)(i) and exclude under paragraph (1)(A)(ii)” for “paragraph (2)(A)(i) and exclude under paragraph (2)(A)(ii)” in introductory provisions.
Subsec. (b)(6). Pub. L. 103–429, §6(36)(A), redesignated par. (4) as (6). Former par. (6) redesignated (8).
Subsec. (b)(6)(A). Pub. L. 103–429, §6(36)(D), substituted “paragraph (1)(A)” for “paragraph (2)(A)” in introductory provisions.
Subsec. (b)(7), (8). Pub. L. 103–429, §6(36)(A), redesignated pars. (5) and (6) as (7) and (8), respectively.
Effective Date of 2007 Amendment
Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under section 1824 of Title 2, The Congress.
Effect of Repeal on Existing Exemptions
Pub. L. 110–140, title I, §113(b), (c), Dec. 19, 2007, 121 Stat. 1508, provided that:
“(b)
“(c)
§32905. Manufacturing incentives for alternative fuel automobiles
(a)
(b)
(1) .5 divided by the fuel economy measured under section 32904(c) of this title when operating the model on gasoline or diesel fuel; and
(2) .5 divided by the fuel economy—
(A) measured under subsection (a) when operating the model on alternative fuel; or
(B) measured based on the fuel content of B20 when operating the model on B20, which is deemed to contain 0.15 gallon of fuel.
(c)
(d)
(1) .5 divided by the fuel economy measured under section 32904(c) of this title when operating the model on gasoline or diesel fuel; and
(2) .5 divided by the fuel economy measured under subsection (c) of this section when operating the model on gaseous fuel.
(e)
(f)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1065; Pub. L. 104–287, §5(63), Oct. 11, 1996, 110 Stat. 3395; Pub. L. 109–58, title VII, §§759, 772(a), Aug. 8, 2005, 119 Stat. 833, 834; Pub. L. 110–140, title I, §109(b), (c), Dec. 19, 2007, 121 Stat. 1506.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32905(a) | 15:2013(a), (f)(1). | Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §513(a)–(f); added Oct. 14, 1988, Pub. L. 100–494, §6(a), 102 Stat. 2448; Oct. 24, 1992, Pub. L. 102–486, §403(5)(A)–(F), 106 Stat. 2876. |
| 32905(b) | 15:2013(b), (f)(1). | |
| 32905(c) | 15:2013(c), (f)(1). | |
| 32905(d) | 15:2013(d), (f)(1). | |
| 32905(e) | 15:2013(e). | |
| 32905(f) | 15:2013(f)(2)(B). | |
| 32905(g) | 15:2013(f)(2)(A). |
In subsections (a) and (c), the words “after model year 1992” are substituted for “Subsections (a) and (c) shall apply only to automobiles manufactured after model year 1992” because of the restatement.
In subsections (b) and (d), before each clause (1), the words “in model years 1993–2004” are substituted for “Except as otherwise provided in this subsection, subsections (b) and (d) shall apply only to automobiles manufactured in model year 1993 through model year 2004” to eliminate unnecessary words and because of the restatement.
In subsection (c), the words “For purposes of this section” and “than natural gas” are omitted as unnecessary because of the restatement. The words “a gallon equivalent of natural gas” are omitted as being included in “A gallon equivalent of any gaseous fuel”.
In subsection (e), the words “subject to the provisions of this section” are omitted as unnecessary because of the restatement. The words “for each model described under subsections (a)–(d) of this section” are substituted for “for each model type of dedicated automobile or dual fueled automobile” to eliminate unnecessary words. The words “by using as the denominator” are substituted for “by including as the denominator of the term” for clarity.
Amendments
2007—Subsec. (b). Pub. L. 110–140, §109(b)(1), substituted “1993 through 2019” for “1993–2010” in introductory provisions.
Subsec. (b)(2). Pub. L. 110–140, §109(c), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “.5 divided by the fuel economy measured under subsection (a) of this section when operating the model on alternative fuel.”
Subsec. (d). Pub. L. 110–140, §109(b)(2), substituted “1993 through 2019” for “1993–2010” in introductory provisions.
Subsecs. (f) to (h). Pub. L. 110–140, §109(b)(3), (4), redesignated subsec. (h) as (f) and struck out former subsecs. (f) and (g) which related to temporary extension of application of subsecs. (b) and (d) and study and report on success of the policy of subsecs. (b) and (d), respectively.
2005—Subsecs. (b), (d). Pub. L. 109–58, §772(a)(1), substituted “1993–2010” for “1993–2004” in introductory provisions.
Subsec. (f). Pub. L. 109–58, §772(a)(2), substituted “2007” for “2001” in introductory provisions.
Subsec. (f)(1). Pub. L. 109–58, §772(a)(3), substituted “2010” for “2004”.
Subsec. (h). Pub. L. 109–58, §759, added subsec. (h).
1996—Subsec. (g). Pub. L. 104–287 substituted “Committee on Commerce” for “Committee on Energy and Commerce”.
Effective Date of 2007 Amendment
Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under section 1824 of Title 2, The Congress.
§32906. Maximum fuel economy increase for alternative fuel automobiles
(a)
(1) 1.2 miles a gallon for each of model years 1993 through 2014;
(2) 1.0 miles per gallon for model year 2015;
(3) 0.8 miles per gallon for model year 2016;
(4) 0.6 miles per gallon for model year 2017;
(5) 0.4 miles per gallon for model year 2018;
(6) 0.2 miles per gallon for model year 2019; and
(7) 0 miles per gallon for model years after 2019.
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1067; Pub. L. 109–58, title VII, §772(b), Aug. 8, 2005, 119 Stat. 834; Pub. L. 110–140, title I, §109(a), Dec. 19, 2007, 121 Stat. 1505.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32906(a) | 15:2013(g)(1). | Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §513(g)(1), (2)(A); added Oct. 14, 1988, Pub. L. 100–494, §6(a), 102 Stat. 2449; Oct. 24, 1992, Pub. L. 102–486, §403(5) (G)(i), (ii)(I), 106 Stat. 2877. |
| 32906(b) | 15:2013(g)(2)(A). |
Amendments
2007—Pub. L. 110–140 amended section generally, substituting provisions relating to maximum increase in average fuel economy for each of model years 1993 through 2019 and calculation of each such increase for provisions relating to maximum increase for each of model years 1993 through 2010 and authorizing offsets if the Secretary of Transportation reduced the average fuel economy standard for passenger automobiles for any model year below 27.5 miles per gallon.
2005—Subsec. (a)(1)(A). Pub. L. 109–58, §772(b)(1), substituted “model years 1993–2010” for “the model years 1993–2004”.
Subsec. (a)(1)(B). Pub. L. 109–58, §772(b)(2), substituted “model years 2011–2014” for “the model years 2005–2008”.
Effective Date of 2007 Amendment
Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under section 1824 of Title 2, The Congress.
§32907. Reports and tests of manufacturers
(a)
(A) whether the manufacturer will comply with an applicable average fuel economy standard under section 32902 of this title for the model year for which the report is made;
(B) the actions the manufacturer has taken or intends to take to comply with the standard; and
(C) other information the Secretary requires by regulation.
(2) A manufacturer shall submit a report under paragraph (1) of this subsection during the 30 days—
(A) before the beginning of each model year; and
(B) beginning on the 180th day of the model year.
(3) When a manufacturer decides that actions reported under paragraph (1)(B) of this subsection are not sufficient to ensure compliance with that standard, the manufacturer shall report to the Secretary additional actions the manufacturer intends to take to comply with the standard and include a statement about whether those actions are sufficient to ensure compliance.
(4) This subsection does not apply to a manufacturer for a model year for which the manufacturer is subject to an alternative average fuel economy standard under section 32902(d) of this title.
(b)
(2) The district courts of the United States may—
(A) issue an order enforcing a requirement or request under paragraph (1) of this subsection; and
(B) punish a failure to obey the order as a contempt of court.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1067.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32907(a) | 15:2005(a)(1)–(3). | Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §505(a)(1)–(3), (c); added Dec. 22, 1975, Pub. L. 94–163, §301, 89 Stat. 908, 909. |
| 15:2005(a)(4). | Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §505(a)(4); added Oct. 10, 1980, Pub. L. 96–425, §3(b), 94 Stat. 1822. | |
| 32907(b) | 15:2005(c). |
In subsection (a)(1), before clause (A), the words “shall report to the Secretary of Transportation on” are substituted for “shall submit a report to the Secretary . . . Each such report shall contain (A) a statement as to” to eliminate unnecessary words. In clause (B), the words “the actions” are substituted for “a plan which describes the steps” to eliminate unnecessary words.
In subsection (a)(2)(A), the words “after model year 1977” are omitted as obsolete.
In subsection (a)(3), the words “actions reported . . . are not sufficient to ensure compliance with that standard” are substituted for “a plan submitted . . . which he stated was sufficient to insure compliance with applicable average fuel economy standards is not sufficient to insure such compliance” to eliminate unnecessary words and for consistency in the section. The words “additional actions” are substituted for “a revised plan which specifies any additional measures” for consistency in the section. The text of 15:2005(a)(3) is omitted as surplus because of 49:322(a).
In subsection (b)(1), the words “Under regulations prescribed by the Secretary or the Administrator of the Environmental Protection Agency to carry out this chapter” are substituted for “as the Secretary or the EPA Administrator may, by rule, reasonably require to enable the Secretary or the EPA Administrator to carry out their duties under this subchapter and under any rules prescribed pursuant to this subchapter” to eliminate unnecessary words, for consistency in the revised title, and because “rules” and “regulations” are synonymous. The words “establish and” are omitted as surplus. The 2d sentence is substituted for 15:2005(c) (2d sentence) to eliminate unnecessary words and for consistency. The text of 15:2005(c)(1) (last sentence) is omitted as surplus because of section 32910(d) of the revised title and 49:322(a).
Subsection (b)(2)(A) is substituted for “if a manufacturer refuses to accede to any rule or reasonable request made under paragraph (1), issue an order requiring compliance with such requirement or request” to eliminate unnecessary words.
Subsection (b)(2)(B) is substituted for 15:2005(c) (last sentence) to eliminate unnecessary words.
§32908. Fuel economy information
(a)
(1) “automobile” includes an automobile rated at not more than 8,500 pounds gross vehicle weight regardless of whether the Secretary of Transportation has applied this chapter to the automobile under section 32901(a)(3)(B) of this title.
(2) “dealer” means a person residing or located in a State, the District of Columbia, or a territory or possession of the United States, and engaged in the sale or distribution of new automobiles to the first person (except a dealer buying as a dealer) that buys the automobile in good faith other than for resale.
(b)
(A) the fuel economy of the automobile.
(B) the estimated annual fuel cost of operating the automobile.
(C) the range of fuel economy of comparable automobiles of all manufacturers.
(D) a statement that a booklet is available from the dealer to assist in making a comparison of fuel economy of other automobiles manufactured by all manufacturers in that model year.
(E) the amount of the automobile fuel efficiency tax imposed on the sale of the automobile under section 4064 of the Internal Revenue Code of 1986 (26 U.S.C. 4064).
(F) other information required or authorized by the Administrator that is related to the information required by clauses (A)–(D) of this paragraph.
(2) The Administrator may allow a manufacturer to comply with this subsection by—
(A) disclosing the information on the label required under section 3 of the Automobile Information Disclosure Act (15 U.S.C. 1232); and
(B) including the statement required by paragraph (1)(E) of this subsection at a time and in a way that takes into account special circumstances or characteristics.
(3) For dedicated automobiles manufactured after model year 1992, the fuel economy of those automobiles under paragraph (1)(A) of this subsection is the fuel economy for those automobiles when operated on alternative fuel, measured under section 32905(a) or (c) of this title, multiplied by .15. Each label required under paragraph (1) of this subsection for dual fueled automobiles shall—
(A) indicate the fuel economy of the automobile when operated on gasoline or diesel fuel;
(B) clearly identify the automobile as a dual fueled automobile;
(C) clearly identify the fuels on which the automobile may be operated; and
(D) contain a statement informing the consumer that the additional information required by subsection (c)(2) of this section is published and distributed by the Secretary of Energy.
(c)
(A) shall be simple and readily understandable;
(B) shall contain information on fuel economy and estimated annual fuel costs of operating automobiles manufactured in each model year; and
(C) may contain information on geographical or other differences in estimated annual fuel costs.
(2)(A) For dual fueled automobiles manufactured after model year 1992, the booklet published under paragraph (1) shall contain additional information on—
(i) the energy efficiency and cost of operation of those automobiles when operated on gasoline or diesel fuel as compared to those automobiles when operated on alternative fuel; and
(ii) the driving range of those automobiles when operated on gasoline or diesel fuel as compared to those automobiles when operated on alternative fuel.
(B) For dual fueled automobiles, the booklet published under paragraph (1) also shall contain—
(i) information on the miles a gallon achieved by the automobiles when operated on alternative fuel; and
(ii) a statement explaining how the information made available under this paragraph can be expected to change when the automobile is operated on mixtures of alternative fuel and gasoline or diesel fuel.
(3) The Secretary of Energy shall publish and distribute the booklet. The Administrator shall prescribe regulations requiring dealers to make the booklet available to prospective buyers.
(d)
(e)
(1) a violation of section 3 of the Automobile Information Disclosure Act (15 U.S.C. 1232); and
(2) an unfair or deceptive act or practice in or affecting commerce under the Federal Trade Commission Act (15 U.S.C. 41 et seq.), except sections 5(m) and 18 (15 U.S.C. 45(m), 57a).
(f)
(g)
(1)
(A) to label new automobiles sold in the United States with—
(i) information reflecting an automobile's performance on the basis of criteria that the Administrator shall develop, not later than 18 months after the date of the enactment of the Ten-in-Ten Fuel Economy Act, to reflect fuel economy and greenhouse gas and other emissions over the useful life of the automobile;
(ii) a rating system that would make it easy for consumers to compare the fuel economy and greenhouse gas and other emissions of automobiles at the point of purchase, including a designation of automobiles—
(I) with the lowest greenhouse gas emissions over the useful life of the vehicles; and
(II) the highest fuel economy; and
(iii) a permanent and prominent display that an automobile is capable of operating on an alternative fuel; and
(B) to include in the owner's manual for vehicles capable of operating on alternative fuels information that describes that capability and the benefits of using alternative fuels, including the renewable nature and environmental benefits of using alternative fuels.
(2)
(A)
(B)
(3)
(4)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1068; Pub. L. 103–429, §6(37), Oct. 31, 1994, 108 Stat. 4382; Pub. L. 110–140, title I, §105, Dec. 19, 2007, 121 Stat. 1503.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32908(a) | 15:2006(c)(2). | Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §506(a)(1)–(3), (b)(1), (2), (c)(1), (2), (d), (e); added Dec. 22, 1975, Pub. L. 94–163, §301, 89 Stat. 910; Nov. 9, 1978, Pub. L. 95–619, §§401(a)(2), 403(a), (b), 92 Stat. 3254, 3256. |
| 15:2006(c)(3). | Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §506(c)(3); added Nov. 9, 1978, Pub. L. 95–619, §401(a)(1), 92 Stat. 3254. | |
| 32908(b)(1), (2) | 15:2006(a)(1)–(3). | |
| 32908(b)(3) | 15:2006(a)(4). | Oct. 20, 1972, Pub. L. 92–516, 86 Stat. 947, §506(a)(4), (b)(3); added Oct. 14, 1988, Pub. L. 100–494, §8(a), 102 Stat. 2452; Oct. 24, 1992, Pub. L. 102–486, §403(3), (4), 106 Stat. 2876. |
| 15:2006 (note). | Oct. 14, 1988, Pub. L. 100–494, §8(b), 102 Stat. 2453. | |
| 32908(c)(1) | 15:2006(b)(1) (1st sentence). | |
| 32908(c)(2) | 15:2006(b)(3). | |
| 15:2006 (note). | ||
| 32908(c)(3) | 15:2006(b)(1) (last sentence), (2). | |
| 32908(d) | 15:2006(d). | |
| 32908(e) | 15:2006(c)(1). | |
| 32908(f) | 15:2006(e). |
In this section, references to the Secretary of Energy are substituted for references to the Administrator of the Federal Energy Administration because of 42:7151.
In subsection (a)(1), the words “regardless of whether the Secretary of Transportation has applied this chapter to the automobile” are substituted for “notwithstanding any lack of determination required of the Secretary” for consistency with section 32901(b) of the revised title.
In subsection (a)(2), the words “means a person residing or located in a State, the District of Columbia, or a territory or possession of the United States, and engaged in the sale or distribution of new automobiles to the first person (except a dealer buying as a dealer) that buys the automobile in good faith other than for resale” are substituted for “has the same meaning as such term has in section 2(e) of the Automobile Information Disclosure Act (15 U.S.C. 1231(e))” to include the words of 15:1231(e) and (g) in the subsection for clarity. The words “territory or possession” are substituted for “Territory” for consistency in the revised title and with other titles of the United States Code. The words “except that in applying such term to this section, the term ‘automobile’ has the same meaning as such term has in section 2001(1) of this title (taking into account paragraph (3) of this subsection)” are omitted as surplus.
In subsection (b)(1), before clause (A), the text of 15:2006(a)(2) is omitted as executed. The words “Except as otherwise provided in paragraph (2)” are omitted as surplus because 15:2006(a)(2) is executed and is not part of the revised title. The words “Under regulations of the Administrator of the Environmental Protection Agency” are substituted for “as determined in accordance with rules of the EPA Administrator” and the text of 15:2006(a)(3) (1st, 2d sentences) to eliminate unnecessary words, for consistency in the revised title, and because “rules” is synonymous with “regulations”. The word “attach” is substituted for “cause to be affixed”, to eliminate unnecessary words. The words “after model year 1976” are omitted as executed. The words “The label shall contain the following information” are substituted for “indicating” and “containing” for clarity. In clause (C), the words “of all manufacturers” are substituted for “(whether or not manufactured by such manufacturer)” to eliminate unnecessary words. In clause (D), the words “a booklet is available from the dealer to assist in making a comparison of fuel economy of other automobiles manufactured by all manufacturers in that model year” are substituted for “written information (as described in subsection (b)(1) of this section) with respect to the fuel economy of other automobiles manufactured in such model year (whether or not manufactured by such manufacturer) is available from the dealer in order to facilitate comparison among the various model types” to eliminate unnecessary words. In clause (E), the words “automobile fuel efficiency tax imposed on the sale of the automobile under section 4064 of the Internal Revenue Code of 1986 (26 U.S.C. 4064)” are substituted for “in the case of any automobile, the sale of which is subject to any Federal tax imposed with respect to automobile fuel efficiency, a statement indicating the amount of such tax” for clarity.
In subsection (b)(3)(D), the words “Secretary of Energy” are substituted for “Department of Energy” because of 42:7131.
In subsection (c)(1), before clause (A), the words “compile and” are omitted as surplus.
In subsection (c)(3), the words “not later than July 31, 1976” are omitted as executed. The words “make the booklet available to prospective buyers” are substituted for “make available to prospective purchasers information compiled by the EPA Administrator under paragraph (1)” to eliminate unnecessary words.
In subsection (d), the words “which is required to be made”, “an express or implied”, and “that such fuel economy will be achieved, or that such cost will not be exceeded, under conditions of actual use” are omitted as surplus.
In subsection (f), the words “his duties under” are omitted as surplus.
Pub. L. 103–429
This amends 49:32908(b)(1) to clarify the restatement of 15:2006(a)(1) by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1068).
References in Text
The Federal Trade Commission Act, referred to in subsec. (e)(2), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is classified generally to subchapter I (§41 et seq.) of chapter 2 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see section 58 of Title 15 and Tables.
The date of the enactment of the Ten-in-Ten Fuel Economy Act, referred to in subsec. (g)(1)(A)(i), (4), is the date of enactment of subtitle A (§§101–113) of title I of Pub. L. 110–140, which was approved Dec. 19, 2007.
Subsection (h) of section 32905 of this title, referred to in subsec. (g)(3), was redesignated (f) by Pub. L. 110–140, title I, §109(b)(4), Dec. 19, 2007, 121 Stat. 1506.
Amendments
2007—Subsec. (g). Pub. L. 110–140 added subsec. (g).
1994—Subsec. (b)(1). Pub. L. 103–429 inserted “on the automobile” after “maintain the label” in introductory provisions.
Effective Date of 2007 Amendment
Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under section 1824 of Title 2, The Congress.
Periodic Review of Accuracy of Fuel Economy Labeling Procedures
Pub. L. 110–140, title I, §110, Dec. 19, 2007, 121 Stat. 1506, provided that: “Beginning in December 2009, and not less often than every 5 years thereafter, the Administrator of the Environmental Protection Agency, in consultation with the Secretary of Transportation, shall—
“(1) reevaluate the fuel economy labeling procedures described in the final rule published in the Federal Register on December 27, 2006 (71 Fed. Reg. 77,872; 40 CFR parts 86 and 600) to determine whether changes in the factors used to establish the labeling procedures warrant a revision of that process; and
“(2) submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives that describes the results of the reevaluation process.”
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
1 See References in Text note below.
§32909. Judicial review of regulations
(a)
(2) A person adversely affected by a regulation prescribed under section 32912(c)(1) of this title may apply for review of the regulation by filing a petition for review in the court of appeals of the United States for the circuit in which the person resides or has its principal place of business.
(b)
(c)
(2) The Secretary or the Administrator may amend or set aside the regulation, or prescribe a new regulation because of the additional submissions presented. The Secretary or Administrator shall file an amended or new regulation and the additional submissions with the court. The court shall review a changed or new regulation.
(d)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1070; Pub. L. 103–429, §6(38), Oct. 31, 1994, 108 Stat. 4382.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32909(a)(1) | 15:2004(a) (1st sentence words before 4th and after 6th commas, last sentence). | Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §504; added Dec. 22, 1975, Pub. L. 94–163, §301, 89 Stat. 908. |
| 32909(a)(2) | 15:2004(a) (4th sentence). | |
| 15:2008(e)(3)(A) (1st sentence less 15th–31st words), (B). | Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §508(e)(3); added Nov. 9, 1978, Pub. L. 95–619, §402, 92 Stat. 3256. | |
| 32909(b) | 15:2004(a) (1st sentence words between 4th and 6th commas, 2d, 3d sentences). | |
| 15:2008(e)(3)(A) (1st sentence 15th–31st words, 2d, last sentences). | ||
| 32909(c) | 15:2004(b). | |
| 32909(d) | 15:2004(c), (d). | |
| 15:2008(e)(3)(C). |
In this section, the word “regulation” is substituted for “rule” for consistency in the revised title and because the terms are synonymous.
In subsection (a)(1) and (2), the words “apply for review” are added for clarity.
In subsection (a)(1), the text of 15:2004(a) (last sentence) is omitted because 15:2002(d) is executed and is not a part of the revised title.
In subsection (a)(2), the words “adversely affected” are substituted for “aggrieved”, and the words “regulation prescribed” are substituted for “final rule”, for consistency in the revised title and with other titles of the United States Code. The text of 15:2004(a) (4th sentence) and 2008(e)(3)(B) is omitted because 5:ch. 7 applies unless otherwise stated.
In subsection (b), the words “a regulation prescribing an amendment of a standard submitted to Congress” are substituted for “or in the case of an amendment submitted to each House of Congress” in 15:2004(a), and the words “the Secretary of Transportation or the Administrator of the Environmental Protection Agency, whoever prescribed the regulation” are substituted for “the officer who prescribed the rule”, for clarity. The words “a record of the proceeding in which the regulation was prescribed” are substituted for “the written submissions and other materials in the proceeding upon which such rule was based” in 15:2004(a) and “the written submissions to, and transcript of, the written and oral proceedings on which the rule was based, as provided in section 2112 of title 28, United States Code” in 15:2008(e)(3) for consistency and to eliminate unnecessary words.
In subsection (c)(1), the words “on request of the petitioner” are substituted for “If the petitioner applies to the court in a proceeding under subsection (a) of this section for leave to make additional submissions”, and the words “to receive additional submissions” are substituted for “to provide additional opportunity to make such submissions”, for clarity.
In subsection (c)(2), the words “amend . . . the regulation” and “amended . . . regulation” are substituted for “modify . . . the rule” and “modified . . . rule”, respectively, for consistency in the chapter and because “regulation” is synonymous with “rule”.
In subsection (d), the words “affirming or setting aside, in whole or in part” are omitted as surplus. The words “and not in lieu of” in 15:2004(d) are omitted as surplus.
Pub. L. 103–429
This amends 49:32909(a)(1) to correct an erroneous cross-reference.
Amendments
1994—Subsec. (a)(1). Pub. L. 103–429 substituted “any of sections 32901–32904” for “section 32901–32904”.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
§32910. Administrative
(a)
(A) inspect and copy records of any person at reasonable times;
(B) order a person to file written reports or answers to specific questions, including reports or answers under oath; and
(C) conduct hearings, administer oaths, take testimony, and subpena witnesses and records the Secretary or Administrator considers advisable.
(2) A witness summoned under paragraph (1)(C) of this subsection is entitled to the same fee and mileage the witness would have been paid in a court of the United States.
(b)
(c)
(d)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1070; Pub. L. 103–429, §6(39), Oct. 31, 1994, 108 Stat. 4382.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32910(a) | 15:2005(b)(1), (3). | Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §505(b), (d); added Dec. 22, 1975, Pub. L. 94–163, §301, 89 Stat. 909. |
| 32910(b) | 15:2005(b)(2). | |
| 32910(c) | 15:2005(d). | |
| 32910(d) | (no source). |
In subsection (a)(1), before clause (A), the words “or their duly designated agents” are omitted as surplus because of 49:322(b) and section 3 of Reorganization Plan No. 3 of 1970 (eff. Dec. 2, 1970, 84 Stat. 2089). In clause (A), the words “inspect and copy records of any person” are substituted for “require, by general or special orders, that any person . . . (B) provide . . . access to (and for the purpose of examination, the right to copy) any documentary evidence of such person” to eliminate unnecessary words. The words “which is relevant to any functions of the Secretary or the EPA Administrator under this subchapter” are omitted as covered by “In carrying out this chapter”. In clause (B), the word “order” is substituted for “require, by general or special orders”, and the words “including reports or answers under oath” are substituted for “Such reports and answers shall be made under oath or otherwise”, to eliminate unnecessary words. The words “in such form as the Secretary or EPA Administrator may prescribe” and “shall be filed with the Secretary or the EPA Administrator within such reasonable period as either may prescribe” are omitted as surplus because of subsection (d) of this section and 49:322(a). The words “relating to any function of the Secretary or the EPA Administrator under this subchapter” are omitted as surplus. In clause (C), the words “sit and act at such times and places” are omitted as being included in “conduct hearings”. The words “subpena witnesses” are substituted for “require, by subpena, the attendance and testimony of such witnesses” to eliminate unnecessary words.
In subsection (b), the words “A civil action to enforce a subpena or order of the Secretary or Administrator under subsection (a) of this section may be brought in the district court of the United States for the judicial district in which the proceeding by the Secretary or Administrator was conducted” are substituted for 15:2005(b)(2) (1st sentence) for consistency and to eliminate unnecessary words.
In subsection (c), the words “to the public” are omitted as surplus. The words “However, the Secretary or the Administrator may withhold information” are substituted for “except that information may be withheld from disclosure” for clarity.
Subsection (d) is added for convenience because throughout the chapter the Administrator is given authority to prescribe regulations to carry out duties of the Administrator.
Pub. L. 103–429
This amends 49:32910(b) to clarify the restatement of 15:2005(b)(2) by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1071).
Amendments
1994—Subsec. (b). Pub. L. 103–429 substituted “any judicial district in which the proceeding by the Secretary or Administrator is conducted” for “the judicial district in which the proceeding by the Secretary or Administrator was conducted”.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
§32911. Compliance
(a)
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1071; Pub. L. 103–429, §6(40), Oct. 31, 1994, 108 Stat. 4382.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32911(a) | 15:2007(a)(3). | Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §§507(a), 508(a); added Dec. 22, 1975, Pub. L. 94–163, §301, 89 Stat. 911; Oct. 10, 1980, Pub. L. 96–425, §6(a)(1), (c)(1), (2), 94 Stat. 1826, 1827. |
| 15:2008(a)(2). | ||
| 32911(b) | 15:2007(a)(1), (2). | |
| 15:2007(b). | Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §507(b); added Oct. 10, 1980, Pub. L. 96–425, §6(a)(2), 94 Stat. 1826. | |
| 15:2008(a). |
In this section, the words “commits a violation if the . . . fails” are substituted for “the following conduct is unlawful . . . the failure of any person” for clarity and consistency in the revised title.
In subsection (a), the reference to 15:2011 is omitted because that provision is not restated in this chapter. The words “The Secretary of Transportation shall conduct a proceeding, with an opportunity for a hearing on the record, to decide” are substituted for “If, on the record after opportunity for agency hearing, the Secretary determines” in 15:2008 for clarity. The words “the Secretary shall assess the penalties provided for under subsection (b) of this section” are omitted as surplus.
In subsection (b), the words “Compliance is determined after considering credits available to the manufacturer under section 32903 of this title” are substituted for 15:2007(b) to eliminate unnecessary words. The words “the Secretary shall conduct a proceeding, with an opportunity for a hearing on the record, to decide” are substituted for “the Secretary shall commence a proceeding under paragraph (2) of this subsection” in 15:2008(a)(1) and “If, on the record after opportunity for agency hearing, the Secretary determines” in 15:2008(a)(2) for clarity. The words “may not conduct” are substituted for “(unless” in 15:2008(a)(1) for clarity.
Pub. L. 103–429
This makes a conforming amendment necessary because of the restatement of 15:2011 as 49:32918 by section 6(43)(A) of the bill.
Amendments
1994—Subsec. (a). Pub. L. 103–429 substituted “, 32917(b), and 32918” for “, and 32917(b)”.
§32912. Civil penalties
(a)
(b)
(1) calculated under section 32904(a)(1)(A) or (B) of this title for automobiles to which the standard applies manufactured by the manufacturer during the model year;
(2) multiplied by the number of those automobiles; and
(3) reduced by the credits available to the manufacturer under section 32903 of this title for the model year.
(c)
(i) will result in, or substantially further, substantial energy conservation for automobiles in model years in which the increased penalty may be imposed; and
(ii) will not have a substantial deleterious impact on the economy of the United States, a State, or a region of a State.
(B) The amount prescribed under subparagraph (A) of this paragraph may not be more than $10 for each .1 of a mile a gallon.
(C) The Secretary may make a decision under subparagraph (A)(ii) of this paragraph only when the Secretary decides that it is likely that the increase in the penalty will not—
(i) cause a significant increase in unemployment in a State or a region of a State;
(ii) adversely affect competition; or
(iii) cause a significant increase in automobile imports.
(D) A higher amount prescribed under subparagraph (A) of this paragraph is effective for the model year beginning at least 18 months after the regulation stating the higher amount becomes final.
(2) The Secretary shall publish in the Federal Register a proposed regulation under this subsection and a statement of the basis for the regulation and provide each manufacturer of automobiles a copy of the proposed regulation and the statement. The Secretary shall provide a period of at least 45 days for written public comments on the proposed regulation. The Secretary shall submit a copy of the proposed regulation to the Federal Trade Commission and request the Commission to comment on the proposed regulation within that period. After that period, the Secretary shall give interested persons and the Commission an opportunity at a public hearing to present oral information, views, and arguments and to direct questions about disputed issues of material fact to—
(A) other interested persons making oral presentations;
(B) employees and contractors of the Government that made written comments or an oral presentation or participated in the development or consideration of the proposed regulation; and
(C) experts and consultants that provided information to a person that the person includes, or refers to, in an oral presentation.
(3) The Secretary may restrict the questions of an interested person and the Commission when the Secretary decides that the questions are duplicative or not likely to result in a timely and effective resolution of the issues. A transcript shall be kept of a public hearing under this subsection. A copy of the transcript and written comments shall be available to the public at the cost of reproduction.
(4) The Secretary shall publish a regulation prescribed under this subsection in the Federal Register with the decisions required under paragraph (1) of this subsection.
(5) An officer or employee of a department, agency, or instrumentality of the Government violates section 1905 of title 18 by disclosing, except in an in camera proceeding by the Secretary or a court, information—
(A) provided to the Secretary or the court during consideration or review of a regulation prescribed under this subsection; and
(B) decided by the Secretary to be confidential under section 11(d) of the Energy Supply and Environmental Coordination Act of 1974 (15 U.S.C. 796(d)).
(d)
(e)
(1) transfer 50 percent of such total amount to the account providing appropriations to the Secretary of Transportation for the administration of this chapter, which shall be used by the Secretary to support rulemaking under this chapter; and
(2) transfer 50 percent of such total amount to the account providing appropriations to the Secretary of Transportation for the administration of this chapter, which shall be used by the Secretary to carry out a program to make grants to manufacturers for retooling, reequipping, or expanding existing manufacturing facilities in the United States to produce advanced technology vehicles and components.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1072; Pub. L. 110–140, title I, §112, Dec. 19, 2007, 121 Stat. 1508.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32912(a) | 15:2008(b)(2). | Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §508(b)(1)–(3) (1st sentence); added Dec. 22, 1975, Pub. L. 94–163, §301, 89 Stat. 913; Oct. 10, 1980, Pub. L. 96–425, §§6(c)(1), (3), 8(f), 94 Stat. 1827, 1828, 1829. |
| 32912(b) | 15:2008(b)(1). | |
| 32912(c)(1) | 15:2008(d). | Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §508(d), (e)(1), (2), (4); added Nov. 9, 1978, Pub. L. 95–619, §402, 92 Stat. 3255, 3256. |
| 32912(c)(2), (3) | 15:2008(e)(1). | |
| 32912(c)(4) | 15:2008(e)(2). | |
| 32912(c)(5) | 15:2008(e)(4). | |
| 32912(d) | 15:2008(b)(3) (1st sentence). |
In this section, the words “whom the Secretary determines under subsection (a) of this section” are omitted as surplus.
In subsection (b), before clause (1)(A), the words “Except as provided in subsection (c) of this section” are added for clarity. The words “that violates a standard prescribed for a model year under section 32902 of this title” are substituted for “to have violated a provision of section 2007(a)(1) of this title with respect to any model year” and “to have violated section 2007(a)(2) of this title” to avoid referring, as in the source, to one provision that in turn refers to another provision. In clause (1), the words “calculated under” are substituted for “established under” for clarity. The reference to section 32904(a)(1)(A), which is a reference to the provision under which average fuel economy for nonpassenger automobiles is calculated, is added for clarity. The reference to section 32904(a)(1)(B), which is a reference to the provision under which average fuel economy for passenger automobiles is calculated, is substituted for the reference in the source to 15:2002(a) and (c), which is a reference to the provision under which the average fuel economy standard for those automobiles is established, for clarity. The words “in which the violation occurs” are omitted as surplus.
In subsection (c)(1)(A), before clause (i), the words “shall prescribe by regulation” are substituted for “shall, by rule . . . substitute” for consistency in the revised title and because “rule” and “regulation” are synonymous. The words “in accordance with the provisions of this subsection and subsection (e)” are omitted as surplus. The words “be less than $5.00” are omitted as surplus because under the subsection the Secretary may only raise the amount imposed to $10, or a $5 increase. The words “in the absence of such rule” are omitted as surplus. The words “increase in the penalty” are substituted for “additional amount of the civil penalty” for clarity. In clause (ii), the words “subject to subparagraph (B)” are omitted as surplus.
In subsection (c)(1)(C), the words “the later of” and the text of 15:2008(d)(3)(A) are omitted as obsolete.
In subsection (c)(2), before clause (A), the words “After the Secretary of Transportation develops a proposed rule pursuant to subsection (d) of this section” are omitted as surplus. In clause (B), the words “written comments or an oral presentation” are substituted for “written or oral presentations” for consistency in the section. The text of 15:2008(e)(1)(B) (last sentence) and (C) is omitted as surplus because of 5:556(d).
In subsection (c)(5), before clause (A), the words “department, agency, or instrumentality” are substituted for “department or agency” for consistency in the revised title and with other titles of the United States Code.
Amendments
2007—Subsec. (e). Pub. L. 110–140 added subsec. (e).
Effective Date of 2007 Amendment
Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under section 1824 of Title 2, The Congress.
§32913. Compromising and remitting civil penalties
(a)
(1) necessary to prevent the insolvency or bankruptcy of the manufacturer of automobiles;
(2) the manufacturer shows that the violation was caused by an act of God, a strike, or a fire; or
(3) the Federal Trade Commission certifies under subsection (b)(1) of this section that a reduction in the penalty is necessary to prevent a substantial lessening of competition.
(b)
(2) An application under this subsection must be made not later than 30 days after the Secretary decides that the manufacturer has violated section 32911(b) of this title. To the maximum extent practicable, the Commission shall make a decision on an application by the 90th day after the application is filed. A proceeding under this subsection may not delay the manufacturer's liability for the penalty for more than 90 days after the application is filed.
(3) When a civil penalty is collected in a civil action under this chapter before a decision of the Commission under this subsection is final, the payment shall be paid to the court in which the action was brought. The court shall deposit the payment in the general fund of the Treasury on the 90th day after the decision of the Commission becomes final. When the court is holding payment of a penalty reduced under subsection (a)(3) of this section, the Secretary shall direct the court to remit the appropriate amount of the penalty to the manufacturer.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1073; Pub. L. 103–429, §6(41), Oct. 31, 1994, 108 Stat. 4382; Pub. L. 104–287, §6(d)(1)(A), Oct. 11, 1996, 110 Stat. 3399.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32913(a) | 15:2008(b)(3) (2d sentence). | Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §508(b)(3) (2d sentence), (4), (5); added Dec. 22, 1975, Pub. L. 94–163, §301, 89 Stat. 913; Oct. 10, 1980, Pub. L. 96–425, §6(c)(1), 94 Stat. 1827. |
| 32913(b) | 15:2008(b)(4), (5). |
In subsection (a), before clause (1), the words “compromise or remit” are substituted for “compromise, modify, or remit, with or without conditions” for consistency in the revised title. The words “against any person” are omitted as surplus. The reference to section 32912(b) (a restatement of 15:2008(b)(1)) is used rather than a reference to 32911(b) (a restatement of 15:2007(a)(1) or (2)) to avoid referring, as in the source, to one provision that in turn refers to another provision. In clause (3), the word “reduction” is substituted for “modification” for clarity. The words “as determined under paragraph (4)” are omitted as surplus.
In subsection (b)(1), the words “the standard that was violated” are substituted for “the standard with respect to which such penalty was assessed”, and the words “The Commission shall make the certification when it finds that reduction” are substituted for “If the manufacturer shows and the Federal Trade Commission determines that modification of the civil penalty for which such manufacturer is otherwise liable . . . the Commission shall so certify”, to eliminate unnecessary words.
In subsection (b)(3), the words “When a civil penalty is collected in a civil action under this chapter” are substituted for “but any payment made” for clarity. The words “action was brought” are substituted for “the penalty is collected” for consistency. The words “and shall (except as otherwise provided in paragraph (5)), be held by such court” are omitted as surplus. The words “When the court is holding payment of a penalty reduced under subsection (a)(3) of this section” are substituted for “Whenever a civil penalty has been assessed and collected from a manufacturer under this section, and is being held by a court in accordance with paragraph (4), and the Secretary subsequently determines to modify such civil penalty pursuant to paragraph (3)(C)” to eliminate unnecessary words.
Pub. L. 103–429
This amends 49:32913(b)(1) to clarify the restatement of 15:2008(b)(4) and (5) by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1073).
Amendments
1996—Subsec. (b). Pub. L. 104–287 made technical amendment to directory language of Pub. L. 103–429, §6(41). See 1994 Amendment notes below.
1994—Subsec. (b). Pub. L. 103–429, §6(41)(A), as amended by Pub. L. 104–287, substituted “Certification” for “Penalty Reduction” in heading.
Subsec. (b)(1). Pub. L. 103–429, §6(41)(B), as amended by Pub. L. 104–287, substituted “a reduction in the penalty is necessary” for “the penalty should be reduced”.
Effective Date of 1996 Amendment
Section 6(d) of Pub. L. 104–287 provided that the amendment made by that section is effective Oct. 31, 1994.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
§32914. Collecting civil penalties
(a)
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1074.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32914(a) | 15:2008(b)(3) (last sentence), (c)(2). | Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §508(b)(3) (last sentence), (6), (c)(2); added Dec. 22, 1975, Pub. L. 94–163, §301, 89 Stat. 913, 914. |
| 32914(b) | 15:2008(b)(6). |
In subsection (a), the text of 15:2008(b)(3) (last sentence) is omitted as surplus because of 28:516 and 2461(a). The words “an assessment of” and “and unappealable” are omitted as surplus. The words “of the Secretary of Transportation” are added for clarity. The words “for a circuit” are added for consistency. The words “in favor of the Secretary” are omitted as surplus. The words “shall bring a civil action . . . to collect the penalty” are substituted for “shall recover the amount for which the manufacturer is liable” for consistency.
In subsection (b), the words “A claim of a creditor against a bankrupt or insolvent manufacturer of automobiles has priority over a claim of the United States Government against the manufacturer” are substituted for “A claim of the United States . . . against a manufacturer . . . shall, in the case of the bankruptcy or insolvency of such manufacturer, be subordinate to any claim of a creditor of such manufacturer” for clarity and to eliminate unnecessary words. The words “the date on which” are omitted as surplus.
§32915. Appealing civil penalties
Any interested person may appeal a decision of the Secretary of Transportation to impose a civil penalty under section 32912(a) or (b) of this title, or of the Federal Trade Commission under section 32913(b)(1) of this title, in the United States Court of Appeals for the District of Columbia Circuit or in the court of appeals of the United States for the circuit in which the person resides or has its principal place of business. A person appealing a decision must file a notice of appeal with the court not later than 30 days after the decision and, at the same time, send a copy of the notice by certified mail to the Secretary or the Commission. The Secretary or the Commission promptly shall file with the court a certified copy of the record of the proceeding in which the decision was made.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1074.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32915 | 15:2008(c)(1). | Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §508(c)(1); added Dec. 22, 1975, Pub. L. 94–163, §301, 89 Stat. 914. |
The words “as the case may be” are omitted as surplus. The text of 15:2008(c)(1) (last sentence) is omitted as surplus because 5:ch. 7 applies unless otherwise stated.
§32916. Reports to Congress
(a)
(b)
(A) achieves the purposes of this chapter;
(B) improves fuel efficiency (thereby facilitating conservation of petroleum and reducing petroleum imports);
(C) has promoted employment in the United States related to automobile manufacturing;
(D) has not caused unreasonable harm to the automobile manufacturing sector in the United States; and
(E) has permitted manufacturers that have assembled passenger automobiles deemed to be manufactured domestically under section 32904(b)(2) of this title thereafter to assemble in the United States passenger automobiles of the same model that have less than 75 percent of their value added in the United States or Canada, together with the reasons.
(2) The Secretary of Transportation shall include the results of the examination under paragraph (1) of this subsection in each report submitted under subsection (a) of this section more than 180 days after an exemption has been granted under section 32904(b)(6) of this title, or submit the results of the examination directly to Congress before the report is submitted when circumstances warrant.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1074; Pub. L. 103–429, §6(42), Oct. 31, 1994, 108 Stat. 4382.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32916(a) | 15:2002(a)(2). | Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §502(a)(2); added Dec. 22, 1975, Pub. L. 94–163, §301, 89 Stat. 902. |
| 32916(b)(1) | 15:2012(c)(1). | Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §512(c); added Oct. 10, 1980, Pub. L. 96–425, §4(a)(2), 94 Stat. 1823. |
| 32916(b)(2) | 15:2012(c)(2). |
In subsection (a), the words “a report on the review by the Secretary” are substituted for “a review” for clarity. The words “beginning in 1977” and the text of 15:2002(a) (2d, last sentences) are omitted as executed.
In subsection (b)(1), before clause (A), reference to section 32904(b)(4) the 2d time it appears is substituted for “the amendment made to section 2003(b) of this title by section 4(a)(1) of the Automobile Fuel Efficiency Act of 1980” for clarity and to eliminate unnecessary words. Clause (B) is substituted for “achieves the purposes of that Act” for clarity.
In subsection (b)(2), the reference to “subsection (a) of this section” is restated to refer to 15:2002(a) rather than 15:2012(a) to reflect the apparent intent of Congress. Although 15:2012(c)(2) refers to an annual report under 15:2012(a), that provision does not provide for an annual report.
Pub. L. 103–429
This makes conforming amendments necessary because of the restatement of 15:2003(b)(2)(G) as 49:32904(b)(3) by section 6(36)(B) of the bill.
References in Text
Paragraph (6) of section 32904(b) of this title, referred to in subsec. (b), was repealed by Pub. L. 110–140, title I, §113(a), Dec. 19, 2007, 121 Stat. 1508.
Amendments
1994—Subsec. (b). Pub. L. 103–429, in par. (1), introductory provisions, substituted “32904(b)(6)” for “32904(b)(4)” in two places, in par. (1)(E), substituted “32904(b)(2)” for “32904(b)(1)(A)”, and in par. (2), substituted “32904(b)(6)” for “32904(b)(4)”.
1 See References in Text note below.
§32917. Standards for executive agency automobiles
(a)
(b)
(A) 18 miles a gallon; or
(B) the applicable average fuel economy standard under section 32902(b) or (c) of this title for the model year that includes January 1 of that fiscal year.
(2) Fleet average fuel economy is—
(A) the total number of passenger automobiles leased for at least 60 consecutive days or bought by executive agencies in a fiscal year (except automobiles designed for combat-related missions, law enforcement work, or emergency rescue work); divided by
(B) the sum of the fractions obtained by dividing the number of automobiles of each model leased or bought by the fuel economy of that model.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1075.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32917(a) | 15:2010(b)(2). | Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §510; added Dec. 22, 1975, Pub. L. 94–163, §301, 89 Stat. 915. |
| 32917(b) | 15:2010(a), (b)(1), (3). |
In subsection (b)(1), before clause (A), the words “within 120 days after December 22, 1975” and “which begins after December 22, 1975” are omitted as executed. The words “(determined under paragraph (2) of this subsection)” are added for clarity.
In subsection (b)(2), before clause (A), the words “As used in this section: (1) The term” are omitted as surplus. In clause (A), the words “to which this section applies” and “for the Armed Forces” are omitted as surplus. In clause (B), the words “the sum of the fractions obtained” are substituted for “a sum of terms, each term of which is a fraction created” to eliminate unnecessary words.
§32918. Retrofit devices
(a)
(1) that is designed to be installed in or on an automobile (as an addition to, as a replacement for, or through alteration or modification of, any original component, equipment, or other device); and
(2) that any manufacturer, dealer, or distributor of the device represents will provide higher fuel economy than would have resulted with the automobile as originally equipped,
as determined under regulations of the Administrator of the Environmental Protection Agency. The term also includes a fuel additive for use in an automobile.
(b)
(c)
(2) If under paragraph (1) of this subsection, the Administrator tests, or causes to be tested, any retrofit device on the application of a manufacturer of the device, the manufacturer shall supply, at the manufacturer's expense, one or more samples of the device to the Administrator and shall be liable for the costs of testing incurred by the Administrator. The procedures for testing retrofit devices so supplied may include a requirement for preliminary testing by a qualified independent testing laboratory, at the expense of the manufacturer of the device.
(d)
(A) the effect of any retrofit device on fuel economy;
(B) the effect of the device on emissions of air pollutants; and
(C) any other information the Administrator determines to be relevant in evaluating the device.
(2) The summary and conclusions shall also be submitted to the Secretary of Transportation and the Commission.
(e)
(1) testing and other procedures for evaluating the extent to which retrofit devices affect fuel economy and emissions of air pollutants; and
(2) criteria for evaluating the accuracy of fuel economy representations made with respect to retrofit devices.
(Pub. L. 103–429, §6(43)(B), Oct. 31, 1994, 108 Stat. 4382.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32918 | 15:2011. | Oct. 20, 1972, Pub. L. 92–513, §511, as added Dec. 22, 1975, Pub. L. 94–163, §301, 89 Stat. 915, and amended July 5, 1994, Pub. L. 103–272, §4(c), 108 Stat. 1361. |
This restates 15:2011 to include 15:2011 in the scope of the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 745).
In subsection (a), the words “Administrator of the Environmental Protection Agency” are substituted for “Administrator” for clarity and to conform to the style of the codification which is to state the complete title the first time a descriptive title is used, and thereafter, to use a shorter title unless the context requires the complete title to be used.
In subsections (c) and (e), the word “regulations” is substituted for “rules” and “by rule” for consistency with the restatement of title 49.
In subsection (e)(1), the words “The Administrator shall prescribe regulations establishing” are substituted for “Within 180 days after December 22, 1975, the Administrator shall, by rule, establish” to eliminate executed words.
Prior Provisions
A prior section 32918 was renumbered section 32919 of this title.
§32919. Preemption
(a)
(b)
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1075, §32918; renumbered §32919, Pub. L. 103–429, §6(43)(A), Oct. 31, 1994, 108 Stat. 4382.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 32918 | 15:2009. | Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §509; added Dec. 22, 1975, Pub. L. 94–163, §301, 89 Stat. 914. |
In subsection (a), the word “prescribed” is substituted for “established” for consistency.
Amendments
1994—Pub. L. 103–429 renumbered section 32918 of this title as this section.
CHAPTER 331—THEFT PREVENTION
§33101. Definitions
In this chapter—
(1) “chop shop” means a building, lot, facility, or other structure or premise at which at least one person engages in receiving, concealing, destroying, disassembling, dismantling, reassembling, or storing a passenger motor vehicle or passenger motor vehicle part that has been unlawfully obtained—
(A) to alter, counterfeit, deface, destroy, disguise, falsify, forge, obliterate, or remove the identity of the vehicle or part, including the vehicle identification number or a derivative of that number; and
(B) to distribute, sell, or dispose of the vehicle or part in interstate or foreign commerce.
(2) “covered major part” means a major part selected under section 33104 of this title for coverage by the vehicle theft prevention standard prescribed under section 33102 or 33103 of this title.
(3) “existing line” means a line introduced into commerce before January 1, 1990.
(4) “first purchaser” means the person making the first purchase other than for resale.
(5) “line” means a name that a manufacturer of motor vehicles applies to a group of motor vehicle models of the same make that have the same body or chassis, or otherwise are similar in construction or design.
(6) “major part” means—
(A) the engine;
(B) the transmission;
(C) each door to the passenger compartment;
(D) the hood;
(E) the grille;
(F) each bumper;
(G) each front fender;
(H) the deck lid, tailgate, or hatchback;
(I) each rear quarter panel;
(J) the trunk floor pan;
(K) the frame or, for a unitized body, the supporting structure serving as the frame; and
(L) any other part of a passenger motor vehicle that the Secretary of Transportation by regulation specifies as comparable in design or function to any of the parts listed in subclauses (A)–(K) of this clause.
(7) “major replacement part” means a major part that is—
(A) an original major part in or on a completed motor vehicle and customized or modified after manufacture of the vehicle but before the time of its delivery to the first purchaser; or
(B) not installed in or on a motor vehicle at the time of its delivery to the first purchaser and the equitable or legal title to the vehicle has not been transferred to a first purchaser.
(8) “model year” has the same meaning given that term in section 32901(a) of this title.
(9) “new line” means a line introduced into commerce after December 31, 1989.
(10) “passenger motor vehicle” includes a multipurpose passenger vehicle or light duty truck when that vehicle or truck is rated at not more than 6,000 pounds gross vehicle weight.
(11) “vehicle theft prevention standard” means a minimum performance standard for identifying major parts of new motor vehicles and major replacement parts by inscribing or affixing numbers or symbols on those parts.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1076; Pub. L. 103–429, §6(44), Oct. 31, 1994, 108 Stat. 4383; Pub. L. 104–287, §6(d)(1)(B), Oct. 11, 1996, 110 Stat. 3399.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 33101(1) | 15:2021(11). | Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §601(11); added Oct. 25, 1992, Pub. L. 102–519, §301(b), 106 Stat. 3394. |
| 33101(2) | 15:2021(6). | Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §601(2)–(7), (9), (10); added Oct. 25, 1984, Pub. L. 98–547, §101(a), 98 Stat. 2755, 2756. |
| 33101(3) | 15:2021(3). | |
| 33101(4) | 15:2021(5). | |
| 33101(5) | 15:2021(2). | |
| 33101(6) | 15:2021(7). | |
| 33101(7) | 15:2021(8). | Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §601(1), (8); added Oct. 25, 1984, Pub. L. 98–547, §101(a), 98 Stat. 2755; restated Oct. 25, 1992, Pub. L. 102–519, §301(a), (c), 106 Stat. 3393, 3394. |
| 33101(8) | 15:2021(9). | |
| 33101(9) | 15:2021(4). | |
| 33101(10) | 15:2021(1). | |
| 33101(11) | 15:2021(10). |
In clause (2), the words “section 33102(c)(1)” are substituted for “section 2022(d)(1)(B)” to correct an erroneous cross-reference. Section 302(1) of the Act of October 25, 1992 (Public Law 102–519, 106 Stat. 3394), restated section 602(d)(1)(A) and (B) of the Motor Vehicle Information and Cost Savings Act (Public Law 92–513, 86 Stat. 947) as section 602(d)(1) without making a corresponding change in the cross-reference restated in this section.
In clause (3), the words “before January 1, 1990” are substituted for “before the beginning of the 2-year period specified in section 2023(a)(1)(A) of this title” for clarity. See the revision notes for section 33104 of the revised title.
In clause (5), the words “of motor vehicles” are added for consistency in this chapter.
Clause (6)(I) is substituted for “rear quarter panels” for clarity and consistency.
In clause (7)(A), the word “completed” is omitted as unnecessary because of the restatement.
In clause (9), the words “after December 31, 1989” are substituted for “on or after the beginning of the 2-year period specified in section 2023(a)(1)(A) of this title” for clarity and consistency.
Pub. L. 103–429, §6(44)(A)
This corrects a cross-reference in 49:33101(2) by eliminating the reference to 49:33102(c)(1). Section 302(1) of the Anti Car Theft Act of 1992 (Public Law 102–519, 106 Stat. 3394) restated section 602(d)(1)(A) and (B) of the Motor Vehicle Information and Cost Savings Act (Public Law 92–513, 86 Stat. 947) as section 602(d)(1) without making a change in the cross-reference in section 601(6) to section 602(d)(1)(B).
Pub. L. 103–429, §6(44)(B)
This makes a conforming amendment for consistency with the style of title 49.
Amendments
1996—Pub. L. 104–287 made technical amendment to directory language of Pub. L. 103–429, §6(44)(B). See 1994 Amendment note below.
1994—Par. (2). Pub. L. 103–429, §6(44)(B), as amended by Pub. L. 104–287, inserted “of this title” before period at end.
Pub. L. 103–429, §6(44)(A), substituted “section 33104” for “sections 33102(c)(1) and 33104”.
Effective Date of 1996 Amendment
Section 6(d) of Pub. L. 104–287 provided that the amendment made by that section is effective Oct. 31, 1994.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
§33102. Theft prevention standard for high theft lines
(a)
(A) covered major parts that manufacturers install in passenger motor vehicles in lines designated under section 33104 of this title as high theft lines; and
(B) major replacement parts for the major parts described in clause (A) of this paragraph.
(2) The standard may apply only to—
(A) major parts that manufacturers install in passenger motor vehicles having a model year designation later than the calendar year in which the standard takes effect; and
(B) major replacement parts manufactured after the standard takes effect.
(b)
(c)
(2) For a major replacement part, the standard may not require—
(A) identification of a part not designed as a replacement for a major part required to be identified under the standard; or
(B) the inscribing or affixing of identification except a symbol identifying the manufacturer and a common symbol identifying the part as a major replacement part.
(d)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1077.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 33102(a)(1) | 15:2022(a). | Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §602(a), (b), (c)(1)–(3), (5), (d)(2); added Oct. 25, 1984, Pub. L. 98–547, §101(a), 98 Stat. 2756. |
| 33102(a)(2) | 15:2022(c)(1)–(3), (5). | |
| 33102(b) | 15:2022(b). | |
| 33102(c) | 15:2022(d)(1). | Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §602(d)(1); added Oct. 25, 1984, Pub. L. 98–547, §101(a), 98 Stat. 2756; restated Oct. 25, 1992, Pub. L. 102–519, §302(1), 106 Stat. 3394. |
| 33102(d) | 15:2022(e). | Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §602(e); added Oct. 25, 1984, Pub. L. 98–547, §101(a), 98 Stat. 2756; Oct. 25, 1992, Pub. L. 102–519, §306(a), 106 Stat. 3397. |
In subsection (a)(1), before clause (A), the words “in accordance with this section” are omitted as surplus.
In subsection (a)(2), the text of 15:2022(c)(1)–(3) is omitted as obsolete because the standard has already been prescribed. See 49 C.F.R. part 541.
§33103. Theft prevention standard for other lines
(a)
(b)
(A) not designated under section 33104 of this title as high theft lines; and
(B) not covered by the standard prescribed under subsection (a) of this section.
(2) The Secretary shall include as part of the regulatory proceeding under this subsection the finding of, and the record developed by, the Attorney General under subsection (c) of this section.
(c)
(d)
(A) whether the application of the standard under subsection (a) or (b) of this subsection, or both, have been effective in substantially inhibiting the operation of chop shops and motor vehicle theft.
(B) whether the anti-theft devices for which the Secretary has granted exemptions under section 33106 of this title are an effective substitute for parts marking in substantially inhibiting motor vehicle theft.
(2)(A) In making the finding under paragraph (1)(A) of this subsection, the Attorney General shall—
(i) consider the additional cost, competition, and available alternatives;
(ii) base that finding on information collected and analyzed under section 33112 of this title;
(iii) consider the effectiveness, the extent of use, and the extent to which civil and criminal penalties under section 33115(b) of this title and section 2322 of title 18 on chop shops have been effective in substantially inhibiting operation of chop shops and motor vehicle theft;
(iv) base that finding on the 3-year and 5-year reports issued by the Secretary under section 33113 of this title; and
(v) base that finding on other information the Attorney General develops and includes in the public record.
(B) The Attorney General shall submit a finding under paragraph (1)(A) of this subsection promptly to the Secretary. If the Attorney General finds that the application of the standard under subsection (a) or (b) of this section, or both, has not been effective, the Secretary shall issue, not later than 180 days after receiving that finding, an order terminating the standard the Attorney General found was ineffective. The termination is effective for the model year beginning after the order is issued.
(3) In making a finding under paragraph (1)(B) of this subsection, the Secretary shall consider the additional cost, competition, and available alternatives. If the Attorney General finds that the anti-theft devices are an effective substitute, the Secretary shall continue to grant exemptions under section 33106 of this title for the model years after model year 2000 at one of the following levels that the Attorney General decides: at the level authorized before October 25, 1992, or at the level provided in section 33106(b)(2)(C) of this title for model year 2000.
(e)
(1) decides with good cause that the earlier date is in the public interest; and
(2) publishes the reasons for the decision.
(f)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1078.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 33103(a) | 15:2022(f)(1) (1st sentence). | Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §602(f); added Oct. 25, 1992, Pub. L. 102–519, §302(2), 106 Stat. 3394. |
| 33103(b) | 15:2022(f)(2) (1st, 2d sentences), (3) (last sentence). | |
| 33103(c) | 15:2022(f)(3) (1st–3d sentences). | |
| 33103(d) | 15:2022(f)(4), (5). | |
| 33103(e) | 15:2022(c)(4). | Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §602(c)(4); added Oct. 25, 1984, Pub. L. 98–547, §101(a), 98 Stat. 2756. |
| 15:2022(f)(1) (last sentence), (2) (last sentence). | ||
| 33103(f) | 15:2022(f)(6). |
In subsection (a), the words “foreign and domestic” are omitted as unnecessary. The words “as high theft lines” are added for clarity.
In subsection (b)(1), the words “to apply the standard” are added for clarity. The words “shall apply that standard to covered major parts and major replacement parts for covered parts that manufacturers install in the lines of passenger motor vehicles (except light duty trucks) . . . not designated under section 33104 of this title as high theft lines; and . . . not covered by the standard prescribed under subsection (a) of this section” are substituted for “the Secretary . . . shall designate all the remaining such lines of such passenger motor vehicles (other than light-duty trucks) and apply such standard to such lines in conformance with the requirements of this subchapter” for clarity and because of the restatement.
In subsection (b)(2), the words “The Secretary shall include as part of the regulatory proceeding under this subsection . . . developed by the Attorney General under subsection (c) of this section” are substituted for “shall be a part of the Secretary's rulemaking record” for clarity.
In subsection (c), the words “Before the Secretary begins a regulatory proceeding under subsection (b) of this section” are substituted for “prior to the Secretary's initiation and promulgation of a rule” for clarity. The words “applying the standard prescribed in subsection (a) to the remaining lines of passenger motor vehicles (except light duty trucks) not covered by that standard” are substituted for “requiring such additional parts marking for all of the applicable passenger motor vehicles” for clarity and because of the restatement.
In subsection (d)(1)(A), the words “whether the application of the standard under subsection (a) or (b) of this subsection, or both” are substituted for “whether one or both rules promulgated under this subsection” for clarity.
In subsection (d)(2)(A)(iii), the words “civil . . . penalties under section 33115(b) of this title” are substituted for “civil . . . penalties under section 2027(b) of this title” to correct an erroneous cross-reference.
In subsection (d)(3), the words “for the model years after model year 2000” are substituted for “Nothing in this paragraph affects exemptions granted in model year 2000 or earlier to any manufacturer” to eliminate unnecessary words. The words “at one of the following levels that the Attorney General decides” are substituted for “as determined by the Attorney General” for clarity.
In subsection (e), the text of 15:2022(c)(4) (related to the standard under 15:2022(c)(1)) is omitted as obsolete because the standard under 15:2022(c)(1) has already been prescribed. See 49 C.F.R. 541.
§33104. Designation of high theft vehicle lines and parts
(a)
(A) a passenger motor vehicle line determined under subsection (b) of this section to have had a new passenger motor vehicle theft rate in the 2-year period covering calendar years 1990 and 1991 greater than the median theft rate for all new passenger motor vehicle thefts in that 2-year period.
(B) a passenger motor vehicle line initially introduced into commerce in the United States after December 31, 1989, that is selected under paragraph (3) of this subsection as likely to have a theft rate greater than the median theft rate referred to in clause (A) of this paragraph.
(C) subject to paragraph (2) of this subsection, a passenger motor vehicle line having (for existing lines) or likely to have (for new lines) a theft rate below the median theft rate referred to in clause (A) of this paragraph, if the major parts in the vehicles are selected under paragraph (3) of this subsection as interchangeable with the majority of the major parts that are subject to the standard and are contained in the motor vehicles of a line described in clause (A) or (B) of this paragraph.
(2) The standard may not apply to any major part of a line described in paragraph (1)(C) of this subsection if all the passenger motor vehicles of lines that are, or are likely to be, below the median theft rate, and that contain parts interchangeable with the major parts of the line involved, account (for existing lines), or the Secretary of Transportation determines they are likely to account (for new lines), for more than 90 percent of the total annual production of all lines of that manufacturer containing those interchangeable parts.
(3) The lines, and the major parts of the passenger motor vehicles in those lines, that are to be subject to the standard may be selected by agreement between the manufacturer and the Secretary. If the manufacturer and the Secretary disagree on the selection, the Secretary shall select the lines and parts, after notice to the manufacturer and opportunity for written comment, and subject to the confidentiality requirements of this chapter.
(4) To the maximum extent practicable, the Secretary shall prescribe reasonable procedures designed to ensure that a selection under paragraph (3) of this subsection is made at least 6 months before the first applicable model year beginning after the selection.
(5) A manufacturer may not be required to comply with the standard under a selection under paragraph (3) of this subsection for a model year beginning earlier than 6 months after the date of the selection.
(6) A passenger motor vehicle line subject on October 25, 1992, to parts marking requirements under sections 602 and 603 of the Motor Vehicle Information and Cost Savings Act (Public Law 92–513, 86 Stat. 947), as added by section 101(a) of the Motor Vehicle Theft Law Enforcement Act of 1984 (Public Law 98–547, 98 Stat. 2756), continues to be subject to the requirements of this section and section 33102 of this title unless the line is exempted under section 33106 of this title.
(b)
(2) Under subsection (a) of this section, the theft rate for passenger motor vehicles of a line shall be determined by a fraction—
(A) the numerator of which is the number of new passenger motor vehicle thefts for that line during the 2-year period referred to in subsection (a)(1)(A) of this section; and
(B) the denominator of which is the sum of the respective production volumes of all passenger motor vehicles of that line (as reported to the Administrator of the Environmental Protection Agency under chapter 329 of this title) that are of model years 1990 and 1991 and are distributed for sale in commerce in the United States.
(3) Under subsection (a) of this section, the median theft rate for all new passenger motor vehicle thefts during that 2-year period is the theft rate midway between the highest and the lowest theft rates determined under paragraph (2) of this subsection. If there is an even number of theft rates determined under paragraph (2), the median theft rate is the arithmetic average of the 2 adjoining theft rates midway between the highest and the lowest of those theft rates.
(4) In consultation with the Director of the Federal Bureau of Investigation, the Secretary periodically shall obtain from the most reliable source accurate and timely theft and recovery information and publish the information for review and comment. To the greatest extent possible, the Secretary shall use theft information reported by United States Government, State, and local police. After publication and opportunity for comment, the Secretary shall use the theft information to determine the median theft rate under this subsection. The Secretary and the Director shall take any necessary actions to improve the accuracy, reliability, and timeliness of the information, including ensuring that vehicles represented as stolen are really stolen.
(5) The Secretary periodically (but not more often than once every 2 years) may redetermine and prescribe by regulation the median theft rate under this subsection.
(c)
(d)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1079.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 33104(a) | 15:2023(a)(1)–(4). | Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §603(a)(1)–(4), (b)–(d); added Oct. 25, 1984, Pub. L. 98–547, §101(a), 98 Stat. 2757; Oct. 25, 1992, Pub. L. 102–519, §303(1)–(3), (5), 106 Stat. 3396. |
| 15:2023(a)(5). | Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §§602(g), 603(a)(5); added Oct. 25, 1992, Pub. L. 102–519, §§302(2), 303(4), 106 Stat. 3395, 3396. | |
| 33104(b) | 15:2022(g). | |
| 15:2023(b). | ||
| 33104(c) | 15:2023(c). | |
| 33104(d) | 15:2023(d). |
In subsection (a)(1)(A), the words “the 2-year period covering calendar years 1990 and 1991” are substituted for “the 2 calendar years immediately preceding the year in which the Anti Car Theft Act of 1992 is enacted” because that Act was enacted on October 25, 1992. The substitution also makes it clear that the 2-year period is to be treated as a single period.
In subsection (a)(1)(B), the words “after December 31, 1989,” are substituted for “after the beginning of the 2-year period specified in subparagraph (A)” for consistency with clause (A).
In subsection (a)(6), the word “passenger” is added because the source provisions in the revised chapter apply to passenger motor vehicles.
In subsection (b)(2)(B), the words “Administrator of the” are added for clarity and consistency because of section 1(b) of Reorganization Plan No. 3 of 1970 (eff. Dec. 2, 1970, 84 Stat. 2086). The words “model years 1983 and 1984” are substituted for “the 2 model years having the same model-year designations as the 2 calendar years specified in subsection (a)(1)(A) of this section” because the particular years are now known.
In subsection (b)(4), the words “Immediately upon enactment of this subchapter” are omitted as executed. The words “or sources” are omitted because of 1:1.
References in Text
Sections 602 and 603 of the Motor Vehicle Information and Cost Savings Act, referred to in subsec. (a)(6), are sections 602 and 603 of Pub. L. 92–513, which were classified to sections 2022 and 2023, respectively, of Title 15, Commerce and Trade, and were repealed and reenacted as sections 33102 to 33104 of this title by Pub. L. 103–272, §§1(e), 7(b), July 5, 1994, 108 Stat. 1077, 1379.
§33105. Cost limitations
(a)
(1) on a manufacturer of motor vehicles, compliance costs of more than $15 a motor vehicle; or
(2) on a manufacturer of major replacement parts, compliance costs for each part of more than the reasonable amount (but less than $15) that the Secretary of Transportation specifies in the standard.
(b)
(1) the costs of identifying engines and transmissions may not be considered in calculating the manufacturer's costs under subsection (a) of this section; and
(2) the manufacturer may not be required under the standard to conform to any identification system for engines and transmissions that imposes greater costs on the manufacturer than are incurred under the identification system used by the manufacturer on October 25, 1984.
(c)
(A) “base period” means calendar year 1984.
(B) “price index” means the average over a calendar year of the Consumer Price Index (all items—United States city average) published monthly by the Secretary of Labor.
(2) At the beginning of each calendar year, as necessary data become available from the Bureau of Labor Statistics, the Secretary of Labor shall certify to the Secretary of Transportation and publish in the Federal Register the percentage difference between the price index for the 12 months before the beginning of the calendar year and the price index for the base period. For model years beginning in that calendar year, the amounts specified in subsection (a) of this section shall be adjusted by the percentage difference.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1081.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 33105 | 15:2024. | Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §604; added Oct. 25, 1984, Pub. L. 98–547, §101(a), 98 Stat. 2758. |
In subsection (a)(1) and (2), the words “compliance costs” are substituted for “costs . . . to comply with such standard” to eliminate unnecessary words. In clause (2), the words “reasonable amount (but less than $15)” are substituted for “reasonable lesser amount” for clarity.
In subsection (c)(2), the words “commencing on or after January 1, 1985” are omitted as obsolete.
§33106. Exemption for passenger motor vehicles equipped with anti-theft devices
(a)
(1) “anti-theft device” means a device to reduce or deter theft that—
(A) is in addition to the theft-deterrent devices required by motor vehicle safety standard numbered 114 in section 571.114 of title 49, Code of Federal Regulations;
(B) the manufacturer believes will be effective in reducing or deterring theft of motor vehicles; and
(C) does not use a signaling device reserved by State law for use on police, emergency, or official vehicles, or on schoolbuses.
(2) “standard equipment” means equipment already installed in a motor vehicle when it is delivered from the manufacturer and not an accessory or other item that the first purchaser customarily has the option to have installed.
(b)
(2) The Secretary may grant an exemption—
(A) for model year 1987, for not more than 2 lines of a manufacturer;
(B) for each of the model years 1988–1996, for not more than 2 additional lines of a manufacturer;
(C) for each of the model years 1997–2000, for not more than one additional line of a manufacturer; and
(D) for each of the model years after model year 2000, for the number of lines that the Attorney General decides under section 33103(d)(3) of this title.
(3) An additional exemption granted under paragraph (2)(B) or (C) of this subsection does not affect an exemption previously granted.
(c)
(1) a detailed description of the device;
(2) the reasons for the manufacturer's conclusion that the device will be effective in reducing and deterring theft of motor vehicles; and
(3) additional information the Secretary reasonably may require to make the decision described in subsection (b)(1) of this section.
(d)
(e)
(1) for a model year after the model year in which the rescission occurs; and
(2) at least 6 months after the manufacturer receives written notice of the rescission from the Secretary.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1082; Pub. L. 103–429, §6(45), Oct. 31, 1994, 108 Stat. 4383.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 33106(a)(1) | 15:2025(e). | Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §605(a)(1), (3), (b)–(e); added Oct. 25, 1984, Pub. L. 98–547, §101(a), 98 Stat. 2759. |
| 33106(a)(2) | 15:2025(a)(3). | |
| 33106(b) | 15:2025(a)(1), (2). | Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §605(a)(2); added Oct. 25, 1984, Pub. L. 98–547, §101(a), 98 Stat. 2759; Oct. 25, 1992, Pub. L. 102–519, §304, 106 Stat. 3396. |
| 33106(c) | 15:2025(b). | |
| 33106(d) | 15:2025(c). | |
| 33106(e) | 15:2025(d). |
In subsection (b)(1), the words “the application of any of” are omitted as surplus. The words “or lines” are omitted because of 1:1.
In subsection (b)(2)(A), the words “for model year 1987” are substituted for “For the initial model year to which such standard applies” for clarity. See 50 Fed. Reg. 43166 (1985). In clause (D), the words “that the Attorney General decides” are substituted for “for which the Secretary may grant such an exemption (if any) shall be determined” for clarity and because of the restatement.
In subsection (d), the words “for the line covered by the petition” are added for clarity.
Subsection (e) is substituted for 15:2025(d) for clarity and to eliminate unnecessary words.
Pub. L. 103–429
This amends 49:33106(b)(3) to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1082).
Amendments
1994—Subsec. (b)(3). Pub. L. 103–429 substituted “paragraph (2)(B) or (C) of this subsection” for “subparagraph (2)(B) or (C) of this paragraph”.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
§33107. Voluntary vehicle identification standards
(a)
(b)
(c)
(d)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1083.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 33107 | 15:2033. | Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §616; added Oct. 25, 1984, Pub. L. 98–547, §101(a), 98 Stat. 2765; Oct. 25, 1992, Pub. L. 102–519, §306(a), 106 Stat. 3397. |
§33108. Monitoring compliance of manufacturers
(a)
(1) keep records;
(2) make reports;
(3) provide items and information; and
(4) allow an officer or employee designated by the Secretary to inspect the vehicles and parts and relevant records of the manufacturer.
(b)
(c)
(2) This subsection does not apply to a motor vehicle or major replacement part that is—
(A) intended only for export;
(B) labeled only for export on the vehicle or replacement part and the outside of any container until exported; and
(C) exported.
(d)
(1) there is an error in the identification (required by the standard) applied to a major part installed by the manufacturer in a motor vehicle during its assembly, or to a major replacement part manufactured by the manufacturer; and
(2) the motor vehicle or major replacement part has entered interstate commerce.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1083.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 33108(a) | 15:2026(a). | Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §606; added Oct. 25, 1984, Pub. L. 98–547, §101(a), 98 Stat. 2760. |
| 33108(b) | 15:2026(b). | |
| 33108(c) | 15:2026(c). | |
| 33108(d) | 15:2026(d). |
In subsection (a), before clause (1), the words “is complying” are substituted for “has acted or is acting in compliance” and “determining whether such manufacturer has acted or is acting in compliance” to eliminate unnecessary words. The word “reasonably” is omitted as surplus. In clause (1), the word “keep” is substituted for “establish and maintain” for consistency in the revised title and to eliminate unnecessary words. In clause (4), the words “upon request”, “duly”, and “such manufacturer shall make available all such items and information in accordance with such reasonable rules as the Secretary may prescribe” are omitted as surplus.
In subsection (b), the words “duly” and “enter and” are omitted as surplus.
In subsection (c)(2)(B), the words “or tagged” and “if any” are omitted as surplus.
Subsection (d) is substituted for 15:2026(d) for clarity.
§33109. National Stolen Passenger Motor Vehicle Information System
(a)
(A) the vehicle identification number.
(B) the make and model year.
(C) the date on which the vehicle was reported as stolen.
(D) the location of the law enforcement authority that received the report of the theft of the vehicle.
(E) the identification numbers of the vehicle parts (or derivatives of those numbers), at the time of the theft, if those numbers are different from the vehicle identification number of the vehicle.
(2) In establishing the System, the Attorney General shall consult with—
(A) State and local law enforcement authorities; and
(B) the National Crime Information Center Policy Advisory Board to ensure the security of the information in the System and that the System will not compromise the security of stolen passenger motor vehicle and passenger motor vehicle parts information in the System.
(3) If the Attorney General decides that the Center is not able to perform the functions of the System, the Attorney General shall make an agreement for the operation of the System separate from the Center.
(4) The Attorney General shall prescribe by regulation the effective date of the System.
(b)
(2) On request of an insurance carrier, a person lawfully selling or distributing passenger motor vehicle parts in interstate commerce, or an individual or enterprise engaged in the business of repairing passenger motor vehicles, the Attorney General (or the entity the Attorney General designates) immediately shall inform the insurance carrier, person, individual, or enterprise whether the System has a record of a vehicle or vehicle part with a particular vehicle identification number (or derivative of that number) being reported as stolen. The Attorney General may require appropriate verification to ensure that the request is legitimate and will not compromise the security of the System.
(c)
(2)(A) The committee is composed of the following 10 members:
(i) the Attorney General.
(ii) the Secretary of Transportation.
(iii) one individual who is qualified to represent the interests of the law enforcement community at the State level.
(iv) one individual who is qualified to represent the interests of the law enforcement community at the local level.
(v) one individual who is qualified to represent the interests of the automotive recycling industry.
(vi) one individual who is qualified to represent the interests of the automotive repair industry.
(vii) one individual who is qualified to represent the interests of the automotive rebuilders industry.
(viii) one individual who is qualified to represent the interests of the automotive parts suppliers industry.
(ix) one individual who is qualified to represent the interests of the insurance industry.
(x) one individual who is qualified to represent the interests of consumers.
(B) The Attorney General shall appoint the individuals described in subparagraph (A)(iii)–(x) of this paragraph and shall serve as chairman of the committee.
(3) The committee shall make recommendations on developing and carrying out—
(A) the National Stolen Passenger Motor Vehicle Information System; and
(B) the verification system under section 33110 of this title.
(4) Not later than April 25, 1993, the committee shall submit to the Attorney General, the Secretary, and Congress a report including the recommendations of the committee.
(d)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1084; Pub. L. 104–152, §5, July 2, 1996, 110 Stat. 1385.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 33109(a) | 15:2026c(a), (b) (last sentence), (c), (f). | Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §609; added Oct. 25, 1992, Pub. L. 102–519, §306(e), 106 Stat. 3398. |
| 33109(b) | 15:2026c(b) (1st sentence), (e). | |
| 33109(c) | 15:2026c(d). |
In the section, the words “National Stolen Passenger Motor Vehicle Information System” are substituted for “National Stolen Auto Part Information System” for consistency with the terminology used and with the source provisions restated in the revised chapter.
In subsection (a)(1), before clause (A), the words “establish, and thereafter maintain” are substituted for “maintain” for clarity. The words “shall be located” are added for clarity.
In subsection (a)(2)(B), the words “stolen passenger motor vehicle and passenger motor vehicle parts information” are substituted for “stolen vehicle and vehicle parts information” for consistency with the terminology used in the revised chapter.
In subsection (a)(4), the text of 15:2026c(f) (1st sentence) is omitted as surplus. The words “the effective date of the System” are substituted for “shall be effective as provided” because of the restatement.
In subsection (b)(1), the words “intending to transfer” are substituted for “seeking to transfer” for clarity. The words “passenger motor vehicle or passenger motor vehicle part” are substituted for “a vehicle or vehicle parts” for consistency with the terminology used in the revised chapter. The words “whether the vehicle or part” are substituted for “whether a part” for consistency with source provisions restated in the revised section.
In subsection (b)(2), the words “shall inform the insurance carrier, person, individual, or enterprise whether” are substituted for “provide such insurance carrier or person with a determination as to whether” for clarity and consistency in the revised subsection. The words “may require appropriate verification” are substituted for “may require such verification as the Attorney General deems appropriate” to eliminate unnecessary words.
In subsection (c)(1), the words “and appoint” are omitted as unnecessary because of the restatement.
Amendments
1996—Subsec. (d). Pub. L. 104–152 added subsec. (d).
Termination of Advisory Committees
Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of 2-year period beginning on date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to expiration of such 2-year period, or in the case of a committee established by Congress, its duration is otherwise provided for by law. See section 14 of Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title 5, Government Organization and Employees.
§33110. Verifications involving junk and salvage motor vehicles
(a)
(b)
(A) under procedures the Attorney General prescribes by regulation under section 33109 of this title in consultation with the Secretary of Transportation, verify whether the vehicle is reported as stolen; and
(B) provide the purchaser or transferee of the vehicle from the insurance carrier verification identifying the vehicle identification number and verifying that the vehicle has not been reported as stolen or, if reported as stolen, that the carrier has recovered the vehicle and has proper legal title to the vehicle.
(2)(A) This subsection does not prohibit an insurance carrier from transferring a motor vehicle if, within a reasonable period of time during normal business operations (as decided by the Attorney General under section 33109 of this title) using reasonable efforts, the carrier—
(i) has not been informed under the procedures prescribed in section 33109 of this title that the vehicle has not been reported as stolen; or
(ii) has not otherwise established whether the vehicle has been reported as stolen.
(B) When a carrier transfers a motor vehicle for which the carrier has not established whether the vehicle has been reported as stolen, the carrier shall provide written certification to the transferee that the carrier has not established whether the vehicle has been reported as stolen.
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1086.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 33110(a) | 15:2026a(a) (2d sentence). | Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §607; added Oct. 25, 1992, Pub. L. 102–519, §306(a), 106 Stat. 3397. |
| 33110(b) | 15:2026a(a) (1st, last sentences). | |
| 33110(c) | 15:2026a(b). |
In subsection (b)(1)(B), the words “or derivative thereof” are omitted as unnecessary because of the definition of “vehicle identification number” in subsection (a) of the revised section.
In subsection (b)(2)(A)(i), the words “has not been informed under the procedures prescribed” are substituted for “has not received a determination under” for clarity and consistency in the revised chapter. In clause (ii), the words “has not otherwise established whether” are substituted for “to otherwise determine whether” for clarity.
In subsection (b)(2)(B), the words “When a carrier transfers a motor vehicle for which the carrier has not established whether the vehicle has been reported as stolen, the carrier shall provide written certification to the transferee that the carrier has not established whether the vehicle has been reported as stolen” are substituted for “except that such carrier shall provide a written certification of such lack of determination” for clarity and because of the restatement.
Effective Date
Section 4(u) of Pub. L. 103–272 provided that: “Not later than April 25, 1993, the Attorney General shall prescribe the regulations required under section 33110(c) of title 49, United States Code, as enacted by section 1 of this Act. Section 33110(b) of title 49 is effective not later than 3 months after those regulations are prescribed but not before the date on which the National Stolen Passenger Motor Vehicle Information System established under section 33109 of title 49 is operational.”
§33111. Verifications involving motor vehicle major parts
(a)
(1) first establishing, through a procedure the Attorney General by regulation prescribes in consultation with the Secretary of Transportation under section 33109 of this title, that the major part has not been reported as stolen; and
(2) providing the purchaser or transferee with a verification—
(A) identifying the vehicle identification number (or derivative of that number) of that major part; and
(B) verifying that the major part has not been reported as stolen.
(b)
(A) is the manufacturer of the major part;
(B) has purchased the major part directly from the manufacturer; or
(C) has received a verification from an insurance carrier under section 33110 of this title that the motor vehicle from which the major part is derived has not been reported as stolen, or that the carrier has not established whether that vehicle has been stolen.
(2) A person described under paragraph (1)(C) of this subsection that subsequently transfers or sells in commerce the motor vehicle or a major part of the vehicle shall provide the verification received from the carrier to the person to whom the vehicle or part is transferred or sold.
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1086.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 33111(a) | 15:2026b(a). | Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §608; added Oct. 25, 1992, Pub. L. 102–519, §306(c), 106 Stat. 3397. |
| 33111(b) | 15:2026b(c) (1st, 2d sentences). | |
| 33111(c) | 15:2026b(b), (c) (last sentence). |
In subsection (a), before clause (1), the word “distribute” is omitted as being included in “sell”. In clause (1), the word “establishing” is substituted for “determining” for clarity and consistency in the revised title.
Subsection (b)(2) is substituted for 15:2026b(c) (2d sentence) for clarity.
Effective Date
Section 4(v) of Pub. L. 103–272 provided that: “Section 33111 of title 49, United States Code, as enacted by section 1 of this Act, is effective on the date on which the National Stolen Passenger Motor Vehicle Information System is established under section 33109 of title 49.”
§33112. Insurance reports and information
(a)
(1) to prevent or discourage the theft of motor vehicles, particularly those stolen for the removal of certain parts;
(2) to prevent or discourage the sale and distribution in interstate commerce of used parts that are removed from those vehicles; and
(3) to help reduce the cost to consumers of comprehensive insurance coverage for motor vehicles.
(b)
(1) “insurer” includes a person (except a governmental authority) having a fleet of at least 20 motor vehicles that are used primarily for rental or lease and are not covered by a theft insurance policy issued by an insurer of passenger motor vehicles.
(2) “motor vehicle” includes a truck, a multipurpose passenger vehicle, and a motorcycle.
(c)
(A) the thefts and recoveries (in any part) of motor vehicles;
(B) the number of vehicles that have been recovered intact;
(C) the rating rules and plans, such as loss information and rating characteristics, used by the insurer to establish premiums for comprehensive coverage, including the basis for the premiums, and premium penalties for motor vehicles considered by the insurer as more likely to be stolen;
(D) the actions taken by the insurer to reduce the premiums, including changing rate levels for comprehensive coverage because of a reduction in thefts of motor vehicles;
(E) the actions taken by the insurer to assist in deterring or reducing thefts of motor vehicles; and
(F) other information the Secretary requires to carry out this chapter and to make the report and findings required by this chapter.
(2) The information on thefts and recoveries shall include an explanation on how the information is obtained, the accuracy and timeliness of the information, and the use made of the information, including the extent and frequency of reporting the information to national, public, and private entities such as the Federal Bureau of Investigation and State and local police.
(d)
(1) reduces the payment to the insured by the amount of the value, salvage or otherwise, of a recovered part subject to a standard prescribed under section 33102 or 33103 of this title; and
(2) the reduction is not made at the express election of the insured.
(e)
(1) the cost of preparing and providing the information is excessive in relation to the size of the insurer's business; and
(2) the information from that insurer will not contribute significantly to carrying out this chapter.
(f)
(A) less than one percent of the total premiums for all forms of motor vehicle insurance issued by insurers in the United States; and
(B) less than 10 percent of the total premiums for all forms of motor vehicle insurance issued by insurers in any State.
(2) The Secretary shall exempt by regulation a small insurer from this section if the Secretary finds that the exemption will not significantly affect the validity or usefulness of the information collected and compiled under this section, nationally or State-by-State. However, the Secretary may not exempt an insurer under this paragraph that is considered an insurer only because of subsection (b)(1) of this section.
(3) Regulations under this subsection shall provide that eligibility as a small insurer shall be based on the most recent calendar year for which adequate information is available, and that, once attained, the eligibility shall continue without further demonstration of eligibility for one or more years, as the Secretary considers appropriate.
(g)
(h)
(i)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1087.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 33112(a) | 15:2032(a)(1) (1st sentence words before 4th comma). | Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §615; added Oct. 25, 1984, Pub. L. 98–547, §101(a), 98 Stat. 2763; Oct. 25, 1992, Pub. L. 102–519, §306(a), 106 Stat. 3397. |
| 33112(b)(1) | 15:2032(a)(3). | |
| 33112(b)(2) | 15:2032(f). | |
| 33112(c) | 15:2032(a)(1) (1st sentence words after 4th comma, last sentence), (2). | |
| 33112(d) | 15:2032(d). | |
| 33112(e) | 15:2032(a)(4). | |
| 33112(f) | 15:2032(a)(5). | |
| 33112(g) | 15:2032(e). | |
| 33112(h) | 15:2032(b). | |
| 33112(i) | 15:2032(c). |
In subsection (b)(1), the word “authority” is substituted for “entity” for clarity and consistency in the revised title.
In subsection (c)(1), before clause (A), the words “(or their designated agents)” are omitted as surplus. The words “beginning 2 years after October 25, 1984” are omitted as executed.
In subsection (c)(2), the words “by the insurer” are omitted as surplus.
Subsection (f)(1)(B) is substituted for 15:2032(a)(5)(C)(ii) for clarity and to eliminate unnecessary words.
In subsection (f)(2), the words “the requirements of” are omitted as surplus.
In subsection (g), the words “by regulation or otherwise” are omitted as surplus.
In subsection (h), the words “the police” are substituted for “including Federal, State, and local police” to eliminate unnecessary words.
In subsection (i), the words “In carrying out this section” are added for clarity. The words “public and private agencies and associations” are substituted for “such State and insurance regulatory agencies and other agencies and associations, both public and private” to eliminate unnecessary words.
§33113. Theft reports
(a)
(1) information on the number of trucks, multipurpose passenger vehicles, and motorcycles distributed for sale in interstate commerce that are stolen and recovered annually, compiled by model, make, and line;
(2) information on the extent to which trucks, multipurpose passenger vehicles, and motorcycles stolen annually are dismantled to recover parts or are exported;
(3) a description of the market for the stolen parts;
(4) information on the premiums charged by insurers of comprehensive coverage of trucks, multipurpose passenger vehicles, or motorcycles, including any increase in the premiums charged because any of those motor vehicles is a likely candidate for theft;
(5) an assessment of whether the identification of parts of trucks, multipurpose passenger vehicles, and motorcycles is likely—
(A) to decrease the theft rate of those motor vehicles;
(B) to increase the recovery rate of those motor vehicles;
(C) to decrease the trafficking in stolen parts of those motor vehicles;
(D) to stem the export and import of those stolen motor vehicles or parts; or
(E) to have benefits greater than the costs of the identification; and
(6) recommendations on whether, and to what extent, the identification of trucks, multipurpose passenger vehicles, and motorcycles should be required by law.
(b)
(1) information on—
(A) the methods and procedures used by public and private entities to collect, compile, and disseminate information on the theft and recovery of motor vehicles, including classes of motor vehicles; and
(B) the reliability and timeliness of the information and how the information can be improved;
(2) information on the number of motor vehicles distributed for sale in interstate commerce that are stolen and recovered annually, compiled by class, model, make, and line;
(3) information on the extent to which motor vehicles stolen annually are dismantled to recover parts or are exported;
(4) a description of the market for the stolen parts;
(5) information on—
(A) the costs to manufacturers and purchasers of passenger motor vehicles of compliance with the standards prescribed under this chapter;
(B) the beneficial impacts of the standards and the monetary value of the impacts; and
(C) the extent to which the monetary value is greater than the costs;
(6) information on the experience of officials of the United States Government, States, and localities in—
(A) making arrests and successfully prosecuting persons for violating a law set forth in title II or III of the Motor Vehicle Theft Law Enforcement Act of 1984;
(B) preventing or reducing the number and rate of thefts of motor vehicles that are dismantled for parts subject to this chapter; and
(C) preventing or reducing the availability of used parts that are stolen from motor vehicles subject to this chapter;
(7) information on the premiums charged by insurers of comprehensive coverage of motor vehicles subject to this chapter, including any increase in the premiums charged because a motor vehicle is a likely candidate for theft, and the extent to which the insurers have reduced for the benefit of consumers the premiums, or foregone premium increases, because of this chapter;
(8) information on the adequacy and effectiveness of laws of the United States and the States aimed at preventing the distribution and sale of used parts that have been removed from stolen motor vehicles and the adequacy of systems available to enforcement personnel for tracing parts to determine if they have been stolen from a motor vehicle;
(9) an assessment of whether the identification of parts of other classes of motor vehicles is likely—
(A) to decrease the theft rate of those vehicles;
(B) to increase the recovery rate of those vehicles;
(C) to decrease the trafficking in stolen parts of those vehicles;
(D) to stem the export and import of those stolen vehicles, parts, or components; or
(E) to have benefits greater than the costs of the identification; and
(10) other relevant and reliable information available to the Secretary about the impact, including the beneficial impact, of the laws set forth in titles II and III of the Motor Vehicle Theft Law Enforcement Act of 1984 on law enforcement, consumers, and manufacturers; and
(11) recommendations (including, as appropriate, legislative and administrative recommendations) for—
(A) continuing without change the standards prescribed under this chapter;
(B) amending this chapter to cover more or fewer lines of passenger motor vehicles;
(C) amending this chapter to cover other classes of motor vehicles; or
(D) ending the standards for all future motor vehicles.
(c)
(A) information reported under this chapter by insurers of motor vehicles and manufacturers of motor vehicles and major replacement parts;
(B) information provided by the Federal Bureau of Investigation;
(C) experience obtained in carrying out this chapter;
(D) experience of the Government under the laws set forth in titles II and III of the Motor Vehicle Theft Law Enforcement Act of 1984; and
(E) other relevant and reliable information available to the Secretary.
(2) In preparing each report, the Secretary shall consult with the Attorney General and State and local law enforcement officials, as appropriate.
(3) The report under subsection (b) of this section shall—
(A) cover a period of at least 4 years after the standards required by this chapter are prescribed; and
(B) reflect any information, as appropriate, from the report under subsection (a) of this section, updated from the date of the report.
(4) At least 90 days before submitting each report to Congress, the Secretary shall publish a proposed report for public review and an opportunity of at least 45 days for written comment. The Secretary shall consider those comments in preparing the report to be submitted and include a summary of the comments with the submitted report.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1089.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 33113 | 15:2034. | Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §617; added Oct. 25, 1984, Pub. L. 98–547, §101(a), 98 Stat. 2765; Oct. 25, 1992, Pub. L. 102–519, §306(a), (e), 106 Stat. 3397, 3400. |
In this section, the word “information” is substituted for “data” for consistency in the revised title. The word “standards” is substituted for “standard” because there is more than one standard prescribed under this chapter.
In subsection (a), before clause (1), the words “October 25, 1995” are substituted for “3 years after October 25, 1992” (the date of enactment of the Anti-Car Theft Act of 1992) for clarity and to eliminate unnecessary words. In clause (1), the words “distributed for sale in interstate commerce that are” are substituted for “for all such motor vehicles distributed for sale in interstate commerce” for clarity. In clause (5)(A), the word “decrease” is substituted for “have . . . a beneficial impact in decreasing” for consistency and to eliminate unnecessary words.
In subsection (b), before clause (1), the words “October 25, 1997” are substituted for “5 years after October 25, 1992” (the date of enactment of the Anti-Car Theft Act of 1992) for clarity and to eliminate unnecessary words. In clause (1)(B), the word “accuracy” is omitted as redundant. In clause (2), the words “distributed for sale in interstate commerce that are” are substituted for “for all such motor vehicles distributed for sale in interstate commerce” for clarity. In clause (9)(A), the word “decrease” is substituted for “have . . . a beneficial impact in decreasing” for consistency and to eliminate unnecessary words.
In subsection (c)(1)(C), the words “carrying out” are substituted for “the implementation, administration, and enforcement” for consistency and to eliminate unnecessary words.
References in Text
The Motor Vehicle Theft Law Enforcement Act of 1984, referred to in subsecs. (b)(6)(A), (10) and (c)(1)(D), is Pub. L. 98–547, Oct. 25, 1984, 98 Stat. 2754. Titles II and III of that act enacted sections 511, 512, 553, and 2320 [now 2321] of Title 18, Crimes and Criminal Procedure, and section 1627 of Title 19, Customs Duties, and amended sections 1961, 2311, and 2313 of Title 18. For complete classification of this Act to the Code, see Short Title of 1984 Amendment note set out under section 1901 of Title 15, Commerce and Trade, and Tables.
§33114. Prohibited acts
(a)
(1) manufacture for sale, sell, offer for sale, introduce or deliver for introduction in interstate commerce, or import into the United States, a motor vehicle or major replacement part subject to a standard prescribed under section 33102 or 33103 of this title, unless it conforms to the standard;
(2) fail to comply with a regulation prescribed by the Secretary of Transportation or Attorney General under this chapter;
(3) fail to keep specified records, refuse access to or copying of records, fail to make reports or provide items or information, or fail or refuse to allow entry or inspection, as required by this chapter;
(4) fail to provide the certification required by section 33108(c) of this title, or provide a certification that the person knows, or in the exercise of reasonable care has reason to know, is false or misleading in a material respect; or
(5) knowingly—
(A) own, operate, maintain, or control a chop shop;
(B) conduct operations in a chop shop; or
(C) transport a passenger motor vehicle or passenger motor vehicle part to or from a chop shop.
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1091.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 33114 | 15:2027(a), (b). | Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §610(a), (b); added Oct. 25, 1984, Pub. L. 98–547, §101(a), 98 Stat. 2761; Oct. 25, 1992, Pub. L. 102–519, §§305(a), 306(a), 106 Stat. 3396, 3397. |
| 15:2027(c)(1). | Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §610(c)(1); added Oct. 25, 1992, Pub. L. 102–519, §§305(b), 306(a), 106 Stat. 3396, 3397. |
In subsection (a)(1), the words “which is manufactured on or after the date the standard under section 2022 of this title takes effect under this subchapter for such vehicle or major replacement part” are omitted as obsolete because the standard applies to passenger motor vehicles and major replacement parts starting with the 1987 model year. See 50 Fed. Reg. 43166 (1985).
In subsection (a)(5)(A), the words “of any kind” are omitted as unnecessary because of the definition of “chop shop” in section 33101 of the revised title.
§33115. Civil penalties and enforcement
(a)
(2) The Secretary of Transportation imposes a civil penalty under this subsection. The Secretary may compromise the amount of a penalty.
(3) In determining the amount of a civil penalty or compromise under this subsection, the Secretary shall consider the size of the person's business and the gravity of the violation.
(4) The Attorney General shall bring a civil action in a United States district court to collect a civil penalty imposed under this subsection.
(5) The Government may deduct the amount of a civil penalty imposed or compromised under this subsection from amounts it owes the person liable for the penalty.
(b)
(2) As appropriate and in consultation with the Attorney General, the Secretary shall—
(A) bring a civil action for a temporary or permanent injunction to restrain a person violating section 33114(a)(5) of this section;
(B) impose and recover the penalty described in paragraph (1) of this subsection; or
(C) take both the actions described in clauses (A) and (B) of this paragraph.
(c)
(2)(A) When practicable, the Secretary—
(i) shall notify a person against whom an action under this subsection is planned;
(ii) shall give the person an opportunity to present that person's views; and
(iii) except for a knowing and willful violation, shall give the person a reasonable opportunity to comply.
(B) The failure of the Secretary to comply with subparagraph (A) of this paragraph does not prevent a court from granting appropriate relief.
(d)
(e)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1091.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 33115(a) | 15:2028(a). | Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §611; added Oct. 25, 1984, Pub. L. 98–547, §101(a), 98 Stat. 2762; Oct. 25, 1992, Pub. L. 102–519, §306(a), 106 Stat. 3397. |
| 33115(b) | 15:2027(c)(2). | Oct. 20, 1972, Pub. L. 92–513, §86 Stat. 947, §610(c)(2); added Oct. 25, 1992, Pub. L. 102–519, §§305(b), 306(a), 106 Stat. 3396, 3397. |
| 33115(c)(1) | 15:2028(b)(1) (1st sentence). | |
| 33115(c)(2) | 15:2028(b)(1) (2d, last sentences). | |
| 33115(d) | 15:2028(b)(2). | |
| 33115(e) | 15:2028(b)(3), (4). |
In subsection (a)(1), the words “section 33114(a)(1)–(4)” are used to correct an erroneous cross-reference in section 611(a)(1) of the Motor Vehicle Information and Cost Savings Act (Public Law 92–513, 86 Stat. 947) to section 607 of that Act. Sections 607 and 611 were redesignated by section 306(a) of the Anti Car Theft Act of 1992 (Public Law 102–519, 106 Stat. 3397). The words “is liable to the United States Government for a civil penalty” are substituted for “may be assessed a civil penalty” for consistency in the revised title and with other titles of the United States Code.
In subsection (a)(2), the word “imposes” is substituted for “assessed” for consistency.
In subsection (a)(3), the words “the appropriateness of such penalty to” are omitted as surplus.
In subsection (a)(5), the words “United States district court” are added for clarity and consistency in the revised title.
In subsection (c)(1), the words “The Attorney General may bring a civil action” are substituted for “Upon petition by the Attorney General” for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). The words “on behalf of the United States” are omitted as surplus. The words “shall have jurisdiction” are omitted because of 28:1331. The words “for cause shown and subject to the provisions of rule 65(a) and (b) of the Federal Rules of Civil Procedure” are omitted as surplus because the rules apply in the absence of an exception from them. The word “enjoin” is substituted for “restrain” for consistency in the revised title.
In subsection (d), the words “the defendant may demand a jury trial” are substituted for “trial shall be by the court, or, upon demand of the accused, by a jury” to eliminate unnecessary words and for consistency in the revised title.
§33116. Confidentiality of information
(a)
(1) to another officer or employee of the United States Government for use in carrying out this chapter; or
(2) in a proceeding under this chapter (except a proceeding under section 33104(a)(3)).
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1093.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 33116 | 15:2029. | Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §612; added Oct. 25, 1984, Pub. L. 98–547, §101(a), 98 Stat. 2763; Oct. 25, 1992, Pub. L. 102–519, §306(a), 106 Stat. 3397. |
In subsection (a), before clause (1), the words “reported to, or otherwise” and “or the Secretary's representative” are omitted as surplus. The words “related to a confidential matter referred to” are substituted for “contains or relates to a trade secret or other matter referred to” to eliminate unnecessary words and for consistency in the revised title. The words “or in section 552(b)(4) of title 5” are omitted as surplus because the language in 18:1905 is broader than the language in 5:552(b)(4) and for consistency with similar provisions in other chapters in this part. The words “shall be considered confidential for the purpose of the applicable section of this subchapter” are omitted as surplus. In clause (1), the words “for use in carrying out” are substituted for “concerned with carrying out” for consistency with similar provisions in other chapters in this part. In clause (2), the words “when relevant” are omitted as surplus. The cross-reference to 15:2023(a)(3) is omitted. The text of 15:2023(a)(3), originally enacted as section 603(a)(3) of the Motor Vehicle Information and Cost Savings Act (Public Law 92–513, 86 Stat. 947), was repealed by section 303(2) of the Anti Car Theft Act of 1992 (Public Law 102–519, 106 Stat. 3396). Section 303(2) also redesignated subsection (a)(4) as subsection (a)(3). However, a corresponding amendment to correct the cross-reference in the source provisions restated in this section was not made.
In subsection (b), the words “authorized to have the information” are added for clarity and consistency with similar provisions in other chapters in this part.
§33117. Judicial review
A person that may be adversely affected by a regulation prescribed under this chapter may obtain judicial review of the regulation under section 32909 of this title. A remedy under this section is in addition to any other remedies provided by law.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1093.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 33117 | 15:2030. | Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §613; added Oct. 25, 1984, Pub. L. 98–547, §101(a), 98 Stat. 2763; Oct. 25, 1992, Pub. L. 102–519, §306(a), 106 Stat. 3397. |
The words “regulation prescribed” are substituted for “any provision of any standard or other rule” to eliminate unnecessary words and because “rule” and “regulation” are synonymous. The words “in the case of any standard, rule, or other action under this subchapter” are omitted as surplus.
§33118. Preemption of State and local law
When a motor vehicle theft prevention standard prescribed under section 33102 or 33103 of this title is in effect, a State or political subdivision of a State may not have a different motor vehicle theft prevention standard for a motor vehicle or major replacement part.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1093.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 33118 | 15:2031. | Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §614; added Oct. 25, 1984, Pub. L. 98–547, §101(a), 98 Stat. 2763; Oct. 25, 1992, Pub. L. 102–519, §306(a), 106 Stat. 3397. |
The words “may not have” are substituted for “no . . . shall have any authority either to establish, or to continue in effect” to eliminate unnecessary words.
SUBTITLE VII—AVIATION PROGRAMS
PART A—AIR COMMERCE AND SAFETY
subpart i—general
subpart ii—economic regulation
subpart iii—safety
subpart iv—enforcement and penalties
PART B—AIRPORT DEVELOPMENT AND NOISE
PART C—FINANCING
PART D—PUBLIC AIRPORTS
PART E—MISCELLANEOUS
Amendments
2001—Pub. L. 107–71, title I, §118(c)(2), Nov. 19, 2001, 115 Stat. 628, added item for chapter 483.
1997—Pub. L. 105–102, §2(20), Nov. 20, 1997, 111 Stat. 2205, substituted “PUBLIC AIRPORTS” for “RESERVED” in item for part D and added item for chapter 491.
1996—Pub. L. 104–287, §5(64), Oct. 11, 1996, 110 Stat. 3395, substituted “RESERVED” for “MISCELLANEOUS” in item for part D, struck out item for chapter 491 “Buy-American Preferences”, and added items for part E and chapter 501.
Pub. L. 104–264, title II, §277(b), Oct. 9, 1996, 110 Stat. 3248, added item for chapter 482.
PART A—AIR COMMERCE AND SAFETY
subpart i—general
CHAPTER 401—GENERAL PROVISIONS
Amendments
2003—Pub. L. 108–176, title IV, §423(b), Dec. 12, 2003, 117 Stat. 2554, added item 40129.
2000—Pub. L. 106–181, title VII, §§702(b)(2), 705(b), 706(b), title VIII, §803(b), Apr. 5, 2000, 114 Stat. 156–158, 192, added items 40125 to 40128.
1997—Pub. L. 105–102, §3(d)(1)(B), Nov. 20, 1997, 111 Stat. 2215, amended Pub. L. 104–287, §5(69)(B). See 1996 Amendment note below.
1996—Pub. L. 104–287, §5(69)(B), Oct. 11, 1996, 110 Stat. 3396, as amended by Pub. L. 105–102, §3(d)(1)(B), Nov. 20, 1997, 111 Stat. 2215, added item 40124.
Pub. L. 104–264, title II, §254, title IV, §§401(b)(2), 402(b), Oct. 9, 1996, 110 Stat. 3238, 3255, 3256, inserted “safety of” before “air commerce” in item 40104 and added item 40121 “Air traffic control modernization reviews” and items 40122 and 40123.
§40101. Policy
(a)
(1) assigning and maintaining safety as the highest priority in air commerce.
(2) before authorizing new air transportation services, evaluating the safety implications of those services.
(3) preventing deterioration in established safety procedures, recognizing the clear intent, encouragement, and dedication of Congress to further the highest degree of safety in air transportation and air commerce, and to maintain the safety vigilance that has evolved in air transportation and air commerce and has come to be expected by the traveling and shipping public.
(4) the availability of a variety of adequate, economic, efficient, and low-priced services without unreasonable discrimination or unfair or deceptive practices.
(5) coordinating transportation by, and improving relations among, air carriers, and encouraging fair wages and working conditions.
(6) placing maximum reliance on competitive market forces and on actual and potential competition—
(A) to provide the needed air transportation system; and
(B) to encourage efficient and well-managed air carriers to earn adequate profits and attract capital, considering any material differences between interstate air transportation and foreign air transportation.
(7) developing and maintaining a sound regulatory system that is responsive to the needs of the public and in which decisions are reached promptly to make it easier to adapt the air transportation system to the present and future needs of—
(A) the commerce of the United States;
(B) the United States Postal Service; and
(C) the national defense.
(8) encouraging air transportation at major urban areas through secondary or satellite airports if consistent with regional airport plans of regional and local authorities, and if endorsed by appropriate State authorities—
(A) encouraging the transportation by air carriers that provide, in a specific market, transportation exclusively at those airports; and
(B) fostering an environment that allows those carriers to establish themselves and develop secondary or satellite airport services.
(9) preventing unfair, deceptive, predatory, or anticompetitive practices in air transportation.
(10) avoiding unreasonable industry concentration, excessive market domination, monopoly powers, and other conditions that would tend to allow at least one air carrier or foreign air carrier unreasonably to increase prices, reduce services, or exclude competition in air transportation.
(11) maintaining a complete and convenient system of continuous scheduled interstate air transportation for small communities and isolated areas with direct financial assistance from the United States Government when appropriate.
(12) encouraging, developing, and maintaining an air transportation system relying on actual and potential competition—
(A) to provide efficiency, innovation, and low prices; and
(B) to decide on the variety and quality of, and determine prices for, air transportation services.
(13) encouraging entry into air transportation markets by new and existing air carriers and the continued strengthening of small air carriers to ensure a more effective and competitive airline industry.
(14) promoting, encouraging, and developing civil aeronautics and a viable, privately-owned United States air transport industry.
(15) strengthening the competitive position of air carriers to at least ensure equality with foreign air carriers, including the attainment of the opportunity for air carriers to maintain and increase their profitability in foreign air transportation.
(16) ensuring that consumers in all regions of the United States, including those in small communities and rural and remote areas, have access to affordable, regularly scheduled air service.
(b)
(1) encouraging and developing an expedited all-cargo air transportation system provided by private enterprise and responsive to—
(A) the present and future needs of shippers;
(B) the commerce of the United States; and
(C) the national defense.
(2) encouraging and developing an integrated transportation system relying on competitive market forces to decide the extent, variety, quality, and price of services provided.
(3) providing services without unreasonable discrimination, unfair or deceptive practices, or predatory pricing.
(c)
(1) the requirements of national defense and commercial and general aviation.
(2) the public right of freedom of transit through the navigable airspace.
(d)
(1) assigning, maintaining, and enhancing safety and security as the highest priorities in air commerce.
(2) regulating air commerce in a way that best promotes safety and fulfills national defense requirements.
(3) encouraging and developing civil aeronautics, including new aviation technology.
(4) controlling the use of the navigable airspace and regulating civil and military operations in that airspace in the interest of the safety and efficiency of both of those operations.
(5) consolidating research and development for air navigation facilities and the installation and operation of those facilities.
(6) developing and operating a common system of air traffic control and navigation for military and civil aircraft.
(7) providing assistance to law enforcement agencies in the enforcement of laws related to regulation of controlled substances, to the extent consistent with aviation safety.
(e)
(1) strengthening the competitive position of air carriers to ensure at least equality with foreign air carriers, including the attainment of the opportunity for air carriers to maintain and increase their profitability in foreign air transportation.
(2) freedom of air carriers and foreign air carriers to offer prices that correspond to consumer demand.
(3) the fewest possible restrictions on charter air transportation.
(4) the maximum degree of multiple and permissive international authority for air carriers so that they will be able to respond quickly to a shift in market demand.
(5) eliminating operational and marketing restrictions to the greatest extent possible.
(6) integrating domestic and international air transportation.
(7) increasing the number of nonstop United States gateway cities.
(8) opportunities for carriers of foreign countries to increase their access to places in the United States if exchanged for benefits of similar magnitude for air carriers or the traveling public with permanent linkage between rights granted and rights given away.
(9) eliminating discrimination and unfair competitive practices faced by United States airlines in foreign air transportation, including—
(A) excessive landing and user fees;
(B) unreasonable ground handling requirements;
(C) unreasonable restrictions on operations;
(D) prohibitions against change of gauge; and
(E) similar restrictive practices.
(10) promoting, encouraging, and developing civil aeronautics and a viable, privately-owned United States air transport industry.
(f)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1094; Pub. L. 104–264, title IV, §401(a), Oct. 9, 1996, 110 Stat. 3255; Pub. L. 106–181, title II, §201, Apr. 5, 2000, 114 Stat. 91.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40101(a) | 49 App.:1302(a). | Aug. 23, 1958, Pub. L. 85–726, §102(a), 72 Stat. 740; Nov. 9, 1977, Pub. L. 95–163, §16(b)(1), (2), 91 Stat. 1284; Oct. 24, 1978, Pub. L. 95–504, §3(a), 92 Stat. 1705; restated Feb. 15, 1980, Pub. L. 96–192, §2, 94 Stat. 35. |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704. | |
| 40101(b) | 49 App.:1302(b). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §102(b); added Nov. 9, 1977, Pub. L. 95–163, §16(b)(3), 91 Stat. 1284. |
| 49 App.:1551(b)(1)(E). | ||
| 40101(c) | 49 App.:1347. | Aug. 23, 1958, Pub. L. 85–726, §306, 72 Stat. 749. |
| 49 App.:1655(c)(1). | Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444. | |
| 40101(d) | 49 App.:1303. | Aug. 23, 1958, Pub. L. 85–726, §103, 72 Stat. 740; Nov. 18, 1988, Pub. L. 100–690, §7202(b), 102 Stat. 4424. |
| 49 App.:1655(c)(1). | ||
| 40101(e) | 49 App.:1502(b). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1102(b); added Feb. 15, 1980, Pub. L. 96–192, §17, 94 Stat. 42. |
| 49 App.:1551(b)(1)(E). | ||
| 40101(f) | 49 App.:1302(c). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §102(c); added Oct. 31, 1992, Pub. L. 102–581, §205, 106 Stat. 4894. |
In this part, the words “overseas air commerce” and “overseas air transportation” are omitted as obsolete because there no longer is a distinction in economic or safety regulation between “interstate” and “overseas” air commerce or air transportation.
In this section, the words “In carrying out . . . this part” are substituted for “In the exercise and performance of its powers and duties under this chapter” in 49 App.:1302(a), “In the exercise and performance of his powers and duties under this chapter” in 49 App.:1303, and “In exercising the authority granted in, and discharging the duties imposed by, this chapter” in 49 App.:1347 for consistency in the revised title and to eliminate unnecessary words.
In subsections (a) and (b), the reference to subpart II is added because the policy applies only to economic issues, and under the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 731), the Civil Aeronautics Board was given responsibility for economic issues.
In subsection (a)(2), the word “full” is omitted as surplus. The words “the recommendations of the Secretary of Transportation on” are omitted as obsolete because the Secretary carries out 49 App.:1302(a). The words “and full evaluation of any report or recommendation submitted under section 1307 of this Appendix” are omitted as obsolete because the report and recommendations are no longer required.
In subsection (a)(4), the words “by air carriers and foreign air carriers” are omitted as surplus. The words “unreasonable discrimination” are substituted for “unjust discriminations, undue preferences or advantages” for consistency in the revised title and to eliminate unnecessary words.
In subsection (a)(6)(B), the words “nevertheless”, “on the one hand”, and “on the other” are omitted as surplus.
In subsection (a)(8), before subclause (A), the word “authorities” is substituted for “entities” for consistency in the revised title and with other titles of the Code. In subclause (A), the words “sole responsibility” are omitted as unnecessary because of the restatement.
In subsection (a)(15), the words “United States” are omitted as surplus because of the definition of “air carrier” in section 40102(a) of the revised title.
In subsection (b)(3), the words “unreasonable discrimination” are substituted for “unjust discriminations, undue preferences or advantages” for consistency in the revised title and to eliminate unnecessary words.
In subsections (c) and (d), the reference to subpart III is added because the policies apply only to safety issues, and under the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 731), the Federal Aviation Administration was given responsibility for safety issues.
In subsection (c), before clause (1), the word “Administrator” in section 306 of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 749) is retained on authority of 49:106(g). The words “consider the following matters” are substituted for “give full consideration to” for consistency in this section.
In subsection (d)(3), the word “both” in 49 App.:1303(c) is omitted as surplus the first time it appears. The words “of the United States” are omitted for consistency in the revised title and because of the definition of “navigable airspace” in section 40102(a) of the revised title. The words “of those operations” are added for clarity.
In subsection (d)(5), the word “both” in 49 App.:1303(e) is omitted as surplus.
In subsection (e), before clause (1), the words “the Congress intends that” are omitted as surplus. In clauses (1) and (4), the words “United States” are omitted as surplus because of the definition of “air carrier” in section 40102(a) of the revised title. In clause (2), the word “prices” is substituted for “fares and rates” because of the definition of “price” in section 40102(a). In clause (8), the words “places in the United States” are substituted for “United States points” for consistency in this chapter. The word “air” is added for clarity and consistency in this subtitle. In clause (9)(C), the word “unreasonable” is substituted for “undue” for consistency in the revised title and with other titles of the United States Code.
Amendments
2000—Subsec. (a)(16). Pub. L. 106–181 added par. (16).
1996—Subsec. (d)(1). Pub. L. 104–264, §401(a)(1)(B), added par. (1). Former par. (1) redesignated (2).
Subsec. (d)(2). Pub. L. 104–264, §401(a)(1)(A), (2)(A), redesignated par. (1) as (2) and struck out “its development and” after “best promotes”. Former par. (2) redesignated (3).
Subsec. (d)(3). Pub. L. 104–264, §401(a)(1)(A), (2)(B), redesignated par. (2) as (3) and substituted “encouraging and developing civil aeronautics, including new aviation technology” for “promoting, encouraging, and developing civil aeronautics”. Former par. (3) redesignated (4).
Subsec. (d)(4) to (7). Pub. L. 104–264, §401(a)(1)(A), redesignated pars. (3) to (6) as (4) to (7), respectively.
Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
Effective Date of 1996 Amendment
Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title.
Short Title of 2007 Amendment
Pub. L. 110–135, §1, Dec. 13, 2007, 121 Stat. 1450, provided that: “This Act [enacting section 44729 of this title] may be cited as the ‘Fair Treatment for Experienced Pilots Act’.”
Pub. L. 110–113, §1, Nov. 8, 2007, 121 Stat. 1039, provided that: “This Act [enacting and amending provisions set out as notes under this section] may be cited as the ‘Procedural Fairness for September 11 Victims Act of 2007’.”
Short Title of 2004 Amendment
Pub. L. 108–297, §1, Aug. 9, 2004, 118 Stat. 1095, provided that: “This Act [enacting section 44113 of this title, amending sections 44107 and 44108 of this title, and enacting provisions set out as notes under section 44101 of this title] may be cited as ‘Cape Town Treaty Implementation Act of 2004’.”
Short Title of 2003 Amendment
Pub. L. 108–176, §1(a), Dec. 12, 2003, 117 Stat. 2490, provided that: “This Act [see Tables for classification] may be cited as the ‘Vision 100—Century of Aviation Reauthorization Act’.”
Pub. L. 108–176, title III, §301, Dec. 12, 2003, 117 Stat. 2533, provided that: “This title [enacting subchapter III of chapter 471 of this title, amending sections 40104, 40128, 47106, 47503, and 47504 of this title, and enacting provisions set out as notes under this section and sections 40128, 47171, 47503, and 47508 of this title] may be cited as ‘Aviation Streamlining Approval Process Act of 2003’.”
Short Title of 2002 Amendment
Pub. L. 107–296, title XIV, §1401, Nov. 25, 2002, 116 Stat. 2300, provided that: “This title [enacting section 44921 of this title and section 513 of Title 6, Domestic Security, amending sections 44903 and 44918 of this title, amending provisions set out as a note under section 114 of this title, and repealing provisions set out as a note under section 44903 of this title] may be cited as the ‘Arming Pilots Against Terrorism Act’.”
Short Title of 2001 Amendment
Pub. L. 107–71, §1, Nov. 19, 2001, 115 Stat. 597, provided that: “This Act [see Tables for classification] may be cited as the ‘Aviation and Transportation Security Act’.”
Short Title of 2000 Amendments
Pub. L. 106–528, §1, Nov. 22, 2000, 114 Stat. 2517, provided that: “This Act [amending sections 106, 41104, 44903, 44935, and 44936 of this title, enacting provisions set out as notes under sections 106, 44903, and 44936 of this title, and amending provisions set out as notes under sections 40128 and 47501 of this title] may be cited as the ‘Airport Security Improvement Act of 2000’.”
Pub. L. 106–181, §1(a), Apr. 5, 2000, 114 Stat. 61, provided that: “This Act [see Tables for classification] may be cited as the ‘Wendell H. Ford Aviation Investment and Reform Act for the 21st Century’.”
Short Title of 1999 Amendment
Pub. L. 106–6, §1, Mar. 31, 1999, 113 Stat. 10, provided that: “This Act [amending sections 106, 44310, 47104, 47115 to 47117, 48101, and 48103 of this title] may be cited as the ‘Interim Federal Aviation Administration Authorization Act’.”
Short Title of 1998 Amendment
Pub. L. 105–155, §1, Feb. 11, 1998, 112 Stat. 5, provided that: “This Act [amending section 48102 of this title and enacting provisions set out as a note under section 48102 of this title] may be cited as the ‘FAA Research, Engineering, and Development Authorization Act of 1998’.”
Short Title of 1997 Amendment
Pub. L. 105–137, §1, Dec. 2, 1997, 111 Stat. 2640, provided that: “This Act [amending sections 40102, 44302, 44305, 44306, 44308, and 44310 of this title and enacting provisions set out as a note under section 44310 of this title] may be cited as the ‘Aviation Insurance Reauthorization Act of 1997’.”
Short Title of 1996 Amendment
Section 1(a) of Pub. L. 104–264 provided that: “This Act [see Tables for classification] may be cited as the ‘Federal Aviation Reauthorization Act of 1996’.”
Section 201 of title II of Pub. L. 104–264 provided that: “This title [enacting sections 40121, 40122, 45301, 45303, 48111, and 48201 of this title, amending sections 106 and 41742 of this title, renumbering section 45303 of this title as section 45304, repealing former section 45301 of this title, and enacting provisions set out as notes under this section and sections 106, 40110, and 41742 of this title] may be cited as the ‘Air Traffic Management System Performance Improvement Act of 1996’.”
Section 278(a) of Pub. L. 104–264 provided that: “This section [amending section 41742 of this title and enacting provisions set out as a note under section 41742 of this title] may be cited as the ‘Rural Air Service Survival Act’.”
Section 501 of title V of Pub. L. 104–264 provided that: “This title [amending sections 30305, 44936, and 46301 of this title and enacting provisions set out as notes under sections 30305 and 44935 of this title] may be cited as the ‘Pilot Records Improvement Act of 1996’.”
Section 601 of title VI of Pub. L. 104–264 provided that: “This title [enacting section 44724 of this title] may be cited as the ‘Child Pilot Safety Act’.”
Section 701 of title VII of Pub. L. 104–264 provided that: “This title [enacting sections 1136 and 41113 of this title and provisions set out as notes under section 41113 of this title] may be cited as the ‘Aviation Disaster Family Assistance Act of 1996’.”
Section 801 of title VIII of Pub. L. 104–264 provided that: “This title [enacting section 47133 of this title, amending sections 46301 and 47107 of this title and section 9502 of Title 26, Internal Revenue Code, and enacting provisions set out as notes under section 47107 of this title] may be cited as the ‘Airport Revenue Protection Act of 1996’.”
Section 1101 of title XI of Pub. L. 104–264 provided that: “This title [amending sections 44501, 44508, and 48102 of this title] may be cited as the ‘FAA Research, Engineering, and Development Management Reform Act of 1996’.”
Short Title of 1994 Amendment
Pub. L. 103–305, §1(a), Aug. 23, 1994, 108 Stat. 1569, provided that: “This Act [enacting sections 41311, 41714, 41715, 47129, 47130, and 47509 of this title, amending sections 106, 10521, 11501, 40102, 40113, 40116, 40117, 41713, 41734, 44502, 44505, 44938, 45301, 46301, 47101, 47102, 47104 to 47107, 47109 to 47111, 47115, 47117 to 47119, 47504, 48101 to 48104, and 48108 of this title and section 9502 of Title 26, Internal Revenue Code, renumbering former section 47129 of this title as section 47131 of this title, enacting provisions set out as notes under this section and sections 10521, 11501, 40102, 40105, 40117, 41311, 41715, 44502, 45102, 47101, 47107, 47124, and 49101 of this title, and repealing provisions set out as a note under section 1348 of former Title 49, Transportation] may be cited as the ‘Federal Aviation Administration Authorization Act of 1994’.”
Pub. L. 103–305, title III, §301, Aug. 23, 1994, 108 Stat. 1589, provided that: “This title [enacting section 47509 of this title, amending sections 44505 and 48102 of this title, and enacting provisions set out as notes under this section and section 49101 of this title] may be cited as the ‘Federal Aviation Administration Research, Engineering, and Development Authorization Act of 1994’.”
Findings
Pub. L. 110–113, §2, Nov. 8, 2007, 121 Stat. 1039, provided that: “Congress finds the following:
“(1) The September 11th Victims Compensation Fund of 2001 [title IV of Pub. L. 107–42] (49 U.S.C. 40101 note) establishes a Federal cause of action in the United States District Court for the Southern District of New York as the exclusive remedy for damages arising out of the hijacking and subsequent crash of American Airlines flights 11 and 77, and United Airlines flights 93 and 175, on September 11, 2001.
“(2) Rules 45(b)(2) and 45(c)(3)(A)(ii) of the Federal Rules of Civil Procedure [28 U.S.C. App.] effectively limit service of a subpoena to any place within, or within 100 miles of, the district of the court by which it is issued, unless a statute of the United States expressly provides that the court, upon proper application and cause shown, may authorize the service of a subpoena at any other place.
“(3) Litigating a Federal cause of action under the September 11 Victims Compensation Fund of 2001 is likely to involve the testimony and the production of other documents and tangible things by a substantial number of witnesses, many of whom may not reside, be employed, or regularly transact business in, or within 100 miles of, the Southern District of New York.”
Revitalization of Aviation and Aeronautics
Pub. L. 108–176, §4, Dec. 12, 2003, 117 Stat. 2493, provided that: “Congress finds the following:
“(1) The United States has revolutionized the way people travel, developing new technologies and aircraft to move people more efficiently and more safely.
“(2) Past Federal investment in aeronautics research and development has benefited the economy and national security of the United States and the quality of life of its citizens.
“(3) The total impact of civil aviation on the United States economy exceeds $900,000,000,000 annually and accounts for 9 percent of the gross national product and 11,000,000 jobs in the national workforce. Civil aviation products and services generate a significant surplus for United States trade accounts, and amount to significant numbers of the Nation's highly skilled, technologically qualified work force.
“(4) Aerospace technologies, products, and services underpin the advanced capabilities of our men and women in uniform and those charged with homeland security.
“(5) Future growth in civil aviation increasingly will be constrained by concerns related to aviation system safety and security, aviation system capabilities, aircraft noise, emissions, and fuel consumption.
“(6) Revitalization and coordination of the United States efforts to maintain its leadership in aviation and aeronautics are critical and must begin now.
“(7) A recent report by the Commission on the Future of the United States Aerospace Industry outlined the scope of the problems confronting the aerospace and aviation industries in the United States and found that—
“(A) aerospace will be at the core of the Nation's leadership and strength throughout the 21st century;
“(B) aerospace will play an integral role in the Nation's economy, security, and mobility; and
“(C) global leadership in aerospace is a national imperative.
“(8) Despite the downturn in the global economy, projections of the Federal Aviation Administration indicate that upwards of 1,000,000,000 people will fly annually by 2013. Efforts must begin now to prepare for future growth in the number of airline passengers.
“(9) The United States must increase its investment in research and development to revitalize the aviation and aerospace industries, to create jobs, and to provide educational assistance and training to prepare workers in those industries for the future.”
Report on Long-Term Environmental Improvements
Pub. L. 108–176, title III, §321, Dec. 12, 2003, 117 Stat. 2540, provided that:
“(a)
“(1) explore new operational procedures for aircraft to achieve those goals;
“(2) identify both near-term and long-term options to achieve those goals;
“(3) identify infrastructure changes that would contribute to attainment of those goals;
“(4) identify emerging technologies that might contribute to attainment of those goals;
“(5) develop a research plan for application of such emerging technologies, including new combustor and engine design concepts and methodologies for designing high bypass ratio turbofan engines so as to minimize the effects on climate change per unit of production of thrust and flight speed; and
“(6) develop an implementation plan for exploiting such emerging technologies to attain those goals.
“(b)
“(c)
Reduction of Noise and Emissions From Civilian Aircraft
Pub. L. 108–176, title III, §326, Dec. 12, 2003, 117 Stat. 2542, provided that:
“(a)
“(b)
Air Transportation System Joint Planning and Development Office
Pub. L. 108–176, title VII, §709, Dec. 12, 2003, 117 Stat. 2582, provided that:
“(a)
“(2) The responsibilities of the Office shall include—
“(A) creating and carrying out an integrated plan for a Next Generation Air Transportation System pursuant to subsection (b);
“(B) overseeing research and development on that system;
“(C) creating a transition plan for the implementation of that system;
“(D) coordinating aviation and aeronautics research programs to achieve the goal of more effective and directed programs that will result in applicable research;
“(E) coordinating goals and priorities and coordinating research activities within the Federal Government with United States aviation and aeronautical firms;
“(F) coordinating the development and utilization of new technologies to ensure that when available, they may be used to their fullest potential in aircraft and in the air traffic control system;
“(G) facilitating the transfer of technology from research programs such as the National Aeronautics and Space Administration program and the Department of Defense Advanced Research Projects Agency program to Federal agencies with operational responsibilities and to the private sector; and
“(H) reviewing activities relating to noise, emissions, fuel consumption, and safety conducted by Federal agencies, including the Federal Aviation Administration, the National Aeronautics and Space Administration, the Department of Commerce, and the Department of Defense.
“(3) The Office shall operate in conjunction with relevant programs in the Department of Defense, the National Aeronautics and Space Administration, the Department of Commerce and the Department of Homeland Security. The Secretary of Transportation may request assistance from staff from those Departments and other Federal agencies.
“(4) In developing and carrying out its plans, the Office shall consult with the public and ensure the participation of experts from the private sector including representatives of commercial aviation, general aviation, aviation labor groups, aviation research and development entities, aircraft and air traffic control suppliers, and the space industry.
“(b)
“(1) a national vision statement for an air transportation system capable of meeting potential air traffic demand by 2025;
“(2) a description of the demand and the performance characteristics that will be required of the Nation's future air transportation system, and an explanation of how those characteristics were derived, including the national goals, objectives, and policies the system is designed to further, and the underlying socioeconomic determinants, and associated models and analyses;
“(3) a multiagency research and development roadmap for creating the Next Generation Air Transportation System with the characteristics outlined under clause (ii) [(2)], including—
“(A) the most significant technical obstacles and the research and development activities necessary to overcome them, including for each project, the role of each Federal agency, corporations, and universities;
“(B) the annual anticipated cost of carrying out the research and development activities; and
“(C) the technical milestones that will be used to evaluate the activities; and
“(4) a description of the operational concepts to meet the system performance requirements for all system users and a timeline and anticipated expenditures needed to develop and deploy the system to meet the vision for 2025.
“(c)
“(1) improve the level of safety, security, efficiency, quality, and affordability of the National Airspace System and aviation services;
“(2) take advantage of data from emerging ground-based and space-based communications, navigation, and surveillance technologies;
“(3) integrate data streams from multiple agencies and sources to enable situational awareness and seamless global operations for all appropriate users of the system, including users responsible for civil aviation, homeland security, and national security;
“(4) leverage investments in civil aviation, homeland security, and national security and build upon current air traffic management and infrastructure initiatives to meet system performance requirements for all system users;
“(5) be scalable to accommodate and encourage substantial growth in domestic and international transportation and anticipate and accommodate continuing technology upgrades and advances;
“(6) accommodate a wide range of aircraft operations, including airlines, air taxis, helicopters, general aviation, and unmanned aerial vehicles; and
“(7) take into consideration, to the greatest extent practicable, design of airport approach and departure flight paths to reduce exposure of noise and emissions pollution on affected residents.
“(d)
“(1) not later than 1 year after the date of enactment of this Act [Dec. 12, 2003], the integrated plan required in subsection (b); and
“(2) annually at the time of the President's budget request, a report describing the progress in carrying out the plan required under subsection (b) and any changes to that plan.
“(e)
Next Generation Air Transportation Senior Policy Committee
Pub. L. 108–176, title VII, §710, Dec. 12, 2003, 117 Stat. 2584, provided that:
“(a)
“(b)
“(1) the Administrator of the Federal Aviation Administration (or the Administrator's designee);
“(2) the Administrator of the National Aeronautics and Space Administration (or the Administrator's designee);
“(3) the Secretary of Defense (or the Secretary's designee);
“(4) the Secretary of Homeland Security (or the Secretary's designee);
“(5) the Secretary of Commerce (or the Secretary's designee);
“(6) the Director of the Office of Science and Technology Policy (or the Director's designee); and
“(7) designees from other Federal agencies determined by the Secretary of Transportation to have an important interest in, or responsibility for, other aspects of the system.
“(c)
“(1) advise the Secretary of Transportation regarding the national goals and strategic objectives for the transformation of the Nation's air transportation system to meet its future needs;
“(2) provide policy guidance for the integrated plan for the air transportation system to be developed by the Next Generation Air Transportation System Joint Planning and Development Office;
“(3) provide ongoing policy review for the transformation of the air transportation system;
“(4) identify resource needs and make recommendations to their respective agencies for necessary funding for planning, research, and development activities; and
“(5) make legislative recommendations, as appropriate, for the future air transportation system.
“(d)
Reimbursement for Losses Incurred by General Aviation Entities
Pub. L. 108–176, title VIII, §817, Dec. 12, 2003, 117 Stat. 2592, provided that:
“(a)
“(1) General aviation entities that operate at Ronald Reagan Washington National Airport.
“(2) Airports that are located within 15 miles of Ronald Reagan Washington National Airport and were operating under security restrictions on the date of enactment of this Act [Dec. 12, 2003] and general aviation entities operating at those airports.
“(3) General aviation entities affected by implementation of section 44939 of title 49, United States Code.
“(4) General aviation entities that were affected by Federal Aviation Administration Notices to Airmen FDC 2/1099 and 3/1862 or section 352 of the Department of Transportation and Related Agencies Appropriations Act, 2003 (Public Law 108–7, division I) [117 Stat. 420], or both.
“(5) Sightseeing operations that were not authorized to resume in enhanced class B air space under Federal Aviation Administration notice to airmen 1/1225.
“(b)
“(c)
“(1) operates nonmilitary aircraft under part 91 of title 14, Code of Federal Regulations, for the purpose of conducting its primary business;
“(2) manufactures nonmilitary aircraft with a maximum seating capacity of fewer than 20 passengers or aircraft parts to be used in such aircraft;
“(3) provides services necessary for nonmilitary operations under such part 91; or
“(4) operates an airport, other than a primary airport (as such terms are defined in such section 40102), that—
“(A) is listed in the national plan of integrated airport systems developed by the Federal Aviation Administration under section 47103 of such title; or
“(B) is normally open to the public, is located within the confines of enhanced class B airspace (as defined by the Federal Aviation Administration in Notice to Airmen FDC 1/0618), and was closed as a result of an order issued by the Federal Aviation Administration in the period beginning September 11, 2001, and ending January 1, 2002, and remained closed as a result of that order on January 1, 2002.
Such term includes fixed based operators, flight schools, manufacturers of general aviation aircraft and products, persons engaged in nonscheduled aviation enterprises, and general aviation independent contractors.
“(d)
GAO Report on Airlines’ Actions To Improve Finances and on Executive Compensation
Pub. L. 108–176, title VIII, §826, Dec. 12, 2003, 117 Stat. 2596, provided that:
“(a)
“(b) GAO
“(c) GAO
“(d)
Mail and Freight Waivers
Pub. L. 107–71, title I, §127, Nov. 19, 2001, 115 Stat. 632, provided that:
“(a)
“(1) extraordinary air transportation needs or concerns exist; and
“(2) the waiver is in the public interest, taking into consideration the isolation of and dependence on air transportation of the State.
“(b)
Air Carriers Required To Honor Tickets for Suspended Service
Pub. L. 107–71, title I, §145, Nov. 19, 2001, 115 Stat. 645, as amended by Pub. L. 108–7, div. I, title III, §372, Feb. 20, 2003, 117 Stat. 427; Pub. L. 108–176, title IV, §428, Dec. 12, 2003, 117 Stat. 2556; Pub. L. 108–458, title VIII, §8404, Dec. 17, 2004, 118 Stat. 3872; Pub. L. 109–115, div. A, title I, §178, Nov. 30, 2005, 119 Stat. 2427, required each air carrier providing scheduled air transportation on a route to provide, to the extent practicable, air transportation to passengers ticketed for air transportation on that route by any other air carrier that suspended, interrupted, or discontinued air passenger service on the route by reason of insolvency or bankruptcy of the other air carrier occurring on or before Nov. 30, 2006.
Relationship of Eligible Crime Victim Compensation Programs to September 11th Victim Compensation Fund
Pub. L. 107–56, title VI, §622(e)(2), Oct. 26, 2001, 115 Stat. 372, provided that: “With respect to any compensation payable under title IV of Public Law 107–42 [set out as a note below], the failure of a crime victim compensation program, after the effective date of final regulations issued pursuant to section 407 of Public Law 107–42, to provide compensation otherwise required pursuant to section 1403 of the Victims of Crime Act of 1984 (42 U.S.C. 10602) shall not render that program ineligible for future grants under the Victims of Crime Act of 1984 [42 U.S.C. 10601 et seq.].”
Air Transportation Safety and System Stabilization
Pub. L. 107–42, Sept. 22, 2001, 115 Stat. 230, as amended by Pub. L. 107–71, title I, §124(a), (c), (d), title II, §201, Nov. 19, 2001, 115 Stat. 631, 645; Pub. L. 107–134, title I, §114(a), Jan. 23, 2002, 115 Stat. 2435; Pub. L. 107–296, title VIII, §890, title XII, §1201(2), Nov. 25, 2002, 116 Stat. 2251, 2286; Pub. L. 110–113, §3, Nov. 8, 2007, 121 Stat. 1039; Pub. L. 110–161, div. D, title I, Dec. 26, 2007, 121 Stat. 1974, provided that:
“SECTION 1. SHORT TITLE.
“This Act may be cited as the ‘Air Transportation Safety and System Stabilization Act’.
“TITLE I—AIRLINE STABILIZATION
“SEC. 101. AVIATION DISASTER RELIEF.
“(a)
“[(1) Repealed. Pub. L. 110–161, div. D, title I, Dec. 26, 2007, 121 Stat. 1974.]
“(2) Compensate air carriers in an aggregate amount equal to $5,000,000,000 for—
“(A) direct losses incurred beginning on September 11, 2001, by air carriers as a result of any Federal ground stop order issued by the Secretary of Transportation or any subsequent order which continues or renews such a stoppage; and
“(B) the incremental losses incurred beginning September 11, 2001, and ending December 31, 2001, by air carriers as a direct result of such attacks.
“(b)
“[SEC. 102. Repealed. Pub. L. 110–161, div. D, title I, Dec. 26, 2007, 121 Stat. 1974.]
“SEC. 103. SPECIAL RULES FOR COMPENSATION.
“(a)
“(b)
“(1) the amount of such air carrier's direct and incremental losses described in section 101(a)(2); or
“(2) in the case of—
“(A) flights involving passenger-only or combined passenger and cargo transportation, the product of—
“(i) $4,500,000,000; and
“(ii) the ratio of—
“(I) the available seat miles of the air carrier for the month of August 2001 as reported to the Secretary; to
“(II) the total available seat miles of all such air carriers for such month as reported to the Secretary; and
“(B) flights involving cargo-only transportation, the product of—
“(i) $500,000,000; and
“(ii) the ratio of—
“(I) the revenue ton miles or other auditable measure of the air carrier for cargo for the latest quarter for which data is available as reported to the Secretary; to
“(II) the total revenue ton miles or other auditable measure of all such air carriers for cargo for such quarter as reported to the Secretary.
“(c)
“(d)
“(1)
“(2)
“[SEC. 104. Repealed. Pub. L. 110–161, div. D, title I, Dec. 26, 2007, 121 Stat. 1974.]
“SEC. 105. CONTINUATION OF CERTAIN AIR SERVICE.
“(a)
“(b)
“(c)
“(1)
“(2)
“SEC. 106. REPORTS.
“(a)
“(b)
“SEC. 107. DEFINITIONS.
“In this title, the following definitions apply:
“(1)
“[(2) Repealed. Pub. L. 110–161, div. D, title I, Dec. 26, 2007, 121 Stat. 1974.]
“(3)
“TITLE II—AVIATION INSURANCE
“SEC. 201. DOMESTIC INSURANCE AND REIMBURSEMENT OF INSURANCE COSTS.
“(a)
“(b)
“(1)
“(2) [Transferred to section 44303(b) of this title.]
“(c)
“(d)
“(e)
“SEC. 202. EXTENSION OF PROVISIONS TO VENDORS, AGENTS, AND SUBCONTRACTORS OF AIR CARRIERS.
“Notwithstanding any other provision of this title, the Secretary may extend any provision of chapter 443 of title 49, United States Code, as amended by this title, and the provisions of this title, to vendors, agents, and subcontractors of air carriers. For the 180-day period beginning on the date of enactment of this Act [Sept. 22, 2001], the Secretary may extend or amend any such provisions so as to ensure that the entities referred to in the preceding sentence are not responsible in cases of acts of terrorism for losses suffered by third parties that exceed the amount of such entities’ liability coverage, as determined by the Secretary.
“TITLE III—TAX PROVISIONS
“SEC. 301. EXTENSION OF DUE DATE FOR EXCISE TAX DEPOSITS; TREATMENT OF LOSS COMPENSATION.
“(a)
“(1)
“(A) ‘January 15, 2002’; or
“(B) such earlier date after November 15, 2001, as such Secretary may prescribe.
“(2)
“(3)
“(b)
“TITLE IV—VICTIM COMPENSATION
“SEC. 401. SHORT TITLE.
“This title may be cited as the ‘September 11th Victim Compensation Fund of 2001’.
“SEC. 402. DEFINITIONS.
“In this title, the following definitions apply:
“(1)
“(2)
“(3)
“(4)
“(5)
“(6)
“(7)
“(8)
“(9)
“(10)
“SEC. 403. PURPOSE.
“It is the purpose of this title to provide compensation to any individual (or relatives of a deceased individual) who was physically injured or killed as a result of the terrorist-related aircraft crashes of September 11, 2001.
“SEC. 404. ADMINISTRATION.
“(a)
“(1) administer the compensation program established under this title;
“(2) promulgate all procedural and substantive rules for the administration of this title; and
“(3) employ and supervise hearing officers and other administrative personnel to perform the duties of the Special Master under this title.
“(b)
“SEC. 405. DETERMINATION OF ELIGIBILITY FOR COMPENSATION.
“(a)
“(1)
“(2)
“(A)
“(B)
“(i) information from the claimant concerning the physical harm that the claimant suffered, or in the case of a claim filed on behalf of a decedent information confirming the decedent's death, as a result of the terrorist-related aircraft crashes of September 11, 2001;
“(ii) information from the claimant concerning any possible economic and noneconomic losses that the claimant suffered as a result of such crashes; and
“(iii) information regarding collateral sources of compensation the claimant has received or is entitled to receive as a result of such crashes.
“(3)
“(b)
“(1)
“(A) whether the claimant is an eligible individual under subsection (c);
“(B) with respect to a claimant determined to be an eligible individual—
“(i) the extent of the harm to the claimant, including any economic and noneconomic losses; and
“(ii) the amount of compensation to which the claimant is entitled based on the harm to the claimant, the facts of the claim, and the individual circumstances of the claimant.
“(2)
“(3)
“(4)
“(A) the right to be represented by an attorney;
“(B) the right to present evidence, including the presentation of witnesses and documents; and
“(C) any other due process rights determined appropriate by the Special Master.
“(5)
“(6)
“(c)
“(1)
“(A) is an individual described in paragraph (2); and
“(B) meets the requirements of paragraph (3).
“(2)
“(A) an individual who—
“(i) was present at the World Trade Center, (New York, New York), the Pentagon (Arlington, Virginia), or the site of the aircraft crash at Shanksville, Pennsylvania at the time, or in the immediate aftermath, of the terrorist-related aircraft crashes of September 11, 2001; and
“(ii) suffered physical harm or death as a result of such an air crash;
“(B) an individual who was a member of the flight crew or a passenger on American Airlines flight 11 or 77 or United Airlines flight 93 or 175, except that an individual identified by the Attorney General to have been a participant or conspirator in the terrorist-related aircraft crashes of September 11, 2001, or a representative of such individual shall not be eligible to receive compensation under this title; or
“(C) in the case of a decedent who is an individual described in subparagraph (A) or (B), the personal representative of the decedent who files a claim on behalf of the decedent.
“(3)
“(A) Single claim.—Not more than one claim may be submitted under this title by an individual or on behalf of a deceased individual.
“(B) Limitation on civil action.—
“(i)
“(ii)
“SEC. 406. PAYMENTS TO ELIGIBLE INDIVIDUALS.
“(a)
“(b)
“(c)
“(1)
“(2)
“SEC. 407. REGULATIONS.
“Not later than 90 days after the date of enactment of this Act [Sept. 22, 2001], the Attorney General, in consultation with the Special Master, shall promulgate regulations to carry out this title, including regulations with respect to—
“(1) forms to be used in submitting claims under this title;
“(2) the information to be included in such forms;
“(3) procedures for hearing and the presentation of evidence;
“(4) procedures to assist an individual in filing and pursuing claims under this title; and
“(5) other matters determined appropriate by the Attorney General.
“SEC. 408. LIMITATION ON LIABILITY.
“(a)
“(1)
“(2)
“(3)
“(b)
“(1)
“(2)
“(3)
“(4)
“(A)
“(B)
“(c)
“SEC. 409. RIGHT OF SUBROGATION.
“The United States shall have the right of subrogation with respect to any claim paid by the United States under this title, subject to the limitations described in section 408.
“TITLE V—AIR TRANSPORTATION SAFETY
“SEC. 501. INCREASED AIR TRANSPORTATION SAFETY.
“Congress affirms the President's decision to spend $3,000,000,000 on airline safety and security in conjunction with this Act in order to restore public confidence in the airline industry.
“SEC. 502. CONGRESSIONAL COMMITMENT.
“Congress is committed to act expeditiously, in consultation with the Secretary of Transportation, to strengthen airport security and take further measures to enhance the security of air travel.
“TITLE VI—SEPARABILITY
“SEC. 601. SEPARABILITY.
“If any provision of this Act (including any amendment made by this Act [amending sections 44302 to 44306 of this title]) or the application thereof to any person or circumstance is held invalid, the remainder of this Act (including any amendment made by this Act) and the application thereof to other persons or circumstances shall not be affected thereby.”
[Pub. L. 107–134, title I, §114(b), Jan. 23, 2002, 115 Stat. 2436, provided that: “The amendment made by this section [amending Pub. L. 107–42, set out above] shall take effect as if included in section 301 of the Air Transportation Safety and System Stabilization Act (Public Law 107–42).”]
[Memorandum of President of the United States, Sept. 25, 2001, 66 F.R. 49507, delegated to the Secretary of Transportation the authority vested in the President under section 101(a)(2) of Pub. L. 107–42, set out above, to compensate air carriers for direct and incremental losses they incurred from the terrorist attacks of Sept. 11, 2001, and any resulting ground stop order.]
Independent Study of FAA Costs and Allocations
Pub. L. 106–181, title III, §309, Apr. 5, 2000, 114 Stat. 127, provided that:
“(a)
“(1)
“(2)
“(A)
“(B)
“(i) The Administration's cost input data, including the reliability of the Administration's source documents and the integrity and reliability of the Administration's data collection process.
“(ii) The Administration's system for tracking assets.
“(iii) The Administration's bases for establishing asset values and depreciation rates.
“(iv) The Administration's system of internal controls for ensuring the consistency and reliability of reported data.
“(v) The Administration's definition of the services to which the Administration ultimately attributes its costs.
“(vi) The cost pools used by the Administration and the rationale for and reliability of the bases which the Administration proposes to use in allocating costs of services to users.
“(C)
“(i) review costs that cannot reliably be attributed to specific Administration services or activities (called ‘common and fixed costs’ in the Administration Cost Allocation Study) and consider alternative methods for allocating such costs; and
“(ii) perform appropriate tests to assess relationships between costs in the various cost pools and activities and services to which the costs are attributed by the Administration.
“(3)
“(A)
“(B)
“(C)
“(b)
Operations of Air Taxi Industry
Pub. L. 106–181, title VII, §735, Apr. 5, 2000, 114 Stat. 171, provided that:
“(a)
“(b)
“(c)
Findings
Section 271 of Pub. L. 104–264 provided that: “Congress finds the following:
“(1) The Administration [Federal Aviation Administration] is recognized throughout the world as a leader in aviation safety.
“(2) The Administration certifies aircraft, engines, propellers, and other manufactured parts.
“(3) The Administration certifies more than 650 training schools for pilots and nonpilots, more than 4,858 repair stations, and more than 193 maintenance schools.
“(4) The Administration certifies pilot examiners, who are then qualified to determine if a person has the skills necessary to become a pilot.
“(5) The Administration certifies more than 6,000 medical examiners, each of whom is then qualified to medically certify the qualifications of pilots and nonpilots.
“(6) The Administration certifies more than 470 airports, and provides a limited certification for another 205 airports. Other airports in the United States are also reviewed by the Administration.
“(7) The Administration each year performs more than 355,000 inspections.
“(8) The Administration issues more than 655,000 pilot's licenses and more than 560,000 nonpilot's licenses (including mechanics).
“(9) The Administration's certification means that the product meets world-wide recognized standards of safety and reliability.
“(10) The Administration's certification means aviation-related equipment and services meet world-wide recognized standards.
“(11) The Administration's certification is recognized by governments and businesses throughout the world and as such may be a valuable element for any company desiring to sell aviation-related products throughout the world.
“(12) The Administration's certification may constitute a valuable license, franchise, privilege or benefits for the holders.
“(13) The Administration also is a major purchaser of computers, radars, and other systems needed to run the air traffic control system. The Administration's design, acceptance, commissioning, or certification of such equipment enables the private sector to market those products around the world, and as such confers a benefit on the manufacturer.
“(14) The Administration provides extensive services to public use aircraft.”
Purposes
Section 272 of title II of Pub. L. 104–264 provided that: “The purposes of this subtitle [subtitle C (§§271–278) of title II of Pub. L. 104–264, enacting sections 45301, 45303, 48111, and 48201 of this title, amending section 41742 of this title, renumbering section 45303 of this title as section 45304, repealing former section 45301 of this title, and enacting provisions set out as notes under this section and section 41742 of this title] are—
“(1) to provide a financial structure for the Administration [Federal Aviation Administration] so that it will be able to support the future growth in the national aviation and airport system;
“(2) to review existing and alternative funding options, including incentive-based fees for services, and establish a program to improve air traffic management system performance and to establish appropriate levels of cost accountability for air traffic management services provided by the Administration;
“(3) to ensure that any funding will be dedicated solely for the use of the Administration;
“(4) to authorize the Administration to recover the costs of its services from those who benefit from, but do not contribute to, the national aviation system and the services provided by the Administration;
“(5) to consider a fee system based on the cost or value of the services provided and other funding alternatives;
“(6) to develop funding options for Congress in order to provide for the long-term efficient and cost-effective support of the Administration and the aviation system; and
“(7) to achieve a more efficient and effective Administration for the benefit of the aviation transportation industry.”
Independent Assessment of FAA Financial Requirements; Establishment of National Civil Aviation Review Commission
Section 274 of Pub. L. 104–264, as amended by Pub. L. 106–181, title III, §307(c)(3), Apr. 5, 2000, 114 Stat. 126, provided that:
“(a)
“(1)
“(2)
“(3)
“(A) anticipated air traffic forecasts;
“(B) other workload measures;
“(C) estimated productivity gains, if any, which contribute to budgetary requirements;
“(D) the need for programs; and
“(E) the need to provide for continued improvements in all facets of aviation safety, along with operational improvements in air traffic control.
“(4)
“(5)
“(b)
“(1)
“(2)
“(A) 13 members to be appointed by the Secretary, in consultation with the Secretary of the Treasury, from among individuals who have expertise in the aviation industry and who are able, collectively, to represent a balanced view of the issues important to general aviation, major air carriers, air cargo carriers, regional air carriers, business aviation, airports, aircraft manufacturers, the financial community, aviation industry workers, and airline passengers. At least one member appointed under this subparagraph shall have detailed knowledge of the congressional budgetary process.
“(B) Two members appointed by the Speaker of the House of Representatives.
“(C) Two members appointed by the minority leader of the House of Representatives.
“(D) Two members appointed by the majority leader of the Senate.
“(E) Two members appointed by the minority leader of the Senate.
“(3)
“(4)
“(5)
“(A)
“(B)
“(C)
“(6)
“(A)
“(i)
“(ii)
“(I) shall consider the independent assessment under subsection (a);
“(II) shall consider estimated cost savings, if any, resulting from the procurement and personnel reforms included in this Act [see Tables for classification] or in sections 40110(d) and 40122(g) of title 49, United States Code, and additional financial initiatives;
“(III) shall include specific recommendations to Congress on how the Administration can reduce costs, raise additional revenue for the support of agency operations, and accelerate modernization efforts; and
“(IV) shall include a draft bill containing the changes in law necessary to implement its recommendations.
“(B)
“(i) proposals for off-budget treatment of the Airport and Airway Trust Fund;
“(ii) alternative financing and funding proposals, including linked financing proposals;
“(iii) modifications to existing levels of Airport and Airways Trust Fund receipts and taxes for each type of tax;
“(iv) establishment of a cost-based user fee system based on, but not limited to, criteria under subparagraph (F) and methods to ensure that costs are borne by users on a fair and equitable basis;
“(v) methods to ensure that funds collected from the aviation community are able to meet the needs of the agency;
“(vi) methods to ensure that funds collected from the aviation community and passengers are used to support the aviation system;
“(vii) means of meeting the airport infrastructure needs for large, medium, and small airports; and
“(viii) any other matter the task force deems appropriate to address the funding and needs of the Administration and the aviation system.
“(C)
“(i) means of improving productivity by expanding and accelerating the use of automation and other technology;
“(ii) means of contracting out services consistent with this Act, other applicable law, and safety and national defense needs;
“(iii) methods to accelerate air traffic control modernization and improvements in aviation safety and safety services;
“(iv) the elimination of unneeded programs; and
“(v) a limited innovative program based on funding mechanisms such as loan guarantees, financial partnerships with for-profit private sector entities, government-sponsored enterprises, and revolving loan funds, as a means of funding specific facilities and equipment projects, and to provide limited additional funding alternatives for airport capacity development.
“(D)
“(i) safety;
“(ii) administrative costs;
“(iii) the congressional budget process;
“(iv) the economics of the industry (including the proportionate share of all users);
“(v) the ability of the Administration to utilize the sums collected; and
“(vi) the funding needs of the Administration.
“(E)
“(i) state the specific rates for each group affected by the proposed modifications;
“(ii) consider the impact such modifications shall have on specific users and the public (including passengers); and
“(iii) state the basis for the recommendations.
“(F)
“(i) the impact such a recommendation would have on passengers, air fares (including low-fare, high frequency service), service, and competition;
“(ii) existing contributions provided by individual air carriers toward funding the Administration and the air traffic control system through contributions to the Airport and Airways Trust Fund;
“(iii) continuing the promotion of fair and competitive practices;
“(iv) the unique circumstances associated with interisland air carrier service in Hawaii and rural air service in Alaska;
“(v) the impact such a recommendation would have on service to small communities;
“(vi) the impact such a recommendation would have on services provided by regional air carriers;
“(vii) alternative methodologies for calculating fees so as to achieve a fair and reasonable distribution of costs of service among users;
“(viii) the usefulness of phased-in approaches to implementing such a financing system;
“(ix) means of assuring the provision of general fund contributions, as appropriate, toward the support of the Administration; and
“(x) the provision of incentives to encourage greater efficiency in the provision of air traffic services by the Administration and greater efficiency in the use of air traffic services by aircraft operators.
“(7)
“(A)
“(B)
“(i) the adequacy of staffing and training resources for safety personnel of the Administration, including safety inspectors;
“(ii) the Administration's processes for ensuring the public safety from fraudulent parts in civil aviation and the extent to which use of suspected unapproved parts requires additional oversight or enforcement action; and
“(iii) the ability of the Administration to anticipate changes in the aviation industry and to develop policies and actions to ensure the highest level of aviation safety in the 21st century.
“(8)
“(9)
“(10)
“(11)
“(c)
“(1)
“(A)
“(B)
“(C)
“(i) a copy of the final report of the task force; and
“(ii) a draft bill containing the changes in law necessary to implement the Secretary's recommendations.
“(D)
“(2)
“(d)
“(e)
Joint Aviation Research and Development Program
Pub. L. 103–305, title III, §303, Aug. 23, 1994, 108 Stat. 1590, provided that:
“(a)
“(1) next-generation satellite communications, including global positioning satellites;
“(2) advanced airport and airplane security;
“(3) environmentally compatible technologies, including technologies that limit or reduce noise and air pollution;
“(4) advanced aviation safety programs; and
“(5) technologies and procedures to enhance and improve airport and airway capacity.
“(b)
“(c)
“(1) selected programs that jointly enhance public and private aviation technology development;
“(2) an opportunity for private contractors to be involved in such technology research and development; and
“(3) the transfer of Government-developed technologies to the private sector to promote economic strength and competitiveness.
“(d)
Air Quality in Aircraft Cabins
Pub. L. 108–176, title VIII, §815, Dec. 12, 2003, 117 Stat. 2592, provided that:
“(a)
“(b)
“(1) conduct surveillance to monitor ozone in the cabin on a representative number of flights and aircraft to determine compliance with existing Federal Aviation Regulations for ozone;
“(2) collect pesticide exposure data to determine exposures of passengers and crew;
“(3) analyze samples of residue from aircraft ventilation ducts and filters after air quality incidents to identify the contaminants to which passengers and crew were exposed;
“(4) analyze and study cabin air pressure and altitude; and
“(5) establish an air quality incident reporting system.
“(c)
Pub. L. 106–181, title VII, §725, Apr. 5, 2000, 114 Stat. 166, provided that:
“(a)
“(1)
“(2)
“(3)
“(A) Contaminants of concern, as determined by the National Academy of Sciences.
“(B) The systems of air supply on aircraft, including the identification of means by which contaminants may enter such systems.
“(C) The toxicological and health effects of the contaminants of concern, their byproducts, and the products of their degradation.
“(D) Any contaminant used in the maintenance, operation, or treatment of aircraft, if a passenger or a member of the air crew may be directly exposed to the contaminant.
“(E) Actual measurements of the contaminants of concern in the air of passenger cabins during actual flights in air transportation or foreign air transportation, along with comparisons of such measurements to actual measurements taken in public buildings.
“(4)
“(b)
“(1)
“(2)
Pub. L. 103–305, title III, §304, Aug. 23, 1994, 108 Stat. 1591, provided that:
“(a)
“(1) what, if any, aircraft cabin air conditions, including pressure altitude systems, on flights within the United States are harmful to the health of airline passengers and crew, as indicated by physical symptoms such as headaches, nausea, fatigue, and lightheadedness; and
“(2) the risk of airline passengers and crew contracting infectious diseases during flight.
“(b)
“(c)
“(1) to determine what, if any, cabin air conditions currently exist on domestic aircraft used for flights within the United States that could be harmful to the health of airline passengers and crew, as indicated by physical symptoms such as headaches, nausea, fatigue, and lightheadedness, and including the risk of infection by bacteria and viruses;
“(2) to determine to what extent, changes in, cabin air pressure, temperature, rate of cabin air circulation, the quantity of fresh air per occupant, and humidity on current domestic aircraft would reduce or eliminate the risk of illness or discomfort to airline passengers and crew; and
“(3) to establish a long-term research program to examine potential health problems to airline passengers and crew that may arise in an airplane cabin on a flight within the United States because of cabin air quality as a result of the conditions and changes described in paragraphs (1) and (2).
“(d)
“(e)
“(2) The Administrator shall annually submit to the Congress a report on the progress made during the year for which the report is submitted toward meeting the goals set forth in subsection (c).
“(f)
Information on Disinsection of Aircraft
Pub. L. 103–305, title V, §507, Aug. 23, 1994, 108 Stat. 1595, provided that:
“(a)
“(b)
“(c)
General Aviation Revitalization Act of 1994
Pub. L. 103–298, Aug. 17, 1994, 108 Stat. 1552, as amended by Pub. L. 105–102, §3(e), Nov. 20, 1997, 111 Stat. 2215, provided that:
“SECTION 1. SHORT TITLE.
“This Act may be cited as the ‘General Aviation Revitalization Act of 1994’.
“SEC. 2. TIME LIMITATIONS ON CIVIL ACTIONS AGAINST AIRCRAFT MANUFACTURERS.
“(a)
“(1) after the applicable limitation period beginning on—
“(A) the date of delivery of the aircraft to its first purchaser or lessee, if delivered directly from the manufacturer; or
“(B) the date of first delivery of the aircraft to a person engaged in the business of selling or leasing such aircraft; or
“(2) with respect to any new component, system, subassembly, or other part which replaced another component, system, subassembly, or other part originally in, or which was added to, the aircraft, and which is alleged to have caused such death, injury, or damage, after the applicable limitation period beginning on the date of completion of the replacement or addition.
“(b)
“(1) if the claimant pleads with specificity the facts necessary to prove, and proves, that the manufacturer with respect to a type certificate or airworthiness certificate for, or obligations with respect to continuing airworthiness of, an aircraft or a component, system, subassembly, or other part of an aircraft knowingly misrepresented to the Federal Aviation Administration, or concealed or withheld from the Federal Aviation Administration, required information that is material and relevant to the performance or the maintenance or operation of such aircraft, or the component, system, subassembly, or other part, that is causally related to the harm which the claimant allegedly suffered;
“(2) if the person for whose injury or death the claim is being made is a passenger for purposes of receiving treatment for a medical or other emergency;
“(3) if the person for whose injury or death the claim is being made was not aboard the aircraft at the time of the accident; or
“(4) to an action brought under a written warranty enforceable under law but for the operation of this Act.
“(c)
“(d)
“SEC. 3. OTHER DEFINITIONS.
“For purposes of this Act—
“(1) the term ‘aircraft’ has the meaning given such term in section 40102(a)(6) of title 49, United States Code;
“(2) the term ‘airworthiness certificate’ means an airworthiness certificate issued under section 44704(c)(1) of title 49, United States Code, or under any predecessor Federal statute;
“(3) the term ‘limitation period’ means 18 years with respect to general aviation aircraft and the components, systems, subassemblies, and other parts of such aircraft; and
“(4) the term ‘type certificate’ means a type certificate issued under section 44704(a) of title 49, United States Code, or under any predecessor Federal statute.
“SEC. 4. EFFECTIVE DATE; APPLICATION OF ACT.
“(a)
“(b)
National Commission to Ensure a Strong Competitive Airline Industry
Pub. L. 102–581, title II, §204, Oct. 31, 1992, 106 Stat. 4891, as amended Pub. L. 103–13, §1, Apr. 7, 1993, 107 Stat. 43, provided for establishment of National Commission to Ensure a Strong Competitive Airline Industry to make a complete investigation and study of financial condition of the airline industry, adequacy of competition in the airline industry, and legal impediments to a financially strong and competitive airline industry, to report to President and Congress not later than 90 days after the date on which initial appointments of members to the Commission were completed, and to terminate on the 30th day following transmission of report.
Definitions of Terms in Pub. L. 107–71
For definitions of terms used in sections 127 and 145 of Pub. L. 107–71, set out above, see section 133 of Pub. L. 107–71, set out as a note under section 40102 of this title.
§40102. Definitions
(a)
(1) “aeronautics” means the science and art of flight.
(2) “air carrier” means a citizen of the United States undertaking by any means, directly or indirectly, to provide air transportation.
(3) “air commerce” means foreign air commerce, interstate air commerce, the transportation of mail by aircraft, the operation of aircraft within the limits of a Federal airway, or the operation of aircraft that directly affects, or may endanger safety in, foreign or interstate air commerce.
(4) “air navigation facility” means a facility used, available for use, or designed for use, in aid of air navigation, including—
(A) a landing area;
(B) a light;
(C) apparatus or equipment for distributing weather information, signaling, radio-directional finding, or radio or other electromagnetic communication; and
(D) another structure or mechanism for guiding or controlling flight in the air or the landing and takeoff of aircraft.
(5) “air transportation” means foreign air transportation, interstate air transportation, or the transportation of mail by aircraft.
(6) “aircraft” means any contrivance invented, used, or designed to navigate, or fly in, the air.
(7) “aircraft engine” means an engine used, or intended to be used, to propel an aircraft, including a part, appurtenance, and accessory of the engine, except a propeller.
(8) “airman” means an individual—
(A) in command, or as pilot, mechanic, or member of the crew, who navigates aircraft when under way;
(B) except to the extent the Administrator of the Federal Aviation Administration may provide otherwise for individuals employed outside the United States, who is directly in charge of inspecting, maintaining, overhauling, or repairing aircraft, aircraft engines, propellers, or appliances; or
(C) who serves as an aircraft dispatcher or air traffic control-tower operator.
(9) “airport” means a landing area used regularly by aircraft for receiving or discharging passengers or cargo.
(10) “all-cargo air transportation” means the transportation by aircraft in interstate air transportation of only property or only mail, or both.
(11) “appliance” means an instrument, equipment, apparatus, a part, an appurtenance, or an accessory used, capable of being used, or intended to be used, in operating or controlling aircraft in flight, including a parachute, communication equipment, and another mechanism installed in or attached to aircraft during flight, and not a part of an aircraft, aircraft engine, or propeller.
(12) “cargo” means property, mail, or both.
(13) “charter air carrier” means an air carrier holding a certificate of public convenience and necessity that authorizes it to provide charter air transportation.
(14) “charter air transportation” means charter trips in air transportation authorized under this part.
(15) “citizen of the United States” means—
(A) an individual who is a citizen of the United States;
(B) a partnership each of whose partners is an individual who is a citizen of the United States; or
(C) a corporation or association organized under the laws of the United States or a State, the District of Columbia, or a territory or possession of the United States, of which the president and at least two-thirds of the board of directors and other managing officers are citizens of the United States, which is under the actual control of citizens of the United States, and in which at least 75 percent of the voting interest is owned or controlled by persons that are citizens of the United States.
(16) “civil aircraft” means an aircraft except a public aircraft.
(17) “civil aircraft of the United States” means an aircraft registered under chapter 441 of this title.
(18) “conditional sales contract” means a contract—
(A) for the sale of an aircraft, aircraft engine, propeller, appliance, or spare part, under which the buyer takes possession of the property but title to the property vests in the buyer at a later time on—
(i) paying any part of the purchase price;
(ii) performing another condition; or
(iii) the happening of a contingency; or
(B) to bail or lease an aircraft, aircraft engine, propeller, appliance, or spare part, under which the bailee or lessee—
(i) agrees to pay an amount substantially equal to the value of the property; and
(ii) is to become, or has the option of becoming, the owner of the property on complying with the contract.
(19) “conveyance” means an instrument, including a conditional sales contract, affecting title to, or an interest in, property.
(20) “Federal airway” means a part of the navigable airspace that the Administrator designates as a Federal airway.
(21) “foreign air carrier” means a person, not a citizen of the United States, undertaking by any means, directly or indirectly, to provide foreign air transportation.
(22) “foreign air commerce” means the transportation of passengers or property by aircraft for compensation, the transportation of mail by aircraft, or the operation of aircraft in furthering a business or vocation, between a place in the United States and a place outside the United States when any part of the transportation or operation is by aircraft.
(23) “foreign air transportation” means the transportation of passengers or property by aircraft as a common carrier for compensation, or the transportation of mail by aircraft, between a place in the United States and a place outside the United States when any part of the transportation is by aircraft.
(24) “interstate air commerce” means the transportation of passengers or property by aircraft for compensation, the transportation of mail by aircraft, or the operation of aircraft in furthering a business or vocation—
(A) between a place in—
(i) a State, territory, or possession of the United States and a place in the District of Columbia or another State, territory, or possession of the United States;
(ii) a State and another place in the same State through the airspace over a place outside the State;
(iii) the District of Columbia and another place in the District of Columbia; or
(iv) a territory or possession of the United States and another place in the same territory or possession; and
(B) when any part of the transportation or operation is by aircraft.
(25) “interstate air transportation” means the transportation of passengers or property by aircraft as a common carrier for compensation, or the transportation of mail by aircraft—
(A) between a place in—
(i) a State, territory, or possession of the United States and a place in the District of Columbia or another State, territory, or possession of the United States;
(ii) Hawaii and another place in Hawaii through the airspace over a place outside Hawaii;
(iii) the District of Columbia and another place in the District of Columbia; or
(iv) a territory or possession of the United States and another place in the same territory or possession; and
(B) when any part of the transportation is by aircraft.
(26) “intrastate air carrier” means a citizen of the United States undertaking by any means to provide only intrastate air transportation.
(27) “intrastate air transportation” means the transportation by a common carrier of passengers or property for compensation, entirely in the same State, by turbojet-powered aircraft capable of carrying at least 30 passengers.
(28) “landing area” means a place on land or water, including an airport or intermediate landing field, used, or intended to be used, for the takeoff and landing of aircraft, even when facilities are not provided for sheltering, servicing, or repairing aircraft, or for receiving or discharging passengers or cargo.
(29) “large hub airport” means a commercial service airport (as defined in section 47102) that has at least 1.0 percent of the passenger boardings.
(30) “mail” means United States mail and foreign transit mail.
(31) “medium hub airport” means a commercial service airport (as defined in section 47102) that has at least 0.25 percent but less than 1.0 percent of the passenger boardings.
(32) “navigable airspace” means airspace above the minimum altitudes of flight prescribed by regulations under this subpart and subpart III of this part, including airspace needed to ensure safety in the takeoff and landing of aircraft.
(33) “navigate aircraft” and “navigation of aircraft” include piloting aircraft.
(34) “nonhub airport” means a commercial service airport (as defined in section 47102) that has less than 0.05 percent of the passenger boardings.
(35) “operate aircraft” and “operation of aircraft” mean using aircraft for the purposes of air navigation, including—
(A) the navigation of aircraft; and
(B) causing or authorizing the operation of aircraft with or without the right of legal control of the aircraft.
(36) “passenger boardings”—
(A) means, unless the context indicates otherwise, revenue passenger boardings in the United States in the prior calendar year on an aircraft in service in air commerce, as the Secretary determines under regulations the Secretary prescribes; and
(B) includes passengers who continue on an aircraft in international flight that stops at an airport in the 48 contiguous States, Alaska, or Hawaii for a nontraffic purpose.
(37) “person”, in addition to its meaning under section 1 of title 1, includes a governmental authority and a trustee, receiver, assignee, and other similar representative.
(38) “predatory” means a practice that violates the antitrust laws as defined in the first section of the Clayton Act (15 U.S.C. 12).
(39) “price” means a rate, fare, or charge.
(40) “propeller” includes a part, appurtenance, and accessory of a propeller.
(41) “public aircraft” means any of the following:
(A) Except with respect to an aircraft described in subparagraph (E), an aircraft used only for the United States Government, except as provided in section 40125(b).
(B) An aircraft owned by the Government and operated by any person for purposes related to crew training, equipment development, or demonstration, except as provided in section 40125(b).
(C) An aircraft owned and operated by the government of a State, the District of Columbia, or a territory or possession of the United States or a political subdivision of one of these governments, except as provided in section 40125(b).
(D) An aircraft exclusively leased for at least 90 continuous days by the government of a State, the District of Columbia, or a territory or possession of the United States or a political subdivision of one of these governments, except as provided in section 40125(b).
(E) An aircraft owned or operated by the armed forces or chartered to provide transportation to the armed forces under the conditions specified by section 40125(c).
(42) “small hub airport” means a commercial service airport (as defined in section 47102) that has at least 0.05 percent but less than 0.25 percent of the passenger boardings.
(43) “spare part” means an accessory, appurtenance, or part of an aircraft (except an aircraft engine or propeller), aircraft engine (except a propeller), propeller, or appliance, that is to be installed at a later time in an aircraft, aircraft engine, propeller, or appliance.
(44) “State authority” means an authority of a State designated under State law—
(A) to receive notice required to be given a State authority under subpart II of this part; or
(B) as the representative of the State before the Secretary of Transportation in any matter about which the Secretary is required to consult with or consider the views of a State authority under subpart II of this part.
(45) “ticket agent” means a person (except an air carrier, a foreign air carrier, or an employee of an air carrier or foreign air carrier) that as a principal or agent sells, offers for sale, negotiates for, or holds itself out as selling, providing, or arranging for, air transportation.
(46) “United States” means the States of the United States, the District of Columbia, and the territories and possessions of the United States, including the territorial sea and the overlying airspace.
(47) “air traffic control system” means the combination of elements used to safely and efficiently monitor, direct, control, and guide aircraft in the United States and United States-assigned airspace, including—
(A) allocated electromagnetic spectrum and physical, real, personal, and intellectual property assets making up facilities, equipment, and systems employed to detect, track, and guide aircraft movement;
(B) laws, regulations, orders, directives, agreements, and licenses;
(C) published procedures that explain required actions, activities, and techniques used to ensure adequate aircraft separation; and
(D) trained personnel with specific technical capabilities to satisfy the operational, engineering, management, and planning requirements for air traffic control.
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1097; Pub. L. 103–305, title VI, §601(b)(2)(B), Aug. 23, 1994, 108 Stat. 1606; Pub. L. 103–411, §3(a), Oct. 25, 1994, 108 Stat. 4236; Pub. L. 103–429, §6(46), Oct. 31, 1994, 108 Stat. 4384; Pub. L. 105–137, §6, Dec. 2, 1997, 111 Stat. 2641; Pub. L. 106–181, title III, §301, title VII, §702(a), Apr. 5, 2000, 114 Stat. 115, 155; Pub. L. 108–176, title II, §225(a), title VIII, §807, Dec. 12, 2003, 117 Stat. 2528, 2588.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40102(a)(1) | 49 App.:1301(2). | Aug. 23, 1958, Pub. L. 85–726, §§101(2), (3) (less proviso), (5)–(10), 413, 72 Stat. 737, 770. |
| 40102(a)(2) | 49 App.:1301(3) (less proviso). | |
| 40102(a)(3) | 49 App.:1301(4). | Aug. 23, 1958, Pub. L. 85–726, §101(4), 72 Stat. 737; Sept. 5, 1961, Pub. L. 87–197, §3, 75 Stat. 467. |
| 40102(a)(4) | 49 App.:1301(8). | |
| 40102(a)(5) | 49 App.:1301(10). | |
| 40102(a)(6), (7) | 49 App.:1301(5), (6). | |
| 40102(a)(8) | 49 App.:1301(7). | |
| 49 App.:1655(c)(1). | Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444. | |
| 40102(a)(9) | 49 App.:1301(9). | |
| 40102(a)(10) | 49 App.:1301(11). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §101(11); added Nov. 9, 1977, Pub. L. 95–163, §17(b)(2), 91 Stat. 1286; restated Oct. 4, 1984, Pub. L. 98–443, §9(a)(1), 98 Stat. 1706. |
| 40102(a)(11) | 49 App.:1301(12). | Aug. 23, 1958, Pub. L. 85–726, §101(12), (16)–(34), (37), (40), (41), 72 Stat. 737, 739; July 10, 1962, Pub. L. 87–528, §1, 76 Stat. 143; Sept. 26, 1968, Pub. L. 90–514, §1, 82 Stat. 867; Oct. 14, 1970, Pub. L. 91–449, §1(2), 84 Stat. 921; Aug. 5, 1974, Pub. L. 93–366, §206, 88 Stat. 419; Nov. 9, 1977, Pub. L. 95–163, §17(b)(1), 91 Stat. 1286; Oct. 24, 1978, Pub. L. 95–504, §2(a)(4), (b), 92 Stat. 1705. |
| 40102(a)(12) | (no source). | |
| 40102(a)(13) | 49 App.:1301(14) (less certificate). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §101(14) (less certificate), (15); added Oct. 24, 1978, Pub. L. 95–504, §2(a)(1), 92 Stat. 1705. |
| 40102(a)(14) | 49 App.:1301(15). | |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704. | |
| 40102(a) (15)–(18) | 49 App.:1301(16)–(19). | |
| 40102(a)(19) | 49 App.:1301(20). | |
| 40102(a)(20) | 49 App.:1301(21). | |
| 49 App.:1655(c)(1). | ||
| 40102(a)(21) | 49 App.:1301(22). | |
| 40102(a)(22) | 49 App.:1301(23) (related to foreign air commerce). | |
| 40102(a)(23) | 49 App.:1301(24) (related to foreign air transportation). | |
| 40102(a)(24) | 49 App.:1301(23) (related to interstate and overseas air commerce). | |
| 40102(a)(25) | 49 App.:1301(24) (related to interstate and overseas air transportation). | |
| 49 App.:1305(b)(2), (d) (related to (b)(2)). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §105(b)(2), (d) (related to (b)(2)); added Oct. 24, 1978, Pub. L. 95–504, §4(a), 92 Stat. 1708. | |
| 40102(a) (26)–(32) | 49 App.:1301(25)–(31). | |
| 40102(a)(33) | 49 App.:1301(32). | |
| 40102(a)(34) | 49 App.:1301(35). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §101(35), (39); added Oct. 24, 1978, Pub. L. 95–504, §2(a)(2), (3), (b), 92 Stat. 1705. |
| 40102(a)(35) | (no source). | |
| 40102(a)(36) | 49 App.:1301(33), (34). | |
| 40102(a)(37) | 49 App.:1301(36). | Aug. 23, 1958, Pub. L. 85–726, §101(36), 72 Stat. 739; Aug. 5, 1974, Pub. L. 93–366, §206, 88 Stat. 419; Nov. 9, 1977, Pub. L. 95–163, §17(b)(1), 91 Stat. 1286; Oct. 24, 1978, Pub. L. 95–504, §2, 92 Stat. 1705; Dec. 30, 1987, Pub. L. 100–223, §207, 101 Stat. 1523. |
| 40102(a)(38) | 49 App.:1301(37). | |
| 40102(a)(39) | 49 App.:1301(39). | |
| 40102(a)(40) | 49 App.:1301(40). | |
| 40102(a)(41) | 49 App.:1301(41). | |
| 40102(b) | 49 App.:1383. |
In subsection (a)(2), the words “by any means” are substituted for “whether . . . or by a lease or any other arrangement” to eliminate unnecessary words. The word “provide” is substituted for “engage in” for consistency in the revised title.
In subsection (a)(3), the words “or navigation” are omitted as being included in the definition of “operation of aircraft” in this subsection.
In subsection (a)(4)(D), the words “having a similar purpose” are omitted as surplus.
In subsection (a)(6), the words “now known or hereafter” are omitted as surplus.
In subsection (a)(7), the words “of the engine” are substituted for “thereof” for clarity.
In subsection (a)(8)(A), the words “as the person” are omitted as surplus.
In subsection (a)(10), the word “transportation” is substituted for “carriage” for consistency in the revised title.
In subsection (a)(11), the words “of whatever description” are omitted as surplus. The word “navigation” is omitted as being included in the definition of “operate aircraft” in this subsection. The words “or mechanisms” are omitted because of 1:1.
Subsection (a)(12) is added for clarity to distinguish between cargo (which includes mail) and property (which does not include mail).
In subsection (a)(13), the word “provide” is substituted for “engage in” for consistency in the revised title.
In subsection (a)(14), the words “including inclusive tour charter trips” are omitted as obsolete. The words “authorized under this part” are substituted for “rendered pursuant to authority conferred under this chapter under regulations prescribed by the Board” to eliminate unnecessary words.
In subsection (a)(15)(A), the words “or of one of its possessions” are omitted as being included in the definition of “United States” in this subsection.
In subsection (a)(15)(C), the words “created or” are omitted as being included in “organized”.
In subsection (a)(17), the words “chapter 441 of this title” are substituted for “this chapter” for clarity because aircraft are registered only under chapter 441.
In subsection (a)(18), the text of 49 App.:1301(19) (last sentence) is omitted as surplus.
In subsection (a)(18)(A), before subclause (i), the words “title to” are added for clarity and consistency in this section.
In subsection (a)(18)(B)(i), the words “as compensation” are omitted as surplus.
In subsection (a)(18)(B)(ii), the words “it is agreed that”, “bound”, “full”, and “the terms of” are omitted as surplus.
In subsection (a)(19), the words “bill of sale . . . mortgage, assignment of mortgage, or other” are omitted as being included in “instrument”.
In subsection (a)(20), the words “of the United States” are omitted for consistency in the revised title and because of the definition of “navigable airspace” in this subsection.
In subsection (a)(21), the words “by any means” are substituted for “whether . . . or by lease or any other arrangement” to eliminate unnecessary words. The word “provide” is substituted for “engage in” for consistency in the revised title.
In subsection (a)(22)–(25) and (27), the words “transportation” and “passengers” are substituted for “carriage” and “persons”, respectively, for consistency in the revised title. The word “compensation” is substituted for, and is coextensive with, “compensation or hire”.
In subsection (a)(22) and (24), the words “or navigation” are omitted as being included in the definition of “operation of aircraft” in this subsection. The words “the conduct or” and “in commerce” are omitted as surplus. The words “when any part of the transportation or operation is by aircraft” are substituted for 49 App.:1301(23) (words after last semicolon) to eliminate unnecessary words.
In subsection (a)(23) and (25), the words “in commerce” are omitted as surplus. The words “when any part of the transportation is by aircraft” are substituted for 49 App.:1301(24) (words after last semicolon) to eliminate unnecessary words.
In subsection (a)(24), (25), and (27), the words “of the United States” are omitted as surplus.
In subsection (a)(24)(A)(i) and (25)(A)(i), the words “or the District of Columbia” the first time they appear are omitted as surplus.
In subsection (a)(25)(A)(ii), the text of 49 App.:1301(24)(a) (words between semicolons) is omitted because 49 App.:1305(b)(2) removes the subject matter of the text from the definition. See H. Rept. No. 95–1211, 95th Cong., 2d Sess., p.16 (1978).
In subsection (a)(26), the words “by any means” are substituted for “whether . . . or by a lease or any other arrangement” to eliminate unnecessary words. The word “provide” is substituted for “engage” for consistency in the revised title.
In subsection (a)(28), the word “place” is substituted for “locality” for consistency in the revised title.
In subsection (a)(32)(B), the words “(in the capacity of owner, lessee, or otherwise)” are omitted as surplus.
In subsection (a)(33), the words “in addition to its meaning under section 1 of title 1” are substituted for “any individual, firm, copartnership, corporation, company, association, joint stock association” for clarity because 1:1 is applicable to all laws unless otherwise provided. The words “governmental authority” are substituted for “body politic” for consistency in the revised title and with other titles of the United States Code.
Subsection (a)(35) is added to eliminate repetition of the words “rates, fares, or charges” throughout this part.
In subsection (a)(36), the text of 49 App.:1301(34) (1st sentence) is omitted as obsolete. Reference to the Canal Zone is omitted because of the Panama Canal Treaty of 1977. The text of 49 App.:1301(34) (last sentence) is omitted because of 48:734.
Subsection (a)(37)(A)(i) is substituted for “used exclusively in the service of any government” and “For purposes of this paragraph, ‘used exclusively in the service of’ means, for other than the Federal Government” for clarity and to eliminate unnecessary words.
Subsection (a)(37)(A)(ii) is substituted for “used exclusively in the service of any government or of any political subdivision thereof, including the government of any State, Territory, or possession of the United States, or the District of Columbia” and “For purposes of this paragraph, ‘used exclusively in the service of’ means, for other than the Federal Government, an aircraft which is owned and operated by a governmental entity for other than commercial purposes or which is exclusively leased by such governmental entity for not less than 90 continuous days” for clarity and to eliminate unnecessary words.
In subsection (a)(37)(B), the words “transporting passengers or property” are substituted for “engaged in carrying persons or property” for consistency in the revised title.
In subsection (a)(38), the words “that is to be installed at a later time” are substituted for “maintained for installation or use . . . but which at the time are not installed therein or attached thereto” to eliminate unnecessary words.
In subsection (a)(39), the word “authority” is substituted for “agency” and “entity” for consistency in the revised title. Before subclause (A), the words “department, agency, officer, or other” are omitted as being included in “authority”.
In subsection (a)(40), the words “bona fide” and “by solicitation, advertisement, or otherwise” are omitted as surplus. The words “furnishes, contracts” are omitted as being included in “providing, or arranging”.
In subsection (a)(41), the words “States of the United States” are substituted for “several States”, and the word “sea” is substituted for “waters”, for consistency in the revised title and with other titles of the Code.
Subsection (b) is substituted for 49 App.:1383 to eliminate unnecessary words.
Pub. L. 103–429
This makes a conforming amendment for consistency with the style of title 49.
Amendments
2003—Subsec. (a)(15)(C). Pub. L. 108–176, §807, inserted “which is under the actual control of citizens of the United States,” before “and in which”.
Subsec. (a)(29) to (47). Pub. L. 108–176, §225(a), added pars. (29), (31), (34), (36), and (42) and redesignated former pars. (29), (30), (31), (32), (33), (34), (35), (36), (37), (38), (39), (40), (41), and (42) as (30), (32), (33), (35), (37), (38), (39), (40), (41), (43), (44), (45), (46), and (47), respectively.
2000—Subsec. (a)(37). Pub. L. 106–181, §702(a), amended par. (37) generally, revising and restating provisions defining “public aircraft” to include references to qualifications found in section 40125(b) and (c).
Subsec. (a)(42). Pub. L. 106–181, §301, added par. (42).
1997—Subsec. (a)(37)(A). Pub. L. 105–137 struck out “or” at end of cl. (i), added cl. (ii), and redesignated former cl. (ii) as (iii).
1994—Subsec. (a)(30). Pub. L. 103–429 substituted “this subpart and subpart III” for “subparts I and III”.
Subsec. (a)(35). Pub. L. 103–305 struck out “for air transportation” after “charge”.
Subsec. (a)(37)(B). Pub. L. 103–411 added subpar. (B) and struck out former subpar. (B) which read as follows: “does not include a government-owned aircraft transporting passengers or property for commercial purposes.”
Effective Date of 2003 Amendment
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
Effective Date of 1994 Amendments
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
Amendment by Pub. L. 103–411 effective on the 180th day following Oct. 25, 1994, see section 3(d) of Pub. L. 103–411, set out as a note under section 1131 of this title.
Amendment by Pub. L. 103–305 effective Jan. 1, 1995, see section 601(d) of Pub. L. 103–305, set out as a note under section 10521 of this title.
Territorial Sea of United States
For extension of territorial sea of United States, see Proc. No. 5928, set out as a note under section 1331 of Title 43, Public Lands.
Definitions of Terms in Pub. L. 107–71
Pub. L. 107–71, title I, §133, Nov. 19, 2001, 115 Stat. 636, provided that: “Except as otherwise explicitly provided, any term used in this title [see Tables for classification] that is defined in section 40102 of title 49, United States Code, has the meaning given that term in that section.”
Definitions Applicable to Pub. L. 106–181
Pub. L. 106–181, §4, Apr. 5, 2000, 114 Stat. 64, provided that: “Except as otherwise provided in this Act [see Tables for classification], the following definitions apply:
“(1)
“(2)
Definitions Applicable to Pub. L. 103–305
Section 2 of Pub. L. 103–305 provided that: “In this Act [see Short Title of 1994 Amendment note set out under section 40101 of this title], the following definitions apply:
“(1)
“(2)
§40103. Sovereignty and use of airspace
(a)
(2) A citizen of the United States has a public right of transit through the navigable airspace. To further that right, the Secretary of Transportation shall consult with the Architectural and Transportation Barriers Compliance Board established under section 502 of the Rehabilitation Act of 1973 (29 U.S.C. 792) before prescribing a regulation or issuing an order or procedure that will have a significant impact on the accessibility of commercial airports or commercial air transportation for handicapped individuals.
(b)
(2) The Administrator shall prescribe air traffic regulations on the flight of aircraft (including regulations on safe altitudes) for—
(A) navigating, protecting, and identifying aircraft;
(B) protecting individuals and property on the ground;
(C) using the navigable airspace efficiently; and
(D) preventing collision between aircraft, between aircraft and land or water vehicles, and between aircraft and airborne objects.
(3) To establish security provisions that will encourage and allow maximum use of the navigable airspace by civil aircraft consistent with national security, the Administrator, in consultation with the Secretary of Defense, shall—
(A) establish areas in the airspace the Administrator decides are necessary in the interest of national defense; and
(B) by regulation or order, restrict or prohibit flight of civil aircraft that the Administrator cannot identify, locate, and control with available facilities in those areas.
(4) Notwithstanding the military exception in section 553(a)(1) of title 5, subchapter II of chapter 5 of title 5 applies to a regulation prescribed under this subsection.
(c)
(d)
(e)
(1) it is unreasonably costly, burdensome, or impractical for more than one fixed-based operator to provide the services; and
(2) allowing more than one fixed-based operator to provide the services requires a reduction in space leased under an agreement existing on September 3, 1982, between the operator and the airport.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1101.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40103(a)(1) | 49 App.:1508(a) (1st sentence). | Aug. 23, 1958, Pub. L. 85–726, §§307(a), (c), (d), 308(a) (3d sentence), 1108(a), 1201, 1202, 72 Stat. 749, 750, 751, 798, 800. |
| 40103(a)(2) | 49 App.:1304. | Aug. 23, 1958, Pub. L. 85–726, §104, 72 Stat. 740; Oct. 4, 1984, Pub. L. 98–443, §14, 98 Stat. 1711. |
| 49 App.:1551(b)(1)(E). | Aug. 28, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704. | |
| 40103(b)(1) | 49 App.:1348(a). | |
| 49 App.:1655(c)(1). | Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444. | |
| 40103(b)(2) | 49 App.:1348(c). | |
| 49 App.:1655(c)(1). | ||
| 40103(b)(3) | 49 App.:1521. | |
| 49 App.:1522. | ||
| 49 App.:1655(c)(1). | ||
| 40103(b)(4) | 49 App.:1348(d). | |
| 40103(c) | (no source). | |
| 40103(d) | 49 App.:1508(a) (last sentence). | |
| 40103(e) | 49 App.:1349(a) (3d sentence). | |
| 49 App.:1349(a) (last sentence). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §308(a) (last sentence); added Sept. 3, 1982, Pub. L. 97–248, §524(a)(1), 96 Stat. 695. |
In subsection (a)(1), the word “has” is substituted for “is declared to possess and exercise complete and” to eliminate surplus words. The word “national” is omitted as surplus. The text of 49 App.:1508(a) (1st sentence words after 1st comma) is omitted as surplus.
In subsection (a)(2), the words “of the United States” are omitted for consistency in the revised title and because of the definition of “navigable airspace” in section 40102(a) of the revised title. The words “or amending” are omitted as surplus.
In subsection (b), the word “Administrator” in section 307(a), (c), and (d) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 749, 750) is retained on authority of 49:106(g).
In subsection (b)(1) and (3)(B), the word “rule” is omitted as being synonymous with “regulation”.
In subsection (b)(1), the words “under such terms, conditions, and limitations as he may deem” are omitted as surplus. The words “In the exercise of his authority under section 1348(a) of this Appendix” in 49 App.:1522 are omitted as unnecessary because of the restatement.
In subsection (b)(2), before clause (A), the word “shall” is substituted for “is further authorized and directed” for consistency in the revised title and to eliminate unnecessary words.
In subsection (b)(3), before clause (A), the words “In the exercise of his authority under section 1348(a) of this Appendix” in 49 App.:1522 are omitted as surplus. The word “navigable” is added for clarity and consistency. In clause (A), the words “such zones or” are omitted as surplus.
In subsection (b)(4), the words “the military exception” are substituted for “any exception relating to military or naval functions” to eliminate unnecessary words and because “naval” is included in “military”. The words “applies to a regulation prescribed under” are substituted for “In the exercise of the rulemaking authority . . . the Secretary of Transportation shall be subject to” to eliminate unnecessary words and because “rules” and “regulations” are synonymous.
Subsection (c) is added for clarity.
In subsection (d), the words “including the Canal Zone” are omitted because of the Panama Canal Treaty of 1977.
In subsection (e), before clause (1), the words “any landing area” are omitted as being included in the definition of “air navigation facility” in section 40102(a) of the revised title. The word “only” is added for clarity. In clause (2), the words “on September 3, 1982” are added for clarity.
Regulations
Pub. L. 85–726, title VI, §613(a), (b), as added by Pub. L.101–508, title IX, §9124, Nov. 5, 1990, 104 Stat. 1388–370, provided that:
“(a)
“(b)
National Airspace Redesign
Pub. L. 106–181, title VII, §736, Apr. 5, 2000, 114 Stat. 171, provided that:
“(a)
“(1) The national airspace, comprising more than 29 million square miles, handles more than 55,000 flights per day.
“(2) Almost 2,000,000 passengers per day traverse the United States through 20 major en route centers, including more than 700 different sectors.
“(3) Redesign and review of the national airspace may produce benefits for the travelling public by increasing the efficiency and capacity of the air traffic control system and reducing delays.
“(4) Redesign of the national airspace should be a high priority for the Federal Aviation Administration and the air transportation industry.
“(b)
“(c)
“(d)
§40104. Promotion of civil aeronautics and safety of air commerce
(a)
(b)
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1102; Pub. L. 103–429, §6(47), Oct. 31, 1994, 108 Stat. 4384; Pub. L. 104–264, title IV, §401(b)(1), Oct. 9, 1996, 110 Stat. 3255; Pub. L. 108–176, title III, §303, title VIII, §813, Dec. 12, 2003, 117 Stat. 2533, 2590.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40104 | 49 App.:1346. | Aug. 23, 1958, Pub. L. 85–726, §305, 72 Stat. 749. |
| 49 App.:1346a. | July 12, 1976, Pub. L. 94–353, §21, 90 Stat. 884. | |
| 49 App.:1655(c)(1). | Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444. |
The words “and foster” in 49 App.:1346 are omitted as surplus. The words “In carrying out this section” are substituted for “In furtherance of his mandate to promote civil aviation” in 49 App.:1346a because of the restatement. The word “Administrator” is substituted for “Secretary of Transportation acting through the Administrator of the Federal Aviation Administration” for consistency with the source provisions restated in this section. The words “be designed so as to”, “various aspects of”, and “civil and” are omitted as surplus.
Pub. L. 103–429, §6(47)(A), (B)
This makes conforming amendments to 49:40104, as enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1102), because of the restatement of 49 App.:1655(c)(1) (words after last comma) as 49:40104(b) by section 6(47)(C) of the bill.
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40104(b) | 49 App.:1655(c)(1) (words after last comma). | Oct. 15, 1966, Pub. L. 89–670, §6(c)(1) (words after last comma), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444. |
References in Text
Section 47176, referred to in subsec. (c), probably should be a reference to section 47175 of this title, which defines “congested airport” and “airport capacity enhancement project”. No section 47176 of this title has been enacted.
Amendments
2003—Subsec. (b). Pub. L. 108–176, §813, amended heading and text of subsec. (b) generally. Prior to amendment, text read as follows: “The Secretary of Transportation may develop and construct a civil supersonic aircraft.”
Subsec. (c). Pub. L. 108–176, §303, added subsec. (c).
1996—Pub. L. 104–264, §401(b)(1)(A), inserted “safety of” before “air commerce” in section catchline.
Subsec. (a). Pub. L. 104–264, §401(b)(1)(B), (C), inserted “
1994—Pub. L. 103–429 designated existing provisions as subsec. (a), inserted heading, substituted “carrying out this subsection” for “carrying out this section”, and added subsec. (b).
Effective Date of 2003 Amendment
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
Effective Date of 1996 Amendment
Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
1 See References in Text note below.
§40105. International negotiations, agreements, and obligations
(a)
(b)
(A) shall act consistently with obligations of the United States Government under an international agreement;
(B) shall consider applicable laws and requirements of a foreign country; and
(C) may not limit compliance by an air carrier with obligations or liabilities imposed by the government of a foreign country when the Secretary takes any action related to a certificate of public convenience and necessity issued under chapter 411 of this title.
(2) This subsection does not apply to an agreement between an air carrier or an officer or representative of an air carrier and the government of a foreign country, if the Secretary of Transportation disapproves the agreement because it is not in the public interest. Section 40106(b)(2) of this title applies to this subsection.
(c)
(1) the Secretaries of Commerce and Defense;
(2) airport operators;
(3) scheduled air carriers;
(4) charter air carriers;
(5) airline labor;
(6) consumer interest groups;
(7) travel agents and tour organizers; and
(8) other groups, institutions, and governmental authorities affected by international aviation policy.
(d)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1102.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40105(a) | 49 App.:1462. | Aug. 23, 1958, Pub. L. 85–726, §802, 72 Stat. 783. |
| 49 App.:1551(b)(1)(B). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(B); added Oct. 24, 1978, Pub. L. 95–504, §40(a), 92 Stat. 1745. | |
| 49 App.:1655(c)(1). | Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat 2444. | |
| 40105(b) | 49 App.:1502(a). | Aug. 23, 1958, Pub. L. 85–726, §1102(a), 72 Stat. 797; Feb. 15, 1980, Pub. L. 96–192, §17, 94 Stat. 42. |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b) (1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704. | |
| 49 App.:1655(c)(1). | ||
| 40105(c) | 49 App.:1502(c). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1102(c), (d); added Feb. 15, 1980, Pub. L. 96–192, §17, 94 Stat. 43. |
| 49 App.:1551(b)(1)(E). | ||
| 40105(d) | 49 App.:1502(d). |
In subsection (a), the words “government of a foreign country” are substituted for “foreign governments” in 49 App.:1462 and “foreign country” in 49 App.:1502(a) for consistency in the revised title and with other titles of the United States Code. The words “Secretary of Transportation” are substituted for “Department of Transportation” in 49 App.:1551(b)(1)(B) because of 49:102(b). The words “Secretary of State” are substituted for “Department of State” because of 22:2651.
In subsection (b)(1), before clause (A), the words “carrying out” are substituted for “exercising and performing . . . powers and duties” for consistency in the revised title and with other titles of the Code. In clause (A), the words “an international agreement” are substituted for “any treaty, convention, or agreement that may be in force between the United States and any foreign country or foreign countries” for consistency and to eliminate unnecessary words. In clause (C), the word “public” is added for consistency in this part.
In subsection (b)(2), the words “obligation, duty, or liability arising out of a contract or other” and “heretofore or hereafter” are omitted as surplus. The words “government of a foreign country” are substituted for “foreign country” for consistency in the revised title and with other titles of the Code. The last sentence is inserted to inform the reader that section 40106(b)(2) of the revised title qualifies this subsection.
In subsection (c), before clause (1), the words “To assist” are omitted as surplus. The words “carrying out” are substituted for “developing and implementing” for consistency in the revised title and with other titles of the Code. The word “both” is omitted as surplus. In clause (8), the word “authorities” is substituted for “agencies” for consistency in the revised title and with other titles of the Code.
Reciprocal Airworthiness Certification
Pub. L. 108–176, title VIII, §812, Dec. 12, 2003, 117 Stat. 2590, provided that:
“(a)
“(b)
Report on Certain Bilateral Negotiations
Pub. L. 103–305, title V, §519, Aug. 23, 1994, 108 Stat. 1600, provided that: “The Secretary shall report every other month to the Committee on Public Works and Transportation [now Committee on Transportation and Infrastructure] of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the status of all active aviation bilateral and multilateral negotiations and informal government-to-government consultations with United States aviation trade partners.”
§40106. Emergency powers
(a)
(1) give the Administrator of the Federal Aviation Administration prior notice of the deviation at the earliest practicable time; and
(2) to the extent time and circumstances allow, make every reasonable effort to consult with the Administrator and arrange for the deviation in advance on a mutually agreeable basis.
(b)
(A) an air carrier or foreign air carrier to provide foreign air transportation to and from that foreign country;
(B) a person to operate aircraft in foreign air commerce to and from that foreign country;
(C) a foreign air carrier to provide foreign air transportation between the United States and another country that maintains air service with the foreign country; and
(D) a foreign person to operate aircraft in foreign air commerce between the United States and another country that maintains air service with the foreign country.
(2) The President may act under this subsection without notice or a hearing. The suspension remains in effect for as long as the President decides is necessary to ensure the security of aircraft against unlawful seizure. Notwithstanding section 40105(b) of this title, the authority of the President to suspend rights under this subsection is a condition to a certificate of public convenience and necessity, air carrier operating certificate, foreign air carrier or foreign aircraft permit, or foreign air carrier operating specification issued by the Secretary of Transportation under this part.
(3) An air carrier or foreign air carrier may not provide foreign air transportation, and a person may not operate aircraft in foreign air commerce, in violation of a suspension of authority under this subsection.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1103.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40106(a) | 49 App.:1348(f). | Aug. 23, 1958, Pub. L. 85–726, §307(f), 72 Stat. 750. |
| 49 App.:1655(c)(1). | Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444. | |
| 40106(b) | 49 App.:1514. | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1114; added Aug. 5, 1974, Pub. L. 93–366, §106, 88 Stat. 413. |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704. | |
| 49 App.:1655(c)(1). |
In subsection (a), before clause (1), the words “armed forces” are substituted for “national defense forces” because of 10:101. The words “section 40103(b)(1) and (2) of this title” are substituted for “this subchapter” as being more precise. In clauses (1) and (2), the word “Administrator” in section 307(f) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 750) is retained on authority of 49:106(g). In clause (2), the words “fully” and “required” are omitted as surplus.
In subsection (b)(1), the words “government of a foreign country” are substituted for “foreign nation” for consistency in the revised title and with other titles of the Code. Before clause (A), the words “in a manner” and “in any way” are omitted as surplus. The word “authority” is substituted for “right” as being more precise and for consistency in the revised title.
In subsection (b)(2), the words “deemed to be” are omitted because a legal conclusion is being stated.
In subsection (b)(3), the words “by the President” are omitted as surplus.
Aircraft Piracy
The United States is a party to the Convention for the Suppression of Unlawful Seizure of Aircraft, signed at The Hague, Dec. 16, 1970, entered into force as to the United States, Oct. 14, 1971, 22 UST 1641.
§40107. Presidential transfers
(a)
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1104.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40107(a) | 49 App.:1345. | Aug. 23, 1958, Pub. L. 85–726, §§302(e), 304, 72 Stat. 746, 749. |
| 49 App.:1655(c)(1). | Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444. | |
| 40107(b) | 49 App.:1343(c). | |
| 49 App.:1655(c)(1). |
In this section, the words “functions (including . . . parts of functions)” are omitted as included in “duty, power, activity, or facility”.
In subsection (a), the words “of a department, agency, or instrumentality of the executive branch of the United States Government” are substituted for “the executive departments or agencies of the Government” for consistency in the revised title and with other titles of the United States Code. The word “unit” is substituted for “organizational entity” for clarity. The words “appropriate” and “civilian and military” are omitted as surplus. The words “officers and employees” are substituted for “personnel” for consistency in the revised title and with other titles of the Code. The words “to the Administrator” are added for clarity.
In subsection (b), the text of 49 App.:1343(c) (words before proviso) is omitted as obsolete. The words “Secretary of Defense” are substituted for “Department of Defense” because of 10:133(a). The words “prior to enactment of such proposed legislation” are omitted as obsolete because the legislation was not enacted. The word “appropriate” is omitted as surplus. The words “of the Administration to the Department of Defense” are added for clarity.
Ex. Ord. No. 10786. Transfer of Functions of the Airways Modernization Board to the Administrator
Ex. Ord. No. 10786, Nov. 1, 1958, 23 F.R. 8573, provided:
Dwight D. Eisenhower.
Ex. Ord. No. 10797. Delegation of authority to the Director of the Office of Management and Budget
Ex. Ord. No. 10797, Dec. 24, 1958, 23 F.R. 10391, provided:
Dwight D. Eisenhower.
Ex. Ord. No. 11047. Delegation of Authority to Secretary of Defense and Administrator
Ex. Ord. No. 11047, Aug. 28, 1962, 27 F.R. 8665, as amended by Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided:
By the virtue of the authority vested in me by section 301 of title 3 of the United States Code, and as President of the United States, it is ordered as follows:
(1) Transfers of balances of appropriations available and necessary to finance and discharge the transferred functions shall be made under the authority of Section 202(b) of the Budget and Accounting Procedures Act of 1950 (31 U.S.C. 581c(b) [see 31 U.S.C. 1531]) as affected by the provisions of section 1(k) of Executive Order No. 10530 of May 10, 1954 [set out as a note under section 301 of Title 3, The President].
(2) Provisions for appropriate transfers of records and property shall be made under the authority of the last sentence of Section 304 of the Federal Aviation Act of 1958 [see 49 U.S.C. 40107(a)] as affected by the provisions of Section 1 of Executive Order No. 10797 of December 24, 1958 [set out above].
(b) Neither this order nor the said Executive Order No. 10797 shall be deemed to require or authorize the transfer of any civilian or military personnel from the Department of Defense to the Federal Aviation Administration, under authority of the said Section 304 [see 49 U.S.C. 40107(a)], in connection with transfers of functions effected under the provisions of Section 1 of this order.
(b) In connection with any particular action or actions under Section 1 of this order, the Director of the Office of Management and Budget may either waive the requirements of Section 4(a), above, or reduce the 30 day period there prescribed.
Ex. Ord. No. 11161. Transfer of Federal Aviation Agency to Defense Department in Event of War
Ex. Ord. No. 11161, eff. July 7, 1964, 29 F.R. 9317, as amended by Ex. Ord. No. 11382, eff. Nov. 28, 1967, 32 F.R. 16247, provided:
WHEREAS Section 302(e) of the Federal Aviation Act of 1958 [see 49 U.S.C. 40107(b)] provides, in part, that in the event of war the President by Executive order may transfer to the Department of Defense any functions (including powers, duties, activities, facilities, and parts of functions) of the Federal Aviation Administration; and
WHEREAS it appears that the defense of the United States would require the transfer of the Federal Aviation Administration to the Department of Defense in the event of war; and
WHEREAS if any such transfer were to be made it would be essential to the defense of the United States that the transition be accomplished promptly and with maximum ease and effectiveness; and
WHEREAS these objectives require that the relationships that would obtain in the event of such a transfer as between the Federal Aviation Administration and the Department of Defense be understood in advance by the two agencies concerned and be developed in necessary detail by them in advance of transfer:
NOW, THEREFORE, by virtue of the authority vested in me by Section 302(e) (72 Stat. 746; 49 U.S.C. 1343(c)) [see 49 U.S.C. 40107(b)], and as President of the United States and Commander in Chief of the Armed Forces of the United States, it is hereby ordered as follows:
(A) The Federal Aviation Administration will function as an adjunct of the Department of Defense with the Federal Aviation Administrator being responsible directly to the Secretary of Defense and subject to his authority, direction, and control to the extent deemed by the Secretary to be necessary for the discharge of his responsibilities as Secretary of Defense.
(B) To the extent deemed by the Secretary of Defense to be necessary for the accomplishment of the military mission, he will be empowered to direct the Administrator to place operational elements of the Federal Aviation Administration under the direct operational control of appropriate military commanders.
(C) While functioning as an adjunct of the Department of Defense, the Federal Aviation Administration will remain organizationally intact and the Administrator thereof will retain responsibility for administration of his statutory functions, subject to the authority, direction, and control of the Secretary of Defense to the extent deemed by the Secretary to be necessary for the discharge of his responsibilities as Secretary of Defense.
(A) That the functions of the Federal Aviation Administration are performed during any period of national emergency short of war in a manner that will assure that essential national defense requirements will be satisfied during any such period of national emergency.
(B) Consistent with the provisions of paragraphs (A), (B), and (C) of Section 1 of this order, that any transfer of the Federal Aviation Administration to the Department of Defense, in the event of war, will be accomplished smoothly and rapidly and effective operation of the agencies and functions affected by the transfer will be achieved after the transfer.
Lyndon B. Johnson.
§40108. Training schools
(a)
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1104.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40108(a) | 49 App.:1354(d) (1st sentence). | Aug. 23, 1958, Pub. L. 85–726, §313(d), 72 Stat. 753. |
| 49 App.:1655(c)(1). | Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444. | |
| 40108(b) | 49 App.:1354(d) (2d–last sentences). | |
| 49 App.:1655(c)(1). |
In this section, the word “Administrator” in section 313(d) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 753) is retained on authority of 49:106(g). The words “school or” are omitted because of 1:1.
In subsection (a), the words “officers and” are added for clarity and consistency in the revised title and with other titles of the United States Code. The words “to carry out duties, powers, and activities of the Administrator” are substituted for “in those subjects necessary for the proper performance of all authorized functions of the Administration” for clarity and consistency in the revised title.
In subsection (b), the words “officers and employees” are substituted for “personnel”, the words “departments, agencies, or instrumentalities of the United States Government” are substituted for “governmental”, and the words “governments of foreign countries” are substituted for “foreign governments”, for consistency in the revised title and with other titles of the Code. The words “courses given in”, “sufficient”, and “appropriate” are omitted as surplus. The text of 49 App.:1354(d) (3d sentence) is omitted as unnecessary because chapter 41 of title 5, United States Code, applies to all training of employees. The words “or both” are substituted for “(3) in part as provided under clause (1) and in part as provided under clause (2)” to eliminate unnecessary words.
§40109. Authority to exempt
(a)
(A) an air carrier not engaged directly in operating aircraft in air transportation; or
(B) a foreign air carrier not engaged directly in operating aircraft in foreign air transportation.
(2) The exemption is effective to the extent and for periods that the Secretary decides are in the public interest.
(b)
(c)
(d)
(1) because of the limited extent of, or unusual circumstances affecting, the operation of the air carrier, the enforcement of section 42112(b)(1) and (2) of this title is or would be an unreasonable burden on the air carrier that would obstruct its development and prevent it from beginning or continuing operations; and
(2) the exemption would not affect adversely the public interest.
(e)
(f)
(A)(i) provides passenger transportation only with aircraft having a maximum capacity of 55 passengers; or
(ii) provides the transportation of cargo only with aircraft having a maximum payload of less than 18,000 pounds; and
(B) complies with liability insurance requirements and other regulations the Secretary prescribes.
(2) The Secretary may increase the passenger or payload capacities when the public interest requires.
(3)(A) An exemption under this subsection applies to an air carrier providing air transportation between 2 places in Alaska, or between Alaska and Canada, only if the carrier is authorized by Alaska to provide the transportation.
(B) The Secretary may limit the number or location of places that may be served by an air carrier providing transportation only in Alaska under an exemption from section 41101(a)(1) of this title, or the frequency with which the transportation may be provided, only when the Secretary decides that providing the transportation substantially impairs the ability of an air carrier holding a certificate issued by the Secretary to provide its authorized transportation, including the minimum transportation requirement for Alaska specified under section 41732(b)(1)(B) of this title.
(g)
(A) because of an emergency created by unusual circumstances not arising in the normal course of business, air carriers holding certificates under section 41102 of this title cannot accommodate traffic in those markets;
(B) all possible efforts have been made to accommodate the traffic by using the resources of the air carriers, including the use of—
(i) foreign aircraft, or sections of foreign aircraft, under lease or charter to the air carriers; and
(ii) the air carriers’ reservations systems to the extent practicable;
(C) the exemption is necessary to avoid unreasonable hardship for the traffic in the markets that cannot be accommodated by the air carriers; and
(D) granting the exemption will not result in an unreasonable advantage to any party in a labor dispute where the inability to accommodate traffic in a market is a result of the dispute.
(2) When the Secretary grants an exemption to a foreign air carrier under this subsection, the Secretary shall—
(A) ensure that air transportation that the foreign air carrier provides under the exemption is made available on reasonable terms;
(B) monitor continuously the passenger load factor of air carriers in the market that hold certificates under section 41102 of this title; and
(C) review the exemption at least every 30 days to ensure that the unusual circumstances that established the need for the exemption still exist.
(3) The Secretary may renew an exemption (including renewals) under this subsection for not more than 30 days. An exemption may continue for not more than 5 days after the unusual circumstances that established the need for the exemption cease.
(h)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1104; Pub. L. 104–287, §5(65), Oct. 11, 1996, 110 Stat. 3395.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40109(a) | 49 App.:1301(3) (proviso). | Aug. 23, 1958, Pub. L. 85–726, §§101(3) (proviso), 307(e), 416(b)(2), 72 Stat. 737, 750, 771. |
| 49 App.:1386(b)(3). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §416(b)(3)–(6); added Oct. 24, 1978, Pub. L. 95–504, §§31(b), 32, 92 Stat. 1732. | |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704. | |
| 40109(b) | 49 App.:1348(e). | |
| 49 App.:1551(b)(1)(E). | ||
| 49 App.:1655(c)(1). | Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444. | |
| 40109(c) | 49 App.:1386(b)(1). | Aug. 23, 1958, Pub. L. 85–726, §416(b)(1), 72 Stat. 771; restated Oct. 24, 1978, Pub. L. 95–504, §31(a), 92 Stat. 1731. |
| 49 App.:1551(b)(1)(E). | ||
| 40109(d) | 49 App.:1386(b)(2) (less words between 6th and 7th commas, proviso). | |
| 49 App.:1551(b)(1)(E). | ||
| 40109(e) | 49 App.:1386(b)(2) (proviso). | |
| 49 App.:1551(b)(1)(E). | ||
| 40109(f) | 49 App.:1386(b)(4), (5), (6) (less words between 5th and 6th commas). | |
| 49 App.:1551(b)(1)(E). | ||
| 40109(g) | 49 App.:1386(b)(7). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §416(b)(7); added Feb. 15, 1980, Pub. L. 96–192, §13, 94 Stat. 39. |
| 49 App.:1551(b)(1)(E). | ||
| 40109(h) | 49 App.:1386(b)(2) (words between 6th and 7th commas), (6) (words between 5th and 6th commas). | |
| 49 App.:1551(b)(1)(E). |
In this section, the words “requirements of”, “term”, and “or limitation” are omitted as surplus. The word “rule” is omitted as being synonymous with “regulation”. The word “unreasonable” is substituted for “undue” for consistency in the revised title and with other titles of the United States Code.
In subsection (a)(1), before clause (A), the words “by order” are omitted as unnecessary because of 5:ch. 5, subch. II. The word “exempt” is substituted for “relieve” for consistency in this section.
In subsection (a)(2), the words “that the Secretary decides” are added for clarity.
In subsections (b), (c), and (f)(1)(B), the words “from time to time” are omitted as unnecessary.
In subsection (b), the word “Administrator” in section 307(e) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 750) is retained on authority of 49:106(g).
In subsection (d), before clause (1), the words “to the extent” are omitted as surplus.
In subsection (f)(1), before clause (A), the words “Subject to paragraph (5) of this subsection” and “in air transportation” are omitted as surplus. The words “the Secretary may exempt” are substituted for “as may be prescribed in regulations promulgated by the Board” for clarity and to eliminate unnecessary words. In clause (A)(ii), the word “capacity” is omitted as surplus. In clause (B), the word “reasonable” is omitted as surplus. The word “prescribes” is substituted for “adopt” for consistency in the revised title and with other titles of the Code. The words “in the public interest” are omitted as surplus.
In subsection (f)(2), the words “by regulation” are omitted as surplus. The word “payload” is substituted for “property” for consistency in this subsection. The words “specified in this paragraph” are omitted as surplus.
In subsection (f)(3), the words “the State of” are omitted as surplus.
In subsection (f)(3)(A), the words “under this subsection” are substituted for “from section 1371 of this title or any other requirement of this chapter”, the words “2 places” are substituted for “points both of which are”, and the word “between” is substituted for “one of which is in . . . and the other in”, to eliminate unnecessary words.
In subsection (f)(3)(B), the word “only” is added for clarity. The words “promulgated by the Board”, “by such air carrier to points within such State”, and “but not limited to” are omitted as surplus. The word “Alaska” is substituted for “such State” for clarity. The cross-reference is to section 41732(b)(1)(B) to correct an error in the source provisions. The cross-reference in 49 App.:1386(b)(6) to 49 App.:1389(c)(2) should have been to 49 App.:1389(f)(2). This error was not corrected when 49 App.:1389 was restated by section 202(b) of the Airport and Airway Safety and Capacity Expansion Act of 1987 (Public Law 100–223, 101 Stat. 1508). The comparable provision is 49 App.:1389(k)(1)(A)(ii), restated as section 41732(b)(1)(B).
In subsection (g), the word “exemption” is substituted for “authorization” and “authority” for clarity and consistency.
In subsection (g)(1), before clause (A), the words “required”, “a period”, and “to the extent necessary” are omitted as surplus. The word “mail” is omitted as being included in “cargo”. In clause (B), before subclause (i), the words “for example” are omitted as surplus.
In subsection (g)(3), the words “a period” are omitted as surplus.
In subsection (h), the words “The Secretary may act under subsections (d) and (f)(3)(B) of this section” are added because of the restatement. The word “notice” does not appear in 49 App.:1386(b)(6) (words between 5th and 6th commas) but is made applicable to both of the restated source provisions for consistency with subchapter II of chapter 5 of title 5, United States Code. The words “opportunity for a” are added for consistency in the revised title.
Pub. L. 104–287
This amends 49:40109(c) to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1105), to include in the cross-reference sections enacted after the cutoff date for the codification of title 49 as enacted by section 1 of the Act (Public Law 103–272, 108 Stat. 745), and to make it easier to include future sections in the cross-reference by restating it in terms of chapters.
Amendments
1996—Subsec. (c). Pub. L. 104–287, §5(65)(B), substituted “sections 44909 and 46301(b)” for “section 46301(b)”.
Pub. L. 104–287, §5(65)(A), substituted “chapter 413 (except sections 41307 and 41310(b)–(f)), chapter 415 (except sections 41502, 41505, and 41507–41509), chapter 417 (except sections 41703, 41704, 41710, 41713, and 41714),” for “sections 41301–41306, 41308–41310(a), 41501, 41503, 41504, 41506, 41510, 41511, 41701, 41702, 41705–41709, 41711, 41712, and 41731–41742,”.
Effective Date of 1996 Amendment
Amendment by Pub. L. 104–287 effective July 5, 1994, see section 8(1) of Pub. L. 104–287, set out as a note under section 5303 of this title.
Authority To Grant Exemptions to Government Aircraft
Pub. L. 103–411, §3(b), Oct. 25, 1994, 108 Stat. 4237, provided that:
“(1)
“(2)
“(A) the Administrator finds that granting the exemption is necessary to prevent an undue economic burden on the unit of government; and
“(B) the Administrator certifies that the aviation safety program of the unit of government is effective and appropriate to ensure safe operations of the type of aircraft operated by the unit of government.”
§40110. General procurement authority
(a)
(1) to the extent that amounts are available for obligation, may acquire services or, by condemnation or otherwise, an interest in property, including an interest in airspace immediately adjacent to and needed for airports and other air navigation facilities owned by the United States Government and operated by the Administrator;
(2) may dispose of an interest in property for adequate compensation; and
(3) may construct and improve laboratories and other test facilities.
(b)
(1)
(2)
(3)
(4)
(A) a description of the housing unit and its price;
(B) a certification that the price does not exceed the median price of housing units in the area; and
(C) a certification that purchasing the housing unit is the most cost-beneficial means of providing necessary accommodations in carrying out this part.
(5)
(c)
(1) notwithstanding section 1341(a)(1) of title 31, lease an interest in property for not more than 20 years;
(2) consider the reasonable probable future use of the underlying land in making an award for a condemnation of an interest in airspace;
(3) construct, or acquire an interest in, a public building (as defined in section 3301(a) of title 40) only under a delegation of authority from the Administrator of General Services;
(4) use procedures other than competitive procedures only when the property or services needed by the Administrator of the Federal Aviation Administration are available from only one responsible source or only from a limited number of responsible sources and no other type of property or services will satisfy the needs of the Administrator; and
(5) dispose of property under subsection (a)(2) of this section, except for airport and airway property and technical equipment used for the special purposes of the Administration, only under sections 121, 123, and 126 and chapter 5 of title 40.
(d)
(1)
(A) more timely and cost-effective acquisitions of equipment, services, property, and materials; and
(B) the resolution of bid protests and contract disputes related thereto, using consensual alternative dispute resolution techniques to the maximum extent practicable.
(2)
(A) Title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 252–266).
(B) The Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.).
(C) The Federal Acquisition Streamlining Act of 1994 (Public Law 103–355), except for section 315 (41 U.S.C. 265). For the purpose of applying section 315 of that Act to the system, the term “executive agency” is deemed to refer to the Federal Aviation Administration.
(D) The Small Business Act (15 U.S.C. 631 et seq.), except that all reasonable opportunities to be awarded contracts shall be provided to small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals.
(E) The Competition in Contracting Act.
(F) Subchapter V of chapter 35 of title 31, relating to the procurement protest system.
(G) The Federal Acquisition Regulation and any laws not listed in subparagraphs (A) through (F) providing authority to promulgate regulations in the Federal Acquisition Regulation.
(3)
(A) Subsections (f) and (g) shall not apply.
(B) Within 90 days after the date of the enactment of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century, the Administrator shall adopt definitions for the acquisition management system that are consistent with the purpose and intent of the Office of Federal Procurement Policy Act.
(C) After the adoption of those definitions, the criminal, civil, and administrative remedies provided under the Office of Federal Procurement Policy Act apply to the acquisition management system.
(D) In the administration of the acquisition management system, the Administrator may take adverse personnel action under section 27(e)(3)(A)(iv) of the Office of Federal Procurement Policy Act in accordance with the procedures contained in the Administration's personnel management system.
(4)
(e)
(1)
(2)
(3)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1106; Pub. L. 103–429, §6(48), (80), Oct. 31, 1994, 108 Stat. 4384, 4388; Pub. L. 104–264, title XII, §1201, Oct. 9, 1996, 110 Stat. 3279; Pub. L. 106–181, title III, §307(b), title VII, §703, Apr. 5, 2000, 114 Stat. 125, 156; Pub. L. 107–217, §3(n)(5), Aug. 21, 2002, 116 Stat. 1302; Pub. L. 108–176, title II, §§222, 224(a), (b), Dec. 12, 2003, 117 Stat. 2527; Pub. L. 108–178, §4(k), Dec. 15, 2003, 117 Stat. 2642.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40110(a) | 49 App.:1344(a)(1) (less term of lease), (2) (words before 1st semicolon), (3). | Aug. 23, 1958, Pub. L. 85–726, §303(a)–(d), 72 Stat. 747; May 21, 1970, Pub. L. 91–258, §51(a)(1), 84 Stat. 234; July 12, 1976, Pub. L. 94–353, §16, 90 Stat. 882; Oct. 19, 1980, Pub. L. 96–470, §112(e), 94 Stat. 2240; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444; restated Nov. 5, 1990, Pub. L. 101–508, §9118(a), 104 Stat. 1388–365. |
| 40110(b)(1) | 49 App.:1344(d). | |
| 40110(b) (2)(A) | 49 App.:1344(a)(1) (related to term of lease). | |
| 40110(b) (2)(B) | 49 App.:1344(b)(1). | |
| 40110(b) (2)(C) | 49 App.:1344(b)(2). | |
| 40110(b) (2)(D) | 49 App.:1344(c). | |
| 40110(b) (2)(E) | 49 App.:1344(g). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 747, §303(g); added Oct. 31, 1992, Pub. L. 102–581, §201(a), 106 Stat. 4890. |
| 40110(b) (2)(F) | 49 App.:1344(a)(2) (words after 1st semicolon). |
In this section, the word “Administrator” in section 303(a)–(d) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 747) is retained on authority of 49:106(g).
In subsection (a), before clause (1), the words “In carrying out this part” are added for clarity. The words “on behalf of the United States . . . where appropriate” are omitted as surplus. In clause (1), the words “made by the Congress”, “by purchase, condemnation . . . or otherwise”, and “easements through or other” are omitted as surplus. In clause (2), the words “by sale, lease, or otherwise” and “real or personal” are omitted as surplus. In clause (3), the word “renovate” is omitted as surplus. The words “and to purchase or otherwise acquire real property required therefor” are omitted as surplus because of the authority of the Administrator to acquire real property under clause (1) of this subsection.
In subsection (b)(1), the words “procedures other than competitive procedures” are substituted for “noncompetitive procedures” for consistency with subsection (b)(2)(D) of this section and 41:253(f).
In subsection (b)(2)(B), the text of 49 App.:1344(b)(1) (words before semicolon) and the words “easements through or other” are omitted as surplus.
In subsection (b)(2)(C), the words “by purchase, condemnation, or lease” are omitted as surplus.
Subsection (b)(2)(E) is substituted for 49 App.:1344(g) to eliminate the cross-references to other laws and for clarity and is based on the text of 10:2304(c)(1).
Pub. L. 103–429
This amends 49:40110(a) to clarify the restatement of 49 App.:1344(a)(1)–(3) by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1106).
References in Text
The Federal Property and Administrative Services Act of 1949, referred to in subsec. (d)(2)(A), is act June 30, 1949, ch. 288, 63 Stat. 377, as amended. Title III of the Act is classified generally to subchapter IV (§251 et seq.) of chapter 4 of Title 41, Public Contracts. For complete classification of this Act to the Code, see Tables.
The Office of Federal Procurement Policy Act, referred to in subsec. (d)(2)(B), (3)(B), (C), is Pub. L. 93–400, Aug. 30, 1974, 88 Stat. 796, as amended, which is classified principally to chapter 7 (§401 et seq.) of Title 41, Public Contracts. For complete classification of this Act to the Code, see Short Title note set out under section 401 of Title 41 and Tables.
The Federal Acquisition Streamlining Act of 1994, referred to in subsec. (d)(2)(C), is Pub. L. 103–355, Oct. 13, 1994, 108 Stat. 3243. For complete classification of this Act to the Code, see Short Title of 1994 Amendment note set out under section 251 of Title 41, Public Contracts, and Tables.
The Small Business Act, referred to in subsec. (d)(2)(D), is Pub. L. 85–536, §2(1 et seq.), July 18, 1958, 72 Stat. 384, which is classified generally to chapter 14A (§631 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 631 of Title 15 and Tables.
The Competition in Contracting Act, referred to in subsec. (d)(2)(E), probably means the Competition in Contracting Act of 1984, which is title VII of Pub. L. 98–369, div. B, July 18, 1984, 98 Stat. 1175. For complete classification of this Act to the Code, see Short Title of 1984 Amendments note set out under section 251 of Title 41, Public Contracts, and Tables.
The date of the enactment of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century, referred to in subsec. (d)(3)(B), is the date of enactment of Pub. L. 106–181, which was approved Apr. 5, 2000.
Amendments
2003—Subsec. (c). Pub. L. 108–176, §224(a), struck out par. (1), which related to the senior procurement executive, par. (2) designation before “may—”, and subpar. (D) of par. (2), which related to use procedures other than competitive procedures, redesignated subpars. (A), (B), (C), (E), and (F) of par. (2) as pars. (1) to (5), respectively, and realigned margins.
Subsec. (d)(1). Pub. L. 108–176, §224(b)(1), struck out “, not later than January 1, 1996,” after “shall develop and implement”, substituted “provides for—” for “provides for more timely and cost-effective acquisitions of equipment and materials.”, and added subpars. (A) and (B).
Subsec. (d)(2)(C). Pub. L. 108–176, §222, substituted “(Public Law 103–355), except for section 315 (41 U.S.C. 265). For the purpose of applying section 315 of that Act to the system, the term ‘executive agency’ is deemed to refer to the Federal Aviation Administration.” for “(Public Law 103–355).”
Subsec. (d)(2)(G). Pub. L. 108–178, §4(k)(3), substituted “subparagraphs (A) through (F)” for “subparagraphs (A) through (G)”.
Pub. L. 108–178, §4(k)(1), (2), redesignated subpar. (H) as (G) and struck out former subpar. (G) which read as follows: “The Brooks Automatic Data Processing Act (40 U.S.C. 759).”
Subsec. (d)(2)(H). Pub. L. 108–178, §4(k)(2), redesignated subpar. (H) as (G).
Subsec. (d)(4). Pub. L. 108–176, §224(b)(2), added par. (4) and struck out heading and text of former par. (4). Text read as follows: “This subsection shall take effect on April 1, 1996.”
2002—Subsec. (c)(2)(C). Pub. L. 107–217, §3(n)(5)(A), substituted “(as defined in section 3301(a) of title 40)” for “(as defined in section 13 of the Public Buildings Act of 1959 (40 U.S.C. 612))”.
Subsec. (c)(2)(F). Pub. L. 107–217, §3(n)(5)(B), substituted “sections 121, 123, and 126 and chapter 5 of title 40” for “title II of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 481 et seq.)”.
2000—Subsecs. (d), (e). Pub. L. 106–181 added subsecs. (d) and (e).
1996—Subsecs. (b), (c). Pub. L. 104–264 added subsec. (b) and redesignated former subsec. (b) as (c).
1994—Subsec. (a). Pub. L. 103–429, §6(48), in introductory provisions, struck out “may” after “Administration”, in par. (1), struck out “acquire,” before “to the extent” and substituted “may acquire services or, by condemnation or otherwise,” for “services or”, and in pars. (2) and (3), inserted “may” after par. designation.
Subsec. (b)(2)(A). Pub. L. 103–429, §6(80), inserted “notwithstanding section 1341(a)(1) of title 31,” before “lease”.
Effective Date of 2003 Amendments
Amendment by Pub. L. 108–178 effective Aug. 21, 2002, see section 5 of Pub. L. 108–178, set out as a note under section 5334 of Title 5, Government Organization and Employees.
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
Effective Date of 1996 Amendment
Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
FAA Evaluation of Long-Term Capital Leasing
Pub. L. 106–181, title VII, §704, Apr. 5, 2000, 114 Stat. 157, provided that:
“(a)
“(b)
“(c)
“(d)
Assessment of Acquisition Management System
Section 251 of Pub. L. 104–264 provided that: “Not later than April 1, 1999, the Administrator [of the Federal Aviation Administration] shall employ outside experts to provide an independent evaluation of the effectiveness of the Administration's [Federal Aviation Administration] acquisition management system within 3 months after such date. The Administrator shall transmit a copy of the evaluation to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.”
Pub. L. 104–205, title III, §351, Sept. 30, 1996, 110 Stat. 2979, provided that: “Not later than December 31, 1997, the Administrator of the Federal Aviation Administration shall—
“(a) take such action as may be necessary to provide for an independent assessment of the acquisition management system of the Federal Aviation Administration that includes a review of any efforts of the Administrator in promoting and encouraging the use of full and open competition as the preferred method of procurement with respect to any contract that involves an amount greater than $50,000,000; and
“(b) submit to the Congress a report on the findings of that independent assessment: Provided, That for purposes of this section, the term ‘full and open competition’ has the meaning provided that term in section 4(6) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(6)).”
Acquisition Management System for Federal Aviation Administration
Pub. L. 104–50, title III, §348, Nov. 15, 1995, 109 Stat. 460, required the Administrator of the Federal Aviation Administration to develop and implement, not later than Jan. 1, 1996, an acquisition management system, exempt from specified federal procurement and acquisition laws, to provide for more timely and cost-effective acquisitions of equipment and materials, prior to repeal by Pub. L. 106–181, title III, §307(d), Apr. 5, 2000, 114 Stat. 126.
Alternative Procurement and Acquisition Pilot Program
Pub. L. 103–355, title V, §5063, Oct. 13, 1994, 108 Stat. 3356, provided that:
“(a)
“(b)
“(2) Not later than 45 days after the date of enactment of this Act [Oct. 13, 1994], the Secretary of Transportation shall identify for the pilot program quantitative measures and goals for reducing acquisition management costs.
“(3) The Secretary of Transportation shall establish for the pilot program a review process that provides senior acquisition officials with reports on the minimum necessary data items required to ensure the appropriate expenditure of funds appropriated for the program and that—
“(A) contain essential information on program results at appropriate intervals, including the criteria to be used in measuring the success of the program; and
“(B) reduce data requirements from the current program review reporting requirements.
“(c)
“(1) to apply any amendment or repeal of a provision of law made in this Act [see Short Title of 1994 Amendment note set out under section 251 of Title 41, Public Contracts] to the pilot program before the effective date of such amendment or repeal; and
“(2) to apply to a procurement of items other than commercial items under such program—
“(A) any authority provided in this Act (or in an amendment made by a provision of this Act) to waive a provision of law in the case of commercial items, and
“(B) any exception applicable under this Act (or an amendment made by a provision of this Act) in the case of commercial items,
before the effective date of such provision (or amendment) to the extent that the Secretary determines necessary to test the application of such waiver or exception to procurements of items other than commercial items.
“(d)
“(1) a contract that is awarded or modified after the date occurring 45 days after the date of the enactment of this Act [Oct. 13, 1994]; and
“(2) a contract that is awarded before such date and is to be performed (or may be performed), in whole or in part, after such date.
“(e)
“(1) Restriction of competitions to sources determined capable in a precompetition screening process, provided that the screening process affords all interested sources a fair opportunity to be considered.
“(2) Restriction of competitions to sources of preevaluated products, provided that the preevaluation process affords all interested sources a fair opportunity to be considered.
“(3) Alternative notice and publication requirements.
“(4) A process in which—
“(A) the competitive process is initiated by publication in the Commerce Business Daily, or by dissemination through FACNET, of a notice that—
“(i) contains a synopsis of the functional and performance needs of the executive agency conducting the test, and, for purposes of guidance only, other specifications; and
“(ii) invites any interested source to submit information or samples showing the suitability of its product for meeting those needs, together with a price quotation, or, if appropriate, showing the source's technical capability, past performance, product supportability, or other qualifications (including, as appropriate, information regarding rates and other cost-related factors);
“(B) contracting officials develop a request for proposals (including appropriate specifications and evaluation criteria) after reviewing the submissions of interested sources and, if the officials determine necessary, after consultation with those sources; and
“(C) a contract is awarded after a streamlined competition that is limited to all sources that timely provided product information in response to the notice or, if appropriate, to those sources determined most capable based on the qualification-based factors included in an invitation to submit information pursuant to subparagraph (A).
“(f)
“(A) any provision of the Federal Acquisition Regulation that is not required by statute; and
“(B) any provision of the Federal Acquisition Regulation that is required by a provision of law described in paragraph (2), the waiver of which the Administrator determines in writing to be necessary to test procedures authorized by subsection (e).
“(2) The provisions of law referred to in paragraph (1) are as follows:
“(A) Subsections (e), (f), and (g) of section 8 of the Small Business Act (15 U.S.C. 637).
“(B) The following provisions of the Federal Property and Administrative Services Act of 1949:
“(i) Section 303 (41 U.S.C. 253).
“(ii) Section 303A (41 U.S.C. 253a).
“(iii) Section 303B (41 U.S.C. 253b).
“(iv) Section 303C (41 U.S.C. 253c).
“(C) The following provisions of the Office of Federal Procurement Policy Act:
“(i) Section 4(6) (41 U.S.C. 403(6)).
“(ii) Section 18 (41 U.S.C. 416).
“(g)
“(h)
“(i)
§40111. Multiyear procurement contracts for services and related items
(a)
(1) operation, maintenance, and support of facilities and installations.
(2) operation, maintenance, and modification of aircraft, vehicles, and other highly complex equipment.
(3) specialized training requiring high quality instructor skills, including training of pilots and aircrew members and foreign language training.
(4) base services, including ground maintenance, aircraft refueling, bus transportation, and refuse collection and disposal.
(b)
(1) there will be a continuing requirement for the service consistent with current plans for the proposed contract period;
(2) providing the service will require a substantial initial investment in plant or equipment, or will incur a substantial contingent liability for assembling, training, or transporting a specialized workforce; and
(3) the contract will promote the best interests of the United States by encouraging effective competition and promoting economies in operation.
(c)
(1) The part of the cost of a plant or equipment amortized as a cost of contract performance may not be more than the ratio between the period of contract performance and the anticipated useful commercial life (instead of physical life) of the plant or equipment, considering the location and specialized nature of the plant or equipment, obsolescence, and other similar factors.
(2) The Administrator shall consider the desirability of—
(A) obtaining an option to renew the contract for a reasonable period of not more than 3 years, at a price that does not include charges for nonrecurring costs already amortized; and
(B) reserving in the Administrator the right, on payment of the unamortized part of the cost of the plant or equipment, to take title to the plant or equipment under appropriate circumstances.
(d)
(1) an appropriation originally available for carrying out the contract;
(2) an appropriation currently available for procuring the type of service concerned and not otherwise obligated; or
(3) amounts appropriated for payments to end the contract.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1107.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40111(a) | 49 App.:1344(e)(1). | Aug. 23, 1958, Pub. L. 85–726, §303(e), 72 Stat. 747; May 21, 1970, Pub. L. 91–258, §51(a)(1), 84 Stat. 234; July 12, 1976, Pub. L. 94–353, §16, 90 Stat. 882; Oct. 19, 1980, Pub. L. 96–470, §112(e), 94 Stat. 2240; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444; restated Nov. 5, 1990, Pub. L. 101–508, §9118(a), 104 Stat. 1388–366. |
| 40111(b) | 49 App.:1344(e)(2). | |
| 40111(c) | 49 App.:1344(e)(3). | |
| 40111(d) | 49 App.:1344(e)(4). |
In this section, the word “Administrator” in section 303(e) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 747) is retained on authority of 49:106(g).
In subsection (a), before clause (1), the words “periods of” are omitted as surplus. In clause (3), the words “training of” are added for clarity. In clause (4), the word “aircraft” is substituted for “in-plane” for clarity.
In subsection (c)(2)(A), the words “plant, equipment, and other” are omitted as surplus.
In subsection (d), the words “canceled or” and “cancellation or” are omitted as being included in “ended” and “ending”, respectively.
§40112. Multiyear procurement contracts for property
(a)
(b)
(1) the contract will promote the safety or efficiency of the national airspace system and will result in reduced total contract costs;
(2) the minimum need for the property to be purchased is expected to remain substantially unchanged during the proposed contract period in terms of production rate, procurement rate, and total quantities;
(3) there is a reasonable expectation that throughout the proposed contract period the Administrator will request appropriations for the contract at the level required to avoid cancellation;
(4) there is a stable design for the property to be acquired and the technical risks associated with the property are not excessive; and
(5) the estimates of the contract costs and the anticipated savings from the contract are realistic.
(c)
(1) to broaden the aviation industrial base—
(A) a contract under this section shall be used to seek, retain, and promote the use under that contract of subcontractors, vendors, or suppliers; and
(B) on accrual of a payment or other benefit accruing on a contract under this section to a subcontractor, vendor, or supplier participating in the contract, the payment or benefit shall be delivered in the most expeditious way practicable; and
(2) this section and regulations prescribed under this section may not be carried out in a way that precludes or curtails the existing ability of the Administrator to provide for—
(A) competition in producing items to be delivered under a contract under this section; or
(B) ending a prime contract when performance is deficient with respect to cost, quality, or schedule.
(d)
(A) be used for the advance procurement of components, parts, and material necessary to manufacture equipment to be used in the national airspace system;
(B) provide that performance under the contract after the first year is subject to amounts being appropriated; and
(C) contain a negotiated priced option for varying the number of end items to be procured over the period of the contract.
(2) If feasible and practicable, an advance procurement contract may be made to achieve economic-lot purchases and more efficient production rates.
(e)
(2) Before awarding a contract under this section containing a cancellation ceiling of more than $100,000,000, the Administrator shall give written notice of the proposed contract and cancellation ceiling to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. The contract may not be awarded until the end of the 30-day period beginning on the date of the notice.
(f)
(1) an appropriation originally available for carrying out the contract;
(2) an appropriation currently available for procuring the type of property concerned and not otherwise obligated; or
(3) amounts appropriated for payments to end the contract.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1108; Pub. L. 104–106, div. E, title LVI, §5606, Feb. 10, 1996, 110 Stat. 700; Pub. L. 104–287, §5(9), Oct. 11, 1996, 110 Stat. 3389.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40112(a) | 49 App.:1344(f)(1) (words before 4th comma), (6), (7) (1st sentence). | Aug. 23, 1958, Pub. L. 85–726, §303(f), 72 Stat. 747; May 21, 1970, Pub. L. 91–258, §51(a)(1), 84 Stat. 234; July 12, 1976, Pub. L. 94–353, §16, 90 Stat. 882; Oct. 19, 1980, Pub. L. 96–470, §112(e), 94 Stat. 2240; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444; restated Nov. 5, 1990, Pub. L. 101–508, §9118(a), 104 Stat. 1388–367. |
| 40112(b) | 49 App.:1344(f)(1) (words after 4th comma). | |
| 40112(c) | 49 App.:1344(f)(2). | |
| 40112(d) (1)(A) | 49 App.:1344(f)(4) (words before 3d comma). | |
| 40112(d) (1)(B) | 49 App.:1344(f)(7) (last sentence words before “and (if”). | |
| 40112(d) (1)(C) | 49 App.:1344(f)(8). | |
| 40112(d)(2) | 49 App.:1344(f)(4) (words after 3d comma). | |
| 40112(e)(1) | 49 App.:1344(f)(7) (last sentence words after “of funds”). | |
| 40112(e)(2) | 49 App.:1344(f)(3). | |
| 40112(f) | 49 App.:1344(f)(5). |
In this section, the word “Administrator” in section 303(f) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 747) is retained on authority of 49:106(g).
In subsection (a), the reference in 49 App.:1344(f)(7) to a contract for the purchase of services is omitted as surplus because 49 App.:1344(f)(1) states that the subsection is concerned only with contracts for the purchase of property.
In subsection (b)(5), the word “savings” is substituted for “cost avoidance” for clarity.
In subsection (c), before clause (1), the word “both” is omitted as surplus. In clause (1)(A), the words “in such a manner as” and “companies that are” are omitted as surplus. In clause (1)(B), the words “accruing on” are substituted for “under” for clarity. The words “subcontractor” and “contract” are substituted for “subcontract” and “contractor”, respectively, to correct errors in the source provisions being restated.
In subsection (d)(1)(B), the words “after the first year” are substituted for “during the second and subsequent years of the contract” to eliminate unnecessary words.
In subsection (e)(2), the words “a clause setting forth” are omitted as surplus.
In subsection (f), the words “canceled or” and “cancellation or” are omitted as being included in “ended” and “ending”, respectively.
Amendments
1996—Subsec. (a). Pub. L. 104–106 struck out “or a contract to purchase property to which section 111 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 759) applies” after “improvement to real property”.
Subsec. (e)(2). Pub. L. 104–287 substituted “Transportation and Infrastructure” for “Public Works and Transportation”.
Effective Date of 1996 Amendment
Amendment by Pub. L. 104–106 effective 180 days after Feb. 10, 1996, see section 5701 of Pub. L. 104–106, Feb. 10, 1996, 110 Stat. 702.
§40113. Administrative
(a)
(b)
(c)
(d)
(e)
(1)
(2)
(3)
(4)
(f)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1110; Pub. L. 103–305, title II, §202, Aug. 23, 1994, 108 Stat. 1582; Pub. L. 106–181, title I, §156(a), Apr. 5, 2000, 114 Stat. 89; Pub. L. 107–71, title I, §140(c), Nov. 19, 2001, 115 Stat. 641.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40113(a) | 49 App.:1324(a). | Aug. 23, 1958, Pub. L. 85–726, §§204(a), 313(a), 72 Stat. 743, 752. |
| 49 App.:1354(a). | ||
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704. | |
| 49 App.:1655(c)(1). | Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444. | |
| 40113(b) | 49 App.:1472(h)(1), (3). | Aug. 23, 1958, Pub. L. 85–726, §902(h)(1), (3), 72 Stat. 785; restated Jan. 3, 1975, Pub. L. 93–633, §113(c), 88 Stat. 2162, 2163. |
| 40113(c) | 49 App.:1505. | Aug. 23, 1958, Pub. L. 85–726, §1105, 72 Stat. 798; Oct. 15, 1962, Pub. L. 87–810, §3, 76 Stat. 921. |
| 49 App.:1655(c)(1). | ||
| 40113(d) | 49 App.:1354(e). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §313(e); added Dec. 30, 1987, Pub. L. 100–223, §205, 101 Stat. 1521. |
In subsections (a), (c), and (d), the word “Administrator” in sections 313(a) and (e) and 1105 of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 752, 798) is retained on authority of 49:106(g).
Subsection (a) is substituted for 49 App.:1324(a) and 1354(a) to eliminate unnecessary words. The word “standards” is added for consistency.
In subsection (b), the words “his responsibilities under” and “safe” are omitted as surplus.
In subsection (c), the words “department, agency, and instrumentality” are substituted for “agency” and “governmental agency” for consistency in the revised title and with other titles of the United States Code. The text of 49 App.:1505 (2d, 3d sentences) is omitted as superseded by 49 App.:1903(b), restated in sections 1105, 1110, and 1111 of the revised title. The word “existing” is omitted as surplus.
In subsection (d), the text of 49 App.:1354(e) (last sentence) is omitted because of 49:322(a).
Amendments
2001—Subsec. (a). Pub. L. 107–71, §140(c)(1), inserted “the Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary or” before “the Administrator of the Federal Aviation Administration” and substituted “, Under Secretary, or Administrator” for “or Administrator”.
Subsec. (d). Pub. L. 107–71, §140(c)(2), inserted “Under Secretary of Transportation for Security or the” after “The” and substituted “employee of the Transportation Security Administration or Federal Aviation Administration, as the case may be,” for “employee of the Administration” and “the Under Secretary or Administrator, as the case may be, decides” for “the Administrator decides”.
2000—Subsec. (f). Pub. L. 106–181 added subsec. (f).
1994—Subsec. (e). Pub. L. 103–305 added subsec. (e).
Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including the functions of the Secretary of Transportation, and of the Under Secretary of Transportation for Security, relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
Administrative Services Franchise Fund
Pub. L. 104–205, title I, Sept. 30, 1996, 110 Stat. 2957, provided in part that: “There is hereby established in the Treasury a fund, to be available without fiscal year limitation, for the costs of capitalizing and operating such administrative services as the FAA Administrator determines may be performed more advantageously as centralized services, including accounting, international training, payroll, travel, duplicating, multimedia and information technology services: Provided, That any inventories, equipment, and other assets pertaining to the services to be provided by such fund, either on hand or on order, less the related liabilities or unpaid obligations, and any appropriations made prior to the current year for the purpose of providing capital shall be used to capitalize such fund: Provided further, That such fund shall be paid in advance from funds available to the FAA and other Federal agencies for which such centralized services are performed, at rates which will return in full all expenses of operation, including accrued leave, depreciation of fund plant and equipment, amortization of Automated Data Processing (ADP) software and systems (either required or donated), and an amount necessary to maintain a reasonable operating reserve, as determined by the FAA Administrator: Provided further, That such fund shall provide services on a competitive basis: Provided further, That an amount not to exceed four percent of the total annual income to such fund may be retained in the fund for fiscal year 1997 and each year thereafter, to remain available until expended, to be used for the acquisition of capital equipment and for the improvement and implementation of FAA financial management, ADP, and support systems: Provided further, That no later than thirty days after the end of each fiscal year, amounts in excess of this reserve limitation shall be transferred to miscellaneous receipts in the Treasury.”
Aircraft Purchase Loan Guarantee Program
Pub. L. 106–69, title III, §337, Oct. 9, 1999, 113 Stat. 1022, which provided that none of the funds in Pub. L. 106–69 were to be available for activities under the Aircraft Purchase Loan Guarantee Program during fiscal year 2000, was from the Department of Transportation and Related Agencies Appropriations Act, 2000, and was not repeated in subsequent appropriations acts. Similar provisions were contained in the following prior appropriation acts:
Pub. L. 105–277, div. A, §101(g) [title I], Oct. 21, 1998, 112 Stat. 2681–439, 2681–446.
Pub. L. 105–66, title I, Oct. 27, 1997, 111 Stat. 1431.
Pub. L. 104–205, title I, Sept. 30, 1996, 110 Stat. 2957.
Pub. L. 104–50, title I, Nov. 15, 1995, 109 Stat. 442.
Pub. L. 103–331, title I, Sept. 30, 1994, 108 Stat. 2476.
Pub. L. 103–122, title I, Oct. 27, 1993, 107 Stat. 1205.
Pub. L. 102–388, title I, Oct. 6, 1992, 106 Stat. 1527.
Pub. L. 102–143, title I, Oct. 28, 1991, 105 Stat. 924.
Pub. L. 101–516, title I, Nov. 5, 1990, 104 Stat. 2161.
Pub. L. 101–164, title I, Nov. 21, 1989, 103 Stat. 1076.
Pub. L. 100–457, title I, Sept. 30, 1988, 102 Stat. 2131.
Pub. L. 100–202, §101(l) [title I], Dec. 22, 1987, 101 Stat. 1329–358, 1329–363.
Pub. L. 99–500, §101(l) [H.R. 5205, title I], Oct. 18, 1986, 100 Stat. 1783–308, and Pub. L. 99–591, §101(l) [H.R. 5205, title I], Oct. 30, 1986, 100 Stat. 3341–308.
Pub. L. 99–190, §101(e) [title I], Dec. 19, 1985, 99 Stat. 1267, 1273.
Pub. L. 98–473, title I, §3101(i) [title I], Oct. 12, 1984, 98 Stat. 1944, 1950.
Pub. L. 98–78, title I, Aug. 15, 1983, 97 Stat. 458.
Pub. L. 98–63, title I, July 30, 1983, 97 Stat. 339.
§40114. Reports and records
(a)
(2) The Secretary (or the Administrator with respect to aviation safety duties and powers designated to be carried out by the Administrator) shall have all reports, orders, decisions, and regulations the Secretary or Administrator, as appropriate, issues or prescribes published in the form and way best adapted for public use. A publication of the Secretary or Administrator is competent evidence of its contents.
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1110.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40114(a)(1) | 49 App.:1324(d) (1st, 2d sentences). | Aug. 23, 1958, Pub. L. 85–726, §§204(d), 313(b), 1103, 72 Stat. 743, 753, 797. |
| 49 App.:1354(b) (1st, 2d sentences). | ||
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704. | |
| 49 App.:1655(c)(1). | Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444. | |
| 40114(a)(2) | 49 App.:1324(d) (3d, last sentences). | |
| 49 App.:1354(b) (3d, last sentences). | ||
| 49 App.:1551(b)(1)(E). | ||
| 49 App.:1655(c)(1). | ||
| 40114(b) | 49 App.:1503. | |
| 49 App.:1551(b)(1)(E). |
In subsection (a), the word “Administrator” in section 313(b) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 753) is retained on authority of 49:106(g).
In subsection (a)(1), the words “otherwise”, “requirement in the premises”, and “shall be entered of record” are omitted as surplus.
In subsection (a)(2), the word “rules” is omitted as being synonymous with “regulations”. The word “prescribes” is added for consistency in the revised title and with other titles of the United States Code. The words “under this chapter” and “information and” are omitted as surplus. The words “A publication of the Secretary or Administrator is competent evidence of its contents” is substituted for 49 App.:1324(d) (last sentence) to eliminate unnecessary words and for consistency.
In subsection (b), the words “otherwise”, “all contracts, agreements, understandings, and”, “annual or other”, “of air carriers and other persons”, and “preserved as” are omitted as surplus. The last sentence is substituted for 49 App.:1503 (words after 7th comma) to eliminate unnecessary words and for consistency.
§40115. Withholding information
(a)
(A) in a record filed under this part; or
(B) obtained under this part by the Secretary of Transportation or State or the United States Postal Service.
(2) An objection must be in writing and must state the reasons for the objection. The Secretary of Transportation or State or the Postal Service shall order the information withheld from public disclosure when the appropriate Secretary or the Postal Service decides that disclosure of the information would—
(A) prejudice the United States Government in preparing and presenting its position in international negotiations; or
(B) have an adverse effect on the competitive position of an air carrier in foreign air transportation.
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1111.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40115 | 49 App.:1504. | Aug. 23, 1958, Pub. L. 85–726, §1104, 72 Stat. 797; restated Oct. 24, 1978, Pub. L. 95–504, §39, 92 Stat. 1743; Feb. 15, 1980, Pub. L. 96–192, §19, 94 Stat. 43. |
In subsection (a)(1)(B), the words “the Secretary of Transportation or State or the United States Postal Service” are substituted for “the Board, the Secretary of State, or the Secretary of Transportation” because under 49 App.:1551 the duties of the Civil Aeronautics Board were transferred to the Secretary of Transportation and the Postal Service.
In subsection (a)(2), the words “shall order the information withheld from public disclosure when the appropriate Secretary or the Postal Service decides that disclosure of the information” are substituted for “shall be withheld from public disclosure by the Board, the Secretary of State or the Secretary of Transportation” for clarity and because of the restatement.
In subsection (b), the words “The Board, the Secretary of State, or the Secretary of Transportation, as the case may be, shall be responsible for classified information in accordance with appropriate law” are omitted as surplus.
§40116. State taxation
(a)
(b)
(1) an individual traveling in air commerce;
(2) the transportation of an individual traveling in air commerce;
(3) the sale of air transportation; or
(4) the gross receipts from that air commerce or transportation.
(c)
(d)
(A) “air carrier transportation property” means property (as defined by the Secretary of Transportation) that an air carrier providing air transportation owns or uses.
(B) “assessment” means valuation for a property tax levied by a taxing district.
(C) “assessment jurisdiction” means a geographical area in a State used in determining the assessed value of property for ad valorem taxation.
(D) “commercial and industrial property” means property (except transportation property and land used primarily for agriculture or timber growing) devoted to a commercial or industrial use and subject to a property tax levy.
(2)(A) A State, political subdivision of a State, or authority acting for a State or political subdivision may not do any of the following acts because those acts unreasonably burden and discriminate against interstate commerce:
(i) assess air carrier transportation property at a value that has a higher ratio to the true market value of the property than the ratio that the assessed value of other commercial and industrial property of the same type in the same assessment jurisdiction has to the true market value of the other commercial and industrial property.
(ii) levy or collect a tax on an assessment that may not be made under clause (i) of this subparagraph.
(iii) levy or collect an ad valorem property tax on air carrier transportation property at a tax rate greater than the tax rate applicable to commercial and industrial property in the same assessment jurisdiction.
(iv) levy or collect a tax, fee, or charge, first taking effect after August 23, 1994, exclusively upon any business located at a commercial service airport or operating as a permittee of such an airport other than a tax, fee, or charge wholly utilized for airport or aeronautical purposes.
(B) Subparagraph (A) of this paragraph does not apply to an in lieu tax completely used for airport and aeronautical purposes.
(e)
(1) taxes (except those taxes enumerated in subsection (b) of this section), including property taxes, net income taxes, franchise taxes, and sales or use taxes on the sale of goods or services; and
(2) reasonable rental charges, landing fees, and other service charges from aircraft operators for using airport facilities of an airport owned or operated by that State or subdivision.
(f)
(A) “pay” means money received by an employee for services.
(B) “State” means a State of the United States, the District of Columbia, and a territory or possession of the United States.
(C) an employee is deemed to have earned 50 percent of the employee's pay in a State or political subdivision of a State in which the scheduled flight time of the employee in the State or subdivision is more than 50 percent of the total scheduled flight time of the employee when employed during the calendar year.
(2) The pay of an employee of an air carrier having regularly assigned duties on aircraft in at least 2 States is subject to the income tax laws of only the following:
(A) the State or political subdivision of the State that is the residence of the employee.
(B) the State or political subdivision of the State in which the employee earns more than 50 percent of the pay received by the employee from the carrier.
(3) Compensation paid by an air carrier to an employee described in subsection (a) in connection with such employee's authorized leave or other authorized absence from regular duties on the carrier's aircraft in order to perform services on behalf of the employee's airline union shall be subject to the income tax laws of only the following:
(A) The State or political subdivision of the State that is the residence of the employee.
(B) The State or political subdivision of the State in which the employee's scheduled flight time would have been more than 50 percent of the employee's total scheduled flight time for the calendar year had the employee been engaged full time in the performance of regularly assigned duties on the carrier's aircraft.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1111; Pub. L. 103–305, title I, §112(e), title II, §208, Aug. 23, 1994, 108 Stat. 1576, 1588; Pub. L. 104–264, title I, §149(b), Oct. 9, 1996, 110 Stat. 3226; Pub. L. 104–287, §5(66), Oct. 11, 1996, 110 Stat. 3395.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40116(a) | 49 App.:1513(d)(2)(E). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1113(d); added Sept. 3, 1982, Pub. L. 97–248, §532(b), 96 Stat. 701. |
| 49 App.:1513(f) (words in parentheses). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1113(f); added Nov. 5, 1990, Pub. L. 101–508, §9125, 104 Stat. 1388–370. | |
| 40116(b) | 49 App.:1513(a). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1113(a); added June 18, 1973, Pub. L. 93–44, §7(a), 87 Stat. 90; Nov. 5, 1990, Pub. L. 101–508, §9110(1), 104 Stat. 1388–357. |
| 40116(c) | 49 App.:1513(f) (less words in parentheses). | |
| 40116(d) | 49 App.:1513(d)(1), (2)(A)–(D), (3). | |
| 40116(e) | 49 App.:1513(b). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1113(b); added June 18, 1973, Pub. L. 93–44, §7(a), 87 Stat. 90; Sept. 3, 1982, Pub. L. 97–248, §532(a), 96 Stat. 701. |
| 40116(f) (1)(A), (B) | 49 App.:1512(c). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1112; added Dec. 23, 1970, Pub. L. 91–569, §4(a), 84 Stat. 1502; restated Feb. 18, 1980, Pub. L. 96–193, §402, 94 Stat. 57. |
| 40116(f) (1)(C) | 49 App.:1512(b). | |
| 40116(f)(2) | 49 App.:1512(a). |
Subsection (a) is made applicable to subsections (b) and (e) of this section to avoid having to repeat the term being defined. In subsection (a), the words “Commonwealth of Puerto Rico, the Virgin Islands, Guam” are omitted as surplus because of the definition of “territory or possession of the United States” in section 40102(a) of the revised title. The word “authority” is substituted for “agencies” for consistency in the revised title and with other titles of the United States Code.
In subsection (b), before clause (1), reference to 49 App.:1513(f), restated as subsection (c) of this section, is added for clarity. The words “directly or indirectly” are omitted as surplus. The text of 49 App.:1513(a) (words after “subsection (e) and”) is omitted as surplus.
In subsections (d)(2)(A), before clause (i), and (f)(1)(C) and (2), the word “political” is added for consistency in the revised title and with other titles of the Code.
In subsection (f)(1)(A), the word “pay” is substituted for “compensation” for consistency in the revised title and with chapter 55 of title 5, United States Code. The words “rendered by the employee in the performance of his duties and shall include wages and salary” are omitted as surplus.
In subsection (f)(1)(B), the words “means a State of the United States” are substituted for “also means” for clarity.
In subsection (f)(1)(C), the words “of a State” are added for clarity.
In subsection (f)(2), before clause (A), the words “as such an employee” are omitted as surplus.
Pub. L. 104–287
This amends 49:40116(d)(2)(A)(iv) to conform to the style of title 49 and to set out the effective date for this clause.
Amendments
1996—Subsec. (b). Pub. L. 104–264, in introductory provisions, substituted “a State, a” for “a State or” and inserted “, and any person that has purchased or leased an airport under section 47134 of this title” after “of a State”.
Subsec. (d)(2)(A)(iv). Pub. L. 104–287, which directed substitution of “August 23, 1994” for “the date of enactment of this clause”, was executed by making the substitution for “the date of the enactment of this clause” to reflect the probable intent of Congress.
Pub. L. 104–287 substituted “levy” for “Levy”.
1994—Subsec. (d)(2)(A)(iv). Pub. L. 103–305, §112(e), added cl. (iv).
Subsec. (f)(3). Pub. L. 103–305, §208, added par. (3).
Effective Date of 1996 Amendment
Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title.
§40117. Passenger facility fees
(a)
(1)
(2)
(3)
(A) A project for airport development or airport planning under subchapter I of chapter 471.
(B) A project for terminal development described in section 47110(d).
(C) A project for costs of terminal development referred to in subparagraph (B) incurred after August 1, 1986, at an airport that did not have more than .25 percent of the total annual passenger boardings in the United States in the most recent calendar year for which data is available and at which total passenger boardings declined by at least 16 percent between calendar year 1989 and calendar year 1997.
(D) A project for airport noise capability planning under section 47505.
(E) A project to carry out noise compatibility measures eligible for assistance under section 47504, whether or not a program for those measures has been approved under section 47504.
(F) A project for constructing gates and related areas at which passengers board or exit aircraft. In the case of a project required to enable additional air service by an air carrier with less than 50 percent of the annual passenger boardings at an airport, the project for constructing gates and related areas may include structural foundations and floor systems, exterior building walls and load-bearing interior columns or walls, windows, door and roof systems, building utilities (including heating, air conditioning, ventilation, plumbing, and electrical service), and aircraft fueling facilities adjacent to the gate.
(G) A project for converting vehicles and ground support equipment used at a commercial service airport to low-emission technology (as defined in section 47102) or to use cleaner burning conventional fuels, retrofitting of any such vehicles or equipment that are powered by a diesel or gasoline engine with emission control technologies certified or verified by the Environmental Protection Agency to reduce emissions, or acquiring for use at a commercial service airport vehicles and ground support equipment that include low-emission technology or use cleaner burning fuels if the airport is located in an air quality nonattainment area (as defined in section 171(2) of the Clean Air Act (42 U.S.C. 7501(2))) or a maintenance area referred to in section 175A of such Act (42 U.S.C. 7505a) and if such project will result in an airport receiving appropriate emission credits as described in section 47139.
(4)
(5)
(6)
(b)
(2) A State, political subdivision of a State, or authority of a State or political subdivision that is not the eligible agency may not regulate or prohibit the imposition or collection of a passenger facility fee or the use of the passenger facility revenue.
(3) A passenger facility fee may be imposed on a passenger of an air carrier or foreign air carrier originating or connecting at the commercial service airport that the agency controls.
(4) In lieu of authorizing a fee under paragraph (1), the Secretary may authorize under this section an eligible agency to impose a passenger facility fee of $4.00 or $4.50 on each paying passenger of an air carrier or foreign air carrier boarding an aircraft at an airport the agency controls to finance an eligible airport-related project, including making payments for debt service on indebtedness incurred to carry out the project, if the Secretary finds—
(A) in the case of an airport that has more than .25 percent of the total number of annual boardings in the United States, that the project will make a significant contribution to improving air safety and security, increasing competition among air carriers, reducing current or anticipated congestion, or reducing the impact of aviation noise on people living near the airport; and
(B) that the project cannot be paid for from funds reasonably expected to be available for the programs referred to in section 48103.
(5)
(6)
(c)
(2) Before submitting an application, the eligible agency must provide reasonable notice to, and an opportunity for consultation with, air carriers and foreign air carriers operating at the airport. The Secretary shall prescribe regulations that define reasonable notice and contain at least the following requirements:
(A) The agency must provide written notice of individual projects being considered for financing by a passenger facility fee and the date and location of a meeting to present the projects to air carriers and foreign air carriers operating at the airport.
(B) Not later than 30 days after written notice is provided under subparagraph (A) of this paragraph, each air carrier and foreign air carrier operating at the airport must provide to the agency written notice of receipt of the notice. Failure of a carrier to provide the notice may be deemed certification of agreement with the project by the carrier under subparagraph (D) of this paragraph.
(C) Not later than 45 days after written notice is provided under subparagraph (A) of this paragraph, the agency must conduct a meeting to provide air carriers and foreign air carriers with descriptions of projects and justifications and a detailed financial plan for projects.
(D) Not later than 30 days after the meeting, each air carrier and foreign air carrier must provide to the agency certification of agreement or disagreement with projects (or total plan for the projects). Failure to provide the certification is deemed certification of agreement with the project by the carrier. A certification of disagreement is void if it does not contain the reasons for the disagreement.
(E) The agency must include in its application or notice submitted under subparagraph (A) copies of all certifications of agreement or disagreement received under subparagraph (D).
(F) For the purpose of this section, an eligible agency providing notice and an opportunity for consultation to an air carrier or foreign air carrier is deemed to have satisfied the requirements of this paragraph if the eligible agency limits such notices and consultations to air carriers and foreign air carriers that have a significant business interest at the airport. In the subparagraph, the term “significant business interest” means an air carrier or foreign air carrier that had no less than 1.0 percent of passenger boardings at the airport in the prior calendar year, had at least 25,000 passenger boardings at the airport in the prior calendar year, or provides scheduled service at the airport.
(3) Before submitting an application, the eligible agency must provide reasonable notice and an opportunity for public comment. The Secretary shall prescribe regulations that define reasonable notice and provide for at least the following under this paragraph:
(A) A requirement that the eligible agency provide public notice of intent to collect a passenger facility fee so as to inform those interested persons and agencies that may be affected. The public notice may include—
(i) publication in local newspapers of general circulation;
(ii) publication in other local media; and
(iii) posting the notice on the agency's Internet website.
(B) A requirement for submission of public comments no sooner than 30 days, and no later than 45 days, after the date of the publication of the notice.
(C) A requirement that the agency include in its application or notice submitted under subparagraph (A) copies of all comments received under subparagraph (B).
(4) After receiving an application, the Secretary may provide notice and an opportunity to air carriers, foreign air carriers, and other interested persons to comment on the application. The Secretary shall make a final decision on the application not later than 120 days after receiving it.
(d)
(1) the amount and duration of the proposed passenger facility fee will result in revenue (including interest and other returns on the revenue) that is not more than the amount necessary to finance the specific project;
(2) each project is an eligible airport-related project that will—
(A) preserve or enhance capacity, safety, or security of the national air transportation system;
(B) reduce noise resulting from an airport that is part of the system; or
(C) provide an opportunity for enhanced competition between or among air carriers and foreign air carriers;
(3) the application includes adequate justification for each of the specific projects; and
(4) in the case of an application to impose a fee of more than $3.00 for an eligible surface transportation or terminal project, the agency has made adequate provision for financing the airside needs of the airport, including runways, taxiways, aprons, and aircraft gates.
(e)
(A) if the Secretary approves an application that the agency has submitted under subsection (c) of this section; and
(B) subject to terms the Secretary may prescribe to carry out the objectives of this section.
(2) A passenger facility fee may not be collected from a passenger—
(A) for more than 2 boardings on a one-way trip or a trip in each direction of a round trip;
(B) for the boarding to an eligible place under subchapter II of chapter 417 of this title for which essential air service compensation is paid under subchapter II;
(C) enplaning at an airport if the passenger did not pay for the air transportation which resulted in such enplanement, including any case in which the passenger obtained the ticket for the air transportation with a frequent flier award coupon without monetary payment;
(D) on flights, including flight segments, between 2 or more points in Hawaii;
(E) in Alaska aboard an aircraft having a seating capacity of less than 60 passengers; and
(F) enplaning at an airport if the passenger did not pay for the air transportation which resulted in such enplanement due to charter arrangements and payment by the Department of Defense.
(f)
(2) A project financed with a passenger facility fee may not be subject to an exclusive long-term lease or use agreement of an air carrier or foreign air carrier, as defined by regulations of the Secretary.
(3) A lease or use agreement of an air carrier or foreign air carrier related to a project whose construction or expansion was financed with a passenger facility fee may not restrict the eligible agency from financing, developing, or assigning new capacity at the airport with passenger facility revenue.
(g)
(2) An eligible agency may not include in its price base the part of the capital costs of a project paid for by using passenger facility revenue to establish a price under a contract between the agency and an air carrier or foreign air carrier.
(3) For a project for terminal development, gates and related areas, or a facility occupied or used by at least one air carrier or foreign air carrier on an exclusive or preferential basis, a price payable by an air carrier or foreign air carrier using the facilities must at least equal the price paid by an air carrier or foreign air carrier using a similar facility at the airport that was not financed with passenger facility revenue.
(4) Passenger facility revenues that are held by an air carrier or an agent of the carrier after collection of a passenger facility fee constitute a trust fund that is held by the air carrier or agent for the beneficial interest of the eligible agency imposing the fee. Such carrier or agent holds neither legal nor equitable interest in the passenger facility revenues except for any handling fee or retention of interest collected on unremitted proceeds as may be allowed by the Secretary.
(h)
(2) The Secretary periodically shall audit and review the use by an eligible agency of passenger facility revenue. After review and a public hearing, the Secretary may end any part of the authority of the agency to impose a passenger facility fee to the extent the Secretary decides that the revenue is not being used as provided in this section.
(3) The Secretary may set off amounts necessary to ensure compliance with this section against amounts otherwise payable to an eligible agency under subchapter I of chapter 471 of this title if the Secretary decides a passenger facility fee is excessive or that passenger facility revenue is not being used as provided in this section.
(i)
(1) may prescribe the time and form by which a passenger facility fee takes effect;
(2) shall—
(A) require an air carrier or foreign air carrier and its agent to collect a passenger facility fee that an eligible agency imposes under this section;
(B) establish procedures for handling and remitting money collected;
(C) ensure that the money, less a uniform amount the Secretary determines reflects the average necessary and reasonable expenses (net of interest accruing to the carrier and agent after collection and before remittance) incurred in collecting and handling the fee, is paid promptly to the eligible agency for which they are collected; and
(D) require that the amount collected for any air transportation be noted on the ticket for that air transportation; and
(3) may permit an eligible agency to request that collection of a passenger facility fee be waived for—
(A) passengers enplaned by any class of air carrier or foreign air carrier if the number of passengers enplaned by the carriers in the class constitutes not more than one percent of the total number of passengers enplaned annually at the airport at which the fee is imposed; or
(B) passengers enplaned on a flight to an airport—
(i) that has fewer than 2,500 passenger boardings each year and receives scheduled passenger service; or
(ii) in a community which has a population of less than 10,000 and is not connected by a land highway or vehicular way to the land-connected National Highway System within a State.
(j)
(k)
(1)
(2)
(l)
(1)
(2)
(3)
(A) information that the Secretary may require by regulation on each project for which authority to impose a passenger facility fee is sought;
(B) the amount of revenue from passenger facility fees that is proposed to be collected for each project; and
(C) the level of the passenger facility fee that is proposed.
(4)
(5)
(6)
(7)
(8)
(m)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1113; Pub. L. 103–305, title II, §§203, 204(a)(1), (b), Aug. 23, 1994, 108 Stat. 1582, 1583; Pub. L. 104–264, title I, §142(b)(2), title XII, §1202, Oct. 9, 1996, 110 Stat. 3221, 3280; Pub. L. 104–287, §5(67), Oct. 11, 1996, 110 Stat. 3395; Pub. L. 106–181, title I, §§105(a), (b), 135(a), (b), 151, 152(a), 155(c), Apr. 5, 2000, 114 Stat. 71, 83, 86–88; Pub. L. 108–176, title I, §§121(a)–(c), 122–123(d), 124, Dec. 12, 2003, 117 Stat. 2499–2502.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40117(a)(1) | 49 App.:1513(e) (15)(A), (B), (D). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1113(e)(1)–(3), (5)–(15); added Nov. 5, 1990, Pub. L. 101–508, §9110(2), 104 Stat. 1388–357. |
| 40117(a)(2) | (no source). | |
| 40117(a)(3) | 49 App.:1513(e) (15)(C). | |
| 40117(a)(4), (5) | (no source). | |
| 40117(b)(1) | 49 App.:1513(e)(1). | |
| 40117(b)(2) | 49 App.:1513(e)(8) (1st sentence). | |
| 40117(b)(3) | 49 App.:1513(e)(6) (1st sentence). | |
| 40117(c)(1), (2) | 49 App.:1513(e) (11)(A)–(C). | |
| 40117(c)(3) | 49 App.:1513(e) (11)(D), (E) (last sentence). | |
| 40117(d) | 49 App.:1513(e)(2), (5). | |
| 40117(e) (1)(A) | 49 App.:1513(e) (11)(E) (1st sentence). | |
| 40117(e) (1)(B) | 49 App.:1513(e)(13). | |
| 40117(e) (2)(A) | 49 App.:1513(e)(6) (last sentence). | |
| 40117(e) (2)(B) | 49 App.:1513(e)(3). | |
| 40117(e) (2)(C) | 49 App.:1513(e)(4). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1113(e)(4); added Nov. 5, 1990, Pub. L. 101–508, §9110(2), 104 Stat. 1388–357; Oct. 31, 1992, Pub. L. 102–581, §105, 106 Stat. 4877. |
| 40117(f)(1) | 49 App.:1513(e)(8) (last sentence). | |
| 40117(f)(2), (3) | 49 App.:1513(e)(9). | |
| 40117(g) | 49 App.:1513(e)(7). | |
| 40117(h) | 49 App.:1513(e)(12). | |
| 40117(i) | 49 App.:1513(e)(10), (14). |
In subsection (a), before clause (1), the text of 49 App.:1513(e)(15)(A) is omitted for clarity and because the terms “air carrier” and “foreign air carrier” are used the first time they appear in each subsection. The text of 49 App.:1513(e)(15)(D) is omitted because the complete name of the Secretary of Transportation is used the first time the term appears in this section. Clauses (2), (4), and (5) are added to avoid repeating the source provisions throughout this section. In clause (3)(D), the words “without regard to” are omitted as surplus.
In subsection (b)(1), the words “bonds and other” are omitted as surplus.
In subsection (b)(2), the word “limit” is omitted as being included in “regulate”.
In subsection (d), before clause (1), the text of 49 App.:1513(e)(5) is omitted as executed. The words “approve an application that an eligible agency has submitted under subsection (c) of this section” are substituted for “grant a public agency which controls a commercial service airport authority to impose a fee under this subsection” for clarity.
In subsection (e)(1)(B), the words “and conditions” are omitted as being included in “terms”.
Subsection (e)(2)(A) is substituted for 49 App.:1513(e)(6) (last sentence) to eliminate unnecessary words.
In subsection (e)(2)(B), the words “a public agency which controls any other airport”, “If a passenger of an air carrier is being provided air service”, and “with respect to such air service” are omitted as surplus.
In subsection (f)(3), the words “financed with” are substituted for “carried out through the use of” for consistency in this section and to eliminate unnecessary words.
In subsection (g), the word “price” is substituted for “rate, fee, or charge” and “rates, fees, and charges” to eliminate unnecessary words.
In subsection (g)(2), the words “Except as provided by subparagraph (C)” and “by means of depreciation, amortization, or any other method” are omitted as surplus.
In subsection (h)(1), the word “agent” is substituted for “agency” to correct an error in the source provisions.
In subsection (i), before clause (1), the words “Not later than May 4, 1991” are omitted as obsolete.
Pub. L. 104–287
This repeals 49:40117(e)(2)(C) to eliminate an executed provision and makes conforming amendments.
References in Text
The date of the enactment of this subsection, referred to in subsec. (k)(1), is the date of enactment of Pub. L. 106–181, which was approved Apr. 5, 2000.
The date of enactment of this subsection, referred to in subsecs. (l)(6) and (m)(7), is the date of enactment of Pub. L. 108–176, which was approved Dec. 12, 2003.
Regulations to carry out this subsection, referred to in subsec. (l)(7), were issued effective May 9, 2005, see 70 F.R. 14928.
Amendments
2003—Subsec. (a)(3)(C). Pub. L. 108–176, §123(d), substituted “A project for costs” for “for costs” and a period for the semicolon at end.
Subsec. (a)(3)(G). Pub. L. 108–176, §121(a), added subpar. (G).
Subsec. (a)(4) to (6). Pub. L. 108–176, §121(c), added par. (4) and redesignated former pars. (4) and (5) as (5) and (6), respectively.
Subsec. (b)(5). Pub. L. 108–176, §121(b), added par. (5).
Subsec. (b)(6). Pub. L. 108–176, §122, added par. (6).
Subsec. (c)(2)(E), (F). Pub. L. 108–176, §123(a)(1), added subpars. (E) and (F).
Subsec. (c)(3), (4). Pub. L. 108–176, §123(a)(2)–(4), added par. (3), redesignated former par. (3) as (4), and substituted “may” for “shall” in first sentence of par. (4).
Subsec. (e)(2)(C). Pub. L. 108–176, §123(c)(1), substituted a semicolon for period at end.
Subsec. (e)(2)(F). Pub. L. 108–176, §123(c)(2)–(4), added subpar. (F).
Subsec. (l). Pub. L. 108–176, §123(b), added subsec. (l).
Subsec. (m). Pub. L. 108–176, §124, added subsec. (m).
2000—Subsec. (a). Pub. L. 106–181, §151, amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: “In this section—
“(1) ‘airport’, ‘commercial service airport’, and ‘public agency’ have the same meanings given those terms in section 47102 of this title.
“(2) ‘eligible agency’ means a public agency that controls a commercial service airport.
“(3) ‘eligible airport-related project’ means a project—
“(A) for airport development or airport planning under subchapter I of chapter 471 of this title;
“(B) for terminal development described in section 47110(d) of this title;
“(C) for airport noise capability planning under section 47505 of this title;
“(D) to carry out noise compatibility measures eligible for assistance under section 47504 of this title, whether or not a program for those measures has been approved under section 47504; and
“(E) for constructing gates and related areas at which passengers board or exit aircraft.
“(4) ‘passenger facility fee’ means a fee imposed under this section.
“(5) ‘passenger facility revenue’ means revenue derived from a passenger facility fee.”
Subsec. (a)(3)(C) to (F). Pub. L. 106–181, §152(a), added subpar. (C) and redesignated former subpars. (C) to (E) as (D) to (F), respectively.
Subsec. (b)(4). Pub. L. 106–181, §105(a), added par. (4).
Subsec. (d)(4). Pub. L. 106–181, §105(b), added par. (4).
Subsec. (e)(2)(D), (E). Pub. L. 106–181, §135(a), added subpars. (D) and (E).
Subsec. (i)(3). Pub. L. 106–181, §135(b)(1)–(3), added par. (3).
Subsec. (j). Pub. L. 106–181, §135(b)(4), added subsec. (j).
Subsec. (k). Pub. L. 106–181, §155(c), added subsec. (k).
1996—Subsec. (a)(3)(D) to (F). Pub. L. 104–264, §142(b)(2), inserted “and” at end of subpar. (D), substituted a period for “; and” at end of subpar. (E), and struck out subpar. (F) which read as follows: “in addition to projects eligible under subparagraph (A), the construction, reconstruction, repair, or improvement of areas of an airport used for the operation of aircraft or actions to mitigate the environmental effects of such construction, reconstruction, repair, or improvement when the construction, reconstruction, repair, improvement, or action is necessary for compliance with the responsibilities of the operator or owner of the airport under the Americans with Disabilities Act of 1990, the Clean Air Act, or the Federal Water Pollution Control Act with respect to the airport.”
Subsec. (e)(2)(B) to (D). Pub. L. 104–287 inserted “and” at end of subpar. (B), redesignated subpar. (D) as (C), and struck out former subpar. (C) which read as follows: “for a project the Secretary does not approve under this section before October 1, 1993, if, during the fiscal year ending September 30, 1993, the amount available for obligation under subchapter II of chapter 417 of this title is less than $38,600,000, except that this clause—
“(i) does not apply if the amount available for obligation under subchapter II of chapter 417 of this title is less than $38,600,000 because of sequestration or other general appropriations reductions applied proportionately to appropriations accounts throughout an appropriation law; and
“(ii) does not affect the authority of the Secretary to approve the imposition of a fee or the use of revenues, derived from a fee imposed under an approval made under this section, by a public agency that has received an approval to impose a fee under this section before September 30, 1993, regardless of whether the fee is being imposed on September 30, 1993; and”.
Subsec. (g)(4). Pub. L. 104–264, §1202, added par. (4).
1994—Subsec. (a)(3)(F). Pub. L. 103–305, §203, added subpar. (F).
Subsec. (d)(3). Pub. L. 103–305, §204(b), added par. (3).
Subsec. (e)(2)(D). Pub. L. 103–305, §204(a)(1), added subpar. (D).
Effective Date of 2003 Amendment
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
Effective Date of 1996 Amendment
Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title.
Guidance
Pub. L. 108–176, title I, §121(d), Dec. 12, 2003, 117 Stat. 2500, provided that: “The Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall issue guidance determining eligibility of projects, and how benefits to air quality must be demonstrated, under the amendments made by this section [amending this section].”
Eligibility of Airport Ground Access Transportation Projects
Pub. L. 108–176, title I, §123(e), Dec. 12, 2003, 117 Stat. 2502, provided that: “Not later than 60 days after the enactment of this Act [Dec. 12, 2003], the Administrator of the Federal Aviation Administration shall publish in the Federal Register the current policy of the Administration, consistent with current law, with respect to the eligibility of airport ground access transportation projects for the use of passenger facility fees under section 40117 of title 49, United States Code.”
Competition Plans
Pub. L. 106–181, title I, §155(a), Apr. 5, 2000, 114 Stat. 88, provided that: “The Congress makes the following findings:
“(1) Major airports must be available on a reasonable basis to all air carriers wishing to serve those airports.
“(2) 15 large hub airports today are each dominated by one air carrier, with each such carrier controlling more than 50 percent of the traffic at the hub.
“(3) The General Accounting Office [now Government Accountability Office] has found that such levels of concentration lead to higher air fares.
“(4) The United States Government must take every step necessary to reduce those levels of concentration.
“(5) Consistent with air safety, spending at these airports must be directed at providing opportunities for carriers wishing to serve such facilities on a commercially viable basis.”
Limitation on Statutory Construction of Subsection (e)(2)(D)
Section 204(a)(2) of Pub. L. 103–305 provided that: “The amendment made by paragraph (1) [amending this section] shall not be construed as requiring any person to refund any fee paid before the date of the enactment of this Act [Aug. 23, 1994].”
§40118. Government-financed air transportation
(a)
(1) the department, agency, or instrumentality—
(A) obtains the transportation for itself or in carrying out an arrangement under which payment is made by the Government or payment is made from amounts provided for the use of the Government; or
(B) provides the transportation to or for a foreign country or international or other organization without reimbursement;
(2) the transportation is authorized by the certificate or by regulation or exemption of the Secretary of Transportation; and
(3) the air carrier is—
(A) available, if the transportation is between a place in the United States and a place outside the United States; or
(B) reasonably available, if the transportation is between 2 places outside the United States.
(b)
(1) is consistent with the goals for international aviation policy of section 40101(e) of this title; and
(2) provides for the exchange of rights or benefits of similar magnitude.
(c)
(d)
(e)
(f)
(2) In paragraph (1), the term “commercial item” has the meaning given such term in section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)), except that it shall not include a contract for the transportation by air of passengers.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1116; Pub. L. 103–355, title VIII, §8301(h), Oct. 13, 1994, 108 Stat. 3398; Pub. L. 104–287, §5(68), Oct. 11, 1996, 110 Stat. 3395; Pub. L. 104–316, title I, §127(d), Oct. 19, 1996, 110 Stat. 3840; Pub. L. 105–277, div. G, subdiv. A, title XII, §1225(h), title XIII, §1335(p), title XIV, §1422(b)(6), Oct. 21, 1998, 112 Stat. 2681–775, 2681–789, 2681–793; Pub. L. 108–176, title VIII, §806, Dec. 12, 2003, 117 Stat. 2588.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40118(a) | 49 App.:1517(a), (b). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1117; added Jan. 3, 1975, Pub. L. 93–623, §5(a), 88 Stat. 2104; restated Feb. 15, 1980, Pub. L. 96–192, §21, 94 Stat. 43. |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704. | |
| 40118(b) | 49 App.:1517(c). | |
| 40118(c) | 49 App.:1517(d) (1st sentence). | |
| 40118(d) | 49 App.:1518. | Oct. 7, 1978, Pub. L. 95–426, §706, 92 Stat. 992. |
| 40118(e) | 49 App.:1517(d) (last sentence). |
In this section, the word “passengers” is substituted for “persons” for consistency in the revised title. The words “(and their personal effects)” are omitted as being included in “property”.
In subsection (a), before clause (1), the words “Except as provided in subsection (c) of this section” are omitted as surplus. The words “department, agency, or instrumentality” are substituted for “agency” for consistency in the revised title and with other titles of the United States Code. The words “or agencies” are omitted because of 1:1. In clause (1), before subclause (A), the words “executive” and “other” are omitted as surplus. In subclause (A), the words “procure, contract for, or otherwise” are omitted as surplus. The words “for itself or in carrying out an arrangement under which payment is made by the Government or payment is made from amounts provided for the use of the Government” are substituted for “in furtherance of the purposes or pursuant to the terms of any contract, agreement, or other special arrangement made or entered into under which payment is made by the United States or payment is made from funds appropriated, owned, controlled, granted, or conditionally granted or utilized by or otherwise” for clarity and to eliminate unnecessary words. In subclause (B), the word “country” is substituted for “nation” for consistency in the revised title and with other titles of the Code. The words “international or other organization” are substituted for “international agency, or other organization, of whatever nationality” to eliminate unnecessary words. The words “provisions for” are omitted as surplus.
In subsection (b), before clause (1), the words “government of a foreign country” are substituted for “foreign government” for consistency in the revised title and with other titles of the Code. The words “or governments” are omitted because of 1:1.
In subsection (c), the words “for payment for personnel or cargo transportation” are omitted as surplus.
In subsection (d), the words “the limitations established by” are omitted as surplus. The words “after October 7, 1978” are omitted as executed. The words “Secretary of State” are substituted for “Department of State” because of 22:2651. The words “Director of the United States Information Agency” are substituted for “International Communication Agency” in section 706 of the Act of October 7, 1978 (Public Law 95–426, 92 Stat. 992), because of section 2 of Reorganization Plan No. 2 of 1977 (eff. July 1, 1978, 91 Stat. 1636) and section 303(b) of the United States Information Agency Authorization Act, Fiscals Year 1982 and 1983 (Public Law 97–241, 96 Stat. 291). The words “Director of the United States International Development Cooperation Agency” are substituted for “Agency for International Development (or any successor agency)” in section 706 because of section 6(a)(3) of Reorganization Plan No. 2 of 1979 (eff. October 1, 1979, 93 Stat. 1379). The words “a foreign air carrier” are substituted for “air carriers which do not hold certificates under section 1371 of this Appendix” for clarity. See H. Conf. Rept. No. 95–1535, 95th Cong., 2d Sess., p. 45 (1978).
In subsection (e), the word “affect” is substituted for “prevent” for clarity. The words “to such traffic” are omitted as surplus.
Pub. L. 104–287, §5(68)(A)
This amends the catchline for 49:40118(d) to make a clarifying amendment.
Pub. L. 104–287, §5(68)(B)
This amends 49:40118(f)(1) to make a clarifying amendment.
Amendments
2003—Subsec. (f)(2). Pub. L. 108–176 inserted “, except that it shall not include a contract for the transportation by air of passengers” before period at end.
1998—Subsec. (d). Pub. L. 105–277, §1422(b)(6), substituted “or the Administrator of the Agency for International Development” for “the Director of the United States International Development Cooperation Agency”.
Pub. L. 105–277, §1335(p), struck out “, the Director of the United States Information Agency,” after “Secretary of State”.
Pub. L. 105–277, §1225(h), struck out “, or the Director of the Arms Control and Disarmament Agency” before “may be used to pay”.
1996—Subsec. (c). Pub. L. 104–316 substituted “Administrator of General Services shall prescribe regulations under which agencies may” for “Comptroller General shall”.
Subsec. (d). Pub. L. 104–287, §5(68)(A), substituted “
Subsec. (f). Pub. L. 104–287, §5(68)(B), inserted heading.
1994—Subsec. (f). Pub. L. 103–355 added subsec. (f).
Effective Date of 2003 Amendment
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
Effective Date of 1998 Amendment
Amendment by section 1225(h) of Pub. L. 105–277 effective on earlier of Apr. 1, 1999, or date of abolition of the United States Arms Control and Disarmament Agency pursuant to reorganization plan described in section 6601 of Title 22, Foreign Relations and Intercourse, see section 1201 of Pub. L. 105–277, set out as an Effective Date note under section 6511 of Title 22.
Amendment by section 1335(p) of Pub. L. 105–277 effective on earlier of Oct. 1, 1999, or date of abolition of the United States Information Agency pursuant to reorganization plan described in section 6601 of Title 22, Foreign Relations and Intercourse, see section 1301 of Pub. L. 105–277, set out as an Effective Date note under section 6531 of Title 22.
Amendment by section 1422(b)(6) of Pub. L. 105–277 effective on earlier of Apr. 1, 1999, or date of abolition of the United States International Development Cooperation Agency pursuant to reorganization plan described in section 6601 of Title 22, Foreign Relations and Intercourse, see section 1401 of Pub. L. 105–277, set out as an Effective Date note under section 6561 of Title 22.
Effective Date of 1994 Amendment
For effective date and applicability of amendment by Pub. L. 103–355, see section 10001 of Pub. L. 103–355, set out as a note under section 251 of Title 41, Public Contracts.
§40119. Security and research and development activities
(a)
(b)
(A) be an unwarranted invasion of personal privacy;
(B) reveal a trade secret or privileged or confidential commercial or financial information; or
(C) be detrimental to transportation safety.
(2) Paragraph (1) of this subsection does not authorize information to be withheld from a committee of Congress authorized to have the information.
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1117; Pub. L. 107–71, title I, §101(e), Nov. 19, 2001, 115 Stat. 603; Pub. L. 107–296, title XVI, §1601(a), Nov. 25, 2002, 116 Stat. 2312.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40119(a) | 49 App.:1357(d)(1). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §316(d)(1), (e)(1); added Aug. 5, 1974, Pub. L. 93–366, §202, 88 Stat. 417. |
| 40119(b) | 49 App.:1357(d)(2). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §316(d)(2); added Aug. 5, 1974, Pub. L. 93–366, §202, 88 Stat. 417; Nov. 5, 1990, Pub. L. 101–508, §9121, 104 Stat. 1388–370. |
| 40119(c) | 49 App.:1357(e)(1). |
In this section, the word “Administrator” in section 316(d) and (e) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 731) is retained on authority of 49:106(g).
In subsection (a), the words “as he may deem” and “aboard aircraft in air transportation or intrastate air transportation” are omitted as surplus.
In subsection (b)(1), before clause (A), the words “relating to freedom of information”, “as he may deem necessary”, and “in the conduct of research and development activities” are omitted as surplus. In clause (A), the words “(including, but not limited to, information contained in any personnel, medical, or similar file)” are omitted as surplus. In clause (B), the words “obtained from any person” are omitted as surplus. In clause (C), the word “traveling” is omitted as surplus.
In subsection (b)(2), the word “duly” is omitted as surplus. The words “to have the information” are added for clarity.
Amendments
2002—Subsec. (a). Pub. L. 107–296, §1601(a)(1), inserted “and the Administrator of the Federal Aviation Administration each” after “for Security” and substituted “criminal violence, aircraft piracy, and terrorism and to ensure security” for “criminal violence and aircraft piracy”.
Subsec. (b)(1). Pub. L. 107–296, §1601(a)(2)(A), (B), in introductory provisions, substituted “and the establishment of a Department of Homeland Security, the Secretary of Transportation” for “, the Under Secretary” and “ensuring security under this title if the Secretary of Transportation” for “carrying out security or research and development activities under section 44501(a) or (c), 44502(a)(1) or (3), (b), or (c), 44504, 44505, 44507, 44508, 44511, 44512, 44513, 44901, 44903(a), (b), (c), or (e), 44905, 44912, 44935, 44936, or 44938(a) or (b) of this title if the Under Secretary”.
Subsec. (b)(1)(C). Pub. L. 107–296, §1601(a)(2)(C), substituted “transportation safety” for “the safety of passengers in transportation”.
2001—Subsec. (a). Pub. L. 107–71, §101(e)(1), substituted “Under Secretary of Transportation for Security” for “Administrator of the Federal Aviation Administration”.
Subsec. (b). Pub. L. 107–71, §101(e)(2), substituted “Under Secretary” for “Administrator” in two places in introductory provisions.
Subsec. (b)(1)(C). Pub. L. 107–71, §101(e)(3), struck out “air” before “transportation”.
Subsec. (c). Pub. L. 107–71, §101(e)(2), substituted “Under Secretary” for “Administrator”.
Effective Date of 2002 Amendment
Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including the functions of the Secretary of Transportation, and of the Under Secretary of Transportation for Security, relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
§40120. Relationship to other laws
(a)
(b)
(1) an international arrangement gives the United States Government authority to make the extension; and
(2) the President decides the extension is in the national interest.
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1117.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40120(a) | 49 App.:1509(a). | Aug. 23, 1958, Pub. L. 85–726, §§1106, 1109(a), 1110, 72 Stat. 798, 799, 800. |
| 40120(b) | 49 App.:1510. | |
| 40120(c) | 49 App.:1506. |
In subsection (a), the words “International Navigational Rules Act of 1977 (33 U.S.C. 1601 et seq.)” are substituted for “sections 143 to 147d of title 33” because those sections were repealed by section 3 of the Act of September 24, 1963 (Public Law 88–131, 77 Stat. 194), and replaced by 33:ch. 21. Chapter 21 was repealed by section 10 of the International Navigational Rules Act of 1977 (Public Law 95–75, 91 Stat. 311) and replaced by 33:1601–1608. The words “including any definition of ‘vessel’ or ‘vehicle’ found therein” and “be construed to” are omitted as surplus.
In subsection (b), before clause (1), the words “to the extent”, “of time”, and “any areas of land or water” are omitted as surplus. The words “and the overlying airspace thereof” are omitted as being included in “outside the United States”. In clause (1), the words “treaty, agreement or other lawful” and “necessary legal” are omitted as surplus.
Subsection (c) is substituted for 49 App.:1506 to eliminate unnecessary words and for clarity and consistency in the revised title and with other titles of the United States Code.
References in Text
The International Navigational Rules Act of 1977, referred to in subsec. (a), is Pub. L. 95–75, July 27, 1977, 91 Stat. 308, as amended, which is classified principally to chapter 30 (§1601 et seq.) of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 33 and Tables.
Ex. Ord. No. 10854. Extension of Application
Ex. Ord. No. 10854, Nov. 27, 1959, 24 F.R. 9565, as amended by Ex. Ord. No. 11382, Nov. 28, 1967, 32 F.R. 16247, provided:
The application of the Federal Aviation Act of 1958 (72 Stat. 731; 49 U.S.C.A. §1301 et seq. [see 49 U.S.C. 40101 et seq.]), to the extent necessary to permit the Secretary of Transportation to accomplish the purposes and objectives of Titles III [former 49 U.S.C. 1341 et seq., see Disposition Table at beginning of this title] and XII [see 49 U.S.C. 40103(b)(3), 46307] thereof, is hereby extended to those areas of land or water outside the United States and the overlying airspace thereof over or in which the Federal Government of the United States, under international treaty, agreement or other lawful arrangement, has appropriate jurisdiction or control: Provided, That the Secretary of Transportation, prior to taking any action under the authority hereby conferred, shall first consult with the Secretary of State on matters affecting foreign relations, and with the Secretary of Defense on matters affecting national-defense interests, and shall not take any action which the Secretary of State determines to be in conflict with any international treaty or agreement to which the United States is a party, or to be inconsistent with the successful conduct of the foreign relations of the United States, or which the Secretary of Defense determines to be inconsistent with the requirements of national defense.
§40121. Air traffic control modernization reviews
(a)
(1) is more than 50 percent over the cost goal established for the program;
(2) fails to achieve at least 50 percent of the performance goals established for the program; or
(3) is more than 50 percent behind schedule as determined in accordance with the schedule goal established for the program.
(b)
(1) is more than 10 percent over the cost goal established for the program;
(2) fails to achieve at least 90 percent of the performance goals established for the program; or
(3) is more than 10 percent behind schedule as determined in accordance with the schedule goal established for the program.
(c)
(1)
(2)
(3)
(Added Pub. L. 104–264, title II, §252, Oct. 9, 1996, 110 Stat. 3236; amended Pub. L. 106–181, title III, §307(c)(2), Apr. 5, 2000, 114 Stat. 126.)
References in Text
The date of the enactment of the Air Traffic Management System Performance Improvement Act of 1996, referred to in subsec. (a), is the date of enactment of Pub. L. 104–264, which was approved Oct. 9, 1996.
Codification
Another section 40121 was renumbered section 40124 of this title.
Amendments
2000—Subsec. (c)(2). Pub. L. 106–181 substituted “section 40110(d)(2) of this title” for “section 348(b) of Public Law 104–50”.
Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
Effective Date
Section effective on date that is 30 days after Oct. 9, 1996, see section 203 of Pub. L. 104–264, set out as an Effective Date of 1996 Amendment note under section 106 of this title.
Except as otherwise specifically provided, section applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as an Effective Date of 1996 Amendment note under section 106 of this title.
§40122. Federal Aviation Administration personnel management system
(a)
(1)
(2)
(3)
(4)
(b)
(c)
(d)
(e)
(f)
(g)
(1)
(2)
(A) section 2302(b), relating to whistleblower protection, including the provisions for investigation and enforcement as provided in chapter 12 of title 5;
(B) sections 3308–3320, relating to veterans’ preference;
(C) chapter 71, relating to labor-management relations;
(D) section 7204, relating to antidiscrimination;
(E) chapter 73, relating to suitability, security, and conduct;
(F) chapter 81, relating to compensation for work injury;
(G) chapters 83–85, 87, and 89, relating to retirement, unemployment compensation, and insurance coverage; and
(H) sections 1204, 1211–1218, 1221, and 7701–7703, relating to the Merit Systems Protection Board.
(3)
(4)
(h)
(i)
(j)
(Added Pub. L. 104–264, title II, §253, Oct. 9, 1996, 110 Stat. 3237; amended Pub. L. 106–181, title III, §§307(a), 308, Apr. 5, 2000, 114 Stat. 124, 126.)
References in Text
Executive Order No. 12674, referred to in subsec. (d), is set out as a note under section 7301 of Title 5, Government Organization and Employees.
The effective date of the Air Traffic Management System Performance Improvement Act of 1996, referred to in subsec. (f), is the date that is 30 days after Oct. 9, 1996. See section 203 of Pub. L. 104–264, set out as an Effective Date of 1996 Amendment note under section 106 of this title.
Amendments
2000—Subsec. (a)(2). Pub. L. 106–181, §308(a), inserted at end “The 60-day period shall not include any period during which Congress has adjourned sine die.”
Subsec. (g). Pub. L. 106–181, §307(a), added subsec. (g).
Subsecs. (h) to (j). Pub. L. 106–181, §308(b), added subsecs. (h) to (j).
Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
Effective Date
Section effective on date that is 30 days after Oct. 9, 1996, see section 203 of Pub. L. 104–264, set out as an Effective Date of 1996 Amendment note under section 106 of this title.
Except as otherwise specifically provided, section applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as an Effective Date of 1996 Amendment note under section 106 of this title.
§40123. Protection of voluntarily submitted information
(a)
(1) the disclosure of the information would inhibit the voluntary provision of that type of information and that the receipt of that type of information aids in fulfilling the Administrator's safety and security responsibilities; and
(2) withholding such information from disclosure would be consistent with the Administrator's safety and security responsibilities.
(b)
(Added Pub. L. 104–264, title IV, §402(a), Oct. 9, 1996, 110 Stat. 3255.)
Effective Date
Except as otherwise specifically provided, section applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as an Effective Date of 1996 Amendment note under section 106 of this title.
§40124. Interstate agreements for airport facilities
Congress consents to a State making an agreement, not in conflict with a law of the United States, with another State to develop or operate an airport facility.
(Added Pub. L. 104–287, §5(69)(A), Oct. 11, 1996, 110 Stat. 3395, §40121; renumbered §40124, Pub. L. 105–102, §3(d)(1)(B), Nov. 20, 1997, 111 Stat. 2215.)
Historical and Revision Notes
This restates 49:44502(e) as 49:40121 [now 40124] to provide a more appropriate place in title 49.
Amendments
1997—Pub. L. 105–102 amended Pub. L. 104–287, renumbering section 40121 of this title as this section.
Effective Date of 1997 Amendment
Pub. L. 105–102, §3(d), Nov. 20, 1997, 111 Stat. 2215, provided that the amendment made by section 3(d)(1)(B) is effective Oct. 11, 1996.
Amendment by Pub. L. 105–102 effective as if included in the provisions of the Act to which the amendment relates, see section 3(f) of Pub. L. 105–102, set out as a note under section 106 of this title.
§40125. Qualifications for public aircraft status
(a)
(1)
(2)
(3)
(A) operated by the armed forces or an intelligence agency of the United States Government; or
(B) whose presence is required to perform, or is associated with the performance of, a governmental function.
(4)
(b)
(c)
(1)
(A) the aircraft is operated in accordance with title 10;
(B) the aircraft is operated in the performance of a governmental function under title 14, 31, 32, or 50 and the aircraft is not used for commercial purposes; or
(C) the aircraft is chartered to provide transportation to the armed forces and the Secretary of Defense (or the Secretary of the department in which the Coast Guard is operating) designates the operation of the aircraft as being required in the national interest.
(2)
(Added Pub. L. 106–181, title VII, §702(b)(1), Apr. 5, 2000, 114 Stat. 155.)
References in Text
Section 40102(a)(37) of this title, referred to in subsecs. (b) and (c)(1), was redesignated section 40102(a)(41) by Pub. L. 108–176, title II, §225(a)(3), Dec. 12, 2003, 117 Stat. 2528.
Effective Date
Section applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as an Effective Date of 2000 Amendments note under section 106 of this title.
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
1 See References in Text note below.
§40126. Severable services contracts for periods crossing fiscal years
(a)
(b)
(Added Pub. L. 106–181, title VII, §705(a), Apr. 5, 2000, 114 Stat. 157.)
Effective Date
Section applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as an Effective Date of 2000 Amendments note under section 106 of this title.
§40127. Prohibitions on discrimination
(a)
(b)
(Added Pub. L. 106–181, title VII, §706(a), Apr. 5, 2000, 114 Stat. 157.)
Effective Date
Section applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as an Effective Date of 2000 Amendments note under section 106 of this title.
§40128. Overflights of national parks
(a)
(1)
(A) in accordance with this section;
(B) in accordance with conditions and limitations prescribed for that operator by the Administrator; and
(C) in accordance with any applicable air tour management plan for the park or tribal lands.
(2)
(A)
(B)
(i) the safety record of the person submitting the proposal or pilots employed by the person;
(ii) any quiet aircraft technology proposed to be used by the person submitting the proposal;
(iii) the experience of the person submitting the proposal with commercial air tour operations over other national parks or scenic areas;
(iv) the financial capability of the person submitting the proposal;
(v) any training programs for pilots provided by the person submitting the proposal; and
(vi) responsiveness of the person submitting the proposal to any relevant criteria developed by the National Park Service for the affected park.
(C)
(D)
(E)
(F)
(3)
(A) such activity is permitted under part 119 of such title;
(B) the operator secures a letter of agreement from the Administrator and the national park superintendent for that national park describing the conditions under which the operations will be conducted; and
(C) the total number of operations under this exception is limited to not more than five flights in any 30-day period over a particular park.
(4)
(b)
(1)
(A)
(B)
(2)
(3)
(A) may prohibit commercial air tour operations over a national park in whole or in part;
(B) may establish conditions for the conduct of commercial air tour operations over a national park, including commercial air tour routes, maximum or minimum altitudes, time-of-day restrictions, restrictions for particular events, maximum number of flights per unit of time, intrusions on privacy on tribal lands, and mitigation of noise, visual, or other impacts;
(C) shall apply to all commercial air tour operations over a national park that are also within 1/2 mile outside the boundary of a national park;
(D) shall include incentives (such as preferred commercial air tour routes and altitudes, relief from caps and curfews) for the adoption of quiet aircraft technology by commercial air tour operators conducting commercial air tour operations over a national park;
(E) shall provide for the initial allocation of opportunities to conduct commercial air tour operations over a national park if the plan includes a limitation on the number of commercial air tour operations for any time period; and
(F) shall justify and document the need for measures taken pursuant to subparagraphs (A) through (E) and include such justifications in the record of decision.
(4)
(A) hold at least one public meeting with interested parties to develop the air tour management plan;
(B) publish the proposed plan in the Federal Register for notice and comment and make copies of the proposed plan available to the public;
(C) comply with the regulations set forth in sections 1501.3 and 1501.5 through 1501.8 of title 40, Code of Federal Regulations (for purposes of complying with the regulations, the Federal Aviation Administration shall be the lead agency and the National Park Service is a cooperating agency); and
(D) solicit the participation of any Indian tribe whose tribal lands are, or may be, overflown by aircraft involved in a commercial air tour operation over the park or tribal lands to which the plan applies, as a cooperating agency under the regulations referred to in subparagraph (C).
(5)
(6)
(c)
(1)
(2)
(A) shall provide annual authorization only for the greater of—
(i) the number of flights used by the operator to provide the commercial air tour operations over a national park within the 12-month period prior to the date of the enactment of this section; or
(ii) the average number of flights per 12-month period used by the operator to provide such operations within the 36-month period prior to such date of enactment, and, for seasonal operations, the number of flights so used during the season or seasons covered by that 12-month period;
(B) may not provide for an increase in the number of commercial air tour operations over a national park conducted during any time period by the commercial air tour operator above the number that the air tour operator was originally granted unless such an increase is agreed to by the Administrator and the Director;
(C) shall be published in the Federal Register to provide notice and opportunity for comment;
(D) may be revoked by the Administrator for cause;
(E) shall terminate 180 days after the date on which an air tour management plan is established for the park or tribal lands;
(F) shall promote protection of national park resources, visitor experiences, and tribal lands;
(G) shall promote safe commercial air tour operations;
(H) shall promote the adoption of quiet technology, as appropriate; and
(I) shall allow for modifications of the interim operating authority based on experience if the modification improves protection of national park resources and values and of tribal lands.
(3)
(A)
(B)
(C)
(d)
(1) the Grand Canyon National Park; or
(2) tribal lands within or abutting the Grand Canyon National Park.
(e)
(f)
(1)
(2)
(3)
(A) applies for operating authority as a commercial air tour operator for a national park or tribal lands; and
(B) has not engaged in the business of providing commercial air tour operations over the national park or tribal lands in the 12-month period preceding the application.
(4)
(A)
(i) below a minimum altitude, determined by the Administrator in cooperation with the Director, above ground level (except solely for purposes of takeoff or landing, or necessary for safe operation of an aircraft as determined under the rules and regulations of the Federal Aviation Administration requiring the pilot-in-command to take action to ensure the safe operation of the aircraft); or
(ii) less than 1 mile laterally from any geographic feature within the park (unless more than 1/2 mile outside the boundary).
(B)
(i) whether there was a holding out to the public of willingness to conduct a sightseeing flight for compensation or hire;
(ii) whether a narrative that referred to areas or points of interest on the surface below the route of the flight was provided by the person offering the flight;
(iii) the area of operation;
(iv) the frequency of flights conducted by the person offering the flight;
(v) the route of flight;
(vi) the inclusion of sightseeing flights as part of any travel arrangement package offered by the person offering the flight;
(vii) whether the flight would have been canceled based on poor visibility of the surface below the route of the flight; and
(viii) any other factors that the Administrator and the Director consider appropriate.
(5)
(6)
(7)
(8)
(Added Pub. L. 106–181, title VIII, §803(a), Apr. 5, 2000, 114 Stat. 186; amended Pub. L. 108–176, title III, §323(a), Dec. 12, 2003, 117 Stat. 2541; Pub. L. 109–115, div. A, title I, §177, Nov. 30, 2005, 119 Stat. 2427.)
References in Text
The date of the enactment of this section, referred to in subsecs. (a)(4), (c)(2)(A), (3)(C), and (f)(2), is the date of enactment of Pub. L. 106–181, which was approved Apr. 5, 2000.
Amendments
2005—Subsec. (e). Pub. L. 109–115 inserted at end “For purposes of this subsection, an air tour operator flying over the Hoover Dam in the Lake Mead National Recreation Area en route to the Grand Canyon National Park shall be deemed to be flying solely as a transportation route.”
2003—Subsec. (a)(1). Pub. L. 108–176, §323(a)(1), inserted “, as defined by this section,” after “tribal lands” in introductory provisions.
Subsec. (b)(3)(A), (B). Pub. L. 108–176, §323(a)(2), inserted “over a national park” after “operations”.
Subsec. (b)(3)(C). Pub. L. 108–176, §323(a)(3), inserted “over a national park that are also” after “operations”.
Subsec. (b)(3)(D). Pub. L. 108–176, §323(a)(4), substituted “over a national park” for “at the park”.
Subsec. (b)(3)(E). Pub. L. 108–176, §323(a)(5), inserted “over a national park” before “if the plan includes”.
Subsec. (c)(2)(A)(i), (B). Pub. L. 108–176, §323(a)(6), inserted “over a national park” after “operations”.
Subsec. (f)(1). Pub. L. 108–176, §323(a)(7), inserted “over a national park” after “operation”.
Subsec. (f)(4). Pub. L. 108–176, §323(a)(10), inserted “
Subsec. (f)(4)(A). Pub. L. 108–176, §323(a)(8), in introductory provisions, substituted “commercial air tour operation over a national park” for “commercial air tour operation” and “park (except the Grand Canyon National Park), or over tribal lands (except those within or abutting the Grand Canyon National Park),” for “park, or over tribal lands,”.
Subsec. (f)(4)(B). Pub. L. 108–176, §323(a)(9), inserted “over a national park” after “operation” in introductory provisions.
Effective Date of 2003 Amendment
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
Effective Date
Section applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as an Effective Date of 2000 Amendments note under section 106 of this title.
Grand Canyon Overflight Rules
Pub. L. 109–115, div. A, title I, §177, Nov. 30, 2005, 119 Stat. 2427, provided in part that: “Nothing in this provision [amending this section] shall allow exemption from overflight rules for the Grand Canyon.”
Quiet Technology Rulemaking for Air Tours Over Grand Canyon National Park
Pub. L. 108–176, title III, §323(b), Dec. 12, 2003, 117 Stat. 2541, provided that:
“(1)
“(2)
National Parks Air Tour Management
Pub. L. 106–181, title VIII, Apr. 5, 2000, 114 Stat. 185, as amended by Pub. L. 106–528, §8(b), Nov. 22, 2000, 114 Stat. 2522, provided that:
“SEC. 801. SHORT TITLE.
“This title may be cited as the ‘National Parks Air Tour Management Act of 2000’.
“SEC. 802. FINDINGS.
“Congress finds that—
“(1) the Federal Aviation Administration has sole authority to control airspace over the United States;
“(2) the Federal Aviation Administration has the authority to preserve, protect, and enhance the environment by minimizing, mitigating, or preventing the adverse effects of aircraft overflights on public and tribal lands;
“(3) the National Park Service has the responsibility of conserving the scenery and natural and historic objects and wildlife in national parks and of providing for the enjoyment of the national parks in ways that leave the national parks unimpaired for future generations;
“(4) the protection of tribal lands from aircraft overflights is consistent with protecting the public health and welfare and is essential to the maintenance of the natural and cultural resources of Indian tribes;
“(5) the National Parks Overflights Working Group, composed of general aviation, commercial air tour, environmental, and Native American representatives, recommended that the Congress enact legislation based on the Group's consensus work product; and
“(6) this title reflects the recommendations made by that Group.
“SEC. 803. AIR TOUR MANAGEMENT PLANS FOR NATIONAL PARKS.
“(a)
“(b)
“(c)
“(1) regulations issued by the Secretary of Transportation and the Administrator [of the Federal Aviation Administration] under section 3 of Public Law 100–91 (16 U.S.C. 1a–1 note); and
“(2) commercial air tour operations carried out in compliance with the requirements of those regulations,
shall be deemed to meet the requirements of such section 40128.
“SEC. 804. QUIET AIRCRAFT TECHNOLOGY FOR GRAND CANYON.
“(a)
“(b)
“(1) tours of the Grand Canyon originating in Clark County, Nevada; and
“(2) ‘local loop’ tours originating at the Grand Canyon National Park Airport, in Tusayan, Arizona,
provided that such routes or corridors can be located in areas that will not negatively impact the substantial restoration of natural quiet, tribal lands, or safety.
“(c)
“(d)
“(e)
“(1) the statutory mandate imposed upon the Secretary of the Interior and the Administrator of the Federal Aviation Administration under Public Law 100–91 (16 U.S.C. 1a–1 note) to achieve the substantial restoration of the natural quiet and experience at the Grand Canyon National Park; and
“(2) the obligations of the Secretary and the Administrator to promulgate forthwith regulations to achieve the substantial restoration of the natural quiet and experience at the Grand Canyon National Park.
“SEC. 805. ADVISORY GROUP.
“(a)
“(b)
“(1)
“(A) a balanced group of—
“(i) representatives of general aviation;
“(ii) representatives of commercial air tour operators;
“(iii) representatives of environmental concerns; and
“(iv) representatives of Indian tribes;
“(B) a representative of the Federal Aviation Administration; and
“(C) a representative of the National Park Service.
“(2)
“(3)
“(c)
“(1) on the implementation of this title and the amendments made by this title;
“(2) on commonly accepted quiet aircraft technology for use in commercial air tour operations over a national park or tribal lands, which will receive preferential treatment in a given air tour management plan;
“(3) on other measures that might be taken to accommodate the interests of visitors to national parks; and
“(4) at the request of the Administrator and the Director, safety, environmental, and other issues related to commercial air tour operations over a national park or tribal lands.
“(d)
“(1)
“(2)
“(3)
“SEC. 806. PROHIBITION OF COMMERCIAL AIR TOUR OPERATIONS OVER THE ROCKY MOUNTAIN NATIONAL PARK.
“Effective beginning on the date of the enactment of this Act [Apr. 5, 2000], no commercial air tour operation may be conducted in the airspace over the Rocky Mountain National Park notwithstanding any other provision of this Act or section 40128 of title 49, United States Code.
“SEC. 807. REPORTS.
“(a)
“(1) the viability of a tax credit for the commercial air tour operators equal to the amount of any overflight fees charged by the National Park Service; and
“(2) the financial effects proposed offsets are likely to have on Federal Aviation Administration budgets and appropriations.
“(b)
“SEC. 808. METHODOLOGIES USED TO ASSESS AIR TOUR NOISE.
“Any methodology adopted by a Federal agency to assess air tour noise in any unit of the national park system (including the Grand Canyon and Alaska) shall be based on reasonable scientific methods.
“SEC. 809. ALASKA EXEMPTION.
“The provisions of this title and section 40128 of title 49, United States Code, as added by section 803(a), do not apply to any land or waters located in Alaska.”
§40129. Collaborative decisionmaking pilot program
(a)
(b)
(c)
(1)
(A) define a capacity reduction event;
(B) establish the criteria and process for determining when a capacity reduction event exists that warrants the use of collaborative decisionmaking among carriers at airports participating in the pilot program; and
(C) prescribe the methods of communication to be implemented among carriers during such an event.
(2)
(d)
(e)
(f)
(g)
(h)
(1)
(2)
(i)
(j)
(1)
(2)
(k)
(Added Pub. L. 108–176, title IV, §423(a), Dec. 12, 2003, 117 Stat. 2552.)
References in Text
The date of enactment of this section, referred to in subsec. (a), is the date of enactment of Pub. L. 108–176, which was approved Dec. 12, 2003.
Effective Date
Section applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as an Effective Date of 2003 Amendment note under section 106 of this title.
subpart ii—economic regulation
CHAPTER 411—AIR CARRIER CERTIFICATES
Amendments
1996—Pub. L. 104–264, title VII, §703(b), Oct. 9, 1996, 110 Stat. 3268, added item 41113.
§41101. Requirement for a certificate
(a)
(1) an air carrier may provide air transportation only if the air carrier holds a certificate issued under this chapter authorizing the air transportation;
(2) a charter air carrier may provide charter air transportation only if the charter air carrier holds a certificate issued under this chapter authorizing the charter air transportation; and
(3) an air carrier may provide all-cargo air transportation only if the air carrier holds a certificate issued under this chapter authorizing the all-cargo air transportation.
(b)
(1) may provide transportation for passengers and property that includes through service by the citizen over its routes in the State and in air transportation by an air carrier or foreign air carrier; and
(2) subject to sections 41309 and 42111 of this title, may make an agreement with an air carrier or foreign air carrier to provide the joint transportation.
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1118.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41101(a)(1) | 49 App.:1371(a). | Aug. 23, 1958, Pub. L. 85–726, §401(a), (i), 72 Stat. 754, 756. |
| 41101(a)(2) | 49 App.:1301(14) (related to certificate). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §101(14) (related to certificate); added Oct. 24, 1978, Pub. L. 95–504, §2(a)(1), 92 Stat. 1705. |
| 41101(a)(3) | (no source). | |
| 41101(b) | 49 App.:1371(d) (4)(A)(i), (ii) (related to joint services). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §401(d) (4)(A)(i), (ii) (related to joint services); added Nov. 9, 1977, Pub. L. 95–163, §9, 91 Stat. 1281; restated Oct. 24, 1978, Pub. L. 95–504, §9, 92 Stat. 1713. |
| 41101(c) | 49 App.:1371(i). |
In subsections (a)(2) and (c), the words “issued under this chapter” are added for clarity.
In subsection (a), the word “provide” is substituted for “engage in” for consistency in the revised title. The words before clause (1) are added to inform the reader that other provisions of the chapter and other laws qualify the requirement of being licensed by the Secretary of Transportation. In clause (1), the word “holds” is substituted for “there is in force” to eliminate unnecessary words. The words “under this chapter” are substituted for “by the Board” for clarity. In clause (2), the words “of public convenience and necessity” are omitted as surplus. Clause (3) is included to inform the reader at the beginning of this chapter about all of the types of certificates and permits that the Secretary may issue under this subchapter.
In subsection (b), the word “passengers” is substituted for “persons” for consistency in the revised title. Before clause (1), the words “Notwithstanding any other provision of this chapter” are omitted as surplus. The words “providing transportation” are substituted for “undertakes . . . the carriage of” for consistency in the revised title. The words “or hire” are omitted as surplus and for consistency. The words “for such carriage within such State” are omitted as surplus. In clause (1), the words “through service” are substituted for “transportation” the first time it appears for clarity. In clause (2), the words “the requirements of” and “for such through services” are omitted as surplus.
In subsection (c), the word “property” is omitted as surplus. The words “landing area” are omitted because they are included in the definition of “air navigation facility” in section 40102(a) of the revised title.
§41102. General, temporary, and charter air transportation certificates of air carriers
(a)
(1) air transportation as an air carrier.
(2) temporary air transportation as an air carrier for a limited period.
(3) charter air transportation as a charter air carrier.
(b)
(2) In addition to the findings under paragraph (1) of this subsection, the Secretary, before issuing a certificate under subsection (a) of this section for foreign air transportation, must find that the transportation is consistent with the public convenience and necessity.
(c)
(1) to decide if the projected services, efficiencies, methods, and prices and the projected results will materialize and remain for a sustained period of time; or
(2) to evaluate the new transportation.
(d)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1119.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41102(a) | 49 App.:1371(d)(1) (words before 1st comma and after semicolon), (2) (1st–32d words). | Aug. 23, 1958, Pub. L. 85–726, §401(d)(1), (2), 72 Stat. 755; Oct. 24, 1978, Pub. L. 95–504, §8, 92 Stat. 1712; restated Feb. 15, 1980, Pub. L. 96–192, §4, 94 Stat. 37. |
| 49 App.:1371(d)(3) (words before 6th comma). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §401(d)(3); added July 10, 1962, Pub. L. 87–528, §2, 76 Stat. 143; Oct. 24, 1978, Pub. L. 95–504, §8, 92 Stat. 1712; restated Feb. 15, 1980, Pub. L. 96–192, §4, 94 Stat. 37. | |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b) (1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704. | |
| 41102(b)(1) | 49 App.:1371(d)(1) (words between 1st and last commas), (2) (42d–last words), (3) (words after 7th comma). | |
| 49 App.:1551(b)(1)(E). | ||
| 41102(b)(2) | 49 App.:1371(d)(1) (words between last comma and semicolon), (2) (33d–41st words), (3) (words between 6th and 7th commas). | |
| 49 App.:1551(a)(1)(A). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(a) (1)(A), (B); added Oct. 24, 1978, Pub. L. 95–504, §40(a), 92 Stat. 1744. | |
| 49 App.:1551(b)(1)(E). | ||
| 41102(c) | 49 App.:1371(d)(8) (1st sentence). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §401(d)(8) (1st sentence); added Oct. 24, 1978, Pub. L. 95–504, §13, 92 Stat. 1718. |
| 49 App.:1551(a)(1)(B), (b)(1)(E). | ||
| 41102(d) | (no source). |
In this section, the words “citizen of the United States” and “citizen” are substituted for “applicant” for clarity and consistency because only a citizen of the United States may be an “air carrier” as defined in section 40102(a) of the revised title, and only an air carrier may be a “charter air carrier” as defined in section 40102(a). The word “provide” is substituted for “perform” for consistency in the revised title.
In subsection (a), before clause (1), the words “of public convenience and necessity” are added for clarity. The words “any part of” are substituted for “the whole or any part of” to eliminate unnecessary words. In clauses (2) and (3), the words “In the case of” are omitted as surplus. In clause (3), the words “for such periods” are omitted as surplus.
In subsection (b)(1), the word “comply” is substituted for “conform” for consistency in the revised title. The words “properly” and “requirements” are omitted as surplus. The word “rules” is omitted as being synonymous with “regulations”.
In subsection (b)(2), the words “foreign air transportation” are added because 49 App.:1551(a)(1)(A) provides that 49 App.:1371(d)(1)–(3) no longer applies to interstate or overseas transportation of persons. After January 1, 1985, other interstate and overseas air transportation and the domestic air transportation of mail do not require a certificate of public convenience and necessity. See H. Rept. 98–793, 98th Cong., 2d Sess., p.10 (1984).
In subsection (c), before clause (1), the words “issue a certificate” are substituted for “grant an application” for consistency in this chapter. The words “for interstate air transportation (except the transportation of passengers) or foreign air transportation” are added for clarity and consistency. The word “only” is omitted as surplus. In clause (1), the word “prices” is substituted for “rates, fares, charges” because of the definition of “price” in section 40102(a) of the revised title. The words “in fact” are omitted as surplus. In clause (2), the words “to assess the impact of the new services on the national air route structure, or otherwise” are omitted as surplus.
Subsection (d) is added for clarity.
§41103. All-cargo air transportation certificates of air carriers
(a)
(b)
(c)
(d)
(1) is exempt in providing the transportation under the certificate from the requirements of—
(A) section 41101(a)(1) of this title and regulations or procedures prescribed under section 41101(a)(1); and
(B) other provisions of this part and regulations or procedures prescribed under those provisions when the Secretary finds under regulations of the Secretary that the exemption is appropriate; and
(2) is an air carrier under this part except to the extent the carrier is exempt under this section from a requirement of this part.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1119; Pub. L. 103–429, §6(49), Oct. 31, 1994, 108 Stat. 4384.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41103(a) | 49 App.:1388(a)(4). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §418(a)(4); added Nov. 9, 1977, Pub. L. 95–163, §17(a), 91 Stat. 1285; Mar. 14, 1978, Pub. L. 95–245, §1, 92 Stat. 156. |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b) (1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704. | |
| 41103(b) | 49 App.:1388(b)(1)(B). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §418(b)(1)(B); added Nov. 9, 1977, Pub. L. 95–163, §17(a), 91 Stat. 1285; Mar. 14, 1978, Pub. L. 95–245, §3, 92 Stat. 156. |
| 49 App.:1551(b)(1)(E). | ||
| 41103(c) | 49 App.:1388(b)(2). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §418(b)(2), (c), (d); added Nov. 9, 1977, Pub. L. 95–163, §17(a), 91 Stat. 1285. |
| 49 App.:1551(b)(1)(E). | ||
| 41103(d)(1) | 49 App.:1388(c). | |
| 49 App.:1551(b)(1)(E). | ||
| 41103(d)(2) | 49 App.:1388(d). |
In subsection (a), the words “After the three hundred and sixty-fifth day which begins after November 9, 1977” are omitted as executed. The words “under this section” are omitted as surplus. The words “authorizing the citizen” are added for clarity and consistency in this chapter.
In subsection (b), the words “pursuant to paragraph (4) of subsection (a) of this section” are omitted as surplus. The word “citizen” is substituted for “applicant” for clarity and consistency because only a citizen of the United States may be an “air carrier” as defined in section 40102(a) of the revised title and only an air carrier can provide all–cargo air transportation. The words “to provide” are added for clarity and consistency in this subchapter. The word “rules” is omitted as being synonymous with “regulations”. The word “promulgated” is omitted as surplus.
In subsection (c), the words “reasonable”, “and limitations”, and “and conditions” are omitted as surplus. The word “places” is substituted for “points” for consistency in the revised title.
Pub. L. 103–429
This amends 49:41103(a) to make the term consistent throughout subtitle VII of title 49.
Amendments
1994—Subsec. (a). Pub. L. 103–429 substituted “all-cargo” for “all-property”.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
§41104. Additional limitations and requirements of charter air carriers
(a)
(b)
(1)
(A) does not have an airport operating certificate issued under part 139 of title 14, Code of Federal Regulations (or any subsequent similar regulation); or
(B) has an airport operating certificate issued under part 139 of title 14, Code of Federal Regulations (or any subsequent similar regulation) if the airport—
(i) is a reliever airport (as defined in section 47102) and is designated as such in the national plan of integrated airports maintained under section 47103; and
(ii) is located within 20 nautical miles (22 statute miles) of 3 or more airports that each annually account for at least 1 percent of the total United States passenger enplanements and at least 2 of which are operated by the sponsor of the reliever airport.
(2)
(3)
(4)
(c)
(1) maintained a principal place of business in Alaska; and
(2) conducted air transport operations between places in Alaska with aircraft with a certificate for gross takeoff weight of more than 40,000 pounds.
(d)
(2) The Secretary shall begin immediately a hearing to decide if the certificate referred to in paragraph (1) of this subsection should be amended, modified, suspended, or revoked. Until the hearing is completed, the Secretary may suspend the certificate for additional periods totaling not more than 60 days. If the Secretary decides that the carrier is complying with the requirements described in sections 41110(e) and 41112 of this title and regulations and orders under sections 41110(e) and 41112, the Secretary immediately may end the suspension period and proceeding begun under this subsection. However, the Secretary is not prevented from imposing a civil penalty on the carrier for violating the requirements described in section 41110(e) or 41112 or a regulation or order under section 41110(e) or 41112.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1120; Pub. L. 106–181, title VII, §723, Apr. 5, 2000, 114 Stat. 165; Pub. L. 106–528, §8(c), Nov. 22, 2000, 114 Stat. 2522; Pub. L. 108–176, title VIII, §822, Dec. 12, 2003, 117 Stat. 2594.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41104(a) | 49 App.:1371(n)(2), (4). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §401(n)(2)–(4); added July 10, 1962, Pub. L. 87–528, §4, 76 Stat. 144; restated Oct. 24, 1978, Pub. L. 95–504, §20(b), 92 Stat. 1721. |
| 49 App.:1551(a)(1)(E) (related to 49 App.:1371(n)(4)). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(a)(1)(E) (related to §401(n)(4)); added Oct. 24, 1978, Pub. L. 95–504, §40(a), 92 Stat. 1744. | |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b) (1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704. | |
| 41104(b) | 49 App.:1371(n)(3). | |
| 49 App.:1551(b)(1)(E). | ||
| 41104(c) | 49 App.:1371(n)(5). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §401(n)(5); added July 10, 1962, Pub. L. 87–528, §4, 76 Stat. 145; Oct. 24, 1978, Pub. L. 95–504, §20(c), 92 Stat. 1722. |
| 49 App.:1371(n)(6). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §401(n)(6); added July 10, 1962, Pub. L. 87–528, §4, 76 Stat. 145. | |
| 49 App.:1551(b)(1)(E). |
In subsection (a), the word “rule” is omitted as being synonymous with “regulation”. The words “charter air transportation” are substituted for “charter trips” for consistency in this part. The text of 49 App.:1371(n)(4) and 1551(n)(1)(E) (related to 49 App.:1371(n)(4)) is omitted because inclusive tour charters have been abolished and charter air carriers have received authority to sell public charter flights directly to the public.
In subsection (b), before clause (1), the words “Notwithstanding any other provision of this subchapter” are omitted as surplus. The words “An air carrier holding” are added for clarity. The words “State of” are omitted as surplus. The word “modifying” is added for consistency in the revised title. The words “citizen of the United States” are substituted for “person” for clarity and consistency because only a citizen of the United States may be an “air carrier” as defined in section 40102(a) of the revised title.
In subsection (c), the words “the requirements described in” are added for clarity.
In subsection (c)(1), the text of 49 App.:1371(n)(6) is omitted as surplus because of 49:322(a).
In subsection (c)(2), the word “amended” is added for consistency in the revised title.
Amendments
2003—Subsec. (b)(1). Pub. L. 108–176, §822(a), inserted a comma after “regularly scheduled charter air transportation”, substituted “paragraphs (3) and (4)” for “paragraph (3)” and “flight, to or from an airport that—” for “flight unless such air transportation is to and from an airport that has an airport operating certificate issued under part 139 of title 14, Code of Federal Regulations (or any subsequent similar regulation).”, and added subpars. (A) and (B).
Subsec. (b)(4). Pub. L. 108–176, §822(b), added par. (4).
2000—Subsec. (b). Pub. L. 106–181, §723(2), added subsec. (b). Former subsec. (b) redesignated (c).
Subsec. (b)(1). Pub. L. 106–528, §8(c)(1), added par. (1) and struck out heading and text of former par. (1). Text read as follows: “An air carrier, including an indirect air carrier, which operates aircraft designed for more than nine passenger seats, may not provide regularly scheduled charter air transportation for which the general public is provided in advance a schedule containing the departure location, departure time, and arrival location of the flights to or from an airport that is not located in Alaska and that does not have an operating certificate issued under part 139 of title 14, Code of Federal Regulations (or any subsequent similar regulations).”
Subsec. (b)(3). Pub. L. 106–528, §8(c)(2), added par. (3).
Subsecs. (c), (d). Pub. L. 106–181, §723(1), redesignated subsecs. (b) and (c) as (c) and (d), respectively.
Effective Date of 2003 Amendment
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
Effective Date of 2000 Amendments
Amendment by Pub. L. 106–528 effective 30 days after Nov. 22, 2000, see section 9 of Pub. L. 106–528, set out as a note under section 106 of this title.
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
§41105. Transfers of certificates
(a)
(b)
(1) the viability of each carrier involved in the transfer;
(2) competition in the domestic airline industry; and
(3) the trade position of the United States in the international air transportation market.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1121; Pub. L. 104–287, §5(9), Oct. 11, 1996, 110 Stat. 3389.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41105(a) | 49 App.:1371(h)(1). | Aug. 23, 1958, Pub. L. 85–726, §401(h)(1), 72 Stat. 756; Nov. 5, 1990, Pub. L. 101–508, §9127(1), 104 Stat. 1388–371. |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704. | |
| 41105(b) | 49 App.:1371(h)(2), (3). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §401(h)(2), (3); added Nov. 5, 1990, Pub. L. 101–508, §9127(2), 104 Stat. 1388–371. |
Amendments
1996—Subsec. (b). Pub. L. 104–287 substituted “Transportation and Infrastructure” for “Public Works and Transportation”.
§41106. Airlift service
(a)
(A) has aircraft in the civil reserve air fleet or offers to place the aircraft in that fleet; and
(B) holds a certificate issued under section 41102 of this title.
(2) The Secretary of Transportation shall act as expeditiously as possible on an application for a certificate under section 41102 of this title to provide airlift service.
(b)
(c)
(d)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1121; Pub. L. 106–398, §1 [[div. A], title III, §385(a), (b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–87.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41106 | 49 App.:1371(o). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §401(o); added July 12, 1976, Pub. L. 94–353, §18(a), 90 Stat. 883. |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704. |
In subsection (a), before clause (1), the word “passengers” is substituted for “persons” for consistency in the revised title. The words “Secretary of Defense” are substituted for “Department of Defense” because of 10:113(a). The words “an air carrier” are substituted for “carriers” for clarity.
In subsection (b), the words “to provide the service” are added for clarity.
Amendments
2000—Subsec. (a). Pub. L. 106–398, §1 [[div. A], title III, §385(a)(1), (b)], in heading substituted “Interstate Transportation” for “General” and in introductory provisions of par. (1), substituted “Except as provided in subsection (d) of this section,” for “Except as provided in subsection (b) of this section,” and struck out “of at least 31 days” after “through a contract”.
Subsecs. (b) to (d). Pub. L. 106–398, §1 [[div. A], title III, §385(a)(2), (3)], added subsecs. (b) and (c) and redesignated former subsec. (b) as (d).
Effective Date of 2000 Amendment
Pub. L. 106–398, §1 [[div. A], title III, §385(c)], Oct. 30, 2000, 114 Stat. 1654, 1654A–87, provided that: “The amendments made by this section [amending this section] shall take effect on October 1, 2000.”
§41107. Transportation of mail
When the United States Postal Service finds that the needs of the Postal Service require the transportation of mail by aircraft in foreign air transportation or between places in Alaska, in addition to the transportation of mail authorized under certificates in effect, the Postal Service shall certify that finding to the Secretary of Transportation with a statement about the additional transportation and facilities necessary to provide the additional transportation. A copy of each certification and statement shall be posted for at least 20 days in the office of the Secretary. After notice and an opportunity for a hearing, the Secretary shall issue a new certificate under section 41102 of this title, or amend or modify an existing certificate under section 41110(a)(2)(A) of this title, to provide the additional transportation and facilities if the Secretary finds the additional transportation is required by the public convenience and necessity.
(Pub. L. 103–272, §§1(e), 4(k)(1), July 5, 1994, 108 Stat. 1121, 1370; Pub. L. 106–31, title VI, §6003, May 21, 1999, 113 Stat. 113.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41107 | 49 App.:1371(m). | Aug. 23, 1958, Pub. L. 85–726, §401(m), 72 Stat. 757. |
| 49 App.:1551(a)(4)(A) (related to 49 App.:1371(m)), (b)(1)(E). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(a)(4)(A) (related to §401(m)), (b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(c), (e), 98 Stat. 1703, 1704. |
The words “from time to time” are omitted as surplus. The words “United States Postal Service” and “Postal Service” are substituted for “Postmaster General” in section 401(m) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 757) because of sections 4(a) and 6(o) of the Postal Reorganization Act (Public Law 91–375, 84 Stat. 773, 783). The words “in foreign air transportation or between places in Alaska” are substituted for “between any points within the United States or between the United States and foreign countries” for consistency in the revised title and because 49 App.:1551(a)(4)(A) provides that 49 App.:1371(m) no longer applies to interstate or overseas air transportation (except transportation of mail between 2 places in Alaska). In addition, Congress did not intend to maintain the regulation of domestic air transportation of mail. See section 40102(a) of the revised title defining “air transportation” to mean interstate or foreign air transportation or the transportation of mail by aircraft. The word “currently” is omitted as surplus. The words “opportunity for a” are added for consistency in the revised title and with other titles of the United States Code. The words “or certificates” are omitted as surplus because of 1:1. The word “modify” is added for consistency in the revised title.
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41107 | 49 App.:1551(a)(8). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(a)(8); added Oct. 4, 1984, Pub. L. 98–443, §3(c), 98 Stat. 1704; Sept. 30, 1988, Pub. L. 100–457, §346 (related to §1601(a)(8) of Federal Aviation Act of 1958), 102 Stat. 2155. |
| 49 App.:1551(b)(3). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(3); added Oct. 4, 1984, Pub. L. 98–443, §3(f), 98 Stat. 1704; Sept. 30, 1988, Pub. L. 100–457, §346 (related to §1601(b)(3) of Federal Aviation Act of 1958), 102 Stat. 2155. |
Section 4(k) reflects amendments to the restatement required by section 1601(a)(8) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 731), as added by section 3(c) of the Civil Aeronautics Board Sunset Act of 1984 (Public Law 98–443, 98 Stat. 1704), and section 1601(b)(3) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 731), as added by section 3(f) of the Civil Aeronautics Board Sunset Act of 1984 (Public Law 98–443, 98 Stat. 1704). Section 1601(a)(8) provides that the authority under 49 App.:1371(l) and (m) and 1375(b)–(d) as those sections relate to transportation of mail by aircraft between places in Alaska (restated in sections 41107 and 41901–41903 of the revised title) ceases on January 1, 1999. Section 1601(b)(3) transfers the authority for prescribing rates for transportation of mail between places in Alaska from the Secretary of Transportation to the Postal Service effective January 1, 1999.
Amendments
1999—Pub. L. 106–31 repealed Pub. L. 103–272, §4(k). See 1994 Amendment note below.
1994—Pub. L. 103–272, §4(k)(1), which directed the amendment of this section by substituting “foreign air transportation,” for “foreign air transportation or between places in Alaska,”, effective Jan. 1, 1999, was repealed by Pub. L. 106–31, §6003, effective Dec. 31, 1998.
Effective Date of 1999 Amendment
Pub. L. 106–31, title VI, §6003, May 21, 1999, 113 Stat. 113, provided that the amendment made by section 6003 is effective Dec. 31, 1998.
Effective Date of 1994 Amendment
Section 4(k) of Pub. L. 103–272 which provided that the amendments made by that section (amending this section and sections 41901, 41902, and 41903 of this title) were effective Jan. 1, 1999, was repealed by Pub. L. 106–31, title VI, §6003, May 21, 1999, 113 Stat. 113, effective Dec. 31, 1998.
§41108. Applications for certificates
(a)
(1) be in the form and contain information required by regulations of the Secretary; and
(2) be accompanied by proof of service on interested persons as required by regulations of the Secretary and on each community that may be affected by the issuance of the certificate.
(b)
(A) provide an opportunity for a public hearing on the application;
(B) begin the procedure under section 41111 of this title; or
(C) dismiss the application on its merits.
(2) An order of dismissal issued by the Secretary under paragraph (1)(C) of this subsection is a final order and may be reviewed judicially under section 46110 of this title.
(3) If the Secretary provides an opportunity for a hearing under paragraph (1)(A) of this subsection, an initial or recommended decision shall be issued not later than 150 days after the date the Secretary provides the opportunity. The Secretary shall issue a final order on the application not later than 90 days after the decision is issued. However, if the Secretary does not act within the 90-day period, the initial or recommended decision on an application to provide—
(A) interstate air transportation is a final order and may be reviewed judicially under section 46110 of this title; and
(B) foreign air transportation shall be submitted to the President under section 41307 of this title.
(4) If the Secretary acts under paragraph (1)(B) of this subsection, the Secretary shall issue a final order on the application not later than 180 days after beginning the procedure on the application.
(5) If a citizen applying for a certificate does not meet the procedural schedule adopted by the Secretary in a proceeding, the Secretary may extend the period for acting under paragraphs (3) and (4) of this subsection by a period equal to the period of delay caused by the citizen. In addition to an extension under this paragraph, an initial or recommended decision under paragraph (3) of this subsection may be delayed for not more than 30 days in extraordinary circumstances.
(c)
(2) A person opposing a citizen applying for a certificate must prove that the transportation referred to in section 41102(b)(2) of this title is not consistent with the public convenience and necessity. The transportation is deemed to be consistent with the public convenience and necessity unless the Secretary finds, by a preponderance of the evidence, that the transportation is not consistent with the public convenience and necessity.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1121.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41108(a) | 49 App.:1371(b). | Aug. 23, 1958, Pub. L. 85–726, §401(b), 72 Stat. 754; Oct. 24, 1978, Pub. L. 95–504, §6, 92 Stat. 1710. |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704. | |
| 41108(b) | 49 App.:1371(c). | Aug. 23, 1958, Pub. L. 85–726, 401(c), 72 Stat. 754; restated Oct. 24, 1978, Pub. L. 95–504, §7(a), 92 Stat. 1711. |
| 49 App.:1551(b)(1)(E). | ||
| 41108(c) | 49 App.:1371(d)(9). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §401(d)(9); added Oct. 24, 1978, Pub. L. 95–504, §14, 92 Stat. 1719. |
| 49 App.:1551(b)(1)(E). |
In subsection (a), the words “of public convenience and necessity under section 41102 of this title” are added for clarity.
In subsection (b)(1), before clause (A), the words “give due notice thereof to the public by” are omitted as surplus. The word “response” is substituted for “protest or memorandum” to eliminate unnecessary words. The words “requested by such application” are omitted as surplus. Clause (A) is substituted for 49 App.:1371(c)(1)(A) for clarity and consistency. Clause (B) is substituted for 49 App.:1371(c)(1)(B) to eliminate unnecessary words.
In subsection (b)(2), the words “An order of dismissal issued by the Secretary under paragraph (1)(C) of this subsection” are substituted for “Any order of dismissal of an application issued by the Board without setting such application for a hearing or beginning to make a determination with respect to such application under such simplified procedures” to eliminate unnecessary words.
In subsection (b)(3), before clause (A), the words “If the Secretary provides an opportunity for a hearing under paragraph (1)(A) of this subsection” are substituted for “If the Board determines that any application should be set for a public hearing under clause (A) of the second sentence of paragraph (1) of this subsection” to eliminate unnecessary words. The words “provides the opportunity” are substituted for “of such determination” for clarity. The words “for a certificate” are omitted as surplus. The words “to provide” are substituted for “to engage in” for consistency in the revised title.
In subsection (b)(4), the words “If the Secretary acts under paragraph (1)(B) of this subsection” are added for clarity. The words “after beginning the procedure on the application” are substituted for “after the Board begins to make a determination with respect to an application under the simplified procedures established by the Board in regulations pursuant to subsection (p) of this section” to eliminate unnecessary words.
In subsection (b)(5), the word “particular” is omitted as surplus. The words “by order” are omitted as surplus because of 5:ch. 5, subch. II.
In subsection (c)(1), the words “In any determination as to whether or not” are omitted as surplus. The word “provide” is substituted for “perform” for consistency in the revised title. The word “properly” is omitted as surplus. The word “comply” is substituted for “conform” for consistency in the revised title.
In subsection (c)(2), the words “In any determination as to whether” are omitted as surplus. The reference is to section 41102(b)(2), rather than 41102(a), of the revised title to reflect the termination of authority under 49 App.:1551(a)(1)(A).
§41109. Terms of certificates
(a)
(2) The Secretary of Transportation—
(A) may prescribe terms for providing air transportation under the certificate that the Secretary finds may be required in the public interest; but
(B) may not prescribe a term preventing an air carrier from adding or changing schedules, equipment, accommodations, and facilities for providing the authorized transportation to satisfy business development and public demand.
(3) A certificate issued under section 41102 of this title to provide foreign air transportation shall specify the places between which the air carrier is authorized to provide the transportation only to the extent the Secretary considers practicable and otherwise only shall specify each general route to be followed. The Secretary shall authorize an air carrier holding a certificate to provide foreign air transportation to handle and transport mail of countries other than the United States.
(4) A certificate issued under section 41102 of this title to provide foreign charter air transportation shall specify the places between which the air carrier is authorized to provide the transportation only to the extent the Secretary considers practicable and otherwise only shall specify each geographical area in which, or between which, the transportation may be provided.
(5) As prescribed by regulation by the Secretary, an air carrier other than a charter air carrier may provide charter trips or other special services without regard to the places named or type of transportation specified in its certificate.
(b)
(A) provide the carrier an opportunity for an oral evidentiary hearing on the record; or
(B) begin to consider the application under section 41111 of this title.
(2) The Secretary shall modify each term the Secretary finds to be inconsistent with the criteria under section 40101(a) and (b) of this title.
(3) An application under this subsection may not be dismissed under section 41108(b)(1)(C) of this title.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1123; Pub. L. 104–287, §5(70), Oct. 11, 1996, 110 Stat. 3396.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41109(a)(1) | 49 App.:1371(e)(1) (words before semicolon). | Aug. 23, 1958, Pub. L. 85–726, §401(e)(1), 72 Stat. 755; restated July 10, 1962, Pub. L. 87–528, §3, 76 Stat. 143. |
| 49 App.:1551(a)(1)(C). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(a)(1)(C); added Oct. 24, 1978, Pub. L. 95–504, §40(a), 92 Stat. 1744. | |
| 41109(a)(2) | 49 App.:1371(e)(1) (words after semicolon). | |
| 49 App.:1371(e)(4). | Aug. 23, 1958, Pub. L. 85–726, §401(e)(3), (4), 72 Stat. 755; restated July 10, 1962, Pub. L. 87–528, §3, 76 Stat. 143; Oct. 24, 1978, Pub. L. 95–504, §15(a), (b), 92 Stat. 1719. | |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704. | |
| 41109(a)(3) | 49 App.:1371(e)(2). | Aug. 23, 1958, Pub. L. 85–726, §401(e)(2), 72 Stat. 755; restated July 10, 1962, Pub. L. 87–528, §3, 76 Stat. 143; Feb. 15, 1980, Pub. L. 96–192, §5, 94 Stat. 37. |
| 49 App.:1551(b)(1)(E). | ||
| 41109(a)(4) | 49 App.:1371(e)(3). | |
| 49 App.:1551(b)(1)(E). | ||
| 41109(b) | 49 App.:1371(e)(7)(B). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §401(e)(7)(B); added Oct. 24, 1978, Pub. L. 95–504, §16, 92 Stat. 1720. |
| 49 App.:1551(b)(1)(E). |
In subsection (a)(1), the text of 49 App.:1371(e)(1) (words before semicolon related to terminal and intermediate points) is omitted as obsolete because of 49 App.:1551(a)(1)(C) and because interstate and overseas air transportation is no longer regulated. The words “type of” are added for clarity. The word “provided” is substituted for “rendered” for consistency in the revised title.
In subsection (a)(2), the words before clause (A) are added for clarity. Clause (A) is substituted for 49 App.:1371(e)(1) (words after semicolon) for clarity and consistency and to eliminate unnecessary words. In clause (B), the words “may not prescribe a term preventing” are substituted for “No term, condition, or limitation of a certificate shall restrict the right” for clarity and consistency. The word “providing” is substituted for “performing” for consistency in the revised title.
In subsection (a)(3) and (4), the word “places” is substituted for “points”, and the word “provide” is substituted for “engage in”, for consistency in the revised title. The words “terminal and intermediate” are omitted as surplus. The words “between which the air carrier is authorized to provide the transportation” are added for clarity and consistency.
In subsection (a)(3), the words “or routes” are omitted because of 1:1. The words “The Secretary” are added for clarity.
In subsection (a)(4), the words “or areas” are omitted because of 1:1.
In subsection (b), the words “condition, or limitation” are omitted as being included in “term”.
In subsection (b)(1), before clause (A), the word “modify” is substituted for “removal or modification” to eliminate unnecessary words. The word “provide” is substituted for “engage in” for consistency in the revised title. In clause (A), the words “provide the carrier an opportunity” are substituted for “set such application” for consistency in the revised title and with other titles of the United States Code. In clause (B), the words “the simplified procedures established by the Board in regulations pursuant to” are omitted as surplus.
Pub. L. 104–287
This amends 49:41109(a) to clarify the restatement of 49 App.:1371(e) by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1123).
Amendments
1996—Subsec. (a)(5). Pub. L. 104–287 added par. (5).
Effective Date of 1996 Amendment
Amendment by Pub. L. 104–287 effective July 5, 1994, see section 8(1) of Pub. L. 104–287, set out as a note under section 5303 of this title.
§41110. Effective periods and amendments, modifications, suspensions, and revocations of certificates
(a)
(A) the Secretary of Transportation suspends or revokes the certificate under this section;
(B) the end of the period the Secretary specifies for an air carrier having a certificate of temporary authority issued under section 41102(a)(2) of this title; or
(C) the Secretary certifies that transportation is no longer being provided under a certificate.
(2) On application or on the initiative of the Secretary and after notice and an opportunity for a hearing or, except as provided in paragraph (4) of this subsection, under section 41111 of this title, the Secretary may—
(A) amend, modify, or suspend any part of a certificate if the Secretary finds the public convenience and necessity require amendment, modification, or suspension; and
(B) revoke any part of a certificate if the Secretary finds that the holder of the certificate intentionally does not comply with this chapter, sections 41308–41310(a), 41501, 41503, 41504, 41506, 41510, 41511, 41701, 41702, 41705–41709, 41711, 41712, and 41731–41742, chapter 419, subchapter II of chapter 421, and section 46301(b) of this title, a regulation or order of the Secretary under any of those provisions, or a term of its certificate.
(3) The Secretary may revoke a certificate under paragraph (2)(B) of this subsection only if the holder of the certificate does not comply, within a reasonable time the Secretary specifies, with an order to the holder requiring compliance.
(4) A certificate to provide foreign air transportation may not be amended, modified, suspended, or revoked under section 41111 of this title if the holder of the certificate requests an oral evidentiary hearing or the Secretary finds, under all the facts and circumstances, that the hearing is required in the public interest.
(b)
(c)
(A) notifies the Secretary, under section 41734(a) of this title or a regulation of the Secretary, that it intends to suspend all transportation to that place; or
(B) does not provide regularly scheduled transportation to the place for 90 days immediately before the date the Secretary notifies the carrier of the action the Secretary proposes.
(2) Paragraph (1)(B) of this subsection does not apply to a place provided seasonal transportation comparable to the transportation provided during the prior year.
(d)
(1) review the performance of an air carrier issued a certificate under section 41102(c) of this title on the basis that the air carrier will provide innovative or low-priced air transportation under the certificate; and
(2) amend, modify, suspend, or revoke the certificate or authority under subsection (a)(2) or (c) of this section if the air carrier has not provided, or is not providing, the transportation.
(e)
(2) After notice and an opportunity for a hearing, the Secretary shall amend, modify, suspend, or revoke any part of a certificate issued under section 41102 of this title if the Secretary finds that the air carrier—
(A) is not fit, willing, and able to provide the transportation authorized by the certificate and to comply with this part and regulations of the Secretary; or
(B) does not file reports necessary for the Secretary to decide if the carrier is complying with the requirements of clause (A) of this paragraph.
(f)
(1) in consultation with appropriate departments, agencies, and instrumentalities of the United States Government, shall reexamine immediately the fitness of an air carrier that—
(A) violates the laws and regulations of the United States related to the illegal importation of a controlled substance; or
(B) does not adopt available measures to prevent the illegal importation of a controlled substance into the United States on its aircraft; and
(2) when appropriate, shall amend, modify, suspend, or revoke the certificate of the carrier issued under this chapter.
(g)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1123; Pub. L. 103–429, §6(50), Oct. 31, 1994, 108 Stat. 4384.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41110(a)(1) | 49 App.:1371(f). | Aug. 23, 1958, Pub. L. 85–726, §401(f), 72 Stat. 755; Oct. 24, 1978, Pub. L. 95–504, §§10(b), 17, 92 Stat. 1716, 1720. |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704. | |
| 41110(a) (2)–(4) | 49 App.:1371(g)(1). | Aug. 23, 1958, Pub. L. 85–726, §401(g), 72 Stat. 756; Oct. 24, 1978, Pub. L. 95–504, §18, 92 Stat. 1720; restated Feb. 15, 1980, Pub. L. 96–192, §6, 94 Stat 37. |
| 49 App.:1551(b)(1)(E). | ||
| 41110(b) | 49 App.:1388(b)(4). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §418(b)(4); added Nov. 9, 1977, Pub. L. 95–163, §17(a), 91 Stat. 1285. |
| 49 App.:1551(b)(1)(E). | ||
| 41110(c) | 49 App.:1371(g)(3). | |
| 49 App.:1551(b)(1)(E). | ||
| 41110(d) | 49 App.:1371(d)(8) (last sentence). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §401(d)(8) (last sentence); added Oct. 24, 1978, Pub. L. 95–504, §13, 92 Stat. 1719. |
| 49 App.:1551(a)(1)(B). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(a)(1)(B); added Oct. 24, 1978, Pub. L. 95–504, §40(a), 92 Stat. 1744. | |
| 49 App.:1551(b)(1)(E). | ||
| 41110(e) | 49 App.:1371(r) (related to certificate). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §401(r) (related to certificate); added Oct. 24, 1978, Pub. L. 95–504, §20(d)(1), 92 Stat. 1722. |
| 49 App.:1551(b)(1)(E). | ||
| 41110(f) | 49 App.:1371a (related to certificate). | Aug. 15, 1985, Pub. L. 99–88, §100 (1st complete par. related to certificate on p. 352), 99 Stat. 352. |
| 41110(g) | 49 App.:1371(g)(2). | |
| 49 App.:1551(b)(1)(E). |
In subsection (a)(1)(C), the words “transportation is no longer being provided under a certificate” are substituted for “operation thereunder has ceased” and “operations thereunder have ceased” for clarity and consistency.
In subsections (a)(2) and (e), the words “opportunity for a” are added for consistency in the revised title and with other titles of the United States Code.
In subsection (a)(2), before clause (A), the word “application” is substituted for “petition or complaint” for consistency in the revised title and with other titles of the Code and to eliminate unnecessary words. The words “except as provided in paragraph (4) of this subsection” are added for clarity. The words “the simplified procedures under” are omitted as surplus. In clause (A), the word “alter” is omitted as surplus. In clause (B), the reference to 49 App.:1372 is omitted from the cross-references of “this subchapter” because 49 App.:1372 is concerned with foreign air carrier permits and not relevant to air carrier certificate revocation. The word “rule” is omitted as being synonymous with “regulation”. The words “condition, or limitation” are omitted as surplus.
In subsection (a)(3), the words “to the provision, or to the order (other than an order issued in accordance with this sentence), rule, regulation, term, condition, or limitation found by the Board to have been violated” are omitted as surplus.
In subsection (a)(4), the word “provide” is substituted for “engage in” for consistency in the revised title. The words “altered” and “the simplified procedures of” are omitted as surplus.
In subsection (b), the words “to the extent of such service” are omitted as surplus. The word “provided” is substituted for “performed” for consistency in the revised title.
In subsection (c)(1), the word “place” is substituted for “point” for consistency in the revised title. In clause (A), the cross-reference is to section 41734(a) of the revised title for clarity because 49 App.:1371(j) is obsolete. The comparable provision is 49 App.:1389(b)(2), restated as section 41734(a). The words “provided by that carrier” are omitted as surplus. In clause (B), the word “immediately” is added for clarity.
In subsection (d)(2), the words “alter” and “the procedures prescribed in” are omitted as surplus.
In subsections (e) and (f)(2), the word “amend” is added for consistency.
In subsection (e), before clause (1), the words “The requirement that each applicant for a certificate or any other authority . . . shall be a continuing requirement applicable to each such air carrier with respect to the transportation authorized by the Board” are omitted as surplus. The words “by order” are omitted as unnecessary because of 5:ch. 5, subch. II. In clause (1), the word “provide” is substituted for “perform” for consistency in the revised title. The word “properly” is omitted as surplus. The word “comply” is substituted for “conform to” for consistency in the revised title. The word “rules” is omitted as being synonymous with “regulations”. The word “requirements” is omitted as surplus.
In subsection (f), before clause (1), the words “Notwithstanding any other provision of law” are omitted as surplus. The words “on and after August 15, 1985” are omitted as executed. In clause (1), before subclause (A), the words “law enforcement and other” are omitted as surplus. The words “departments, agencies, and instrumentalities of the United States Government” are substituted for “agencies” for consistency in the revised title and with other titles of the Code. The words “an air carrier” are substituted for “any carrier” for clarity. In clause (2), the words “of public convenience and necessity” are omitted as surplus. The words “issued under this chapter” are added for clarity.
In subsection (g), the word “response” is substituted for “protest or memorandum” to eliminate unnecessary words. The word “alteration” is omitted as surplus.
Pub. L. 103–429
This amends 49:41110(e) to clarify the restatement of 49 App.:1371(r) (related to certificate) by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1124).
Amendments
1994—Subsec. (e). Pub. L. 103–429 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “After notice and an opportunity for a hearing, the Secretary shall amend, modify, suspend, or revoke any part of a certificate issued under section 41102 of this title if the Secretary finds that the air carrier—
“(1) is not fit, willing, and able to continue to provide the transportation authorized by the certificate and to comply with this part and regulations of the Secretary; or
“(2) does not file reports necessary for the Secretary to decide if the carrier is complying with the requirements of clause (1) of this subsection.”
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
§41111. Simplified procedure to apply for, amend, modify, suspend, and transfer certificates
(a)
(A) acting on an application for a certificate to provide air transportation under section 41102 of this title; and
(B) amending, modifying, suspending, or transferring any part of that certificate under section 41105 or 41110(a) or (c) of this title.
(2) Regulations under this section shall provide for notice and an opportunity for each interested person to file appropriate written evidence and argument. An oral evidentiary hearing is not required to be provided under this section.
(b)
(c)
(A) deciding whether to use the simplified procedure; and
(B) making a decision on an action in which the procedure is used.
(2) The regulations may provide that written evidence and argument may be filed under section 41108(b) of this title as a part of a response opposing or supporting the issuance of a certificate.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1125.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41111(a) | 49 App.:1371(p)(1) (1st, 2d sentences). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §401(p); added Oct. 24, 1978, Pub. L. 95–504, §21(a)(1), 92 Stat. 1723. |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704. | |
| 41111(b) | 49 App.:1371(p)(2) (1st sentence). | |
| 49 App.:1551(b)(1)(E). | ||
| 41111(c) | 49 App.:1371(p)(1) (last sentence), (2) (last sentence). | |
| 49 App.:1551(b)(1)(E). |
In this section, the words “acting on” and “act on” are substituted for “disposition of” for consistency.
In subsection (a)(1)(A), the word “provide” is substituted for “engage in” for consistency in the revised title.
In subsection (a)(1)(B), the word “alteration” is omitted as surplus.
In subsection (a)(2), the word “adequate” is omitted as surplus.
In subsection (b), the words “to act on an application for a certificate to provide air transportation under section 41102 of this title, or to amend, modify, suspend, or transfer any part of that certificate under section 41105 or 41110(a) or (c) of this title” are added for clarity.
In subsection (c)(2), the words “by such person” are omitted as surplus. The words “a response opposing or supporting the issuance of a certificate” are substituted for “a protest or memorandum filed with respect to such application” for consistency.
§41112. Liability insurance and financial responsibility
(a)
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1126.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41112 | 49 App.:1371(q). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §401(q); added Oct. 24, 1978, Pub. L. 95–504, §20(d)(1), 92 Stat. 1722. |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704. |
In subsection (a), the words “citizen of the United States” and “citizen” are substituted for “applicant for such certificate or the air carrier” for clarity and consistency because only a citizen of the United States may be an “air carrier” as defined in section 40102(a) of the revised title and receive a certificate. The words “as the case may be” are omitted as surplus. The words “to provide air transportation as an air carrier under section 41102 of this title” are added for clarity. The words “approved by the Secretary” are substituted for “governing the filing and approval . . . in the amount prescribed by the Board” to eliminate unnecessary words. The words “The policy or plan must be sufficient to pay” are substituted for “which are conditioned to pay . . . amounts” for clarity. The words “for which such applicant or such air carrier may become liable for” are omitted as surplus.
In subsection (b), the word “passengers” is substituted for “travelers” for consistency in this chapter. The words “issued . . . under section 41102 of this title” are added for clarity. The word “arrangement” is omitted as surplus. The word “provide” is substituted for “perform” for consistency in the revised title.
§41113. Plans to address needs of families of passengers involved in aircraft accidents
(a)
(b)
(1) A plan for publicizing a reliable, toll-free telephone number, and for providing staff, to handle calls from the families of the passengers.
(2) A process for notifying the families of the passengers, before providing any public notice of the names of the passengers, either by utilizing the services of the organization designated for the accident under section 1136(a)(2) of this title or the services of other suitably trained individuals.
(3) An assurance that the notice described in paragraph (2) will be provided to the family of a passenger as soon as the air carrier has verified that the passenger was aboard the aircraft (whether or not the names of all of the passengers have been verified) and, to the extent practicable, in person.
(4) An assurance that the air carrier will provide to the director of family support services designated for the accident under section 1136(a)(1) of this title, and to the organization designated for the accident under section 1136(a)(2) of this title, immediately upon request, a list (which is based on the best available information at the time of the request) of the names of the passengers aboard the aircraft (whether or not such names have been verified), and will periodically update the list.
(5) An assurance that the family of each passenger will be consulted about the disposition of all remains and personal effects of the passenger within the control of the air carrier.
(6) An assurance that if requested by the family of a passenger, any possession of the passenger within the control of the air carrier (regardless of its condition) will be returned to the family unless the possession is needed for the accident investigation or any criminal investigation.
(7) An assurance that any unclaimed possession of a passenger within the control of the air carrier will be retained by the air carrier for at least 18 months.
(8) An assurance that the family of each passenger will be consulted about construction by the air carrier of any monument to the passengers, including any inscription on the monument.
(9) An assurance that the treatment of the families of nonrevenue passengers (and any other victim of the accident) will be the same as the treatment of the families of revenue passengers.
(10) An assurance that the air carrier will work with any organization designated under section 1136(a)(2) of this title on an ongoing basis to ensure that families of passengers receive an appropriate level of services and assistance following each accident.
(11) An assurance that the air carrier will provide reasonable compensation to any organization designated under section 1136(a)(2) of this title for services provided by the organization.
(12) An assurance that the air carrier will assist the family of a passenger in traveling to the location of the accident and provide for the physical care of the family while the family is staying at such location.
(13) An assurance that the air carrier will commit sufficient resources to carry out the plan.
(14) An assurance that, upon request of the family of a passenger, the air carrier will inform the family of whether the passenger's name appeared on a preliminary passenger manifest for the flight involved in the accident.
(15) An assurance that the air carrier will provide adequate training to the employees and agents of the carrier to meet the needs of survivors and family members following an accident.
(16) An assurance that the air carrier, in the event that the air carrier volunteers assistance to United States citizens within the United States with respect to an aircraft accident outside the United States involving major loss of life, will consult with the Board and the Department of State on the provision of the assistance.
(17)(A) An assurance that, in the case of an accident that results in significant damage to a manmade structure or other property on the ground that is not government-owned, the air carrier will promptly provide notice, in writing, to the extent practicable, directly to the owner of the structure or other property about liability for any property damage and means for obtaining compensation.
(B) At a minimum, the written notice shall advise an owner (i) to contact the insurer of the property as the authoritative source for information about coverage and compensation; (ii) to not rely on unofficial information offered by air carrier representatives about compensation by the air carrier for accident-site property damage; and (iii) to obtain photographic or other detailed evidence of property damage as soon as possible after the accident, consistent with restrictions on access to the accident site.
(18) An assurance that, in the case of an accident in which the National Transportation Safety Board conducts a public hearing or comparable proceeding at a location greater than 80 miles from the accident site, the air carrier will ensure that the proceeding is made available simultaneously by electronic means at a location open to the public at both the origin city and destination city of the air carrier's flight if that city is located in the United States.
(c)
(d)
(e)
(f)
(Added Pub. L. 104–264, title VII, §703(a), Oct. 9, 1996, 110 Stat. 3267; amended Pub. L. 106–181, title IV, §402(a)(1)–(3), (5)–(c), Apr. 5, 2000, 114 Stat. 129, 130; Pub. L. 108–176, title VIII, §809(a), Dec. 12, 2003, 117 Stat. 2588.)
Amendments
2003—Subsec. (b)(16). Pub. L. 108–176, §809(a)(1), struck out “the air carrier” after “major loss of life,”.
Subsec. (b)(17), (18). Pub. L. 108–176, §809(a)(2), added pars. (17) and (18).
2000—Subsec. (a). Pub. L. 106–181, §402(a)(5)(A), substituted “Each air carrier” for “Not later than 6 months after the date of the enactment of this section, each air carrier”.
Subsec. (b)(14) to (16). Pub. L. 106–181, §402(a)(1)–(3), added pars. (14) to (16).
Subsec. (c). Pub. L. 106–181, §402(a)(5)(B), substituted “The Secretary” for “After the date that is 6 months after the date of the enactment of this section, the Secretary”.
Subsec. (d). Pub. L. 106–181, §402(b), inserted “, or in providing information concerning a preliminary passenger manifest,” before “pursuant to a plan”.
Subsec. (f). Pub. L. 106–181, §402(c), added subsec. (f).
Effective Date of 2003 Amendment
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
Effective Date of 2000 Amendment
Amendment by section 402(a)(5)(B) to (c) of Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
Pub. L. 106–181, title IV, §402(a)(4), Apr. 5, 2000, 114 Stat. 130, provided that: “The amendments made by paragraphs (1), (2), and (3) [amending this section] shall take effect on the 180th day following the date of the enactment of this Act [Apr. 5, 2000]. On or before such 180th day, each air carrier holding a certificate of public convenience and necessity under section 41102 of title 49, United States Code, shall submit to the Secretary [of Transportation] and the Chairman of the National Transportation Safety Board an updated plan under section 41113 of such title that meets the requirements of the amendments made by paragraphs (1), (2), and (3).”
Effective Date
Except as otherwise specifically provided, section applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as an Effective Date of 1996 Amendment note under section 106 of this title.
Update Plans
Pub. L. 108–176, title VIII, §809(c), Dec. 12, 2003, 117 Stat. 2589, provided that: “Air carriers and foreign air carriers shall update their plans under sections 41113 and 41313 of title 49, United States Code, respectively, to reflect the amendments made by subsections (a) and (b) of this section [amending this section and section 41313 of this title] not later than 90 days after the date of enactment of this Act [Dec. 12, 2003].”
Establishment of Task Force
Section 704 of Pub. L. 104–264 provided that:
“(a)
“(b)
“(1) guidelines to assist air carriers in responding to aircraft accidents;
“(2) recommendations on methods to ensure that attorneys and representatives of media organizations do not intrude on the privacy of families of passengers involved in an aircraft accident;
“(3) recommendations on methods to ensure that the families of passengers involved in an aircraft accident who are not citizens of the United States receive appropriate assistance;
“(4) recommendations on methods to ensure that State mental health licensing laws do not act to prevent out-of-state mental health workers from working at the site of an aircraft accident or other related sites;
“(5) recommendations on the extent to which military experts and facilities can be used to aid in the identification of the remains of passengers involved in an aircraft accident; and
“(6) recommendations on methods to improve the timeliness of the notification provided by air carriers to the families of passengers involved in an aircraft accident, including—
“(A) an analysis of the steps that air carriers would have to take to ensure that an accurate list of passengers on board the aircraft would be available within 1 hour of the accident and an analysis of such steps to ensure that such list would be available within 3 hours of the accident;
“(B) an analysis of the added costs to air carriers and travel agents that would result if air carriers were required to take the steps described in subparagraph (A);
“(C) an analysis of any inconvenience to passengers, including flight delays, that would result if air carriers were required to take the steps described in subparagraph (A); and
“(D) an analysis of the implications for personal privacy that would result if air carriers were required to take the steps described in subparagraph (A).
“(c)
Limitation on Statutory Construction
Section 705 of title VII of Pub. L. 104–264 provided that: “Nothing in this title [enacting this section and section 1136 of this title, amending section 1155 of this title, and enacting provisions set out as notes under this section and section 40101 of this title] or any amendment made by this title may be construed as limiting the actions that an air carrier may take, or the obligations that an air carrier may have, in providing assistance to the families of passengers involved in an aircraft accident.”
CHAPTER 413—FOREIGN AIR TRANSPORTATION
Amendments
1997—Pub. L. 105–148, §1(b), Dec. 16, 1997, 111 Stat. 2683, added item 41313.
1994—Pub. L. 103–429, §6(51)(B), Oct. 31, 1994, 108 Stat. 4385, added item 41312.
Pub. L. 103–305, title II, §205(a)(2), Aug. 23, 1994, 108 Stat. 1583, added item 41311.
§41301. Requirement for a permit
A foreign air carrier may provide foreign air transportation only if the foreign air carrier holds a permit issued under this chapter authorizing the foreign air transportation.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1126.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41301 | 49 App.:1372(a). | Aug. 23, 1958, Pub. L. 85–726, §402(a), 72 Stat. 757. |
The word “provide” is substituted for “engage in” for consistency in the revised title. The word “holds” is substituted for “there is in force” to eliminate unnecessary words.
§41302. Permits of foreign air carriers
The Secretary of Transportation may issue a permit to a person (except a citizen of the United States) authorizing the person to provide foreign air transportation as a foreign air carrier if the Secretary finds that—
(1) the person is fit, willing, and able to provide the foreign air transportation to be authorized by the permit and to comply with this part and regulations of the Secretary; and
(2)(A) the person is qualified, and has been designated by the government of its country, to provide the foreign air transportation under an agreement with the United States Government; or
(B) the foreign air transportation to be provided under the permit will be in the public interest.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1126.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41302 | 49 App.:1372(b). | Aug. 23, 1958, Pub. L. 85–726, §402(b), 72 Stat. 758; restated Feb. 15, 1980, Pub. L. 96–192, §7, 94 Stat. 38. |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704. |
In this section, before clause (1), the words “person (except a citizen of the United States)” and “person” are substituted for “applicant” for clarity and consistency because only a person other than a United States citizen may be a “foreign air carrier” as defined in section 40102(a) of the revised title. In clauses (1) and (2), the word “provide” is substituted for “perform” for consistency in the revised title. In clause (1), the word “properly” is omitted as surplus. The word “comply” is substituted for “conform” for consistency in the revised title. The word “rules” is omitted as being synonymous with “regulations”. The word “requirements” is omitted as surplus. In clause (2)(A), the words “government of its country” are substituted for “its government” for consistency in the revised title and with other titles of the United States Code.
§41303. Transfers of permits
A permit issued under section 41302 of this title may be transferred only when the Secretary of Transportation approves the transfer because the transfer is in the public interest.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1127.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41303 | 49 App.:1372(g). | Aug. 23, 1958, Pub. L. 85–726, §402(g), 72 Stat. 758. |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704. |
§41304. Effective periods and amendments, modifications, suspensions, and revocations of permits
(a)
(b)
(1) may suspend summarily the permits of foreign air carriers of a foreign country, or amend, modify, or limit the operations of the foreign air carriers under the permits, when the Secretary finds—
(A) the action is in the public interest; and
(B) the government, an aeronautical authority, or a foreign air carrier of the foreign country, over the objection of the United States Government, has—
(i) limited or denied the operating rights of an air carrier; or
(ii) engaged in unfair, discriminatory, or restrictive practices that have a substantial adverse competitive impact on an air carrier related to air transportation to, from, through, or over the territory of the foreign country; and
(2) to make this subsection effective, may restrict operations between the United States and the foreign country by a foreign air carrier of a third country.
(c)
(1) in consultation with appropriate departments, agencies, and instrumentalities of the Government, shall reexamine immediately the fitness of a foreign air carrier that—
(A) violates the laws and regulations of the United States related to the illegal importation of a controlled substance; or
(B) does not adopt available measures to prevent the illegal importation of a controlled substance into the United States on its aircraft; and
(2) when appropriate, shall amend, modify, suspend, or revoke the permit of the carrier issued under this chapter.
(d)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1127.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41304(a) | 49 App.:1372(e) (related to duration of permits). | Aug. 23, 1958, Pub. L. 85–726, §402(e) (related to duration of permits), 72 Stat. 758. |
| 49 App.:1372(f)(1) (1st sentence). | Aug. 23, 1958, Pub. L. 85–726, §402(f)(1), 72 Stat. 758; Feb. 15, 1980, Pub. L. 96–192, §9, 94 Stat. 38. | |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704. | |
| 41304(b) | 49 App.:1372(f)(2). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §402(f)(2); added Feb. 15, 1980, Pub. L. 96–192, §9, 94 Stat. 38. |
| 49 App.:1551(b)(1)(E). | ||
| 41304(c) | 49 App.:1371a (related to permit). | Aug. 15, 1985, Pub. L. 99–88, §100 (1st complete par. related to permit on p. 352), 99 Stat. 352. |
| 41304(d) | 49 App.:1372(f)(1) (last sentence). | |
| 49 App.:1551(b)(1)(E). |
In subsection (a), the words “altered” and “cancelled” are omitted as surplus.
In subsection (b)(1), before clause (A), the words “alter” and “condition” are omitted as surplus. In clause (B)(i) and (ii), the words “United States” before “air carriers” and “carriers” are omitted as surplus and for consistency because only a citizen of the United States may be an “air carrier” as defined in section 40102(a) of the revised title. In clause (B)(i), the word “impaired” is omitted as surplus.
In subsection (c), before clause (1), the words “Notwithstanding any other provision of law” are omitted as surplus. The words “on and after August 15, 1985” are omitted as executed. In clause (1), before subclause (A), the words “law enforcement and other” are omitted as surplus. The words “departments, agencies, and instrumentalities of the Government” are substituted for “agencies” for consistency in the revised title and with other titles of the Code. The words “a foreign air carrier” are substituted for “any carrier” for clarity. In clause (2), the words “of public convenience and necessity” are omitted as surplus. The word “amend” is added for consistency. The words “issued under this chapter” are added for clarity.
In subsection (d), the word “response” is substituted for “protest or memorandum” to eliminate unnecessary words. The words “alteration” and “cancellation” are omitted as surplus.
§41305. Applications for permits
(a)
(A) verified;
(B) in a certain form and contain certain information;
(C) served on interested persons; and
(D) accompanied by proof of service on those persons.
(2) When an application is filed, the Secretary shall post a notice of the application in the office of the Secretary and give notice of the application to other persons as required by regulations of the Secretary. An interested person may file a response with the Secretary opposing or supporting the issuance of the permit. The Secretary shall act on an application as expeditiously as possible.
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1127.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41305(a)(1) | 49 App.:1372(c). | Aug. 23, 1958, Pub. L. 85–726, §402(c), (e) (related to terms, conditions, or limitations of permits), 72 Stat. 758. |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704. | |
| 41305(a)(2) | 49 App.:1372(d). | Aug. 23, 1958, Pub. L. 85–726, §402(d), 72 Stat. 758; Feb. 15, 1980, Pub. L. 96–192, §8, 94 Stat. 38. |
| 49 App.:1551(b)(1)(E). | ||
| 41305(b) | 49 App.:1372(e) (related to terms, conditions, or limitations of permits). | |
| 49 App.:1551(b)(1)(E). |
In subsection (a)(1), before clause (A), the words “A person must apply . . . to the Secretary of Transportation to be issued a permit under section 41302 of this title” are added for clarity. Clause (C) is added for clarity.
In subsection (a)(2), the words “give due notice thereof to the public by” are omitted as surplus. The word “response” is substituted for “protest or memorandum” to eliminate unnecessary words. The word “expeditiously” is substituted for “speedily” for consistency in this chapter.
In subsection (b), the words “reasonable” and “conditions, or limitations” are omitted as surplus. The words “for providing foreign air transportation” are added for clarity.
§41306. Simplified procedure to apply for, amend, modify, and suspend permits
(a)
(1) acting on an application for a permit to provide foreign air transportation under section 41302 of this title; and
(2) amending, modifying, or suspending any part of that permit under section 41304(a) or (b) of this title.
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1128.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41306(a) | 49 App.:1372(h) (1st sentence). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §402(h); added Oct. 24, 1978, Pub. L. 95–504, §21(b)(1), 92 Stat. 1723. |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704. | |
| 41306(b) | 49 App.:1372(h) (last sentence). |
In subsection (a)(1), the words “acting on” are substituted for “disposition of” for consistency. The word “provide” is substituted for “engage in” for consistency in the revised title.
In subsection (a)(2), the word “alteration” is omitted as surplus. The word “transfer” is omitted because 49 App.:1372(f) does not cover transfer of a permit.
In subsection (b), the word “adequate” is omitted as surplus.
§41307. Presidential review of actions about foreign air transportation
The Secretary of Transportation shall submit to the President for review each decision of the Secretary to issue, deny, amend, modify, suspend, revoke, or transfer a certificate issued under section 41102 of this title authorizing an air carrier, or a permit issued under section 41302 of this title authorizing a foreign air carrier, to provide foreign air transportation. The President may disapprove the decision of the Secretary only if the reason for disapproval is based on foreign relations or national defense considerations that are under the jurisdiction of the President. The President may not disapprove a decision of the Secretary if the reason is economic or related to carrier selection. A decision of the Secretary—
(1) is void if the President disapproves the decision and publishes the reasons (to the extent allowed by national security) for disapproval not later than 60 days after it is submitted to the President; or
(2)(A) takes effect as a decision of the Secretary if the President does not disapprove the decision not later than 60 days after the decision is submitted to the President; and
(B) when effective, may be reviewed judicially under section 46110 of this title.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1128.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41307 | 49 App.:1461(a). | Aug. 23, 1958, Pub. L. 85–726, §801(a), 72 Stat. 782; Mar. 22, 1972, Pub. L. 92–259, §2, 86 Stat. 96; restated Oct. 24, 1978, Pub. L. 95–504, §34, 92 Stat. 1740. |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704. |
In this section, before clause (1), the word “cancellation” is omitted as surplus. The word “modify” is added for consistency. The words “and the terms, conditions, and limitations contained in” are omitted as surplus. The words “issued under section 41102 of this title” are added for clarity. The word “provide” is substituted for “engage in” for consistency in the revised title. In clause (1), the words “null and” are omitted as surplus. The word “publishes” is substituted for “issued in a public document” to eliminate unnecessary words. In clause (2)(A), the words “not the President” are omitted as surplus.
Executive Order No. 11920
Ex. Ord. No. 11920, June 10, 1976, 41 F.R. 23665, which provided for establishment of Executive branch procedures to facilitate review of submitted decisions, was revoked by Ex. Ord. No. 12547, Feb. 6, 1986, 51 F.R. 5029.
Executive Order No. 12547
Ex. Ord. No. 12547, Feb. 6, 1986, 51 F.R. 5029, which provided for establishment of procedures to facilitate Presidential review of international aviation decisions submitted by Department of Transportation, was revoked by Ex. Ord. No. 12597, May 13, 1987, 52 F.R. 18335, set out below.
Ex. Ord. No. 12597. Establishing Procedures for Facilitating Presidential Review of International Aviation Decisions by the Department of Transportation
Ex. Ord. No. 12597, May 13, 1987, 52 F.R. 18335, provided:
By the authority vested in me as President by the Constitution and laws of the United States of America, including Section 801 of the Federal Aviation Act, as amended (49 U.S.C. app. §1461) [see 49 U.S.C. 41307, 41509(f)], and in order to provide presidential guidance to department and agency heads and facilitate presidential review of decisions by the Department of Transportation pursuant to the Federal Aviation Act [see 49 U.S.C. 40101 et seq.], it is hereby ordered as follows:
(b) In the interests of national security, and in order to allow for consideration of appropriate action under Executive Order No. 12356 [50 U.S.C. 435 note], decisions of the DOT transmitted to Executive departments and agencies pursuant to section 3(c) of this Order shall be withheld from public disclosure for a period not to exceed 5 days after said transmission.
(c) At the same time that decisions of the DOT are received by the Secretary of Transportation pursuant to section 2 of this Order, the DOT shall transmit copies thereof to the Secretary of State, the Secretary of Defense, the Secretary of the Treasury, the Attorney General, the Assistant to the President for National Security Affairs, the Director of the Office of Management and Budget, and any other Executive department or agency that the DOT deems appropriate.
(d) The Secretary of State and the Secretary of Defense, or their designees, shall review the decisions of the DOT transmitted pursuant to section 3(c) of this Order and shall promptly advise the Assistant to the President for National Security Affairs or his designee whether action pursuant to Executive Order No. 12356 is deemed appropriate. If, after considering these recommendations, the Assistant to the President for National Security Affairs determines that classification under Executive Order No. 12356 is appropriate, he shall take such action and immediately so inform the DOT. Action pursuant to this subsection shall be completed by the persons designated herein within 5 days of the transmission of the decision.
(e) On and after the 6th day following transmission of a DOT decision pursuant to section 3(c) of this Order, or upon earlier notification by the Assistant to the President for National Security Affairs or his designee, the DOT is authorized to disclose all unclassified portions of the text of such decision. Nothing in this section is intended to affect the ability to withhold material under any Executive order or statute other than Section 801.
(b) Departments and agencies outside of the Executive Office of the President that identify matters of national defense or foreign relations while a decision is pending before the DOT shall, except as confidentiality is required for reasons of defense or foreign policy, make those matters known to the DOT in the course of its proceedings.
(b) Departments or agencies outside of the Executive Office of the President making recommendations on matters of national defense or foreign relations with respect to any decision received by the Secretary of Transportation under section 2 of this Order shall submit their recommendations in writing to the DOT: (1) within 4 days of the DOT's issuance of a decision subject to a 10-day statutory review period under Section 801(b) [see 49 U.S.C. 41509(f)]; and (2) within 21 days of the DOT's issuance of a decision subject to a 60-day statutory review period under Section 801(a) [see 49 U.S.C. 41307]; or (3) in exceptional cases, within the period specified by the DOT in its letter of transmittal.
(c) The DOT shall, as soon as practical after the deadlines specified in section 5(b) of this Order: (1) if no recommendations for disapproval or for a statement of reasons are received from the departments and agencies specified in section 3(c) of this Order, issue its decision to become effective according to its terms; or (2) if recommendations for disapproval or for a statement of reasons are received, transmit them to the Assistant to the President for National Security Affairs, who, upon review, shall transmit a memorandum to the President with a recommendation as to whether or not the President should disapprove the proposed decision.
(b) If any department or agency that made recommendations to the President pursuant to Section 801 believes that, if the President decides not to disapprove a decision, the letter so advising the DOT should include a statement that the decision not to disapprove was based on national defense or foreign relations reasons, it should so indicate separately and explain why.
(a) establish public dockets for all written communications (other than those requiring confidential treatment for defense or foreign policy reasons) between their officers and employees and private parties in connection with the preparation of such recommendations; and
(b) prescribe such other procedures governing oral and written communications as they deem appropriate.
Ronald Reagan.
§41308. Exemption from the antitrust laws
(a)
(b)
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1128.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41308 | 49 App.:1384. | Aug. 23, 1958, Pub. L. 85–726, §414, 72 Stat. 770; restated Oct. 24, 1978, Pub. L. 95–504, §30(a), 92 Stat. 1731; Feb. 15, 1980, Pub. L. 96–192, §27, 94 Stat. 47. |
| 49 App.:1551(a)(6) (related to 49 App.:1384). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(a)(6) (related to §414); added Oct. 4, 1984, Pub. L. 98–443, §3(c), 98 Stat. 1704. | |
| 49 App.:1551(b)(1)(C) (related to 49 App.:1384). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(C) (related to §414); added Oct. 24, 1978, Pub. L. 95–504, §40(a), 92 Stat. 1745; Oct. 14, 1982, Pub. L. 97–309, §4(b), 96 Stat. 1454; Oct. 4, 1984, Pub. L. 98–443, §3(a), 98 Stat. 1703. |
Subsection (a) is substituted for “the ‘anti-trust laws’ set forth in subsection (a) of section 12 of title 15” for consistency in the revised title and with other titles of the United States Code.
In subsection (b), reference to 49 App.:1378 and 1379 is omitted as obsolete.
§41309. Cooperative agreements and requests
(a)
(b)
(1) or, after periodic review, end approval of, an agreement, request, modification, or cancellation, that substantially reduces or eliminates competition unless the Secretary finds that—
(A) the agreement, request, modification, or cancellation is necessary to meet a serious transportation need or to achieve important public benefits (including international comity and foreign policy considerations); and
(B) the transportation need cannot be met or those benefits cannot be achieved by reasonably available alternatives that are materially less anticompetitive; or
(2) an agreement that—
(A) is between an air carrier not directly operating aircraft in foreign air transportation and a carrier subject to subtitle IV of this title; and
(B) governs the compensation the carrier may receive for the transportation.
(c)
(2) In a proceeding before the Secretary of Transportation applying standards under subsection (b)(1) of this section, a party opposing an agreement, request, modification, or cancellation has the burden of proving that it substantially reduces or eliminates competition and that less anticompetitive alternatives are available. The party defending the agreement, request, modification, or cancellation has the burden of proving the transportation need or public benefits.
(3) The Secretary of Transportation shall include the findings required by subsection (b)(1) of this section in an order of the Secretary approving or disapproving an agreement, request, modification, or cancellation.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1129; Pub. L. 104–88, title III, §308(l), Dec. 29, 1995, 109 Stat. 948; Pub. L. 104–287, §5(71), Oct. 11, 1996, 110 Stat. 3396.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41309(a) | 49 App.:1382(a)(1). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §412(a), (b); added Oct. 24, 1978, Pub. L. 95–504, §28(c), 92 Stat. 1729; Feb. 15, 1980, Pub. L. 96–192, §11, 94 Stat. 39. |
| 49 App.:1551(a)(6) (related to 49 App.:1382). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(a)(6) (related to §412); added Oct. 4, 1984, Pub. L. 98–443, §3(c), 98 Stat. 1704. | |
| 49 App.:1551(b)(1)(C) (related to 49 App.:1382(a)). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(C) (related to §412(a), (b)); added Oct. 24, 1978, Pub. L. 95–504, §40(a), 92 Stat. 1745; Oct. 14, 1982, Pub. L. 97–309, §4(b), 96 Stat. 1454; Oct. 4, 1984, Pub. L. 98–443, §3(a), 98 Stat. 1703. | |
| 41309(b) | 49 App.:1382(a)(2)(A). | |
| 49 App.:1551(a)(6), (b)(1)(C) (as 1551(a)(6), (b)(1)(C) relates to 49 App.:1382(a)). | ||
| 41309(c)(1) | 49 App.:1382(b). | |
| 49 App.:1551(a)(6), (b)(1)(C) (as 1551(a)(6), (b)(1)(C) relates to 49 App.:1382(b)). | ||
| 41309(c)(2) | 49 App.:1382(a)(2)(B). | |
| 41309(c)(3) | 49 App.:1382(a)(2)(C). | |
| 49 App.:1551(a)(6), (b)(1)(C) (as 1551(a)(6), (b)(1)(C) relates to 49 App.:1382(a)). |
In this section, the word “contract” is omitted as being included in “agreement”.
In subsection (a), the words “(whether enforceable by provisions for liquidated damages, penalties, bonds, or otherwise)” are omitted as surplus. The words “(except an agreement related to interstate air transportation)” and “(except arrangements related to interstate air transportation)” are added because of 49 App.:1551(a)(6) (related to 49 App.:1382). The word “working” is omitted as surplus. The words “in force on October 24, 1978, or thereafter entered into” are omitted as executed. The words “and any modification or cancellation of an agreement” are substituted for “or any modification or cancellation thereof” for clarity and consistency.
In subsection (b), before clause (1), the words “The Board shall by order disapprove any contract, agreement, or request . . . that it finds to be adverse to the public interest or in violation of this chapter” are omitted as surplus because of the language restated in this subsection that sets out the requirements for approval by the Secretary of Transportation before the antitrust exemption is effective. The words “whether or not previously approved by it” are omitted as surplus because of the language in clause (1) requiring periodic review and continuing approval. The words “by order” are omitted as unnecessary because of 5:ch. 5, subch. II. The text of 49 App.:1382(a)(2)(A)(iii) is omitted as obsolete because of 49 App.:1551(a)(6) (related to 49 App.:1382).
In subsection (c)(1), the words “in accordance with regulations which it prescribes” are omitted as surplus. The words “in accordance with regulations prescribed by the Board” are omitted as surplus.
Pub. L. 104–287
This amends 49:41309(b)(2)(B) for consistency in the subsection.
Amendments
1996—Subsec. (b)(2)(B). Pub. L. 104–287 substituted “carrier” for “common carrier”.
1995—Subsec. (b)(2)(A). Pub. L. 104–88 substituted “a carrier” for “a common carrier”.
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 701 of this title.
Air Transportation Arrangements in Certain States
Pub. L. 107–71, title I, §116, Nov. 19, 2001, 115 Stat. 624, which related to air transportation arrangements for flights that both originate and terminate at points within the same State, was repealed by Pub. L. 107–273, div. C, title IV, §14102(g), Nov. 2, 2002, 116 Stat. 1922.
§41310. Discriminatory practices
(a)
(b)
(2) The Secretary of the Treasury shall maintain an account to credit money collected under paragraph (1) of this subsection. An air carrier shall be paid from the account an amount certified by the Secretary of Transportation to compensate the air carrier for the discriminatory charge paid to the government.
(c)
(A) is an unjustifiable or unreasonable discriminatory, predatory, or anticompetitive practice against an air carrier; or
(B) imposes an unjustifiable or unreasonable restriction on access of an air carrier to a foreign market.
(2) The Secretary of Transportation may deny, amend, modify, suspend, revoke, or transfer under paragraph (1) of this subsection a foreign air carrier permit or tariff under section 41302, 41303, 41304(a), 41504(c), 41507, or 41509 of this title.
(d)
(A) negotiations with the government have progressed to a point that a satisfactory resolution of the complaint appears imminent;
(B) an air carrier or computer reservations system firm has not been subjected to economic injury by the government or entity as a result of filing the complaint; and
(C) the public interest requires additional time before the Secretary acts on the complaint.
(2) In carrying out paragraph (1) of this subsection and subsection (c) of this section, the Secretary of Transportation shall—
(A) solicit the views of the Secretaries of Commerce and State and the United States Trade Representative;
(B) give an affected air carrier or foreign air carrier reasonable notice and an opportunity to submit written evidence and arguments within the time limits of this subsection; and
(C) submit to the President under section 41307 or 41509(f) of this title actions proposed by the Secretary of Transportation.
(e)
(A) take appropriate action to eliminate any discrimination or unfair competitive practice found to exist; and
(B) request Congress to enact legislation when the authority to eliminate the discrimination or unfair practice is inadequate.
(2) The Secretary of Transportation shall report to Congress annually on each action taken under paragraph (1) of this subsection and on the continuing program to eliminate discrimination and unfair competitive practices. The Secretaries of State and the Treasury each shall give the Secretary of Transportation information necessary to prepare the report.
(f)
(g)
(1) is an unjustifiable or unreasonable discriminatory, predatory, or anticompetitive practice against a computer reservations system firm whose principal offices are located inside the United States; or
(2) imposes an unjustifiable or unreasonable restriction on access of such a computer reservations system to a foreign market.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1130; Pub. L. 104–287, §5(9), Oct. 11, 1996, 110 Stat. 3389; Pub. L. 106–181, title VII, §741, Apr. 5, 2000, 114 Stat. 174.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41310(a) | 49 App.:1374(b). | Aug. 23, 1958, Pub. L. 85–726, §404(b), 72 Stat. 760. |
| 49 App.:1551(a)(4)(C) (related to 49 App.:1374(b)). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(a)(4)(C) (related to §404(b)); added Oct. 4, 1984, Pub. L. 98–443, §3(c), 98 Stat. 1703. | |
| 41310(b) | 49 App.:1159a. | June 16, 1948, ch. 473, 62 Stat. 450, §11; added Jan. 3, 1975, Pub. L. 93–623, §3, 88 Stat. 2103; Oct. 4, 1984, Pub. L. 98–443, §9(c), 98 Stat. 1706. |
| 41310(c) | 49 App.:1159b(b)(1). | Jan. 3, 1975, Pub. L. 93–623, 88 Stat. 2102, §2(b)(1), (2), (4); added Feb. 15, 1980, Pub. L. 96–192, §23, 94 Stat. 45; Oct. 4, 1984, Pub. L. 98–443, §9(d)(2), (3), 98 Stat. 1707; Aug. 23, 1988, Pub. L. 100–418, §§10011, 10012(1), (2), 102 Stat. 1573. |
| 41310(d)(1) | 49 App.:1159b(b)(2), (4). | |
| 41310(d)(2) | 49 App.:1159b(b)(3). | Jan. 3, 1975, Pub. L. 93–623, 88 Stat. 2102, §2(b)(3), (e); added Aug. 23, 1988, Pub. L. 100–418, §§10012(3), 10013, 102 Stat. 1573. |
| 41310(e)(1) | 49 App.:1159b(a). | Jan. 3, 1975, Pub. L. 93–623, §2(a), 88 Stat. 2102; Oct. 4, 1984, Pub. L. 98–443, §9(d)(1), 98 Stat. 1706. |
| 49 App.:1159b(c). | Jan. 3, 1975, Pub. L. 93–623, §2(c), 88 Stat. 2103; Feb. 15, 1980, Pub. L. 96–192, §23, 94 Stat. 45. | |
| 41310(e)(2) | 49 App.:1159b(d). | Jan. 3, 1975, Pub. L. 93–623, §2(d), 88 Stat. 2103; Feb. 15, 1980, Pub. L. 96–192, §23, 94 Stat. 45; Oct. 4, 1984, Pub. L. 98–443, §9(d)(2), (4), 98 Stat. 1707. |
| 41310(f) | 49 App.:1159b(e). |
In subsection (a), the words “may not subject . . . to unreasonable discrimination” are substituted for “No . . . shall make, give, or cause any undue or unreasonable preference or advantage . . . in any respect whatsoever or subject . . . to any unjust discrimination or any undue or unreasonable prejudice or disadvantage in any respect whatsoever” to eliminate unnecessary words. The words “foreign air transportation” are substituted for “air transportation” because 49 App.:1551(a)(4)(C) provides that 49 App.:1374 no longer applies to interstate or overseas air transportation except insofar as 49 App.:1374 requires air carriers to provide safe and adequate service.
In subsection (b)(1), the words “at any time”, “unreasonably exceed comparable charges for furnishing such airport property or airway property in the United States or are otherwise” and “reduce such charges or” are omitted as surplus. The words “the Secretary of State shall promptly report such instances to” are omitted as surplus because the Secretary of Transportation is involved in the negotiations and aware of the failure to end the discrimination. The words “excessive or” are omitted as surplus. The words “or carriers” are omitted because of 1:1.
In subsection (b)(2), the words “in accordance with such regulations as he shall adopt” are omitted as surplus because of 49:322(a). The words “by them” are omitted as surplus.
In subsections (c)–(e), the words “United States” before “air carriers” and “air carrier” are omitted as surplus and for consistency because only a citizen of the United States may be an “air carrier” as defined in section 40102(a) of the revised title and because 49 App.:1301 applies to this section.
In subsections (c)(1) and (d)(1), before each clause (A), the words “foreign entity” and “entity” are substituted for “instrumentality” for consistency in the revised title and with other titles of the United States Code.
In subsection (c)(2), the words “alteration”, “cancellation”, “limitation”, and “pursuant to the powers of the Secretary” are omitted as surplus.
In subsection (d)(1), before clause (A), the words “department, agency, or instrumentality of the United States Government” are substituted for “agency of the Government of the United States” for consistency in the revised title and with other titles of the Code. The words “additional periods totaling not more than 30 days” are substituted for “an additional period or periods of up to 30 days each” for clarity because the amendment made by section 10111 of the Omnibus Trade and Competitiveness Act of 1988 (Public Law 100–418, 102 Stat. 1573) changed the additional period within which the Secretary had to act to only 30 days. The word “initial” is added for clarity.
In subsection (d)(2)(A), the words “the Secretaries of Commerce and State and the United States Trade Representative” are substituted for “the Department of State, the Department of Commerce, and the Office of the United States Trade Representative” because of 15:1501, 22:2651, and 19:2171, respectively.
In subsection (d)(2)(B), the words “as is consistent with acting on the complaint” are omitted as surplus.
In subsection (e)(1), before clause (A), the text of 49 App.:1159b(a) (1st, 2d sentences) is omitted as executed. The words “The Secretaries of State, the Treasury, and Transportation” are substituted for “The Department of State, the Department of the Treasury, the Department of Transportation” because of 22:2651, 31:301(b), and 49:102(b), respectively. The words “the heads of” and “instrumentalities of the Government” are added for consistency in the revised title and with other titles of the Code. The word “jurisdictions” is substituted for “respective functions” for clarity and consistency. In clause (A), the words “within its jurisdiction . . . such forms of” are omitted as surplus. Clause (B) is substituted for 49 App.:1159b(c) to eliminate unnecessary words.
In subsection (e)(2), the words “faced by United States carriers in foreign air transportation”, “as may be”, and “required by this subsection” are omitted as surplus.
Amendments
2000—Subsec. (d)(1). Pub. L. 106–181, §741(b)(1)(A), (B), in first sentence of introductory provisions, substituted “air carrier, computer reservations system firm,” for “air carrier” and “subsection (c) or (g)” for “subsection (c)”.
Subsec. (d)(1)(B). Pub. L. 106–181, §741(b)(1)(C), substituted “air carrier or computer reservations system firm” for “air carrier”.
Subsec. (e)(1). Pub. L. 106–181, §741(b)(2), inserted “or a computer reservations system firm is subject when providing services with respect to airline service” before period at end of first sentence.
Subsec. (g). Pub. L. 106–181, §741(a), added subsec. (g).
1996—Subsec. (f). Pub. L. 104–287 substituted “Transportation and Infrastructure” for “Public Works and Transportation”.
Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions in subsec. (e)(2) of this section relating to the requirement that the Secretary of Transportation report annually to Congress, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and the 21st item on page 132 of House Document No. 103–7.
§41311. Gambling restrictions
(a)
(b)
(1) which when operated may deliver, as the result of the application of an element of chance, any money or property; or
(2) by the operation of which a person may become entitled to receive, as the result of the application of an element of chance, any money or property.
(Added Pub. L. 103–305, title II, §205(a)(1), Aug. 23, 1994, 108 Stat. 1583.)
Study of Gambling on Commercial Aircraft
Section 205(b) of Pub. L. 103–305 provided that: “Not later than 1 year after the date of the enactment of this Act [Aug. 23, 1994], the Secretary shall complete a study of—
“(1) the aviation safety effects of gambling applications on electronic interactive video systems installed on board aircraft for passenger use, including an evaluation of the effect of such systems on the navigational and other electronic equipment of the aircraft, on the passengers and crew of the aircraft, and on issues relating to the method of payment;
“(2) the competitive implications of permitting foreign air carriers only, but not United States air carriers, to install, transport, and operate gambling applications on electronic interactive video systems on board aircraft in the foreign commerce of the United States on flights over international waters, or in fifth freedom city-pair markets; and
“(3) whether gambling should be allowed on international flights, including proposed legislation to effectuate any recommended changes in existing law.
The Secretary shall, within 5 days after the completion of the study, submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Public Works and Transportation [now Committee on Transportation and Infrastructure] of the House of Representatives on the results of the study.”
§41312. Ending or suspending foreign air transportation
(a)
(1) may end or suspend the transportation to a place under the certificate only when the carrier gives at least 90 days notice of its intention to end or suspend the transportation to the Secretary of Transportation, any community affected by that decision, and the State authority of the State in which a community is located; and
(2) if it is the only air carrier holding a certificate to provide non-stop or single-plane foreign air transportation between 2 places, may end or suspend the transportation between those places only when the carrier gives at least 60 days notice of its intention to end or suspend the transportation to the Secretary and each community directly affected by that decision.
(b)
(Added Pub. L. 103–429, §6(51)(A), Oct. 31, 1994, 108 Stat. 4384; amended Pub. L. 104–287, §5(72), Oct. 11, 1996, 110 Stat. 3396.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41312(a) | 49 App.:1371(j)(1) (1st sentence), (2). | Aug. 23, 1958, Pub. L. 85–726, §401(j), 72 Stat. 756, as restated Oct. 24, 1978, Pub. L. 95–504, §19(a), 92 Stat. 1720. |
| 49 App.:1551(a)(1)(D). | Aug. 23, 1958, Pub. L. 85–726, §1601(a)(1)(D), as added Oct. 24, 1978, Pub. L. 95–504, §40(a), 92 Stat. 1744. | |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, Pub. L. 85–726, §1601(b)(1)(E), as added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704. | |
| 41312(b) | 49 App.:1371(j)(1) (last sentence). 49 App.:1551(a)(1)(D), (b)(1)(E). |
In the section, the text of 49 App.:1371(j) (related to interstate and overseas transportation of persons) is omitted because of 49 App.:1551(a)(1)(D). The text of 49 App.:1371(j) (related to other interstate and overseas air transportation and the domestic air transportation of mail) is omitted because a certificate of public convenience and necessity is no longer required. See H.R. Rept. 98–793, 98th Cong., 2d Sess., p. 10 (1984). The text of 49 App.:1371(j) (related to essential air transportation) is omitted as superseded by 49 App.:1389, restated as subchapter II of chapter 417 of title 49.
In subsection (a)(1) and (2), the word “place” is substituted for “point” for consistency in the revised title. The words “by that decision” are added for clarity.
In subsection (a)(1), the words “which it is providing” are omitted as surplus. The word “authority” is substituted for “agency” for consistency in the revised title and with other titles of the United States Code.
In subsection (a)(2), the words “between those places” are substituted for “being provided by such air carrier under such certificate” to eliminate unnecessary words.
In subsection (b), the words “by regulation or otherwise” are omitted as surplus. The words “when the Secretary finds the suspension is in” are substituted for “as may be” for clarity and consistency.
Pub. L. 104–287
This amends 49:41312(a)(1) to conform to the style of title 49.
Amendments
1996—Subsec. (a)(1). Pub. L. 104–287 substituted “Secretary of Transportation” for “Secretary”.
Effective Date
Section effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as an Effective Date of 1994 Amendment note under section 321 of this title.
§41313. Plans to address needs of families of passengers involved in foreign air carrier accidents
(a)
(1)
(2)
(b)
(c)
(1)
(2)
(A) the organization designated for the accident under section 1136(a)(2); or
(B) other suitably trained individuals.
(3)
(4)
(A) the director of family support services designated for the accident under section 1136(a)(1); and
(B) the organization designated for the accident under section 1136(a)(2).
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(A)
(B)
(18)
(d)
(e)
(Added Pub. L. 105–148, §1(a), Dec. 16, 1997, 111 Stat. 2681; amended Pub. L. 106–181, title IV, §403(a)–(c)(1), Apr. 5, 2000, 114 Stat. 130; Pub. L. 108–176, title VIII, §809(b), Dec. 12, 2003, 117 Stat. 2589.)
References in Text
The date of the enactment of this section, referred to in subsec. (c), is the date of enactment of Pub. L. 105–148, which was approved Dec. 16, 1997.
Amendments
2003—Subsec. (c)(17), (18). Pub. L. 108–176 added pars. (17) and (18).
2000—Subsec. (a)(2). Pub. L. 106–181, §403(a), amended heading and text of par. (2) generally. Prior to amendment, text read as follows: “The term ‘passenger’ includes an employee of a foreign air carrier or air carrier aboard an aircraft.”
Subsec. (b). Pub. L. 106–181, §403(b), substituted “major” for “significant”.
Subsec. (c)(15), (16). Pub. L. 106–181, §403(c)(1), added pars. (15) and (16).
Effective Date of 2003 Amendment
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
Effective Date of 2000 Amendment
Amendment by section 403(a) and (b) of Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
Pub. L. 106–181, title IV, §403(c)(2), Apr. 5, 2000, 114 Stat. 131, provided that: “The amendment made by paragraph (1) [amending this section] shall take effect on the 180th day following the date of the enactment of this Act [Apr. 5, 2000]. On or before such 180th day, each foreign air carrier providing foreign air transportation under chapter 413 of title 49, United States Code, shall submit to the Secretary [of Transportation] and the Chairman of the National Transportation Safety Board an updated plan under section 41313 of such title that meets the requirements of the amendment made by paragraph (1).”
Effective Date
Pub. L. 105–148, §1(c), Dec. 16, 1997, 111 Stat. 2683, provided that: “The amendments made by this section [enacting this section] shall take effect on the 180th day following the date of the enactment of this Act [Dec. 16, 1997].”
1 So in original. The words “the foreign air carrier” probably should not appear.
CHAPTER 415—PRICING
Amendments
1997—Pub. L. 105–102, §2(21), Nov. 20, 1997, 111 Stat. 2205, struck out “common” before “carriers” in item 41502.
§41501. Establishing reasonable prices, classifications, rules, practices, and divisions of joint prices for foreign air transportation
Every air carrier and foreign air carrier shall establish, comply with, and enforce—
(1) reasonable prices, classifications, rules, and practices related to foreign air transportation; and
(2) for joint prices established for foreign air transportation, reasonable divisions of those prices among the participating air carriers or foreign air carriers without unreasonably discriminating against any of those carriers.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1132.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41501 | 49 App.:1374(a)(2). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §404(a)(2); added Mar. 22, 1972, Pub. L. 92–259, §1, 86 Stat. 95. |
In this chapter, the word “regulation” is omitted in restating the phrase “classifications, rules, regulations, and practices” because it is covered by the word “rules” and to distinguish the rules of an air carrier or foreign air carrier from the regulations of the United States Government. The word “reasonable” is substituted for “just and reasonable” and “just, reasonable, and equitable” for consistency in the revised title and to eliminate unnecessary words. See the revision notes following 49:10101. The word “prices” is substituted for “fares” and “rates, fares, and charges” because of the definition of “price” in section 40102(a) of the revised title.
In this section, before clause (1), the words “comply with” are substituted for “observe” for consistency in the revised title and with other titles of the United States Code. In clause (1), the words “individual and joint” are omitted as surplus. In clause (2), the words “unreasonably discriminating” are substituted for “unduly prefer or prejudice” for consistency in the revised title and to eliminate unnecessary words. See the revision notes following 49:10101.
§41502. Establishing joint prices for through routes with other carriers
(a)
(b)
(1) reasonable prices and reasonable classifications, rules, and practices affecting those prices or the value of the transportation provided under those prices; and
(2) for joint prices established for the through service, reasonable divisions of those joint prices among the participating carriers.
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1132; Pub. L. 104–88, title III, §308(l), Dec. 29, 1995, 109 Stat. 948; Pub. L. 105–102, §2(22), Nov. 20, 1997, 111 Stat. 2205.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41502(a) | 49 App.:1483(b) (1st sentence). | Aug. 23, 1958, Pub. L. 85–726, §1003(b), 72 Stat. 791. |
| 41502(b) | 49 App.:1483(b) (2d sentence). | |
| 41502(c) | 49 App.:1483(b) (last sentence). | |
| 49 App.:155(b)(1)(E). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704. |
In subsection (a), the words “(except an air express company)” are substituted for “(other than companies engaged in the air express business)” to eliminate unnecessary words.
In subsection (b), before clause (1), the words “participating carriers” are substituted for “carriers parties thereto” and “carriers participating therein” for consistency in this chapter.
In subsection (c), the words “or the Interstate Commerce Commission, as the case may be” are omitted because of 49:10526(a)(8)(B).
Pub. L. 105–102
This amends the catchline for 49:41502 to make a technical and conforming amendment necessary because section 308(l) of the ICC Termination Act (Public Law 104–88, 109 Stat. 948) struck “common” from the text of 49:41502.
Amendments
1997—Pub. L. 105–102 struck out “common” before “carriers” in section catchline.
1995—Pub. L. 104–88 substituted “another carrier” for “another common carrier” in subsec. (a) and “a carrier” for “a common carrier” in subsecs. (a), (b), and (c).
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 701 of this title.
§41503. Establishing joint prices for through routes provided by State authorized carriers
Subject to sections 41309 and 42111 of this title, a citizen of the United States providing transportation under section 41101(b) of this title may make an agreement with an air carrier or foreign air carrier for joint prices for that transportation. The joint prices agreed to must be the lowest of—
(1) the sum of the applicable prices for—
(A) the part of the transportation provided in the State and approved by the appropriate State authority; and
(B) the part of the transportation provided by the air carrier or foreign air carrier;
(2) a joint price established and filed under section 41504 of this title; or
(3) a joint price prescribed by the Secretary of Transportation under section 41507 of this title.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1132.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41503 | 49 App.:1371(d) (4)(A)(ii) (related to joint rates, fares), (B). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §401(d) (4)(A)(ii) (related to joint rates, fares), (B); added Nov. 9, 1977, Pub. L. 95–163, §9, 91 Stat. 1281; restated Oct. 24, 1978, Pub. L. 95–504, §9, 92 Stat. 1713. |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704. |
In this section, before clause (1), the words “Notwithstanding any other provision of this chapter” are omitted as surplus. The words “a citizen of the United States providing transportation under section 41101(b) of this title” are substituted for “any citizen of the United States who undertakes, within any State, the carriage of persons or property as a common carrier for compensation or hire with aircraft capable of carrying thirty or more persons pursuant to authority for such carriage within such State granted by the appropriate State agency” for clarity and because of the restatement of 49 App.:1371(d)(4)(A)(i) and (ii) (related to joint services) in section 41101(b) of the revised title. The words “the establishment of” are omitted as surplus.
§41504. Tariffs for foreign air transportation
(a)
(1) shall contain—
(A) to the extent the Secretary requires by regulation, a description of the classifications, rules, and practices related to the foreign air transportation;
(B) a statement of the prices in money of the United States; and
(C) other information the Secretary requires by regulation; and
(2) may contain—
(A) a statement of the prices in money that is not money of the United States; and
(B) information that is required under the laws of a foreign country in or to which the air carrier or foreign air carrier is authorized to operate.
(b)
(2) If the effect of a proposed change would be to begin a passenger fare that is outside of, or not covered by, the range of passenger fares specified under section 41509(e)(2) and (3) of this title, the proposed change may be put into effect only on the expiration of 60 days after the notice is filed under regulations prescribed by the Secretary.
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1133.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41504(a) | 49 App.:1373(a) (1st sentence, 2d sentence words before semicolon, last sentence). | Aug. 23, 1958, Pub. L. 85–726, §403(a), 72 Stat. 758. |
| 49 App.:1551(a)(4)(B) (related to 49 App.:1373(a)), (b)(1)(E). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(a)(4)(B) (related to §403(a), (c)(1), (2)), (b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(c), (e), 98 Stat. 1703, 1704. | |
| 41504(b)(1) | 49 App.:1373(c)(1). | Aug. 23, 1958, Pub. L. 85–726, §403(c)(1), (2), 72 Stat. 759; Nov. 9, 1977, Pub. L. 95–163, §10(a), 91 Stat. 1281; restated Oct. 24, 1978, Pub. L. 95–504, §22, 92 Stat. 1724; Feb. 15, 1980, Pub. L. 96–192, §24(b), (c), 94 Stat. 47. |
| 49 App.:1551(a)(4)(B) (related to 49 App.:1373(c)(1)), (b)(1)(E). | ||
| 41504(b)(2) | 49 App.:1373(c)(2). | |
| 49 App.:1551(a)(4)(B) (related to 49 App.:1373(c)(2)), (b)(1)(E). | ||
| 41504(c) | 49 App.:1373(a) (2d sentence words after semicolon, 3d sentence). | |
| 49 App.:1551(a)(4)(B) (related to 49 App.:1373(a)), (b)(1)(E). |
In this section, the words “foreign air transportation” are substituted for “air transportation” because 49 App.:1551(a)(4)(B) provides that 49 App.:1373 no longer applies to interstate or overseas air transportation and 49 App.:1376(a)–(e), restated in section 41901 of the revised title, governs rates for the transportation of mail by aircraft. See section 40102(a) of the revised title defining “air transportation” to mean interstate or foreign air transportation or the transportation of mail by aircraft. The words “passenger fare” are substituted for “fare” for consistency in the revised title.
In subsection (a), before clause (1), the word “print” is omitted as being included in “publish”. The word “places” is substituted for “points” for consistency in the revised title and with other titles of the United States Code. In clause (1)(A), the word “services” is omitted as being included in “practices”. In clauses (1)(B) and (2)(A), the word “lawful” is omitted as surplus.
In subsection (b)(1), the words “for foreign air transportation” are added because of 49 App.:1551(a)(4)(B). See the revision notes for subsection (a) of this section. The words “in the same way as required for a tariff under” are substituted for “in accordance with” for clarity. The words “proposed change in a passenger fare or a charge of another air carrier or foreign air carrier” are substituted for “fares or charges specified in another air carrier's or foreign air carrier's proposed tariff” for clarity and consistency in this section.
In subsection (b)(2), the words “not covered by” are substituted for “to which such range of fares does not apply” to eliminate unnecessary words. The words “subparagraphs (A) and (B) of section 1482(d)(4) of this Appendix . . . section 1482(d)(7) of this Appendix” are omitted because those sections related to interstate and overseas air transportation and the source provisions restated in this section relate to foreign air transportation. In addition, the text of 49 App.:1551(a)(5)(D) provides that 49 App.:1482(d) ceased to be in effect on January 1, 1985, except as related to foreign air transportation. The reference in the source provisions to “section 1482(j)(9) of this Appendix” has been restated as though it were a reference to 49 App.:1482(j)(10) to correct an apparent error in the International Air Transportation Competition Act of 1979 (Public Law 96–192, 94 Stat. 35). Section 24(b) of S. 1300 of the 96th Congress (the derivative source for the International Air Transportation Competition Act of 1979), as originally passed by both the Senate and the House of Representatives, restated section 403(c)(2) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 759) to read as it now does with a cross–reference to section 1002(j)(9) of the Federal Aviation Act of 1958. Also contained in those versions of S. 1300 in section 24(a) was an amendment to section 1002(j) of the Federal Aviation Act of 1958 to add a paragraph (9) that contained language identical to what is now section 1002(j)(10) of the Federal Aviation Act of 1958. When S. 1300 was reported by the conference committee and enacted into law as the International Air Transportation Competition Act of 1979, section 24(a) had been changed so that a different paragraph (9) was added and what had been paragraph (9) was now designated as a new paragraph (10) to be added. Apparently, when the conference committee redesignated section 1002(j)(9) as 1002(j)(10) it did not make a corresponding change in the cross–reference in section 403(c)(2). See 125 Cong. Rec. 26936, 32147, 36939.
§41505. Uniform methods for establishing joint prices, and divisions of joint prices, applicable to commuter air carriers
(a)
(b)
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1134.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41505(a) | 49 App.:1482a(2), (3). | Oct. 24, 1978, Pub. L. 95–504, §37(c), 92 Stat. 1742. |
| 41505(b) | 49 App.:1482a(1) (1st sentence). | |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704. | |
| 41505(c) | 49 App.:1482a(1) (last sentence). | |
| 49 App.:1551(b)(1)(E). |
In subsection (a), the text of 49 App.:1482a(2)(A) is omitted as unnecessary because the definition of “air carrier” in 49 App.:1301(3) is restated in section 40102(a) of the revised title and applies to this section and because the functions of the Civil Aeronautics Board under 49 App.:1482a were transferred to the Secretary of Transportation by 49 App.:1551(b)(1)(E) and the complete name of the Secretary is used the first time the term appears in a section. The text of 49 App.:1482a(3) is omitted as executed. The reference in the source provisions to “section 416(b)(3) of the Federal Aviation Act of 1958 [49 App. U.S.C. 1386(b)(3)]” has been restated as though it were a reference to section 416(b)(4) to correct an apparent error in the Airline Deregulation Act of 1978 (Public Law 95–504, 92 Stat. 1705). Section 24 of H.R. 12611 of the 95th Congress (the derivative source for 416(b)(4)), added section 416(b)(3) to the Federal Aviation Act. Section 29(c) added provisions that eventually were classified as 49 App.:1482a. Those provisions contained a reference to section 416(b)(3). When S. 2493 (passed in lieu of the House bill after being amended to contain much of the text of the House bill) was reported by the conference committee and enacted into law, section 32 added what had been a new 416(b)(3) as a new 416(b)(4). However, the conference committee did not make a corresponding change in the cross-reference in section 37(c), that added 49 App.:1482a. See 124 Cong. Rec. 30714, 30716, 36521, 36524. The word “scheduled” is substituted for “pursuant to flight schedules” to eliminate unnecessary words. The words “the same 2 places” are substituted for “one pair of points” for consistency in the revised title and with other titles of the United States Code.
In subsection (b), the words “Except as provided in subsection (c) of this section” are added for clarity. The words “pursuant to its authority” are omitted as surplus.
In subsection (c), the word “passengers” is substituted for “persons” for consistency in the revised title and with other titles of the Code. The words “through service by the commuter air carrier over the commuter air carrier's routes” are substituted for “transportation over its routes” for clarity. The words “between air carriers and commuter air carriers” are omitted as surplus.
§41506. Price division filing requirements for foreign air transportation
Every air carrier and foreign air carrier shall keep currently on file with the Secretary of Transportation, if the Secretary requires, the established divisions of all joint prices for foreign air transportation in which the carrier participates.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1134.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41506 | 49 App.:1373(d). | Aug. 23, 1958, Pub. L. 85–726, §403(d), 72 Stat. 759. |
| 49 App.:1551(a)(4)(B) (related to 49 App.:1373(d)), (b)(1)(E). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(a)(4)(B) (related to §403(d)), (b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(c), (e), 98 Stat. 1703, 1704. |
The words “foreign air transportation” are substituted for “air transportation” because 49 App.:1551(a)(4)(B) provides that 49 App.:1373 no longer applies to interstate or overseas air transportation and 49 App.:1376(a)–(e), restated in section 41901 of the revised title, governs rates for the transportation of mail by aircraft. See section 40102(a) of the revised title defining “air transportation” to mean interstate or foreign air transportation or the transportation of mail by aircraft.
§41507. Authority of the Secretary of Transportation to change prices, classifications, rules, and practices for foreign air transportation
(a)
(1) change the price, classification, rule, or practice as necessary to correct the discrimination; and
(2) order the air carrier or foreign air carrier to stop charging or collecting the discriminatory price or carrying out the discriminatory classification, rule, or practice.
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1134.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41507(a) | 49 App.:1482(f) (words after 4th comma). | Aug. 23, 1958, Pub. L. 85–726, §1002(f), 72 Stat. 789. |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704. | |
| 41507(b) | 49 App.:1482(f) (words before 4th comma). | |
| 49 App.:1551(b)(1)(E). |
In subsection (a), before clause (1), the words “individual or joint” are omitted as surplus. The words “charged or received” are substituted for “demanded, charged, collected, or received” to eliminate unnecessary words. The words “unreasonably discriminatory” are substituted for “unjustly discriminatory, or unduly preferential, or unduly prejudicial” for consistency in the revised title and to eliminate unnecessary words. See the revision notes following 49:10101. In clause (2), the words “carrying out” are substituted for “enforcing” for clarity.
In subsection (b), the words “opportunity for a” are added for consistency in the revised title and with other titles of the United States Code.
§41508. Authority of the Secretary of Transportation to adjust divisions of joint prices for foreign air transportation
(a)
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1135.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41508(a) | 49 App.:1482(h) (words after 3d comma). | Aug. 23, 1958, Pub. L. 85–726, §1002(h), 72 Stat. 790; Nov. 9, 1977, Pub. L. 95–163, §18(c), 91 Stat. 1287. |
| 49 App.:1551(a)(5)(D) (related to 49 App.:1482(h)), (b)(1)(E). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(a)(5)(D) (related to §1002(h)), (b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(c), (e), 98 Stat. 1703, 1704. | |
| 41508(b) | 49 App.:1482(h) (words before 3d comma). | |
| 49 App.:1551(a)(5)(D) (related to 49 App.:1482(h)), (b)(1)(E). |
In subsection (a), the words “interstate air transportation of persons, air transportation of property within the State of Alaska, air transportation of property within the state of Hawaii, or overseas or” are omitted because 49:1551(a)(5)(D) provides that 49 App.:1482(h) applies only to foreign air transportation. The words “unreasonable or unreasonably discriminatory” are substituted for “unjust, unreasonable, inequitable, or unduly preferential or prejudicial” for consistency in the revised title and to eliminate unnecessary words. See the revision notes following 49:10101. The words “against any of those carriers” are substituted for “as between the air carriers or foreign air carriers parties thereto” to eliminate unnecessary words. The word “retroactively” is added for clarity.
In subsection (b), the words “an opportunity for a” are added for consistency in the revised title and with other titles of the United States Code.
§41509. Authority of the Secretary of Transportation to suspend, cancel, and reject tariffs for foreign air transportation
(a)
(2) With or without a hearing, the Secretary may cancel or reject an existing or newly filed tariff of a foreign air carrier and prevent the use of a price, classification, rule, or practice when the Secretary decides that the cancellation or rejection is in the public interest.
(3) In deciding whether to cancel or reject a tariff of an air carrier or foreign air carrier under this subsection, the Secretary shall consider—
(A) the effect of the price on the movement of traffic;
(B) the need in the public interest of adequate and efficient transportation by air carriers and foreign air carriers at the lowest cost consistent with providing the transportation;
(C) the standards prescribed under law related to the character and quality of transportation to be provided by air carriers and foreign air carriers;
(D) the inherent advantages of transportation by aircraft;
(E) the need of the air carrier and foreign air carrier for revenue sufficient to enable the air carrier and foreign air carrier, under honest, economical, and efficient management, to provide adequate and efficient air carrier and foreign air carrier transportation;
(F) whether the price will be predatory or tend to monopolize competition among air carriers and foreign air carriers in foreign air transportation;
(G) reasonably estimated or foreseeable future costs and revenues for the air carrier or foreign air carrier for a reasonably limited future period during which the price would be in effect; and
(H) other factors.
(b)
(B) The Secretary may suspend a tariff of a foreign air carrier and the use of a price, classification, rule, or practice when the suspension is in the public interest.
(2) A suspension becomes effective when the Secretary files with the tariff and delivers to the air carrier or foreign air carrier affected by the suspension a written statement of the reasons for the suspension. To suspend a tariff, reasonable notice of the suspension must be given to the affected carrier.
(3) The suspension of a newly filed tariff may be for periods totaling not more than 365 days after the date the tariff otherwise would go into effect. The suspension of an existing tariff may be for periods totaling not more than 365 days after the effective date of the suspension. The Secretary may rescind at any time the suspension of a newly filed tariff and allow the price, classification, rule, or practice to go into effect.
(c)
(2)(A) During the period of suspension, or after the cancellation or rejection, of a newly filed tariff (including a tariff that has gone into effect provisionally), the affected air carrier or foreign air carrier shall maintain in effect and use—
(i) the corresponding seasonal prices, or the classifications, rules, and practices affecting those prices or the value of transportation provided under those prices, that were in effect for the carrier immediately before the new tariff was filed; or
(ii) another price provided for under an applicable intergovernmental agreement or understanding.
(B) If the suspended, canceled, or rejected tariff is the first tariff of the carrier for the covered transportation, the carrier, for the purpose of operations during the period of suspension or pending effectiveness of a new tariff, may file another tariff containing a price or another classification, rule, or practice affecting the price, or the value of the transportation provided under the price, that is in effect (and not subject to a suspension order) for any air carrier providing the same transportation.
(3) If an existing tariff is suspended or canceled, the affected air carrier or foreign air carrier, for the purpose of operations during the period of suspension or pending effectiveness of a new tariff, may file another tariff containing a price or another classification, rule, or practice affecting the price, or the value of the transportation provided under the price, that is in effect (and not subject to a suspension order) for any air carrier providing the same transportation.
(d)
(1) the Secretary, without a hearing—
(A) may suspend any existing tariff of a foreign air carrier providing transportation between the United States and the foreign country for periods totaling not more than 365 days after the date of the suspension; and
(B) may order the foreign air carrier to charge, during the suspension periods, prices that are the same as those contained in a tariff (designated by the Secretary) of an air carrier filed and published under section 41504 of this title for foreign air transportation to the foreign country; and
(2) a foreign air carrier may continue to provide foreign air transportation to the foreign country only if the government or aeronautical authority of the foreign country allows an air carrier to start or continue foreign air transportation to the foreign country at the prices designated by the Secretary.
(e)
(i) for a class of fares existing on October 1, 1979, the fare between 2 places (as adjusted under subparagraph (B) of this paragraph) filed for and allowed by the Civil Aeronautics Board to go into effect after September 30, 1979, and before August 13, 1980 (with seasonal fares adjusted by the percentage difference that prevailed between seasons in 1978), or the fare established under section 1002(j)(8) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 731), as added by section 24(a) of the International Air Transportation Competition Act of 1979 (Public Law 96–192, 94 Stat. 46); or
(ii) for a class of fares established after October 1, 1979, the fare between 2 places in effect on the effective date of the establishment of the new class.
(B) At least once every 60 days for fuel costs, and at least once every 180 days for other costs, the Secretary shall adjust the standard foreign fare level for the particular foreign air transportation to which the standard foreign fare level applies by increasing or decreasing that level by the percentage change from the last previous period in the actual operating cost for each available seat-mile. In adjusting a standard foreign fare level, the Secretary may not make an adjustment to costs actually incurred. In establishing a standard foreign fare level and making adjustments in the level under this paragraph, the Secretary may use all relevant or appropriate information reasonably available to the Secretary.
(2) The Secretary may not decide that a proposed fare for foreign air transportation is unreasonable on the basis that the fare is too low or too high if the proposed fare is neither more than 5 percent higher nor 50 percent lower than the standard foreign fare level for the same or essentially similar class of transportation. The Secretary by regulation may increase the 50 percent specified in this paragraph.
(3) Paragraph (2) of this subsection does not apply to a proposed fare that is not more than—
(A) 5 percent higher than the standard foreign fare level when the Secretary decides that the proposed fare may be unreasonably discriminatory or that suspension of the fare is in the public interest because of an unreasonable regulatory action by the government of a foreign country that is related to a fare proposal of an air carrier; or
(B) 50 percent lower than the standard foreign fare level when the Secretary decides that the proposed fare may be predatory or discriminatory or that suspension of the fare is required because of an unreasonable regulatory action by the government of a foreign country that is related to a fare proposal of an air carrier.
(f)
(g)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1135.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41509(a)(1) | 49 App.:1482(j)(1) (1st sentence words before semicolon, 2d sentence related to tariffs of air carriers and foreign air carriers), (2) (1st sentence words before semicolon, 2d sentence related to tariffs of air carriers and foreign air carriers). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1002(j)(1), (2); added Mar. 22, 1972, Pub. L. 92–259, §3(a), 86 Stat. 96; restated Feb. 15, 1980, Pub. L. 96–192, §§14, 15, 94 Stat. 40. |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(a)(4)(B) (related to §403(c)(3)), (b) (1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(c), (e), 98 Stat. 1703, 1704. | |
| 41509(a)(2) | 49 App.:1482(j)(1) (2d sentence related to tariffs of foreign air carriers), (2) (2d sentence related to tariffs of foreign air carriers). | |
| 49 App.:1551(b)(1)(E). | ||
| 41509(a)(3) | 49 App.:1482(j)(5). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1002(j)(5); added Mar. 22, 1972, Pub. L. 92–259, §3(a), 86 Stat. 98; Feb. 15, 1980, Pub. L. 96–192, §16, 94 Stat. 42. |
| 49 App.:1551(b)(1)(E). | ||
| 41509(b) | 49 App.:1373(c)(3). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §403(c)(3); added Oct. 24, 1978, Pub. L. 95–504, §22, 92 Stat. 1724. |
| 49 App.:1482(j)(1) (1st sentence words after semicolon, 3d sentence), (2) (1st sentence words after semicolon). | ||
| 49 App.:1551(a)(4)(B) (related to 49 App.:1373(c)(3)), (b)(1)(E). | ||
| 41509(c)(1) | 49 App.:1482(j)(1) (4th sentence), (2) (3d sentence). | |
| 49 App.:1551(b)(1)(E). | ||
| 41509(c)(2) | 49 App.:1482(j)(1) (5th, last sentences). | |
| 41509(c)(3) | 49 App.:1482(j)(2) (last sentence). | |
| 41509(d) | 49 App.:1482(j)(3). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1002(j)(3), (4); added Mar. 22, 1972, Pub. L. 92–259, §3(a), 86 Stat. 98. |
| 49 App.:1551(b)(1)(E). | ||
| 41509(e) (1)(A) | 49 App.:1482(j)(7). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1002(j)(6), (7), (9), (10); added Feb. 15, 1980, Pub. L. 96–192, §24(a), 94 Stat. 45, 47. |
| 41509(e) (1)(B) | 49 App.:1482(j)(9). | |
| 49 App.:1551(b)(1)(E). | ||
| 41509(e)(2), (3) | 49 App.:1482(j)(6), (10). | |
| 49 App.:1551(b)(1)(E). | ||
| 41509(f) | 49 App.:1461(b). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §801(b); added Mar. 22, 1972, Pub. L. 92–259, §2, 86 Stat. 96. |
| 49 App.:1551(b)(1)(E). | ||
| 41509(g) | 49 App.:1482(j)(4). | |
| 49 App.:1551(b)(1)(E). |
In subsection (a)(1) and (2), the words “take action to” are omitted as surplus.
In subsection (a)(1), the words “individual or joint (between air carriers, between foreign air carriers, or between an air carrier or carriers and a foreign air carrier or carriers)” and “and, if it so orders” are omitted as surplus. The words “unreasonable or unreasonably discriminatory” are substituted for “unjust or unreasonable, or unjustly discriminatory, or unduly preferential, or unduly prejudicial” for consistency in the revised title and to eliminate unnecessary words. See the revision notes following 49:10101.
In subsection (a)(3), before clause (A), the words “In deciding whether to cancel or reject a tariff of an air carrier or foreign air carrier under this subsection” are substituted for “In exercising and performing its powers and duties under this subsection with respect to the rejection or cancellation of rates for the carriage of persons or property” for consistency in this section and to eliminate unnecessary words. In clause (B), the words “of persons and property” are omitted as surplus.
In subsection (b)(1), the words “contained in the tariff” are added for clarity.
In subsection (b)(1)(A), the words “such hearing and” are omitted as surplus.
In subsection (b)(1)(B), the words “or in the case of” are omitted as surplus.
In subsection (b)(2), the text of 49 App.:1373(c)(3) is omitted as obsolete. Reference to 49 App.:1482(g) is omitted because 49 App.:1482(g) does not relate to foreign air transportation and 49 App.:1551(a)(5)(D) provides that 49 App.:1482(g) ceased to be in effect on January 1, 1985, except insofar as it related to foreign air transportation. Reference to 49 App.:1482(j) is omitted because it consistently has been interpreted that the minimum notice requirement does not apply to foreign air transportation.
In subsection (b)(3), the words “for periods totaling not more than 365 days after” are substituted for “a period or periods not exceeding 365 days in the aggregate beyond the time when” and “a period or periods not exceeding 365 days in the aggregate from” to eliminate unnecessary words.
In subsection (c)(1), the words “a tariff is suspended pending the outcome of a proceeding under subsection (a) of this section” are added for clarity. The words “and the Secretary does not take final action in the proceeding during the suspension period” are substituted for “the proceeding has not been concluded and an order made within the period of suspension or suspensions” and “the proceeding has not been concluded within the period of suspension or suspensions” to eliminate unnecessary words. The words “or if the Board shall otherwise so direct” are omitted as surplus because under subsection (b)(3) of this section the Secretary may rescind a suspension at any time.
In subsection (c)(2)(A), before clause (i), the words “or suspensions” are omitted because of 1:1. In clause (i), the words “corresponding seasonal” are added for clarity.
In subsection (c)(2)(B) and (3), the words “providing the same transportation” are substituted for “engaged in the same foreign air transportation” for consistency in this chapter and to eliminate unnecessary words.
In subsection (c)(2)(B), the words “of the carrier for the covered transportation” and “during the period of suspension or” are added for clarity.
In subsection (c)(3), the words “If an existing tariff is suspended or canceled” are added for clarity. The words “following cancellation of an existing tariff” are omitted as surplus.
In subsection (d), the word “properly” is omitted as surplus. In clause (1)(A), the words “the operation of” are omitted as surplus. The words “periods totaling not more than 365 days after the date of the suspension” are substituted for “for a period or periods not exceeding three hundred and sixty-five days in the aggregate from the date of such suspension” for clarity and to eliminate unnecessary words. In subclause (B), the words “or suspensions” are omitted because of 1:1. In clause (2), the words “by the Secretary” are added for clarity.
In subsection (e)(1)(B), the words “within 30 days after February 15, 1980” are omitted as executed. The words “as the case may be” are omitted as surplus.
In subsection (e)(2), the text of 49 App.:1482(j)(6)(A) is omitted as expired. The words “with respect to any proposed increase filed with the Board after the 180th day after February 15, 1980” and “with respect to any proposed decrease filed after February 15, 1980” are omitted as obsolete. The words “of persons” are omitted as surplus because a “fare” is only for passengers. The words “The Secretary by regulation may increase the 50 percent specified in this paragraph” are substituted for 49 App.:1482(j)(10) for clarity.
In subsection (e)(3)(A), the words “unreasonably discriminatory” are substituted for “unduly preferential, unduly prejudicial, or unjustly discriminatory” to eliminate unnecessary words and for consistency in the revised title. See the revision notes following 49:10101.
In subsection (g), the words “express” and “now . . . or hereafter issued” are omitted as surplus. The words “may provide foreign air transportation only as long as” are substituted for “shall be a condition to the continuation of the affected service” for clarity.
References in Text
Section 1002(j)(8) of the Federal Aviation Act of 1958, referred to in subsec. (e)(1)(A)(i), is section 1002(j)(8) of Pub. L. 85–726, which was classified to section 1482(j)(8) of former Title 49, Transportation, prior to repeal by Pub. L. 103–272, §7(b), July 5, 1994, 108 Stat. 1379.
§41510. Required adherence to foreign air transportation tariffs
(a)
(1) charge or receive compensation for foreign air transportation that is different from the price specified in the tariff of the carrier that is in effect for that transportation;
(2) refund or remit any part of the price specified in the tariff; or
(3) extend to any person a privilege or facility, related to a matter required by the Secretary of Transportation to be specified in a tariff for foreign air transportation, except as specified in the tariff.
(b)
(1) pay compensation for foreign air transportation of property that is different from the price specified in the tariff in effect for that transportation; or
(2) solicit, accept, or receive—
(A) a refund or remittance of any part of the price specified in the tariff; or
(B) a privilege or facility, related to a matter required by the Secretary to be specified in a tariff for foreign air transportation of property, except as specified in the tariff.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1138.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41510(a) | 49 App.:1373(b)(1) (1st sentence). | Aug. 23, 1958, Pub. L. 85–726, §403(b)(1) (1st sentence), 72 Stat. 759; restated Jan. 3, 1975, Pub. L. 93–623, §§7(a), 8(a), 88 Stat. 2105. |
| 49 App.:1551(a)(4)(B) (related to 49 App.:1373(b)(1)), (b)(1)(E). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(a)(4)(B) (related to §403(b)), (b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(c), (e), 98 Stat. 1703, 1704. | |
| 41510(b) | 49 App.:1373(b)(2). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §403(b)(2); added Jan. 3, 1975, Pub. L. 93–623, §8(a), 88 Stat. 2105. |
| 49 App.:1551(a)(4)(B) (related to 49 App.:1373(b)(2)), (b)(1)(E). |
In this section, the words “greater or less” are omitted as being included in “different”. The words “foreign air transportation” are substituted for “air transportation” because 49 App.:1551(a)(4)(B) provides that 49 App.:1373 no longer applies to interstate or overseas air transportation and 49 App.:1376(a)–(e), restated in section 41901 of the revised title, governs prices for the transportation of mail by aircraft. See section 40102(a) of the revised title defining “air transportation” to mean interstate or foreign air transportation or the transportation of mail by aircraft. The words “for any service in connection therewith” are omitted as surplus because the word “transportation” includes any services related to the transportation.
In subsection (a), before clause (1), the words “may not” are substituted for “no . . . shall” and “no . . . shall, in any manner or by any device, directly or indirectly, or through any agent or broker, or otherwise” for clarity and to eliminate unnecessary words. In clause (1), the words “demand or collect” are omitted as being included in “charge or receive”. The words “then currently” are omitted as surplus. In clause (3), the words “tariff for foreign air transportation” are substituted for “such tariffs” for clarity.
In subsection (b), before clause (1), the words “shipper, consignor, consignee, forwarder, broker, or other . . . or any director, officer, agent, or employee thereof” are omitted as surplus. In clause (1), the words “directly or indirectly, by any device or means” and “currently” are omitted as surplus. In clause (2), before subclause (A), the words “in any manner or by any device, directly or indirectly, through any agent or broker, or otherwise” are omitted as surplus. In subclause (B), the word “favor” is omitted as surplus.
§41511. Special prices for foreign air transportation
(a)
(1) a director, officer, or employee of the carrier (including a retired director, officer, or employee who is receiving retirement benefits from an air carrier or foreign air carrier).
(2) a parent or the immediate family of such an officer or employee or the immediate family of such a director.
(3) a widow, widower, or minor child of an employee of the carrier who died as a direct result of a personal injury sustained when performing a duty in the service of the carrier.
(4) a witness or attorney attending a legal investigation in which the air carrier is interested.
(5) an individual injured in an aircraft accident and a physician or nurse attending the individual.
(6) a parent or the immediate family of an individual injured or killed in an aircraft accident when the transportation is related to the accident.
(7) an individual or property to provide relief in a general epidemic, pestilence, or other emergency.
(8) other individuals under other circumstances the Secretary prescribes by regulation.
(b)
(1) a minister of religion.
(2) an individual who is at least 60 years of age and no longer gainfully employed.
(3) an individual who is at least 65 years of age.
(4) an individual who has severely impaired vision or hearing or another physical or mental handicap and an accompanying attendant needed by that individual.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1139.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41511(a) | 49 App.:1373(b)(1) (2d sentence). | Aug. 23, 1958, Pub. L. 85–726, §403(b)(1) (2d– last sentences), 72 Stat. 759; July 12, 1960, Pub. L. 86–627, 74 Stat. 445; Jan. 3, 1975, Pub. L. 93–623, §8(a), 88 Stat. 2105; Nov. 9, 1977, Pub. L. 95–163, §8(a), 91 Stat. 1281. |
| 49 App.:1551(a)(4)(B) (related to 49 App.:1373(b)(1)), (b)(1)(E). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(a)(4)(B) (related to §403(b)(1)), (b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(c), (e), 98 Stat. 1703, 1704. | |
| 41511(b) | 49 App.:1373(b)(1) (3d–last sentences). | |
| 49 App.:1551(a)(4)(B) (related to 49 App.:1373(b)(1)), (b)(1)(E). |
In this section, the words “foreign air transportation” are substituted for “transportation” and “in the case of overseas or foreign air transportation” because 49 App.:1551(a)(4)(B) provides that 49 App.:1373 no longer applies to interstate or overseas air transportation and 49 App.:1376(a)–(e), restated in section 41901 of the revised title, governs rates for the transportation of mail by aircraft. See section 40102(a) of the revised title defining “air transportation” to mean interstate or foreign air transportation or the transportation of mail by aircraft. The word “conditions” is omitted as being included in “terms”.
In subsection (a)(7), the words “or other emergency” are substituted for “other calamitous visitation” for consistency.
In subsection (b)(2), the words “no longer gainfully employed” are substituted for “retired” and “For purposes of this subsection, the term ‘retired’ means no longer gainfully employed as defined by the Board” to eliminate unnecessary words.
In subsection (b)(4), the words “an individual who has severely impaired vision or hearing or another physical or mental handicap” are substituted for “handicapped person” and “For the purposes of this subsection, the term ‘handicapped person’ means any person who has severely impaired vision or hearing, and any other physically or mentally handicapped person, as defined by the Board” to eliminate unnecessary words.
CHAPTER 417—OPERATIONS OF CARRIERS
SUBCHAPTER I—REQUIREMENTS
SUBCHAPTER II—SMALL COMMUNITY AIR SERVICE
SUBCHAPTER III—REGIONAL AIR SERVICE INCENTIVE PROGRAM
Amendments
2003—Pub. L. 108–176, title IV, §§408(b), 410(b), 422(b), title VIII, §810(b), Dec. 12, 2003, 117 Stat. 2547, 2549, 2552, 2590, added items 41721 to 41723 and 41745 to 41748 and struck out former item 41721 “Reports by carriers on incidents involving animals during air transportation”.
2000—Pub. L. 106–181, title II, §§203(b), 204(b), 210(b), 231(j)(2), title VII, §710(b), Apr. 5, 2000, 114 Stat. 93, 94, 102, 115, 160, added items 41715 to 41718, redesignated former items 41715 and 41716 as 41719 and 41720, respectively, and added items 41721, 41743, and 41744, subchapter III heading, and items 41761 to 41767.
1998—Pub. L. 105–277, div. C, title I, §110(f)(2), Oct. 21, 1998, 112 Stat. 2681–590, which directed amendment of the analysis for subchapter I of chapter 417 by adding item 41716 without specifying the Code title or Act for chapter 417, was executed by adding item 41716 to this analysis to reflect the probable intent of Congress.
1996—Pub. L. 104–264, title II, §278(d), Oct. 9, 1996, 110 Stat. 3250, substituted “Essential air service authorization” for “Ending effective date” in item 41742.
1994—Pub. L. 103–429, §6(52), Oct. 31, 1994, 108 Stat. 4385, made technical correction to chapter heading.
Pub. L. 103–305, title II, §§206(b), 207(b), Aug. 23, 1994, 108 Stat. 1587, 1588, added items 41714 and 41715.
1 So in original. Does not conform to section catchline.
SUBCHAPTER I—REQUIREMENTS
§41701. Classification of air carriers
The Secretary of Transportation may establish—
(1) reasonable classifications for air carriers when required because of the nature of the transportation provided by them; and
(2) reasonable requirements for each class when the Secretary decides those requirements are necessary in the public interest.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1140.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41701 | 49 App.:1386(a). | Aug. 23, 1958, Pub. L. 85–726, §416(a), 72 Stat. 771. |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704. |
In this section, before clause (1), the words “from time to time” are omitted as unnecessary. In clauses (1) and (2), the word “just” is omitted as being included in “reasonable”. In clause (1), the word “groups” is omitted as being included in “classifications”. The words “transportation provided” are substituted for “services performed” for consistency in the revised title. In clause (2), the word “requirements” is substituted for “rules and regulations pursuant to and consistent with the provisions of this subchapter” as being more appropriate and for consistency in the revised title.
§41702. Interstate air transportation
An air carrier shall provide safe and adequate interstate air transportation.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1140.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41702 | 49 App.:1374(a)(1). | Aug. 23, 1958, Pub. L. 85–726, §404(a)(1), 72 Stat. 760; Mar. 22, 1972, Pub. L. 92–259, §1, 86 Stat. 95; Oct. 24, 1978, Pub. L. 95–504, §23, 92 Stat. 1724. |
| 49 App.:1551(a)(4)(C) (related to 49 App.:1374(a)(1)). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(a)(4)(C) (related to §404(a)(1)); added Oct. 4, 1984, Pub. L. 98–443, §3(c), 98 Stat. 1703. |
This section is substituted for 49 App.:1374(a)(1) because 49 App.:1551(a)(4)(C) provides that 49 App.:1374 no longer applies to interstate or overseas air transportation except insofar as 49 App.:1374 requires air carriers to provide safe and adequate service.
§41703. Navigation of foreign civil aircraft
(a)
(1) if the country of registry grants a similar privilege to aircraft of the United States;
(2) by an airman holding a certificate or license issued or made valid by the United States Government or the country of registry;
(3) if the Secretary of Transportation authorizes the navigation; and
(4) if the navigation is consistent with terms the Secretary may prescribe.
(b)
(1) in the public interest; and
(2) consistent with any agreement between the Government and the government of a foreign country.
(c)
(1) specifically authorized under section 40109(g) of this title; or
(2) under regulations the Secretary prescribes authorizing air carriers to provide otherwise authorized air transportation with foreign registered aircraft under lease or charter to them without crew.
(d)
(e)
(1)
(2)
(A) under the code of a United States air carrier providing air transportation to Alaska;
(B) on an air carrier way bill of an air carrier providing air transportation to Alaska;
(C) under a term arrangement or block space agreement with an air carrier; or
(D) under the code of a United States air carrier for purposes of transportation within the United States.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1140; Pub. L. 108–176, title VIII, §808, Dec. 12, 2003, 117 Stat. 2588.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41703(a) | 49 App.:1508(b) (1st sentence). | Aug. 23, 1958, Pub. L. 85–726, §1108(b) (1st, 2d, last sentences), 72 Stat. 798, 799. |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704. | |
| 41703(b) | 49 App.:1508(b) (2d sentence). | |
| 49 App.:1551(b)(1)(E). | ||
| 41703(c) | 49 App.:1508(b) (3d sentence). | Aug. 23, 1958, Pub. L. 85–726, §1108(b) (3d sentence), 72 Stat. 799; Feb. 15, 1980, Pub. L. 96–192, §20, 94 Stat. 43. |
| 49 App.:1551(b)(1)(E). | ||
| 41703(d) | 49 App.:1508(b) (last sentence). |
In subsection (a), the word “country” is substituted for “nation” for consistency in the revised title and with other titles of the United States Code. In clause (3), the words “permit, order, or regulation issued” are omitted as surplus. In clause (4), the words “conditions, and limitations” are omitted as being included in “terms”.
In subsection (b)(2), the word “agreement” is substituted for “treaty, convention, or agreement” for clarity and consistency in the revised title. The words “which may be in force” are omitted as surplus. The words “or countries” are omitted because of 1:1.
In subsection (c), before clause (1), the word “place” is substituted for “point”, and the word “passengers” is substituted for “persons”, for consistency in the revised title.
In subsection (d), the word “affect” is substituted for “limit, modify, or amend” to eliminate unnecessary words.
Amendments
2003—Subsec. (e). Pub. L. 108–176 added subsec. (e).
Effective Date of 2003 Amendment
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
§41704. Transporting property not to be transported in aircraft cabins
Under regulations or orders of the Secretary of Transportation, an air carrier shall transport as baggage the property of a passenger traveling in air transportation that may not be carried in an aircraft cabin because of a law or regulation of the United States. The carrier is liable to pay an amount not more than the amount declared to the carrier by that passenger for actual loss of, or damage to, the property caused by the carrier. The carrier may impose reasonable charges and conditions for its liability.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1141.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41704 | 49 App.:1516. | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1116; added Aug. 5, 1974, Pub. L. 93–366, §205, 88 Stat. 418. |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704. |
The words “as may be necessary”, “which . . . lawfully”, and “by such person” are omitted as surplus. The words “The carrier is liable to pay an amount not more than” are substituted for “shall assume liability . . . within” for clarity. The words “to such person” are omitted as surplus. The words “The carrier may impose” are added for clarity. The words “terms and” are omitted as covered by “conditions”.
§41705. Discrimination against handicapped individuals
(a)
(1) the individual has a physical or mental impairment that substantially limits one or more major life activities.
(2) the individual has a record of such an impairment.
(3) the individual is regarded as having such an impairment.
(b)
(c)
(1)
(2)
(3)
(4)
(A) implement a plan, in consultation with the Department of Justice, the United States Architectural and Transportation Barriers Compliance Board, and the National Council on Disability, to provide technical assistance to air carriers and individuals with disabilities in understanding the rights and responsibilities set forth in this section; and
(B) ensure the availability and provision of appropriate technical assistance manuals to individuals and entities with rights or responsibilities under this section.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1141; Pub. L. 106–181, title VII, §707(a), Apr. 5, 2000, 114 Stat. 158; Pub. L. 108–176, title V, §503(d)(1), Dec. 12, 2003, 117 Stat. 2559.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41705 | 49 App.:1374(c). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §404(c); added Oct. 2, 1986, Pub. L. 99–435, §2(a), 100 Stat. 1080. |
In this section, before clause (1), the words “on the following grounds” are substituted for “by reason of such handicap” and “For purposes of paragraph (1) of this subsection the term ‘handicapped individual’ means any individual who” because of the restatement.
References in Text
The date of the enactment of this subsection, referred to in subsec. (c)(4), is the date of enactment of Pub. L. 106–181, which was approved Apr. 5, 2000.
Amendments
2003—Subsec. (b). Pub. L. 108–176 substituted “section 46301” for “section 46301(a)(3)(E)”.
2000—Pub. L. 106–181 designated existing provisions as subsec. (a), inserted heading, substituted “carrier, including (subject to section 40105(b)) any foreign air carrier,” for “carrier” in introductory provisions, and added subsecs. (b) and (c).
Effective Date of 2003 Amendment
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
Establishment of Higher International Standards
Pub. L. 106–181, title VII, §707(c), Apr. 5, 2000, 114 Stat. 158, provided that: “The Secretary [of Transportation] shall work with appropriate international organizations and the aviation authorities of other nations to bring about the establishment of higher standards for accommodating handicapped passengers in air transportation, particularly with respect to foreign air carriers that code-share with air carriers.”
Restrictions on Air Transportation of Peanuts; Scientific Study on Effect of Airborne Particles on Passengers
Pub. L. 106–69, title III, §346, Oct. 9, 1999, 113 Stat. 1023, provided that: “Hereafter, none of the funds made available under this Act or any other Act, may be used to implement, carry out, or enforce any regulation issued under section 41705 of title 49, United States Code, including any regulation contained in part 382 of title 14, Code of Federal Regulations, or any other provision of law (including any Act of Congress, regulation, or Executive order or any official guidance or correspondence thereto), that requires or encourages an air carrier (as that term is defined in section 40102 of title 49, United States Code) to, on intrastate or interstate air transportation (as those terms are defined in section 40102 of title 49, United States Code)—
“(1) provide a peanut-free buffer zone or any other related peanut-restricted area; or
“(2) restrict the distribution of peanuts,
until 90 days after submission to the Congress and the Secretary of a peer-reviewed scientific study that determines that there are severe reactions by passengers to peanuts as a result of contact with very small airborne peanut particles of the kind that passengers might encounter in an aircraft.”
Similar provisions were contained in Pub. L. 105–277, div. A, §101(g) [title III, §372], Oct. 21, 1998, 112 Stat. 2681–439, 2681–479.
§41706. Prohibitions against smoking on scheduled flights
(a)
(b)
(c)
(1)
(2)
(d)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1141; Pub. L. 106–181, title VII, §708(a), Apr. 5, 2000, 114 Stat. 159.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41706 | 49 App.:1374(d)(1). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §404(d)(1); added Dec. 22, 1987, Pub. L. 100–202, §328(a), 101 Stat. 1329–382; Nov. 21, 1989, Pub. L. 101–164, §335 (less effective date), 103 Stat. 1098, 1099. |
| 49 App.:1374 (note). | Nov. 21, 1989, Pub. L. 101–164, §335 (related to effective date), 103 Stat. 1099. |
In subsection (a), before clause (1), the words “On and after the date of expiration of the 4-month period following December 22, 1987” are omitted as executed. The words “of an aircraft” are added for clarity. The text of 49 App.:1374 (note) is omitted as executed.
Amendments
2000—Pub. L. 106–181 amended section catchline and text generally. Prior to amendment, text read as follows:
“(a)
“(1) between places in a State of the United States, the District of Columbia, Puerto Rico, or the Virgin Islands;
“(2) between a place in any jurisdiction referred to in clause (1) of this subsection (except Alaska and Hawaii) and a place in any other of those jurisdictions; or
“(3)(A) scheduled for not more than 6 hours’ duration; and
“(B)(i) between a place referred to in clause (1) of this subsection (except Alaska and Hawaii) and Alaska or Hawaii; or
“(ii) between Alaska and Hawaii.
“(b)
Effective Date of 2000 Amendment
Pub. L. 106–181, title VII, §708(b), Apr. 5, 2000, 114 Stat. 159, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on the date that is 60 days after the date of the enactment of this Act [Apr. 5, 2000].”
§41707. Incorporating contract terms into written instrument
To the extent the Secretary of Transportation prescribes by regulation, an air carrier may incorporate by reference in a ticket or written instrument any term of the contract for providing interstate air transportation.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1141.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41707 | 49 App.:1381(b). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §411(b); added Oct. 4, 1984, Pub. L. 98–443, §7(a), 98 Stat. 1706. |
§41708. Reports
(a)
(b)
(1)(A) to file annual, monthly, periodical, and special reports with the Secretary in the form and way prescribed by the Secretary; and
(B) to file the reports under oath;
(2) to provide specific answers to questions on which the Secretary considers information to be necessary; and
(3) to file with the Secretary a copy of each agreement, arrangement, contract, or understanding between the carrier and another carrier or person related to transportation affected by this subpart.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1141.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41708(a) | 49 App.:1377(e) (last sentence). | Aug. 23, 1958, Pub. L. 85–726, §407(e) (last sentence), 72 Stat. 766. |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704. | |
| 41708(b) | 49 App.:1377(a). | Aug. 23, 1958, Pub. L. 85–726, §407(a), 72 Stat. 766; Feb. 15, 1980, Pub. L. 96–192, §10, 94 Stat. 38. |
| 49 App.:1551(b)(1)(E). |
In subsection (a), the word “reasonably” is omitted as surplus. The words “carry out” are substituted for “administration” for consistency in the revised title. The words “section 11343(c) of this title” are substituted for “section 5(8) of the Interstate Commerce Act, as amended” in section 407(e) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 766), to cite the corresponding section of the revised title and correct the inaccurate reference to the definition of “affiliate”.
In subsection (b)(3), the word “copy” is substituted for “true copy” to eliminate an unnecessary word. The word “transportation” is substituted for “traffic” for consistency in the revised title.
§41709. Records of air carriers
(a)
(b)
(A) inspect the land, buildings, and equipment of an air carrier or foreign air carrier when necessary to decide under subchapter II of this chapter or section 41102, 41103, or 41302 of this title whether a carrier is fit, willing, and able; and
(B) inspect records kept or required to be kept by an air carrier, foreign air carrier, or ticket agent.
(2) The Secretary may employ special agents or auditors to carry out this subsection.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1142.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41709(a) | 49 App.:1377(d). | Aug. 23, 1958, Pub. L. 85–726, §407(d), 72 Stat. 766. |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704. | |
| 41709(b) | 49 App.:1377(e) (1st–3d sentences). | Aug. 23, 1958, Pub. L. 85–726, §407(e) (1st–3d sentences), 72 Stat. 766; Jan. 3, 1975, Pub. L. 93–623, §7(b), 88 Stat. 2105; restated Oct. 4, 1984, Pub. L. 98–443, §9(t), 98 Stat. 1708. |
| 49 App.:1551(b)(1)(E). |
In subsection (a), the word “unreasonable” is substituted for “undue” for consistency in the revised title and with other titles of the United States Code.
In subsection (b)(1)(A) and (B), the word “inspect” is substituted for “have access to” for consistency in the revised title and with other titles of the Code.
In subsection (b)(2), the words “to carry out this subsection” are substituted for “who shall have authority under the orders of the Board to inspect and examine lands, buildings, equipment, accounts, records, and memorandums to which the Board has access under this subsection” to eliminate unnecessary words.
§41710. Time requirements
When a matter requiring action of the Secretary of Transportation is submitted under section 40109(a) or (c)–(h), 41309, or 42111 of this title and an evidentiary hearing—
(1) is ordered, the Secretary shall make a final decision on the matter not later than the last day of the 12th month that begins after the date the matter is submitted; or
(2) is not ordered, the Secretary shall make a final decision on the matter not later than the last day of the 6th month that begins after the date the matter is submitted.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1142.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41710 | 49 App.:1490. | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1010; added Oct. 24, 1978, Pub. L. 95–504, §38(a), 92 Stat. 1743. |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704. |
In this section, before clause (1), the words “matter requiring action of the Secretary” are substituted for “application or other written document” for clarity. The reference to 49 App.:1378 and 1379 is omitted as obsolete because under 49 App.:1551(a)(7), those sections ceased to be in effect on January 1, 1989. The words “on or after the one-hundred-eightieth day after October 24, 1978” are omitted as executed. In clauses (1) and (2), the words “order or” are omitted as surplus.
§41711. Air carrier management inquiry and cooperation with other authorities
In carrying out this subpart, the Secretary of Transportation may—
(1) inquire into the management of the business of an air carrier and obtain from the air carrier, and a person controlling, controlled by, or under common control with the carrier, information the Secretary decides reasonably is necessary to carry out the inquiry;
(2) confer and hold a joint hearing with a State authority; and
(3) exchange information related to aeronautics with a government of a foreign country through appropriate departments, agencies, and instrumentalities of the United States Government.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1142.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41711(1) | 49 App.:1385. | Aug. 23, 1958, Pub. L. 85–726, §§204(b), (c), 415, 72 Stat. 743, 770. |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704. | |
| 41711(2) | 49 App.:1324(b). | |
| 49 App.:1551(b)(1)(E). | ||
| 41711(3) | 49 App.:1324(c) | |
| 49 App.:1551(b)(1)(E). |
In this section, before clause (1), the words “In carrying out” are substituted for “in connection with any matter arising under this chapter within its jurisdiction” and “in the administration and enforcement of this chapter” in 49 App.:1324(b) and “For the purpose of exercising and performing its powers and duties under this chapter” in 49 App.:1385, and added (as the words relate to 49 App.:1324(c)), for clarity and consistency in this section. In clause (1), the words “full and complete reports and other” are omitted as surplus. In clause (2), the words “State aeronautical agency, or other” are omitted as surplus. The text of 49 App.:1324(b) (words after 3d comma) is omitted as surplus because of 49:322(c)(3). In clause (3), the words “government of a foreign country” are substituted for “foreign governments” for consistency in the revised title and with other titles of the United States Code.
§41712. Unfair and deceptive practices and unfair methods of competition
(a)
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1143; Pub. L. 106–181, title II, §221, Apr. 5, 2000, 114 Stat. 102.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41712 | 49 App.:1381(a). | Aug. 23, 1958, Pub. L. 85–726, §411(a), 72 Stat. 769; Oct. 4, 1984, Pub. L. 98–443, §7(a), 98 Stat. 1706. |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704. |
The words “such action by” are omitted as surplus. The words “opportunity for a” are added for consistency in the revised title and with other titles of the United States Code.
Amendments
2000—Pub. L. 106–181 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
§41713. Preemption of authority over prices, routes, and service
(a)
(b)
(2) Paragraphs (1) and (4) of this subsection do not apply to air transportation provided entirely in Alaska unless the transportation is air transportation (except charter air transportation) provided under a certificate issued under section 41102 of this title.
(3) This subsection does not limit a State, political subdivision of a State, or political authority of at least 2 States that owns or operates an airport served by an air carrier holding a certificate issued by the Secretary of Transportation from carrying out its proprietary powers and rights.
(4)
(A)
(B)
(i) shall not restrict the safety regulatory authority of a State with respect to motor vehicles, the authority of a State to impose highway route controls or limitations based on the size or weight of the motor vehicle or the hazardous nature of the cargo, or the authority of a State to regulate motor carriers with regard to minimum amounts of financial responsibility relating to insurance requirements and self-insurance authorization; and
(ii) does not apply to the transportation of household goods, as defined in section 13102 of this title.
(C)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1143; Pub. L. 103–305, title VI, §601(b)(1), (2)(A), Aug. 23, 1994, 108 Stat. 1605, 1606; Pub. L. 105–102, §2(23), Nov. 20, 1997, 111 Stat. 2205.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41713(a) | 49 App.:1305(c), (d) (related to (a), (b)(1), (c)). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §105(a)(2), (b)(1), (c), (d) (related to (a), (b)(1), (c)); added Oct. 24, 1978, Pub. L. 95–504, §4(a), 92 Stat. 1708. |
| 41713(b)(1) | 49 App.:1305(a)(1). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §105(a)(1); added Oct. 24, 1978, Pub. L. 95–504, §4(a), 92 Stat. 1707; Oct. 4, 1984, Pub. L. 98–443, §9(u), 98 Stat. 1709. |
| 41713(b)(2) | 49 App.:1305(a)(2). | |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704. | |
| 41713(b)(3) | 49 App.:1305(b)(1). | |
| 49 App.:1551(b)(1)(E). |
In subsection (a), the words “the term” are omitted as surplus. The words “the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, and” are omitted as surplus because of the definition of “territory or possession of the United States” in section 40102(a) of the revised title, 48:734, and section 502 of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America. The text of 49 App.:1305(c) is omitted as obsolete.
In subsection (b)(1) and (3), the words “interstate agency or other” are omitted as surplus. The word “authority” is substituted for “agency” for consistency in the revised title and with other titles of the United States Code.
In subsection (b)(1), the word “rule” is omitted as being synonymous with “regulation”. The words “standard” and “having authority” are omitted as surplus.
In subsection (b)(2), the words “pursuant to a certificate issued by the Board”, “by air of persons, property, or mail”, and “the State of” are omitted as surplus.
Pub. L. 105–102
This amends 49:41713(b)(4)(B)(ii) to correct a cross-reference necessary because of the restatement of subtitle IV of title 49 by the ICC Termination Act (Public Law 104–88, 109 Stat. 803).
Amendments
1997—Subsec. (b)(4)(B)(ii). Pub. L. 105–102 substituted “13102” for “10102”.
1994—Subsec. (b)(2). Pub. L. 103–305, §601(b)(2)(A), substituted “Paragraphs (1) and (4) of this subsection do” for “Paragraph (1) of this subsection does”.
Subsec. (b)(4). Pub. L. 103–305, §601(b)(1), added par. (4).
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–305 effective Jan. 1, 1995, see section 601(d) of Pub. L. 103–305, set out as a note under section 10521 of this title.
§41714. Availability of slots
(a)
(1)
(2)
(3)
(4)
(b)
(1)
(2)
(3)
(4)
(c)
(d)
(1)
(A) result in an increase in the total number of slots per day at Ronald Reagan Washington National Airport;
(B) result in an increase in the total number of slots at Ronald Reagan Washington National Airport from 7:00 ante meridiem to 9:59 post meridiem;
(C) increase the number of operations at Ronald Reagan Washington National Airport in any 1-hour period by more than 2 operations;
(D) result in the withdrawal or reduction of slots operated by an air carrier;
(E) result in a net increase in noise impact on surrounding communities resulting from changes in timing of operations permitted under this subsection; and
(F) continue in effect on or after the date on which the final rules issued under subsection (f) become effective.
(2)
(e)
(1)
(A) whether improvements in technology and procedures of the air traffic control system and the use of quieter aircraft make it possible to eliminate the limitations on hourly operations imposed by the high density rule contained in part 93 of title 14 of the Code of Federal Regulations or to increase the number of operations permitted under such rule;
(B) the effects of the elimination of limitations or an increase in the number of operations allowed on each of the following:
(i) congestion and delay in any part of the national aviation system;
(ii) the impact of noise on persons living near the airport;
(iii) competition in the air transportation system;
(iv) the profitability of operations of airlines serving the airport; and
(v) aviation safety;
(C) the impact of the current slot allocation process upon the ability of air carriers to provide essential air service under subchapter II of this chapter;
(D) the impact of such allocation process upon the ability of new entrant air carriers to obtain slots in time periods that enable them to provide service;
(E) the impact of such allocation process on the ability of foreign air carriers to obtain slots;
(F) the fairness of such process to air carriers and the extent to which air carriers are provided equivalent rights of access to the air transportation market in the countries of which foreign air carriers holding slots are citizens;
(G) the impact, on the ability of air carriers to provide domestic and international air service, of the withdrawal of slots from air carriers in order to provide slots for foreign air carriers; and
(H) the impact of the prohibition on slot withdrawals in subsections (b)(2) and (b)(3) of this section on the aviation relationship between the United States Government and foreign governments, including whether the prohibition in such subsections will require the withdrawal of slots from general and military aviation in order to meet the needs of air carriers and foreign air carriers providing foreign air transportation (and the impact of such withdrawal on general aviation and military aviation) and whether slots will become available to meet the needs of air carriers and foreign air carriers to provide foreign air transportation as a result of the planned relocation of Air Force Reserve units and the Air National Guard at O'Hare International Airport.
(2)
(f)
(g)
(h)
(1)
(2)
(3)
(4)
(5)
(A) “20” shall be substituted for “12” in sections 93.213(a)(5), 93.223(c)(3), and 93.225(h);
(B) for purposes of such sections, the term “slot” shall include “slot exemptions”; and
(C) for Ronald Reagan Washington National Airport, the Administrator shall not count, for the purposes of section 93.213(a)(5), slots currently held by an air carrier but leased out on a long-term basis by that carrier for use in foreign air transportation and renounced by the carrier for return to the Department of Transportation or the Federal Aviation Administration.
(6)
(7)
(8)
(9)
(i) 60-
(1)
(A) the names of the airports to be served;
(B) the times requested; and
(C) such additional information as the Secretary may require.
(2)
(A) approve the request if the Secretary determines that the requirements of the section under which the request is made are met;
(B) return the request to the applicant for additional information relating to the request to provide air transportation; or
(C) deny the request and state the reasons for its denial.
(3) 60-
(4)
(j)
(k)
(Added Pub. L. 103–305, title II, §206(a)(1), Aug. 23, 1994, 108 Stat. 1584; amended Pub. L. 104–287, §5(9), Oct. 11, 1996, 110 Stat. 3389; Pub. L. 105–66, title III, §345, Oct. 27, 1997, 111 Stat. 1449; Pub. L. 105–102, §2(24), Nov. 20, 1997, 111 Stat. 2205; Pub. L. 105–154, §2(a)(1)(C), (2), Feb. 6, 1998, 112 Stat. 3; Pub. L. 106–181, title II, §231(a), (d)(2)–(4), Apr. 5, 2000, 114 Stat. 106, 112.)
Historical and Revision Notes
Pub. L. 105–102
This amends 49:41714(d)(1) to make a conforming cross-reference necessary because of the restatement of the Metropolitan Washington Airports Act of 1986 (Public Law 99–500, 100 Stat. 1783–373, Public Law 99–591, 100 Stat. 3341–376) by section 2(26) of this Act as chapter 491 of title 49.
Amendments
2000—Subsec. (a)(3). Pub. L. 106–181, §231(d)(2), struck out before period at end “; except that the Secretary shall not be required to make slots available at O'Hare International Airport in Chicago, Illinois, if the number of slots available for basic essential air service (including slots specifically designated as essential air service slots and slots used for such purposes) to and from such airport is at least 132 slots”.
Subsec. (b)(2). Pub. L. 106–181, §231(d)(3), inserted “at Chicago O'Hare International Airport” after “a slot” and struck out before period at end “if the withdrawal of that slot would result in the withdrawal of slots from an air carrier at O'Hare International Airport under section 93.223 of title 14, Code of Federal Regulations, in excess of the total withdrawn from that air carrier as of October 31, 1993”.
Subsec. (b)(4). Pub. L. 106–181, §231(d)(4), amended heading and text of par. (4) generally. Prior to amendment, text read as follows: “This subsection and exemptions issued under this subsection shall cease to be in effect when the final rules issued under subsection (f) become effective.”
Subsec. (c). Pub. L. 106–181, §231(a)(4), reenacted subsec. heading and struck out “(1)
Subsec. (h). Pub. L. 106–181, §231(a)(5)(A), in introductory provisions, substituted “and sections 41715–41718 and 41734(h)” for “and section 41734(h)”.
Subsec. (h)(3). Pub. L. 106–181, §231(a)(5)(B), struck out “as defined in subpart S of part 93 of title 14, Code of Federal Regulations” before period at end.
Subsec. (h)(5) to (9). Pub. L. 106–181, §231(a)(5)(C), added pars. (5) to (9).
Subsec. (i). Pub. L. 106–181, §231(a)(1), amended heading and text of subsec. (i) generally. Prior to amendment, text read as follows: “Within 120 days after receiving an application for an exemption under subsection (a)(2) to improve air service between a nonhub airport (as defined in section 41731(a)(4)) and a high density airport subject to the exemption authority under subsection (a), the Secretary shall grant or deny the exemption. The Secretary shall notify the Senate Committee on Commerce, Science, and Transportation and the House Committee on Transportation and Infrastructure of the grant or denial within 14 calendar days after the determination and state the reasons for the determination.”
Subsecs. (j), (k). Pub. L. 106–181, §231(a)(2), (3), added subsecs. (j) and (k).
1998—Subsecs. (a)(1), (b)(1), (c)(1), (d). Pub. L. 105–154 substituted “Ronald Reagan Washington National Airport” for “Washington National Airport” wherever appearing in text and in subsec. (d) heading.
1997—Subsec. (d)(1). Pub. L. 105–102 substituted “sections 49104(a)(5) and 49111(e) of this title” for “sections 6005(c)(5) and 6009(e) of the Metropolitan Washington Airports Act of 1986”.
Subsec. (i). Pub. L. 105–66 added subsec. (i).
1996—Subsec. (e)(2). Pub. L. 104–287 substituted “Transportation and Infrastructure” for “Public Works and Transportation”.
Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
Return of Withdrawn Slots
Pub. L. 106–181, title II, §231(d)(5), Apr. 5, 2000, 114 Stat. 112, provided that: “The Secretary [of Transportation] shall return any slot withdrawn from an air carrier under section 41714(b) of title 49, United States Code, before the date of the enactment of this Act [Apr. 5, 2000], to that carrier on April 30, 2000.”
§41715. Phase-out of slot rules at certain airports
(a)
(1) after July 1, 2002, at Chicago O'Hare International Airport; and
(2) after January 1, 2007, at LaGuardia Airport or John F. Kennedy International Airport.
(b)
(1) as affecting the Federal Aviation Administration's authority for safety and the movement of air traffic; and
(2) as affecting any other authority of the Secretary to grant exemptions under section 41714.
(c)
(1)
(2)
(Added Pub. L. 106–181, title II, §231(b)(2), Apr. 5, 2000, 114 Stat. 108.)
Prior Provisions
A prior section 41715 was renumbered section 41719 of this title.
Effective Date
Section applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as an Effective Date of 2000 Amendments note under section 106 of this title.
§41716. Interim slot rules at New York airports
(a)
(1) if the air carrier was not providing such air transportation during the week of November 1, 1999;
(2) if the number of flights to be provided between such airports by the air carrier during any week will exceed the number of flights provided by the air carrier between such airports during the week of November 1, 1999; or
(3) if the air transportation to be provided under the exemption will be provided with a regional jet as replacement of turboprop air transportation that was being provided during the week of November 1, 1999.
(b)
(c)
(d)
(1) before October 1, 1999, the Secretary received a written air service termination notice for that route; or
(2) after September 30, 1999, the air carrier submits an air service termination notice under section 41719 for that route and the Secretary determines that the carrier suffered excessive losses, including substantial losses on operations on that route during any three quarters of the year immediately preceding the date of submission of the notice.
(Added Pub. L. 106–181, title II, §231(c), Apr. 5, 2000, 114 Stat. 109; amended Pub. L. 108–447, div. H, title I, §199, Dec. 8, 2004, 118 Stat. 3235.)
References in Text
The date of the enactment of this subsection, referred to in subsec. (d), is the date of enactment of Pub. L. 106–181, which was approved Apr. 5, 2000.
Prior Provisions
A prior section 41716 was renumbered section 41720 of this title.
Amendments
2004—Subsec. (b). Pub. L. 108–447 inserted before period at end “; except that the Secretary may grant not to exceed 4 additional slot exemptions at LaGuardia Airport to an incumbent air carrier operating at least 20 but not more than 28 slots at such airport as of October 1, 2004, to provide air transportation between LaGuardia Airport and a small hub airport or nonhub airport”.
Effective Date
Section applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as an Effective Date of 2000 Amendments note under section 106 of this title.
§41717. Interim application of slot rules at Chicago O'Hare International Airport
(a)
(b)
(1) if the air carrier was not providing such air transportation during the week of November 1, 1999;
(2) if the number of flights to be provided between such airports by the air carrier during any week will exceed the number of flights provided by the air carrier between such airports during the week of November 1, 1999; or
(3) if the air transportation to be provided under the exemption will be provided with a regional jet as replacement of turboprop air transportation that was being provided during the week of November 1, 1999.
(c)
(1)
(2)
(d)
(1)
(2)
(3)
(4)
(e)
(1)
(2)
(f)
(g)
(1) before October 1, 1999, the Secretary received a written air service termination notice for that route; or
(2) after September 30, 1999, the air carrier submits an air service termination notice under section 41719 for that route and the Secretary determines that the carrier suffered excessive losses, including substantial losses on operations on that route during the calendar quarters immediately preceding submission of the notice.
(Added Pub. L. 106–181, title II, §231(d)(1), Apr. 5, 2000, 114 Stat. 110.)
References in Text
The date of the enactment of this subsection, referred to in subsec. (g), is the date of enactment of Pub. L. 106–181, which was approved Apr. 5, 2000.
Effective Date
Section applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as an Effective Date of 2000 Amendments note under section 106 of this title.
§41718. Special rules for Ronald Reagan Washington National Airport
(a)
(1) provide air transportation with domestic network benefits in areas beyond the perimeter described in that section;
(2) increase competition by new entrant air carriers or in multiple markets;
(3) not reduce travel options for communities served by small hub airports and medium hub airports within the perimeter described in section 49109; and
(4) not result in meaningfully increased travel delays.
(b)
(1) by new entrant air carriers and limited incumbent air carriers;
(2) to communities without existing nonstop air transportation to Ronald Reagan Washington National Airport;
(3) to small communities;
(4) that will provide competitive nonstop air transportation on a monopoly nonstop route to Ronald Reagan Washington National Airport; or
(5) that will produce the maximum competitive benefits, including low fares.
(c)
(1)
(2)
(3)
(A) without regard to the criteria contained in subsection (b)(1), six shall be for air transportation to small hub airports and nonhub airports;
(B) ten shall be for air transportation to medium hub and smaller airports; and
(C) four shall be for air transportation to airports without regard to their size.
(4)
(d)
(e)
(f)
(Added Pub. L. 106–181, title II, §231(e)(1), Apr. 5, 2000, 114 Stat. 112; amended Pub. L. 108–176, title IV, §§425, 426(a), Dec. 12, 2003, 117 Stat. 2555.)
Amendments
2003—Subsec. (a). Pub. L. 108–176, §425(a), substituted “24 exemptions” for “12 exemptions” in introductory provisions.
Subsec. (b). Pub. L. 108–176, §425(b), in introductory provisions, substituted “20 exemptions” for “12 exemptions” and struck out “that were designated as medium hub or smaller airports” before “within the perimeter established”.
Subsec. (c)(2). Pub. L. 108–176, §425(c)(1), substituted “3 operations” for “two operations”.
Subsec. (c)(3)(A). Pub. L. 108–176, §425(c)(2)(A), substituted “without regard to the criteria contained in subsection (b)(1), six” for “four” and struck out “and” at end.
Subsec. (c)(3)(B). Pub. L. 108–176, §425(c)(2)(B), substituted “ten” for “eight” and “; and” for period at end.
Subsec. (c)(3)(C). Pub. L. 108–176, §425(c)(2)(C), added subpar. (C).
Subsec. (d). Pub. L. 108–176, §425(d), amended heading and text of subsec. (d) generally. Prior to amendment, text read as follows:
“(1)
“(2)
“(3)
Subsec. (f). Pub. L. 108–176, §426(a), added subsec. (f).
Effective Date of 2003 Amendment
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
Effective Date
Section applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as an Effective Date of 2000 Amendments note under section 106 of this title.
Regulations
Pub. L. 108–176, title IV, §426(b), Dec. 12, 2003, 117 Stat. 2556, provided that: “The Administrator of the Federal Aviation Administration shall revise regulations to take into account the amendment made by subsection (a) [amending this section].”
General Aviation Flights at Ronald Reagan Washington National Airport
Pub. L. 108–176, title VIII, §823, Dec. 12, 2003, 117 Stat. 2595, provided that:
“(a)
“(b)
“(c)
§41719. Air service termination notice
(a)
(b)
(1) the carrier involved is experiencing a sudden or unforeseen financial emergency, including natural weather related emergencies, equipment-related emergencies, and strikes;
(2) the termination of transportation is made for seasonal purposes only;
(3) the carrier involved has operated at the affected nonhub airport for 180 days or less;
(4) the carrier involved provides other transportation by jet from another airport serving the same community as the affected nonhub airport; or
(5) the carrier involved makes alternative arrangements, such as a change of aircraft size, or other types of arrangements with a part 121 or part 135 air carrier, that continues uninterrupted service from the affected nonhub airport.
(c)
(d)
(1)
(2)
(3)
(A) a part 135 air carrier; or
(B) a part 121 air carrier that provides air transportation exclusively with aircraft having a seating capacity of no more than 70 passengers.
(4)
(Added Pub. L. 103–305, title II, §207(a), Aug. 23, 1994, 108 Stat. 1587, §41715; amended Pub. L. 103–429, §6(53), Oct. 31, 1994, 108 Stat. 4385; Pub. L. 104–287, §5(73), Oct. 11, 1996, 110 Stat. 3396; renumbered §41719, Pub. L. 106–181, title II, §231(b)(1), Apr. 5, 2000, 114 Stat. 108; Pub. L. 108–176, title II, §225(b)(1), Dec. 12, 2003, 117 Stat. 2528.)
Historical and Revision Notes
This amends 49:41715(a) to conform to the style of title 49.
Amendments
2003—Subsec. (d). Pub. L. 108–176 redesignated pars. (2) to (5) as (1) to (4), respectively, and struck out former par. (1) which defined “nonhub airport”.
2000—Pub. L. 106–181 renumbered section 41715 of this title as this section.
1996—Subsec. (a). Pub. L. 104–287 substituted “Secretary of Transportation's” for “Secretary's”.
1994—Subsec. (d)(1). Pub. L. 103–429 substituted “41731(a)(4)” for “41731(a)(3)”.
Effective Date of 2003 Amendment
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
Effective Date
Section 207(d) of Pub. L. 103–305 provided that: “The amendments made by this section [enacting this section and amending section 46301 of this title] shall take effect on February 1, 1995.”
§41720. Joint venture agreements
(a)
(1)
(2)
(b)
(1) a complete copy of the joint venture agreement and all related agreements; and
(2) other information and documentary material that the Secretary may require by regulation.
(c)
(1)
(A) in the case of a joint venture agreement with regard to code-sharing, the 150th day following the last day of such period; and
(B) in the case of any other joint venture agreement, the 60th day following the last day of such period.
(2)
(d)
(e)
(f)
(g)
(1) the parties submitted the agreement to the Secretary before such date of enactment; and
(2) the parties submitted all information on the agreement requested by the Secretary,
the waiting period described in paragraphs (2) and (3) shall begin on the date, as determined by the Secretary, on which all such information was submitted and end on the last day to which the period could be extended under this section.
(h)
(Added Pub. L. 105–277, div. C, title I, §110(f)(1), Oct. 21, 1998, 112 Stat. 2681–588, §41716; renumbered §41720 and amended Pub. L. 106–181, title II, §231(b)(1), title VII, §709, Apr. 5, 2000, 114 Stat. 108, 159.)
References in Text
The date of enactment of this section, referred to in subsecs. (f) and (g), is the date of enactment of Pub. L. 105–277, which was approved Oct. 21, 1998.
Codification
Pub. L. 105–277, §110(f)(1), which directed amendment of subchapter I of chapter 417 by adding this section at the end, without specifying a Code title or Act, was executed by adding this section at the end of this subchapter to reflect the probable intent of Congress.
Amendments
2000—Pub. L. 106–181 renumbered section 41716 of this title as this section.
Subsec. (a)(1). Pub. L. 106–181, §709, substituted “an agreement between two or more major air carriers” for “an agreement entered into by a major air carrier”.
Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
§41721. Reports by carriers on incidents involving animals during air transport
(a)
(b)
(c)
(d)
(e)
(Added Pub. L. 106–181, title VII, §710(a), Apr. 5, 2000, 114 Stat. 159.)
Effective Date
Section applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as an Effective Date of 2000 Amendments note under section 106 of this title.
§41722. Delay reduction actions
(a)
(1) the Administrator determines that it is necessary to convene such a meeting; and
(2) the Secretary determines that the meeting is necessary to meet a serious transportation need or achieve an important public benefit.
(b)
(1) shall be chaired by the Administrator;
(2) shall be open to all scheduled air carriers; and
(3) shall be limited to discussions involving the airports and time periods described in the Administrator's determination.
(c)
(d)
(e)
(Added Pub. L. 108–176, title IV, §422(a), Dec. 12, 2003, 117 Stat. 2552.)
Effective Date
Section applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as an Effective Date of 2003 Amendment note under section 106 of this title.
§41723. Notice concerning aircraft assembly
The Secretary of Transportation shall require, beginning after the last day of the 18-month period following the date of enactment of this section, an air carrier using an aircraft to provide scheduled passenger air transportation to display a notice, on an information placard available to each passenger on the aircraft, that informs the passengers of the nation in which the aircraft was finally assembled.
(Added Pub. L. 108–176, title VIII, §810(a), Dec. 12, 2003, 117 Stat. 2590.)
References in Text
The date of enactment of this section, referred to in text, is the date of enactment of Pub. L. 108–176, which was approved Dec. 12, 2003.
Effective Date
Section applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as an Effective Date of 2003 Amendment note under section 106 of this title.
SUBCHAPTER II—SMALL COMMUNITY AIR SERVICE
§41731. Definitions
(a)
(1) “eligible place” means a place in the United States that—
(A)(i) was an eligible point under section 419 of the Federal Aviation Act of 1958 before October 1, 1988;
(ii) received scheduled air transportation at any time after January 1, 1990; and
(iii) is not listed in Department of Transportation Orders 89–9–37 and 89–12–52 as a place ineligible for compensation under this subchapter; or
(B) determined,1 on or after October 1, 1988, and before the date of the enactment of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century, under this subchapter by the Secretary to be eligible to receive subsidized small community air service under section 41736(a).
(2) “enhanced essential air service” means scheduled air transportation to an eligible place of a higher level or quality than basic essential air service described in section 41732 of this title.
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1143; Pub. L. 106–181, title II, §208, Apr. 5, 2000, 114 Stat. 95; Pub. L. 108–176, title II, §225(b)(2), Dec. 12, 2003, 117 Stat. 2529.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41731(a)(1) | 49 App.:1389(a)(1). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §419(a); added Oct. 24, 1978, Pub. L. 95–504, §33(a), 92 Stat. 1732; Dec. 8, 1983, Pub. L. 98–213, §10, 97 Stat. 1461; Oct. 4, 1984, Pub. L. 98–443, §9(r), 98 Stat. 1708; restated Dec. 30, 1987, Pub. L. 100–223, §202(a)(1), (2), (b)(1), 101 Stat. 1507, 1508; restated Nov. 5, 1990, Pub. L. 101–508, §9113(a), 104 Stat. 1388–363. |
| 41731(a)(2) | 49 App.:1389(k)(2). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §419(k)(2)–(5); added Oct. 24, 1978, Pub. L. 95–504, §33(a), 92 Stat. 1732; Dec. 8, 1983, Pub. L. 98–213, §10, 97 Stat. 1461; Oct. 4, 1984, Pub. L. 98–443, §9(r), 98 Stat. 1708; restated Dec. 30, 1987, Pub. L. 100–223, §202(a)(1), (2), (b)(1), 101 Stat. 1507, 1517. |
| 41731(a)(3) | 49 App.:1389(k)(3). | |
| 41731(a)(4) | 49 App.:1389(k)(4). | |
| 41731(a)(5) | 49 App.:1389(k)(5). | |
| 41731(b) | 49 App.:1389(a)(2). |
In this subchapter (except subsection (a)(1)(A) of this section), the word “place” is substituted for “point” for clarity and consistency in the revised title.
In subsection (a)(1)(A), the words “was an eligible point . . . before October 1, 1988” are substituted for “is defined as an eligible point . . . as in effect before October 1, 1988” for clarity and to eliminate unnecessary words.
In subsection (a)(2), the words “described in section 41732 of this title” are added for clarity.
In subsection (a)(3)–(5), the word “boardings” is substituted for “enplanements” for clarity and consistency in the revised title.
References in Text
Section 419 of the Federal Aviation Act of 1958, referred to in subsec. (a)(1)(A)(i), is section 419 of Pub. L. 85–726, which was classified to section 1389 of former Title 49, Transportation, and was repealed and reenacted as this subchapter by Pub. L. 103–272, §§1(e), 7(b), July 5, 1994, 108 Stat. 1143, 1379.
The date of the enactment of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century, referred to in subsec. (a)(1)(B), is the date of enactment of Pub. L. 106–181, which was approved Apr. 5, 2000.
Amendments
2003—Subsec. (a)(3) to (5). Pub. L. 108–176 struck out pars. (3) to (5) which defined “hub airport”, “nonhub airport”, and “small hub airport”, respectively.
2000—Subsec. (a)(1). Pub. L. 106–181 redesignated subpars. (A), (B), and (C) as cls. (i), (ii), and (iii), respectively, of subpar (A) and added subpar. (B).
Effective Date of 2003 Amendment
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
Code-Sharing Pilot Program
Pub. L. 108–176, title IV, §406, Dec. 12, 2003, 117 Stat. 2545, provided that:
“(a)
“(b)
Measurement of Highway Miles for Purposes of Determining Eligibility of Essential Air Service Subsidies
Pub. L. 108–176, title IV, §409, Dec. 12, 2003, 117 Stat. 2547, provided that:
“(a)
“(b)
“(1) consulting with the Governor of a State or the Governor's designee; and
“(2) considering the certification of the Governor of a State or the Governor's designee as to the most commonly used route.
“(c)
“(1) determine whether the eligible place would have been subject to an elimination of compensation eligibility for essential air service, or termination of the eligibility of such place for essential air service, under the provisions of law referred to in subsection (a) based on the determination of the highway mileage of such place from the nearest medium hub airport or large hub airport under subsection (b); and
“(2) issue a final order with respect to the eligibility of such place for essential air service compensation under subchapter II of chapter 417 of title 49, United States Code.
“(d)
Marketing Practices
Pub. L. 106–181, title II, §207, Apr. 5, 2000, 114 Stat. 94, provided that:
“(a)
“(1) marketing arrangements between airlines and travel agents;
“(2) code-sharing partnerships;
“(3) computer reservation system displays;
“(4) gate arrangements at airports;
“(5) exclusive dealing arrangements; and
“(6) any other marketing practice that may have the same effect.
“(b)
“(c)
Restrictions on Essential Air Service Subsidies
Pub. L. 106–181, title II, §205, Apr. 5, 2000, 114 Stat. 94, provided that: “The Secretary [of Transportation] may provide assistance under subchapter II of chapter 417 of title 49, United States Code, with respect to a place that is located within 70 highway miles of a hub airport (as defined by section 41731 of such title) if the most commonly used highway route between the place and the hub airport exceeds 70 miles.”
Pub. L. 106–69, title III, §332, Oct. 9, 1999, 113 Stat. 1022, provided that: “Hereafter, notwithstanding 49 U.S.C. 41742, no essential air service subsidies shall be provided to communities in the 48 contiguous States that are located fewer than 70 highway miles from the nearest large or medium hub airport, or that require a rate of subsidy per passenger in excess of $200 unless such point is greater than 210 miles from the nearest large or medium hub airport.”
Similar provisions were contained in the following prior appropriation act:
Pub. L. 105–277, div. A, §101(g) [title III, §334], Oct. 21, 1998, 112 Stat. 2681–439, 2681–471.
Pub. L. 105–66, title III, §336, Oct. 27, 1997, 111 Stat. 1447.
1 So in original. Probably should be “was determined,”.
§41732. Basic essential air service
(a)
(1) to a hub airport that has convenient connecting or single-plane air service to a substantial number of destinations beyond that airport; or
(2) to a small hub or nonhub airport, when in Alaska or when the nearest hub airport is more than 400 miles from an eligible place.
(b)
(1)(A) for a place not in Alaska, 2 daily round trips 6 days a week, with not more than one intermediate stop on each flight; or
(B) for a place in Alaska, a level of service at least equal to that provided in 1976 or 2 round trips a week, whichever is greater, except that the Secretary of Transportation and the appropriate State authority of Alaska may agree to a different level of service after consulting with the affected community.
(2) flights at reasonable times considering the needs of passengers with connecting flights at the airport and at prices that are not excessive compared to the generally prevailing prices of other air carriers for like service between similar places.
(3) for a place not in Alaska, service provided in an aircraft with an effective capacity of at least 15 passengers if the average daily boardings at the place in any calendar year from 1976-1986 were more than 11 passengers unless—
(A) that level-of-service requirement would require paying compensation in a fiscal year under section 41733(d) or 41734(d) or (e) of this title for the place when compensation otherwise would not have been paid for that place in that year; or
(B) the affected community agrees with the Secretary in writing to the use of smaller aircraft to provide service to the place.
(4) service accommodating the estimated passenger and property traffic at an average load factor, for each class of traffic considering seasonal demands for the service, of not more than—
(A) 50 percent; or
(B) 60 percent when service is provided by aircraft with more than 14 passenger seats.
(5) service provided in aircraft with at least 2 engines and using 2 pilots, unless scheduled air transportation has not been provided to the place in aircraft with at least 2 engines and using 2 pilots for at least 60 consecutive operating days at any time since October 31, 1978.
(6) service provided by pressurized aircraft when the service is provided by aircraft that regularly fly above 8,000 feet in altitude.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1144.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41732(a) | 49 App.:1389(k)(1) (1st sentence). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §419(k)(1); added Oct. 24, 1978, Pub. L. 95–504, §33(a), 92 Stat. 1732; Dec. 8, 1983, Pub. L. 98–213, §10, 97 Stat. 1461; Oct. 4, 1984, Pub. L. 98–443, §9(r), 98 Stat. 1708; restated Dec. 30, 1987, Pub. L. 100–223, §202(a)(1), (2), (b)(1), 101 Stat. 1507, 1516. |
| 41732(b) | 49 App.:1389(k)(1) (last sentence). |
In subsection (a), before clause (1), the words “provided under section 41733 of this title” are added for clarity. In clause (2), the words “from an eligible place” are added for clarity.
In subsection (b), before clause (1), the words “Basic essential air service” are substituted for “Such transportation” for clarity and consistency in the revised title. In clause (1)(B), the word “1976” is substituted for “calendar year 1976” to eliminate unnecessary words. The words “appropriate State authority of Alaska” are substituted for “State agency of the State of Alaska” for clarity and consistency with the source provisions restated in section 41734(a) of the revised title. The words “agree to a different level of service” are substituted for “otherwise specified under an agreement” for clarity. In clause (2), the word “prices” is substituted for “rates, fares, and charges” and “fares” because of the definition of “price” in section 40102(a) of the revised title. In clause (3), before subclause (A), the word “boardings” is substituted for “enplanements” for clarity and consistency in the revised title. The words “from 1976-1986” are substituted for “beginning after December 31, 1975, and ending on or before December 31, 1986” to eliminate unnecessary words. In subclause (B), the words “affected community” are substituted for “community concerned” for consistency with the source provisions restated in clause (1)(B) of this section. In clause (5), the words “for at least 60 consecutive operating days” are substituted for “on each of 60 consecutive operating days” for clarity.
§41733. Level of basic essential air service
(a)
(b)
(2) Until the Secretary has made a decision on a level of basic essential air service for an eligible place under this subsection, the Secretary, on petition by an appropriate representative of the place, shall prohibit an air carrier from ending, suspending, or reducing air transportation to that place that appears to deprive the place of basic essential air service.
(c)
(A) the demonstrated reliability of the applicant in providing scheduled air service;
(B) the contractual and marketing arrangements the applicant has made with a larger carrier to ensure service beyond the hub airport;
(C) the interline arrangements that the applicant has made with a larger carrier to allow passengers and cargo of the applicant at the hub airport to be transported by the larger carrier through one reservation, ticket, and baggage check-in;
(D) the preferences of the actual and potential users of air transportation at the eligible place, giving substantial weight to the views of the elected officials representing the users; and
(E) for an eligible place in Alaska, the experience of the applicant in providing, in Alaska, scheduled air service, or significant patterns of non-scheduled air service under an exemption granted under section 40109(a) and (c)–(h) of this title.
(2) Under guidelines prescribed under section 41737(a) of this title, the Secretary shall pay the rate of compensation for providing basic essential air service under this section and section 41734 of this title.
(d)
(e)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1145; Pub. L. 106–181, title II, §209(b), Apr. 5, 2000, 114 Stat. 95.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41733(a) | 49 App.:1389(b)(1)(A) (less last sentence last 24 words), (C). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §419(b)(1), (3), (4), (9); added Oct. 24, 1978, Pub. L. 95–504, §33(a), 92 Stat. 1732; Dec. 8, 1983, Pub. L. 98–213, §10, 97 Stat. 1461; Oct. 4, 1984, Pub. L. 98–443, §9(r), 98 Stat. 1708; restated Dec. 30, 1987, Pub. L. 100–223, §202(a)(1), (2), (b)(1), 101 Stat. 1507, 1508, 1509, 1511. |
| 41733(b)(1) | 49 App.:1389(b)(1)(A) (last sentence last 24 words), (B). | |
| 41733(b)(2) | 49 App.:1389(b)(9). | |
| 41733(c) | 49 App.:1389(b)(3). | |
| 41733(d) | 49 App.:1389(b)(4). | |
| 41733(e) | 49 App.:1389(b)(1)(D). |
In subsection (a), the words “the level of basic essential air service for that place shall be the level established by the Secretary of Transportation for that place” are substituted for “Such determination shall be made” because the determinations for those places have been made. The words “by not later than December 29, 1988” are substituted for “no later than the last day of the 1-year period beginning on December 30, 1987” for clarity. The words “and only after consideration of the views of any interested community and the State agency of the State in which such community is located” and 49 App.:1389(b)(1)(C) are omitted as executed.
In subsections (b)(1) and (e), the words “appropriate State authority” are substituted for “State agency” for clarity and consistency with the source provisions restated in section 41734(a) of the revised title.
In section (b)(2), the words “that appears to deprive” are substituted for “which reasonably appears to deprive” to eliminate an unnecessary word.
In subsection (c)(1), before clause (A), the words “an air carrier may apply to provide basic essential air service to the place for compensation” are substituted for “applications may be submitted by any air carrier that is willing to provide such service to such point for compensation” for clarity and to eliminate unnecessary words.
References in Text
Section 419 of the Federal Aviation Act of 1958, referred to in subsec. (a), is section 419 of Pub. L. 85–726, which was classified to section 1389 of former Title 49, Transportation, and was repealed and reenacted as this subchapter by Pub. L. 103–272, §§1(e), 7(b), July 5, 1994, 108 Stat. 1143, 1379.
Amendments
2000—Subsec. (e). Pub. L. 106–181 inserted before period at end “, to the extent such adjustments are to a level not less than the basic essential air service level established under subsection (a) for the airport that serves the community”.
Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
Effect on Certain Orders
Pub. L. 106–181, title II, §209(c), Apr. 5, 2000, 114 Stat. 95, provided that: “All orders issued by the Secretary [of Transportation] after September 30, 1999, and before the date of the enactment of this Act [Apr. 5, 2000] establishing, modifying, or revoking essential air service levels shall be null and void beginning on the 90th day following such date of enactment. During the 90-day period, the Secretary shall reconsider such orders and shall issue new orders consistent with the amendments made by this section [amending this section and section 41742 of this title].”
§41734. Ending, suspending, and reducing basic essential air service
(a)
(b)
(c)
(d)
(1) to pay for the fully allocated actual cost to the carrier of performing the basic essential air service that was being provided when the 90-day notice was given under subsection (a) of this section plus a reasonable return on investment that is at least 5 percent of operating costs; and
(2) to provide the carrier an additional return that recognizes the demonstrated additional lost profits from opportunities foregone and the likelihood that those lost profits increase as the period during which the carrier is required to provide the service continues.
(e)
(1) to pay for the fully allocated actual cost to the carrier of performing the basic essential air service that was being provided when the 90-day notice was given under subsection (a) of this section plus a reasonable return on investment that is at least 5 percent of operating costs; and
(2) to provide the carrier an additional return that recognizes the demonstrated additional lost profits from opportunities foregone and the likelihood that those lost profits increase as the period during which the carrier is required to provide the service continues.
(f)
(g)
(1) the carrier that will provide the service needs the authority; and
(2) the authority to be transferred is being used to provide air service to another eligible place.
(h)
(i)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1146; Pub. L. 103–305, title II, §206(c), Aug. 23, 1994, 108 Stat. 1587; Pub. L. 103–429, §6(81), Oct. 31, 1994, 108 Stat. 4388; Pub. L. 108–176, title IV, §401, Dec. 12, 2003, 117 Stat. 2542.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41734(a) | 49 App.:1389(b)(2). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §419(b)(2), (5)–(8); added Oct. 24, 1978, Pub. L. 95–504, §33(a), 92 Stat. 1732; Dec. 8, 1983, Pub. L. 98–213, §10, 97 Stat. 1461; Oct. 4, 1984, Pub. L. 98–443, §9(r), 98 Stat. 1708; restated Dec. 30, 1987, Pub. L. 100–223, §202(a)(1), (2), (b)(1), 101 Stat. 1507, 1509, 1510. |
| 41734(b) | 49 App.:1389(b)(5) (1st sentence). | |
| 41734(c) | 49 App.:1389(b)(5) (last sentence). | |
| 41734(d) | 49 App.:1389(b)(6)(A). | |
| 41734(e) | 49 App.:1389(b)(6)(B). | |
| 41734(f) | 49 App.:1389(b)(8). | |
| 41734(g) | 49 App.:1389(b)(7). |
In subsection (b), the words “If at the end of the notice period under subsection (a) of this section” are substituted for “If an air carrier has provided notice to the Secretary under paragraph (2) of such air carrier's intention to suspend, terminate, or reduce service to any eligible point below the level of basic essential air service to such point, and if at the conclusion of the applicable period of notice” for clarity and to eliminate unnecessary words.
In subsection (c), the words “either with or without compensation” are omitted as unnecessary. The words “shall require the carrier providing service to continue to provide service for additional 30-day periods” are substituted for “shall extend such requirement for such additional 30-day periods . . . as may be necessary to continue basic essential air service to such eligible point”, and the words “the Secretary shall decide if another carrier will provide service on a continuing basis” are substituted for “making the same determination”, for clarity.
In subsections (d)(1) and (e)(1), the word “fair” is omitted as being included in “reasonable”.
In subsection (d), before clause (1), the words “basic essential air service” are substituted for “air transportation” and “such transportation” for consistency with the source provisions restated in this section. The words “to continue to provide service to the place under this section after the 90-day notice period under subsection (a) of this section” are substituted for “to continue service to such point beyond the date on which such carrier would, but for paragraph (5), be able to suspend, terminate, or reduce such service below the level of basic essential air service to such point” to eliminate unnecessary words.
In subsection (e), before clause (1), the words “basic essential air service” are substituted for “air transportation” for consistency with the source provisions restated in this section. The words “after the end of the 90-day notice period that is” are substituted for “then” for clarity.
In subsection (f), the words “basic essential air service” are substituted for “air transportation which such air carrier has proposed to terminate, reduce, or suspend” for consistency with the source provisions restated in this section.
In subsection (g)(2), the words “the authority to be transferred is being used only to provide air service to the eligible place” are substituted for “unless . . . such authority is being used to provide air service with respect to more than 1 eligible point” for clarity and because of the restatement.
References in Text
The date of enactment of this subsection, referred to in subsec. (i), is the date of enactment of Pub. L. 108–176, which was approved Dec. 12, 2003.
Amendments
2003—Subsec. (i). Pub. L. 108–176 added subsec. (i).
1994—Subsec. (g)(2). Pub. L. 103–429 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “the authority to be transferred is being used only to provide air service to the eligible place.”
Subsec. (h). Pub. L. 103–305 added subsec. (h).
Effective Date of 2003 Amendment
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
Definitions
For definitions of the terms “slot” and “high density airport” used in subsec. (h) of this section, see section 41714(h) of this title.
§41735. Enhanced essential air service
(a)
(A) specify the level and type of enhanced essential air service the State or local government considers appropriate; and
(B) include an agreement related to compensation required for the proposed service.
(2) The agreement submitted under paragraph (1)(B) of this subsection shall provide that—
(A) the State or local government or a person pay 50 percent of the compensation required for the proposed service and the United States Government pay the remaining 50 percent; or
(B)(i) the Government pay 100 percent of the compensation; and
(ii) if the proposed service is not successful for at least a 2-year period under the criteria prescribed by the Secretary under paragraph (3) of this subsection, the eligible place is not eligible for air service or air transportation for which compensation is paid by the Secretary under this subchapter.
(3) The Secretary shall prescribe by regulation objective criteria for deciding whether enhanced essential air service to an eligible place under this section is successful in terms of—
(A) increasing passenger usage of the airport facilities at the place; and
(B) reducing the amount of compensation provided by the Secretary under this subchapter for that service.
(b)
(1) approve the proposal if the Secretary decides the proposal is reasonable; or
(2) if the Secretary decides the proposal is not reasonable, disapprove the proposal and notify the State or local government of the disapproval and the reasons for the disapproval.
(c)
(A) the air carrier maintains the level of enhanced essential air service;
(B) the State or local government or person agreeing to pay compensation under this section continues to pay the compensation; and
(C) the Secretary decides the compensation is necessary to maintain the service to the place.
(2) The Secretary may require the State or local government or person agreeing to pay compensation under this section to make advance payments or provide other security to ensure that timely payments are made.
(d)
(2) For service for which the Government pays 50 percent of the compensation, based on the review and consultation with the affected community and the State or local government or person paying the remaining 50 percent of the compensation, the Secretary shall make appropriate adjustments in the type and level of service to the place.
(3) For service for which the Government pays 100 percent of the compensation, based on the review and consultation with the State or local government submitting the proposal, the Secretary shall decide whether the service has succeeded for at least a 2-year period under the criteria prescribed under subsection (a)(3) of this section. If unsuccessful, the place is not eligible for air service or air transportation for which compensation is paid by the Secretary under this subchapter.
(e)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1148.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41735(a) | 49 App.:1389(c)(1), (3)(C). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §419(c); added Oct. 24, 1978, Pub. L. 95–504, §33(a), 92 Stat. 1732; Dec. 8, 1983, Pub. L. 98–213, §10, 97 Stat. 1461; Oct. 4, 1984, Pub. L. 98–443, §9(r), 98 Stat. 1708; restated Dec. 30, 1987, Pub. L. 100–223, §202(a)(1), (2), (b)(1), 101 Stat. 1507, 1512. |
| 41735(b) | 49 App.:1389(c)(2). | |
| 41735(c) | 49 App.:1389(c)(5)–(7). | |
| 41735(d) | 49 App.:1389(c)(3)(A), (B). | |
| 41735(e) | 49 App.:1389(c)(4). |
In subsections (a)(2)(B)(ii) and (d)(3), the words “air service or air transportation for which compensation is paid” are substituted for “air service for which compensation is payable” for consistency with the source provisions restated in sections 41733 and 41736 of the revised title.
In subsection (a)(3), the word “prescribe” is substituted for “establish” for consistency in the revised title.
In subsection (b), before clause (1), the words “issue a decision” are omitted as unnecessary because of the restatement.
In subsection (c)(1)(B), the words “State or local government or person agreeing to pay compensation under this section” are substituted for “government or person agreeing to pay any non-Federal share” for clarity.
In subsection (c)(2), the words “State or local government or person agreeing to pay compensation under this section” are substituted for “non-Federal payments for enhanced essential air service under this subsection” for clarity.
In subsection (d)(2), the words “For service for which the Government pays 50 percent of the compensation” are substituted for “If the enhanced essential air service approved under this subsection is to be at a 50 percent Federal share” because of the restatement. The words “the remaining 50 percent” are substituted for “the non-Federal” for clarity and consistency in this section.
In subsection (d)(3), the words “For service for which the Government pays 100 percent of the compensation” are substituted for “If the enhanced essential air service approved under this subsection is to be at a 100 percent Federal share” because of the restatement.
§41736. Air transportation to noneligible places
(a)
(A) decide whether to designate the place as eligible to receive compensation under this section; and
(B)(i) approve the proposal if the State or local government or a person is willing and able to pay 50 percent of the compensation for providing the transportation, and notify the State or local government of the approval; or
(ii) disapprove the proposal if the Secretary decides the proposal is not reasonable under paragraph (2) of this subsection, and notify the State or local government of the disapproval and the reasons for the disapproval.
(2) In deciding whether a proposal is reasonable, the Secretary shall consider, among other factors—
(A) the traffic-generating potential of the place;
(B) the cost to the United States Government of providing the proposed transportation; and
(C) the distance of the place from the closest hub airport.
(b)
(1) at any time before October 23, 1978, the place was served by a carrier holding a certificate under section 401 of the Federal Aviation Act of 1958;
(2) the place is more than 50 miles from the nearest small hub airport or an eligible place;
(3) the place is more than 150 miles from the nearest hub airport; and
(4) the State or local government submitting the proposal or a person is willing and able to pay 25 percent of the cost of providing the compensated transportation.
Paragraph (4) does not apply to any community approved for service under this section during the period beginning October 1, 1991, and ending December 31, 1997.
(c)
(2) After making the decision under paragraph (1) of this subsection, the Secretary shall provide notice that any air carrier that is willing to provide the level of air transportation established under paragraph (1) for a place may submit an application to provide the transportation. In selecting an applicant, the Secretary shall consider, among other factors—
(A) the factors listed in section 41733(c)(1) of this title; and
(B) the views of the State or local government or person agreeing to pay compensation for the transportation.
(d)
(A) the air carrier maintains the level of air transportation established by the Secretary under subsection (c)(1) of this section;
(B) the State or local government or person agreeing to pay compensation for transportation under this section continues to pay that compensation; and
(C) the Secretary decides the compensation is necessary to maintain the transportation to the place.
(2) The Secretary may require the State or local government or person agreeing to pay compensation under this section to make advance payments or provide other security to ensure that timely payments are made.
(e)
(f)
(g)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1149; Pub. L. 106–181, title II, §202, Apr. 5, 2000, 114 Stat. 91.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41736(a) | 49 App.:1389(d)(1), (2)(A), (C). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §419(d); added Oct. 24, 1978, Pub. L. 95–504, §33(a), 92 Stat. 1732; Dec. 8, 1983, Pub. L. 98–213, §10, 97 Stat. 1461; Oct. 4, 1984, Pub. L. 98–443, §9(r), 98 Stat. 1708; restated Dec. 30, 1987, Pub. L. 100–223, §202(a)(1), (2), (b)(1), 101 Stat. 1507, 1513. |
| 41736(b) | 49 App.:1389(d)(2)(B). | |
| 41736(c)(1) | 49 App.:1389(d)(3)(A). | |
| 41736(c)(2) | 49 App.:1389(d)(4). | |
| 41736(d) | 49 App.:1389(d)(5), (7), (8). | |
| 41736(e) | 49 App.:1389(d)(3)(B). | |
| 41736(f) | 49 App.:1389(d)(2)(D). | |
| 41736(g) | 49 App.:1389(d)(6). |
In subsection (a)(1), before clause (A), the words “that the Secretary provide compensation to an air carrier to provide air transportation” are substituted for “for compensated air transportation in accordance with this subsection” for clarity. In clause (B)(i), the word “transportation” is substituted for “proposed compensated air transportation” to eliminate unnecessary words.
In subsections (c)–(g), the word “transportation” is substituted for “service” for consistency with the source provisions restated in subsections (a) and (b) of this section.
In subsections (c)(1) and (e), the words “appropriate State authority” are substituted for “State agency” for clarity and consistency with the source provisions restated in section 41734(a) of the revised title.
In subsection (d), the text of 49 App.:1389(d)(5) is omitted as unnecessary because of the restatement.
In subsection (f), the word “prescribe” is substituted for “establish” for consistency in the revised title and with other titles of the United States Code.
References in Text
Section 401 of the Federal Aviation Act of 1958, referred to in subsec. (b)(1), is section 401 of Pub. L. 85–726, which was classified to section 1371 of former Title 49, Transportation, and was repealed by Pub. L. 103–272, §7(b), July 5, 1994, 108 Stat. 1379, the first section of which enacted subtitles II, III, and V to X of Title 49, Transportation. For disposition of section 1371 of former Title 49, see Table at the beginning of Title 49.
Amendments
2000—Subsec. (b). Pub. L. 106–181 inserted concluding provisions.
Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
§41737. Compensation guidelines, limitations, and claims
(a)
(A) provide for a reduction in compensation when an air carrier does not provide service or transportation agreed to be provided;
(B) consider amounts needed by an air carrier to promote public use of the service or transportation for which compensation is being paid; and
(C) include expense elements based on representative costs of air carriers providing scheduled air transportation of passengers, property, and mail on aircraft of the type the Secretary decides is appropriate for providing the service or transportation for which compensation is being provided.
(2) Promotional amounts described in paragraph (1)(B) of this subsection shall be a special, segregated element of the compensation provided to a carrier under this subchapter.
(b)
(c)
(1) pay or deny the United States Government's share of a claim; and
(2) if denying the claim, notify the carrier of the denial and the reasons for the denial.
(d)
(2) Not more than $38,600,000 is available to the Secretary out of the Fund for each of the fiscal years ending September 30, 1993–1998, to incur obligations under this section. Amounts made available under this section remain available until expended.
(e)
(1)
(2)
(3)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1151; Pub. L. 108–176, title IV, §402(a), Dec. 12, 2003, 117 Stat. 2543.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41737(a) | 49 App.:1389(f). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §419(e)(2)–(g); added Oct. 24, 1978, Pub. L. 95–504, §33(a), 92 Stat. 1732; Dec. 8, 1983, Pub. L. 98–213, §10, 97 Stat. 1461; Oct. 4, 1984, Pub. L. 98–443, §9(r), 98 Stat. 1708; restated Dec. 30, 1987, Pub. L. 100–223, §202(a)(1), (2), (b)(1), 101 Stat. 1507, 1515. |
| 41737(b) | 49 App.:1389(e)(2). | |
| 41737(c) | 49 App.:1389(g). | |
| 41737(d) | 49 App.:1389(l). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §419(l); added Nov. 5, 1990, Pub. L. 101–508, §9113(b)(1), 104 Stat. 1388–363. |
In subsection (a)(1), before clause (A), the word “prescribe” is substituted for “establish” to eliminate an executed word. The words “air service or air transportation under this subchapter” are substituted for “air service under this section” for consistency with the source provisions restated in sections 41733, 41735, and 41736 of the revised title. In clause (C), the words “the service or transportation for which compensation is being provided” are substituted for “such service” for clarity.
In subsection (a)(2), the words “compensation provided to a carrier under this subchapter” are substituted for “required compensation” for clarity.
In subsection (b), the words “air service or air transportation” are substituted for “air service” for consistency with the source provisions restated in sections 41733, 41735, and 41736 of the revised title.
In subsection (d)(2), the reference to fiscal year 1992 is omitted as obsolete.
Amendments
2003—Subsec. (e). Pub. L. 108–176 added subsec. (e).
Effective Date of 2003 Amendment
Pub. L. 108–176, title IV, §402(b), Dec. 12, 2003, 117 Stat. 2543, provided that: “The amendment made by subsection (a) [amending this section] shall take effect 30 days after the date of enactment of this Act [Dec. 12, 2003].”
§41738. Fitness of air carriers
Notwithstanding section 40109(a) and (c)–(h) of this title, an air carrier may provide air service to an eligible place or air transportation to a place designated under section 41736 of this title only when the Secretary of Transportation decides that—
(1) the carrier is fit, willing, and able to perform the service or transportation; and
(2) aircraft used to provide the service or transportation, and operations related to the service or transportation, conform to the safety standards prescribed by the Administrator of the Federal Aviation Administration.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1152.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41738 | 49 App.:1389(e)(1). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §419(e)(1); added Oct. 24, 1978, Pub. L. 95–504, §33(a), 92 Stat. 1732; Dec. 8, 1983, Pub. L. 98–213, §10, 97 Stat. 1461; Oct. 4, 1984, Pub. L. 98–443, §9(r), 98 Stat. 1708; restated Dec. 30, 1987, Pub. L. 100–223, §202(a)(1), (2), (b)(1), 101 Stat. 1507, 1515. |
In this section, before clause (1), the words “air transportation to a place” are substituted for “service to a point” for consistency with the source provisions restated in sections 41733, 41735, and 41736 of the revised title. In clauses (1) and (2), the words “service or transportation” are substituted for “such service” for consistency with the source provisions restated in sections 41733, 41735, and 41736 of the revised title.
§41739. Air carrier obligations
If at least 2 air carriers make an agreement to operate under or use a single carrier designator code to provide air transportation, the carrier whose code is being used shares responsibility with the other carriers for the quality of transportation provided the public under the code by the other carriers.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1152.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41739 | 49 App.:1389(i). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §419(i); added Oct. 24, 1978, Pub. L. 95–504, §33(a), 92 Stat. 1732; Dec. 8, 1983, Pub. L. 98–213, §10, 97 Stat. 1461; Oct. 4, 1984, Pub. L. 98–443, §9(r), 98 Stat. 1708; restated Dec. 30, 1987, Pub. L. 100–223, §202(a)(1), (2), (b)(1), 101 Stat. 1507, 1516. |
The words “quality of transportation” are substituted for “quality of service” for clarity and consistency in this section.
§41740. Joint proposals
The Secretary of Transportation shall encourage the submission of joint proposals, including joint fares, by 2 or more air carriers for providing air service or air transportation under this subchapter through arrangements that maximize the service or transportation to and from major destinations beyond the hub.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1152; Pub. L. 108–176, title IV, §403, Dec. 12, 2003, 117 Stat. 2543.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41740 | 49 App.:1389(j). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §419(j); added Oct. 24, 1978, Pub. L. 95–504, §33(a), 92 Stat. 1732; Dec. 8, 1983, Pub. L. 98–213, §10, 97 Stat. 1461; Oct. 4, 1984, Pub. L. 98–443, §9(r), 98 Stat. 1708; restated Dec. 30, 1987, Pub. L. 100–223, §202(a)(1), (2), (b)(1), 101 Stat. 1507, 1516. |
The words “air service or air transportation” are substituted for “air service”, and the words “the service or transportation” are substituted for “service”, for consistency with the source provisions restated in sections 41733, 41735, and 41736 of the revised title.
Amendments
2003—Pub. L. 108–176 inserted “, including joint fares,” after “joint proposals”.
Effective Date of 2003 Amendment
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
§41741. Insurance
The Secretary of Transportation may pay an air carrier compensation under this subchapter only when the carrier files with the Secretary an insurance policy or self-insurance plan approved by the Secretary. The policy or plan must be sufficient to pay for bodily injury to, or death of, an individual, or for loss of or damage to property of others, resulting from the operation of aircraft, but not more than the amount of the policy or plan limits.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1152.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41741 | 49 App.:1389(h). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §419(h); added Oct. 24, 1978, Pub. L. 95–504, §33(a), 92 Stat. 1732; Dec. 8, 1983, Pub. L. 98–213, §10, 97 Stat. 1461; Oct. 4, 1984, Pub. L. 98–443, §9(r), 98 Stat. 1708; restated Dec. 30, 1987, Pub. L. 100–223, §202(a)(1), (2), (b)(1), 101 Stat. 1507, 1516. |
The words “The Secretary of Transportation may pay . . . only when” are substituted for “An air carrier shall not receive . . . unless” for clarity. The words “approved by the Secretary” are substituted for “complies with regulations or orders issued by the Secretary governing the filing and approval” to eliminate unnecessary words. The words “The policy or plan must be sufficient to pay . . . but not more than the amount of the policy or plan limits” are substituted for “in the amount prescribed by the Secretary which are conditioned to pay, within the amount of such insurance, amounts” because of the restatement. The words “for which such air carrier may become liable” are omitted as unnecessary. The word “individual” is substituted for “person” because it is more precise. The word “operation” is substituted for “operation or maintenance” because it is inclusive.
§41742. Essential air service authorization
(a)
(1)
(2)
(3)
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1152; Pub. L. 104–264, title II, §278(c), Oct. 9, 1996, 110 Stat. 3249; Pub. L. 106–181, title II, §209(a), Apr. 5, 2000, 114 Stat. 95; Pub. L. 108–176, title IV, §404, Dec. 12, 2003, 117 Stat. 2543.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41742 | 49 App.:1389(m). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §419(m); added Oct. 24, 1978, Pub. L. 95–504, §33(a), 92 Stat. 1732; Dec. 8, 1983, Pub. L. 98–213, §10, 97 Stat. 1461; Oct. 4, 1984, Pub. L. 98–443, §9(r), 98 Stat. 1708; restated Dec. 30, 1987, Pub. L. 100–223, §202(a)(1), (2), (b)(1), 101 Stat. 1507, 1517; Nov. 5, 1990, Pub. L. 101–508, §9113(b)(1), 104 Stat. 1388–363. |
References in Text
Section 47114 of this title, referred to in subsec. (b), does not contain a subsec. (g).
Amendments
2003—Subsec. (a)(2). Pub. L. 108–176, §404(1), substituted “$77,000,000” for “$15,000,000” and inserted “of which not more than $12,000,000 per fiscal year may be used for the marketing incentive program for communities and for State marketing assistance” before period at end.
Subsec. (a)(3). Pub. L. 108–176, §404(2), added par. (3).
Subsec. (c). Pub. L. 108–176, §404(3), struck out heading and text of subsec. (c). Text read as follows: “Notwithstanding subsections (a) and (b), in fiscal year 1997, amounts in excess of $75,000,000 that are collected in fees pursuant to section 45301(a)(1) of this title shall be available for the essential air service program under this subchapter, in addition to amounts specifically provided for in appropriations Acts.”
2000—Subsec. (a). Pub. L. 106–181 designated existing provisions as par. (1), inserted heading, realigned margins, and added par. (2).
1996—Pub. L. 104–264 amended section generally, substituting provisions relating to essential air service authorization for provisions stating that this subchapter was not effective after Sept. 30, 1998.
Effective Date of 2003 Amendment
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
Effective Date of 1996 Amendment
Amendment by Pub. L. 104–264 effective on date that is 30 days after Oct. 9, 1996, see section 203 of Pub. L. 104–264, set out as a note under section 106 of this title.
Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title.
Findings
Section 278(b) of Pub. L. 104–264 provided that: “Congress finds that—
“(1) air service in rural areas is essential to a national and international transportation network;
“(2) the rural air service infrastructure supports the safe operation of all air travel;
“(3) rural air service creates economic benefits for all air carriers by making the national aviation system available to passengers from rural areas;
“(4) rural air service has suffered since deregulation;
“(5) the essential air service program under the Department of Transportation—
“(A) provides essential airline access to rural and isolated rural communities throughout the Nation;
“(B) is necessary for the economic growth and development of rural communities;
“(C) is a critical component of the national and international transportation system of the United States; and
“(D) has endured serious funding cuts in recent years; and
“(6) a reliable source of funding must be established to maintain air service in rural areas and the essential air service program.”
1 See References in Text note below.
§41743. Airports not receiving sufficient service
(a)
(b)
(1) an assessment of the need of the community or consortium for access, or improved access, to the national air transportation system; and
(2) an analysis of the application of the criteria in subsection (c) to that community or consortium.
(c)
(1)
(A) had insufficient air carrier service; or
(B) had unreasonably high air fares.
(2)
(3)
(4)
(5)
(A) air fares are higher than the average air fares for all communities;
(B) the community or consortium will provide a portion of the cost of the activity to be assisted under the program from local sources other than airport revenues;
(C) the community or consortium has established, or will establish, a public-private partnership to facilitate air carrier service to the public;
(D) the assistance will provide material benefits to a broad segment of the travelling public, including business, educational institutions, and other enterprises, whose access to the national air transportation system is limited; and
(E) the assistance will be used in a timely fashion.
(d)
(1) to provide assistance to an air carrier to subsidize service to and from an underserved airport for a period not to exceed 3 years;
(2) to provide assistance to an underserved airport to obtain service to and from the underserved airport; and
(3) to provide assistance to an underserved airport to implement such other measures as the Secretary, in consultation with such airport, considers appropriate to improve air service both in terms of the cost of such service to consumers and the availability of such service, including improving air service through marketing and promotion of air service and enhanced utilization of airport facilities.
(e)
(1)
(2)
(f)
(g)
(1) to function as a facilitator between small communities and air carriers;
(2) to carry out this section;
(3) to ensure that the Bureau of Transportation Statistics collects data on passenger information to assess the service needs of small communities;
(4) to work with and coordinate efforts with other Federal, State, and local agencies to increase the viability of service to small communities and the creation of aviation development zones; and
(5) to provide policy recommendations to the Secretary and Congress that will ensure that small communities have access to quality, affordable air transportation services.
(h)
(Added Pub. L. 106–181, title II, §203(a), Apr. 5, 2000, 114 Stat. 92; amended Pub. L. 108–11, title II, §2708, Apr. 16, 2003, 117 Stat. 601; Pub. L. 108–176, title II, §225(b)(3), title IV, §412, Dec. 12, 2003, 117 Stat. 2529, 2551.)
Amendments
2003—Subsec. (a). Pub. L. 108–176, §412(1), (2), struck out “
Subsec. (c)(1). Pub. L. 108–176, §225(b)(3)(A), struck out “(as that term is defined in section 41731(a)(5))” after “small hub airport” in introductory provisions.
Subsec. (c)(3). Pub. L. 108–176, §412(3)(A), added par. (3) and struck out heading and text of former par. (3). Text read as follows: “No more than four communities or consortia of communities, or a combination thereof, may be located in the same State.”
Subsec. (c)(4). Pub. L. 108–176, §412(3)(B), inserted at end “No community, consortia of communities, nor combination thereof may participate in the program in support of the same project more than once, but any community, consortia of communities, or combination thereof may apply, subsequent to such participation, to participate in the program in support of a different project.”
Pub. L. 108–11 inserted before period at end “in each year for which funds are appropriated for the program”.
Subsec. (c)(5)(E). Pub. L. 108–176, §412(3)(C), added subpar. (E).
Subsec. (e)(2). Pub. L. 108–176, §412(4), substituted “fiscal year 2001,” for “fiscal year 2001 and” and inserted “, and $35,000,000 for each of fiscal years 2004 through 2008” after “2003”.
Subsec. (f). Pub. L. 108–176, §§225(b)(3)(B), 412(5), struck out “pilot” after “Under the” and “(as defined in section 41731(a)(3))” after “large hub airports”.
Effective Date of 2003 Amendment
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
Effective Date
Section applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as an Effective Date of 2000 Amendments note under section 106 of this title.
§41744. Preservation of basic essential air service at single carrier dominated hub airports
(a)
(b)
(Added Pub. L. 106–181, title II, §204(a), Apr. 5, 2000, 114 Stat. 93; amended Pub. L. 108–176, title II, §225(b)(4), Dec. 12, 2003, 117 Stat. 2529.)
Amendments
2003—Subsec. (b). Pub. L. 108–176 struck out “(as defined in section 41731)” after “large hub airport”.
Effective Date of 2003 Amendment
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
Effective Date
Section applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as an Effective Date of 2000 Amendments note under section 106 of this title.
§41745. Community and regional choice programs
(a)
(1)
(2)
(3)
(A) To provide assistance to air carriers that will use smaller equipment to provide the service and to consider increasing the frequency of service using such smaller equipment if the Secretary determines that passenger safety would not be compromised by the use of such smaller equipment and if the State or unit of local government waives the minimum service requirements under section 41732(b).
(B) To provide assistance to an air carrier to provide on-demand air taxi service to and from the eligible place.
(C) To provide assistance to a person to provide scheduled or on-demand surface transportation to and from the eligible place and an airport in another place.
(D) In combination with other units of local government in the same region, to provide transportation services to and from all the eligible places in that region at an airport or other transportation center that can serve all the eligible places in that region.
(E) To purchase aircraft to provide transportation to and from the eligible place or to purchase a fractional share in an aircraft to provide such transportation after the effective date of a rule the Secretary issues relating to fractional ownership.
(F) To pay for other transportation or related services that the Secretary may permit.
(b)
(1)
(2)
(3)
(A) is eligible for assistance under chapter 471 and complies with the requirements of that chapter;
(B) is located on the airport property; or
(C) will improve airport facilities in a way that would make such facilities more usable for general aviation.
(c)
(d)
(1)
(2)
(A) a statement of the amount of compensation or assistance required; and
(B) a description of how the compensation or assistance will be used.
(e)
(f)
(g)
(Added Pub. L. 108–176, title IV, §405, Dec. 12, 2003, 117 Stat. 2544.)
Effective Date
Section applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as an Effective Date of 2003 Amendment note under section 106 of this title.
§41746. Tracking service
The Secretary of Transportation shall require a carrier that provides essential air service to an eligible place and that receives compensation for such service under this subchapter to report not less than semiannually—
(1) the percentage of flights to and from the place that arrive on time as defined by the Secretary; and
(2) such other information as the Secretary considers necessary to evaluate service provided to passengers traveling to and from such place.
(Added Pub. L. 108–176, title IV, §407, Dec. 12, 2003, 117 Stat. 2545.)
Effective Date
Section applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as an Effective Date of 2003 Amendment note under section 106 of this title.
§41747. EAS local participation program
(a)
(b)
(1)
(2)
(A) more than 1 community per State under this section; or
(B) a community in a State in which another community that is eligible to participate in the essential air service program has elected not to participate in the essential air service program as part of a pilot program under section 41745.
(c)
(1) the airport sponsor's ability to pay; or
(2) the relative lack of financial resources in a community, based on a comparison of the median income of the community with other communities in the State.
(d)
(1)
(2)
(e)
(1) without regard to any limitation on the number of communities that may participate in that program; and
(2) without reducing the number of other communities that may participate in that program.
(f)
(1) the economic condition of communities designated under this section before their designation;
(2) the impact of designation under this section on such communities at the end of each of the 3 years following their designation; and
(3) the impact of designation on air traffic patterns affecting air transportation to and from communities designated under this section.
(Added Pub. L. 108–176, title IV, §408(a), Dec. 12, 2003, 117 Stat. 2546.)
Effective Date
Section applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as an Effective Date of 2003 Amendment note under section 106 of this title.
§41748. Marketing program
(a)
(b)
(1)
(A) the non-Federal portion of the publicly financed costs may be derived from contributions in kind; and
(B) matching contributions from a State or unit of local government may not be derived, directly or indirectly, from Federal funds, but the use by the State or unit of local government of proceeds from the sale of bonds to provide the matching contribution is not considered to be a contribution derived directly or indirectly from Federal funds, without regard to the Federal income tax treatment of interest paid on those bonds or the Federal income tax treatment of those bonds.
(2)
(3)
(Added Pub. L. 108–176, title IV, §410(b), Dec. 12, 2003, 117 Stat. 2548.)
Codification
Another section 410(b) of Pub. L. 108–176 amended the table of sections at the beginning of this chapter.
Effective Date
Section applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as an Effective Date of 2003 Amendment note under section 106 of this title.
Incentive Program
Pub. L. 108–176, title IV, §410(a), Dec. 12, 2003, 117 Stat. 2548, provided that: “The purposes of this section [enacting this section] are—
“(1) to enable essential air service communities to increase boardings and the level of passenger usage of airport facilities at an eligible place by providing technical, financial, and other marketing assistance to such communities and to States;
“(2) to reduce subsidy costs under subchapter II of this chapter [probably means chapter 417 of title 49, United States Code] as a consequence of such increased usage; and
“(3) to provide such communities with opportunities to obtain, retain, and improve transportation services.”
SUBCHAPTER III—REGIONAL AIR SERVICE INCENTIVE PROGRAM
§41761. Purpose
The purpose of this subchapter is to improve service by jet aircraft to underserved markets by providing assistance, in the form of Federal credit instruments, to commuter air carriers that purchase regional jet aircraft for use in serving those markets.
(Added Pub. L. 106–181, title II, §210(a), Apr. 5, 2000, 114 Stat. 96.)
Effective Date
Subchapter applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as an Effective Date of 2000 Amendments note under section 106 of this title.
§41762. Definitions
In this subchapter, the following definitions apply:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(A) a qualified retirement plan (as defined in section 4974(c) of the Internal Revenue Code of 1986) that is a qualified institutional buyer; and
(B) a governmental plan (as defined in section 414(d) of the Internal Revenue Code of 1986) that is a qualified institutional buyer.
(8)
(9)
(10)
(11)
(12)
(A) powered by jet propulsion; and
(B) designed to have a maximum passenger seating capacity of not less than 30 nor more than 75.
(13)
(14)
(A) is served (as determined by the Secretary) by a nonhub airport or a small hub airport;
(B) is not within a 40-mile radius of an airport that each year has at least .25 percent of the total annual boardings in the United States; and
(C) the Secretary determines does not have sufficient air service.
(Added Pub. L. 106–181, title II, §210(a), Apr. 5, 2000, 114 Stat. 96; amended Pub. L. 108–176, title II, §225(b)(5), Dec. 12, 2003, 117 Stat. 2529.)
References in Text
The Federal Credit Reform Act of 1990, referred to in par. (3), is title V of Pub. L. 93–344, as added by Pub. L. 101–508, title XIII, §13201(a), Nov. 5, 1990, 104 Stat. 1388–609, as amended, which is classified generally to subchapter III (§661 et seq.) of chapter 17A of Title 2, The Congress. For complete classification of this Act to the Code, see Short Title note set out under section 621 of Title 2 and Tables.
The Security Act of 1933, referred to in par. (7), probably means the Securities Act of 1933, title I of act May 27, 1933, ch. 38, 48 Stat. 74, as amended, which is classified generally to subchapter I (§77a et seq.) of chapter 2A of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see section 77a of Title 15 and Tables.
Sections 414(d) and 4974(c) of the Internal Revenue Code of 1986, referred to in par. (7), are classified to sections 414(d) and 4974(c), respectively, of Title 26, Internal Revenue Code.
Amendments
2003—Pars. (11) to (16). Pub. L. 108–176 redesignated pars. (12), (13), (14), and (16) as (11), (12), (13), and (14), respectively, and struck out former pars. (11) and (15), which defined “nonhub airport” and “small hub airport”, respectively.
Effective Date of 2003 Amendment
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
§41763. Federal credit instruments
(a)
(b)
(1)
(A)
(B)
(i) that extends to more than 50 percent of the purchase price (including the value of any manufacturer credits, post-purchase options, or other discounts) of the aircraft, including spare parts, to be purchased; or
(ii) that, when added to the remaining balance on any other Federal credit instruments made under this subchapter, provides more than $100,000,000 of outstanding credit to any single obligor.
(C)
(D)
(E)
(2)
(A)
(B)
(3)
(A)
(B)
(c)
(1)
(2)
(A) that extends to more than the unpaid interest and 50 percent of the unpaid principal on any loan;
(B) that, for any loan or combination of loans, extends to more than 50 percent of the purchase price (including the value of any manufacturer credits, post-purchase options, or other discounts) of the aircraft, including spare parts, to be purchased with the loan or loan combination;
(C) on any loan with respect to which terms permit repayment more than 15 years after the date of execution of the loan; or
(D) that, when added to the remaining balance on any other Federal credit instruments made under this subchapter, provides more than $100,000,000 of outstanding credit to any single obligor.
(3)
(d)
(1)
(2)
(A)
(B)
(i)
(ii) 1–
(C)
(D)
(E)
(i)
(ii)
(F)
(G)
(3)
(A)
(B)
(e)
(f)
(1) the aircraft to be purchased with the Federal credit instrument is a regional jet aircraft needed to improve the service and efficiency of operation of a commuter air carrier or new entrant air carrier;
(2) the commuter air carrier or new entrant air carrier enters into a legally binding agreement that requires the carrier to use the aircraft to provide service to underserved markets; and
(3) the prospective earning power of the commuter air carrier or new entrant air carrier, together with the character and value of the security pledged, including the collateral value of the aircraft being acquired and any other assets or pledges used to secure the Federal credit instrument, furnish—
(A) reasonable assurances of the air carrier's ability and intention to repay the Federal credit instrument within the terms established by the Secretary—
(i) to continue its operations as an air carrier; and
(ii) to the extent that the Secretary determines to be necessary, to continue its operations as an air carrier between the same route or routes being operated by the air carrier at the time of the issuance of the Federal credit instrument; and
(B) reasonable protection to the United States.
(g)
(1) 50 percent of the cost of the aircraft purchase; or
(2) $100,000,000 for any single obligor.
(h)
(i)
(Added Pub. L. 106–181, title II, §210(a), Apr. 5, 2000, 114 Stat. 97.)
§41764. Use of Federal facilities and assistance
(a)
(1) with the consent of the appropriate Federal officials; and
(2) on a reimbursable basis.
(b)
(c)
(Added Pub. L. 106–181, title II, §210(a), Apr. 5, 2000, 114 Stat. 101.)
§41765. Administrative expenses
In carrying out this subchapter, the Secretary shall use funds made available by appropriations to the Department of Transportation for the purpose of administration, in addition to the proceeds of any fees collected under this subchapter, to cover administrative expenses of the Federal credit instrument program under this subchapter.
(Added Pub. L. 106–181, title II, §210(a), Apr. 5, 2000, 114 Stat. 101.)
§41766. Funding
Of the amounts appropriated under section 106(k) for each of fiscal years 2001 through 2003, such sums as may be necessary may be used to carry out this subchapter, including administrative expenses.
(Added Pub. L. 106–181, title II, §210(a), Apr. 5, 2000, 114 Stat. 101.)
§41767. Termination
(a)
(b)
(Added Pub. L. 106–181, title II, §210(a), Apr. 5, 2000, 114 Stat. 101.)
References in Text
The date of the enactment of this subchapter, referred to in subsec. (a), is the date of enactment of Pub. L. 106–181, which was approved Apr. 5, 2000.
CHAPTER 419—TRANSPORTATION OF MAIL
§41901. General authority
(a)
(b)
(1) after notice and an opportunity for a hearing on the record, reasonable prices to be paid by the Postal Service for the transportation of mail by aircraft in foreign air transportation or between places in Alaska, the facilities used in and useful for the transportation of mail, and the services related to the transportation of mail for each carrier holding a certificate that authorizes that transportation;
(2) the methods used, whether by aircraft-mile, pound-mile, weight, space, or a combination of those or other methods, to determine the prices for each air carrier or class of air carriers; and
(3) the effective date of the prices.
(c)
(d)
(1) the condition that the carrier may hold and operate under a certificate authorizing the transportation of mail only by providing necessary and adequate facilities and service for the transportation of mail.
(2) standards related to the character and quality of service to be provided that are prescribed by or under law.
(e)
(f)
(Pub. L. 103–272, §§1(e), 4(k)(1), (2), July 5, 1994, 108 Stat. 1153, 1370; Pub. L. 104–52, title VI, §631(c), Nov. 19, 1995, 109 Stat. 505; Pub. L. 106–31, title VI, §6003, May 21, 1999, 113 Stat. 113; Pub. L. 107–206, title III, §3002(e)(2), Aug. 2, 2002, 116 Stat. 924.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41901(a) | 49 App.:1376(a) (1st sentence related to non-Alaska interstate and overseas air transportation less words between parentheses). | Aug. 23, 1958, Pub. L. 85–726, §406(a), 72 Stat. 763; Nov. 9, 1977, Pub. L. 95–163, §13, 91 Stat. 1282. |
| 49 App.:1551(b)(1)(D). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(D); added Oct. 4, 1984, Pub. L. 95–504, §40(a), 92 Stat. 1745; Oct. 4, 1984, Pub. L. 98–443, §3(d), 98 Stat. 1704. | |
| 41901(b) | 49 App.:1376(a) (1st sentence related to foreign and Alaska air transportation less words between parentheses, 2d, last sentences). | |
| 49 App.:1376(c). | Aug. 23, 1958, Pub. L. 85–726, §406(c), 72 Stat. 764; Oct. 24, 1978, Pub. L. 95–504, §24(b), 92 Stat. 1725. | |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704. | |
| 41901(c) | 49 App.:1376(a) (1st sentence words between parentheses). | |
| 41901(d) | 49 App.:1376(b). | Aug. 23, 1958, Pub. L. 85–726, §406(b), 72 Stat. 763; July 10, 1962, Pub. L. 87–528, §5, 76 Stat. 145; Oct. 15, 1966, Pub. L. 89–670, §8(a), 80 Stat. 942; Nov. 9, 1977, Pub. L. 95–163, §12(a), 91 Stat. 1282; Oct. 24, 1978, Pub. L. 95–504, §§24(a), 25(a), 92 Stat. 1725. |
| 49 App.:1376(d). | Aug. 23, 1958, Pub. L. 85–726, §406(d), (e), 72 Stat. 764. | |
| 49 App.:1551(b)(1)(D), (E). | ||
| 41901(e) | 49 App.:1376(e) (1st sentence). | |
| 41901(f) | 49 App.:1376(e) (last sentence). | |
| 49 App.:1551(b)(1)(D), (E). | ||
| 41901(g) | 49 App.:1551(b)(3). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, 1601(b)(3); added Oct. 4, 1984, Pub. L. 98–443, 3(f), 98 Stat. 1704; Sept. 30, 1988, Pub. L. 100–457, §346 (related to §1601(b)(3) of Federal Aviation Act of 1958), 102 Stat. 2155. |
| 49 App.:1553(c). | Oct. 4, 1984, Pub. L. 98–443, §4(c), 98 Stat. 1705; Sept. 30, 1988, Pub. L. 100–457, §346 (related to §4(c) of Civil Aeronautics Board Sunset Act of 1984), 102 Stat. 2155. |
In this section, the word “prescribe” is substituted for “fix and determine” and “fixing and determining” for consistency in the revised title and with other titles of the United States Code. The word “reasonable” is substituted for “fair and reasonable” for consistency in the revised title and to eliminate an unnecessary word. See the revision notes following 49:10101.
Subsection (a) is substituted for 49 App.:1551(b)(1)(D) to make clear that the United States Postal Service derives its authority to provide for the transportation of mail by aircraft in interstate transportation from 39:5402(d) and (f). The text of 49 App.:1376(a) (1st sentence related to non-Alaska interstate and overseas air transportation less words between parentheses) is omitted as superseded by 39:5402(d).
In subsection (b), before clause (1), the words “Except as provided in section 5402 of title 39” are added for clarity. The words “from time to time” in 49 App.:1376(a) are omitted as surplus. The text of 49 App.:1376(a) (2d, last sentences) is omitted as executed. In clauses (1) and (2), the word “prices” is substituted for “rates of compensation” for consistency in this part. In clause (1), the words “an opportunity for a hearing on the record” are substituted for “hearing” for clarity and consistency with subsection (f) of this section. The words “to be paid by the Postal Service” are substituted for “The United States Postal Service shall make payments . . . of so much of the total compensation as is fixed and determined by the Board under this section without regard to clause (3) of subsection (b) of this section” in 49 App.:1376(c) to eliminate unnecessary words because the text of 49 App.:1376(b) (2d sentence words after 2d semicolon) is being omitted. See the revision notes for subsection (d) of this section. The words “out of appropriations for the transportation of mail by aircraft” are omitted as being superseded by chapters 20 and 24 of title 39, United States Code. The text of 49 App.:1376(c) (2d sentence) is omitted as expired because of 49 App.:1376(c) (last sentence). The text of 49 App.:1376(c) (last sentence) is omitted as executed. The words “and to make such rates effective from such date as it shall determine to be proper” in 49 App.:1376(a) are omitted because the power to determine when rates go into effect is included in the power to prescribe rates. The words “transportation of mail by aircraft in foreign air transportation or between places in Alaska” are substituted for “transportation of mail by aircraft” because 49 App.:1551(b)(1)(D) and (E) provides that transportation of mail in interstate or overseas air transportation (except transportation of mail between 2 places in Alaska) is transferred to the jurisdiction of the United States Postal Service leaving the balance of authority under 49 App.:1376(a) with the Secretary of Transportation.
In subsections (c), (d), and (f), reference to service provided by the Postal Service is omitted as obsolete because of 39:5402(d).
In subsection (c), the words “In prescribing prices under subsection (b) of this section, the Secretary” are added for clarity.
In subsection (d), the text of 49 App.:1376(b) (2d sentence words after 2d semicolon, 5th–7th sentences) and (d) is omitted as obsolete because under 49 App.:1376(c) and 1376a, payments by the Board under 49 App.:1376 were terminated. The text of 49 App.:1376(b) (3d, 4th sentences) is omitted as obsolete because it applies only to rates paid for service performed between October 24, 1978, and January 1, 1983. The text of 49 App.:1376(b) (last sentence) is omitted as executed.
Subsection (g) is substituted for 49 App.:1551(b)(3) and 1553(c) because the date on which the authority of the Secretary of Transportation to provide for the transportation of mail by aircraft expires is set out in 39:5402(f). The source provisions of 49 App.:1551(b)(3) providing for the transfer of that authority from the Secretary to the Postal Service are restated in section 5(k) of this bill.
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41901(b)(1), (g) | 49 App.:1551(a)(8). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(a)(8); added Oct. 4, 1984, Pub. L. 98–443, §3(c), 98 Stat. 1704; Sept. 30, 1988, Pub. L. 100–457, §346 (related to §1601(a)(8) of Federal Aviation Act of 1958), 102 Stat. 2155. |
| 49 App.:1551(b)(3). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(3); added Oct. 4, 1984, Pub. L. 98–443, §3(f), 98 Stat. 1704; Sept. 30, 1988, Pub. L. 100–457, §346 (related to §1601(b)(3) of Federal Aviation Act of 1958), 102 Stat. 2155. |
Section 4(k) reflects amendments to the restatement required by section 1601(a)(8) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 731), as added by section 3(c) of the Civil Aeronautics Board Sunset Act of 1984 (Public Law 98–443, 98 Stat. 1704), and section 1601(b)(3) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 731), as added by section 3(f) of the Civil Aeronautics Board Sunset Act of 1984 (Public Law 98–443, 98 Stat. 1704). Section 1601(a)(8) provides that the authority under 49 App.:1371(l) and (m) and 1375(b)–(d) as those sections relate to transportation of mail by aircraft between places in Alaska (restated in sections 41107 and 41901–41903 of the revised title) ceases on January 1, 1999. Section 1601(b)(3) transfers the authority for prescribing rates for transportation of mail between places in Alaska from the Secretary of Transportation to the Postal Service effective January 1, 1999.
Amendments
2002—Subsec. (a). Pub. L. 107–206 substituted “5402(e)” for “5402(d)”.
1999—Subsecs. (b)(1), (g). Pub. L. 106–31 repealed Pub. L. 103–272, §4(k). See 1994 Amendment notes below.
1995—Subsec. (g). Pub. L. 104–52 struck out subsec. (g) which read as follows: “
1994—Subsec. (b)(1). Pub. L. 103–272, §4(k)(1), which directed the amendment of this section by substituting “foreign air transportation,” for “foreign air transportation or between places in Alaska,”, effective Jan. 1, 1999, was repealed by Pub. L. 106–31, §6003, effective Dec. 31, 1998.
Subsec. (g). Pub. L. 103–272, §4(k)(2), which directed the amendment of this section by striking out subsec. (g), effective Jan. 1, 1999, was repealed by Pub. L. 106–31, §6003, effective Dec. 31, 1998.
Effective Date of 1999 Amendment
Pub. L. 106–31, title VI, §6003, May 21, 1999, 113 Stat. 113, provided that the amendment made by section 6003 is effective Dec. 31, 1998.
§41902. Schedules for certain transportation of mail
(a)
(b)
(1) the places between which the carrier is authorized to provide foreign air transportation;
(2) the places between which the carrier is authorized to transport mail in Alaska;
(3) every schedule of aircraft regularly operated by the carrier between places described in clauses (1) and (2) of this subsection and every change in each schedule; and
(4) for each schedule, the places served by the carrier and the time of arrival at, and departure from, each place.
(c)
(1) designate any schedule of an air carrier filed under subsection (b)(3) of this section for the transportation of mail between the places between which the carrier is authorized by its certificate to transport mail; and
(2) require the carrier to establish additional schedules for the transportation of mail between those places.
(d)
(e)
(f)
(Pub. L. 103–272, §§1(e), 4(k)(1), (3), July 5, 1994, 108 Stat. 1153, 1370; Pub. L. 103–429, §7(a)(3)(D), Oct. 31, 1994, 108 Stat. 4389; Pub. L. 106–31, title VI, §6003, May 21, 1999, 113 Stat. 113.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41902(a) | 49 App.:1375(b) (last sentence). | Aug. 23, 1958, Pub. L. 85–726, §405(b), 72 Stat. 760. |
| 49 App.:1551(a)(4)(A) (related to 49 App.:1375(b)). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(a)(4)(A) (related to §405(b)), (b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(c), (e), 98 Stat. 1703, 1704. | |
| 41902(b) | 49 App.:1375(b) (1st sentence). | |
| 49 App.:1551(a)(4)(A) (related to 49 App.:1375(b)), (b)(1)(E). | ||
| 41902(c) | 49 App.:1375(b) (2d sentence). | |
| 41902(d) | 49 App.:1375(b) (3d, 4th sentences). | |
| 41902(e) | 49 App.:1375(b) (5th–7th sentences). | |
| 49 App.:1551(a)(4)(A) (related to 49 App.:1375(b)), (b)(1)(E). | ||
| 41902(f) | 49 App.:1375(b) (8th sentence). | |
| 49 App.:1551(a)(4)(A) (related to 49 App.:1375(b)), (b)(1)(E). |
In this chapter, the word “places” is substituted for “points” for consistency in the revised title. The words “United States Postal Service” and “Postal Service” are substituted for “Postmaster General” in sections 401, 405, and 406 of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 754, 760) because of sections 4(a) and 6(o) of the Postal Reorganization Act (Public Law 91–375, 84 Stat. 773, 783).
In subsection (a), the words “Except as provided in section 41906 of this title and section 5402 of title 39” are added because section 41906 of the revised title and 39:5402 contain exceptions to the provisions restated in this subsection. The words “transport mail by aircraft in foreign air transportation or between places in Alaska” are substituted for “transport mail” because 49 App.:1551(a)(4)(A) provides that 49 App.:1375(b) no longer applies to interstate or overseas air transportation (except transportation of mail between 2 places in Alaska).
In subsection (b), before clause (1), the words “from time to time” are omitted as surplus. Clauses (1) and (2) are substituted for “to engage in air transportation” because 49 App.:1551(a)(4)(A) provides that 49 App.:1375(b) no longer applies to interstate or overseas air transportation (except transportation of mail between 2 places in Alaska). In clause (4), the words “between places described in clauses (1) and (2) of this subsection and every change in each schedule” are substituted for “between such points” for clarity.
In subsection (c)(1), the words “any schedule of an air carrier filed under subsection (b)(3) of this section” are substituted for “any such schedule” for clarity.
In subsection (c)(2), the words “by order” are omitted as surplus.
In subsection (d), the word “alter” is omitted as being included in “amend, or modify”.
In subsection (e), the words “adversely affected” are substituted for “aggrieved” for consistency in the revised title. The words “appeal the order” are substituted for “apply . . . for a review of such order” for consistency in the revised title and with other titles of the United States Code. The words “The Board may review, and” are omitted as surplus. The words “amend, modify” are substituted for “amend, revise” for consistency in the revised title.
Subsection (f) is substituted for 49 App.:1375(b) (8th sentence) to reflect the transfer of functions of the Civil Aeronautics Board to the Secretary of Transportation.
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41902(a), (b) | 49 App.:1551(a)(8). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(a)(8); added Oct. 4, 1984, Pub. L. 98–443, §3(c), 98 Stat. 1704; Sept. 30, 1988, Pub. L. 100–457, §346 (related to §1601(a)(8) of Federal Aviation Act of 1958), 102 Stat. 2155. |
| 49 App.:1551(b)(3). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(3); added Oct. 4, 1984, Pub. L. 98–443, §3(f), 98 Stat. 1704; Sept. 30, 1988, Pub. L. 100–457, §346 (related to §1601(b)(3) of Federal Aviation Act of 1958), 102 Stat. 2155. |
Section 4(k) reflects amendments to the restatement required by section 1601(a)(8) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 731), as added by section 3(c) of the Civil Aeronautics Board Sunset Act of 1984 (Public Law 98–443, 98 Stat. 1704), and section 1601(b)(3) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 731), as added by section 3(f) of the Civil Aeronautics Board Sunset Act of 1984 (Public Law 98–443, 98 Stat. 1704). Section 1601(a)(8) provides that the authority under 49 App.:1371(l) and (m) and 1375(b)–(d) as those sections relate to transportation of mail by aircraft between places in Alaska (restated in sections 41107 and 41901–41903 of the revised title) ceases on January 1, 1999. Section 1601(b)(3) transfers the authority for prescribing rates for transportation of mail between places in Alaska from the Secretary of Transportation to the Postal Service effective January 1, 1999.
Amendments
1999—Subsecs. (a), (b)(2) to (4). Pub. L. 106–31 repealed Pub. L. 103–272, §4(k). See 1994 Amendment notes below.
1994—Subsec. (a). Pub. L. 103–272, §4(k)(1), which directed the amendment of this section by substituting “foreign air transportation” for “foreign air transportation or between places in Alaska”, effective Jan. 1, 1999, was repealed by Pub. L. 106–31, §6003, effective Dec. 31, 1998.
Subsec. (b)(2) to (4). Pub. L. 103–272, §4(k)(3), as amended by Pub. L. 103–429, which directed the amendment of subsec. (b) by redesignating par. (3) as (2) and substituting “clause (1)” for “clauses (1) and (2)”, striking out former par. (2) which read as follows: “the places between which the carrier is authorized to transport mail in Alaska;”, and redesignating par. (4) as (3), effective Jan. 1, 1999, was repealed by Pub. L. 106–31, §6003, effective Dec. 31, 1998.
Effective Date of 1999 Amendment
Pub. L. 106–31, title VI, §6003, May 21, 1999, 113 Stat. 113, provided that the amendment made by section 6003 is effective Dec. 31, 1998.
Effective Date of 1994 Amendment
Section 7(a) of Pub. L. 103–429 provided in part that the amendment made by that section is effective July 5, 1994.
§41903. Duty to provide certain transportation of mail
(a)
(1) provide facilities and services necessary and adequate to provide that transportation; and
(2) transport mail between the places authorized in the certificate for transportation of mail when required, and under regulations prescribed, by the United States Postal Service.
(b)
(1) provide facilities sufficient to transport the mail to the extent the Secretary decides the carrier reasonably is able to do so; and
(2) transport that mail.
(Pub. L. 103–272, §§1(e), 4(k)(1), July 5, 1994, 108 Stat. 1154, 1370; Pub. L. 106–31, title VI, §6003, May 21, 1999, 113 Stat. 113.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41903(a) | 49 App.:1371(l). | Aug. 23, 1958, Pub. L. 85–726, §§401(l), 405(c), (d), 72 Stat. 757, 761. |
| 49 App.:1375(d). | ||
| 49 App.:1551(a)(4)(A) (related to 49 App.:1371(l), 1375(d)). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(a)(4)(A) (related to §§401(l), 405(c), (d)); added Oct. 4, 1984, Pub. L. 98–443, §3(c), 98 Stat. 1703. | |
| 41903(b) | 49 App.:1375(c). | |
| 49 App.:1551(a)(4)(A) (related to 49 App.:1375(c)). | ||
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704. |
In subsection (a), before clause (1), the words “Subject to subsection (b) of this section” are added for clarity because subsection (b) limits the effect of this section. The words “transport mail by aircraft in foreign air transportation or between places in Alaska” are substituted for “the transportation of mail” in 49 App.:1371(l) and “the transportation of mail by aircraft” in 49 App.:1375(d) because 49 App.:1551(a)(4)(A) provides that 49 App.:1371(l) and 1375(d) no longer apply to interstate or overseas air transportation (except transportation of mail between 2 places in Alaska). Clause (2) is substituted for “shall transport mail whenever required by the United States Postal Service” in 49 App.:1371(l) and the text of 49 App.:1375(d) for clarity and to eliminate unnecessary words. The text of 49 App.:1371(l) (last sentence) is omitted as surplus because section 41901 of the revised title specifies how the rates of compensation are determined.
In subsection (b), before clause (1), the words “transportation of mail by aircraft in foreign air transportation or between places in Alaska” are added because 49 App.:1551(a)(4)(A) provides that 49 App.:1375(c) no longer applies to interstate or overseas air transportation of mail (except transportation of mail between 2 places in Alaska).
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41903 | 49 App.:1551(a)(8). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(a)(8); added Oct. 4, 1984, Pub. L. 98–443, §3(c), 98 Stat. 1704; Sept. 30, 1988, Pub. L. 100–457, §346 (related to §1601(a)(8) of Federal Aviation Act of 1958), 102 Stat. 2155. |
| 49 App.:1551(b)(3). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(3); added Oct. 4, 1984, Pub. L. 98–443, §3(f), 98 Stat. 1704; Sept. 30, 1988, Pub. L. 100–457, §346 (related to §1601(b)(3) of Federal Aviation Act of 1958), 102 Stat. 2155. |
Section 4(k) reflects amendments to the restatement required by section 1601(a)(8) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 731), as added by section 3(c) of the Civil Aeronautics Board Sunset Act of 1984 (Public Law 98–443, 98 Stat. 1704), and section 1601(b)(3) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 731), as added by section 3(f) of the Civil Aeronautics Board Sunset Act of 1984 (Public Law 98–443, 98 Stat. 1704). Section 1601(a)(8) provides that the authority under 49 App.:1371(l) and (m) and 1375(b)–(d) as those sections relate to transportation of mail by aircraft between places in Alaska (restated in sections 41107 and 41901–41903 of the revised title) ceases on January 1, 1999. Section 1601(b)(3) transfers the authority for prescribing rates for transportation of mail between places in Alaska from the Secretary of Transportation to the Postal Service effective January 1, 1999.
Amendments
1999—Pub. L. 106–31 repealed Pub. L. 103–272, §4(k). See 1994 Amendment note below.
1994—Pub. L. 103–272, §4(k)(1), which directed the amendment of this section by substituting “foreign air transportation” for “foreign air transportation or between places in Alaska” in introductory provisions of subsecs. (a) and (b), effective Jan. 1, 1999, was repealed by Pub. L. 106–31, §6003, effective Dec. 31, 1998.
Effective Date of 1999 Amendment
Pub. L. 106–31, title VI, §6003, May 21, 1999, 113 Stat. 113, provided that the amendment made by section 6003 is effective Dec. 31, 1998.
§41904. Noncitizens transporting mail to or in foreign countries
When the United States Postal Service decides that it may be necessary to have a person not a citizen of the United States transport mail by aircraft to or in a foreign country, the Postal Service may make an arrangement with the person, without advertising, to provide the transportation.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1155.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41904 | 49 App.:1375(e)(2). | Aug. 23, 1958, Pub. L. 85–726, §405(e)(2), 72 Stat. 761. |
The words “who may not be obligated to transport the mail for a foreign country” are omitted for simplicity and clarity because the omitted words impose no requirement or qualification that is meaningful.
§41905. Regulating air carrier transportation of foreign mail
An air carrier holding a certificate that authorizes foreign air transportation and transporting mail of a foreign country shall transport that mail under the control of, and subject to regulation by, the United States Government.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1155.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41905 | 49 App.:1375(f)(1) (1st sentence). | Aug. 23, 1958, Pub. L. 85–726, §405(f)(1) (1st sentence), 72 Stat. 761. |
§41906. Emergency mail transportation
(a)
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1155.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41906(a) | 49 App.:1375(h) (1st, 2d, last sentences). | Aug. 23, 1958, Pub. L. 85–726, §405(h), 72 Stat. 762. |
| 41906(b) | 49 App.:1375(h) (3d sentence). |
In subsection (a), the word “disaster” is substituted for “calamitous visitation” for consistency in the revised title and with other titles of the United States Code. The words “any or all classes of” and “of compensation” are omitted as surplus. The words “from appropriations for the transportation of mail by the means normally used for transporting the mail transported under such contracts” are omitted as superseded by 39:chs. 20 and 24. The authority of the Postal Service under this section is in addition to the authority of the Postal Service under 39:5001.
In subsection (b), the words “Transportation provided” are substituted for “operation” for consistency in this chapter.
§41907. Prices for foreign transportation of mail
(a)
(1) the government of a foreign country or foreign postal administration pays to air carriers for transporting mail of the foreign country by aircraft between the foreign country and the United States; or
(2) determined by the Postal Service to be comparable to the price the government of a foreign country or foreign postal administration pays to air carriers for transporting mail of the foreign country by aircraft between the foreign country and an intermediate country on the route of the air carrier between the foreign country and the United States.
(b)
(1) the prices paid for transportation of mail under the Universal Postal Union Convention as ratified by the United States Government;
(2) the price-making elements used by the Universal Postal Union in prescribing its airmail prices; and
(3) the competitive disadvantage to United States flag air carriers resulting from foreign air carriers receiving Universal Postal Union prices for transporting United States mail and national origin mail of their own countries.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1155.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41907(a) | 49 App.:1376(h)(1). | Aug. 23, 1958, Pub. L. 85–726, §406(h)(1), 72 Stat. 765; Jan. 3, 1975, Pub. L. 93–623, §4, 88 Stat. 2103. |
| 41907(b) | 49 App.:1376(h)(3). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §406(h)(3); added Jan. 3, 1975, Pub. L. 93–623, §4, 88 Stat. 2104. |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704. |
In subsection (a), before clause (1), the word “price” is substituted for “rate of compensation” for consistency in this part. In clauses (1) and (2), the words “government of a foreign country or foreign postal administration” are substituted for “foreign country” for clarity and consistency in the revised title.
§41908. Prices for transporting mail of foreign countries
(a)
(b)
(c)
(A) under an arrangement with a government of a foreign country or foreign postal administration made or approved under this section, the carrier must collect its compensation for the transportation from the foreign country under the arrangement; and
(B) without having an arrangement with a government of a foreign country or foreign postal administration consistent with this section, the compensation collected by the United States Government for the transportation shall be for the account of the air carrier.
(2) An air carrier holding a certificate that authorizes foreign air transportation is not entitled to receive compensation from both a government of a foreign country or foreign postal administration and the United States Government for transporting the same mail of the foreign country.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1156.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41908(a) | 49 App.:1375(f)(1) (2d, 3d sentences). | Aug. 23, 1958, Pub. L. 85–726, §405(f)(1) (2d–last sentences), (2), 72 Stat. 761. |
| 41908(b) | 49 App.:1375(f)(1) (last sentence). | |
| 41908(c) | 49 App.:1375(f)(2). |
In this section, the words “government of a foreign country or foreign postal administration” is substituted for “foreign country” for clarity and consistency in the revised title.
In subsection (a), the text of 49 App.:1375(f)(1) (3d sentence) is omitted as obsolete and superseded by 39:5402. The word “prices” is substituted for “rates of compensation” for consistency in this part. The words “from time to time” are omitted as surplus.
In subsection (c)(1), the words “When . . . transports mail of a foreign country . . . (A) under an arrangement with a government of a foreign country or foreign postal administration made or approved under this section . . . (B) without having an arrangement with a government of a foreign country or foreign postal administration consistent with this section” are substituted for “In any case where . . . has an arrangement with any foreign country for transporting its mails, made or approved in accordance with the provisions of paragraph (1) of this subsection . . . and in case of the absence of any arrangement between the air carrier and the foreign country consistent with this subsection” for clarity and to eliminate unnecessary words. The words “for the transportation” are added for clarity.
§41909. Duty to oppose unreasonable prices under the Universal Postal Union Convention
The Secretary of State and the United States Postal Service shall—
(1) take appropriate action to ensure that the prices paid for transporting mail under the Universal Postal Union Convention are not higher than reasonable prices for transporting mail; and
(2) oppose any existing or proposed Universal Postal Union price that is higher than a reasonable price for transporting mail.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1156.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41909 | 49 App.:1376(h)(2). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §406(h)(2); added Jan. 3, 1975, Pub. L. 93–623, §4, 88 Stat. 2103. |
The words “necessary and” are omitted as being included in the word “appropriate”. The words “each” and “all” are omitted as surplus. The words “transporting mail” are substituted for “such services” for consistency in this section. The word “reasonable” is substituted for “fair and reasonable” for consistency in the revised title and to eliminate an unnecessary word. See revision notes following 49:10101.
§41910. Weighing mail
The United States Postal Service may weigh mail transported by aircraft and make statistical and administrative computations necessary in the interest of mail service. When the Secretary of Transportation decides that additional or more frequent weighings of mail are advisable or necessary to carry out this part, the Postal Service shall provide the weighings, but it is not required to provide them for continuous periods of more than 30 days.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1157.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41910 | 49 App.:1376(f). | Aug. 23, 1958, Pub. L. 85–726, §406(f), 72 Stat. 764. |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704. |
The text of 49 App.:1376(f) (2d sentence) is omitted as surplus because of 39:chs. 4 and 10. The words “upon request of the Board” are omitted as surplus because the Secretary of Transportation makes the determination. The words “therefor in like manner” are omitted as surplus.
§41911. Evidence of providing mail service
When and in the form required by the United States Postal Service, an air carrier transporting or handling—
(1) United States mail shall submit evidence, signed by an authorized official, that the transportation or handling has been provided; and
(2) mail of a foreign country shall submit evidence, signed by an authorized official, of the amount of mail transported or handled and the compensation payable and received for that transportation or handling.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1157.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41911 | 49 App.:1375(g). | Aug. 23, 1958, Pub. L. 85–726, §405(g), 72 Stat. 762. |
The word “duly” is omitted as surplus.
§41912. Effect on foreign postal arrangements
This part does not—
(1) affect an arrangement made by the United States Government with the postal administration of a foreign country related to the transportation of mail by aircraft; or
(2) impair the authority of the United States Postal Service to make such an arrangement.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1157.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 41912 | 49 App.:1375(e)(1). | Aug. 23, 1958, Pub. L. 85–726, §405(e)(1), 72 Stat. 761. |
In clause (1), the words “abrogate or” are omitted as being included in “affect”.
CHAPTER 421—LABOR-MANAGEMENT PROVISIONS
SUBCHAPTER I—EMPLOYEE PROTECTION PROGRAM 1
SUBCHAPTER II—MUTUAL AID AGREEMENTS AND LABOR REQUIREMENTS OF AIR CARRIERS
SUBCHAPTER III—WHISTLEBLOWER PROTECTION PROGRAM
Amendments
2000—Pub. L. 106–181, title V, §519(b), Apr. 5, 2000, 114 Stat. 149, added heading for subchapter III and item 42121.
1 Subchapter I repealed by Pub. L. 105–220 without corresponding amendment of chapter analysis.
[SUBCHAPTER I—REPEALED]
[§§42101 to 42106. Repealed. Pub. L. 105–220, title I, §199(a)(6), Aug. 7, 1998, 112 Stat. 1059]
Section 42101, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1157, defined terms in subchapter.
Section 42102, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1158, related to payments to eligible protected employees.
Section 42103, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1159, related to duty to hire protected employees.
Section 42104, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1159; Pub. L. 104–287, §5(9), Oct. 11, 1996, 110 Stat. 3389, related to congressional review of regulations.
Section 42105, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1160, related to Airline Employees Protective Account.
Section 42106, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1160, provided ending effective date for subchapter.
SUBCHAPTER II—MUTUAL AID AGREEMENTS AND LABOR REQUIREMENTS OF AIR CARRIERS
§42111. Mutual aid agreements
An air carrier that will receive payments from another air carrier under an agreement between the air carriers for the time the one air carrier is not providing foreign air transportation, or is providing reduced levels of foreign air transportation, because of a labor strike must file a true copy of the agreement with the Secretary of Transportation and have it approved by the Secretary under section 41309 of this title. Notwithstanding section 41309, the Secretary shall approve the agreement only if it provides that—
(1) the air carrier will receive payments of not more than 60 percent of direct operating expenses, including interest expenses, but not depreciation or amortization expenses;
(2) benefits may be paid for not more than 8 weeks, and may not be for losses incurred during the first 30 days of a strike; and
(3) on request of the striking employees, the dispute will be submitted to binding arbitration under the Railway Labor Act (45 U.S.C. 151 et seq.).
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1160.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 42111 | 49 App.:1382(c). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §412(c); added Oct. 24, 1978, Pub. L. 95–504, §29(a), 92 Stat. 1730; Feb. 15, 1980, Pub. L. 96–192, §11(2), 94 Stat. 39; Oct. 4, 1984, Pub. L. 98–443, §9(s), 98 Stat. 1708. |
| 49 App.:1551(b)(1)(C) (related to 49 App.:1382(c)). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(C) (related to §412(c)); added Oct. 24, 1978, Pub. L. 95–504, §40(a), 92 Stat. 1745; Oct. 14, 1982, Pub. L. 97–309, §4(b), 96 Stat. 1454; Oct. 4, 1984, Pub. L. 98–443, §3(a), 98 Stat. 1703. |
In this section, before clause (1), the text of 49 App.:1382(c)(1) is omitted as executed. The words “For purposes of this subsection, the term . . . (A) ‘mutual aid agreement’ means” are omitted because of the restatement. The words “contract or”, “which are parties to such contract or agreement”, and “during which” are omitted as surplus. The word “providing” is substituted for “engaging in” for consistency. The words “service in” are omitted as surplus. The words “No air carrier shall enter into any mutual aid agreement with any other air carrier” are omitted as surplus. In clause (1), the words “For purposes of this subsection, the term . . . (B) ‘direct operating expenses’ includes” are omitted because of the restatement. The words “for any period” and “during such period” are omitted as surplus. In clause (2), the words “under the agreement” and “during any labor strike” are omitted as surplus.
References in Text
The Railway Labor Act, referred to in par. (3), is act May 20, 1926, ch. 347, 44 Stat. 577, as amended, which is classified principally to chapter 8 (§151 et seq.) of Title 45, Railroads. For complete classification of this Act to the Code, see section 151 of Title 45 and Tables.
§42112. Labor requirements of air carriers
(a)
(1) “copilot” means an employee whose duties include assisting or relieving the pilot in manipulating an aircraft and who is qualified to serve as, and has in effect an airman certificate authorizing the employee to serve as, a copilot.
(2) “pilot” means an employee who is—
(A) responsible for manipulating or who manipulates the flight controls of an aircraft when under way, including the landing and takeoff of an aircraft; and
(B) qualified to serve as, and has in effect an airman certificate authorizing the employee to serve as, a pilot.
(b)
(1) maintain rates of compensation, maximum hours, and other working conditions and relations for its pilots and copilots who are providing interstate air transportation in the 48 contiguous States and the District of Columbia to conform with decision number 83, May 10, 1934, National Labor Board, notwithstanding any limitation in that decision on the period of its effectiveness;
(2) maintain rates of compensation for its pilots and copilots who are providing foreign air transportation or air transportation only in one territory or possession of the United States; and
(3) comply with title II of the Railway Labor Act (45 U.S.C. 181 et seq.) as long as it holds its certificate.
(c)
(d)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1160.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 42112(a) | 49 App.:1371(k)(5). | Aug. 23, 1958, Pub. L. 85–726, §401(k), 72 Stat. 756. |
| 42112(b), (c) | 49 App.:1371(k)(1), (2), (4). | |
| 42112(d) | 49 App.:1371(k)(3). |
In subsection (a), the words “properly” and “currently” are omitted as surplus.
In subsection (b), the word “providing” is substituted for “engaged in” for consistency in the revised title. In clause (1), the words “48 contiguous States and the District of Columbia” are substituted for “the continental United States (not including Alaska)” for clarity and consistency in the revised title. In clause (2), the words “overseas or” are omitted as obsolete. The word “only” is substituted for “wholly” for consistency. In clause (3), the words “as long as it holds” are substituted for “upon the holding” for clarity.
In subsection (c), the words “under subsection (b)(1) of this section” are substituted for “said decision 83 . . . engaged in interstate air transportation within the continental United States (not including Alaska)” to eliminate unnecessary words.
In subsection (d), the words “or other employees” are omitted as unnecessary because this section only applies to pilots and copilots.
References in Text
The Railway Labor Act, referred to in subsec. (b)(3), is act May 20, 1926, ch. 347, 44 Stat. 577, as amended. Title II of the Act was added by act Apr. 10, 1936, ch. 166, 49 Stat. 1189, and is classified generally to subchapter II (§181 et seq.) of chapter 8 of Title 45, Railroads. For complete classification of this Act to the Code, see section 151 of Title 45 and Tables.
Labor Integration
Pub. L. 110–161, div. K, title I, §117, Dec. 26, 2007, 121 Stat. 2382, provided that:
“(a)
“(1) if the same collective bargaining agent represents the combining crafts or classes at each of the covered air carriers, that collective bargaining agent's internal policies regarding integration, if any, will not be affected by and will supersede the requirements of this section; and
“(2) the requirements of any collective bargaining agreement that may be applicable to the terms of integration involving covered employees of a covered air carrier shall not be affected by the requirements of this section as to the employees covered by that agreement, so long as those provisions allow for the protections afforded by sections 3 and 13 of the Allegheny-Mohawk provisions.
“(b)
“(1)
“(2)
“(3)
“(A) is not a temporary employee; and
“(B) is a member of a craft or class that is subject to the Railway Labor Act (45 U.S.C. 151 et seq.).
“(4)
“(A) a transaction for the combination of multiple air carriers into a single air carrier; and which
“(B) involves the transfer of ownership or control of—
“(i) 50 percent or more of the equity securities (as defined in section 101 of title 11, United States Code) of an air carrier; or
“(ii) 50 percent or more (by value) of the assets of the air carrier.
“(c)
“(d)
SUBCHAPTER III—WHISTLEBLOWER PROTECTION PROGRAM
§42121. Protection of employees providing air safety information
(a)
(1) provided, caused to be provided, or is about to provide (with any knowledge of the employer) or cause to be provided to the employer or Federal Government information relating to any violation or alleged violation of any order, regulation, or standard of the Federal Aviation Administration or any other provision of Federal law relating to air carrier safety under this subtitle or any other law of the United States;
(2) has filed, caused to be filed, or is about to file (with any knowledge of the employer) or cause to be filed a proceeding relating to any violation or alleged violation of any order, regulation, or standard of the Federal Aviation Administration or any other provision of Federal law relating to air carrier safety under this subtitle or any other law of the United States;
(3) testified or is about to testify in such a proceeding; or
(4) assisted or participated or is about to assist or participate in such a proceeding.
(b)
(1)
(2)
(A)
(B)
(i)
(ii)
(iii)
(iv)
(3)
(A)
(B)
(i) take affirmative action to abate the violation;
(ii) reinstate the complainant to his or her former position together with the compensation (including back pay) and restore the terms, conditions, and privileges associated with his or her employment; and
(iii) provide compensatory damages to the complainant.
If such an order is issued under this paragraph, the Secretary of Labor, at the request of the complainant, shall assess against the person against whom the order is issued a sum equal to the aggregate amount of all costs and expenses (including attorneys’ and expert witness fees) reasonably incurred, as determined by the Secretary of Labor, by the complainant for, or in connection with, the bringing the complaint upon which the order was issued.
(C)
(4)
(A)
(B)
(5)
(6)
(A)
(B)
(c)
(d)
(e)
(Added Pub. L. 106–181, title V, §519(a), Apr. 5, 2000, 114 Stat. 145.)
Effective Date
Subchapter applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as an Effective Date of 2000 Amendments note under section 106 of this title.
subpart iii—safety
CHAPTER 441—REGISTRATION AND RECORDATION OF AIRCRAFT
Amendments
2004—Pub. L. 108–297, §6(b), Aug. 9, 2004, 118 Stat. 1097, added item 44113.
§44101. Operation of aircraft
(a)
(b)
(1) when authorized under section 40103(d) or 41703 of this title;
(2) when it is an aircraft of the national defense forces of the United States and is identified in a way satisfactory to the Administrator of the Federal Aviation Administration; and
(3) for a reasonable period of time after a transfer of ownership, under regulations prescribed by the Administrator.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1161.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44101(a) | 49 App.:1401(a) (1st sentence words before proviso less words between parentheses). | Aug. 23, 1958, Pub. L. 85–726, §501(a), 72 Stat. 771. |
| 44101(b) | 49 App.:1401(a) (1st sentence words between parentheses, proviso, last sentence). | |
| 49 App.:1655(c)(1). | Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444. |
In this section, the word “navigate” is omitted as being included in the definition of “operate aircraft” in section 40102(a) of the revised title.
In subsection (a), the words “Except as provided in subsection (b) of this section” are added for clarity. The words “a person may . . . an aircraft only when the aircraft is registered under section 44103 of this title” are substituted for “It shall be unlawful . . . any aircraft eligible for registration if such aircraft is not registered by its owner as provided in this section, or . . . any aircraft not eligible for registration” for clarity and to eliminate unnecessary words.
In subsection (b), before clause (1), the words “A person may operate an aircraft in the United States that is not registered” are substituted for “may be operated and navigated without being so registered” and “may . . . permit the operation and navigation of aircraft without registration” for clarity. In clause (2), the words “identified in a way” are substituted for “identified, by the agency having jurisdiction over them, in a manner” to eliminate unnecessary words.
Effective Date of 2004 Amendment
Pub. L. 108–297, §7, Aug. 9, 2004, 118 Stat. 1097, provided that: “This Act [see Short Title of 2004 Amendment note set out under section 40101 of this title], including any amendments made by this Act, shall take effect on the date the Cape Town Treaty (as defined in section 44113 of title 49, United States Code) enters into force with respect to the United States and shall not apply to any registration or recordation that was made before such effective date under chapter 441 of such title or any legal rights relating to such registration or recordation.” [The Cape Town Treaty entered into force with respect to the United States on Mar. 1, 2006. See 71 F.R. 8457.]
Regulations
Pub. L. 108–297, §4, Aug. 9, 2004, 118 Stat. 1096, provided that:
“(a)
“(b)
“(1) the registration of aircraft previously registered in a country in which the Cape Town Treaty is in effect; and
“(2) the cancellation of registration of a civil aircraft of the United States based on a request made in accordance with the Cape Town Treaty.
“(c)
“(1)
“(2)
“(3)
“(d)
Cape Town Treaty; Findings and Purpose
Pub. L. 108–297, §2, Aug. 9, 2004, 118 Stat. 1095, provided that:
“(a)
“(1) The Cape Town Treaty (as defined in section 44113 of title 49, United States Code) extends modern commercial laws for the sale, finance, and lease of aircraft and aircraft engines to the international arena in a manner consistent with United States law and practice.
“(2) The Cape Town Treaty provides for internationally established and recognized financing and leasing rights that will provide greater security and commercial predictability in connection with the financing and leasing of highly mobile assets, such as aircraft and aircraft engines.
“(3) The legal and financing framework of the Cape Town Treaty will provide substantial economic benefits to the aviation and aerospace sectors, including the promotion of exports, and will facilitate the acquisition of newer, safer aircraft around the world.
“(4) Only technical changes to United States law and regulations are required since the asset-based financing and leasing concepts embodied in the Cape Town Treaty are already reflected in the United States in the Uniform Commercial Code.
“(5) The new electronic registry system established under the Cape Town Treaty will work in tandem with current aircraft document recordation systems of the Federal Aviation Administration, which have served United States industry well.
“(6) The United States Government was a leader in the development of the Cape Town Treaty.
“(b)
§44102. Registration requirements
(a)
(1) not registered under the laws of a foreign country and is owned by—
(A) a citizen of the United States;
(B) an individual citizen of a foreign country lawfully admitted for permanent residence in the United States; or
(C) a corporation not a citizen of the United States when the corporation is organized and doing business under the laws of the United States or a State, and the aircraft is based and primarily used in the United States; or
(2) an aircraft of—
(A) the United States Government; or
(B) a State, the District of Columbia, a territory or possession of the United States, or a political subdivision of a State, territory, or possession.
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1161.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44102(a)(1) | 49 App.:1401(b) (1st sentence cl. (1)). | Aug. 23, 1958, Pub. L. 85–726, §501(b), 72 Stat. 772; restated Nov. 9, 1977, Pub. L. 95–163, §14, 91 Stat. 1283; Mar. 8, 1978, Pub. L. 95–241, 92 Stat. 119. |
| 44102(a)(2) | 49 App.:1401(b) (1st sentence cl. (2)). | |
| 44102(b) | 49 App.:1401(b) (last sentence). |
In subsection (a), before clause (1), the words “may be registered” are substituted for “shall be eligible for registration”, and the words “under section 44103 of this title” are added, for clarity. The words “only when” are substituted for “if, but only if” for consistency. In subclause (C), the words “not a citizen of the United States” are substituted for “(other than a corporation which is a citizen of the United States)” to eliminate unnecessary words. The word “lawfully” is omitted as surplus.
In subsection (b), the words “In carrying out subsection (a)(1)(C) of this section” are added because of the restatement. The words “by regulation” are omitted as unnecessary because of 49:322(a).
§44103. Registration of aircraft
(a)
(A) register the aircraft; and
(B) issue a certificate of registration to its owner.
(2) The Administrator may prescribe the extent to which an aircraft owned by the holder of a dealer's certificate of registration issued under section 44104(2) of this title also is registered under this section.
(b)
(A) as provided in section 44106(e)(2) of this title; or
(B) that the Administrator may issue the certificate to the person after the one-year period beginning on the date of the revocation if the Administrator decides that the aircraft otherwise meets the requirements of section 44102 of this title and that denial of a certificate for the 5-year period—
(i) would be excessive considering the nature of the offense or the act committed and the burden the denial places on the person; or
(ii) would not be in the public interest.
(2) A decision of the Administrator under paragraph (1)(B)(i) or (ii) of this subsection is within the discretion of the Administrator. That decision or failure to make a decision is not subject to administrative or judicial review.
(c)
(1) conclusive evidence of the nationality of an aircraft for international purposes, but not conclusive evidence in a proceeding under the laws of the United States; and
(2) not evidence of ownership of an aircraft in a proceeding in which ownership is or may be in issue.
(d)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1162.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44103(a)(1) | 49 App.:1401(c), (d). | Aug. 23, 1958, Pub. L. 85–726, §§501(c), (d), (f), 505 (2d sentence), 72 Stat. 772, 774. |
| 49 App.:1655(c)(1). | Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444. | |
| 44103(a)(2) | 49 App.:1405 (2d sentence). | |
| 49 App.:1655(c)(1). | ||
| 44103(b) | 49 App.:1401(e)(2)(D), (E). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §501(e)(2)(D), (E); added Oct. 19, 1984, Pub. L. 98–499, §4(a), 98 Stat. 2315. |
| 44103(c) | 49 App.:1401(f). | |
| 44103(d) | 49 App.:1401(g). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §501(g); added Oct. 27, 1986, Pub. L. 99–570, §3401(a)(2), 100 Stat. 3207–99. |
In subsection (a)(1), the words “On application” are substituted for “upon request”, and the words “meets the requirements of section 44102 of this title” are substituted for “eligible for registration”, for consistency in this subchapter. The text of 49 App.:1401(d) is omitted as unnecessary because of 49:322(a).
In subsection (b)(1)(B), before subclause (i), the words “after the one-year period beginning on the date of the revocation” are substituted for “before the end of such five-year period (but not before the end of the one-year period beginning on the date of such revocation)” for clarity and to eliminate unnecessary words. The words “otherwise meets the requirements of section 44102 of this title” are substituted for “is otherwise eligible for registration under this section” because of the restatement. The words “denial of a certificate” are substituted for “revocation of the certificate” for clarity.
In subsection (c), before clause (1), the words “A certificate of registration” are substituted for “Registration” for clarity. In clause (2), the words “by a particular person” are omitted as surplus.
Aircraft Situational Display Data
Pub. L. 106–181, title VII, §729, Apr. 5, 2000, 114 Stat. 168, provided that:
“(a)
“(1) the person demonstrate to the satisfaction of the Administrator that the person is capable of selectively blocking the display of any aircraft-situation-display-to-industry derived data related to any identified aircraft registration number; and
“(2) the person agree to block selectively the aircraft registration numbers of any aircraft owner or operator upon the Administration's request.
“(b)
§44104. Registration of aircraft components and dealers’ certificates of registration
The Administrator of the Federal Aviation Administration may prescribe regulations—
(1) in the interest of safety for registering and identifying an aircraft engine, propeller, or appliance; and
(2) in the public interest for issuing, suspending, and revoking a dealer's certificate of registration under this chapter and for its use by a person manufacturing, distributing, or selling aircraft.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1162.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44104(1) | 49 App.:1402. | Aug. 23, 1958, Pub. L. 85–726, §§502, 505 (1st sentence), 72 Stat. 772, 774. |
| 49 App.:1655(c)(1). | Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444. | |
| 44104(2) | 49 App.:1405 (1st sentence). | |
| 49 App.:1655(c)(1). |
In this section, before clause (1), the words “prescribe regulations” are substituted for “establish reasonable rules and regulations” in 49 App.:1402 and “by such reasonable regulations” in 49 App.:1405 (1st sentence) because of 49:322(a). In clause (1), the words “and no aircraft engine, propeller, or appliance shall be used in violation of any such rule or regulation” are omitted as surplus because of section 46301 of the revised title. In clause (2), the words “in connection with” are omitted as surplus.
§44105. Suspension and revocation of aircraft certificates
The Administrator of the Federal Aviation Administration may suspend or revoke a certificate of registration issued under section 44103 of this title when the aircraft no longer meets the requirements of section 44102 of this title.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1163.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44105 | 49 App.:1401(e)(1). | Aug. 23, 1958, Pub. L. 85–726, §501(e)(1), 72 Stat. 772; Oct. 19, 1984, Pub. L. 98–499, §4(a), 98 Stat. 2314. |
| 49 App.:1655(c)(1). | Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444. |
The words “when the aircraft no longer meets” are substituted for “for any cause which renders the aircraft ineligible” for consistency.
§44106. Revocation of aircraft certificates for controlled substance violations
(a)
(b)
(A) the aircraft was used to carry out, or facilitate, an activity that is punishable by death or imprisonment for more than one year under a law of the United States or a State related to a controlled substance (except a law related to simple possession of a controlled substance); and
(B) the owner of the aircraft permitted the use of the aircraft knowing that the aircraft was to be used for the activity described in clause (A) of this paragraph.
(2) An aircraft owner that is not an individual is deemed to have permitted the use of the aircraft knowing that the aircraft was to be used for the activity described in paragraph (1)(A) of this subsection only if a majority of the individuals who control the owner of the aircraft or who are involved in forming the major policy of the owner permitted the use of the aircraft knowing that the aircraft was to be used for the activity described in paragraph (1)(A).
(c)
(1) advise the holder of the certificate of the charges or reasons on which the Administrator bases the proposed action; and
(2) provide the holder of the certificate an opportunity to answer the charges and state why the certificate should not be revoked.
(d)
(2) When a person files an appeal with the Board under this subsection, the order of the Administrator revoking the certificate is stayed. However, if the Administrator advises the Board that safety in air transportation or air commerce requires the immediate effectiveness of the order—
(A) the order remains effective; and
(B) the Board shall dispose of the appeal not later than 60 days after notification by the Administrator under this paragraph.
(3) A person substantially affected by an order of the Board under this subsection may seek judicial review of the order under section 46110 of this title. The Administrator shall be made a party to that judicial proceeding.
(e)
(2) If the Administrator has revoked a certificate of registration of a person under this section because of an activity described in subsection (b)(1)(A) of this section, the Administrator shall reissue a certificate to the person if the person—
(A) subsequently is acquitted of all charges related to a controlled substance in an indictment or information arising from the activity; and
(B) otherwise meets the requirements of section 44102 of this title.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1163.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44106(a) | 49 App.:1401(e)(2)(C). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §501(e)(2)(A)– (C), (F); added Oct. 19, 1984, Pub. L. 98–499, §4(a), 98 Stat. 2314, 2315. |
| 44106(b) | 49 App.:1401(e)(2)(A) (less last sentence). | |
| 44106(c) | 49 App.:1401(e)(2)(B) (1st sentence). | |
| 44106(d) | 49 App.:1401(e)(2)(B) (2d–last sentences). | |
| 44106(e) | 49 App.:1401(e)(2)(A) (last sentence), (F). |
In subsection (b)(2), the words “knowing that the aircraft was to be used for the activity described in paragraph (1)(A) of this subsection” are substituted for “with knowledge of such intended use” for clarity.
§44107. Recordation of conveyances, leases, and security instruments
(a)
(1) conveyances that affect an interest in civil aircraft of the United States;
(2) leases and instruments executed for security purposes, including conditional sales contracts, assignments, and amendments, that affect an interest in—
(A) a specifically identified aircraft engine having at least 550 rated takeoff horsepower or its equivalent;
(B) a specifically identified aircraft propeller capable of absorbing at least 750 rated takeoff shaft horsepower;
(C) an aircraft engine, propeller, or appliance maintained for installation or use in an aircraft, aircraft engine, or propeller, by or for an air carrier holding a certificate issued under section 44705 of this title; and
(D) spare parts maintained by or for an air carrier holding a certificate issued under section 44705 of this title; and
(3) releases, cancellations, discharges, and satisfactions related to a conveyance, lease, or instrument recorded under paragraph (1) or (2).
(b)
(c)
(1) a notary public; or
(2) another officer authorized under the laws of the United States, a State, the District of Columbia, or a territory or possession of the United States to acknowledge deeds.
(d)
(1) keep a record of the time and date that each conveyance, lease, and instrument is filed and recorded with the Administrator; and
(2) record each conveyance, lease, and instrument filed with the Administrator, in the order of their receipt, and index them by—
(A) the identifying description of the aircraft, aircraft engine, or propeller, or location specified in a lease or instrument recorded under subsection (a)(2)(C) or (D) of this section; and
(B) the names of the parties to each conveyance, lease, and instrument.
(e)
(1)
(A) civil aircraft of the United States;
(B) an aircraft for which a United States identification number has been assigned but only with regard to a notice filed under paragraph (2); and
(C) aircraft engines.
(2)
(A)
(B)
(3)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1164; Pub. L. 108–297, §3, Aug. 9, 2004, 118 Stat. 1096.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44107(a)(1) | 49 App.:1403(a)(1). | Aug. 23, 1958, Pub. L. 85–726, §503(a)(1), (3), (b), 72 Stat. 772. |
| 49 App.:1655(c)(1). | Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444. | |
| 44107(a) (2)(A), (B) | 49 App.:1403(a)(2). | Aug. 23, 1958, Pub. L. 85–726, §503(a)(2), 72 Stat. 772; restated July 8, 1959, Pub. L. 86–81, §1, 73 Stat. 180. |
| 49 App.:1655(c)(1). | ||
| 44107(a) (2)(C), (D) | 49 App.:1403(a)(3) (less words between 13th comma and semicolon). | |
| 49 App.:1655(c)(1). | ||
| 44107(a)(3) | 49 App.:1403(b). | |
| 49 App.:1655(c)(1). | ||
| 44107(b) | 49 App.:1403(a)(3) (words between 13th comma and semicolon). | |
| 44107(c) | 49 App.:1403(e). | Aug. 23, 1958, Pub. L. 85–726, §503(e), 72 Stat. 773; restated June 30, 1964, Pub. L. 88–346, §2, 78 Stat. 236. |
| 49 App.:1655(c)(1). | ||
| 44107(d) | 49 App.:1403(f). | Aug. 23, 1958, Pub. L. 85–726, §503(f), 72 Stat. 773; July 8, 1959, Pub. L. 86–81, §4, 73 Stat. 181. |
| 49 App.:1655(c)(1). |
In subsection (a)(1) and (2), the words “title to” are omitted as being included in “interest in”.
In subsection (a)(2), before subclause (A), the word “instruments” is substituted for “any mortgage, equipment trust . . . or other instrument” because it is inclusive. The word “supplement” is omitted as being included in “amendments”.
In subsection (a)(3), the words “The Secretary of Transportation shall also record under the system” are omitted as unnecessary because of the restatement.
In subsections (a)(3) and (c), the words “lease, or instrument” are substituted for “other instrument” for clarity and consistency in this subchapter.
In subsections (b) and (d), the words “or locations” are omitted because of 1:1.
In subsection (b), the words “recorded under subsection (a)(2)(C) or (D) of this section” are added for clarity. The words “lease or instrument” are substituted for “instrument” for clarity and consistency in this subchapter.
In subsection (c), before clause (1), the words “by regulation” are omitted because of 49:322(a). In clause (2), the words “possession of the United States” are substituted for “possession thereof” for clarity.
In subsection (d), the words “lease, and instrument” are substituted for “other instruments” for clarity and consistency in this subchapter. In clause (1), the words “of the time and date of” before “recordation” are omitted as unnecessary because of the restatement. In clause (2), before subclause (A), the words “in files to be kept for that purpose” are omitted as unnecessary. In subclause (A), the words “location specified in a lease or instrument recorded under subsection (a)(2)(C) or (D) of this section” are substituted for “in the case of an instrument referred to in subsection (a)(3) of this section, the location or locations specified therein” for clarity and consistency in this subchapter.
Amendments
2004—Subsec. (a)(2)(A). Pub. L. 108–297, §3(a)(1), substituted “550” for “750”.
Subsec. (a)(3). Pub. L. 108–297, §3(a)(2), substituted “paragraph (1) or (2)” for “clause (1) or (2) of this subsection”.
Subsec. (e). Pub. L. 108–297, §3(b), added subsec. (e).
Effective Date of 2004 Amendment
Amendment by Pub. L. 108–297 effective Mar. 1, 2006, and not applicable to any registration or recordation that was made before such date under this chapter or any legal rights relating to such registration or recordation, see section 7 of Pub. L. 108–297, set out as a note under section 44101 of this title.
§44108. Validity of conveyances, leases, and security instruments
(a)
(1) the person making the conveyance, lease, or instrument;
(2) that person's heirs and devisees; and
(3) a person having actual notice of the conveyance, lease, or instrument.
(b)
(1) a lease or instrument recorded under section 44107(a)(2)(A) or (B) of this title is valid for a specifically identified engine or propeller without regard to a lease or instrument previously or subsequently recorded under section 44107(a)(2)(C) or (D); and
(2) a lease or instrument recorded under section 44107(a)(2)(C) or (D) of this title is valid only for items at the location designated in the lease or instrument.
(c)
(2) This subsection does not take precedence over the Convention on the International Recognition of Rights in Aircraft (4 U.S.T. 1830) or the Cape Town Treaty, as applicable.
(d)
(1) a conveyance described in section 44107(a)(1) of this title that was made before August 22, 1938; or
(2) a lease or instrument described in section 44107(a)(2) of this title that was made before June 20, 1948.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1165; Pub. L. 108–297, §5, Aug. 9, 2004, 118 Stat. 1097.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44108(a) | 49 App.:1403(c) (less words after semicolon). | Aug. 23, 1958, Pub. L. 85–726, §503(c), 72 Stat. 773. |
| 44108(b) | 49 App.:1403(d). | Aug. 23, 1958, Pub. L. 85–726, §503(d), 72 Stat. 773; July 8, 1959, Pub. L. 86–81, §3, 73 Stat. 181. |
| 44108(c)(1) | 49 App.:1406. | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §506; added June 30, 1964, Pub. L. 88–346, §1(a), 78 Stat. 236. |
| 44108(c)(2) | 49 App.:1406 (note). | June 30, 1964, Pub. L. 88–346, §1(c), 78 Stat. 236. |
| 44108(d) | 49 App.:1403(c) (words after semicolon). |
In subsection (a), before clause (1), the words “conveyance, lease, or instrument executed for security purposes” are substituted for “conveyance or instrument” for clarity and consistency in this subchapter. The words “in respect of such aircraft, aircraft engine or engines, propellers, appliances, or spare parts” are omitted as surplus. The text of 49 App.:1403(c) (proviso words before semicolon) is omitted because of section 7(d) of this bill. In clause (1), the words “person making the conveyance, lease, or instrument” are substituted for “the person by whom the conveyance or other instrument is made or given” to eliminate unnecessary words and for consistency in this subchapter.
In subsection (b), before clause (1), the words “When a conveyance, lease, or instrument is recorded under section 44107 of this title . . . from the date of filing” are substituted for “Each conveyance or other instrument recorded by means of or under the system provided for in subsection (a) or (b) of the section shall from the time of its filing for recordation” for clarity and consistency in this subchapter and to eliminate unnecessary words. In clause (1), the words “is valid” are substituted for “Provided, That . . . shall not be affected” for consistency in this subchapter. The words “or engines . . . or propellers” are omitted because of 1:1. In clause (2), the words “is valid” are substituted for “shall be effective” for consistency in this subchapter. The words “for items at the location designated in the lease or instrument” are substituted for “which may from time to time be situated at the designated location or locations and only while so situated” for clarity and to eliminate unnecessary words.
In subsection (c)(1), the words “conveyance, lease, or” are added for consistency in this subchapter. The words “the conveyance, lease, or instrument” are substituted for “therein”, and the words “it is presumed” are substituted for “it shall constitute presumptive evidence”, for clarity.
In subsection (d)(2), the words “lease or instrument” are substituted for “instrument” for clarity and consistency in this subchapter.
Amendments
2004—Subsec. (c)(2). Pub. L. 108–297 inserted “or the Cape Town Treaty, as applicable” before period at end.
Effective Date of 2004 Amendment
Amendment by Pub. L. 108–297 effective Mar. 1, 2006, and not applicable to any registration or recordation that was made before such date under this chapter or any legal rights relating to such registration or recordation, see section 7 of Pub. L. 108–297, set out as a note under section 44101 of this title.
§44109. Reporting transfer of ownership
(a)
(b)
(1) shall prescribe regulations that establish guidelines for exempting a person or class from subsection (a) of this section; and
(2) may exempt a person or class under the regulations.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1166.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44109(a) | 49 App.:1509(f). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1109(f); added Oct. 27, 1986, Pub. L. 99–570, §3401(d)(1), 100 Stat. 3207–101. |
| 44109(b) | 49 App.:1509 (note). | Oct. 27, 1986, Pub. L. 99–570, §3401(d)(2), 100 Stat. 3207–102. |
In subsection (a), the text of 49 App.:1509(f) (last sentence) is omitted as unnecessary.
In subsection (b)(1), the words “Within 30 days after the date of enactment of subsection (f) of section 1109 of the Federal Aviation Act of 1958 as added by this subsection” are omitted as obsolete.
§44110. Information about aircraft ownership and rights
The Administrator of the Federal Aviation Administration may provide by regulation for—
(1) endorsing information on each certificate of registration issued under section 44103 of this title and each certificate issued under section 44704 of this title about ownership of the aircraft for which each certificate is issued; and
(2) recording transactions affecting an interest in, and for other records, proceedings, and details necessary to decide the rights of a party related to, a civil aircraft of the United States, aircraft engine, propeller, appliance, or spare part.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1166.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44110 | 49 App.:1403(g). | Aug. 23, 1958, Pub. L. 85–726, §503(g), 72 Stat. 774. |
| 49 App.:1655(c)(1). | Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444. |
In clause (1), the words “each certificate of registration issued under section 44103 of this title and each certificate issued under section 44704 of this title” are substituted for “certificates of registration, or aircraft certificates” for clarity and because of the restatement.
In clause (2), the words “recording transactions” are substituted for “recording of discharges and satisfactions of recorded instruments, and other transactions” to eliminate unnecessary words. The words “title to” are omitted as being included in “interest in”. The words “to decide” are substituted for “to facilitate the determination” to eliminate unnecessary words. The words “related to” are substituted for “dealing with” for clarity. The word “spare” is added for consistency in this section.
§44111. Modifications in registration and recordation system for aircraft not providing air transportation
(a)
(b)
(1) buyers and sellers of aircraft;
(2) officials responsible for enforcing laws related to the regulation of controlled substances (as defined in section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802)); and
(3) other users of the system.
(c)
(1) may include a system of titling aircraft or registering all aircraft, even aircraft not operated;
(2) shall ensure positive, verifiable, and timely identification of the true owner; and
(3) shall address at least each of the following deficiencies in and abuses of the existing system:
(A) the registration of aircraft to fictitious persons.
(B) the use of false or nonexistent addresses by persons registering aircraft.
(C) the use by a person registering an aircraft of a post office box or “mail drop” as a return address to evade identification of the person's address.
(D) the registration of aircraft to entities established to facilitate unlawful activities.
(E) the submission of names of individuals on applications for registration of aircraft that are not identifiable.
(F) the ability to make frequent legal changes in the registration markings assigned to aircraft.
(G) the use of false registration markings on aircraft.
(H) the illegal use of “reserved” registration markings on aircraft.
(I) the large number of aircraft classified as being in “self-reported status”.
(J) the lack of a system to ensure timely and adequate notice of the transfer of ownership of aircraft.
(K) the practice of allowing temporary operation and navigation of aircraft without the issuance of a certificate of registration.
(d)
(2) Regulations prescribed under this subsection shall require that—
(A) each individual listed in an application for registration of an aircraft provide with the application the individual's driver's license number; and
(B) each person (not an individual) listed in an application for registration of an aircraft provide with the application the person's taxpayer identifying number.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1166.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44111(a) | 49 App.:1303 (note). | Nov. 11, 1988, Pub. L. 100–690, §7214, 102 Stat. 4434. |
| 44111(b) | 49 App.:1401(h) (1st sentence). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §501(h); added Nov. 11, 1988, Pub. L. 100–690, §7203(a), 102 Stat. 4424. |
| 44111(c) | 49 App.:1401(h) (last sentence). | |
| 44111(d) | 49 App.:1401 (note). | Nov. 18, 1988, Pub. L. 100–690, §7207(a), (b), 102 Stat. 4427. |
In subsection (c)(3)(D), the words “corporations and others” are omitted as surplus.
In subsection (d)(1), the words “Not later than September 18, 1989” and “final” are omitted as obsolete. The words “Administrator of Drug Enforcement” are substituted for “Drug Enforcement Administration of the Department of Justice” because of section 5(a) of Reorganization Plan No. 2 of 1973 (eff. July 1, 1973, 87 Stat. 1092).
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
Drug Enforcement Status and Progress; Reports to Congress; Definitions
Pub. L. 100–690, title VII, §7207(d), (e), Nov. 18, 1988, 102 Stat. 4428, provided that:
“(d)
“(1) The status of the rulemaking process, issuance of regulations, and implementation of regulations in accordance with this section [see subsec. (d) of this section].
“(2) The progress being made in reducing the number of aircraft classified by the Federal Aviation Administration as being in ‘sale-reported status’.
“(3) The progress being made in expediting the filing and processing of forms for major repairs and alterations of fuel tanks and fuel systems of aircraft.
“(4) The status of establishing and collecting fees under section 313(f) of the Federal Aviation Act [see section 45302(b) of this title].
“(e)
“(1)
“(2)
Information Coordination
Pub. L. 100–690, title VII, §7210, Nov. 18, 1988, 102 Stat. 4432, provided that: “Not later than 180 days after the date of the enactment of this subtitle [Nov. 18, 1988] and annually thereafter during the 3-year period beginning on such 180th day, the Administrator shall prepare and transmit to Congress a report on the following:
“(1) The progress made in establishing a process for provision of informational assistance by such Administration to officials of Federal, State, and local law enforcement agencies.
“(2) The progress made in establishing a process for effectively pursuing suspensions and revocations of certificates of registration and airman certificates in accordance with the amendments made to the Federal Aviation Act of 1958 by the Aviation Drug-Trafficking Control Act [Pub. L. 98–499, see Tables for classification], section 3401 of the Anti-Drug Abuse Act of 1986 [Pub. L. 99–570], and this subtitle [subtitle E (§§7201–7214) of title VII of Pub. L. 100–690].
“(3) The efforts of such Administration in assessing and defining the appropriate relationship of such Administration's informational assistance resources (including the El Paso Intelligence Center and the Law Enforcement Assistance Unit of the Aeronautical Center of such Administration).
“(4) The progress made in issuing guidelines on (A) the reporting of aviation sensitive drug-related information, and (B) the development, in coordination with the Drug Enforcement Administration of the Department of Justice and the United States Customs Service, of training and educational policies to assist employees of such Administration to better understand (i) the trafficking of controlled substances (as defined in section 102 of the Controlled Substances Act [21 U.S.C. 802]), and (ii) the role of such Administration with respect to such trafficking.
“(5) The progress made in improving and expanding such Administration's role in the El Paso Intelligence Center.”
Applicability of Paperwork Reduction Act
Pub. L. 100–690, title VII, §7211(b), Nov. 18, 1988, 102 Stat. 4433, provided that: “No information collection requests necessary to carry out the objectives of this subtitle [subtitle E (§§7201–7214) of title VI of Pub. L. 100–690, see Tables for classification] (including the amendments made by this subtitle) shall be subject to or affect, directly or indirectly, the annual information collection budget goals established for the Federal Aviation Administration and the Department of Transportation under chapter 35 of title 44, United States Code.”
§44112. Limitation of liability
(a)
(1) “lessor” means a person leasing for at least 30 days a civil aircraft, aircraft engine, or propeller.
(2) “owner” means a person that owns a civil aircraft, aircraft engine, or propeller.
(3) “secured party” means a person having a security interest in, or security title to, a civil aircraft, aircraft engine, or propeller under a conditional sales contract, equipment trust contract, chattel or corporate mortgage, or similar instrument.
(b)
(1) the aircraft, engine, or propeller; or
(2) the flight of, or an object falling from, the aircraft, engine, or propeller.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1167.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44112 | 49 App.:1404. | Aug. 23, 1958, Pub. L. 85–726, §504, 72 Stat. 774; restated July 8, 1959, Pub. L. 86–81, §2, 73 Stat. 180. |
In subsection (a), clauses (1) and (3) are derived from 49 App.:1404 (2d–57th words). Clause (2) is added for clarity. In clause (1), the words “bona fide” are omitted as surplus. In clause (3), the word “nature” is omitted as surplus.
In subsection (b), before clause (1), the words “personal injury, death” are substituted for “any injury to or death of persons”, and the words “on land or water” are substituted for “on the surface of the earth (whether on land or water)”, to eliminate unnecessary words. In clause (2), the words “ascent, descent, or” and “dropping or” are omitted as surplus.
§44113. Definitions
In this chapter, the following definitions apply:
(1)
(2)
(3)
(Added Pub. L. 108–297, §6(a), Aug. 9, 2004, 118 Stat. 1097.)
Effective Date
Section effective Mar. 1, 2006, and not applicable to any registration or recordation that was made before such date under this chapter or any legal rights relating to such registration or recordation, see section 7 of Pub. L. 108–297, set out as an Effective Date of 2004 Amendment note under section 44101 of this title.
CHAPTER 443—INSURANCE
§44301. Definitions
In this chapter—
(1) “aircraft manufacturer” means any company or other business entity, the majority ownership and control of which is by United States citizens, that manufactures aircraft or aircraft engines.
(2) “American aircraft” means—
(A) a civil aircraft of the United States; and
(B) an aircraft owned or chartered by, or made available to—
(i) the United States Government; or
(ii) a State, the District of Columbia, a territory or possession of the United States, or a political subdivision of the State, territory, or possession.
(3) “insurance carrier” means a person authorized to do aviation insurance business in a State, including a mutual or stock insurance company and a reciprocal insurance association.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1168; Pub. L. 108–176, title I, §106(a)(2), Dec. 12, 2003, 117 Stat. 2498.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44301 | 49 App.:1531. | Aug. 23, 1958, Pub. L. 85–726, §1301, 72 Stat. 800; restated Nov. 9, 1977, Pub. L. 95–163, §1(a), 91 Stat. 1278. |
In this section, the text of 49 App.:1531(3) is omitted as surplus because the complete name of the Secretary of Transportation is used the first time the term appears in a section.
In clause (1)(B)(i), the words “United States Government” are substituted for “United States or any department or agency thereof” for consistency in the revised title and with other titles of the United States Code.
In clause (1)(B)(ii), the words “the government of” are omitted for consistency in the revised title.
In clause (2), the words “insurance company” are omitted as being included in “insurance carrier”. The words “means a person” are added because they are inclusive. The words “group or association” are omitted as being included in “person”. The word “State” is substituted for “State of the United States” to eliminate unnecessary words.
Amendments
2003—Pub. L. 108–176 added par. (1) and redesignated former pars. (1) and (2) as (2) and (3), respectively.
Effective Date of 2003 Amendment
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
§44302. General authority
(a)
(2) An aircraft may be insured or reinsured for not more than its reasonable value as determined by the Secretary in accordance with reasonable business practices in the commercial aviation insurance industry. Insurance or reinsurance may be provided only when the Secretary decides that the insurance cannot be obtained on reasonable terms from an insurance carrier.
(b)
(1)
(2)
(3)
(4)
(c)
(d)
(e)
(f)
(1)
(2)
(A) in no event shall the total premium paid by the air carrier for the policy, as amended, be more than twice the premium that the air carrier was paying to the Department of Transportation for its third party policy as of June 19, 2002; and
(B) the coverage in such policy shall begin with the first dollar of any covered loss that is incurred.
(g)
(1)
(2)
(3)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1168; Pub. L. 105–137, §2(a), Dec. 2, 1997, 111 Stat. 2640; Pub. L. 107–42, title II, §201(a), Sept. 22, 2001, 115 Stat. 234; Pub. L. 107–296, title XII, §1202, Nov. 25, 2002, 116 Stat. 2286; Pub. L. 108–11, title IV, §4001(a), Apr. 16, 2003, 117 Stat. 606; Pub. L. 108–176, title I, §106(a)(1), Dec. 12, 2003, 117 Stat. 2498; Pub. L. 108–447, div. H, title I, §106(a), Dec. 8, 2004, 118 Stat. 3204; Pub. L. 109–115, div. A, title I, §108(a), Nov. 30, 2005, 119 Stat. 2402; Pub. L. 110–161, div. K, title I, §114(a), Dec. 26, 2007, 121 Stat. 2381.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44302(a) | 49 App.:1532(a)(1) (less words between 1st and 3d commas), (3). | Aug. 23, 1958, Pub. L. 85–726, §1302(a), 72 Stat. 801; restated Nov. 9, 1977, Pub. L. 95–163, §2, 91 Stat. 1278; Oct. 31, 1992, Pub. L. 102–581, §401(b), 106 Stat. 4897. |
| 49 App.:1537(a) (last sentence words between 2d and 3d commas). | Aug. 23, 1958, Pub. L. 85–726, §1307(a) (last sentence words between 2d and 3d commas), 72 Stat. 804; Oct. 4, 1984, Pub. L. 98–443, §9(b), 98 Stat. 1706. | |
| 44302(b) | 49 App.:1532(a)(1) (words between 1st and 2d commas), (2). | |
| 44302(c) | 49 App.:1532(a)(1) (words between 2d and 3d commas). | |
| 44302(d) | 49 App.:1541. | Aug. 23, 1958, Pub. L. 85–726, §1311, 72 Stat. 806. |
In subsection (a)(1), before clause (A), the words “Subject to subsection (b) of this section” are added, and the words “American aircraft or foreign-flag aircraft” are substituted for “aircraft” in 49 App.:1532(a), for clarity. The words “in the manner and to the extent provided by this subchapter” are omitted as unnecessary. The words “Insurance shall be issued under this subchapter only to cover any risk from the operation of an aircraft . . . such aircraft is” are omitted because of the restatement. In clause (B), the word “places” is substituted for “points” for consistency in the revised title.
In subsection (a)(2), the words “An aircraft may be insured or reinsured for not more than” are substituted for “and such stated amount shall not exceed” in 49 App.:1537(a) for clarity and because of the restatement. The words “its reasonable value” are substituted for “an amount . . . to represent the fair and reasonable value of the aircraft” to eliminate unnecessary words. The words “Insurance or reinsurance may be provided only” are added because of the restatement. The word “conditions” is omitted as being included in “terms”.
In subsection (b), the words “The Secretary may provide insurance or reinsurance under subsection (a) of this section only with the approval of the President” are substituted for “with the approval of the President” for clarity and because of the restatement. The words “The President may” are substituted for “The President shall” because the authority of the President is discretionary.
In subsection (c), the words “the Secretary to consult . . . before providing insurance or reinsurance under this chapter” are substituted for “and after such consultation . . . as” because of the restatement. The words “departments, agencies, and instrumentalities” are substituted for “agencies” for consistency in the revised title and with other titles of the United States Code.
In subsection (d), the words “However, the Secretary may not benefit from the additional insurance” are substituted for “in that event, the Secretary shall not be entitled to the benefit of such insurance” for clarity.
References in Text
The date of enactment of this paragraph, referred to in subsec. (b)(4), is the date of enactment of Pub. L. 107–42, which was approved Sept. 22, 2001.
The date of enactment of this subsection, referred to in subsec. (f)(1), is the date of enactment of Pub. L. 107–296, which was approved Nov. 25, 2002.
Amendments
2007—Subsec. (f)(1). Pub. L. 110–161 substituted “2008” for “2006” in two places.
2005—Subsec. (f)(1). Pub. L. 109–115 substituted “2006” for “2005” in two places.
2004—Subsec. (f)(1). Pub. L. 108–447 substituted “2005” for “2004” in two places.
2003—Subsec. (f)(1). Pub. L. 108–11, substituted “2004” for “2003” in two places.
Subsec. (g). Pub. L. 108–176 added subsec. (g).
2002—Subsec. (f). Pub. L. 107–296 added subsec. (f).
2001—Subsec. (a)(1). Pub. L. 107–42, §201(a)(1), substituted “subsection (c)” for “subsection (b)” and “foreign-flag aircraft.” for “foreign-flag aircraft—” and struck out subpars. (A) and (B) which read as follows:
“(A) in foreign air commerce; or
“(B) between at least 2 places, all of which are outside the United States.”
Subsec. (b). Pub. L. 107–42, §201(a)(3), added subsec. (b). Former subsec. (b) redesignated (c).
Subsec. (c). Pub. L. 107–42, §201(a)(2), (4), redesignated subsec. (b) as (c), in first sentence inserted “, or reimburse an air carrier under subsection (b) of this section,” before “only with the approval”, and in second sentence inserted “or the reimbursement” before “only after deciding” and “in the interest of air commerce or national security or” before “to carry out the foreign policy”. Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 107–42, §201(a)(2), (5), redesignated subsec. (c) as (d) and inserted “or reimbursing an air carrier” before “under this chapter”. Former subsec. (d) redesignated (e).
Subsec. (e). Pub. L. 107–42, §201(a)(2), redesignated subsec. (d) as (e).
1997—Subsec. (a)(2). Pub. L. 105–137 substituted “as determined by the Secretary in accordance with reasonable business practices in the commercial aviation insurance industry.” for “as determined by the Secretary.”
Effective Date of 2003 Amendment
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
Effective Date of 2002 Amendment
Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.
Extension of Termination Date of Policies
Pub. L. 109–289, div. B, title II, §21002(a), as added by Pub. L. 110–5, §2, Feb. 15, 2007, 121 Stat. 47, provided that subsec. (f)(1) of this section would be applied by substituting “September 30, 2007” for “August 31, 2006, and may extend through December 31, 2006”.
Provision of Aviation Insurance Coverage for Commercial Air Carrier Service
Determination of President of the United States, No. 94–39, July 26, 1994, 59 F.R. 38551, provided:
By virtue of the authority vested in me by the Constitution and laws of the United States, including 3 U.S.C. 301 and 49 U.S.C. 44302, I hereby:
(1) determine that continuation of authorized humanitarian relief air services to Haiti is necessary to carry out the foreign policy of the United States;
(2) approve provision by the Secretary of Transportation of insurance against loss or damage arising out of any risk from the operation of an aircraft in the manner and to the extent provided in 49 U.S.C. 44301–44310, whenever he determines that such insurance cannot be obtained on reasonable terms and conditions from any company authorized to conduct an insurance business in a State of the United States;
(3) delegate to the Secretary of Transportation, in consultation with the Secretary of State, the authority vested in me by 49 U.S.C. 44302(b) [now 44302(c)], for purposes of responding to the current crisis in Haiti; and
(4) delegate to the Secretary of Transportation, in consultation with the Secretary of State, the authority vested in me by 49 U.S.C. 44306(b) [now 44306(c)] for purposes of responding to the current crisis in Haiti.
The Secretary of Transportation is directed to bring this determination immediately to the attention of all air carriers within the meaning of 49 U.S.C. 40102(a)(2), and to arrange for its publication in the Federal Register.
William J. Clinton.
Provision of Aviation Insurance Coverage for Commercial Air Carrier Service in Domestic and International Operations
Memorandum of President of the United States, Dec. 27, 2007, 73 F.R. 1813, provided:
Memorandum for the Secretary of Transportation
By the authority vested in me as President by the Constitution and laws of the United States including 49 U.S.C. 44302, et seq., I hereby:
1. Determine that continuation of U.S.-flag commercial air service is necessary in the interest of air commerce, national security, and the foreign policy of the United States.
2. Approve provision by the Secretary of Transportation (Secretary) of insurance or reinsurance to U.S.-flag air carriers against loss or damage arising out of any risk from the operation of an aircraft in the manner and to the extent provided in chapter 443 of 49 U.S.C.:
(a) until August 31, 2008;
(b) after August 31, 2008, but no later than December 31, 2008, when the Secretary determines that such insurance or reinsurance cannot be obtained on reasonable terms and conditions from any company authorized to conduct an insurance business in a State of the United States; and
3. Delegate to the Secretary the authority, vested in me by 49 U.S.C. 44306(c), to extend this determination for additional periods beyond August 31, 2008, but no later than December 31, 2008, when the Secretary finds that the continued operation of aircraft to be insured or reinsured is necessary in the interest of air commerce or the national security, or to carry out the foreign policy of the United States Government.
You are directed to bring this determination immediately to the attention of all air carriers within the meaning of 49 U.S.C. 40102(2), and to arrange for its publication in the Federal Register.
George W. Bush.
Prior Presidential documents related to provision of insurance to U.S.-flag commercial air service were contained in the following:
Memorandum of President of the United States, Dec. 21, 2006, 71 F.R. 77243.
Memorandum of President of the United States, Dec. 22, 2005, 70 F.R. 76669.
Determination of President of the United States, No. 2005–15, Dec. 21, 2004, 69 F.R. 77607.
Determination of President of the United States, No. 2004–13, Dec. 11, 2003, 69 F.R. 5237.
Determination of President of the United States, No. 01–29, Sept. 23, 2001, 66 F.R. 49075.
§44303. Coverage
(a)
(1) an American aircraft or foreign-flag aircraft engaged in aircraft operations the President decides are necessary in the interest of air commerce or national security or to carry out the foreign policy of the United States Government.
(2) property transported or to be transported on aircraft referred to in clause (1) of this section, including—
(A) shipments by express or registered mail;
(B) property owned by citizens or residents of the United States;
(C) property—
(i) imported to, or exported from, the United States; and
(ii) bought or sold by a citizen or resident of the United States under a contract putting the risk of loss or obligation to provide insurance against risk of loss on the citizen or resident; and
(D) property transported between—
(i) a place in a State or the District of Columbia and a place in a territory or possession of the United States;
(ii) a place in a territory or possession of the United States and a place in another territory or possession of the United States; or
(iii) 2 places in the same territory or possession of the United States.
(3) the personal effects and baggage of officers and members of the crew of an aircraft referred to in clause (1) of this section and of other individuals employed or transported on that aircraft.
(4) officers and members of the crew of an aircraft referred to in clause (1) of this section and other individuals employed or transported on that aircraft against loss of life, injury, or detention.
(5) statutory or contractual obligations or other liabilities, customarily covered by insurance, of an aircraft referred to in clause (1) of this section or of the owner or operator of that aircraft.
(6) loss or damage of an aircraft manufacturer resulting from operation of an aircraft by an air carrier and involving war or terrorism.
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1169; Pub. L. 107–42, title II, §201(b)(1), Sept. 22, 2001, 115 Stat. 235; Pub. L. 107–296, title XII, §1201, Nov. 25, 2002, 116 Stat. 2286; Pub. L. 108–11, title IV, §4001(b), Apr. 16, 2003, 117 Stat. 606; Pub. L. 108–176, title I, §106(a)(3), (b), Dec. 12, 2003, 117 Stat. 2499; Pub. L. 108–447, div. H, title I, §106(b), Dec. 8, 2004, 118 Stat. 3204; Pub. L. 109–115, div. A, title I, §108(b), Nov. 30, 2005, 119 Stat. 2402; Pub. L. 110–161, div. K, title I, §114(b), Dec. 26, 2007, 121 Stat. 2381.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44303 | 49 App.:1533. | Aug. 23, 1958, Pub. L. 85–726, §1303, 72 Stat. 801; restated Nov. 9, 1977, Pub. L. 95–163, §3, 91 Stat. 1279. |
In this section, before clause (1), the words “persons, property, or interest” are omitted as unnecessary. In clause (2), the word “property” is substituted for “Cargoes” and “air cargoes” for consistency in the revised title. In clause (2)(B) and (C), the words “its territories, or possessions” are omitted as unnecessary because of the definition of “United States” in section 40102(a) of the revised title. In clause (2)(C)(ii), the word “contract” is substituted for “contracts of sale or purchase”, and the words “putting . . . on” are substituted for “is assumed by or falls upon”, to eliminate unnecessary words. In clause (2)(D), the word “place” is substituted for “point” for consistency in the revised title. In subclause (i), the words “a State or the District of Columbia” are substituted for “the United States” for clarity and consistency because the definition of “United States” in section 40102(a) of the revised title is too broad for the context of the clause. The definition in section 40102(a) includes territories and possession and would therefore overlap with subclauses (ii) and (iii). In subclause (iii), the words “2 places in the same territory or possession of the United States” are substituted for “any point in any such territory or possession and any other point in the same territory or possession” for clarity. In clauses (3) and (4), the word “individuals” is substituted for “persons” as being more appropriate. The words “captains” and “pilots” are omitted as being included in “officers and members of the crew”.
Codification
The text of section 201(b)(2) of Pub. L. 107–42, which was transferred and redesignated so as to appear as subsec. (b) of this section and amended by Pub. L. 107–296, was based on Pub. L. 107–42, title II, §201(b)(2), Sept. 22, 2001, 115 Stat. 235, formerly included in a note set out under section 40101 of this title.
Amendments
2007—Subsec. (b). Pub. L. 110–161 substituted “2008,” for “2006,”.
2005—Subsec. (b). Pub. L. 109–115 substituted “2006” for “2005”.
2004—Subsec. (b). Pub. L. 108–447 substituted “2005” for “2004’.
2003—Subsec. (a). Pub. L. 108–176, §106(a)(3)(A), substituted “
Subsec. (a)(6). Pub. L. 108–176, §106(a)(3)(B), added par. (6).
Subsec. (b). Pub. L. 108–176, §106(b), inserted at end “The Secretary may extend the provisions of this subsection to an aircraft manufacturer (as defined in section 44301) of the aircraft of the air carrier involved.”
Pub. L. 108–11 substituted “2004” for “2003”.
2002—Pub. L. 107–296 designated existing provisions as subsec. (a), inserted heading, transferred and redesignated the text of section 201(b)(2) of Pub. L. 107–42 so as to appear as subsec. (b), in heading substituted “Air Carrier Liability for Third Party Claims Arising Out of Acts of Terrorism” for “Discretion of the Secretary”, and in text substituted “the period beginning on September 22, 2001, and ending on December 31, 2003, the Secretary” for “the 180-day period following the date of enactment of this Act, the Secretary of Transportation” and “this subsection” for “this paragraph”. See Codification note above.
2001—Pub. L. 107–42, §201(b)(1)(A), inserted “, or reimburse insurance costs, as” after “insurance and reinsurance” in introductory provisions.
Par. (1). Pub. L. 107–42, §201(b)(1)(B), inserted “in the interest of air commerce or national security or” before “to carry out the foreign policy”.
Effective Date of 2003 Amendment
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
Effective Date of 2002 Amendment
Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.
Extension of Limitation of Air Carrier Liability
Pub. L. 109–289, div. B, title II, §21002(b), as added by Pub. L. 110–5, §2, Feb. 15, 2007, 121 Stat. 48, provided that subsec. (b) of this section would be applied by substituting “September 30, 2007” for “December 31, 2006”.
§44304. Reinsurance
To the extent the Secretary of Transportation is authorized to provide insurance under this chapter, the Secretary may reinsure any part of the insurance provided by an insurance carrier. The Secretary may reinsure with, transfer to, or transfer back to, the carrier any insurance or reinsurance provided by the Secretary under this chapter.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1169; Pub. L. 107–42, title II, §201(c), Sept. 22, 2001, 115 Stat. 235.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44304(a) | 49 App.:1535(a). | Aug. 23, 1958, Pub. L. 85–726, §1305, 72 Stat. 802; Nov. 9, 1977, Pub. L. 95–163, §4(a), 91 Stat. 1279. |
| 44304(b) | 49 App.:1535(b). |
In subsection (a), the words “may reinsure any part of the insurance provided by an insurance carrier” are substituted for “may reinsure, in whole or in part, any company authorized to do an insurance business” for clarity and consistency with source provisions restated in this subchapter and the definition of “insurance carrier” in section 44301 of the revised title. The words “transfer to, or transfer back to” are substituted for “cede or retrocede to” for clarity.
In subsection (b), the word “same” is omitted as being included in “similar”. The words “on account of the cost of” are omitted as surplus. The word “providing” is substituted for “rendered” and “furnished” because it is inclusive. The words “except for” are substituted for “but such allowance to the carrier shall not provide for” to eliminate unnecessary words.
Amendments
2001—Pub. L. 107–42 struck out subsec. (a) designation and heading “General Authority” and struck out subsec. (b) which read as follows:
“(b)
§44305. Insuring United States Government property
(a)
(1) insurance under this chapter, including insurance for risks from operating an aircraft in intrastate or interstate air commerce, but not including insurance on valuables subject to sections 17302 and 17303 of title 40; and
(2) insurance for risks arising from providing goods or services directly related to and necessary for operating an aircraft covered by insurance obtained under clause (1) of this subsection if the aircraft is operated—
(A) in carrying out a contract of the department, agency, or instrumentality; or
(B) to transport military forces or materiel on behalf of the United States under an agreement between the Government and the government of a foreign country.
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1170; Pub. L. 105–137, §3, Dec. 2, 1997, 111 Stat. 2640; Pub. L. 107–42, title II, §201(e), Sept. 22, 2001, 115 Stat. 236; Pub. L. 107–217, §3(n)(6), Aug. 21, 2002, 116 Stat. 1303.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44305 | 49 App.:1534. | Aug. 23, 1958, Pub. L. 85–726, §1304, 72 Stat. 802; Oct. 31, 1992, Pub. L. 102–581, §401(a), 106 Stat. 4897. |
In this section, the words “a department, agency, or instrumentality” are substituted for “Any department or agency” for clarity and consistency in the revised title and with other titles of the United States Code.
In subsection (a)(1), the words “obtain insurance under this chapter” are substituted for “procure from the Secretary any of the insurance provided under this subchapter” to eliminate unnecessary words. The words “overseas air commerce” are omitted for the reasons given in the revision note for section 40101.
In subsection (b), the words “or the head of a department, agency, or instrumentality designated by the President” are substituted for “and such other agencies as the President may prescribe” as being more precise and for consistency in the revised title. The words “when the Secretary of Defense or the designated head agrees” are substituted for “in consideration of” for clarity. The words “any designated head” are substituted for “the agreement of . . . such agency” and “such other agencies” for clarity and because of the restatement.
Amendments
2002—Subsec. (a)(1). Pub. L. 107–217 substituted “sections 17302 and 17303 of title 40” for “sections 1 and 2 of the Government Losses in Shipment Act (40 U.S.C. 721, 722)”.
2001—Subsec. (b). Pub. L. 107–42 substituted “44302(c)” for “44302(b)”.
1997—Subsec. (b). Pub. L. 105–137 inserted at end “If such an agreement is countersigned by the President or the President's designee, the agreement shall constitute, for purposes of section 44302(b), a determination that continuation of the aircraft operations to which the agreement applies is necessary to carry out the foreign policy of the United States.”
§44306. Premiums and limitations on coverage and claims
(a)
(b)
(c)
(d)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1170; Pub. L. 105–137, §2(b), Dec. 2, 1997, 111 Stat. 2640; Pub. L. 107–42, title II, §201(d), Sept. 22, 2001, 115 Stat. 235; Pub. L. 107–71, title I, §§124(b), 147, Nov. 19, 2001, 115 Stat. 631, 645; Pub. L. 107–296, title XII, §1203, Nov. 25, 2002, 116 Stat. 2287; Pub. L. 108–176, title I, §106(c), (e), Dec. 12, 2003, 117 Stat. 2499.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44306(a) | 49 App.:1532(b). | Aug. 23, 1958, Pub. L. 85–726, §1302(b), (c), 72 Stat. 801; restated Nov. 9, 1977, Pub. L. 95–163, §2, 91 Stat. 1279. |
| 44306(b) | 49 App.:1532(c). | |
| 44306(c) | 49 App.:1537(a) (last sentence less words between 2d and 3d commas). | Aug. 23, 1958, Pub. L. 85–726, §1307(a) (last sentence less words between 2d and 3d commas), 72 Stat. 804; Oct. 4, 1984, Pub. L. 98–443, §9(b), 98 Stat. 1706. |
In subsection (a), the words “To the extent” are substituted for “insofar as” for consistency.
In subsection (b), the word “initial” is omitted as surplus. The words “The period” are substituted for “Such insurance or reinsurance”, and the words “the President decides . . . that the continued operation of the aircraft to be insured or reinsured is necessary to carry out the foreign policy of the United States Government” are substituted for “the President makes the same determination with respect to such extension as he is required to make under paragraph (2) of subsection (a) of this section for the initial provision of such insurance or reinsurance”, for clarity.
In subsection (c), the words “or reinsured” are added for consistency. The words “to be paid in the event of total loss” are omitted as unnecessary because of the last sentence. The words “A claim under the policy may not be paid for more than that stated amount” are substituted for “the amount of any claim which is compromised, settled, adjusted, or paid shall in no event exceed such stated amount” to eliminate unnecessary words.
Amendments
2003—Subsec. (b). Pub. L. 108–176, §106(c), substituted “by the insurance carrier” for “by the air carrier”.
Subsec. (c). Pub. L. 108–176, §106(e), made technical correction to directory language of Pub. L. 107–71, §124(b). See 2001 Amendment note below.
2002—Subsec. (c). Pub. L. 107–296 made technical correction to directory language of Pub. L. 107–71, §147. See 2001 Amendment note below.
2001—Subsec. (b). Pub. L. 107–42, §201(d)(2), added subsec. (b). Former subsec. (b) redesignated (c).
Subsec. (c). Pub.L. 107–71, §147, as amended by Pub. L. 107–296, substituted “1 year” for “60 days” in two places.
Pub. L. 107–71, §124(b), as amended by Pub. L. 108–176, §106(e), inserted “in the interest of air commerce or national security or” before “to carry out the foreign policy”.
Pub. L. 107–42, §201(d)(1), redesignated subsec. (b) as (c). Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 107–42, §201(d)(1), redesignated subsec. (c) as (d).
1997—Subsec. (c). Pub. L. 105–137 substituted “as determined by the Secretary in accordance with reasonable business practices in the commercial aviation insurance industry.” for “as determined by the Secretary.”
Effective Date of 2003 Amendment
Amendment by section 106(c) of Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
Pub. L. 108–176, title I, §106(e), Dec. 12, 2003, 117 Stat. 2499, provided that the amendment made by section 106(e) is effective Nov. 19, 2001.
Effective Date of 2002 Amendment
Pub. L. 107–296, title XII, §1203, Nov. 25, 2002, 116 Stat. 2287, provided that the amendment made by section 1203 is effective Nov. 19, 2001.
§44307. Revolving fund
(a)
(2) Necessary amounts to carry out this chapter may be appropriated to the fund. The amounts appropriated and other amounts received in carrying out this chapter shall be deposited in the fund.
(b)
(c)
(d)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1170.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44307(a) | 49 App.:1536(a), (b). | Aug. 23, 1958, Pub. L. 85–726, §1306(a)–(d), 72 Stat. 803. |
| 44307(b) | 49 App.:1536(f). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1306(f); added Aug. 9, 1975, Pub. L. 94–90, §1(a), 89 Stat. 439. |
| 44307(c) | 49 App.:1536(c). | |
| 44307(d) | 49 App.:1536(d). |
In subsection (a)(1), the first sentence is added for clarity. The last sentence is substituted for 49 App.:1536(a) (last sentence) to eliminate unnecessary words and for consistency in the revised title.
In subsection (a)(2), the words “The amounts appropriated and other amounts received in carrying out this chapter” are substituted for “Moneys appropriated by Congress to carry out the provisions of this subchapter and all moneys received from premiums, salvage, or other recoveries and all receipts in connection with this subchapter” to eliminate unnecessary words.
In subsection (b), the words “any part” are substituted for “all or any part” to eliminate unnecessary words. The words “held in the revolving fund” are omitted as surplus. The words “deposited in” are substituted for “credited to and form a part of” for consistency.
In subsection (d), the words “The Secretary of Transportation shall deposit annually an amount in the Treasury” are substituted for “Annual payments shall be made by the Secretary to the Treasury of the United States”, the words “The deposited amount shall equal an amount determined by multiplying” are substituted for “These payments shall be computed by applying to”, and the words “a percentage that is at least the current average rate payable on marketable obligations of the Government” are substituted for “a percentage” and “Such percentage shall not be less than the current average rate which the Treasury pays on its marketable obligations”, for clarity.
§44308. Administrative
(a)
(b)
(2) For a claim under insurance authorized by this chapter, the Secretary may—
(A) settle and pay the claim made for or against the United States Government;
(B) pay the amount of a binding arbitration award made under paragraph (1); and
(C) pay the amount of a judgment entered against the Government.
(c)
(2) The Secretary may pay reasonable compensation to an underwriting agent for servicing insurance the agent writes for the Secretary. Compensation may include payment for reasonable expenses incurred by the agent but may not include a payment by the agent for stimulation or solicitation of insurance business.
(3) Except as provided by this subsection, the Secretary may not pay an insurance broker or other person acting in a similar capacity any consideration for arranging insurance when the Secretary directly insures any part of the risk.
(d)
(e)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1171; Pub. L. 104–316, title I, §127(e), Oct. 19, 1996, 110 Stat. 3840; Pub. L. 105–137, §4, Dec. 2, 1997, 111 Stat. 2640.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44308(a) | 49 App.:1537(c) (1st sentence). | Aug. 23, 1958, Pub. L. 85–726, §1307(a) (1st sentence), (c), (d), 72 Stat. 803, 804. |
| 44308(b)(1) | 49 App.:1537(a) (1st sentence words before 6th comma). | |
| 49 App.:1537(b). | Aug. 23, 1958, Pub. L. 85–726, §1307(b), 72 Stat. 804; Nov. 9, 1977, Pub. L. 95–163, §5(a), 91 Stat. 1280. | |
| 44308(b)(2) | 49 App.:1537(a) (1st sentence words after 6th comma). | |
| 44308(c)(1) | 49 App.:1537(d) (1st, 3d sentences). | |
| 44308(c)(2) | 49 App.:1537(d) (2d, last sentences). | |
| 44308(c)(3) | 49 App.:1537(c) (last sentence). | |
| 44308(d) | 49 App.:1537(f) (1st sentence). | Aug. 23, 1958, Pub. L. 85–726, §1307(f), 72 Stat. 804; Jan. 2, 1975, Pub. L. 93–604, §702, 88 Stat. 1964. |
| 44308(e) | 49 App.:1537(f) (last sentence). |
In subsection (a), the words “may carry out this chapter” are substituted for “in administering this subchapter, may exercise his powers, perform his duties and functions, and make his expenditures” to eliminate unnecessary words.
In subsection (b)(1), the word “insurance” is added for clarity. The words “rules, and regulations” are omitted as unnecessary because of 49:322(a). The words “as he deems proper” and “subject to the following provisions of this subsection” are omitted as surplus. The words “and change” and “fix, adjust, and change” are omitted as being included in “prescribe”. The words “under the policies” are added for clarity. The word “charged” is substituted for “provided for in this subchapter” for consistency in this subchapter.
In subsection (b)(2), before clause (A), the words “the Secretary” are added because of the restatement. In clause (A), the words “adjust and . . . losses, compromise and” are omitted as included in “settle and pay the claim”. The word “made” is substituted for “whether” for clarity. In clause (B), the word “entered” is substituted for “rendered” because it is more appropriate. The words “in any suit” are omitted as surplus. The words “or the amount of any settlement agreed upon” are omitted as being included in “settle and pay the claim”.
In subsection (c)(1), the words “and when practical shall” are substituted for “and whenever he finds it practical to do so shall” to eliminate unnecessary words. The word “his” is omitted as surplus. The words “The Secretary may use” are substituted for “may be utilized” for consistency. The words “The services of” are omitted as unnecessary.
In subsection (c)(2), the words “pay reasonable compensation” are substituted for “allow . . . fair and reasonable compensation” for consistency in the revised title. The words “an underwriting agent” are substituted for “such companies or groups of companies”, and the words “the agent writes” are substituted for “written by such companies or groups of companies as underwriting agent”, for clarity. The word “payment” is substituted for “allowance” for consistency.
In subsection (c)(3), the words “intermediary” and “fee or other” are omitted as surplus. The word “for” is substituted for “by virtue of his participation in” to eliminate unnecessary words.
In subsection (d), the word “prepare” is omitted as being included in “submit”. The words “for carrying out this chapter” are substituted for “in the performance of, and with respect to, the functions, powers, and duties vested in him by this subchapter” for consistency and to eliminate unnecessary words. The words “under chapter 91 of title 31” are substituted for “by the Government Corporation Control Act, as amended (59 Stat. 597; 31 U.S.C. 841)” in section 1307(f) of the Act of August 23, 1958 (Public Law 85–726, 72 Stat. 804) because of section 4(b) of the Act of September 13, 1982 (Public Law 97–258, 96 Stat. 1067).
In subsection (e), the words “under chapter 35 of title 31” are substituted for “in accordance with the provisions of the Accounting and Auditing Act of 1950” in section 1307(f) of the Act of August 23, 1958 (Public Law 85–726, 72 Stat. 804) because of section 4(b) of the Act of September 13, 1982 (Public Law 97–258, 96 Stat. 1067). The words “Provided, That . . . the Secretary may exercise the powers conferred in said subchapter, perform the duties and functions” are omitted as surplus. The words “Notwithstanding chapter 35” are added for clarity. The words “Comptroller General” are substituted for “General Accounting Office” because of 31:702.
Amendments
1997—Subsec. (b)(1). Pub. L. 105–137, §4(a), inserted after second sentence “Any such policy may authorize the binding arbitration of claims made thereunder in such manner as may be agreed to by the Secretary and any commercial insurer that may be responsible for any part of a loss to which such policy relates.”
Subsec. (b)(2). Pub. L. 105–137, §4(b), struck out “and” at end of subpar. (A), added subpar. (B), and redesignated former subpar. (B) as (C).
1996—Subsec. (e). Pub. L. 104–316 substituted “for audit” for “. The Comptroller General shall audit those accounts”.
§44309. Civil actions
(a)
(1)
(A) a loss insured under this chapter is in dispute; or
(B)(i) the person is subrogated under a contract between the person and a party insured under this chapter (other than section 44305(b)) to the rights of the insured party against the United States Government; and
(ii) the person has paid to the insured party, with the approval of the Secretary of Transportation, an amount for a physical damage loss that the Secretary has determined is a loss covered by insurance issued under this chapter (other than section 44305(b)).
(2)
(3)
(b)
(2) An interested person may be joined as a party to a civil action brought under subsection (a) of this section initially or on motion of either party to the action.
(c)
(d)
(2) The district court may order a party not residing or found in the judicial district in which the action is brought to appear in a civil action under this subsection. The order shall be served in a reasonable manner decided by the district court. If the court decides an unknown person might assert a claim under the insurance that is the subject of the action, the court may order service on that person by publication in the Federal Register.
(3) Judgment in a civil action under this subsection discharges the Government from further liability to the parties to the action and to all other persons served by publication under paragraph (2) of this subsection.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1172; Pub. L. 105–277, div. C, title I, §110(c)(1), Oct. 21, 1998, 112 Stat. 2681–587.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44309(a) | 49 App.:1540 (1st sentence less 19th–70th words, 3d sentence). | Aug. 23, 1958, Pub. L. 85–726, §1310, 72 Stat. 805. |
| 44309(b)(1) | 49 App.:1540 (1st sentence 19th–70th words, 2d sentence). | |
| 44309(b)(2) | 49 App.:1540 (4th sentence). | |
| 44309(c) | 49 App.:1540 (last sentence). | |
| 44309(d) | 49 App.:1540 (5th–8th sentences). |
In subsection (a), the words “A person may bring” are substituted for “may be maintained” for clarity. The words “a civil action” are substituted for “suit” because of rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). The words “A civil action . . . (except the action authorized by this subsection) may not be brought” are substituted for “and this remedy shall be exclusive of any other action”, and the words “involving the” are substituted for “by reason of”, for clarity. The words “carrying out this chapter” are substituted for “employed or retained under this subchapter”, and the words “in an action” are substituted for “for suits in the district courts”, for consistency. The words “applies to” are substituted for “shall otherwise be the same as that provided for” to eliminate unnecessary words. The words “an action under this subsection” are substituted for “such suits” for consistency.
In subsection (b)(1), the words “A civil action under subsection (a) of this section may be brought” are added for clarity. The words “the plaintiff or the agent of the plaintiff resides” are substituted for “the claimant or his agent resides” for consistency in the revised title. The words “if the plaintiff resides in the United States” are added for clarity. The words “notwithstanding the amount of the claim” are omitted as obsolete because jurisdiction under 28:1331 no longer depends on the amount of the claim. The words “and any provision of existing law as to the jurisdiction of United States district courts” are omitted as obsolete.
In subsection (b)(2), the words “interested person” are substituted for “All persons having or claiming or who might have an interest in such insurance” to eliminate unnecessary words. The word “either” is omitted as surplus. The words “to a civil action brought under subsection (a) of this section” are added for clarity.
In subsection (c), the words “during which, under section 2401 of title 28, a civil action must be brought under subsection (a) of this section” are substituted for “within which suits may be commenced contained in section 2401 of title 28 providing for bringing of suits against the United States” for clarity. The words “from such time of filing” are omitted as surplus. The words “60 days after the Secretary of Transportation denies the claim” are substituted for “the claim shall have been administratively denied by the Secretary and for sixty days thereafter” for clarity.
In subsection (d)(1), the words “a civil action of interpleader” are substituted for “an action in the nature of a bill of interpleader” because of the Federal Rules of Civil Procedure (28 App. U.S.C.). The words “persons that may be entitled to payment” are substituted for “such parties” for clarity.
In subsection (d)(2), the words “in which the action is brought” are added for clarity. The words “The order shall be” are added because of the restatement. The words “the court may order service on that person” are substituted for “it may direct service upon such persons unknown” as being more precise.
In subsection (d)(3), the words “in a civil action under this subsection” are substituted for “in any such suit” for clarity.
Amendments
1998—Subsec. (a). Pub. L. 105–277 amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: “A person may bring a civil action in a district court of the United States against the United States Government when a loss insured under this chapter is in dispute. A civil action involving the same matter (except the action authorized by this subsection) may not be brought against an agent, officer, or employee of the Government carrying out this chapter. To the extent applicable, the procedure in an action brought under section 1346(a)(2) of title 28 applies to an action under this subsection.”
§44310. Ending effective date
The authority of the Secretary of Transportation to provide insurance and reinsurance under this chapter is not effective after March 30, 2008.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1173; Pub. L. 105–85, div. A, title X, §1088(a), Nov. 18, 1997, 111 Stat. 1921; Pub. L. 105–137, §5(a), Dec. 2, 1997, 111 Stat. 2641; Pub. L. 105–277, div. C, title I, §110(c)(2), Oct. 21, 1998, 112 Stat. 2681–588; Pub. L. 106–6, §6, Mar. 31, 1999, 113 Stat. 10; Pub. L. 106–31, title VI, §6002(f), May 21, 1999, 113 Stat. 113; Pub. L. 106–181, title VII, §711, Apr. 5, 2000, 114 Stat. 160; Pub. L. 108–11, title IV, §4001(c), Apr. 16, 2003, 117 Stat. 606; Pub. L. 108–176, title I, §106(d), Dec. 12, 2003, 117 Stat. 2499.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44310 | 49 App.:1542. | Aug. 23, 1958, Pub. L. 85–726, §1312, 72 Stat. 806; July 20, 1961, Pub. L. 87–89, 75 Stat. 210; June 13, 1966, Pub. L. 89–447, 80 Stat. 199; Sept. 8, 1970, Pub. L. 91–399, 84 Stat. 837; Aug. 9, 1975, Pub. L. 94–90, §2, 89 Stat. 439; July 31, 1976, Pub. L. 94–374, 90 Stat. 1065; Nov. 9, 1977, Pub. L. 95–163, §6, 91 Stat. 1280; Oct. 14, 1982, Pub. L. 97–309, §3, 96 Stat. 1453; Oct. 30, 1987, Pub. L. 100–148, 101 Stat. 878; Oct. 31, 1992, Pub. L. 102–581, §402, 106 Stat. 4897. |
The words “is not effective after” are substituted for “shall expire at the termination of” for clarity and consistency in the revised title.
Amendments
2003—Pub. L. 108–176 substituted “March 30, 2008” for “December 31, 2004”.
Pub. L. 108–11, substituted “2004” for “2003”.
2000—Pub. L. 106–181 substituted “after December 31, 2003.” for “after August 6, 1999.”
1999—Pub. L. 106–31 substituted “August 6, 1999” for “May 31, 1999”.
Pub. L. 106–6 substituted “May” for “March”.
1998—Pub. L. 105–277 substituted “March 31, 1999” for “December 31, 1998”.
1997—Pub. L. 105–137 substituted “December 31, 1998” for “September 30, 2002”.
Pub. L. 105–85 substituted “September 30, 2002” for “September 30, 1997”.
Effective Date of 2003 Amendment
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
Effective Date of 1997 Amendments
Pub. L. 105–137, §5(b), Dec. 2, 1997, 111 Stat. 2641, provided that: “The amendment made by subsection (a) [amending this section] takes effect on October 1, 1997.”
Pub. L. 105–85, div. A, title X, §1088(b), Nov. 18, 1997, 111 Stat. 1921, provided that: “This section [amending this section] shall take effect as of September 30, 1997.”
Continuation of Aviation Insurance Laws
Pub. L. 102–581, title IV, §404, Oct. 31, 1992, 106 Stat. 4898, provided that: “Notwithstanding any other provision of law, the provisions of title XIII of the Federal Aviation Act of 1958 [now this chapter] and all insurance policies issued by the Secretary of Transportation under such title, as in effect on September 30, 1992, shall be treated as having continued in effect until the date of the enactment of this Act [Oct. 31, 1992].”
CHAPTER 445—FACILITIES, PERSONNEL, AND RESEARCH
Amendments
2003—Pub. L. 108–176, title I, §183(b), Dec. 12, 2003, 117 Stat. 2517, added item 44517.
2000—Pub. L. 106–181, title VII, §713(c), Apr. 5, 2000, 114 Stat. 161, added item 44516.
§44501. Plans and policy
(a)
(b)
(1) for a 10-year period, the research, engineering, and development programs and the facilities and equipment that the Administrator considers necessary for a system of airways, air traffic services, and navigation aids that will—
(A) meet the forecasted needs of civil aeronautics;
(B) meet the requirements that the Secretary of Defense establishes for the support of the national defense; and
(C) provide the highest degree of safety in air commerce;
(2) for the first and 2d years of the plan, detailed annual estimates of—
(A) the number, type, location, and cost of acquiring, operating, and maintaining required facilities and services;
(B) the cost of research, engineering, and development required to improve safety, system capacity, and efficiency; and
(C) personnel levels required for the activities described in subclauses (A) and (B) of this clause;
(3) for the 3d, 4th, and 5th years of the plan, estimates of the total cost of each major program for the 3-year period, and additional major research programs, acquisition of systems and facilities, and changes in personnel levels that may be required to meet long range objectives and that may have significant impact on future funding requirements; and
(4) a 10-year investment plan that considers long range objectives that the Administrator considers necessary to—
(A) ensure that safety is given the highest priority in providing for a safe and efficient airway system; and
(B) meet the current and projected growth of aviation and the requirements of interstate commerce, the United States Postal Service, and the national defense.
(c)
(2)(A) The plan shall describe, for a 5-year period, the research, engineering, and development that the Administrator of the Federal Aviation Administration considers necessary—
(i) to ensure the continued capacity, safety, and efficiency of aviation in the United States, considering emerging technologies and forecasted needs of civil aeronautics; and
(ii) to provide the highest degree of safety in air travel.
(B) The plan shall—
(i) provide estimates by year of the schedule, cost, and work force levels for each active and planned major research and development project under sections 40119, 44504, 44505, 44507, 44509, 44511–44513, and 44912 of this title, including activities carried out under cooperative agreements with other Federal departments and agencies;
(ii) specify the goals and the priorities for allocation of resources among the major categories of research and development activities, including the rationale for the priorities identified;
(iii) identify the allocation of resources among long-term research, near-term research, and development activities;
(iv) identify the individual research and development projects in each funding category that are described in the annual budget request;
(v) highlight the research and development activities that address specific recommendations of the research advisory committee established under section 44508 of this title, and document the recommendations of the committee that are not accepted, specifying the reasons for nonacceptance; and
(vi) highlight the research and development technology transfer activities that promote technology sharing among government, industry, and academia through the Stevenson-Wydler Technology Innovation Act of 1980.
(3) Subject to section 40119(b) of this title and regulations prescribed under section 40119(b), the Administrator of the Federal Aviation Administration shall submit to the committees named in paragraph (1) of this subsection an annual report on the accomplishments of the research completed during the prior fiscal year, including a description of the dissemination to the private sector of research results and a description of any new technologies developed. The report shall be submitted with the plan required under paragraph (1) and be organized to allow comparison with the plan in effect for the prior fiscal year. The report shall be prepared in accordance with requirements of section 1116 of title 31.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1173; Pub. L. 104–264, title XI, §1105, Oct. 9, 1996, 110 Stat. 3279; Pub. L. 104–287, §5(74), Oct. 11, 1996, 110 Stat. 3396; Pub. L. 106–181, title IX, §902(a), Apr. 5, 2000, 114 Stat. 195.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44501(a) | 49 App.:1353(a). | Aug. 23, 1958, Pub. L. 85–726, §312(a), 72 Stat. 752. |
| 49 App.:1655(c)(1). | Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444. | |
| 44501(b) | 49 App.:2203(b). | Sept. 3, 1982, Pub. L. 97–248, §504(b), 96 Stat. 675; Nov. 5, 1990, Pub. L. 101–508, §9105(a), 104 Stat. 1388–355; Oct. 31, 1992, Pub. L. 102–581, §114, 106 Stat. 4881. |
| 44501(c) | 49 App.:1353(d). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §312(d); added Nov. 3, 1988, Pub. L. 100–591, §4(a), 102 Stat. 3011. |
In subsection (a), the word “Administrator” in section 312(a) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 752) is retained on authority of 49:106(g). The words “air navigation facilities” are substituted for “landing areas, Federal airways, radar installations and all other aids and facilities for air navigation” because of the definition of “air navigation facility” in section 40102(a) of the revised title. The words “the armed forces” are substituted for “military agencies” because of 10:101.
In subsection (b), before clause (1), the words “the requirements of” are omitted as surplus. The text of 49 App.:2203(b) (1st sentence) is omitted as executed. The words “thereafter” and “For fiscal year 1991 and thereafter” are omitted as obsolete. In clauses (2)(C) and (3), the word “personnel” is substituted for “manpower” for consistency in the revised title. In clause (2)(C), the word “all” is omitted as surplus.
In subsection (c), before clause (1), the word “completed” is omitted as surplus.
In subsection (d)(1), the words “review, revise” are omitted as surplus. The word “annually” is substituted for “for fiscal year 1990, and for each fiscal year thereafter” to eliminate obsolete language.
In subsection (d)(2)(B), before clause (i), the words “an appropriation” are substituted for “funding”, and in clause (ii), the word “appropriations” is substituted for “funding”, for clarity and consistency in the revised title and with other titles of the United States Code.
In subsection (d)(3), the words “beginning with the date of transmission of the first aviation research plan as required by paragraph (1)” are omitted as obsolete.
References in Text
The Stevenson-Wydler Technology Innovation Act of 1980, referred to in subsec. (c)(2)(B)(vi), is Pub. L. 96–480, Oct. 21, 1980, 94 Stat. 2311, as amended, which is classified generally to chapter 63 (§3701 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 3701 of Title 15 and Tables.
Amendments
2000—Subsec. (c)(2)(B)(iv) to (vi). Pub. L. 106–181, §902(a)(1), added cls. (iv) and (vi) and redesignated former cl. (iv) as (v).
Subsec. (c)(3). Pub. L. 106–181, §902(a)(2), inserted at end “The report shall be prepared in accordance with requirements of section 1116 of title 31.”
1996—Subsec. (c)(1). Pub. L. 104–287 substituted “Committee on Science” for “Committee on Science, Space, and Technology”.
Subsec. (c)(2)(A). Pub. L. 104–264, §1105(1), substituted “5-year period” for “15-year period”.
Subsec. (c)(2)(B). Pub. L. 104–264, §1105(2), amended subpar. (B) generally. Prior to amendment, subpar. (B) set out the requirements for research plans including specific requirements for the first two years of the plan, for the 3rd, 4th, and 5th years, and for the 6th and subsequent years.
Subsec. (c)(3). Pub. L. 104–264, §1105(3), inserted “, including a description of the dissemination to the private sector of research results and a description of any new technologies developed” after “during the prior fiscal year”.
Change of Name
Committee on Science of House of Representatives changed to Committee on Science and Technology of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
Effective Date of 1996 Amendment
Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title.
§44502. General facilities and personnel authority
(a)
(A) acquire, establish, improve, operate, and maintain air navigation facilities; and
(B) provide facilities and personnel to regulate and protect air traffic.
(2) The cost of site preparation work associated with acquiring, establishing, or improving an air navigation facility under paragraph (1)(A) of this subsection shall be charged to amounts available for that purpose appropriated under section 48101(a) of this title. The Secretary of Transportation may make an agreement with an airport owner or sponsor (as defined in section 47102 of this title) so that the owner or sponsor will provide the work and be paid or reimbursed by the Secretary from the appropriated amounts.
(3) The Secretary of Transportation may authorize a department, agency, or instrumentality of the United States Government to carry out any duty or power under this subsection with the consent of the head of the department, agency, or instrumentality.
(4)
(A)
(B)
(5)
(A) the improvements primarily benefit the Government;
(B) the improvements are essential for accomplishment of the mission of the Federal Aviation Administration; and
(C) the interest of the United States Government in the improvements is protected.
(b)
(c)
(2) To ensure conformity, an airport or landing area not involving the expenditure of Government money may be established or constructed, or a runway may be altered substantially, only if the Administrator of the Federal Aviation Administration is given reasonable prior notice so that the Administrator may provide advice on the effects of the establishment, construction, or alteration on the use of airspace by aircraft.
(d)
(2) The head of a department, agency, or instrumentality of the Government having jurisdiction over an airport or emergency landing field owned or operated by the Government may provide, under regulations the head of the department, agency, or instrumentality prescribes, for assistance, and the sale of fuel, oil, equipment, and supplies, to an aircraft, but only when necessary, because of an emergency, to allow the aircraft to continue to the nearest airport operated by private enterprise. The head of the department, agency, or instrumentality shall provide for the assistance and sale at the prevailing local fair market value as determined by the head of the department, agency, or instrumentality. An amount that the head decides is equal to the cost of the assistance provided and the fuel, oil, equipment, and supplies sold shall be credited to the appropriation from which the cost was paid. The balance shall be credited to miscellaneous receipts.
(e)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1175; Pub. L. 103–305, title I, §120(a), Aug. 23, 1994, 108 Stat. 1581; Pub. L. 103–429, §6(54), Oct. 31, 1994, 108 Stat. 4385; Pub. L. 104–287, §5(75), Oct. 11, 1996, 110 Stat. 3396; Pub. L. 106–181, title I, §153, title VII, §712, Apr. 5, 2000, 114 Stat. 87, 160.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44502(a)(1) | 49 App.:1348(b) (1st sentence less cl. (3)). | Aug. 23, 1958, Pub. L. 85–726, §307(b) (1st sentence less cl. (3), 2d sentence), 72 Stat. 750; Jan. 12, 1983, Pub. L. 97–449, §4(c), 96 Stat. 2442. |
| 49 App.:1655(c)(1). | Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444. | |
| 44502(a)(2) | 49 App.:2205(a)(3). | Sept. 3, 1982, Pub. L. 97–248, §506(a)(3), 96 Stat. 677; Dec. 30, 1987, Pub. L. 100–223, §105(a)(1), (g)(1), 101 Stat. 1489, 1494. |
| 44502(a)(3) | 49 App.:1348(b) (2d sentence). | |
| 44502(b) | 49 App.:1349(a) (1st, 2d sentences). | Aug. 23, 1958, Pub. L. 85–726, §§308(a) (1st, 2d sentences), (b), 309, 1107, 72 Stat. 750, 751, 798. |
| 49 App.:1655(c)(1). | ||
| 44502(c)(1) | 49 App.:1349(b). | |
| 49 App.:1655(c)(1). | ||
| 44502(c)(2) | 49 App.:1350. | |
| 49 App.:1655(c)(1). | ||
| 44502(d) | 49 App.:1507. | |
| 44502(e) | 49 App.:1743. | Aug. 11, 1959, Pub. L. 86–154, 73 Stat. 333. |
| 44502(f) | 49 App.:2205 (notes). | Nov. 21, 1989, Pub. L. 101–164, §331, 103 Stat. 1097. |
| Nov. 5, 1990, Pub. L. 101–516, §324, 104 Stat. 2182. | ||
| Oct. 28, 1991, Pub. L. 102–143, §324, 105 Stat. 943. | ||
| Oct. 6, 1992, Pub. L. 102–388, §324, 106 Stat. 1547. |
In this section, the words “department, agency, or instrumentality of the United States Government” are substituted for “Federal department or agency” in 49 App.:1348(b), “agencies” in 49 App.:1349(b), and “department or other agency” and “Government department or other agency” in 49 App.:1507 for consistency in the revised title and with other titles of the United States Code.
In subsections (a)(1), (b), and (c), the word “Administrator” in sections 303(c) (1st sentence), 307(b), 308(a) (1st and 2d sentences) and (b), and 309 of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 750, 751) is retained on authority of 49:106(g).
In subsection (a)(1), before clause (A), the words “within the limits of available appropriations made by the Congress” are omitted as surplus. In clause (A), the words “wherever necessary” are omitted as surplus. In clause (B), the word “necessary” is omitted as surplus.
In subsection (a)(2), the words “by the Secretary” and “to the Secretary” are omitted as surplus. The last sentence is substituted for 49 App.:2205(a)(3) (last sentence) to eliminate unnecessary words.
In subsection (a)(3), the words “subject to such regulations, supervision, and review as he may prescribe” are omitted because of 49:322(a). The words “from time to time make such provision as he shall deem appropriate” are omitted as surplus. The words “duty or power” are substituted for “function” for consistency in the revised title and with other titles of the Code. The words “the head of” are added for clarity and consistency.
In subsection (b), the words “(whether or not in cooperation with State or other local governmental agencies)” and “thereon” are omitted as surplus. The words “landing area” are omitted as being included in the definition of “air navigation facility” in section 40102(a) of the revised title. The words “recommendation and” are omitted as surplus. The words “under regulations prescribed by him” are omitted because of 49:322(a). The word “proposed” is omitted as surplus. The word “acquired” is added for consistency in this subsection.
In subsection (c)(1), the words “In order”, “layout”, and “In case of . . . the matter” are omitted as surplus. The words “Secretary of Defense” are substituted for “Department of Defense” because of 10:133(a). The words “the Administrator of” are added because of 42:2472(a).
In subsection (c)(2), the word “layout” is omitted as surplus. The words “pursuant to regulations prescribed by him” are omitted because of 49:322(a). The words “the establishment, building, or alteration” are substituted for “such construction” for clarity and consistency in this section.
In subsection (d)(1), the words “under such conditions and to such extent as . . . deems advisable and” are omitted as surplus. The word “provide” is substituted for “be made available”, and the words “of the facility” are added, for clarity.
In subsection (d)(2), the words “All amounts received under this subsection shall be covered into the Treasury” are omitted because of 31:3302(b). The words “services, shelter . . . other” and “if any” are omitted as surplus.
In subsection (e), the words “or compact” are omitted as surplus. The words “or States” are omitted because of 1:1. The text of 49 App.:1743 (last sentence) is omitted as surplus.
In subsection (f), the words “Notwithstanding any other provision of law” and “thereafter” are omitted as surplus.
Pub. L. 103–429
This amends 49:44502(b) to clarify the restatement of 49 App.:1349(a) (1st, 2d sentences) by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1175).
Pub. L. 104–287, §5(75)(A)
This amends 49:44502(c)(1) to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1175).
Pub. L. 104–287, §5(75)(B)
This strikes 49:44502(e) and redesignates 49:44502(f) as 49:44502(e) because of the restatement of former 49:44502(e) as 49:40121.
Amendments
2000—Subsec. (a)(4)(B). Pub. L. 106–181, §153, substituted “each of fiscal years 2000 through 2002” for “each of fiscal years 1995 and 1996” and inserted “under new or existing contracts” after “including acquisition”.
Subsec. (a)(5). Pub. L. 106–181, §712, added par. (5).
1996—Subsec. (c)(1). Pub. L. 104–287, §5(75)(A), substituted “To ensure” for “To ensure that”.
Subsecs. (e), (f). Pub. L. 104–287, §5(75)(B), redesignated subsec. (f) as (e) and struck out former subsec. (e) which read as follows:
“(e)
1994—Subsec. (a)(4). Pub. L. 103–305 added par. (4).
Subsec. (b). Pub. L. 103–429 inserted “Government” before “money may be expended”.
Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
Pilot Program for Innovative Financing of Air Traffic Control Equipment
Pub. L. 108–176, title I, §182, Dec. 12, 2003, 117 Stat. 2515, provided that:
“(a)
“(b)
“(c)
“(d)
“(e)
“(f)
Enhanced Vision Technologies
Pub. L. 106–181, title I, §124, Apr. 5, 2000, 114 Stat. 75, provided that:
“(a)
“(b)
“(c)
Transfer by Airports of Instrument Landing Systems and Associated Equipment to Federal Aviation Administration
Pub. L. 109–115, div. A, title I, §101, Nov. 30, 2005, 119 Stat. 2401, which provided that airports may transfer to the Federal Aviation Administration (FAA) instrument landing systems (along with associated approach lighting equipment and runway visual range equipment) which conform to FAA design and performance specifications, the purchase of which was assisted by a Federal airport-aid program, airport development aid program or airport improvement program grant, provided that the FAA accept such equipment and operate and maintain it in accordance with agency criteria, was from the Transportation, Treasury, Housing and Urban Development, the Judiciary, and Independent Agencies Appropriations Act, 2006, and was not repeated in subsequent appropriation acts. Similar provisions were contained in the following prior appropriation acts:
Pub. L. 108–447, div. H, title I, §101, Dec. 8, 2004, 118 Stat. 3203.
Pub. L. 108–199, div. F, title I, §101, Jan. 23, 2004, 118 Stat. 284.
Pub. L. 108–7, div. I, title III, §313, Feb. 20, 2003, 117 Stat. 410.
Pub. L. 107–87, title III, §313, Dec. 18, 2001, 115 Stat. 858.
Pub. L. 106–346, §101(a) [title III, §314], Oct. 23, 2000, 114 Stat. 1356, 1356A–27.
Pub. L. 106–69, title III, §314, Oct. 9, 1999, 113 Stat. 1018.
Pub. L. 105–277, div. A, §101(g) [title III, §314], Oct. 21, 1998, 112 Stat. 2681–439, 2681–468.
Pub. L. 105–66, title III, §314, Oct. 27, 1997, 111 Stat. 1443.
Pub. L. 104–205, title III, §314, Sept. 30, 1996, 110 Stat. 2971.
Pub. L. 104–50, title III, §317, Nov. 15, 1995, 109 Stat. 455.
Pub. L. 103–331, title III, §317, Sept. 30, 1994, 108 Stat. 2491, repealed by Pub. L. 104–287, §7(4), Oct. 11, 1996, 110 Stat. 3400.
Cost Savings Associated With Purchase
Section 120(b) of Pub. L. 103–305 provided that: “Notwithstanding other provisions of law or regulations to the contrary, the Administrator [of the Federal Aviation Administration] shall establish, within 120 days after the date of the enactment of this Act [Aug. 23, 1994], a process through which airport sponsors may take advantage of cost savings associated with the purchase and installation of instrument landing systems, along with associated equipment, under existing or future Federal Aviation Administration contracts. The process established by the Administrator may provide for the direct reimbursement (including administrative costs) of the Administrator by an airport sponsor using grants funds under subchapter I of chapter 471 of subtitle VII of title 49, United States Code, relating to airport improvement, for the ordering of such equipment and installation or for the direct ordering of such equipment and installation by an airport sponsor, using such grant funds, from the suppliers with which the Administrator has contracted.”
Grandfather Provision for FAA Demonstration Project
Pub. L. 103–260, title IV, §401, May 26, 1994, 108 Stat. 702, provided that:
“(a)
“(b)
“(1)
“(A) any increase under section 5303 of title 5, United States Code;
“(B) any increase in locality-based comparability payments under section 5304 of such title 5 (except if, or to the extent that, such increase is offset by a reduction of an interim geographic adjustment under section 302 of the Federal Employees Pay Comparability Act of 1990 (5 U.S.C. 5304 note));
“(C) any establishment or increase in a special rate of pay under section 5305 of such title 5;
“(D) any increase in basic pay pursuant to a promotion under section 5334 of such title 5;
“(E) any periodic step-increase under section 5335 of such title 5;
“(F) any additional step-increase under section 5336 of such title 5; and
“(G) any other increase in annual rate of basic pay under any other provision of law.
“(2)
“(c)
“(1) the amount of such allowance is reduced to zero under subsection (b), or
“(2) the employee separates or moves to a position in which the employee would not, prior to June 17, 1994, have been entitled to receive an allowance under the demonstration project,
whichever is earlier.
“(d)
“(e)
§44503. Reducing nonessential expenditures
The Secretary of Transportation shall attempt to reduce the capital, operating, maintenance, and administrative costs of the national airport and airway system to the maximum extent practicable consistent with the highest degree of aviation safety. At least annually, the Secretary shall consult with and consider the recommendations of users of the system on ways to reduce nonessential expenditures of the United States Government for aviation. The Secretary shall give particular attention to a recommendation that may reduce, with no adverse effect on safety, future personnel requirements and costs to the Government required to be recovered from user charges.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1176.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44503 | 49 App.:1704. | July 12, 1976, Pub. L. 94–353, §25, 90 Stat. 885. |
The words “in accordance with this section” and “due” are omitted as surplus. The word “personnel” is substituted for “manpower” for consistency in the revised title.
§44504. Improved aircraft, aircraft engines, propellers, and appliances
(a)
(b)
(1) to develop technologies and analyze information to predict the effects of aircraft design, maintenance, testing, wear, and fatigue on the life of aircraft, including nonstructural aircraft systems, and air safety;
(2) to develop methods of analyzing and improving aircraft maintenance technology and practices, including nondestructive evaluation of aircraft structures;
(3) to assess the fire and smoke resistance of aircraft material;
(4) to develop improved fire and smoke resistant material for aircraft interiors;
(5) to develop and improve fire and smoke containment systems for inflight aircraft fires;
(6) to develop advanced aircraft fuels with low flammability and technologies that will contain aircraft fuels to minimize post-crash fire hazards; and
(7) to develop technologies and methods to assess the risk of and prevent defects, failures, and malfunctions of products, parts, processes, and articles manufactured for use in aircraft, aircraft engines, propellers, and appliances that could result in a catastrophic failure of an aircraft.
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1176; Pub. L. 106–181, title IX, §904, Apr. 5, 2000, 114 Stat. 196.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44504(a) | 49 App.:1353(b) (1st sentence). | Aug. 23, 1958, Pub. L. 85–726, §312(b) (1st, last sentences), 72 Stat. 752. |
| 49 App.:1655(c)(1). | Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444. | |
| 44504(b) | 49 App.:1353(b) (2d sentence). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §312(b) (2d sentence); added Nov. 3, 1988, Pub. L. 100–591, §2, 102 Stat. 3011; Nov. 5, 1990, Pub. L. 101–508, §9208(a), 104 Stat. 1388–376. |
| 44504(c) | 49 App.:1353(b) (last sentence) | |
| 49 App.:1655(c)(1). |
In this section, the word “Administrator” in section 312(b) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 752) is retained on authority of 49:106(g).
In subsection (a), the words “to improve” are substituted for “such . . . as tends to the creation of improved” to eliminate unnecessary words.
Amendments
2000—Subsec. (b)(1). Pub. L. 106–181 inserted “, including nonstructural aircraft systems,” after “life of aircraft”.
Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
FAA Center for Excellence for Applied Research and Training in the Use of Advanced Materials in Transport Aircraft
Pub. L. 108–176, title VII, §708, Dec. 12, 2003, 117 Stat. 2582, provided that:
“(a)
“(1) promote and facilitate collaboration among academia, the Federal Aviation Administration's Transportation Division, and the commercial aircraft industry, including manufacturers, commercial air carriers, and suppliers; and
“(2) establish goals set to advance technology, improve engineering practices, and facilitate continuing education in relevant areas of study.
“(b)
Rotorcraft Research and Development Initiative
Pub. L. 108–176, title VII, §711, Dec. 12, 2003, 117 Stat. 2585, provided that:
“(a)
“(1) 80 percent reduction in noise levels on takeoff and on approach and landing as perceived by a human observer.
“(2) Factor of 10 reduction in vibration.
“(3) 30 percent reduction in empty weight.
“(4) Predicted accident rate equivalent to that of fixed-wing aircraft in commercial service within 10 years after the date of the enactment of this Act.
“(5) Capability for zero-ceiling, zero-visibility operations.
“(b)
Specialty Metals Consortium
Pub. L. 106–181, title VII, §742, Apr. 5, 2000, 114 Stat. 175, provided that:
“(a)
“(b)
§44505. Systems, procedures, facilities, and devices
(a)
(A) develop, alter, test, and evaluate systems, procedures, facilities, and devices, and define their performance characteristics, to meet the needs for safe and efficient navigation and traffic control of civil and military aviation, except for needs of the armed forces that are peculiar to air warfare and primarily of military concern; and
(B) select systems, procedures, facilities, and devices that will best serve those needs and promote maximum coordination of air traffic control and air defense systems.
(2) The Administrator may make contracts to carry out this subsection without regard to section 3324(a) and (b) of title 31.
(3) When a substantial question exists under paragraph (1) of this subsection about whether a matter is of primary concern to the armed forces, the Administrator shall decide whether the Administrator or the Secretary of the appropriate military department has responsibility. The Administrator shall be given technical information related to each research and development project of the armed forces that potentially applies to, or potentially conflicts with, the common system to ensure that potential application to the common system is considered properly and that potential conflicts with the system are eliminated.
(b)
(1) to develop a better understanding of the relationship between human factors and aviation accidents and between human factors and air safety;
(2) to enhance air traffic controller, mechanic, and flight crew performance;
(3) to develop a human-factor analysis of the hazards associated with new technologies to be used by air traffic controllers, mechanics, and flight crews;
(4) to identify innovative and effective corrective measures for human errors that adversely affect air safety; and
(5) to develop dynamic simulation models of the air traffic control system and airport design and operating procedures that will provide analytical technology—
(A) to predict airport and air traffic control safety and capacity problems;
(B) to evaluate planned research projects; and
(C) to test proposed revisions in airport and air traffic control operations programs.
(c)
(1) airspace and airport planning and design;
(2) airport capacity enhancement techniques;
(3) human performance in the air transportation environment;
(4) aviation safety and security;
(5) the supply of trained air transportation personnel, including pilots and mechanics; and
(6) other aviation issues related to developing and maintaining a safe and efficient air transportation system.
(d)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1177; Pub. L. 103–305, title III, §307, Aug. 23, 1994, 108 Stat. 1593.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44505(a)(1) | 49 App.:1353(c) (1st sentence). | Aug. 23, 1958, Pub. L. 85–726, §312(c) (1st, 5th–last sentences), 72 Stat. 752. |
| 49 App.:1655(c)(1). | Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444. | |
| 44505(a)(2) | 49 App.:1353(c) (5th sentence). | |
| 49 App.:1655(c)(1). | ||
| 44505(a)(3) | 49 App.:1353(c) (6th, last sentences). | |
| 49 App.:1655(c)(1). | ||
| 44505(b) | 49 App.:1353(c) (2d, 3d sentences). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §312(c) (2d, 3d sentences); added Nov. 3, 1988, Pub. L. 100–591, §3, 102 Stat. 3011. |
| 44505(c) | 49 App.:1353(c) (4th sentence). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §312(c) (4th sentence); added Nov. 5, 1990, Pub. L. 101–508, §9209(c), 104 Stat. 1388–378. |
In this section, the word “Administrator” in section 312(c) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 752) is retained on authority of 49:106(g).
In subsection (a)(1) and (3), the words “the armed forces” are substituted for “military agencies” and “the military” because of the definition of “armed forces” in 10:101.
In subsection (a)(3), the words “military department” are substituted for “military agency” because of the definition of “military department” in 10:101. The words “the needs of” and “to the maximum extent necessary” are omitted as surplus.
Amendments
1994—Subsec. (d). Pub. L. 103–305 added subsec. (d).
Assessment of Wake Turbulence Research and Development Program
Pub. L. 108–176, title V, §505, Dec. 12, 2003, 117 Stat. 2559, required the Administrator of the Federal Aviation Administration to enter into an arrangement with the National Research Council for an assessment of the Federal Aviation Administration's proposed wake turbulence research and development program and required that a report on the assessment be provided to Committees of Congress not later than 1 year after Dec. 12, 2003.
Ensuring Appropriate Standards for Airfield Pavements
Pub. L. 108–176, title VII, §705, Dec. 12, 2003, 117 Stat. 2581, provided that:
“(a)
“(b)
Use of Recycled Materials
Pub. L. 106–181, title I, §157, Apr. 5, 2000, 114 Stat. 89, provided that:
“(a)
“(b)
“(c)
“(d)
Airfield Pavement Conditions
Pub. L. 106–181, title I, §160, Apr. 5, 2000, 114 Stat. 90, provided that:
“(a)
“(1) improving the existing runway condition information contained in the airport safety data program by reviewing and revising rating criteria and providing increased training for inspectors;
“(2) requiring such airports to submit pavement condition index information as part of their airport master plan or as support in applications for airport improvement grants; and
“(3) requiring all such airports to submit pavement condition index information on a regular basis and using this information to create a pavement condition database that could be used in evaluating the cost-effectiveness of project applications and forecasting anticipated pavement needs.
“(b)
Pilot Program To Permit Cost-Sharing of Air Traffic Modernization Projects
Pub. L. 106–181, title III, §304, Apr. 5, 2000, 114 Stat. 122, provided that:
“(a)
“(b)
“(c)
“(d)
“(e)
“(f)
“(1)
“(A) airport-specific air traffic facilities and equipment, including local area augmentation systems, instrument landings systems, weather and wind shear detection equipment, lighting improvements, and control towers;
“(B) automation tools to effect improvements in airport capacity, including passive final approach spacing tools and traffic management advisory equipment; and
“(C) facilities and equipment that enhance airspace control procedures, including consolidation of terminal radar control facilities and equipment, or assist in en route surveillance, including oceanic and offshore flight tracking.
“(2)
“(g)
“(h)
Aircraft Dispatchers
Pub. L. 106–181, title V, §516, Apr. 5, 2000, 114 Stat. 145, provided that:
“(a)
“(b)
“(c)
Occupational Injuries of Airport Workers
Pub. L. 106–181, title V, §520, Apr. 5, 2000, 114 Stat. 149, provided that:
“(a)
“(b)
Alkali Silica Reactivity Distress
Pub. L. 106–181, title VII, §743, Apr. 5, 2000, 114 Stat. 175, provided that:
“(a)
“(b)
“(c)
Research Program To Improve Airfield Pavements
Pub. L. 108–176, title VII, §704, Dec. 12, 2003, 117 Stat. 2581, provided that:
“(a)
“(b)
“(c)
Pub. L. 106–181, title IX, §905, Apr. 5, 2000, 114 Stat. 196, provided that: “The Administrator [of the Federal Aviation Administration] shall consider awards to nonprofit concrete pavement research foundations to improve the design, construction, rehabilitation, and repair of rigid concrete airfield pavements to aid in the development of safer, more cost-effective, and durable airfield pavements. The Administrator may use a grant or cooperative agreement for this purpose. Nothing in this section shall require the Administrator to prioritize an airfield pavement research program above safety, security, Flight 21, environment, or energy research programs.”
§44506. Air traffic controllers
(a)
(1) methods for improving and accelerating future air traffic controller training through the application of advanced training techniques, including the use of simulation technology;
(2) the role of automation in the air traffic control system and its physical and psychological effects on air traffic controllers;
(3) the attributes and aptitudes needed to function well in a highly automated air traffic control system and the development of appropriate testing methods for identifying individuals with those attributes and aptitudes;
(4) innovative methods for training potential air traffic controllers to enhance the benefits of automation and maximize the effectiveness of the air traffic control system; and
(5) new technologies and procedures for exploiting automated communication systems, including Mode S Transponders, to improve information transfers between air traffic controllers and aircraft pilots.
(b)
(1) human perceptual capabilities and the effect of computer-aided decision making on the workload and performance of air traffic controllers;
(2) information management techniques for advanced air traffic control display systems; and
(3) air traffic controller workload and performance measures, including the development of predictive models.
(c)
(2)(A) The Administrator of the Federal Aviation Administration may appoint an individual who has successfully completed a course of training in a program described in paragraph (1) of this subsection to the position of air traffic controller noncompetitively in the excepted service (as defined in section 2103 of title 5). An individual appointed under this paragraph serves at the pleasure of the Administrator, subject to section 7511 of title 5. However, an appointment under this paragraph may be converted from one in the excepted service to a career conditional or career appointment in the competitive civil service (as defined in section 2102 of title 5) when the individual achieves full performance level air traffic controller status, as decided by the Administrator.
(B) The authority under subparagraph (A) of this paragraph to make appointments in the excepted service expires on October 6, 1997, except that the Administrator of the Federal Aviation Administration may extend the authority for one or more successive one-year periods.
(d)
(1) the staffing standards used to determine the number of air traffic controllers needed to operate the air traffic control system of the United States;
(2) a 3-year projection of the number of controllers needed to be employed to operate the system to meet the standards; and
(3) a detailed plan for employing the controllers, including projected budget requests.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1178; Pub. L. 104–287, §5(9), Oct. 11, 1996, 110 Stat. 3389.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44506(a), (b) | 49 App.:1353 (note). | Nov. 3, 1988, Pub. L. 100–591, §8(a)–(c), 102 Stat. 3015; Nov. 17, 1988, Pub. L. 100–685, §§601–603, 102 Stat. 4102. |
| 44506(c) | 49 App.:1348a. | Oct. 6, 1992, Pub. L. 102–388, §362, 106 Stat. 1560. |
| 44506(d) | 49 App.:1348 (note). | Oct. 31, 1992, Pub. L. 102–581, §120, 106 Stat. 4884. |
In subsections (a) and (b), the text of section 8(a) and (b)(3) of the Aviation Safety Research Act of 1988 (Public Law 100–581, 102 Stat. 3015, 3016) and sections 601 and 602(3) of the National Aeronautics and Space Administration Authorization Act, Fiscal Year 1989 (Public Law 100–685, 102 Stat. 4102, 4103) is omitted as executed.
In subsection (c), the words “institutions of higher education” are substituted for “post-secondary educational institutions” for consistency in the revised title.
Amendments
1996—Subsec. (d). Pub. L. 104–287 substituted “Transportation and Infrastructure” for “Public Works and Transportation”.
Controller Staffing
Pub. L. 110–161, div. K, title I, Dec. 26, 2007, 121 Stat. 2378, provided in part: “That not later than March 31 of each fiscal year hereafter, the Administrator of the Federal Aviation Administration shall transmit to Congress an annual update to the report submitted to Congress in December 2004 pursuant to section 221 of Public Law 108–176 [set out below]”.
Pub. L. 108–176, title II, §221, Dec. 12, 2003, 117 Stat. 2526, provided that:
“(a)
“(b)
“(1)
“(2)
“(3)
§44507. Civil aeromedical research
The Civil Aeromedical Institute established by section 106(j) of this title may—
(1) conduct civil aeromedical research, including research related to—
(A) the protection and survival of aircraft occupants;
(B) medical accident investigation and airman medical certification;
(C) toxicology and the effects of drugs on human performance;
(D) the impact of disease and disability on human performance;
(E) vision and its relationship to human performance and equipment design;
(F) human factors of flight crews, air traffic controllers, mechanics, inspectors, airway facility technicians, and other individuals involved in operating and maintaining aircraft and air traffic control equipment; and
(G) agency work force optimization, including training, equipment design, reduction of errors, and identification of candidate tasks for automation;
(2) make comments to the Administrator of the Federal Aviation Administration on human factors aspects of proposed air safety regulations;
(3) make comments to the Administrator on human factors aspects of proposed training programs, equipment requirements, standards, and procedures for aviation personnel;
(4) advise, assist, and represent the Federal Aviation Administration in the human factors aspects of joint projects between the Administration and the National Aeronautics and Space Administration, other departments, agencies, and instrumentalities of the United States Government, industry, and governments of foreign countries; and
(5) provide medical consultation services to the Administrator about medical certification of airmen.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1179.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44507 | 49 App.:1353(e). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §312(e); added Nov. 3, 1988, Pub. L. 100–591, §5(b), 102 Stat. 3013. |
In clause (4), the words “departments, agencies, and instrumentalities of the United States Government” are substituted for “Government agencies” for consistency in the revised title and with other titles of the United States Code.
§44508. Research advisory committee
(a)
(A) provide advice and recommendations to the Administrator of the Federal Aviation Administration about needs, objectives, plans, approaches, content, and accomplishments of the aviation research program carried out under sections 40119, 44504, 44505, 44507, 44511–44513, and 44912 of this title;
(B) assist in ensuring that the research is coordinated with similar research being conducted outside the Administration;
(C) review the operations of the regional centers of air transportation excellence established under section 44513 of this title; and
(D) annually review the allocation made by the Administrator of the amounts authorized by section 48102(a) of this title among the major categories of research and development activities carried out by the Administration and provide advice and recommendations to the Administrator on whether such allocation is appropriate to meet the needs and objectives identified under subparagraph (A).
(2) The Administrator may establish subordinate committees to provide advice on specific areas of research conducted under sections 40119, 44504, 44505, 44507, 44511–44513, and 44912 of this title.
(b)
(2) The Administrator shall designate the chairman of the committee.
(3) A member of the committee serves without pay. However, the Administrator may allow a member, when attending meetings of the committee or a subordinate committee, expenses as authorized under section 5703 of title 5.
(c)
(d)
(e)
(2) A limitation on amounts available for obligation by or for the committee does not apply to amounts made available to carry out this section.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1180; Pub. L. 104–264, title XI, §1104, Oct. 9, 1996, 110 Stat. 3279.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44508(a)(1) | 49 App.:1353(f)(1), (2). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §312(f); added Nov. 3, 1988, Pub. L. 100–591, §6, 102 Stat. 3013; Nov. 5, 1990, Pub. L. 101–508, §9209(b), 104 Stat. 1388–377. |
| 44508(a)(2) | 49 App.:1353(f)(6) (last sentence). | |
| 44508(b) | 49 App.:1353(f)(3)–(5). | |
| 44508(c) | 49 App.:1353(f)(6) (1st sentence), (7). | |
| 44508(d) | 49 App.:1353(f)(8). | |
| 44508(e) | 49 App.:1353(f)(9). |
In subsection (a)(1), before clause (A), the words “There is a” are substituted for “Not later than 180 days after November 3, 1988, the Administrator shall establish” to eliminate obsolete words. In clause (C), the words “operations of” are substituted for “research and training to be carried out by” for consistency with section 44513 of the revised title.
In subsection (a)(2), the words “to the advisory committee” are omitted as surplus.
In subsection (b)(1), the words “departments, agencies, and instrumentalities” are substituted for “agencies” for consistency in the revised title and with other titles of the United States Code.
In subsection (b)(3), the words “travel or transportation” are omitted as surplus.
In subsection (e), the words “for fiscal years beginning after September 30, 1988” are omitted as obsolete.
References in Text
Section 14 of the Federal Advisory Committee Act, referred to in subsec. (d), is section 14 of Pub. L. 92–463, which is set out in the Appendix to Title 5, Government Organization and Employees.
Amendments
1996—Subsec. (a)(1)(D). Pub. L. 104–264 added subpar. (D).
Effective Date of 1996 Amendment
Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title.
§44509. Demonstration projects
The Secretary of Transportation may carry out under this chapter demonstration projects that the Secretary considers necessary for research and development activities under this chapter.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1181.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44509 | 49 App.:2205(b)(1). | Sept. 3, 1982, Pub. L. 97–248, §506(b)(1), 96 Stat. 678; restated Dec. 30, 1987, Pub. L. 100–223, §105(b)(1), 101 Stat. 1490. |
§44510. Airway science curriculum grants
(a)
(1) the construction, purchase, or lease with an option to purchase, of buildings and associated facilities.
(2) instructional material and equipment.
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1181.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44510(a) | 49 App.:1354a (1st sentence). | Nov. 5, 1990, Pub. L. 101–516, (1st sentence last proviso, 3d, last sentences in par. under heading “Facilities and Equipment”), 104 Stat. 2160. |
| Oct. 28, 1991, Pub. L. 102–143, (1st sentence last proviso, 3d, last sentences in par. under heading “Facilities and Equipment”), 105 Stat. 922. | ||
| Oct. 6, 1992, Pub. L. 102–388, (1st sentence last proviso, 3d, last sentences in par. under heading “Facilities and Equipment”), 106 Stat. 1525. | ||
| 44510(b) | 49 App.:1354a (3d, last sentences). |
In subsection (a), before clause (1), the words “With appropriations made for the Airway Science Program, as authorized below in this section” are omitted as unnecessary because of section 48106 of the revised title.
In subsection (b), the proviso is omitted as executed.
§44511. Aviation research grants
(a)
(b)
(c)
(1) providing grants under this section for proposals having adequate merit and relevancy to the mission of the Administration;
(2) a fair geographical distribution of grants under this section; and
(3) the inclusion of historically black institutions of higher education and other minority nonprofit research organizations for grant consideration under this section.
(d)
(e)
(f)
(1)
(A) identify problems that are shared by airport operating agencies and can be solved through applied research but that are not being adequately addressed by existing Federal research programs; and
(B) fund research to address those problems.
(2)
(3)
(4)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1181; Pub. L. 104–287, §5(74), Oct. 11, 1996, 110 Stat. 3396; Pub. L. 108–176, title VII, §712, Dec. 12, 2003, 117 Stat. 2586.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44511 | 49 App.:1353(g). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §312(g); added Nov. 5, 1990, Pub. L. 101–508, §9205(a), 104 Stat. 1388–373. |
In this section, the words “institutions of higher education” and “institution of higher education” are substituted for “colleges, universities”, “university, college”, and “colleges and universities” for consistency in the revised title.
In subsection (c), the words “providing grants” are substituted for “the funding”, the word “grants” is substituted for “grant funds”, and the words “grant consideration” are substituted for “funding consideration”, for consistency in the revised title.
In subsection (d), the words “money provided under the grant” are substituted for “grant funds” for consistency.
References in Text
Section 14 of the Federal Advisory Committee Act, referred to in subsec. (f)(2), is section 14 of Pub. L. 92–463, which is set out in the Appendix to Title 5, Government Organization and Employees.
Amendments
2003—Subsec. (f). Pub. L. 108–176 added subsec. (f).
1996—Subsec. (e). Pub. L. 104–287 substituted “Committee on Science” for “Committee on Science, Space, and Technology”.
Change of Name
Committee on Science of House of Representatives changed to Committee on Science and Technology of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
Effective Date of 2003 Amendment
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
§44512. Catastrophic failure prevention research grants
(a)
(1) to conduct aviation research related to the development of technologies and methods to assess the risk of, and prevent, defects, failures, and malfunctions of products, parts, processes, and articles manufactured for use in aircraft, aircraft engines, propellers, and appliances that could result in a catastrophic failure of an aircraft; and
(2) to establish centers of excellence for continuing the research.
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1182.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44512 | 49 App.:1353(h). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §312(h); added Nov. 5, 1990, Pub. L. 101–508, §9208(b), 104 Stat. 1388–376. |
In this section, the words “institutions of higher education” are substituted for “colleges, universities” for consistency in the revised title.
In subsection (b), the words “providing grants” are substituted for “the funding” for consistency in the revised title.
§44513. Regional centers of air transportation excellence
(a)
(b)
(A) conducting research on—
(i) airspace and airport planning and design;
(ii) airport capacity enhancement techniques;
(iii) human performance in the air transportation environment;
(iv) aviation safety and security;
(v) the supply of trained air transportation personnel, including pilots and mechanics; and
(vi) other aviation issues related to developing and maintaining a safe and efficient air transportation system; and
(B) interpreting, publishing, and disseminating the results of the research.
(2) In conducting research described in paragraph (1)(A) of this subsection, each center may make contracts with nonprofit research organizations and other appropriate persons.
(c)
(d)
(1) the extent to which the needs of the State in which the applicant is located are representative of the needs of the region for improved air transportation services and facilities.
(2) the demonstrated research and extension resources available to the applicant to carry out this section.
(3) the ability of the applicant to provide leadership in making national and regional contributions to the solution of both long-range and immediate air transportation problems.
(4) the extent to which the applicant has an established air transportation program.
(5) the demonstrated ability of the applicant to disseminate results of air transportation research and educational programs through a statewide or regionwide continuing education program.
(6) the projects the applicant proposes to carry out under the grant.
(e)
(f)
(g)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1182.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44513 | 49 App.:1353(i). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §312(i); added Nov. 5, 1990, Pub. L. 101–508, §9209(a), 104 Stat. 1388–376. |
In this section, the words “institutions of higher education” and “institution of higher education” are substituted for “colleges or universities” and “college or university” for consistency in the revised title.
In subsection (a), the words “one or more” are omitted as surplus.
§44514. Flight service stations
(a)
(2) The Secretary shall reopen a flight service station closed after March 24, 1987, but before July 15, 1987, as soon as practicable if the service in the area in which the station is located has not been provided since the closing by an automatic flight service station with at least model 1 equipment. The hours of operation for the reopened station shall be the same as were the hours of operation for the station on March 25, 1987. After reopening the station, the Secretary may close, or reduce the hours of operation of, the station only as provided in paragraph (1) of this subsection.
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1183.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44514(a) | 49 App.:2224. | Sept. 3, 1982, Pub. L. 97–248, §528, 96 Stat. 699; restated Dec. 30, 1987, Pub. L. 100–223, §113, 101 Stat. 1505. |
| 44514(b) | 49 App.:1348 (notes). | Nov. 5, 1990, Pub. L. 101–508, §9115, 104 Stat. 1388–364. |
| Nov. 5, 1990, Pub. L. 101–516, §330(a), 104 Stat. 2184. |
In subsection (a)(1), the words “On or after July 15, 1987” are omitted as obsolete.
In subsection (a)(2), the words “after December 30, 1987” are omitted as obsolete. The words “the date of” are omitted as surplus.
In subsection (b), the text of section 9115(b) of the Omnibus Budget Reconciliation Act of 1990 (Public Law 101–508, 104 Stat. 1388–364) and section 330(a) (last sentence) of the Department of Transportation and Related Agencies Appropriations Act, 1991 (Public Law 101–516, 104 Stat. 2184) is omitted as obsolete.
§44515. Advanced training facilities for maintenance technicians for air carrier aircraft
(a)
(b)
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1184.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44515 | 49 App.:1354 (note). | Oct., 31, 1992, Pub. L. 102–581, §119(a)–(c), 106 Stat. 4883. |
The words “vocational technical educational institution” are used throughout this section for consistency in this section.
Improvement of Curriculum Standards for Aviation Maintenance Technicians
Pub. L. 108–176, title V, §504, Dec. 12, 2003, 117 Stat. 2559, provided that:
“(a)
“(b)
“(c)
“(d)
“(e)
Improved Training for Airframe and Powerplant Mechanics
Pub. L. 106–181, title V, §517, Apr. 5, 2000, 114 Stat. 145, provided that: “The Administrator [of the Federal Aviation Administration] shall form a partnership with industry and labor to develop a model program to improve the curricula, teaching methods, and quality of instructors for training individuals that need certification as airframe and powerplant mechanics.”
§44516. Human factors program
(a)
(1)
(A) address the problems and concerns raised by the National Research Council in its report “The Future of Air Traffic Control” on air traffic control automation; and
(B) respond to the recommendations made by the National Research Council.
(2)
(A) in recovering from loss of control of an aircraft, including handling unusual attitudes and mechanical malfunctions;
(B) in deviating from standard operating procedures, including inappropriate responses to emergencies and hazardous weather;
(C) in awareness of altitude and location relative to terrain to prevent controlled flight into terrain; and
(D) in landing and approaches, including nonprecision approaches and go-around procedures.
(b)
(c)
(d)
(Added Pub. L. 106–181, title VII, §713(a), Apr. 5, 2000, 114 Stat. 160.)
References in Text
The date of the enactment of this section, referred to in subsec. (c), is the date of enactment of Pub. L. 106–181, which was approved Apr. 5, 2000.
Effective Date
Section applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as an Effective Date of 2000 Amendments note under section 106 of this title.
§44517. Program to permit cost sharing of air traffic modernization projects
(a)
(b)
(c)
(d)
(e)
(1)
(A) airport-specific air traffic facilities and equipment, including local area augmentation systems, instrument landing systems, weather and wind shear detection equipment, and lighting improvements;
(B) automation tools to effect improvements in airport capacity, including passive final approach spacing tools and traffic management advisory equipment; and
(C) equipment and software that enhance airspace control procedures or assist in en route surveillance, including oceanic and offshore flight tracking.
(2)
(f)
(g)
(Added Pub. L. 108–176, title I, §183(a), Dec. 12, 2003, 117 Stat. 2516.)
Effective Date
Section applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as an Effective Date of 2003 Amendment note under section 106 of this title.
CHAPTER 447—SAFETY REGULATION
Amendments
2007—Pub. L. 110–135, §2(b), Dec. 13, 2007, 121 Stat. 1452, added item 44729.
2003—Pub. L. 108–176, title II, §227(e)(2), title V, §502(b), title VIII, §814(b), Dec. 12, 2003, 117 Stat. 2532, 2557, 2592, substituted “Type certificates, production certificates, airworthiness certificates, and design organization certificates” for “Type certificates, production certificates, and airworthiness certificates” in item 44704 and added items 44727 and 44728.
2000—Pub. L. 106–181, title V, §§504(c), 505(a)(2), title VI, §603(b), Apr. 5, 2000, 114 Stat. 134, 136, 152, substituted “Aeronautical charts and related products and services” for “Aeronautical maps and charts” in item 44721 and added items 44725 and 44726.
1996—Pub. L. 104–264, title VI, §602(a)(2), Oct. 9, 1996, 110 Stat. 3264, added item 44724.
§44701. General requirements
(a)
(1) minimum standards required in the interest of safety for appliances and for the design, material, construction, quality of work, and performance of aircraft, aircraft engines, and propellers;
(2) regulations and minimum standards in the interest of safety for—
(A) inspecting, servicing, and overhauling aircraft, aircraft engines, propellers, and appliances;
(B) equipment and facilities for, and the timing and manner of, the inspecting, servicing, and overhauling; and
(C) a qualified private person, instead of an officer or employee of the Administration, to examine and report on the inspecting, servicing, and overhauling;
(3) regulations required in the interest of safety for the reserve supply of aircraft, aircraft engines, propellers, appliances, and aircraft fuel and oil, including the reserve supply of fuel and oil carried in flight;
(4) regulations in the interest of safety for the maximum hours or periods of service of airmen and other employees of air carriers; and
(5) regulations and minimum standards for other practices, methods, and procedure the Administrator finds necessary for safety in air commerce and national security.
(b)
(1) an air carrier to whom a certificate is issued under section 44705 of this title; and
(2) operating an airport serving any passenger operation of air carrier aircraft designed for at least 31 passenger seats.
(c)
(d)
(1) consider—
(A) the duty of an air carrier to provide service with the highest possible degree of safety in the public interest; and
(B) differences between air transportation and other air commerce; and
(2) classify a regulation or standard appropriate to the differences between air transportation and other air commerce.
(e)
(1)
(2)
(3)
(4)
(A) aircraft registered in the United States and operated pursuant to an agreement for the lease, charter, or interchange of the aircraft or any similar arrangement by an operator that has its principal place of business or, if it has no such place of business, its permanent residence in another country; and
(B) aircraft registered in a foreign country and operated under an agreement for the lease, charter, or interchange of the aircraft or any similar arrangement by an operator that has its principal place of business or, if it has no such place of business, its permanent residence in the United States.
(f)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1185; Pub. L. 103–429, §6(55), Oct. 31, 1994, 108 Stat. 4385; Pub. L. 106–181, title VII, §714, Apr. 5, 2000, 114 Stat. 161.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44701(a) | 49 App.:1421(a). | Aug. 23, 1958, Pub. L. 85–726, §§601(a), (b) (1st sentence related to standards, rules, and regulations, last sentence), (c), 604(a) (related to standards), 72 Stat. 775, 778. |
| 49 App.:1655(c)(1). | Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444. | |
| 44701(b) | 49 App.:1424(a) (related to standards). | |
| 49 App.:1432(a) (related to standards). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §612(a) (related to standards); added May 21, 1970, Pub. L. 91–258, §51(b)(1), 84 Stat. 234; restated Sept. 3, 1982, Pub. L. 97–248, §525(a), 96 Stat. 697. | |
| 49 App.:1655(c)(1). | ||
| 44701(c) | 49 App.:1421(b) (last sentence). | |
| 49 App.:1655(c)(1). | ||
| 44701(d) | 49 App.:1421(b) (1st sentence related to standards, rules, and regulations). | |
| 49 App.:1655(c)(1). | ||
| 44701(e) | 49 App.:1421(c). | |
| 49 App.:1655(c)(1). |
In this section, the word “Administrator” in sections 601(a)–(c) and 604 of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 775, 778) is retained on authority of 49:106(g).
In subsection (a), before clause (1), the words “is empowered and it . . . be his duty to” and “and revising from time to time” are omitted as surplus. In clause (1), the words “as may be” are omitted as surplus. In clauses (2)–(5), the words “Reasonable” and “reasonable” are omitted as surplus and the word “rules” is omitted as being synonymous with “regulations”. In clause (5), the words “to provide adequately” are omitted as surplus.
In subsection (b)(1), the words “the operation of” are omitted as surplus. The words “under section 44705 of this title” are added for clarity.
In subsection (b)(2), the words “scheduled or unscheduled” are omitted as surplus.
In subsection (c), the words “carry out” are substituted for “exercise and perform his powers and duties under”, and the words “in carrying out” are substituted for “in the administration and enforcement of”, for consistency and to eliminate unnecessary words.
In subsection (d), before clause (1), the word “rules” is omitted as being synonymous with “regulations”. In clause (1), before subclause (A), the word “full” is omitted as surplus. In clause (1)(A), the word “provide” is substituted for “perform” for consistency in the revised title.
In subsection (e), the words “from time to time” are omitted as surplus. The word “rule” is omitted as being synonymous with “regulation”.
Pub. L. 103–429
This amends 49:44701(d) and (e) to correct erroneous cross-references.
Amendments
2000—Subsecs. (e), (f). Pub. L. 106–181 added subsec. (e) and redesignated former subsec. (e) as (f).
1994—Subsecs. (d), (e). Pub. L. 103–429 substituted “any of sections 44702–44716” for “section 44702–44716”.
Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
FAA Inspector Training
Pub. L. 108–176, title V, §506, Dec. 12, 2003, 117 Stat. 2560, provided that:
“(a)
“(1)
“(2)
“(A) an analysis of the type of training provided to FAA inspectors;
“(B) actions that the Federal Aviation Administration has undertaken to ensure that FAA inspectors receive up-to-date training on the latest technologies;
“(C) the extent of FAA inspector training provided by the aviation industry and whether such training is provided without charge or on a quid pro quo basis; and
“(D) the amount of travel that is required of FAA inspectors in receiving training.
“(3)
“(b)
“(1) FAA inspectors should be encouraged to take the most up-to-date initial and recurrent training on the latest aviation technologies;
“(2) FAA inspector training should have a direct relation to an individual's job requirements; and
“(3) if possible, a FAA inspector should be allowed to take training at the location most convenient for the inspector.
“(c)
“(1)
“(2)
“(A) A suggested method of modifying FAA inspectors staffing models for application to current local conditions or applying some other approach to developing an objective staffing standard.
“(B) The approximate cost and length of time for developing such models.
“(3)
Air Transportation Oversight System
Pub. L. 106–181, title V, §513, Apr. 5, 2000, 114 Stat. 144, provided that:
“(a)
“(b)
“(1) any funding or staffing constraints that would adversely impact the Administration's ability to continue to develop and implement the air transportation oversight system;
“(2) progress in integrating the aviation safety data derived from such system's inspections with existing aviation data of the Administration in the safety performance analysis system of the Administration; and
“(3) the Administration's efforts in collaboration with the aviation industry to develop and validate safety performance measures and appropriate risk weightings for such system.
“(c)
Regulation of Alaska Guide Pilots
Pub. L. 106–181, title VII, §732, Apr. 5, 2000, 114 Stat. 168, provided that:
“(a)
“(b)
“(1)
“(2)
“(A) to operate aircraft inspected no less often than after 125 hours of flight time;
“(B) to participate in an annual flight review, as described in section 61.56 of title 14, Code of Federal Regulations;
“(C) to have at least 500 hours of flight time as a pilot;
“(D) to have a commercial rating, as described in subpart F of part 61 of such title;
“(E) to hold at least a second-class medical certificate, as described in subpart C of part 67 of such title;
“(F) to hold a current letter of authorization issued by the Administrator; and
“(G) to take such other actions as the Administrator determines necessary for safety.
“(3)
“(c)
“(1)
“(2)
“(A) conducts aircraft operations over or within the State of Alaska;
“(B) operates single engine, fixed-wing aircraft on floats, wheels, or skis, providing commercial hunting, fishing, or other guide services and related accommodations in the form of camps or lodges; and
“(C) transports clients by such aircraft incidental to hunting, fishing, or other guide services.”
Aviation Medical Assistance
Pub. L. 105–170, Apr. 24, 1998, 112 Stat. 47, provided that:
“SECTION 1. SHORT TITLE.
“This Act may be cited as the ‘Aviation Medical Assistance Act of 1998’.
“SEC. 2. MEDICAL KIT EQUIPMENT AND TRAINING.
“Not later than 1 year after the date of the enactment of this Act [Apr. 24, 1998], the Administrator of the Federal Aviation Administration shall reevaluate regulations regarding: (1) the equipment required to be carried in medical kits of aircraft operated by air carriers; and (2) the training required of flight attendants in the use of such equipment, and, if the Administrator determines that such regulations should be modified as a result of such reevaluation, shall issue a notice of proposed rulemaking to modify such regulations.
“SEC. 3. REPORTS REGARDING DEATHS ON AIRCRAFT.
“(a)
“(1) The number of persons who died on aircraft of the air carrier, including any person who was declared dead after being removed from such an aircraft as a result of a medical incident that occurred on such aircraft.
“(2) The age of each such person.
“(3) Any information concerning cause of death that is available at the time such person died on the aircraft or is removed from the aircraft or that subsequently becomes known to the air carrier.
“(4) Whether or not the aircraft was diverted as a result of the death or incident.
“(5) Such other information as the Administrator may request as necessary to aid in a decision as to whether or not to require automatic external defibrillators in airports or on aircraft operated by air carriers, or both.
“(b)
“SEC. 4. DECISION ON AUTOMATIC EXTERNAL DEFIBRILLATORS.
“(a)
“(b)
“(c)
“(1) on passenger aircraft operated by air carriers, the proposed rulemaking or recommendation shall include—
“(A) the size of the aircraft on which such defibrillators should be required;
“(B) the class flights (whether interstate, overseas, or foreign air transportation or any combination thereof) on which such defibrillators should be required;
“(C) the training that should be required for air carrier personnel in the use of such defibrillators; and
“(D) the associated equipment and medication that should be required to be carried in the aircraft medical kit; and
“(2) at airports, the proposed rulemaking or recommendation shall include—
“(A) the size of the airport at which such defibrillators should be required;
“(B) the training that should be required for airport personnel in the use of such defibrillators; and
“(C) the associated equipment and medication that should be required at the airport.
“(d)
“(e)
“SEC. 5. LIMITATIONS ON LIABILITY.
“(a)
“(b)
“SEC. 6. DEFINITIONS.
“In this Act—
“(1) the terms ‘air carrier’, ‘aircraft’, ‘airport’, ‘interstate air transportation’, ‘overseas air transportation’, and ‘foreign air transportation’ have the meanings such terms have under section 40102 of title 49, United States Code;
“(2) the term ‘major air carrier’ means an air carrier certificated under section 41102 of title 49, United States Code, that accounted for at least 1 percent of domestic scheduled-passenger revenues in the 12 months ending March 31 of the most recent year preceding the date of the enactment of this Act [Apr. 24, 1998], as reported to the Department of Transportation pursuant to part 241 of title 14 of the Code of Federal Regulations; and
“(3) the term ‘medically qualified individual’ includes any person who is licensed, certified, or otherwise qualified to provide medical care in a State, including a physician, nurse, physician assistant, paramedic, and emergency medical technician.”
§44702. Issuance of certificates
(a)
(1) be under oath when the Administrator requires; and
(2) be in the form, contain information, and be filed and served in the way the Administrator prescribes.
(b)
(1) consider—
(A) the duty of an air carrier to provide service with the highest possible degree of safety in the public interest; and
(B) differences between air transportation and other air commerce; and
(2) classify a certificate according to the differences between air transportation and other air commerce.
(c)
(d)
(A) the examination, testing, and inspection necessary to issue a certificate under this chapter; and
(B) issuing the certificate.
(2) The Administrator may rescind a delegation under this subsection at any time for any reason the Administrator considers appropriate.
(3) A person affected by an action of a private person under this subsection may apply for reconsideration of the action by the Administrator. On the Administrator's own initiative, the Administrator may reconsider the action of a private person at any time. If the Administrator decides on reconsideration that the action is unreasonable or unwarranted, the Administrator shall change, modify, or reverse the action. If the Administrator decides the action is warranted, the Administrator shall affirm the action.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1186; Pub. L. 108–176, title II, §227(a), Dec. 12, 2003, 117 Stat. 2531.)
Amendment of Subsection (a)
Pub. L. 108–176, title II, §227(a), Dec. 12, 2003, 117 Stat. 2531, provided that, effective on the last day of the 7-year period beginning on Dec. 12, 2003, subsection (a) of this section is amended by inserting “design organization certificates,” after “airman certificates,”.
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44702(a) | 49 App.:1422(a) (1st–10th words). | Aug. 23, 1958, Pub. L. 85–726, §§314 (less (a) (last sentence related to fees)), 601(b) (1st sentence related to issuing certificates, 2d sentence), 602(a) (1st–8th words), 603(a)(1), (b), (c) (as §603(a)(1), (b), (c) relate to issuing certificates), 604(a) (related to issuing certificates), 606 (last sentence), 607 (last sentence), 608, 72 Stat. 754, 775, 776, 777, 778, 779. |
| 49 App.:1423(a)(1), (b), (c) (as 49 App.:1423(a)(1), (b), (c) relate to issuing certificates). | ||
| 49 App.:1424(a) (related to issuing certificates). | ||
| 49 App.:1426 (last sentence). | ||
| 49 App.:1427 (last sentence). | ||
| 49 App.:1428. | ||
| 49 App.:1432(a) (related to issuing certificates). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §612(a) (related to issuing certificates); added May 21, 1970, Pub. L. 91–258, §51(b)(1), 84 Stat. 234; restated Sept. 3, 1982, Pub. L. 97–248, §525(a), 96 Stat. 697. | |
| 49 App.:1655(c)(1). | Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444. | |
| 44702(b) | 49 App.:1421(b) (1st sentence related to issuing certificates). | |
| 49 App.:1655(c)(1). | ||
| 44702(c) | 49 App.:1421(b) (2d sentence). | |
| 49 App.:1655(c)(1). | ||
| 44702(d) | 49 App.:1355 (less (a) (last sentence related to fees)). | |
| 49 App.:1655(c)(1). |
In this section, the word “Administrator” in sections 601(b), 602(a), 603(a)(1), 604(a), 606 (last sentence), 607 (last sentence), and 608 of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 775, 776, 778, 779) is retained on authority of 49:106(g).
In subsection (a), the reference to a type certificate and production certificate is added for clarity.
In subsection (b)(1), before subclause (A), the word “full” is omitted as surplus. In clause (1)(A), the word “provide” is substituted for “perform” for consistency in the revised title.
In subsection (d)(1), before clause (A), the words “In exercising the powers and duties vested in him by this chapter” and “properly” are omitted as surplus. The words “or employees” are omitted because of 1:1. The word “matter” is substituted for “work, business, or function” to eliminate unnecessary words. In clause (B), the words “in accordance with standards established by him” are omitted as surplus.
In subsection (d)(2), the words “made by him” are omitted as surplus.
In subsection (d)(3), the words “exercising delegated authority” and “with respect to the authority granted under subsection (a) of this section” are omitted as surplus. The words “at any time” are substituted for “either before or after it has become effective”, and the words “If the Administrator decides on reconsideration that the action is unreasonable or unwarranted” are substituted for “If, upon reconsideration by the Secretary of Transportation, it shall appear that the action in question is in any respect unjust or unwarranted”, to eliminate unnecessary words. The words “the action” are substituted for “the same accordingly”, and the words “If the Administrator decides the action is warranted, the Administrator shall affirm the action” are substituted for “otherwise, such action shall be affirmed”, for clarity. The text of 49 App.:1355(b) (proviso) is omitted as unnecessary because of 5:559 (last sentence).
Effective Date of 2003 Amendment
Pub. L. 108–176, title II, §227(a), Dec. 12, 2003, 117 Stat. 2531, provided that the amendment made by section 227(a) is effective on the last day of the 7-year period beginning on Dec. 12, 2003.
Development of Analytical Tools and Certification Methods
Pub. L. 108–176, title VII, §706, Dec. 12, 2003, 117 Stat. 2582, provided that: “The Federal Aviation Administration shall conduct research to promote the development of analytical tools to improve existing certification methods and to reduce the overall costs for the certification of new products.”
§44703. Airman certificates
(a)
(b)
(A) be numbered and recorded by the Administrator of the Federal Aviation Administration;
(B) contain the name, address, and description of the individual to whom the certificate is issued;
(C) contain terms the Administrator decides are necessary to ensure safety in air commerce, including terms on the duration of the certificate, periodic or special examinations, and tests of physical fitness;
(D) specify the capacity in which the holder of the certificate may serve as an airman with respect to an aircraft; and
(E) designate the class the certificate covers.
(2) A certificate issued to a pilot serving in scheduled air transportation shall have the designation “airline transport pilot” of the appropriate class.
(c)
(1)
(2)
(3)
(d)
(A) is suspended at the time of denial; or
(B) was revoked within one year from the date of the denial.
(2) The Board shall conduct a hearing on the appeal at a place convenient to the place of residence or employment of the applicant. The Board is not bound by findings of fact of the Administrator of the Federal Aviation Administration but is bound by all validly adopted interpretations of laws and regulations the Administrator carries out unless the Board finds an interpretation is arbitrary, capricious, or otherwise not according to law. At the end of the hearing, the Board shall decide whether the individual meets the applicable regulations and standards. The Administrator is bound by that decision.
(e)
(1) restrict or prohibit issuing an airman certificate to an alien; or
(2) make issuing the certificate to an alien dependent on a reciprocal agreement with the government of a foreign country.
(f)
(1) when the Administrator decides that issuing the certificate will facilitate law enforcement efforts; and
(2) as provided in section 44710(e)(2) of this title.
(g)
(A) the use of fictitious names and addresses by applicants for those certificates.
(B) the use of stolen or fraudulent identification in applying for those certificates.
(C) the use by an applicant of a post office box or “mail drop” as a return address to evade identification of the applicant's address.
(D) the use of counterfeit and stolen airman certificates by pilots.
(E) the absence of information about physical characteristics of holders of those certificates.
(2) The Administrator of the Federal Aviation Administration shall prescribe regulations to carry out paragraph (1) of this subsection and provide a written explanation of how the regulations address each of the deficiencies and abuses described in paragraph (1). In prescribing the regulations, the Administrator of the Federal Aviation Administration shall consult with the Administrator of Drug Enforcement, the Commissioner of Customs, other law enforcement officials of the United States Government, representatives of State and local law enforcement officials, representatives of the general aviation aircraft industry, representatives of users of general aviation aircraft, and other interested persons.
(3) For purposes of this section, the term “acts of terrorism” means an activity that involves a violent act or an act dangerous to human life that is a violation of the criminal laws of the United States or of any State, or that would be a criminal violation if committed within the jurisdiction of the United States or of any State, and appears to be intended to intimidate or coerce a civilian population to influence the policy of a government by intimidation or coercion or to affect the conduct of a government by assassination or kidnaping.
(4) The Administrator is authorized and directed to work with State and local authorities, and other Federal agencies, to assist in the identification of individuals applying for or holding airmen certificates.
(h)
(1)
(A)
(i) current airman certificates (including airman medical certificates) and associated type ratings, including any limitations to those certificates and ratings; and
(ii) summaries of legal enforcement actions resulting in a finding by the Administrator of a violation of this title or a regulation prescribed or order issued under this title that was not subsequently overturned.
(B)
(i) records pertaining to the individual that are maintained by an air carrier (other than records relating to flight time, duty time, or rest time) under regulations set forth in—
(I) section 121.683 of title 14, Code of Federal Regulations;
(II) paragraph (A) of section VI, appendix I, part 121 of such title;
(III) paragraph (A) of section IV, appendix J, part 121 of such title;
(IV) section 125.401 of such title; and
(V) section 135.63(a)(4) of such title; and
(ii) other records pertaining to the individual's performance as a pilot that are maintained by the air carrier or person concerning—
(I) the training, qualifications, proficiency, or professional competence of the individual, including comments and evaluations made by a check airman designated in accordance with section 121.411, 125.295, or 135.337 of such title;
(II) any disciplinary action taken with respect to the individual that was not subsequently overturned; and
(III) any release from employment or resignation, termination, or disqualification with respect to employment.
(C)
(2)
(A) shall be required to obtain written consent to the release of those records from the individual that is the subject of the records requested; and
(B) may, notwithstanding any other provision of law or agreement to the contrary, require the individual who is the subject of the records to request to execute a release from liability for any claim arising from the furnishing of such records to or the use of such records by such air carrier (other than a claim arising from furnishing information known to be false and maintained in violation of a criminal statute).
(3) 5-
(4)
(5)
(6)
(A) on or before the 20th day following the date of receipt of the request, written notice of the request and of the individual's right to receive a copy of such records; and
(B) in accordance with paragraph (10), a copy of such records, if requested by the individual.
(7)
(8)
(A) standard forms that may be used by an air carrier to request records under paragraph (1); and
(B) standard forms that may be used by an air carrier to—
(i) obtain the written consent of the individual who is the subject of a request under paragraph (1); and
(ii) inform the individual of—
(I) the request; and
(II) the individual right of that individual to receive a copy of any records furnished in response to the request.
(9)
(10)
(11)
(12)
(A) recommendations by the Administrator concerning proposed changes to Federal Aviation Administration records, air carrier records, and other records required to be furnished under subparagraphs (A) and (B) of paragraph (1); or
(B) reasons why the Administrator does not recommend any proposed changes to the records referred to in subparagraph (A).
(13)
(A) to protect—
(i) the personal privacy of any individual whose records are requested under paragraph (1) and disseminated under paragraph (15); and
(ii) the confidentiality of those records;
(B) to preclude the further dissemination of records received under paragraph (1) by the person who requested those records; and
(C) to ensure prompt compliance with any request made under paragraph (1).
(14)
(A)
(B)
(15)
(i)
(1)
(A) the air carrier requesting the records of that individual under subsection (h)(1);
(B) a person who has complied with such request;
(C) a person who has entered information contained in the individual's records; or
(D) an agent or employee of a person described in subparagraph (A) or (B);
in the nature of an action for defamation, invasion of privacy, negligence, interference with contract, or otherwise, or under any Federal or State law with respect to the furnishing or use of such records in accordance with subsection (h).
(2)
(3)
(A) the person knows is false; and
(B) was maintained in violation of a criminal statute of the United States.
(j)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1186; Pub. L. 106–181, title VII, §715, Apr. 5, 2000, 114 Stat. 162; Pub. L. 107–71, title I, §§129, 138(b), 140(a), Nov. 19, 2001, 115 Stat. 633, 640, 641.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44703(a) | 49 App.:1422(b)(1) (1st sentence, 2d sentence words before 6th comma). | Aug. 23, 1958, Pub. L. 85–726, §602(b)(1), 72 Stat. 776; Oct. 19, 1984, Pub. L. 98–499, §3, 98 Stat. 2313; Aug. 26, 1992, Pub. L. 102–345, §4, 106 Stat. 926. |
| 49 App.:1655(c)(1). | Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444. | |
| 44703(b) | 49 App.:1422(a) (11th–last words). | Aug. 23, 1958, Pub. L. 85–726, §602(a) (9th–last words), (c), 72 Stat. 776. |
| 49 App.:1422(b)(1) (2d sentence words after 6th comma), (c). | ||
| 49 App.:1655(c)(1). | ||
| 44703(c)(1) | 49 App.:1422(b)(1) (3d sentence). | |
| 44703(c)(2) | 49 App.:1422(b)(1) (4th, 5th sentences, last sentence words before proviso). | |
| 49 App.:1655(c)(1). | ||
| 44703(d) | 49 App.:1422(b)(1) (last sentence proviso). | |
| 49 App.:1655(c)(1). | ||
| 44703(e) | 49 App.:1422(b)(2)(A), (B). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §602(b)(2)(A), (B); added Oct. 19, 1984, Pub. L. 98–499, §3, 98 Stat. 2313; restated Nov. 18, 1988, Pub. L. 100–690, §7204(a), 102 Stat. 4425. |
| 44703(f)(1) | 49 App.:1422(d). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §602(d); added Nov. 18, 1988, Pub. L. 100–690, §7205(a), 102 Stat. 4426. |
| 44703(f)(2) | 49 App.:1401 (note). | Nov. 18, 1988, Pub. L. 100–690, §7207(a) (1st sentence), (b), 102 Stat. 4427. |
In subsections (a)–(d), the word “Administrator” in section 602(a), (b)(1), and (c) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 776) is retained on authority of 49:106(g).
In subsection (a), the text of 49 App.:1422(b) (1st sentence) is omitted as surplus. The words “is qualified” are substituted for “possesses proper qualifications” to eliminate unnecessary words. The words “to be authorized by the certificate” are substituted for “for which the airman certificate is sought” for clarity.
In subsection (b)(1)(C), the words “conditions, and limitations” are omitted as being included in “terms”.
In subsection (b)(1)(E), the word “designate” is substituted for “be entitled with the designation of” to eliminate unnecessary words.
In subsection (c)(1), before clause (A), the words “may appeal . . . to” are substituted for “may file with . . . a petition for review of the Secretary of Transportation's action” for consistency with section 1109 of the revised title. The words “the individual holds a certificate that” are substituted for “persons whose certificates” for clarity.
In subsection (c)(2), the words “conduct a hearing on the appeal” are substituted for “thereupon assign such petition for hearing” for consistency. The words “In the conduct of such hearing and in determining whether the airman meets the pertinent rules, regulations, or standards” are omitted as surplus. The word “Administrator” is substituted for “Federal Aviation Administration” because of 49:106(b) and (g). The words “meets the applicable regulations” are substituted for “meets the pertinent rules, regulations” because “rules” and “regulations” are synonymous and for consistency in the revised title.
In subsection (d), before clause (1), the words “in his discretion” are omitted as surplus. In clause (2), the words “the terms of” and “entered into” are omitted as surplus. The words “government of a foreign country” are substituted for “foreign governments” for consistency in the revised title and with other titles of the United States Code.
In subsection (f)(1), before clause (A), the words “established under this chapter” and “to pilots” are omitted as surplus.
In subsection (f)(2), the words “Not later than September 18, 1989” and “final” are omitted as obsolete. The words “Administrator of Drug Enforcement” are substituted for “Drug Enforcement Administration of the Department of Justice” because of section 5(a) of Reorganization Plan No. 2 of 1973 (eff. July 1, 1973, 87 Stat. 1092). The words “Commissioner of Customs” are substituted for “United States Customs Service” because of 19:2071.
References in Text
The date of the enactment of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century, referred to in subsec. (c)(1), (3), is the date of enactment of Pub. L. 106–181, which was approved Apr. 5, 2000.
The date of the enactment of the Pilot Records Improvement Act of 1996, referred to in subsec. (h)(12), is the date of enactment of Pub. L. 104–264, which was approved Oct. 9, 1996.
Codification
The text of section 44936(f) to (h) of this title, which was transferred to the end of this section, redesignated as subsecs. (h) to (j), respectively, and amended by Pub. L. 107–71, §§138(b), 140(a), was based on Pub. L. 104–264, title V, §502(a), Oct. 9, 1996, 110 Stat. 3259; amended Pub. L. 105–102, §2(25), Nov. 20, 1997, 111 Stat. 2205; Pub. L. 105–142, §1, Dec. 5, 1997, 111 Stat. 2650; Pub. L. 106–181, title V, §508(b), Apr. 5, 2000, 114 Stat. 140.
Amendments
2001—Subsec. (g)(1). Pub. L. 107–71, §129(1), in first sentence, substituted “needs of airmen” for “needs of pilots” and inserted “and related to combating acts of terrorism” before period at end.
Subsec. (g)(3), (4). Pub. L. 107–71, §129(2), added pars. (3) and (4).
Subsecs. (h) to (j). Pub. L. 107–71, §§138(b), 140(a), amended section identically, redesignating subsecs. (f) to (h) of section 44936 of this title as subsecs. (h) to (j), respectively, of this section, and substituting “subsection (h)” for “subsection (f)” wherever appearing in subsecs. (i) and (j). See Codification note above.
2000—Subsecs. (c) to (g). Pub. L. 106–181 added subsec. (c) and redesignated former subsecs. (c) to (f) as (d) to (g), respectively.
Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
Improved Pilot Licenses
Pub. L. 108–458, title IV, §4022, Dec. 17, 2004, 118 Stat. 3723, provided that:
“(a)
“(b)
“(1) be resistant to tampering, alteration, and counterfeiting;
“(2) include a photograph of the individual to whom the license is issued; and
“(3) be capable of accommodating a digital photograph, a biometric identifier, or any other unique identifier that the Administrator considers necessary.
“(c)
“(d)
Crediting of Law Enforcement Flight Time
Pub. L. 106–424, §14, Nov. 1, 2000, 114 Stat. 1888, provided that: “In determining whether an individual meets the aeronautical experience requirements imposed under section 44703 of title 49, United States Code, for an airman certificate or rating, the Secretary of Transportation shall take into account any time spent by that individual operating a public aircraft as defined in section 40102 of title 49, United States Code, if that aircraft is—
“(1) identifiable by category and class; and
“(2) used in law enforcement activities.”
§44704. Type certificates, production certificates, airworthiness certificates, and design organization certificates
(a)
(1)
(2)
(A) specify in regulations those appliances that reasonably require a type certificate in the interest of safety;
(B) include in a type certificate terms required in the interest of safety; and
(C) record on the certificate a numerical specification of the essential factors related to the performance of the aircraft, aircraft engine, or propeller for which the certificate is issued.
(3)
(4)
(b)
(1)
(2)
(3)
(c)
(d)
(2) A person applying for the issuance or renewal of an airworthiness certificate for an aircraft for which ownership has not been recorded under section 44107 or 44110 of this title must submit with the application information related to the ownership of the aircraft the Administrator decides is necessary to identify each person having a property interest in the aircraft and the kind and extent of the interest.
(e)
(1)
(2)
(3)
(4)
(5)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1188; Pub. L. 104–264, title IV, §403, Oct. 9, 1996, 110 Stat. 3256; Pub. L. 108–176, title II, §227(b)(2), (e)(1), title VIII, §811, Dec. 12, 2003, 117 Stat. 2531, 2532, 2590; Pub. L. 109–59, title IV, §4405, Aug. 10, 2005, 119 Stat. 1776.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44704(a)(1) | 49 App.:1423(a)(2) (1st–4th sentences). | Aug. 23, 1958, Pub. L. 85–726, §§503(h), 603(a)(1) (related to regulations for appliances), (2), (b) (related to basis for issuing, and contents of, certificates), (c) (related to basis for issuing, and contents of, certificates), 72 Stat. 774, 776. |
| 49 App.:1655(c)(1). | Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444. | |
| 44704(a)(2) | 49 App.:1423(a)(1) (related to regulations for appliances), (2) (5th, last sentences). | |
| 49 App.:1655(c)(1). | ||
| 44704(b) | 49 App.:1423(b) (related to basis for issuing, and contents of, certificates). | |
| 49 App.:1655(c)(1). | ||
| 44704(c)(1) | 49 App.:1423(c) (related to basis for issuing, and contents of, certificates). | |
| 49 App.:1655(c)(1). | ||
| 44704(c)(2) | 49 App.:1403(h). | |
| 49 App.:1655(c)(1). |
In subsections (a)–(c)(1), the word “Administrator” in section 603 of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 776) is retained on authority of 49:106(g).
In subsection (a)(1), the text of 49 App.:1423(a)(2) (1st sentence 1st–16th words) and the words “in regulations” are omitted as surplus. The words “properly designed and manufactured, performs properly” are substituted for “of proper design, material, specification, construction, and performance for safe operation” to eliminate unnecessary words. The word “rules” is omitted as being synonymous with “regulations”. The words “under section 44701(a) of this title” and “for a type certificate” are added for clarity. The words “including flight tests and tests of raw materials or any part or appurtenance of such aircraft, aircraft engine, propeller, or appliance” are omitted as surplus.
In subsection (a)(2)(A), the words “issuance of” are omitted as surplus.
In subsection (a)(2)(B), the words “the duration thereof and such other” are omitted as surplus. The words “conditions, and limitations” are omitted as being included in “terms”.
In subsection (a)(2)(C), the words “issued for aircraft, aircraft engines, or propellers” and “all of” are omitted as surplus. The word “specification” is substituted for “determination” for clarity.
In subsection (b), the word “satisfactorily” is omitted as surplus. The words “shall inspect, and may require testing of, a duplicate to ensure that it conforms to the requirements of the certificate” are substituted for “shall make such inspection and may require such tests of any aircraft, aircraft engine, propeller, or appliance manufactured under a production certificate as may be necessary to assure manufacture of each unit in conformity with the type certificate or any amendment or modification thereof” to eliminate unnecessary words. The words “the duration thereof and such other . . . conditions, and limitations” are omitted as surplus.
In subsection (c)(1), the words “may apply to” are substituted for “may file with . . . an application” to eliminate unnecessary words. The words “in accordance with regulations prescribed by the Secretary of Transportation” are omitted because of 49:322(a). The words “the duration of such certificate, the type of service for which the aircraft may be used, and such other . . . conditions, and limitations” are omitted as surplus.
In subsection (c)(2), the words “having a property interest” are substituted for “who are holders of property interests” to eliminate unnecessary words.
References in Text
The date of enactment of this subsection, referred to in subsec. (e)(1), is the date of enactment of Pub. L. 108–176, which was approved Dec. 12, 2003.
Amendments
2005—Subsec. (a)(1) to (3). Pub. L. 109–59, §4405(1)–(3), (5), (6), inserted par. headings, realigned margins, and substituted “Except as provided in paragraph (4), if” for “If” in par. (3).
Subsec. (a)(4). Pub. L. 109–59, §4405(4), added par. (4).
2003—Pub. L. 108–176, §227(e)(1), added section catchline and struck out former section catchline which read as follows: “Type certificates, production certificates, and airworthiness certificates”.
Subsec. (a)(3). Pub. L. 108–176, §811, added par. (3).
Subsec. (e). Pub. L. 108–176, §227(b)(2), added subsec. (e).
1996—Subsecs. (b) to (d). Pub. L. 104–264 added subsec. (b) and redesignated former subsecs. (b) and (c) as (c) and (d), respectively.
Effective Date of 2003 Amendment
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
Effective Date of 1996 Amendment
Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title.
Plan for Development and Oversight of System for Certification of Design Organizations
Pub. L. 108–176, title II, §227(b)(1), Dec. 12, 2003, 117 Stat. 2531, provided that: “Not later than 4 years after the date of enactment of this Act [Dec. 12, 2003], the Administrator of the Federal Aviation Administration shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a plan for the development and oversight of a system for certification of design organizations to certify compliance with the requirements and minimum standards prescribed under section 44701(a) of title 49, United States Code, for the type certification of aircraft, aircraft engines, propellers, or appliances.”
§44705. Air carrier operating certificates
The Administrator of the Federal Aviation Administration shall issue an air carrier operating certificate to a person desiring to operate as an air carrier when the Administrator finds, after investigation, that the person properly and adequately is equipped and able to operate safely under this part and regulations and standards prescribed under this part. An air carrier operating certificate shall—
(1) contain terms necessary to ensure safety in air transportation; and
(2) specify the places to and from which, and the airways of the United States over which, a person may operate as an air carrier.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1189.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44705 | 49 App.:1424(b). | Aug. 23, 1958, Pub. L. 85–726, §604(b), 72 Stat. 778. |
| 49 App.:1655(c)(1). | Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444. |
In this section, the word “Administrator” in section 604(b) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 778) is retained on authority of 49:106(g). Before clause (1), the words “may file with the Secretary of Transportation an application for an air carrier operating certificate” and “the requirements of” are omitted as surplus. The word “rules” is omitted as being synonymous with “regulations”. In clause (1), the words “conditions, and limitations . . . reasonably” are omitted as surplus. In clause (2), the word “places” is substituted for “points” for consistency in the revised title. The words “under an air carrier operating certificate” are omitted as surplus.
§44706. Airport operating certificates
(a)
(1) that serves an air carrier operating aircraft designed for at least 31 passenger seats;
(2) that is not located in the State of Alaska and serves any scheduled passenger operation of an air carrier operating aircraft designed for more than 9 passenger seats but less than 31 passenger seats; and
(3) that the Administrator requires to have a certificate;
if the Administrator finds, after investigation, that the person properly and adequately is equipped and able to operate safely under this part and regulations and standards prescribed under this part.
(b)
(1) operating and maintaining adequate safety equipment, including firefighting and rescue equipment capable of rapid access to any part of the airport used for landing, takeoff, or surface maneuvering of an aircraft; and
(2) friction treatment for primary and secondary runways that the Secretary of Transportation decides is necessary.
(c)
(d)
(e)
(f)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1189; Pub. L. 104–264, title IV, §404, Oct. 9, 1996, 110 Stat. 3256.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44706(a) | 49 App.:1432(b) (1st, 2d sentences). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §612(b); added May 21, 1970, Pub. L. 91–258, §51(b)(1), 84 Stat. 234; Nov. 27, 1971, Pub. L. 92–174, §5(b), 85 Stat. 492; Sept. 3, 1982, Pub. L. 97–248, §§524(f), 525(b), 96 Stat. 697. |
| 44706(b) | 49 App.:1432(b) (3d, last sentences). | |
| 44706(c) | 49 App.:1432(c). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §612(c); added July 12, 1976, Pub. L. 94–353, §19(a), 90 Stat. 883; Sept. 3, 1982, Pub. L. 97–248, §525(c), 96 Stat. 697. |
In subsection (a), before clause (1), the words “may file with the Administrator an application for an airport operating certificate” are omitted as surplus. In clause (3), the words “the requirements of” are omitted as surplus. The word “rules” is omitted as being synonymous with “regulations”.
In subsection (b), before clause (1), the words “conditions, and limitations . . . reasonably” are omitted as surplus. In clause (2), the words “grooving or other” are omitted as surplus.
Amendments
1996—Subsec. (a). Pub. L. 104–264, §404(a), added par. (2), redesignated former par. (2) as (3), substituted “if” for “(3) when” in former par. (3) and adjusted the margins of that par. to make it a flush provision following par. (3).
Subsec. (d). Pub. L. 104–264, §404(b), added subsec. (d).
Subsec. (e). Pub. L. 104–264, §404(c), added subsec. (e).
Subsec. (f). Pub. L. 104–264, §404(d), added subsec. (f).
Effective Date of 1996 Amendment
Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title.
Improvement of Runway Safety Areas
Pub. L. 109–115, div. A, title I, Nov. 30, 2005, 119 Stat. 2401, provided in part: “That not later than December 31, 2015, the owner or operator of an airport certificated under 49 U.S.C. 44706 shall improve the airport's runway safety areas to comply with the Federal Aviation Administration design standards required by 14 CFR part 139: Provided further, That the Federal Aviation Administration shall report annually to the Congress on the agency's progress toward improving the runway safety areas at 49 U.S.C. 44706 airports.”
Small Airport Certification
Pub. L. 106–181, title V, §518, Apr. 5, 2000, 114 Stat. 145, provided that: “Not later than 60 days after the date of the enactment of this Act [Apr. 5, 2000], the Administrator [of the Federal Aviation Administration] shall issue a notice of proposed rulemaking on implementing section 44706(a)(2) of title 49, United States Code, relating to issuance of airport operating certificates for small scheduled passenger air carrier operations. Not later than 1 year after the last day of the period for public comment provided for in the notice of proposed rulemaking, the Administrator shall issue a final rule on implementing such program.”
§44707. Examining and rating air agencies
The Administrator of the Federal Aviation Administration may examine and rate the following air agencies:
(1) civilian schools giving instruction in flying or repairing, altering, and maintaining aircraft, aircraft engines, propellers, and appliances, on the adequacy of instruction, the suitability and airworthiness of equipment, and the competency of instructors.
(2) repair stations and shops that repair, alter, and maintain aircraft, aircraft engines, propellers, and appliances, on the adequacy and suitability of the equipment, facilities, and materials for, and methods of, repair and overhaul, and the competency of the individuals doing the work or giving instruction in the work.
(3) other air agencies the Administrator decides are necessary in the public interest.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1190.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44707 | 49 App.:1427 (1st sentence). | Aug. 23, 1958, Pub. L. 85–726, §607 (1st sentence), 72 Stat. 779. |
| 49 App.:1655(c)(1). | Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444. |
In this section, the word “Administrator” in section 607 (1st sentence) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 779) is retained on authority of 49:106(g). In clauses (1) and (2), the word “overhaul” is omitted as surplus. In clause (1), the words “course of” are omitted as surplus. In clause (3), the words “in his opinion” are omitted as surplus.
Aircraft Repair and Maintenance Advisory Panel
Pub. L. 106–181, title VII, §734, Apr. 5, 2000, 114 Stat. 170, provided that:
“(a)
“(1) shall establish an aircraft repair and maintenance advisory panel to review issues related to the use and oversight of aircraft and aviation component repair and maintenance facilities (in this section referred to as ‘aircraft repair facilities’) located within, or outside of, the United States; and
“(2) may seek the advice of the panel on any issue related to methods to increase safety by improving the oversight of aircraft repair facilities.
“(b)
“(1) nine members appointed by the Administrator as follows:
“(A) three representatives of labor organizations representing aviation mechanics;
“(B) one representative of cargo air carriers;
“(C) one representative of passenger air carriers;
“(D) one representative of aircraft repair facilities;
“(E) one representative of aircraft manufacturers;
“(F) one representative of on-demand passenger air carriers and corporate aircraft operations; and
“(G) one representative of regional passenger air carriers;
“(2) one representative from the Department of Commerce, designated by the Secretary of Commerce;
“(3) one representative from the Department of State, designated by the Secretary of State; and
“(4) one representative from the Federal Aviation Administration, designated by the Administrator.
“(c)
“(1) determine the amount and type of work that is being performed by aircraft repair facilities located within, and outside of, the United States; and
“(2) provide advice and counsel to the Secretary [of Transportation] with respect to the aircraft and aviation component repair work performed by aircraft repair facilities and air carriers, staffing needs, and any balance of trade or safety issues associated with that work.
“(d)
“(1)
“(2)
“(3)
“(e)
“(f)
“(g)
“(1) the date that is 2 years after the date of the enactment of this Act [Apr. 5, 2000]; or
“(2) December 31, 2001.
“(h)
§44708. Inspecting and rating air navigation facilities
The Administrator of the Federal Aviation Administration may inspect, classify, and rate an air navigation facility available for the use of civil aircraft on the suitability of the facility for that use.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1190.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44708 | 49 App.:1426 (1st sentence). | Aug. 23, 1958, Pub. L. 85–726, §606 (1st sentence), 72 Stat. 779. |
| 49 App.:1655(c)(1). | Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444. |
The word “Administrator” in section 606 (1st sentence) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 779) is retained on authority of 49:106(g).
§44709. Amendments, modifications, suspensions, and revocations of certificates
(a)
(b)
(1) any part of a certificate issued under this chapter if—
(A) the Administrator decides after conducting a reinspection, reexamination, or other investigation that safety in air commerce or air transportation and the public interest require that action; or
(B) the holder of the certificate has violated an aircraft noise or sonic boom standard or regulation prescribed under section 44715(a) of this title; and
(2) an airman certificate when the holder of the certificate is convicted of violating section 13(a) of the Fish and Wildlife Act of 1956 (16 U.S.C. 742j–1(a)).
(c)
(d)
(A) if the order was issued under subsection (b)(1)(A) of this section, that safety in air commerce or air transportation and the public interest do not require affirmation of the order; or
(B) if the order was issued under subsection (b)(1)(B) of this section—
(i) that control or abatement of aircraft noise or sonic boom and the public health and welfare do not require affirmation of the order; or
(ii) the order, as it is related to a violation of aircraft noise or sonic boom standards and regulations, is not consistent with safety in air commerce or air transportation.
(2) The Board may modify a suspension or revocation of a certificate to imposition of a civil penalty.
(3) When conducting a hearing under this subsection, the Board is not bound by findings of fact of the Administrator but is bound by all validly adopted interpretations of laws and regulations the Administrator carries out and of written agency policy guidance available to the public related to sanctions to be imposed under this section unless the Board finds an interpretation is arbitrary, capricious, or otherwise not according to law.
(e)
(1)
(2)
(3)
(4)
(f)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1190; Pub. L. 106–181, title VII, §716, Apr. 5, 2000, 114 Stat. 162; Pub. L. 108–176, title II, §227(c), Dec. 12, 2003, 117 Stat. 2532.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44709(a) | 49 App.:1429(a) (1st sentence). | Aug. 23, 1958, Pub. L. 85–726, §609(a) (1st–7th sentences, 8th–last sentences less Administrator under title VII), 72 Stat. 779; Nov. 18, 1971, Pub. L. 92–159, §2(a), 85 Stat. 481; Nov. 27, 1971, Pub. L. 92–174, §6, 85 Stat. 492; Aug. 26, 1992, Pub. L. 102–345, §3(a)(1), 106 Stat. 925. |
| 49 App.:1655(c)(1). | Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444. | |
| 44709(b) | 49 App.:1429(a) (2d sentence). | |
| 49 App.:1429(b). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §609(b); added Nov. 18, 1971, Pub. L. 92–159, §2(a), 85 Stat. 481. | |
| 49 App.:1431(e) (words before 4th comma). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §611(e); added July 21, 1968, Pub. L. 90–411, §1, 82 Stat. 395; restated Oct. 27, 1972, Pub. L. 92–574, §7(b), 86 Stat. 1241. | |
| 49 App.:1655(c)(1). | ||
| 44709(c) | 49 App.:1429(a) (3d sentence). | |
| 49 App.:1431(e) (words between 4th and 5th commas). | ||
| 49 App.:1655(c)(1). | ||
| 44709(d)(1) | 49 App.:1429(a) (4th sentence). | |
| 49 App.:1431(e) (words after 4th comma). | ||
| 44709(d)(2) | 49 App.:1429(a) (6th sentence). | |
| 44709(d)(3) | 49 App.:1429(a) (5th sentence). | |
| 49 App.:1655(c)(1). | ||
| 44709(e) | 49 App.:1429(a) (7th sentence). | |
| 49 App.:1655(c)(1). | ||
| 44709(f) | 49 App.:1429(a) (8th–last sentences less Administrator under subch. VII). | |
| 49 App.:1655(c)(1). |
In this section, the word “Administrator” in section 609(a) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 779) is retained on authority of 49:106(g). The words “modifying”, “modify”, and “modified” are omitted as surplus.
In subsection (a), the words “airman holding a certificate issued under section 44703 of this title” are substituted for “civil airman” for clarity.
In subsection (b)(1), before subclause (A), the words “certificate issued under this chapter” are substituted for “type certificate, production certificate, airworthiness certificate, airman certificate, air carrier operating certificate, air navigation facility certificate (including airport operating certificate), or air agency certificate” to eliminate unnecessary words.
In subsection (b)(2), the words “in his discretion” and “regarding the use or operation of an aircraft” in 49 App.:1429(b) are omitted as surplus.
In subsection (c), the words “cases of” in 49 App.:1429(a) are omitted as surplus.
In subsection (d)(1), before clause (A), the word “adversely” is substituted for “whose certificate is” in 49 App.:1429(a), and the words “an opportunity for a” are added, for consistency in the revised title and with other titles of the United States Code. The words “of the FAA” in 49 App.:1431(e) are omitted as surplus.
In subsection (d)(2), the words “consistent with this subsection” are omitted as surplus.
In subsection (d)(3), the word “Administrator” is substituted for “Federal Aviation Administration” because of 49:106(b) and (g).
In subsection (e), before clause (1), the words “the effectiveness of” are omitted as surplus.
Amendments
2003—Subsec. (a). Pub. L. 108–176 inserted “design organization, production certificate holder,” after “appliance,”.
2000—Subsec. (e). Pub. L. 106–181 amended heading and text of subsec. (e) generally. Prior to amendment, text read as follows: “When a person files an appeal with the Board under subsection (d) of the section, the order of the Administrator is stayed. However, if the Administrator advises the Board that an emergency exists and safety in air commerce or air transportation requires the order to be effective immediately—
“(1) the order is effective; and
“(2) the Board shall make a final disposition of the appeal not later than 60 days after the Administrator so advises the Board.”
Effective Date of 2003 Amendment
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
§44710. Revocations of airman certificates for controlled substance violations
(a)
(b)
(A) an aircraft was used to commit, or facilitate the commission of, the offense; and
(B) the individual served as an airman, or was on the aircraft, in connection with committing, or facilitating the commission of, the offense.
(2) The Administrator shall issue an order revoking an airman certificate issued an individual under section 44703 of this title if the Administrator finds that—
(A) the individual knowingly carried out an activity punishable, under a law of the United States or a State related to a controlled substance (except a law related to simple possession of a controlled substance), by death or imprisonment for more than one year;
(B) an aircraft was used to carry out or facilitate the activity; and
(C) the individual served as an airman, or was on the aircraft, in connection with carrying out, or facilitating the carrying out of, the activity.
(3) The Administrator has no authority under paragraph (1) of this subsection to review whether an airman violated a law of the United States or a State related to a controlled substance.
(c)
(1) advise the holder of the certificate of the charges or reasons on which the Administrator relies for the proposed revocation; and
(2) provide the holder of the certificate an opportunity to answer the charges and be heard why the certificate should not be revoked.
(d)
(2) When an individual files an appeal with the Board under this subsection, the order of the Administrator revoking the certificate is stayed. However, if the Administrator advises the Board that safety in air transportation or air commerce requires the immediate effectiveness of the order—
(A) the order remains effective; and
(B) the Board shall make a final disposition of the appeal not later than 60 days after the Administrator so advises the Board.
(3) An individual substantially affected by an order of the Board under this subsection, or the Administrator when the Administrator decides that an order of the Board will have a significant adverse effect on carrying out this part, may obtain judicial review of the order under section 46110 of this title. The Administrator shall be made a party to the judicial review proceedings. Findings of fact of the Board are conclusive if supported by substantial evidence.
(e)
(2) If the Administrator has revoked an airman certificate under this section because of an activity described in subsection (b)(2)(A) of this section, the Administrator shall reissue a certificate to the individual if—
(A) the individual otherwise satisfies the requirements for a certificate under section 44703 of this title; and
(B)(i) the individual subsequently is acquitted of all charges related to a controlled substance in an indictment or information arising from the activity; or
(ii) the conviction on which a revocation under subsection (b)(1) of this section is based is reversed.
(f)
(1) a law enforcement official of the United States Government or of a State requests a waiver; and
(2) the Administrator decides that the waiver will facilitate law enforcement efforts.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1191.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44710(a) | 49 App.:1429(c)(4). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §609(c)(1), (2), (4); added Oct. 19, 1984, Pub. L. 98–499, §2(a), 98 Stat. 2312, 2313. |
| 44710(b)(1) | 49 App.:1429(c)(1) (1st sentence). | |
| 44710(b)(2) | 49 App.:1429(c)(2) (1st sentence). | |
| 44710(b)(3) | 49 App.:1429(c)(1) (last sentence). | |
| 44710(c) | 49 App.:1429(c)(3) (1st sentence). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §609(c)(3); added Oct. 19, 1984, Pub. L. 98–499, §2(a), 98 Stat. 2312; Aug. 26, 1992, Pub. L. 102–345, §3(b), 106 Stat. 926. |
| 44710(d) | 49 App.:1429(c)(3) (2d–last sentences). | |
| 44710(e)(1) | 49 App.:1429(c)(2) (last sentence). | |
| 44710(e)(2) | 49 App.:1422(b)(2)(C). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §602(b)(2)(C); added Oct. 19, 1984, Pub. L. 98–499, §3, 98 Stat. 2313. |
| 44710(f) | 49 App.:1429(c)(5). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §609(c)(5); added Nov. 18, 1988, Pub. L. 100–690, §7204(b), 102 Stat. 4425. |
In subsection (b)(1) and (2), before each clause (A), the words “of any person” are omitted as surplus. The words “issued . . . under section 44703 of this title” are added for clarity.
In subsection (b)(1), the word “offense” is substituted for “crime” for consistency in the revised title and with other titles of the United States Code.
In subsection (b)(2)(C), the words “in connection with carrying out, or facilitating the carrying out of, the activity” are substituted for “in connection with such activity or the facilitation of such activity” for consistency with the source provisions restated in paragraph (1)(B) of this subsection.
In subsection (d)(1), the word “Administrator” is substituted for “Federal Aviation Administration” because of 49:106(b) and (g).
In subsection (e)(1), the words “on appeal” and “contained” are omitted as surplus.
In subsection (e)(2)(B)(i), the word “contained” is omitted as surplus.
In subsection (e)(2)(B)(ii), the words “judgment of” are omitted as surplus.
§44711. Prohibitions and exemption
(a)
(1) operate a civil aircraft in air commerce without an airworthiness certificate in effect or in violation of a term of the certificate;
(2) serve in any capacity as an airman with respect to a civil aircraft, aircraft engine, propeller, or appliance used, or intended for use, in air commerce—
(A) without an airman certificate authorizing the airman to serve in the capacity for which the certificate was issued; or
(B) in violation of a term of the certificate or a regulation prescribed or order issued under section 44701(a) or (b) or any of sections 44702–44716 of this title;
(3) employ for service related to civil aircraft used in air commerce an airman who does not have an airman certificate authorizing the airman to serve in the capacity for which the airman is employed;
(4) operate as an air carrier without an air carrier operating certificate or in violation of a term of the certificate;
(5) operate aircraft in air commerce in violation of a regulation prescribed or certificate issued under section 44701(a) or (b) or any of sections 44702–44716 of this title;
(6) operate a seaplane or other aircraft of United States registry on the high seas in violation of a regulation under section 3 of the International Navigational Rules Act of 1977 (33 U.S.C. 1602);
(7) violate a term of an air agency, design organization certificate, or production certificate or a regulation prescribed or order issued under section 44701(a) or (b) or any of sections 44702–44716 of this title related to the holder of the certificate;
(8) operate an airport without an airport operating certificate required under section 44706 of this title or in violation of a term of the certificate; or
(9) manufacture, deliver, sell, or offer for sale any aviation fuel or additive in violation of a regulation prescribed under section 44714 of this title.
(b)
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1193; Pub. L. 103–429, §6(56), Oct. 31, 1994, 108 Stat. 4385; Pub. L. 106–181, title V, §505(b), Apr. 5, 2000, 114 Stat. 136; Pub. L. 108–176, title II, §227(d), Dec. 12, 2003, 117 Stat. 2532.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44711(a)(1) | 49 App.:1430(a)(1). | Aug. 23, 1958, Pub. L. 85–726, §610(a)(1)–(5), (b), 72 Stat. 780. |
| 44711(a)(2) | 49 App.:1430(a)(2). | |
| 44711(a)(3) | 49 App.:1430(a)(3). | |
| 44711(a)(4) | 49 App.:1430(a)(4). | |
| 44711(a)(5) | 49 App.:1430(a)(5). | |
| 44711(a)(6) | 49 App.:1430(a)(6). | Aug. 23, 1958, Pub. L. 85–726, §610(a)(6), 72 Stat. 780; May 21, 1970, Pub. L. 91–258, §51(b)(3)(A), 84 Stat. 235. |
| 44711(a)(7) | 49 App.:1430(a)(7). | Aug. 23, 1958, Pub. L. 85–726, §610(a)(7), 72 Stat. 780; May 21, 1970, Pub. L. 91–258, §51(b)(3)(B), 84 Stat. 235; Dec. 31, 1970, Pub. L. 91–604, §11(b)(2), 84 Stat. 1705. |
| 44711(a)(8) | 49 App.:1430(a)(8). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §610(a)(8); added May 21, 1970, Pub. L. 91–258, §51(b)(3)(C), 84 Stat. 235; Dec. 31, 1970, Pub. L. 91–604, §11(b)(2), 84 Stat. 1705; restated Sept. 3, 1982, Pub. L. 97–248, §525(d), 96 Stat. 697. |
| 44711(a)(9) | 49 App.:1430(a)(9). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §610(a)(9); added Dec. 31, 1970, Pub. L. 91–604, §11(b)(2), 84 Stat. 1705; Nov. 9, 1977, Pub. L. 95–163, §15(b)(2), 91 Stat. 1283. |
| 44711(b) | 49 App.:1430(b). | |
| 49 App.:1655(c)(1). | Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444. |
In subsection (a)(1) and (7), the words “condition, or limitation” are omitted as being included in “term”.
In subsection (a)(1), the words “without . . . in effect” are substituted for “for which there is not currently in effect an” to eliminate unnecessary words.
In subsection (a)(2), (5), and (7), the word “rule” is omitted as being synonymous with “regulations”.
In subsection (a)(2)(B), the word “prescribed” is added for consistency in the revised title and with other titles of the United States Code.
In subsection (a)(5) and (7), the words “prescribed . . . issued” are added for consistency in the revised title and with other titles of the Code.
In subsection (a)(5), the words “of the Secretary of Transportation” are omitted as surplus.
In subsection (a)(6), the words “proclaimed by the President” are omitted as surplus. The words “section 3 of the International Navigational Rules Act of 1977 (33 U.S.C. 1602)” are substituted for “section 143 of title 33” because the section was part of the Act of October 11, 1951 (ch. 495, 65 Stat. 406), that was repealed by section 3 of the Act of September 24, 1963 (Public Law 88–131, 77 Stat. 194), and replaced by 33:ch. 21. Chapter 21 was repealed by section 10 of the International Navigational Rules Act of 1977 (Public Law 95–75, 91 Stat. 311) and replaced by 33:1601–1608.
In subsection (a)(7), the words “holding . . . such certificate” are omitted because of the restatement.
In subsection (a)(8), the words “by the Administrator” are omitted as surplus.
In subsection (b), the word “Administrator” in section 610(b) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 780) is retained on authority of 49:106(g). The words “to the extent, and . . . and conditions” and “by such airmen” are omitted as surplus.
Pub. L. 103–429
This amends 49:44711(a)(2)(B), (5), and (7) and 46310(b) to correct erroneous cross-references.
Amendments
2003—Subsec. (a)(7). Pub. L. 108–176 substituted “agency, design organization certificate,” for “agency”.
2000—Subsec. (c). Pub. L. 106–181 added subsec. (c).
1994—Subsec. (a)(2)(B), (5), (7). Pub. L. 103–429 inserted “any of sections” before “44702–44716”.
Effective Date of 2003 Amendment
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
§44712. Emergency locator transmitters
(a)
(b)
(1) turbojet-powered aircraft;
(2) aircraft when used in scheduled flights by scheduled air carriers holding certificates issued by the Secretary of Transportation under subpart II of this part;
(3) aircraft when used in training operations conducted entirely within a 50 mile radius of the airport from which the training operations begin;
(4) aircraft when used in flight operations related to design and testing, the manufacture, preparation, and delivery of the aircraft, or the aerial application of a substance for an agricultural purpose;
(5) aircraft holding certificates from the Administrator of the Federal Aviation Administration for research and development;
(6) aircraft when used for showing compliance with regulations, crew training, exhibition, air racing, or market surveys; and
(7) aircraft equipped to carry only one individual.
(c)
(1)
(A) aircraft when used in scheduled flights by scheduled air carriers holding certificates issued by the Secretary of Transportation under subpart II of this part;
(B) aircraft when used in training operations conducted entirely within a 50-mile radius of the airport from which the training operations begin;
(C) aircraft when used in flight operations related to the design and testing, manufacture, preparation, and delivery of aircraft;
(D) aircraft when used in research and development if the aircraft holds a certificate from the Administrator of the Federal Aviation Administration to carry out such research and development;
(E) aircraft when used in showing compliance with regulations, crew training, exhibition, air racing, or market surveys;
(F) aircraft when used in the aerial application of a substance for an agricultural purpose;
(G) aircraft with a maximum payload capacity of more than 18,000 pounds when used in air transportation; or
(H) aircraft equipped to carry only one individual.
(2)
(A) a safe and orderly transition to the operation of civil aircraft equipped with an emergency locator; or
(B) other safety objectives.
(d)
(e)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1194; Pub. L. 106–181, title V, §501(a), Apr. 5, 2000, 114 Stat. 131.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44712(a) | 49 App.:1421(d)(1). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §601(d)(1); added Dec. 29, 1970, Pub. L. 91–596, §31, 84 Stat. 1619; restated Jan. 2, 1974, Pub. L. 93–239, §4, 87 Stat. 1048; Nov. 9, 1977, Pub. L. 95–163, §15(a)(1), 91 Stat. 1283. |
| 44712(b) | 49 App.:1421(d)(2). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §601(d)(2); added Dec. 29, 1970, Pub. L. 91–596, §31, 84 Stat. 1619; restated Jan. 2, 1974, Pub. L. 93–239, §4, 87 Stat. 1048. |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704. | |
| 44712(c) | 49 App.:1421(d)(3). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §601(d)(3); added Nov. 9, 1977, Pub. L. 95–163, §15(a)(2), 91 Stat. 1283. |
In subsection (a), the words “Except with respect to aircraft described in paragraph (2) of this subsection and except as provided in paragraph (3) of this subsection” are omitted as surplus. The words “minimum standards pursuant to this section shall include a requirement that”, the text of 49 App.:1421(d)(1)(A), and the words “after three years and six months following such date” are omitted as executed.
In subsection (b), the word “used” is substituted for “engaged” for consistency. In clause (3), the word “training” is substituted for “local flight” for consistency. In clause (4), the words “chemicals and other” are omitted as surplus. In clause (5), the word “purposes” is omitted as surplus.
In subsection (c), the words “prescribe regulations” are substituted for “shall issue regulations . . . as he prescribes in such regulations” to eliminate unnecessary words. The words “such limitations and” and “from such aircraft” are omitted as surplus.
Amendments
2000—Subsec. (b). Pub. L. 106–181, §501(a)(1), substituted “Prior to January 1, 2002, subsection (a)” for “Subsection (a) of this section” in introductory provisions.
Subsecs. (c) to (e). Pub. L. 106–181, §501(a)(2), (3), added subsecs. (c) and (d) and redesignated former subsec. (c) as (e).
Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
Regulations
Pub. L. 106–181, title V, §501(b), Apr. 5, 2000, 114 Stat. 132, provided that: “The Secretary [of Transportation] shall issue regulations to carry out section 44712(c) of title 49, United States Code, as amended by this section, not later than January 1, 2001.”
§44713. Inspection and maintenance
(a)
(b)
(1) inspect aircraft, aircraft engines, propellers, and appliances designed for use in air transportation, during manufacture and when in use by an air carrier in air transportation, to enable the Administrator to decide whether the aircraft, aircraft engines, propellers, or appliances are in safe condition and maintained properly; and
(2) advise and cooperate with the air carrier during that inspection and maintenance.
(c)
(d)
(A) the lack of a special identification feature to allow the forms to be distinguished easily from other major repair and alteration forms.
(B) the excessive period of time required to receive the forms at the Airmen and Aircraft Registry of the Administration.
(C) the backlog of forms waiting for processing at the Registry.
(D) the lack of ready access by law enforcement officials to information contained on the forms.
(2) The Administrator of the Federal Aviation Administration shall prescribe regulations to carry out paragraph (1) of this subsection and provide a written explanation of how the regulations address each of the deficiencies and abuses described in paragraph (1). In prescribing the regulations, the Administrator of the Federal Aviation Administration shall consult with the Administrator of Drug Enforcement, the Commissioner of Customs, other law enforcement officials of the United States Government, representatives of State and local law enforcement officials, representatives of the general aviation aircraft industry, representatives of users of general aviation aircraft, and other interested persons.
(e)
(1)
(2)
(A)
(B)
(3)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1194; Pub. L. 104–264, title IV, §407(b), Oct. 9, 1996, 110 Stat. 3258.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44713(a) | 49 App.:1425(a). | Aug. 23, 1958, Pub. L. 85–726, §605(a), (b), 72 Stat. 778. |
| 49 App.:1655(c)(1). | Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444. | |
| 44713(b) | 49 App.:1425(b) (1st sentence). | |
| 49 App.:1655(c)(1). | ||
| 44713(c) | 49 App.:1425(b) (last sentence). | |
| 49 App.:1655(c)(1). | ||
| 44713(d)(1) | 49 App.:1303 (note). | Nov. 18, 1988, Pub. L. 100–690, §7214, 102 Stat. 4434. |
| 49 App.:1425(c). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §605(c); added Nov. 18, 1988, Pub. L. 100–690, §7206(a), 102 Stat. 4426. | |
| 44713(d)(2) | 49 App.:1401 (note). | Nov. 18, 1988, Pub. L. 100–690, §7207(a) (1st sentence), (b), 102 Stat. 4427. |
In subsections (a)–(c), the word “Administrator” in section 605(a) and (b) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 778) is retained on authority of 49:106(g).
In subsection (a), the word “overhaul” is omitted as being included in “repair”. The word “prescribed” is added for consistency in the revised title and with other titles of the United States Code. The words “A person operating, inspecting, overhauling, or maintaining the equipment shall comply with those requirements, regulations, and orders” are substituted for 49 App.:1425(a) (last sentence) to eliminate unnecessary words.
In subsection (b), before clause (1), the words “be charged with the duty . . . of” are omitted as surplus. In clause (1), the words “in use” are substituted for “used by an air carrier in air transportation” to eliminate unnecessary words. The words “as may be necessary” and “for operation in air transportation” are omitted as surplus.
In subsection (c), the words “in the performance of his duty”, “used or intended to be used by any air carrier in air transportation”, and “a period of” are omitted as surplus.
In subsection (d)(1), before clause (A), the words “not used to provide air transportation” are substituted for section 7214 of the Anti-Drug Abuse Act of 1988 (Public Law 100–690, 102 Stat. 4434) because of the restatement.
In subsection (d)(2), the words “Not later than September 18, 1989” and “final” are omitted as obsolete. The words “Administrator of Drug Enforcement” are substituted for “Drug Enforcement Administration of the Department of Justice” because of section 5(a) of Reorganization Plan No. 2 of 1973 (eff. July 1, 1973, 87 Stat. 1092). The words “Commissioner of Customs” are substituted for “United States Customs Service” because of 19:2071.
Amendments
1996—Subsec. (e). Pub. L. 104–264 added subsec. (e).
Effective Date of 1996 Amendment
Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title.
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
§44714. Aviation fuel standards
The Administrator of the Federal Aviation Administration shall prescribe—
(1) standards for the composition or chemical or physical properties of an aircraft fuel or fuel additive to control or eliminate aircraft emissions the Administrator of the Environmental Protection Agency decides under section 231 of the Clean Air Act (42 U.S.C. 7571) endanger the public health or welfare; and
(2) regulations providing for carrying out and enforcing those standards.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1195.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44714 | 49 App.:1421(e). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §601(e); added Dec. 31, 1970, Pub. L. 91–604, §11(b)(1), 84 Stat. 1705; Nov. 9, 1977, Pub. L. 95–163, §15(b)(1), 91 Stat. 1283. |
In this section, before clause (1), the words “and from time to time revise” are omitted as surplus. In clause (1), the words “establishing” and “the purpose of” are omitted as surplus.
§44715. Controlling aircraft noise and sonic boom
(a)
(i) standards to measure aircraft noise and sonic boom; and
(ii) regulations to control and abate aircraft noise and sonic boom.
(B) The Administrator, as the Administrator deems appropriate, shall provide for the participation of a representative of the Environmental Protection Agency on such advisory committees or associated working groups that advise the Administrator on matters related to the environmental effects of aircraft and aircraft engines.
(2) The Administrator of the Federal Aviation Administration may prescribe standards and regulations under this subsection only after consulting with the Administrator of the Environmental Protection Agency. The standards and regulations shall be applied when issuing, amending, modifying, suspending, or revoking a certificate authorized under this chapter.
(3) An original type certificate may be issued under section 44704(a) of this title for an aircraft for which substantial noise abatement can be achieved only after the Administrator of the Federal Aviation Administration prescribes standards and regulations under this section that apply to that aircraft.
(b)
(1) consider relevant information related to aircraft noise and sonic boom;
(2) consult with appropriate departments, agencies, and instrumentalities of the United States Government and State and interstate authorities;
(3) consider whether the standard or regulation is consistent with the highest degree of safety in air transportation or air commerce in the public interest;
(4) consider whether the standard or regulation is economically reasonable, technologically practicable, and appropriate for the applicable aircraft, aircraft engine, appliance, or certificate; and
(5) consider the extent to which the standard or regulation will carry out the purposes of this section.
(c)
(1) prescribe regulations as provided by this section—
(A) substantially the same as the proposed regulations submitted by the Administrator of the Environmental Protection Agency; or
(B) that amend the proposed regulations; or
(2) publish in the Federal Register—
(A) a notice that no regulation is being prescribed in response to the proposed regulations of the Administrator of the Environmental Protection Agency;
(B) a detailed analysis of, and response to, all information the Administrator of the Environmental Protection Agency submitted with the proposed regulations; and
(C) a detailed explanation of why no regulation is being prescribed.
(d)
(2) The Administrator of the Federal Aviation Administration shall report to the Administrator of the Environmental Protection Agency within the time, if any, specified in the request. However, the time specified must be at least 90 days after the date of the request. The report shall—
(A) be accompanied by a detailed statement of the findings of the Administrator of the Federal Aviation Administration and the reasons for the findings;
(B) identify any statement related to an action under subsection (c) of this section filed under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C));
(C) specify whether and where that statement is available for public inspection; and
(D) be published in the Federal Register unless the request proposes specific action by the Administrator of the Federal Aviation Administration and the report indicates that action will be taken.
(e)
(f)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1196; Pub. L. 104–264, title IV, §406(a), Oct. 9, 1996, 110 Stat. 3257.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44715(a)(1), (2) | 49 App.:1431(a), (b)(1) (1st sentence). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §611(a), (b), (d); added July 21, 1968, Pub. L. 90–411, §1, 82 Stat. 395; restated Oct. 27, 1972, Pub. L. 92–574, §7(b), 86 Stat. 1239, 1241. |
| 44715(a)(3) | 49 App.:1431(b)(2). | |
| 44715(b) | 49 App.:1431(d). | |
| 44715(c) | 49 App.:1431(c)(1). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §611(c); added July 21, 1968, Pub. L. 90–411, §1, 82 Stat. 395; restated Oct. 27, 1972, Pub. L. 92–574, §7(b), 86 Stat. 1240; Nov. 8, 1978, Pub. L. 95–609, §3, 92 Stat. 3080. |
| 44715(d) | 49 App.:1431(c)(2). | |
| 44715(e) | 49 App.:1431(c)(3). | |
| 44715(f) | 49 App.:1431(b)(1) (last sentence). |
In subsection (a)(1), before clause (A), the text of 49 App.:1431(a) is omitted because the revised section identifies the appropriate Administrator each time the Administrator is mentioned. The words “present and future” and “and amend” are omitted as surplus. In clause (B), the words “as the FAA may find necessary to provide” are omitted as surplus.
In subsection (a)(2), the word “only” is added for clarity.
Subsection (a)(3) is substituted for 49 App.:1431(b)(2) to eliminate unnecessary words.
In subsection (b), before clause (1), the words “and amending” are omitted as surplus. In clause (1), the words “available . . . including the results of research, development, testing, and evaluation activities conducted pursuant to this chapter and the Department of Transportation Act” are omitted as surplus. In clause (2), the words “departments, agencies, and instrumentalities of the United States Government and State and interstate authorities” are substituted for “Federal, State, and interstate agencies” for consistency in the revised title and with other titles of the United States Code. The words “as he deems” are omitted as surplus. In clauses (3) and (4), the word “proposed” is omitted as surplus. In clause (4), the word “applicable” is substituted for “particular type of . . . to which it will apply” to eliminate unnecessary words. In clause (5), the words “contribute to” are omitted as surplus.
In subsection (c), before clause (1), the words “Not earlier than the date of submission of the report required by section 4906 of title 42” are omitted as executed. The words “regulatory . . . over air commerce or transportation or over aircraft or airport operations” and “submitted by the EPA under this paragraph” are omitted as surplus. The word “regulations” is substituted for “rulemaking” for consistency in the revised title. The words “after they are received” are substituted for “of the date of its submission to the FAA” to eliminate unnecessary words. The words “of data, views, and arguments” are omitted as surplus. In clause (1), the words “in accordance with subsection (b) of this section” are omitted because of the restatement. In clause (2)(B), the words “documentation or other” are omitted as surplus.
In subsection (d)(1), the words “listed” and “the FAA to review, and . . . to EPA . . . by EPA” are omitted as surplus.
In subsection (d)(2), before clause (A), the words “shall complete the review requested and” are omitted as surplus. In clause (B), the words “of the FAA” are omitted as surplus.
In subsection (e), the words “actually taken . . . in response to EPA's proposed regulations” are omitted as surplus.
In subsection (f), the words “under any provision of this chapter” and “that . . . be granted” are omitted as surplus. The words “the exemption may be granted” are added for clarity.
Amendments
1996—Subsec. (a)(1). Pub. L. 104–264, which in directing the general amendment of par. (1) inserted an additional subsec. (a) designation and heading identical to the existing subsec. heading as well as restating the text of par. (1), was executed by restating the text only to reflect the probable intent of Congress. Prior to amendment, par. (1) read as follows: “To relieve and protect the public health and welfare from aircraft noise and sonic boom, the Administrator of the Federal Aviation Administration shall prescribe—
“(A) standards to measure aircraft noise and sonic boom; and
“(B) regulations to control and abate aircraft noise and sonic boom.”
Effective Date of 1996 Amendment
Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title.
§44716. Collision avoidance systems
(a)
(1) complete the development of the collision avoidance system known as TCAS–II so that TCAS–II can operate under visual and instrument flight rules and can be upgraded to the performance standards applicable to the collision avoidance system known as TCAS–III;
(2) develop and carry out a schedule for developing and certifying TCAS–II that will result in certification not later than June 30, 1989; and
(3) submit to Congress monthly reports on the progress being made in developing and certifying TCAS–II.
(b)
(1) a safe and orderly transition to the operation of a fleet of civil aircraft described in this subsection equipped with TCAS–II; or
(2) other safety objectives.
(c)
(d)
(e)
(2) Necessary amounts may be appropriated from the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502) to carry out this subsection.
(f)
(g)
(1)
(2)
(A) a safe and orderly transition to the operation of a fleet of cargo aircraft equipped with collision avoidance equipment; or
(B) other safety or public interest objectives.
(3)
(A) cockpit-based collision detection and conflict resolution guidance, including display of traffic; and
(B) a margin of safety of at least the same level as provided by the collision avoidance system known as TCAS–II.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1198; Pub. L. 106–181, title V, §502, Apr. 5, 2000, 114 Stat. 132.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44716(a) | 49 App.:1421(f)(1). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §601(f); added Dec. 30, 1987, Pub. L. 100–223, §203(b), 101 Stat. 1518; Dec. 15, 1989, Pub. L. 101–236, §2, 103 Stat. 2060. |
| 44716(b) | 49 App.:1421(f)(2), (4). | |
| 44716(c) | 49 App.:1421(f)(3). | |
| 44716(d) | 49 App.:1421(f)(5). | |
| 44716(e) | 49 App.:1421 (note). | Dec. 30, 1987, Pub. L. 100–223, §203(d), 101 Stat. 1519. |
| 44716(f) | 49 App.:1421(f)(6). |
In subsection (c), the words “In conducting the program” are omitted as surplus.
In subsection (e)(1), the word “research” is omitted as included in “developing”.
In subsection (e)(2), the words “established under section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502)” are added for consistency in the revised title.
In subsection (f), the words “Not later than 6 months after December 30, 1987, the Administrator shall promulgate a final rule” and “Such final rule” are omitted as executed.
Amendments
2000—Subsec. (g). Pub. L. 106–181 added subsec. (g).
Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
Termination of Reporting Requirements
For termination, effective May 15, 2000, of reporting provisions in subsec. (a)(3) of this section, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and the 8th item on page 138 of House Document No. 103–7.
§44717. Aging aircraft
(a)
(1) at least shall require the Administrator to make inspections, and review the maintenance and other records, of each aircraft an air carrier uses to provide air transportation that the Administrator decides may be necessary to enable the Administrator to decide whether the aircraft is in safe condition and maintained properly for operation in air transportation;
(2) at least shall require an air carrier to demonstrate to the Administrator, as part of the inspection, that maintenance of the aircraft's age-sensitive parts and components has been adequate and timely enough to ensure the highest degree of safety;
(3) shall require the air carrier to make available to the Administrator the aircraft and any records about the aircraft that the Administrator requires to carry out a review; and
(4) shall establish procedures to be followed in carrying out an inspection.
(b)
(2) Inspections under subsection (a)(1) of this section shall be carried out as provided under section 44701(a)(2)(B) and (C) of this title.
(c)
(1) a program to verify that air carriers are maintaining their aircraft according to maintenance programs approved by the Administrator;
(2) a program—
(A) to provide inspectors and engineers of the Administration with training necessary to conduct auditing inspections of aircraft operated by air carriers for corrosion and metal fatigue; and
(B) to enhance participation of those inspectors and engineers in those inspections; and
(3) a program to ensure that air carriers demonstrate to the Administrator their commitment and technical competence to ensure the airworthiness of aircraft that the carriers operate.
(d)
(A) will ensure the continuing airworthiness of aging aircraft used by foreign air carriers to provide foreign air transportation to and from the United States; and
(B) will provide passengers of those foreign air carriers with the same level of safety that will be provided passengers of air carriers by carrying out this section.
(2) Not later than September 30, 1994, the Administrator shall report to Congress on carrying out this subsection.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1199.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44717(a) | 49 App.:1421 (note). | Oct. 28, 1991, Pub. L. 102–143, §§402(a), (b)(1), (c)–(e), 405, 105 Stat. 951, 952. |
| 44717(b) | 49 App.:1421 (note). | Oct. 28, 1991, Pub. L. 102–143, §402(b)(2), (3), 105 Stat. 951. |
| 44717(c) | 49 App.:1421 (note). | Oct. 28, 1991, Pub. L. 102–143, §403, 105 Stat. 952. |
| 44717(d) | 49 App.:1421 (note). | Oct. 28, 1991, Pub. L. 102–143, §404, 105 Stat. 952. |
In subsections (a) and (c), before clause (1), the words “Not later than 180 days after the date of the enactment of this title” are omitted as obsolete.
In subsection (a), before clause (1), the text of section 405 of the Department of Transportation and Related Agencies Appropriations Act, 1992 (Public Law 102–143, 105 Stat. 952) is omitted as surplus because the complete name of the Administrator of the Federal Aviation Administration is used the first time the term appears in a section. The word “regulations” is substituted for “rule” because the terms are synonymous. In clauses (2)–(4), the words “required by the rule” are omitted as surplus. In clause (2), the words “structure, skin, and other” are omitted as surplus. In clause (3), the words “inspection, maintenance, and other” are omitted as surplus.
In subsection (c)(1), the word “Administrator” is substituted for “Federal Aviation Administration” for consistency in the revised title.
In subsection (d)(1), before clause (A), the words “governments of foreign countries” are substituted for “foreign governments” for consistency in the revised title and with other titles of the United States Code.
§44718. Structures interfering with air commerce
(a)
(1) safety in air commerce; and
(2) the efficient use and preservation of the navigable airspace and of airport traffic capacity at public-use airports.
(b)
(A) the impact on arrival, departure, and en route procedures for aircraft operating under visual flight rules;
(B) the impact on arrival, departure, and en route procedures for aircraft operating under instrument flight rules;
(C) the impact on existing public-use airports and aeronautical facilities;
(D) the impact on planned public-use airports and aeronautical facilities; and
(E) the cumulative impact resulting from the proposed construction or alteration of a structure when combined with the impact of other existing or proposed structures.
(2) On completing the study, the Secretary shall issue a report disclosing completely the extent of the adverse impact on the safe and efficient use of the navigable airspace that the Secretary finds will result from constructing or altering the structure.
(c)
(1) the receipt and consideration of, and action on, the application; and
(2) the completion of any associated aeronautical study.
(d)
(1)
(2)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1200; Pub. L. 104–264, title XII, §1220(a), Oct. 9, 1996, 110 Stat. 3286; Pub. L. 106–181, title V, §503(b), Apr. 5, 2000, 114 Stat. 133.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44718(a) | 49 App.:1501(a). | Aug. 23, 1958, Pub. L. 85–726, §1101, 72 Stat. 797; restated Dec. 30, 1987, Pub. L. 100–223, §206 (less (b)), 101 Stat. 1521; Oct. 31, 1992, Pub. L. 102–581, §203(a), 106 Stat. 4890. |
| 44718(b) | 49 App.:1501(b). | |
| 44718(c) | 49 App.:1501(c). |
In subsection (a), before clause (1), the words “(hereinafter in this section referred to as the ‘Secretary’)” and “where necessary” are omitted as surplus.
In subsection (b)(1), before clause (A), the word “thoroughly” is omitted as surplus.
References in Text
The date of the enactment of this subsection, referred to in subsec. (d), probably means the date of enactment of Pub. L. 106–181, which amended subsec. (d) generally, and which was approved Apr. 5, 2000.
Amendments
2000—Subsec. (d). Pub. L. 106–181 amended heading and text of subsec. (d) generally. Prior to amendment, text read as follows: “For the purposes of enhancing aviation safety, in a case in which 2 landfills have been proposed to be constructed or established within 6 miles of a commercial service airport with fewer than 50,000 enplanements per year, no person shall construct or establish either landfill if an official of the Federal Aviation Administration has stated in writing within the 3-year period ending on the date of the enactment of this subsection that 1 of the landfills would be incompatible with aircraft operations at the airport, unless the landfill is already active on such date of enactment or the airport operator agrees to the construction or establishment of the landfill.”
1996—Subsec. (d). Pub. L. 104–264 added subsec. (d).
Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
Effective Date of 1996 Amendment
Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title.
Landfills Interfering With Air Commerce
Pub. L. 106–181, title V, §503(a), Apr. 5, 2000, 114 Stat. 133, provided that: “Congress finds that—
“(1) collisions between aircraft and birds have resulted in fatal accidents;
“(2) bird strikes pose a special danger to smaller aircraft;
“(3) landfills near airports pose a potential hazard to aircraft operating there because they attract birds;
“(4) even if the landfill is not located in the approach path of the airport's runway, it still poses a hazard because of the birds’ ability to fly away from the landfill and into the path of oncoming planes;
“(5) while certain mileage limits have the potential to be arbitrary, keeping landfills at least 6 miles away from an airport, especially an airport served by small planes, is an appropriate minimum requirement for aviation safety; and
“(6) closure of existing landfills (due to concerns about aviation safety) should be avoided because of the likely disruption to those who use and depend on such landfills.”
§44719. Standards for navigational aids
The Secretary of Transportation shall prescribe regulations on standards for installing navigational aids, including airport control towers. For each type of facility, the regulations shall consider at a minimum traffic density (number of aircraft operations without consideration of aircraft size), terrain and other obstacles to navigation, weather characteristics, passengers served, and potential aircraft operating efficiencies.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1201.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44719 | 49 App.:1348 (note). | Dec. 30, 1987, Pub. L. 100–223, §308, 101 Stat. 1526. |
The words “Not later than December 31, 1988” are omitted as obsolete.
§44720. Meteorological services
(a)
(b)
(1) observe, measure, investigate, and study atmospheric phenomena, and maintain meteorological stations and offices, that are necessary or best suited for finding out in advance information about probable weather conditions;
(2) provide reports to the Administrator to persons engaged in civil aeronautics that are designated by the Administrator and to other persons designated by the Secretary in a way and with a frequency that best will result in safety in, and facilitating, air navigation;
(3) cooperate with persons engaged in air commerce in meteorological services, maintain reciprocal arrangements with those persons in carrying out this clause, and collect and distribute weather reports available from aircraft in flight;
(4) maintain and coordinate international exchanges of meteorological information required for the safety and efficiency of air navigation;
(5) in cooperation with other departments, agencies, and instrumentalities of the United States Government, meteorological services of foreign countries, and persons engaged in air commerce, participate in developing an international basic meteorological reporting network, including the establishment, operation, and maintenance of reporting stations on the high seas, in polar regions, and in foreign countries;
(6) coordinate meteorological requirements in the United States to maintain standard observations, to promote efficient use of facilities, and to avoid duplication of services unless the duplication tends to promote the safety and efficiency of air navigation; and
(7) promote and develop meteorological science and foster and support research projects in meteorology through the use of private and governmental research facilities and provide for publishing the results of the projects unless publication would not be in the public interest.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1201.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44720(a) | 49 App.:1351. | Aug. 23, 1958, Pub. L. 85–726, §§310, 803, 72 Stat. 751, 783. |
| 49 App.:1655(c)(1). | Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444. | |
| 44720(b) | 49 App.:1463. | |
| 49 App.:1655(c)(1). |
In subsection (b), the title “Secretary” [of Commerce] is substituted for “Chief of the Weather Bureau” in section 803 of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 783) because of sections 1 and 2 of Reorganization Plan No. 2 of 1965 (eff. July 13, 1965, 79 Stat. 1318). Before clause (1), the words “In order” and “in addition to any other functions or duties pertaining to weather information for other purposes” are omitted as surplus. In clause (2), the words “forecasts, warnings, and advices” are omitted as being included in “reports”. In clause (3), the words “or employees thereof” and “establish and” are omitted as surplus. The words “with those persons” are added for clarity. In clause (5), the words “departments, agencies, and instrumentalities of the United States Government” are substituted for “governmental agencies of the United States” for consistency in the revised title and with other titles of the United States Code.
Automated Surface Observation System Stations
Pub. L. 106–181, title VII, §728, Apr. 5, 2000, 114 Stat. 168, provided that: “The Administrator [of the Federal Aviation Administration] shall not terminate human weather observers for Automated Surface Observation System stations until—
“(1) the Administrator determines that the system provides consistent reporting of changing meteorological conditions and notifies Congress in writing of that determination; and
“(2) 60 days have passed since the report was transmitted to Congress.”
§44721. Aeronautical charts and related products and services
(a)
(1)
(2)
(b)
(1) prescribed by the Administrator;
(2) depicted accurately on the map or chart; and
(3) not obviously defective or deficient.
(c)
(1) Sections 1 through 9 of the Act entitled “An Act to define the functions and duties of the Coast and Geodetic Survey, and for other purposes”, approved August 6, 1947,1 (33 U.S.C. 883a–883h).
(2) Section 6082 of the Consolidated Omnibus Budget Reconciliation Act of 1985 (33 U.S.C. 883j).
(d)
(1) develop, process, disseminate and publish digital and analog data, information, compilations, and reports;
(2) compile, print, and disseminate aeronautical charts and related products and services of the United States and its territories and possessions;
(3) compile, print, and disseminate aeronautical charts and related products and services covering international airspace as are required primarily by United States civil aviation; and
(4) compile, print, and disseminate nonaeronautical navigational, transportation or public-safety-related products and services when in the best interests of the Government.
(e)
(1)
(2)
(f)
(1)
(2)
(g)
(1)
(A)
(B)
(C)
(D)
(2)
(3)
(A) without charge to each foreign government or international organization with which the Administrator or a Federal department or agency has an agreement for exchange of these products or services without cost;
(B) at prices the Administrator establishes, to the departments and officers of the United States requiring them for official use; and
(C) at reduced or no charge where, in the judgment of the Administrator, furnishing the aeronautical product or service to a recipient is a reasonable exchange for voluntary contribution of information by the recipient to the activities under this section.
(4)
(5)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1202; Pub. L. 106–181, title VI, §603(a), Apr. 5, 2000, 114 Stat. 150; Pub. L. 106–424, §17(a), Nov. 1, 2000, 114 Stat. 1888.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44721(a)(1) | 49 App.:1348(b) (1st sentence cl. (3)). | Aug. 23, 1958, Pub. L. 85–726, §307(b) (1st sentence cl. (3)), 72 Stat. 750. |
| 49 App.:1655(c)(1). | Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444. | |
| 44721(a)(2) | 49 App.:1348(b) (3d, last sentences). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 749, §307(b) (3d, last sentences); added Oct. 31, 1992, Pub. L. 102–581, §125, 106 Stat. 4885. |
| 44721(b) | 49 App.:1519. | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1118; added Dec. 19, 1985, Pub. L. 99–190, §328(a), 99 Stat. 1289. |
In subsection (a)(1), the word “Administrator” in section 307(b) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 750) is retained on authority of 49:106(g). The words “within the limits of available appropriations made by the Congress” are omitted as surplus. The words “departments, agencies, and instrumentalities of the United States Government” are substituted for “existing agencies of the Government” for consistency in the revised title and with other titles of the United States Code.
In subsection (b), before clause (1), the words “Notwithstanding the provisions of section 1341 of title 31 or any other provision of law” are omitted as surplus.
References in Text
Sections 1 through 9 of the Act entitled “An Act to define the functions and duties of the Coast and Geodetic Survey, and for other purposes”, approved August 6, 1947, referred to in subsec. (c)(1), are classified to sections 883a to 883i of Title 33, Navigation and Navigable Waters. Section 883g of Title 33 was repealed by Pub. L. 88–611, §4(a)(2), Oct. 2, 1964, 78 Stat. 991.
Amendments
2000—Pub. L. 106–181 amended section catchline and text generally. Prior to amendment, text read as follows:
“(a)
“(2) In carrying out paragraph (1) of this subsection, the Administrator shall update and arrange for the publication of clearly defined routes for navigating through a complex terminal airspace area and to and from an airport located in such an area, if the Administrator decides that publication of the routes would promote safety in air navigation. The routes shall be developed in consultation with pilots and other users of affected airports and shall be for the optional use of pilots operating under visual flight rules.
“(b)
“(1) prescribed by the Administrator;
“(2) depicted accurately on the map or chart; and
“(3) not obviously defective or deficient.”
Subsec. (c)(3), (4). Pub. L. 106–424, §17(a)(1), struck out pars. (3) and (4) which read as follows:
“(3) Section 1307 of title 44, United States Code.
“(4) The provision of title II of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1995 under the heading ‘National Oceanic and Atmospheric Administration’ relating to aeronautical charts (44 U.S.C. 1307 note).”
Subsec. (g)(1)(D). Pub. L. 106–424, §17(a)(2), added subpar. (D).
Subsec. (g)(5). Pub. L. 106–424, §17(a)(3), added par. (5).
Effective Date of 2000 Amendments
Pub. L. 106–424, §17(b), Nov. 1, 2000, 114 Stat. 1889, provided that: “The amendments made by subsection (a) [amending this section] take effect on October 1, 2000.”
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
Savings Provision
Pub. L. 106–181, title VI, §604, Apr. 5, 2000, 114 Stat. 152, provided that:
“(a)
“(1) have been issued, made, granted, or allowed to become effective by the President of the United States, the Secretary of Commerce, the Administrator of the National Oceanic and Atmospheric Administration, any Federal agency or official thereof, or by a court of competent jurisdiction, in the performance of functions which are transferred by this title [amending this section, sections 883b and 883e of Title 33, Navigation and Navigable Waters, and section 1307 of Title 44, Public Printing and Documents, and enacting provisions set out as notes under this section]; and
“(2) are in effect on the date of transfer,
shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President of the United States, the Administrator of the Federal Aviation Administration, a court of competent jurisdiction, or by operation of law.
“(b)
“(1)
“(2)
“(c)
“(d)
“(e)
“(f)
Transfer of Functions
Pub. L. 106–181, title VI, §601, Apr. 5, 2000, 114 Stat. 149, provided that: “Effective October 1, 2000, there are transferred to the Federal Aviation Administration and vested in the Administrator the functions, powers, and duties of the Secretary of Commerce and other officers of the Department of Commerce that relate to the Office of Aeronautical Charting and Cartography and are set forth in section 44721 of title 49, United States Code.”
Transfer of Office, Personnel, and Funds
Pub. L. 106–181, title VI, §602, Apr. 5, 2000, 114 Stat. 149, provided that:
“(a)
“(b)
Procurement of Private Enterprise Mapping, Charting, and Geographic Information Systems
Pub. L. 106–181, title VI, §607, Apr. 5, 2000, 114 Stat. 154, provided that: “The Administrator [of the Federal Aviation Administration] shall consider procuring mapping, charting, and geographic information systems necessary to carry out the duties of the Administrator under title 49, United States Code, from private enterprises, if the Administrator determines that such procurement furthers the mission of the Federal Aviation Administration and is cost effective.”
1 So in original. The comma probably should not appear.
§44722. Aircraft operations in winter conditions
The Administrator of the Federal Aviation Administration shall prescribe regulations requiring procedures to improve safety of aircraft operations during winter conditions. In deciding on the procedures to be required, the Administrator shall consider at least aircraft and air traffic control modifications, the availability of different types of deicing fluids (considering their efficacy and environmental limitations), the types of deicing equipment available, and the feasibility and desirability of establishing timeframes within which deicing must occur under certain types of inclement weather.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1202.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44722 | 49:1421 (note). | Oct. 31, 1992, Pub. L. 102–581, §124, 106 Stat. 4885. |
The words “Before November 1, 1992” are omitted as obsolete. The words “prescribe regulations requiring” are substituted for “require, by regulation”, and the words “other factors the Administrator considers appropriate” are substituted for “among other things”, for consistency in the revised title.
§44723. Annual report
Not later than January 1 of each year, the Secretary of Transportation shall submit to Congress a comprehensive report on the safety enforcement activities of the Federal Aviation Administration during the fiscal year ending the prior September 30th. The report shall include—
(1) a comparison of end-of-year staffing levels by operations, maintenance, and avionics inspector categories to staffing goals and a statement on how staffing standards were applied to make allocations between air carrier and general aviation operations, maintenance, and avionics inspectors;
(2) schedules showing the range of inspector experience by various inspector work force categories, and the number of inspectors in each of the categories who are considered fully qualified;
(3) schedules showing the number and percentage of inspectors who have received mandatory training by individual course, and the number of inspectors by work force categories, who have received all mandatory training;
(4) a description of the criteria used to set annual work programs, an explanation of how these criteria differ from criteria used in the prior fiscal year and how the annual work programs ensure compliance with appropriate regulations and safe operating practices;
(5) a comparison of actual inspections performed during the fiscal year to the annual work programs by field location and, for any field location completing less than 80 percent of its planned number of inspections, an explanation of why annual work program plans were not met;
(6) a statement of the adequacy of Administration internal management controls available to ensure that field managers comply with Administration policies and procedures, including those on inspector priorities, district office coordination, minimum inspection standards, and inspection followup;
(7) the status of efforts made by the Administration to update inspector guidance documents and regulations to include technological, management, and structural changes taking place in the aviation industry, including a listing of the backlog of all proposed regulatory amendments;
(8) a list of the specific operational measures of effectiveness used to evaluate—
(A) the progress in meeting program objectives;
(B) the quality of program delivery; and
(C) the nature of emerging safety problems;
(9) a schedule showing the number of civil penalty cases closed during the 2 prior fiscal years, including the total initial and final penalties imposed, the total number of dollars collected, the range of dollar amounts collected, the average case processing time, and the range of case processing time;
(10) a schedule showing the number of enforcement actions taken (except civil penalties) during the 2 prior fiscal years, including the total number of violations cited, and the number of cited violation cases closed by certificate suspensions, certificate revocations, warnings, and no action taken; and
(11) schedules showing the safety record of the aviation industry during the fiscal year for air carriers and general aviation, including—
(A) the number of inspections performed when deficiencies were identified compared with inspections when no deficiencies were found;
(B) the frequency of safety deficiencies for each air carrier; and
(C) an analysis based on data of the general status of air carrier and general aviation compliance with aviation regulations.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1202.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44723 | 49:308 (note). | Dec. 22, 1987, Pub. L. 100–202, §317(a), 101 Stat. 1329–380. |
| Sept. 30, 1988, Pub. L. 100–457, §317(a), 102 Stat. 2148. |
In clauses (4) and (7), the word “regulations” is substituted for “Federal regulations” for consistency in the revised title.
In clause (5), the words “by field location” are substituted for “disaggregated to the field locations” for clarity.
In clause (8), before subclause (A), the words “ ‘best proxies’ standing between the ultimate goal of accident prevention and ongoing program activities” are omitted as surplus.
In clause (9), the words “penalties imposed” are substituted for “assessments” for consistency in the revised title and with other titles of the United States Code.
In clause (11)(C), the words “aviation regulations” are substituted for “Federal Aviation Regulations” for consistency in the revised title.
Termination of Reporting Requirements
For termination, effective May 15, 2000, of reporting provisions in this section, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, the 22nd item on page 132 and the 10th item on page 135 of House Document No. 103–7.
§44724. Manipulation of flight controls
(a)
(1) a valid private pilots certificate issued by the Administrator of the Federal Aviation Administration under part 61 of title 14, Code of Federal Regulations; and
(2) the appropriate medical certificate issued by the Administrator under part 67 of such title,
to manipulate the controls of an aircraft if the pilot knows or should have known that the individual is attempting to set a record or engage in an aeronautical competition or aeronautical feat, as defined by the Administrator.
(b)
(c)
(Added Pub. L. 104–264, title VI, §602(a)(1), Oct. 9, 1996, 110 Stat. 3263.)
Effective Date
Except as otherwise specifically provided, section applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as an Effective Date of 1996 Amendment note under section 106 of this title.
§44725. Life-limited aircraft parts
(a)
(b)
(1) The part may be segregated under circumstances that preclude its installation on an aircraft.
(2) The part may be permanently marked to indicate its used life status.
(3) The part may be destroyed in any manner calculated to prevent reinstallation in an aircraft.
(4) The part may be marked, if practicable, to include the recordation of hours, cycles, or other airworthiness information. If the parts are marked with cycles or hours of usage, that information must be updated every time the part is removed from service or when the part is retired from service.
(5) Any other method approved by the Administrator.
(c)
(1) not later than 180 days after the date of the enactment of this section, issue a notice of proposed rulemaking; and
(2) not later than 180 days after the close of the comment period on the proposed rule, issue a final rule.
(d)
(Added Pub. L. 106–181, title V, §504(a), Apr. 5, 2000, 114 Stat. 134.)
References in Text
The date of the enactment of this section, referred to in subsec. (c)(1), is the date of enactment of Pub. L. 106–181, which was approved Apr. 5, 2000.
Effective Date
Section applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as an Effective Date of 2000 Amendments note under section 106 of this title.
§44726. Denial and revocation of certificate for counterfeit parts violations
(a)
(1)
(A) convicted in a court of law of a violation of a law of the United States relating to the installation, production, repair, or sale of a counterfeit or fraudulently-represented aviation part or material;
(B) whose certificate is revoked under subsection (b); or
(C) subject to a controlling or ownership interest of an individual described in subparagraph (A) or (B).
(2)
(b)
(1)
(A) was convicted in a court of law of a violation of a law of the United States relating to the installation, production, repair, or sale of a counterfeit or fraudulently-represented aviation part or material; or
(B) knowingly, and with the intent to defraud, carried out or facilitated an activity punishable under a law described in paragraph (1)(A).
(2)
(c)
(1) advise the holder of the certificate of the reason for the revocation; and
(2) provide the holder of the certificate an opportunity to be heard on why the certificate should not be revoked.
(d)
(e)
(1)
(2)
(A) the former holder otherwise satisfies the requirements of this chapter for the certificate; and
(B)(i) the former holder or the individual referred to in subsection (b)(1), is acquitted of all charges related to the violation on which the revocation was based; or
(ii) the conviction of the former holder or such individual of the violation on which the revocation was based is reversed.
(f)
(1) a law enforcement official of the United States Government requests a waiver; and
(2) the waiver will facilitate law enforcement efforts.
(g)
(1) an individual who had a controlling or ownership interest in the holder committed a violation of a law for the violation of which a certificate may be revoked under this section or knowingly, and with intent to defraud, carried out or facilitated an activity punishable under such a law; and
(2) the holder satisfies the requirements for the certificate without regard to that individual,
then the Administrator may amend the certificate to impose a limitation that the certificate will not be valid if that individual has a controlling or ownership interest in the holder. A decision by the Administrator under this subsection is not reviewable by the Board.
(Added Pub. L. 106–181, title V, §505(a)(1), Apr. 5, 2000, 114 Stat. 134; amended Pub. L. 108–176, title V, §501, Dec. 12, 2003, 117 Stat. 2556.)
Amendments
2003—Subsec. (a)(1). Pub. L. 108–176 struck out “or” at end of subpar. (A), added subpar. (B), and redesignated former subpar. (B) as (C) and substituted “described in subparagraph (A) or (B)” for “convicted of such a violation”.
Effective Date of 2003 Amendment
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
Effective Date
Section applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as an Effective Date of 2000 Amendments note under section 106 of this title.
§44727. Runway safety areas
(a)
(b)
(1)
(2)
(Added Pub. L. 108–176, title V, §502(a), Dec. 12, 2003, 117 Stat. 2557.)
References in Text
The date of enactment of this section, referred to in subsec. (b)(2), is the date of enactment of Pub. L. 108–176, which was approved Dec. 12, 2003.
Effective Date
Section applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as an Effective Date of 2003 Amendment note under section 106 of this title.
§44728. Flight attendant certification
(a)
(1)
(2)
(3)
(b)
(c)
(d)
(1) be numbered and recorded by the Administrator;
(2) contain the name, address, and description of the individual to whom the certificate is issued;
(3) is 1 similar in size and appearance to certificates issued to airmen;
(4) contain the airplane group for which the certificate is issued; and
(5) be issued not later than 120 days after the Administrator receives notification from the air carrier of demonstrated proficiency and, in the case of an individual serving as flight attendant on the effective date of this section, not later than 1 year after such effective date.
(e)
(f)
(Added Pub. L. 108–176, title VIII, §814(a), Dec. 12, 2003, 117 Stat. 2590.)
References in Text
For effective date of this section, referred to in subsecs. (a)(2) and (d)(5), see Effective Date note below.
The date of enactment of this section, referred to in subsec. (e), is the date of enactment of Pub. L. 108–176, which was approved Dec. 12, 2003.
Effective Date
Pub. L. 108–176, title VIII, §814(c), Dec. 12, 2003, 117 Stat. 2592, provided that: “The amendments made by subsections (a) and (b) [enacting this section and amending the analysis to this chapter] shall take effect on the 365th day following the date of enactment of this Act [Dec. 12, 2003].”
1 So in original. Probably should be “be”.
§44729. Age standards for pilots
(a)
(b)
(c)
(1)
(2)
(d)
(e)
(1)
(A) such person is in the employment of that air carrier in such operations on such date of enactment as a required flight deck crew member; or
(B) such person is newly hired by an air carrier as a pilot on or after such date of enactment without credit for prior seniority or prior longevity for benefits or other terms related to length of service prior to the date of rehire under any labor agreement or employment policies of the air carrier.
(2)
(f)
(g)
(1)
(2)
(h)
(1)
(2)
(3) GAO
(Added Pub. L. 110–135, §2(a), Dec. 13, 2007, 121 Stat. 1450.)
References in Text
The date of enactment of this section and such date of enactment, referred to in subsecs. (d), (e), (g)(1) and (h)(2), (3), is the date of enactment of Pub. L. 110–135, which was approved Dec. 13, 2007.
CHAPTER 449—SECURITY
SUBCHAPTER I—REQUIREMENTS
SUBCHAPTER II—ADMINISTRATION AND PERSONNEL
Amendments
2007—Pub. L. 110–53, title XVI, §1606(b), Aug. 3, 2007, 121 Stat. 483, added item 44926.
2004—Pub. L. 108–458, title IV, §4013(b), Dec. 17, 2004, 118 Stat. 3720, added item 44925.
Pub. L. 108–334, title V, §515(c), Oct. 18, 2004, 118 Stat. 1318, added item 44945.
2003—Pub. L. 108–176, title VI, §§605(b)(3), 611(b)(2), Dec. 12, 2003, 117 Stat. 2568, 2572, added items 44923 and 44924.
Pub. L. 108–7, div. I, title III, §351(c), Feb. 20, 2003, 117 Stat. 420, added item 44922.
2002—Pub. L. 107–296, title XIV, §1402(b)(1), Nov. 25, 2002, 116 Stat. 2305, added item 44921.
2001—Pub. L. 107–71, title I, §§101(f)(6), 105(b), 107(b), 108(b), 113(b), 125(b), 131(b), Nov. 19, 2001, 115 Stat. 603, 607, 611, 613, 622, 632, 635, added items 44917 to 44920, 44939, 44941, and 44944 and struck out items 44931 “Director of Intelligence and Security” and 44932 “Assistant Administrator for Civil Aviation Security”.
Pub. L. 107–71, title I, §118(b), Nov. 19, 2001, 115 Stat. 627, which directed addition of item 44940 to the analysis for chapter 449 without specifying the Code title to be amended, was executed by adding item 44940 to this analysis to reflect the probable intent of Congress.
1996—Pub. L. 104–264, title III, §312(b), Oct. 9, 1996, 110 Stat. 3254, added item 44916.
SUBCHAPTER I—REQUIREMENTS
§44901. Screening passengers and property
(a)
(b)
(c)
(d)
(1)
(A) explosive detection systems are deployed as soon as possible to ensure that all United States airports described in section 44903(c) have sufficient explosive detection systems to screen all checked baggage no later than December 31, 2002, and that as soon as such systems are in place at an airport, all checked baggage at the airport is screened by those systems; and
(B) all systems deployed under subparagraph (A) are fully utilized; and
(C) if explosive detection equipment at an airport is unavailable, all checked baggage is screened by an alternative means.
(2)
(A)
(i) the Under Secretary shall submit to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure a detailed plan (which may be submitted in classified form) for the deployment of the number of explosive detection systems at that airport necessary to meet the requirements of paragraph (1) as soon as practicable at that airport but in no event later than December 31, 2003; and
(ii) the Under Secretary shall take all necessary action to ensure that alternative means of screening all checked baggage is implemented until the requirements of paragraph (1) have been met.
(B)
(i) the nature and extent of the required modifications to the airport's terminal buildings, and the technical, engineering, design and construction issues;
(ii) the need to ensure that such installations and modifications are effective; and
(iii) the feasibility and cost-effectiveness of deploying explosive detection systems in the baggage sorting area or other non-public area rather than the lobby of an airport terminal building.
(C)
(D)
(i) cooperate fully with the Transportation Security Administration with respect to screening checked baggage and changes to accommodate explosive detection systems; and
(ii) make security projects a priority for the obligation or expenditure of funds made available under chapter 417 or 471 until explosive detection systems required to be deployed under paragraph (1) have been deployed at that airport.
(3)
(e)
(1) A bag-match program that ensures that no checked baggage is placed aboard an aircraft unless the passenger who checked the baggage is aboard the aircraft.
(2) Manual search.
(3) Search by canine explosive detection units in combination with other means.
(4) Other means or technology approved by the Under Secretary.
(f)
(g)
(1)
(2)
(A) 50 percent of such cargo is so screened not later than 18 months after the date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007.
(B) 100 percent of such cargo is so screened not later than 3 years after such date of enactment.
(3)
(A)
(B)
(i)
(ii)
(iii)
(4)
(5)
(h)
(1)
(2)
(i)
(1) may exempt from this section air transportation operations, except scheduled passenger operations of an air carrier providing air transportation under a certificate issued under section 41102 of this title or a permit issued under section 41302 of this title; and
(2) shall advise Congress of a regulation to be prescribed under this section at least 30 days before the effective date of the regulation, unless the Under Secretary decides an emergency exists requiring the regulation to become effective in fewer than 30 days and notifies Congress of that decision.
(j)
(1)
(A) evaluate the results of the blast-resistant cargo container pilot program that was initiated before the date of enactment of this subsection; and
(B) prepare and distribute through the Aviation Security Advisory Committee to the appropriate Committees of Congress and air carriers a report on that evaluation which may contain nonclassified and classified sections.
(2)
(A) develop and implement a program, as the Administrator determines appropriate, to acquire, maintain, and replace blast-resistant cargo containers;
(B) pay for the program; and
(C) make available blast-resistant cargo containers to air carriers pursuant to paragraph (3).
(3)
(k)
(1)
(A) develop a standardized threat and vulnerability assessment program for general aviation airports (as defined in section 47134(m)); and
(B) implement a program to perform such assessments on a risk-managed basis at general aviation airports.
(2)
(3)
(A) general aviation aircraft, as identified by the Administrator, in coordination with the Administrator of the Federal Aviation Administration, are required to submit passenger information and advance notification requirements for United States Customs and Border Protection before entering United States airspace; and
(B) such information is checked against appropriate databases.
(4)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1204; Pub. L. 107–71, title I, §§101(f)(7), 110(b), Nov. 19, 2001, 115 Stat. 603, 614; Pub. L. 107–296, title IV, §425, Nov. 25, 2002, 116 Stat. 2185; Pub. L. 110–53, title XVI, §§1602(a), 1609, 1617, Aug. 3, 2007, 121 Stat. 477, 484, 488.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44901(a) | 49 App.:1356(a) (1st sentence). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §315(a) (1st, 2d sentences, 3d sentence 19th–last words); added Aug. 5, 1974, Pub. L. 93–366, §202, 88 Stat. 415; Aug. 8, 1985, Pub. L. 99–83, §551(b)(1), 99 Stat. 225. |
| 44901(b) | 49 App.:1356(a) (2d sentence). | |
| 44901(c)(1) | 49 App.:1356(c). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §315(c); added Aug. 5, 1974, Pub. L. 93–366, §202, 88 Stat. 415; Nov. 16, 1990, Pub. L. 101–604, §102(a), 104 Stat. 3068. |
| 44901(c)(2) | 49 App.:1356(a) (3d sentence 19th–last words). |
In subsection (a), the words “or continue in effect reasonable”, “intended”, and “the aircraft for such transportation” are omitted as surplus.
In subsection (b), the words “Notwithstanding subsection (a) of this section” are added for clarity. The words “One year after August 5, 1974, or after the effective date of such regulations, whichever is later” are omitted as executed. The words “alter or”, “a continuation of”, “the extent deemed necessary to”, and “acts of” are omitted as surplus.
In subsection (c)(1), the words “in whole or in part” and “those” are omitted as surplus. The word “providing” is substituted for “engaging in” for consistency in the revised title. The words “interstate, overseas, or foreign” are omitted because of the definition of “air transportation” in section 40102(a) of the revised title. The words “of public convenience and necessity”, “by the Civil Aeronautics Board”, “foreign air carrier”, and “by the Board” are omitted as surplus.
In subsection (c)(2), the words “or amendments thereto” and “or amendments” are omitted as surplus.
References in Text
The date of enactment of the Aviation and Transportation Security Act, referred to in subsecs. (c), (e), and (f), is the date of enactment of Pub. L. 107–71, which was approved Nov. 19, 2001.
The date of enactment of this Act, referred to in subsec. (d)(3), probably means the date of enactment of Pub. L. 107–296, which enacted subsec. (d)(2), (3) of this section and was approved Nov. 25, 2002.
The date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, such date of enactment, and the date of enactment of this subsection, referred to in subsecs. (g)(1), (2), (j)(1)(A), and (k)(1)–(3), is the date of enactment of Pub. L. 110–53, which was approved Aug. 3, 2007.
Subsection (b) of section 1602 of the Implementing Recommendations of the 9/11 Commission Act of 2007, referred to in subsec. (g)(5), is section 1602(b) of Pub. L. 110–53, title XVI, Aug. 3, 2007, 121 Stat. 479, which is not classified to the Code.
Amendments
2007—Subsecs. (g) to (i). Pub. L. 110–53, §1602(a), added subsec. (g) and redesignated former subsecs. (g) and (h) as (h) and (i), respectively.
Subsec. (j). Pub. L. 110–53, §1609, added subsec. (j).
Subsec. (k). Pub. L. 110–53, §1617, added subsec. (k).
2002—Subsec. (d)(2), (3). Pub. L. 107–296 added pars. (2) and (3).
2001—Subsec. (a). Pub. L. 107–71, §110(b)(2), added subsec. (a) and struck out heading and text of former subsec. (a). Text read as follows: “The Administrator of the Federal Aviation Administration shall prescribe regulations requiring screening of all passengers and property that will be carried in a cabin of an aircraft in air transportation or intrastate air transportation. The screening must take place before boarding and be carried out by a weapon-detecting facility or procedure used or operated by an employee or agent of an air carrier, intrastate air carrier, or foreign air carrier.”
Subsec. (b). Pub. L. 107–71, §110(b)(2), added subsec. (b) and struck out heading and text of former subsec. (b). Text read as follows: “Notwithstanding subsection (a) of this section, the Administrator may amend a regulation prescribed under subsection (a) to require screening only to ensure security against criminal violence and aircraft piracy in air transportation and intrastate air transportation.”
Subsec. (c). Pub. L. 107–71, §110(b)(2), added subsec. (c). Former subsec. (c) redesignated (h).
Pub. L. 107–71, §101(f)(7), substituted “Under Secretary” for “Administrator” in introductory provisions and par. (2).
Subsecs. (d) to (g). Pub. L. 107–71, §110(b)(2), added subsecs. (d) to (g).
Subsec. (h). Pub. L. 107–71, §110(b)(1), redesignated subsec. (c) as (h).
Effective Date of 2002 Amendment
Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.
Savings Provision
Pub. L. 107–71, title I, §141, Nov. 19, 2001, 115 Stat. 643, provided that:
“(a)
“(b)
“(1) that have been issued, made, granted, or allowed to become effective by the Federal Aviation Administration, any officer or employee thereof, or any other Government official, or by a court of competent jurisdiction, in the performance of any function that is transferred by this Act; and
“(2) that are in effect on the effective date of such transfer (or become effective after such date pursuant to their terms as in effect on such effective date), shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the Under Secretary of Transportation for Security, any other authorized official, a court of competent jurisdiction, or operation of law.
“(c)
“(1)
“(2)
“(3)
“(d)
“(1)
“(2)
“(3)
“(e)
“(f)
“(g)
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including the functions of the Secretary of Transportation, and of the Under Secretary of Transportation for Security, relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
Transition Provisions
Pub. L. 107–71, title I, §101(g), Nov. 19, 2001, 115 Stat. 603, provided that:
“(1)
“(2)
“(3)
“(A)
“(B)
“(4)
“(5)
Protection of Passenger Planes From Explosives
Pub. L. 110–53, title XVI, §1610, Aug. 3, 2007, 121 Stat. 484, provided that:
“(a)
“(1)
“(2)
“(A) to deploy technologies described in paragraph (1); and
“(B) to test technologies to expedite the recovery, development, and analysis of information from aircraft accidents to determine the cause of the accident, including deployable flight deck and voice recorders and remote location recording devices.
“(b)
Standards for Increasing the Use of Explosive Detection Equipment
Pub. L. 109–295, title V, §518, Oct. 4, 2006, 120 Stat. 1380, provided that: “The Secretary of Homeland Security, in consultation with industry stakeholders, shall develop standards and protocols for increasing the use of explosive detection equipment to screen air cargo when appropriate.”
Similar provisions were contained in the following prior appropriation act:
Pub. L. 109–90, title V, §524, Oct. 18, 2005, 119 Stat. 2086.
Use of Existing Equipment To Screen Passenger Cargo; Reports
Pub. L. 109–90, title V, §525, Oct. 18, 2005, 119 Stat. 2086, provided that: “The Transportation Security Administration (TSA) shall utilize existing checked baggage explosive detection equipment and screeners to screen cargo carried on passenger aircraft to the greatest extent practicable at each airport: Provided, That beginning with November 2005, TSA shall provide a monthly report to the Committees on Appropriations of the Senate and the House of Representatives detailing, by airport, the amount of cargo carried on passenger aircraft that was screened by TSA in August 2005 and each month thereafter.”
In-Line Checked Baggage Screening
Pub. L. 108–458, title IV, §4019(a), (b), Dec. 17, 2004, 118 Stat. 3721, provided that:
“(a)
“(b)
Checked Baggage Screening Area Monitoring
Pub. L. 108–458, title IV, §4020, Dec. 17, 2004, 118 Stat. 3722, provided that:
“(a)
“(b)
Pilot Program To Evaluate Use of Blast Resistant Cargo and Baggage Containers
Pub. L. 108–458, title IV, §4051, Dec. 17, 2004, 118 Stat. 3728, directed the Assistant Secretary of Homeland Security (Transportation Security Administration), beginning not later than 180 days after Dec. 17, 2004, to carry out a pilot program to evaluate the use of blast-resistant containers for cargo and baggage on passenger aircraft to minimize the potential effects of detonation of an explosive device, and directed the Assistant Secretary to provide incentives to air carriers to volunteer to participate in such program.
Air Cargo Security
Pub. L. 108–458, title IV, §4052, Dec. 17, 2004, 118 Stat. 3728, provided that:
“(a)
“(b)
“(1) $200,000,000 for fiscal year 2005;
“(2) $200,000,000 for fiscal year 2006; and
“(3) $200,000,000 for fiscal year 2007.
Such sums shall remain available until expended.
“(c)
“(1) $100,000,000 for fiscal year 2005;
“(2) $100,000,000 for fiscal year 2006; and
“(3) $100,000,000 for fiscal year 2007.
Such sums shall remain available until expended.
“(d)
“(1)
“(2)
Identification Standards
Pub. L. 108–458, title VII, §7220, Dec. 17, 2004, 118 Stat. 3835, provided that:
“(a)
“(1)
“(A) shall propose minimum standards for identification documents required of domestic commercial airline passengers for boarding an aircraft; and
“(B) may, from time to time, propose minimum standards amending or replacing standards previously proposed and transmitted to Congress and approved under this section.
“(2)
“(3)
“(b)
“(1)
“(A) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such they are deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of such approval resolutions; and it supersedes other rules only to the extent that they are inconsistent therewith; and
“(B) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House.
“(2)
“(3)
“(A) shall be introduced (by request) in the House by the Majority Leader of the House of Representatives, for himself or herself and the Minority Leader of the House of Representatives, or by Members of the House of Representatives designated by the Majority Leader and Minority Leader of the House; and
“(B) shall be introduced (by request) in the Senate by the Majority Leader of the Senate, for himself or herself and the Minority Leader of the Senate, or by Members of the Senate designated by the Majority Leader and Minority Leader of the Senate.
“(4)
“(A)
“(B)
“(5)
“(A)
“(B)
“(C)
“(6)
“(7)
“(A)
“(B)
“(C)
“(D)
“(E)
“(8)
“(A)
“(B)
“(C)
“(D)
“(c)
“(1)
“(A) a valid, unexpired passport;
“(B) domestically issued documents that the Secretary of Homeland Security designates as reliable for identification purposes;
“(C) any document issued by the Attorney General or the Secretary of Homeland Security under the authority of 1 of the immigration laws (as defined under section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))[)]; or
“(D) a document issued by the country of nationality of any alien not required to possess a passport for admission to the United States that the Secretary designates as reliable for identifications purposes
“(2)
“(A) shall not apply to individuals below the age of 17, or such other age as determined by the Secretary of Homeland Security;
“(B) may be waived by the Secretary of Homeland Security in the case of an unforeseen medical emergency.
“(d)
“(1) categories of Federal facilities that the Secretary determines to be at risk for terrorist attack and requiring minimum identification standards for access to such facilities; and
“(2) appropriate minimum identification standards to gain access to those facilities.”
Deadline for Deployment of Federal Screeners
Pub. L. 107–71, title I, §110(c), Nov. 19, 2001, 115 Stat. 616, provided that:
“(1)
“(2)
Reports
Pub. L. 107–71, title I, §110(d), Nov. 19, 2001, 115 Stat. 616, provided that:
“(1)
“(A) an installation schedule;
“(B) the dates of installation of each system; and
“(C) the date on which each system installed is operational.
“(2)
Installation of Advanced Security Equipment; Agreements
Pub. L. 104–264, title III, §305(b), Oct. 9, 1996, 110 Stat. 3252, provided that: “The Administrator is authorized to use noncompetitive or cooperative agreements with air carriers and airport authorities that provide for the Administrator to purchase and assist in installing advanced security equipment for the use of such entities.”
Passenger Profiling
Pub. L. 104–264, title III, §307, Oct. 9, 1996, 110 Stat. 3253, provided that: “The Administrator of the Federal Aviation Administration, the Secretary of Transportation, the intelligence community, and the law enforcement community should continue to assist air carriers in developing computer-assisted passenger profiling programs and other appropriate passenger profiling programs which should be used in conjunction with other security measures and technologies.”
Authority To Use Certain Funds for Airport Security Programs and Activities
Pub. L. 104–264, title III, §308, Oct. 9, 1996, 110 Stat. 3253, which provided that funds from project grants made under subchapter I of chapter 471 of this title and passenger facility fees collected under section 40117 of this title could be used for the improvement of facilities and the purchase and deployment of equipment to enhance and ensure safe air travel, was repealed by Pub. L. 108–176, title I, §143, Dec. 12, 2003, 117 Stat. 2503.
Installation and Use of Explosive Detection Equipment
Pub. L. 101–45, title I, June 30, 1989, 103 Stat. 110, provided in part that: “Not later than thirty days after the date of the enactment of this Act [June 30, 1989], the Federal Aviation Administrator shall initiate action, including such rulemaking or other actions as necessary, to require the use of explosive detection equipment that meets minimum performance standards requiring application of technology equivalent to or better than thermal neutron analysis technology at such airports (whether located within or outside the United States) as the Administrator determines that the installation and use of such equipment is necessary to ensure the safety of air commerce. The Administrator shall complete these actions within sixty days of enactment of this Act”.
Research and Development of Improved Airport Security Systems
Pub. L. 100–649, §2(d), Nov. 10, 1988, 102 Stat. 3817, provided that: “The Administrator of the Federal Aviation Administration shall conduct such research and development as may be necessary to improve the effectiveness of airport security metal detectors and airport security x-ray systems in detecting firearms that, during the 10-year period beginning on the effective date of this Act [see Effective Date of 1988 Amendment; Sunset Provision note set out under section 922 of Title 18, Crimes and Criminal Procedure], are subject to the prohibitions of section 922(p) of title 18, United States Code.”
Definitions of Terms in Title IV of Pub. L. 108–458
Pub. L. 108–458, title IV, §4081, Dec. 17, 2004, 118 Stat. 3731, provided that: “In this title [enacting section 44925 of this title, amending sections 114, 44903, 44904, 44909, 44917, 44923, 46301 to 46303, and 48301 of this title and sections 70102 and 70103 of Title 46, Shipping, and enacting provisions set out as notes under this section, sections 114, 44703, 44913, 44917, 44923, 44925, and 44935 of this title, section 2751 of Title 22, Foreign Relations and Intercourse, and section 70101 of Title 46] (other than in sections 4001 and 4026 [amending sections 114 and 44904 of this title and enacting provisions set out as a note under section 2751 of Title 22]), the following definitions apply:
“(1)
“(2)
“(3)
Definitions of Terms in Pub. L. 107–71
For definitions of terms used in sections 101(g) and 110(c), (d), of Pub. L. 107–71, set out above, see section 133 of Pub. L. 107–71, set out as a note under section 40102 of this title.
§44902. Refusal to transport passengers and property
(a)
(1) a passenger who does not consent to a search under section 44901(a) of this title establishing whether the passenger is carrying unlawfully a dangerous weapon, explosive, or other destructive substance; or
(2) property of a passenger who does not consent to a search of the property establishing whether the property unlawfully contains a dangerous weapon, explosive, or other destructive substance.
(b)
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1204; Pub. L. 107–71, title I, §101(f)(7), (9), Nov. 19, 2001, 115 Stat. 603.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44902(a) | 49 App.:1511(a) (1st sentence). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1111; added Sept. 5, 1961, Pub. L. 87–197, §4, 75 Stat. 467; restated Aug. 5, 1974, Pub. L. 93–366, §204, 88 Stat. 418. |
| 44902(b) | 49 App.:1511(a) (last sentence). | |
| 44902(c) | 49 App.:1511(b). |
In this section, the word “passenger” is substituted for “person” for consistency in the revised title.
In subsection (a)(1), the words “of his person” are omitted as surplus.
In subsection (a)(2), the words “or inspection” are omitted as surplus.
In subsection (b), the words “reasonable” and “also” are omitted as surplus. The word “rules” is omitted as being synonymous with “regulations”. The words “the carrier decides is” are substituted for “when, in the opinion of the carrier, such transportation would” to eliminate unnecessary words. The words “of flight” are omitted as surplus.
In subsection (c), the words “for compensation or hire” are omitted because of the definitions of “air transportation” and “intrastate air transportation” in section 40102(a) of the revised title. The word “inspect” is omitted as surplus.
Amendments
2001—Subsec. (a). Pub. L. 107–71 substituted “Under Secretary of Transportation for Security” for “Administrator of the Federal Aviation Administration” in introductory provisions.
Subsec. (b). Pub. L. 107–71, §101(f)(7), substituted “Under Secretary” for “Administrator”.
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including the functions of the Secretary of Transportation, and of the Under Secretary of Transportation for Security, relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
§44903. Air transportation security
(a)
(1) authorized to carry and use firearms;
(2) vested with the degree of the police power of arrest the Under Secretary of Transportation for Security considers necessary to carry out this section; and
(3) identifiable by appropriate indicia of authority.
(b)
(1) consult with the Secretary of Transportation, the Attorney General, the heads of other departments, agencies, and instrumentalities of the United States Government, and State and local authorities;
(2) consider whether a proposed regulation is consistent with—
(A) protecting passengers; and
(B) the public interest in promoting air transportation and intrastate air transportation;
(3) to the maximum extent practicable, require a uniform procedure for searching and detaining passengers and property to ensure—
(A) their safety; and
(B) courteous and efficient treatment by an air carrier, an agent or employee of an air carrier, and Government, State, and local law enforcement personnel carrying out this section; and
(4) consider the extent to which a proposed regulation will carry out this section.
(c)
(2)(A) The Under Secretary may approve a security program of an airport operator, or an amendment in an existing program, that incorporates a security program of an airport tenant (except an air carrier separately complying with part 108 or 129 of title 14, Code of Federal Regulations) having access to a secured area of the airport, if the program or amendment incorporates—
(i) the measures the tenant will use, within the tenant's leased areas or areas designated for the tenant's exclusive use under an agreement with the airport operator, to carry out the security requirements imposed by the Under Secretary on the airport operator under the access control system requirements of section 107.14 of title 14, Code of Federal Regulations, or under other requirements of part 107 of title 14; and
(ii) the methods the airport operator will use to monitor and audit the tenant's compliance with the security requirements and provides that the tenant will be required to pay monetary penalties to the airport operator if the tenant fails to carry out a security requirement under a contractual provision or requirement imposed by the airport operator.
(B) If the Under Secretary approves a program or amendment described in subparagraph (A) of this paragraph, the airport operator may not be found to be in violation of a requirement of this subsection or subsection (b) of this section when the airport operator demonstrates that the tenant or an employee, permittee, or invitee of the tenant is responsible for the violation and that the airport operator has complied with all measures in its security program for securing compliance with its security program by the tenant.
(C)
(3)
(d)
(1) to carry firearms; and
(2) to make arrests without warrant for an offense against the United States committed in the presence of the individual or for a felony under the laws of the United States, if the individual reasonably believes the individual to be arrested has committed or is committing a felony.
(e)
(f)
(g)
(1)
(A)
(B)
(2)
(A) work with airport operators and air carriers to implement and strengthen existing controls to eliminate airport access control weaknesses;
(B) require airport operators and air carriers to develop and implement comprehensive and recurring training programs that teach employees their roles in airport security, the importance of their participation, how their performance will be evaluated, and what action will be taken if they fail to perform;
(C) require airport operators and air carriers to develop and implement programs that foster and reward compliance with airport access control requirements and discourage and penalize noncompliance in accordance with guidelines issued by the Under Secretary to measure employee compliance;
(D) on an ongoing basis, assess and test for compliance with access control requirements, report annually findings of the assessments, and assess the effectiveness of penalties in ensuring compliance with security procedures and take any other appropriate enforcement actions when noncompliance is found;
(E) improve and better administer the Under Secretary's security database to ensure its efficiency, reliability, and usefulness for identification of systemic problems and allocation of resources;
(F) improve the execution of the Under Secretary's quality control program; and
(G) work with airport operators to strengthen access control points in secured areas (including air traffic control operations areas, maintenance areas, crew lounges, baggage handling areas, concessions, and catering delivery areas) to ensure the security of passengers and aircraft and consider the deployment of biometric or similar technologies that identify individuals based on unique personal characteristics.
(h)
(1)
(2)
(3)
(4)
(A) shall require, as soon as practicable after the date of enactment of this subsection, screening or inspection of all individuals, goods, property, vehicles, and other equipment before entry into a secured area of an airport in the United States described in section 44903(c);
(B) shall prescribe specific requirements for such screening and inspection that will assure at least the same level of protection as will result from screening of passengers and their baggage;
(C) shall establish procedures to ensure the safety and integrity of—
(i) all persons providing services with respect to aircraft providing passenger air transportation or intrastate air transportation and facilities of such persons at an airport in the United States described in section 44903(c);
(ii) all supplies, including catering and passenger amenities, placed aboard such aircraft, including the sealing of supplies to ensure easy visual detection of tampering; and
(iii) all persons providing such supplies and facilities of such persons;
(D) shall require vendors having direct access to the airfield and aircraft to develop security programs; and
(E) shall issue, not later than March 31, 2005, guidance for the use of biometric or other technology that positively verifies the identity of each employee and law enforcement officer who enters a secure area of an airport.
(5)
(A) comprehensive technical and operational system requirements and performance standards for the use of biometric identifier technology in airport access control systems (including airport perimeter access control systems) to ensure that the biometric identifier systems are effective, reliable, and secure;
(B) a list of products and vendors that meet the requirements and standards set forth in subparagraph (A);
(C) procedures for implementing biometric identifier systems—
(i) to ensure that individuals do not use an assumed identity to enroll in a biometric identifier system; and
(ii) to resolve failures to enroll, false matches, and false non-matches; and
(D) best practices for incorporating biometric identifier technology into airport access control systems in the most effective manner, including a process to best utilize existing airport access control systems, facilities, and equipment and existing data networks connecting airports.
(6)
(A)
(i) implement this section 1 by publication in the Federal Register; and
(ii) establish a national registered armed law enforcement program, that shall be federally managed, for law enforcement officers needing to be armed when traveling by commercial aircraft.
(B)
(i) establish a credential or a system that incorporates biometric technology and other applicable technologies;
(ii) establish a system for law enforcement officers who need to be armed when traveling by commercial aircraft on a regular basis and for those who need to be armed during temporary travel assignments;
(iii) comply with other uniform credentialing initiatives, including the Homeland Security Presidential Directive 12;
(iv) apply to all Federal, State, local, tribal, and territorial government law enforcement agencies; and
(v) establish a process by which the travel credential or system may be used to verify the identity, using biometric technology, of a Federal, State, local, tribal, or territorial law enforcement officer seeking to carry a weapon on board a commercial aircraft, without unnecessarily disclosing to the public that the individual is a law enforcement officer.
(C)
(i) to ensure that a law enforcement officer of a Federal, State, local, tribal, or territorial government flying armed has a specific reason for flying armed and the reason is within the scope of the duties of such officer;
(ii) to preserve the anonymity of the armed law enforcement officer;
(iii) to resolve failures to enroll, false matches, and false nonmatches relating to the use of the law enforcement travel credential or system;
(iv) to determine the method of issuance of the biometric credential to law enforcement officers needing to be armed when traveling by commercial aircraft;
(v) to invalidate any law enforcement travel credential or system that is lost, stolen, or no longer authorized for use;
(vi) to coordinate the program with the Federal Air Marshal Service, including the force multiplier program of the Service; and
(vii) to implement a phased approach to launching the program, addressing the immediate needs of the relevant Federal agent population before expanding to other law enforcement populations.
(7)
(A)
(B)
(C)
(D)
(E)
(F)
(i)
(1)
(2)
(A) prescribe rules requiring that any such crew member be trained in the proper use of the weapon; and
(B) prescribe guidelines setting forth the circumstances under which such weapons may be used.
(3)
(j)
(1)
(A) review the effectiveness of biometrics systems currently in use at several United States airports, including San Francisco International;
(B) review the effectiveness of increased surveillance at access points;
(C) review the effectiveness of card- or keypad-based access systems;
(D) review the effectiveness of airport emergency exit systems and determine whether those that lead to secure areas of the airport should be monitored or how breaches can be swiftly responded to; and
(E) specifically target the elimination of the “piggy-backing” phenomenon, where another person follows an authorized person through the access point.
The 6-month assessment shall include a 12-month deployment strategy for currently available technology at all category X airports, as defined in the Federal Aviation Administration approved air carrier security programs required under part 108 of title 14, Code of Federal Regulations. Not later than 18 months after the date of enactment of this Act, the Secretary of Transportation shall conduct a review of reductions in unauthorized access at these airports.
(2)
(A)
(i) is used to evaluate all passengers before they board an aircraft; and
(ii) includes procedures to ensure that individuals selected by the system and their carry-on and checked baggage are adequately screened.
(B)
(i) the State has extraordinary air transportation needs or concerns due to its isolation and dependence on air transportation; and
(ii) the routine characteristics of passengers, given the nature of the market, regularly triggers primary selectee status.
(C)
(i)
(ii)
(iii)
(I) establish a procedure to enable airline passengers, who are delayed or prohibited from boarding a flight because the advanced passenger prescreening system determined that they might pose a security threat, to appeal such determination and correct information contained in the system;
(II) ensure that Federal Government databases that will be used to establish the identity of a passenger under the system will not produce a large number of false positives;
(III) establish an internal oversight board to oversee and monitor the manner in which the system is being implemented;
(IV) establish sufficient operational safeguards to reduce the opportunities for abuse;
(V) implement substantial security measures to protect the system from unauthorized access;
(VI) adopt policies establishing effective oversight of the use and operation of the system; and
(VII) ensure that there are no specific privacy concerns with the technological architecture of the system.
(iv)
(I) shall require air carriers to supply to the Assistant Secretary the passenger information needed to begin implementing the advanced passenger prescreening system; and
(II) shall require entities that provide systems and services to air carriers in the operation of air carrier reservations systems to provide to air carriers passenger information in possession of such entities, but only to the extent necessary to comply with subclause (I).
(D)
(i) being certificated by the Federal Aviation Administration;
(ii) being granted unescorted access to the secure area of an airport; or
(iii) being granted unescorted access to the air operations area (as defined in section 1540.5 of title 49, Code of Federal Regulations, or any successor regulation to such section) of an airport.
(E)
(i)
(I) request the Department of Homeland Security to use the advanced passenger prescreening system to compare information about any individual seeking to charter an aircraft with a maximum takeoff weight greater than 12,500 pounds, any passenger proposed to be transported aboard such aircraft, and any individual seeking to lease an aircraft with a maximum takeoff weight greater than 12,500 pounds to the automatic selectee and no fly lists, utilizing all appropriate records in the consolidated and integrated terrorist watchlist maintained by the Federal Government; and
(II) refuse to charter or lease an aircraft with a maximum takeoff weight greater than 12,500 pounds to or transport aboard such aircraft any persons identified on such watch list.
(ii)
(iii)
(F)
(G)
(i)
(ii)
(H)
(k)
(l)
(1)
(2)
(A)
(B)
(C)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1205; Pub. L. 106–181, title VII, §717, Apr. 5, 2000, 114 Stat. 163; Pub. L. 106–528, §§4, 6, Nov. 22, 2000, 114 Stat. 2520, 2521; Pub. L. 107–71, title I, §§101(f)(7)–(9), 106(a), (c), (d), 120, 126(b), 136, 144, Nov. 19, 2001, 115 Stat. 603, 608–610, 629, 632, 636, 644; Pub. L. 107–296, title XIV, §§1405, 1406, Nov. 25, 2002, 116 Stat. 2307; Pub. L. 108–176, title VI, §606(a), Dec. 12, 2003, 117 Stat. 2568; Pub. L. 108–458, title IV, §§4011(a), 4012(a)(1), Dec. 17, 2004, 118 Stat. 3712, 3714; Pub. L. 110–53, title XVI, §1615(a), Aug. 3, 2007, 121 Stat. 486.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44903(a) | 49 App.:1357(f). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §316(a), (b), (e)(2), (3), (f); added Aug. 5, 1974, Pub. L. 93–366, §202, 88 Stat. 415, 417. |
| 44903(b) | 49 App.:1357(a). | |
| 44903(c)(1) | 49 App.:1357(b). | |
| 44903(c)(2) | 49 App.:1357(g). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §316(g); added Aug. 15, 1990, Pub. L. 101–370, §2, 104 Stat. 451. |
| 44903(d) | 49 App.:1356b. | Aug. 8, 1985, Pub. L. 99–83, §553(b), 99 Stat. 226. |
| 44903(e) | 49 App.:1357(e)(2), (3). |
In this section, the word “passengers” is substituted for “persons” for consistency in the revised title.
In subsection (a)(2), the words “the degree of” are substituted for “such” for clarity.
In subsection (b), before clause (1), the word “rules” is omitted as being synonymous with “regulations”. The words “such reasonable . . . requiring such practices, methods, and procedures, or governing the design, materials, and construction of aircraft, as he may deem necessary” are omitted as surplus. The word “air” after “intrastate” is added for clarity and consistency. The words “and amending” are omitted as surplus. In clause (1), the words “the heads of other departments, agencies, and instrumentalities of the United States Government, and State and local authorities” are substituted for “such other Federal, State, and local agencies” for consistency in the revised title and with other titles of the United States Code. The words “as he may deem appropriate” are omitted as surplus. In clause (2)(A), the words “in air transportation or intrastate air transportation against acts of criminal violence and aircraft piracy” are omitted as surplus. In clause (3), before subclause (A), the words “inspection” and “in air transportation and intrastate air transportation” are omitted as surplus. In subclause (B), the words “that they will receive” and “any air transportation security program established under” are omitted as surplus. In clause (4), the words “contribute to . . . the purposes of” are omitted as surplus.
In subsection (c)(1), the words “traveling in air transportation or intrastate air transportation from acts of criminal violence and aircraft piracy” and “whose services are made available by their employers” are omitted as surplus. The words “department, agency, or instrumentality of the Government” are substituted for “Federal department or agency” for consistency in the revised title and with other titles of the Code. The word “When” is substituted for “In any case in which” to eliminate unnecessary words. The words “receipt of”, “by order”, “the services of”, “directly”, and “at the airport concerned in such numbers and for such period of time as the Administrator may deem necessary” are omitted as surplus. The words “When deciding whether additional personnel are needed” are substituted for “In making the determination referred to in the preceding sentence” for clarity.
In subsection (c)(2)(A), before clause (i), the words “under this section” are omitted as surplus. The words “or an amendment in an existing program” are substituted for “and may approve an amendment to a security program of an airport operator approved by the Administrator under subsection (b)” to eliminate unnecessary words. In clause (ii), the word “monetary” is substituted for “financial” for consistency.
In subsection (e), the words “Notwithstanding any other provisions of law”, “the commission of”, “considered”, and “the moment when” before “such door” are omitted as surplus. The words “to allow passengers to leave” are substituted for “disembarkation”, and the words “the aircraft” are added, for clarity. The words “departments, agencies, and instrumentalities of the Government” are substituted for “Federal departments and agencies” for consistency in the revised title and with other titles of the Code. The words “as may be . . . the purposes of” are omitted as surplus.
References in Text
The Federal Advisory Committee Act, referred to in subsec. (f), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees.
The date of enactment of this subsection, referred to in subsec. (h)(4)(A), is the date of enactment of Pub. L. 107–71, which was approved Nov. 19, 2001.
The date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, referred to in subsec. (h)(6)(A), is the date of enactment of Pub. L. 110–53, which was approved Aug. 3, 2007.
The date of enactment of this paragraph, referred to in subsec. (i)(3), is the date of enactment of Pub. L. 107–296, which was approved Nov. 25, 2002.
The date of enactment of the Aviation and Transportation Security Act, referred to in subsec. (j)(1), is the date of enactment of Pub. L. 107–71, which was approved Nov. 19, 2001.
The date of enactment of this Act, referred to in subsec. (j)(1), probably means the date of enactment of Pub. L. 107–71, which enacted subsec. (j), originally (i), of this section and which was approved Nov. 19, 2001.
Section 607 of the Vision 100—Century of Aviation Reauthorization Act, referred to in subsec. (j)(2)(F), is section 607 of Pub. L. 108–176, which is set out as a note below.
Amendments
2007—Subsec. (h)(6). Pub. L. 110–53 amended par. (6) generally. Prior to amendment, par. (6) related to establishment of a uniform law enforcement officer travel credential incorporating biometric identifier technology not later than 120 days after Dec. 17, 2004.
2004—Subsec. (h)(4)(E). Pub. L. 108–458, §4011(a)(1), substituted “shall issue, not later than March 31, 2005, guidance for” for “may provide for”.
Subsec. (h)(5) to (7). Pub. L. 108–458, §4011(a)(2), added pars. (5) to (7).
Subsec. (j)(2)(C) to (H). Pub. L. 108–458, §4012(a)(1), added subpars. (C) to (H).
2003—Subsec. (l). Pub. L. 108–176 added subsec. (l).
2002—Subsec. (h). Pub. L. 107–296, §1406(3), redesignated subsec. (h), relating to limitation on liability for acts to thwart criminal violence or aircraft piracy, as (k).
Pub. L. 107–296, §1406(2), redesignated subsec. (h), relating to authority to arm flight deck crews with less-than-lethal weapons, as (i).
Subsec. (i). Pub. L. 107–296, §1406(2), redesignated subsec. (h), relating to authority to arm flight deck crews with less-than-lethal weapons, as (i). Former subsec. (i) redesignated (j).
Subsec. (i)(1). Pub. L. 107–296, §1405(b)(1), substituted “If the Under Secretary” for “If the Secretary” and “the Under Secretary may” for “the Secretary may”.
Subsec. (i)(2). Pub. L. 107–296, §1405(b)(2), substituted “Under Secretary” for “Secretary” in two places in introductory provisions.
Subsec. (i)(3). Pub. L. 107–296, §1405(a), added par. (3).
Subsec. (j). Pub. L. 107–296, §1406(1), redesignated subsec. (i) as (j).
Subsec. (k). Pub. L. 107–296, §1406(3), redesignated subsec. (h), relating to limitation on liability for acts to thwart criminal violence or aircraft piracy, as (k).
2001—Subsec. (a)(2). Pub. L. 107–71, §101(f)(7), (9), substituted “Under Secretary of Transportation for Security” for “Administrator of the Federal Aviation Administration”.
Subsec. (b). Pub. L. 107–71, §101(f)(7), substituted “Under Secretary” for “Administrator” in two places in introductory provisions.
Subsec. (c)(1), (2)(A), (B). Pub. L. 107–71, §101(f)(7), substituted “Under Secretary” for “Administrator” wherever appearing.
Subsec. (c)(2)(C). Pub. L. 107–71, §120, amended heading and text of subpar. (C) generally, substituting provisions relating to maximum use of chemical and biological weapon detection equipment for provisions relating to a manual process at explosive detection locations for randomly selecting additional checked bags for screening.
Subsec. (c)(3). Pub. L. 107–71, §106(d), added par. (3).
Subsecs. (e), (f), (g)(1)(A), (B). Pub. L. 107–71, §101(f)(7), substituted “Under Secretary” for “Administrator” wherever appearing.
Subsec. (g)(2). Pub. L. 107–71, §101(f)(7), substituted “Under Secretary” for “Administrator” in introductory provisions.
Subsec. (g)(2)(A). Pub. L. 107–71, §106(c)(1), substituted “weaknesses;” for “weaknesses by January 31, 2001;”.
Subsec. (g)(2)(D). Pub. L. 107–71, §106(c)(2), added subpar. (D) and struck out former subpar. (D) which read as follows: “assess and test for compliance with access control requirements, report findings, and assess penalties or take other appropriate enforcement actions when noncompliance is found;”.
Subsec. (g)(2)(C). Pub. L. 107–71, §101(f)(7), substituted “Under Secretary” for “Administrator”.
Subsec. (g)(2)(E). Pub. L. 107–71, §101(f)(8), substituted “Under Secretary's” for “Administrator's”.
Subsec. (g)(2)(F). Pub. L. 107–71, §§101(f)(8), 106(c)(3), substituted “Under Secretary's” for “Administrator's” and “program;” for “program by January 31, 2001;”.
Subsec. (g)(2)(G). Pub. L. 107–71, §106(c)(4), added subpar. (G) and struck out former subpar. (G) which read as follows: “require airport operators and air carriers to strengthen access control points in secured areas (including air traffic control operations areas) to ensure the security of passengers and aircraft by January 31, 2001.”
Subsec. (h). Pub. L. 107–71, §144, which directed that subsec. (h) relating to limitation on liability for acts to thwart criminal violence or aircraft piracy be added at end of section 44903, without specifying the Code title to be amended, was executed by making the addition at the end of this section, to reflect the probable intent of Congress.
Pub. L. 107–71, §126(b), added subsec. (h) relating to authority to arm flight deck crews with less-than-lethal weapons.
Pub. L. 107–71, §106(a), added subsec. (h) relating to improved airport perimeter access security.
Subsec. (i). Pub. L. 107–71, §136, added subsec. (i).
2000—Subsec. (c)(2)(C). Pub. L. 106–528, §6, added subpar. (C).
Subsec. (f). Pub. L. 106–181 added subsec. (f).
Subsec. (g). Pub. L. 106–528, §4, added subsec. (g).
Effective Date of 2003 Amendment
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
Effective Date of 2002 Amendment
Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.
Effective Date of 2000 Amendments
Amendment by Pub. L. 106–528 effective 30 days after Nov. 22, 2000, see section 9 of Pub. L. 106–528, set out as a note under section 106 of this title.
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including the functions of the Secretary of Transportation, and of the Under Secretary of Transportation for Security, relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
Strategic Plan To Test and Implement Advanced Passenger Prescreening System
Pub. L. 110–53, title XVI, §1605, Aug. 3, 2007, 121 Stat. 481, provided that:
“(a)
“(1) describes the system to be utilized by the Department of Homeland Security to assume the performance of comparing passenger information, as defined by the Administrator, to the automatic selectee and no-fly lists, utilizing appropriate records in the consolidated and integrated terrorist watchlist maintained by the Federal Government;
“(2) provides a projected timeline for each phase of testing and implementation of the system;
“(3) explains how the system will be integrated with the prescreening system for passengers on international flights; and
“(4) describes how the system complies with section 552a of title 5, United States Code.
“(b) GAO
“(1) describes the progress made by the Transportation Security Administration in implementing the secure flight passenger pre-screening program;
“(2) describes the effectiveness of the current appeals process for passengers wrongly assigned to the no-fly and terrorist watch lists;
“(3) describes the Transportation Security Administration's plan to protect private passenger information and progress made in integrating the system with the pre-screening program for international flights operated by United States Customs and Border Protection;
“(4) provides a realistic determination of when the system will be completed; and
“(5) includes any other relevant observations or recommendations the Comptroller General deems appropriate.”
Pilot Project To Test Different Technologies at Airport Exit Lanes
Pub. L. 110–53, title XVI, §1613, Aug. 3, 2007, 121 Stat. 485, provided that:
“(a)
“(b)
“(1) utilize different technologies that protect the integrity of the airport exit lanes from unauthorized entry;
“(2) work with airport officials to deploy such technologies in multiple configurations at a selected airport or airports at which some of the exits are not colocated with a screening checkpoint; and
“(3) ensure the level of security is at or above the level of existing security at the airport or airports where the pilot program is conducted.
“(c)
“(1)
“(A) the airport or airports selected to participate in the pilot program;
“(B) the technologies to be tested;
“(C) the potential savings from implementing the technologies at selected airport exits;
“(D) the types of configurations expected to be deployed at such airports; and
“(E) the expected financial contribution from each airport.
“(2)
“(A) the changes in security procedures and technologies deployed;
“(B) the estimated cost savings at the airport or airports that participated in the pilot program; and
“(C) the efficacy and staffing benefits of the pilot program and its applicability to other airports in the United States.
“(3)
“(A) the Committee on Commerce, Science, and Transportation of the Senate;
“(B) the Committee on Appropriations of the Senate;
“(C) the Committee on Homeland Security and Governmental Affairs of the Senate;
“(D) the Committee on Homeland Security of the House of Representatives; and
“(E) the Committee on Appropriations of the House of Representatives.
“(d)
Security Credentials for Airline Crews
Pub. L. 110–53, title XVI, §1614, Aug. 3, 2007, 121 Stat. 486, provided that:
“(a)
“(b)
CAPPS2
Pub. L. 108–176, title VI, §607, Dec. 12, 2003, 117 Stat. 2568, provided that:
“(a)
“(1) a procedure is established enabling airline passengers, who are delayed or prohibited from boarding a flight because CAPPS2 determined that they might pose a security threat, to appeal such determination and correct information contained in CAPPS2;
“(2) the error rate of the Government and private data bases that will be used to both establish identity and assign a risk level to a passenger under CAPPS2 will not produce a large number of false positives that will result in a significant number of passengers being mistaken as a security threat;
“(3) the Under Secretary has demonstrated the efficacy and accuracy of all search tools in CAPPS2 and has demonstrated that CAPPS2 can make an accurate predictive assessment of those passengers who would constitute a security threat;
“(4) the Secretary of Homeland Security has established an internal oversight board to oversee and monitor the manner in which CAPPS2 is being implemented;
“(5) the Under Secretary has built in sufficient operational safeguards to reduce the opportunities for abuse;
“(6) substantial security measures are in place to protect CAPPS2 from unauthorized access by hackers or other intruders;
“(7) the Under Secretary has adopted policies establishing effective oversight of the use and operation of the system; and
“(8) there are no specific privacy concerns with the technological architecture of the system.
“(b) GAO
Reimbursement of Air Carriers for Certain Screening and Related Activities
Pub. L. 108–176, title VIII, §821, Dec. 12, 2003, 117 Stat. 2594, provided that: “The Secretary of Homeland Security, subject to the availability of funds (other than amounts in the Aviation Trust Fund) provided for this purpose, shall reimburse air carriers and airports for—
“(1) the screening of catering supplies; and
“(2) checking documents at security checkpoints.”
Improved Flight Deck Integrity Measures
Pub. L. 107–71, title I, §104, Nov. 19, 2001, 115 Stat. 605, provided that:
“(a)
“(1) issue an order (without regard to the provisions of chapter 5 of title 5, United States Code)—
“(A) prohibiting access to the flight deck of aircraft engaged in passenger air transportation or intrastate air transportation that are required to have a door between the passenger and pilot compartments under title 14, Code of Federal Regulations, except to authorized persons;
“(B) requiring the strengthening of the flight deck door and locks on any such aircraft operating in air transportation or intrastate air transportation that has a rigid door in a bulkhead between the flight deck and the passenger area to ensure that the door cannot be forced open from the passenger compartment;
“(C) requiring that such flight deck doors remain locked while any such aircraft is in flight except when necessary to permit access and egress by authorized persons; and
“(D) prohibiting the possession of a key to any such flight deck door by any member of the flight crew who is not assigned to the flight deck; and
“(2) take such other action, including modification of safety and security procedures and flight deck redesign, as may be necessary to ensure the safety and security of the aircraft.
“(b)
“(1) to use video monitors or other devices to alert pilots in the flight deck to activity in the cabin, except that the use of such monitors or devices shall be subject to nondisclosure requirements applicable to cockpit video recordings under section 1114(c) [of title 49];
“(2) to ensure continuous operation of an aircraft transponder in the event of an emergency; and
“(3) to revise the procedures by which cabin crews of aircraft can notify flight deck crews of security breaches and other emergencies, including providing for the installation of switches or other devices or methods in an aircraft cabin to enable flight crews to discreetly notify the pilots in the case of a security breach occurring in the cabin.
“(c)
Small and Medium Airports
Pub. L. 107–71, title I, §106(b), Nov. 19, 2001, 115 Stat. 609, provided that:
“(1)
“(A) provide technical support to airports, each of which had less than 1 percent of the total annual enplanements in the United States for the most recent calendar year for which data is available, to enhance security operations; and
“(B) provide financial assistance to those airports to defray the costs of enhancing security.
“(2)
“(A)
“(B)
“(i) 15 days for a nonhub airport (as defined in section 41714(h) of title 49, United States Code);
“(ii) 30 days for a small hub airport (as defined in such section);
“(iii) 60 days for a medium hub airport (as defined in such section); and
“(iv) 120 days for an airport that had at least 1 percent of the total annual enplanements in the United States for the most recent calendar year for which data is available.”
Airport Security Awareness Programs
Pub. L. 107–71, title I, §106(e), Nov. 19, 2001, 115 Stat. 610, provided that: “The Under Secretary of Transportation for Security shall require scheduled passenger air carriers, and airports in the United States described in section 44903(c) [of title 49] to develop security awareness programs for airport employees, ground crews, gate, ticket, and curbside agents of the air carriers, and other individuals employed at such airports.”
Airline Computer Reservation Systems
Pub. L. 107–71, title I, §117, Nov. 19, 2001, 115 Stat. 624, provided that: “In order to ensure that all airline computer reservation systems maintained by United States air carriers are secure from unauthorized access by persons seeking information on reservations, passenger manifests, or other nonpublic information, the Secretary of Transportation shall require all such air carriers to utilize to the maximum extent practicable the best technology available to secure their computer reservation system against such unauthorized access.”
Authorization of Funds for Reimbursement of Airports for Security Mandates
Pub. L. 107–71, title I, §121, Nov. 19, 2001, 115 Stat. 630, provided that:
“(a)
“(b)
“(1) the cost is eligible for reimbursement under subsection (a); and
“(2) the cost was incurred by the airport operator, on-airport parking lot, or vendor of on-airfield direct services to air carriers.
The Inspector General of the Department of Transportation and the Comptroller General of the United States may audit such statements and may request any other information necessary to conduct such an audit.
“(c)
Flight Deck Security
Pub. L. 107–71, title I, §128, Nov. 19, 2001, 115 Stat. 633, which authorized the pilot of a passenger aircraft to carry a firearm into the cockpit if approved by the Under Secretary of Transportation for Security and the air carrier, if the firearm is approved by the Under Secretary, and if the pilot has received proper training, was repealed by Pub. L. 107–296, title XIV, §1402(b)(2), Nov. 25, 2002, 116 Stat. 2305.
Charter Air Carriers
Pub. L. 107–71, title I, §132(a), Nov. 19, 2001, 115 Stat. 635, which provided that within 90 days after Nov. 19, 2001, the Under Secretary of Transportation for Security was to implement an aviation security program for charter air carriers with a maximum certificated takeoff weight of 12,500 pounds or more, was repealed by Pub. L. 108–176, title VI, §606(b), Dec. 12, 2003, 117 Stat. 2568.
Physical Security for ATC Facilities
Pub. L. 106–528, §5, Nov. 22, 2000, 114 Stat. 2521, provided that:
“(a)
“(1) correct physical security weaknesses at air traffic control facilities so the facilities can be granted physical security accreditation not later than April 30, 2004; and
“(2) ensure that follow-up inspections are conducted, deficiencies are promptly corrected, and accreditation is kept current for all air traffic control facilities.
“(b)
Deputizing of State and Local Law Enforcement Officers
Pub. L. 106–181, title V, §512, Apr. 5, 2000, 114 Stat. 142, provided that:
“(a)
“(1)
“(2)
“(3)
“(b)
“(1)
“(A) establish a program under which the Attorney General may deputize State and local law enforcement officers having jurisdiction over airports and airport authorities as Deputy United States Marshals for the limited purpose of enforcing Federal laws that regulate security on board aircraft, including laws relating to violent, abusive, or disruptive behavior by passengers in air transportation; and
“(B) encourage the participation of law enforcement officers of State and local governments in the program.
“(2)
“(A) the United States Government (including the Administrator [of the Federal Aviation Administration] or a designated representative of the Administrator); and
“(B) State and local governments in any geographic area in which the program may operate.
“(3)
“(A)
“(i) meet the minimum background and training requirements for a law enforcement officer under part 107 of title 14, Code of Federal Regulations (or equivalent requirements established by the Attorney General); and
“(ii) receive approval to participate in the program from the State or local law enforcement agency that is the employer of that law enforcement officer.
“(B)
“(c)
“(1)
“(2)
“(3)
“(A) be considered to be an employee of the United States Government; or
“(B) receive compensation from the United States Government by reason of service as a Deputy United States Marshal under the program.
“(d)
“(1) grant a State or local law enforcement officer that is deputized under the program the power to enforce any Federal law that is not described in subsection (c); or
“(2) limit the authority that a State or local law enforcement officer may otherwise exercise in the officer's capacity under any other applicable State or Federal law.
“(e)
“(f)
Development of Aviation Security Liaison Agreement
Pub. L. 104–264, title III, §309, Oct. 9, 1996, 110 Stat. 3253, provided that: “The Secretary of Transportation and the Attorney General, acting through the Administrator of the Federal Aviation Administration and the Director of the Federal Bureau of Investigation, shall enter into an interagency agreement providing for the establishment of an aviation security liaison at existing appropriate Federal agencies’ field offices in or near cities served by a designated high-risk airport.”
Definitions of Terms in Pub. L. 107–71
For definitions of terms used in sections 104, 106(b), (e), 117, 121, 128, and 132(a) of Pub. L. 107–71, set out above, see section 133 of Pub. L. 107–71, set out as a note under section 40102 of this title.
1 So in original. Probably should be “paragraph”.
§44904. Domestic air transportation system security
(a)
(b)
(1) the adequacy of security procedures related to the handling and transportation of checked baggage and cargo;
(2) space requirements for security personnel and equipment;
(3) separation of screened and unscreened passengers, baggage, and cargo;
(4) separation of the controlled and uncontrolled areas of airport facilities; and
(5) coordination of the activities of security personnel of the Transportation Security Administration, the United States Customs Service, the Immigration and Naturalization Service, and air carriers, and of other law enforcement personnel.
(c)
(1) establish a damage mitigation and recovery plan for the aviation system in the event of a terrorist attack; and
(2) include a threat matrix document that outlines each threat to the United States civil aviation system and the corresponding layers of security in place to address such threat.
(d)
(e)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1207; Pub. L. 107–71, title I, §101(f)(1), (7), (9), Nov. 19, 2001, 115 Stat. 603; Pub. L. 108–458, title IV, §4001(b), Dec. 17, 2004, 118 Stat. 3712.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44904(a) | 49 App.:1357 (note). | Nov. 16, 1990, Pub. L. 101–604, §106(a), (b), 104 Stat. 3075. |
| 44904(b) | 49 App.:1357 (note). | Nov. 16, 1990, Pub. L. 101–604, §106(c), 104 Stat. 3075. |
| 44904(c) | 49 App.:1357 (note). | Nov. 16, 1990, Pub. L. 101–604, §106(e), 104 Stat. 3075. |
In subsection (a), the words “domestic air transportation system” are substituted for “domestic aviation system” for consistency in this section.
In subsection (b), before clause (1), the word “Director” is substituted for “Federal Bureau of Investigation” because of 28:532. In clauses (1) and (3), the word “mail” is omitted as being included in “cargo”.
In subsection (c), the word “correcting” is substituted for “remedying” for clarity.
References in Text
Section 114(t), referred to in subsecs. (c) and (d), was redesignated section 114(s) by Pub. L. 110–161, div. E, title V, §568(a), Dec. 26, 2007, 121 Stat. 2092.
Amendments
2004—Subsecs. (c) to (e). Pub. L. 108–458 added subsecs. (c) and (d) and redesignated former subsec. (c) as (e).
2001—Subsec. (a). Pub. L. 107–71, §101(f)(7), (9), substituted “Under Secretary” for “Administrator” in two places and “of Transportation for Security” for “of the Federal Aviation Administration”.
Subsec. (b). Pub. L. 107–71, §101(f)(7), substituted “Under Secretary” for “Administrator” in introductory provisions.
Subsec. (b)(5). Pub. L. 107–71, §101(f)(1), substituted “the Transportation Security Administration” for “the Administration”.
Subsec. (c). Pub. L. 107–71, §101(f)(7), substituted “Under Secretary” for “Administrator”.
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including the functions of the Secretary of Transportation, and of the Under Secretary of Transportation for Security, relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
Abolition of Immigration and Naturalization Service and Transfer of Functions
For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of Title 8, Aliens and Nationality.
Regular Joint Threat Assessments
Pub. L. 104–264, title III, §310, Oct. 9, 1996, 110 Stat. 3253, provided that: “The Administrator of the Federal Aviation Administration and the Director of the Federal Bureau of Investigation shall carry out joint threat and vulnerability assessments on security every 3 years, or more frequently, as necessary, at each airport determined to be high risk.”
1 See References in Text note below.
§44905. Information about threats to civil aviation
(a)
(b)
(c)
(A) deciding, on a case-by-case basis, if public notice of a threat is in the best interest of the United States and the traveling public;
(B) ensuring that public notice is provided in a timely and effective way, including the use of a toll-free telephone number; and
(C) canceling the departure of a flight or series of flights under subsection (b) of this section.
(2) The guidelines shall provide for consideration of—
(A) the specificity of the threat;
(B) the credibility of intelligence information related to the threat;
(C) the ability to counter the threat effectively;
(D) the protection of intelligence information sources and methods;
(E) cancellation, by an air carrier or the Under Secretary, of a flight or series of flights instead of public notice;
(F) the ability of passengers and crew to take steps to reduce the risk to their safety after receiving public notice of a threat; and
(G) other factors the Under Secretary considers appropriate.
(d)
(e)
(f)
(g)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1207; Pub. L. 107–71, title I, §101(f)(7), (9), Nov. 19, 2001, 115 Stat. 603.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44905(a) | 49 App.:1358d(a). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §321; added Nov. 16, 1990, Pub. L. 101–604, §109(a), 104 Stat. 3078. |
| 44905(b) | 49 App.:1358d(b). | |
| 44905(c)(1) | 49 App.:1358d(c)(1), (d). | |
| 44905(c)(2) | 49 App.:1358d(e). | |
| 44905(d) | 49 App.:1358d(c)(2). | |
| 44905(e) | 49 App.:1358d(f). | |
| 44905(f) | 49 App.:1358d(h). | |
| 44905(g) | 49 App.:1358d(g). |
In subsection (a), the words “employed by an air carrier, airport operator, or ticket agent” are substituted for “employed by such an entity” for clarity. The words “or a designee of the Secretary” are omitted as unnecessary.
In subsections (c)(1), before clause (A), and (d), the words “Not later than 180 days after November 16, 1990” are omitted as obsolete.
In subsection (c)(1)(B), the words “when considered appropriate” are omitted as unnecessary because of the restatement.
In subsection (e), the words “selective potential travelers” are substituted for “only selective potential travelers” to eliminate an unnecessary word.
In subsection (f), the words “departments, agencies, and instrumentalities of the Government” are substituted for “agencies” for clarity and consistency in the revised title and with other titles of the United States Code. The words “However, a restriction on access to that information may be imposed only if the restriction does not diminish” are substituted for “Any restriction adopted pursuant to this subsection shall not diminish” for clarity.
Amendments
2001—Subsec. (b). Pub. L. 107–71, §101(f)(7), (9), substituted “Under Secretary of Transportation for Security” for “Administrator of the Federal Aviation Administration”.
Subsecs. (c)(2)(E), (G), (d), (f). Pub. L. 107–71, §101(f)(7), substituted “Under Secretary” for “Administrator”.
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including the functions of the Secretary of Transportation, and of the Under Secretary of Transportation for Security, relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
§44906. Foreign air carrier security programs
The Under Secretary of Transportation for Security shall continue in effect the requirement of section 129.25 of title 14, Code of Federal Regulations, that a foreign air carrier must adopt and use a security program approved by the Under Secretary. The Under Secretary shall not approve a security program of a foreign air carrier under section 129.25, or any successor regulation, unless the security program requires the foreign air carrier in its operations to and from airports in the United States to adhere to the identical security measures that the Under Secretary requires air carriers serving the same airports to adhere to. The foregoing requirement shall not be interpreted to limit the ability of the Under Secretary to impose additional security measures on a foreign air carrier or an air carrier when the Under Secretary determines that a specific threat warrants such additional measures. The Under Secretary shall prescribe regulations to carry out this section.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1208; Pub. L. 104–132, title III, §322, Apr. 24, 1996, 110 Stat. 1254; Pub. L. 107–71, title I, §101(f)(7), (9), Nov. 19, 2001, 115 Stat. 603.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44906(a)(1) | 49 App.:1357(k) (1)–(3). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §316(k)(1)–(3); added Nov. 16, 1990, Pub. L. 101–604, §105(a), 104 Stat. 3074. |
| 49 App.:1357 (note). | Nov. 16, 1990, Pub. L. 101–604, §105(c), 104 Stat. 3075. |
The text of 49 App.:1357(k)(3) and the words “Not later than 180 days after the date of enactment of this Act” in section 105(c) of the Aviation Security Improvement Act of 1990 (Public Law 101–604, 104 Stat. 3075) are omitted as obsolete.
Amendments
2001—Pub. L. 107–71 substituted “Under Secretary” for “Administrator” wherever appearing and “of Transportation for Security” for “of the Federal Aviation Administration”.
1996—Pub. L. 104–132 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: “The Administrator of the Federal Aviation Administration shall continue in effect the requirement of section 129.25 of title 14, Code of Federal Regulations, that a foreign air carrier must adopt and use a security program approved by the Administrator. The Administrator may approve a security program of a foreign air carrier under section 129.25 only if the Administrator decides the security program provides passengers of the foreign air carrier a level of protection similar to the level those passengers would receive under the security programs of air carriers serving the same airport. The Administrator shall require a foreign air carrier to use procedures equivalent to those required of air carriers serving the same airport if the Administrator decides that the procedures are necessary to provide a level of protection similar to that provided passengers of the air carriers serving the same airport. The Administrator shall prescribe regulations to carry out this section.”
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including the functions of the Secretary of Transportation, and of the Under Secretary of Transportation for Security, relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
§44907. Security standards at foreign airports
(a)
(A) a foreign airport—
(i) served by an air carrier;
(ii) from which a foreign air carrier serves the United States; or
(iii) that poses a high risk of introducing danger to international air travel; and
(B) other foreign airports the Secretary considers appropriate.
(2) The Secretary of Transportation shall conduct an assessment under paragraph (1) of this subsection—
(A) in consultation with appropriate aeronautic authorities of the government of a foreign country concerned and each air carrier serving the foreign airport for which the Secretary is conducting the assessment;
(B) to establish the extent to which a foreign airport effectively maintains and carries out security measures; and
(C) by using a standard that will result in an analysis of the security measures at the airport based at least on the standards and appropriate recommended practices contained in Annex 17 to the Convention on International Civil Aviation in effect on the date of the assessment.
(3) Each report to Congress required under section 44938(b) of this title shall contain a summary of the assessments conducted under this subsection.
(b)
(1) on the terrorist threat that exists in each country; and
(2) to establish which foreign airports are not under the de facto control of the government of the foreign country in which they are located and pose a high risk of introducing danger to international air travel.
(c)
(d)
(A) the Secretary of Transportation shall—
(i) publish the identity of the airport in the Federal Register;
(ii) have the identity of the airport posted and displayed prominently at all United States airports at which scheduled air carrier operations are provided regularly; and
(iii) notify the news media of the identity of the airport;
(B) each air carrier and foreign air carrier providing transportation between the United States and the airport shall provide written notice of the decision, on or with the ticket, to each passenger buying a ticket for transportation between the United States and the airport;
(C) notwithstanding section 40105(b) of this title, the Secretary of Transportation, after consulting with the appropriate aeronautic authorities of the foreign country concerned and each air carrier serving the airport and with the approval of the Secretary of State, may withhold, revoke, or prescribe conditions on the operating authority of an air carrier or foreign air carrier that uses that airport to provide foreign air transportation; and
(D) the President may prohibit an air carrier or foreign air carrier from providing transportation between the United States and any other foreign airport that is served by aircraft flying to or from the airport with respect to which a decision is made under this section.
(2)(A) Paragraph (1) of this subsection becomes effective—
(i) 90 days after the government of a foreign country is notified under subsection (c) of this section if the Secretary of Transportation finds that the government has not brought the security measures at the airport up to the standard the Secretary used in making an assessment under subsection (a) of this section; or
(ii) immediately on the decision of the Secretary of Transportation under subsection (c) of this section if the Secretary of Transportation decides, after consulting with the Secretary of State, that a condition exists that threatens the safety or security of passengers, aircraft, or crew traveling to or from the airport.
(B) The Secretary of Transportation immediately shall notify the Secretary of State of a decision under subparagraph (A)(ii) of this paragraph so that the Secretary of State may issue a travel advisory required under section 44908(a) of this title.
(3) The Secretary of Transportation promptly shall submit to Congress a report (and classified annex if necessary) on action taken under paragraph (1) or (2) of this subsection, including information on attempts made to obtain the cooperation of the government of a foreign country in meeting the standard the Secretary used in assessing the airport under subsection (a) of this section.
(4) An action required under paragraph (1)(A) and (B) of this subsection is no longer required only if the Secretary of Transportation, in consultation with the Secretary of State, decides that effective security measures are maintained and carried out at the airport. The Secretary of Transportation shall notify Congress when the action is no longer required to be taken.
(e)
(1) a condition exists that threatens the safety or security of passengers, aircraft, or crew traveling to or from that airport; and
(2) the public interest requires an immediate suspension of transportation between the United States and that airport.
(f)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1209.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44907(a)(1) | 49 App.:1515(a)(1). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1115(a), (b), (d)–(h); added Aug. 5, 1974, Pub. L. 93–366, §106, 88 Stat. 414; restated Aug. 8, 1985, Pub. L. 99–83, §551(a), 99 Stat. 222. |
| 44907(a)(2) | 49 App.:1515(a)(2), (3). | |
| 44907(a)(3) | 49 App.:1515(c). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1115(c); added Aug. 5, 1974, Pub. L. 93–366, §106, 88 Stat. 414; restated Aug. 8, 1985, Pub. L. 99–83, §551(a), 99 Stat. 222; Nov. 16, 1990, Pub. L. 101–604, §102(c)(2), 104 Stat. 3069. |
| 44907(b) | 49 App.:1515(b). | |
| 44907(c) | 49 App.:1515(d). | |
| 44907(d)(1) | 49 App.:1515(e)(2). | |
| 44907(d)(2) | 49 App.:1515(e)(1). | |
| 44907(d)(3) | 49 App.:1515(e)(3). | |
| 44907(d)(4) | 49 App.:1515(f). | |
| 44907(e) | 49 App.:1515(g). | |
| 44907(f) | 49 App.:1515(h). |
In subsections (a)(2)(A) and (d)(2)(A)(i) and (3), the words “government of a foreign country” are substituted for “foreign government” for consistency in the revised title and with other titles of the United States Code.
In subsection (a)(2)(B), the word “foreign” is added for clarity and consistency in this section.
In subsection (b)(2), the word “foreign” is added for consistency in the revised title and with other titles of the Code.
In subsection (c), the words “government of a foreign country” are substituted for “foreign government” for consistency in the revised title and with other titles of the Code.
In subsection (d)(1), before clause (A), the words “Subject to paragraph (1)” are omitted as surplus. In clause (C), the words “foreign country” are substituted for “foreign government” for clarity and consistency in the revised title and with other titles of the Code. The word “prescribe” is substituted for “impose” for consistency in the revised title and with other titles of the Code. The word “provide” is substituted for “engage in” for consistency in the revised title. In clause (D), the words “directly or indirectly” are omitted as surplus.
In subsection (d)(2)(A)(i), the words “identified” and “of such airport” are omitted as surplus.
In subsection (d)(2)(B), the words “issue a travel advisory required under section 44908(a) of this title” are substituted for “comply with the requirement of section 1515(a) [sic] of this Appendix that a travel advisory be issued” to eliminate unnecessary words.
In subsection (d)(4), the words “An action required . . . is no longer required” are substituted for “The sanctions required to be imposed with respect to an airport . . . may be lifted” to eliminate unnecessary words.
In subsection (e), before clause (1), the word “provide” is substituted for “engage in” for consistency in the revised title.
In subsection (f), the words “issued under authority vested in” are omitted as surplus.
§44908. Travel advisory and suspension of foreign assistance
(a)
(1) immediately shall issue a travel advisory for that airport; and
(2) shall publicize the advisory widely.
(b)
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1211; Pub. L. 105–277, div. G, subdiv. B, title XXII, §2224(a), Oct. 21, 1998, 112 Stat. 2681–819.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44908(a) | 49 App.:1515a(a). | Aug. 8, 1985, Pub. L. 99–83, §552, 99 Stat. 226. |
| 44908(b) | 49 App.:1515a(b). | |
| 44908(c) | 49 App.:1515a(c), (d). |
In subsection (a)(3), the words “take the necessary steps to” are omitted as surplus.
In subsection (b), the words “all” and “the requirements of” are omitted as surplus.
Subsection (c) is substituted for 49 App.:1515a(c) and (d) to eliminate unnecessary words.
References in Text
The Foreign Assistance Act of 1961, referred to in subsec. (b), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, as amended, which is classified principally to chapter 32 (§2151 et seq.) of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of Title 22 and Tables.
The Arms Export Control Act, referred to in subsec. (b), is Pub. L. 90–629, Oct. 22, 1968, 82 Stat. 1320, as amended, which is classified principally to chapter 39 (§2751 et seq.) of Title 22. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of Title 22 and Tables.
Amendments
1998—Subsec. (a). Pub. L. 105–277 inserted “and” at end of par. (1), redesignated par. (3) as (2), and struck out former par. (2) which read as follows: “shall publish the advisory in the Federal Register; and”.
§44909. Passenger manifests
(a)
(A) not later than one hour after that carrier is notified of an aviation disaster outside the United States involving that flight; or
(B) if it is not technologically feasible or reasonable to comply with clause (A) of this paragraph, then as expeditiously as possible, but not later than 3 hours after the carrier is so notified.
(2) The passenger manifest should include the following information:
(A) the full name of each passenger.
(B) the passport number of each passenger, if required for travel.
(C) the name and telephone number of a contact for each passenger.
(3) In carrying out this subsection, the Secretary of Transportation shall consider the necessity and feasibility of requiring air carriers to collect passenger manifest information as a condition for passengers boarding a flight of the carrier.
(b)
(c)
(1)
(2)
(A) The full name of each passenger and crew member.
(B) The date of birth and citizenship of each passenger and crew member.
(C) The sex of each passenger and crew member.
(D) The passport number and country of issuance of each passenger and crew member if required for travel.
(E) The United States visa number or resident alien card number of each passenger and crew member, as applicable.
(F) Such other information as the Under Secretary, in consultation with the Commissioner of Customs, determines is reasonably necessary to ensure aviation safety.
(3)
(4)
(5)
(6)
(A)
(B)
(i)
(ii)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1211; Pub. L. 106–181, title VII, §718, Apr. 5, 2000, 114 Stat. 163; Pub. L. 107–71, title I, §115, Nov. 19, 2001, 115 Stat. 623; Pub. L. 108–458, title IV, §4012(a)(2), Dec. 17, 2004, 118 Stat. 3717.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44909(a)(1) | 49 App.:1380(a). | Aug. 23, 1958, Pub. L. 85–726, §410, 72 Stat. 769; Oct. 15, 1962, Pub. L. 87–820, §8, 76 Stat. 936; restated Nov. 16, 1990, Pub. L. 101–604, §203(a), 104 Stat. 3082. |
| 44909(a)(2) | 49 App.:1380(b). | |
| 44909(a)(3) | 49 App.:1380 (note). | Nov. 16, 1990, Pub. L. 101–604, §203(b), 104 Stat. 3082. |
| 44909(b) | 49 App.:1380 (note). | Nov. 16, 1990, Pub. L. 101–604, §203(c), 104 Stat. 3083. |
In subsection (a)(1), before clause (A), the words “each air carrier” are substituted “all United States air carriers” because of the definition of “air carrier” in section 40102(a) of the revised title. The words “an appropriate representative of the Secretary of State” are substituted for “appropriate representatives of the United States Department of State” because of 22:2651 and for consistency in the revised title and with other titles of the United States Code. In clause (B), the words “to comply with clause (A) of this paragraph” are substituted for “to fulfill the requirement of this subsection” for consistency in the revised title and with other titles of the Code.
In subsection (a)(2), before clause (B), the words “For purposes of this section” are omitted as unnecessary.
In subsection (a)(3), the words “In carrying out this subsection” are substituted for “In implementing the requirement pursuant to the amendment made by subsection (a) of this section” for clarity and to eliminate unnecessary words.
In subsection (b), the word “imposing” is added for clarity. The words “imposed on air carriers under subsection (a)(1) and (2) of this section” are substituted for “imposed pursuant to the amendment made by subsection (a)” for clarity and because of the restatement.
References in Text
The date of enactment of the Aviation and Transportation Security Act, referred to in subsec. (c)(1), is the date of enactment of Pub. L. 107–71, which was approved Nov. 19, 2001.
The date of enactment of this paragraph, referred to in subsec. (c)(6)(A), is the date of enactment of Pub. L. 108–458, which was approved Dec. 17, 2004.
Amendments
2004—Subsec. (c)(4). Pub. L. 108–458, §4012(a)(2)(A), substituted “paragraphs (5) and (6),” for “paragraph (5),”.
Subsec. (c)(6). Pub. L. 108–458, §4012(a)(2)(B), added par. (6).
2001—Subsec. (c). Pub. L. 107–71 which directed the addition of subsec. (c) to section 44909, without specifying the Code title to be amended, was executed by making the addition to this section, to reflect the probable intent of Congress.
2000—Subsec. (a)(2). Pub. L. 106–181 substituted “should” for “shall” in introductory provisions.
Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including the functions of the Secretary of Transportation, and of the Under Secretary of Transportation for Security, relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
§44910. Agreements on aircraft sabotage, aircraft hijacking, and airport security
The Secretary of State shall seek multilateral and bilateral agreement on strengthening enforcement measures and standards for compliance related to aircraft sabotage, aircraft hijacking, and airport security.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1212.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44910 | 49 App.:1515 (note). | Aug. 8, 1985, Pub. L. 99–83, §556, 99 Stat. 227. |
§44911. Intelligence
(a)
(1) the Department of State.
(2) the Department of Defense.
(3) the Department of the Treasury.
(4) the Department of Energy.
(5) the Departments of the Army, Navy, and Air Force.
(6) the Central Intelligence Agency.
(7) the National Security Agency.
(8) the Defense Intelligence Agency.
(9) the Federal Bureau of Investigation.
(10) the Drug Enforcement Administration.
(b)
(c)
(d)
(e)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1212; Pub. L. 107–71, title I, §§101(f)(7), (9), 102(b), (c), Nov. 19, 2001, 115 Stat. 603, 605.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44911(a) | 49 App.:1358d (note). | Nov. 16, 1990, Pub. L. 101–604, §111(e), 104 Stat. 3080. |
| 44911(b) | 49 App.:1358d (note). | Nov. 16, 1990, Pub. L. 101–604, §111(a), 104 Stat. 3080. |
| 44911(c) | 49 App.:1358d (note). | Nov. 16, 1990, Pub. L. 101–604, §111(b), 104 Stat. 3080. |
| 44911(d) | 49 App.:1358d (note). | Nov. 16, 1990, Pub. L. 101–604, §111(c), 104 Stat. 3080. |
| 44911(e) | 49 App.:1358d (note). | Nov. 16, 1990, Pub. L. 101–604, §111(d), 104 Stat. 3080. |
In this section, the word “units” is substituted for “agencies” for consistency in the revised title and with other titles of the United States Code.
In subsections (b) and (e), the words “Not later than 180 days after the date of enactment of this Act” in section 111(a) and (d) of the Aviation Security Improvement Act of 1990 (Public Law 101–640, 104 Stat. 3080) are omitted as obsolete.
In subsection (b), the words “the heads of other units in the intelligence community, the Secretary of Transportation, and the Administrator of the Federal Aviation Administration” are substituted for “other members of the intelligence community, the Department of Transportation, and the Federal Aviation Administration” for clarity and consistency in the revised title and with other titles of the Code.
In subsections (c) and (e), the words “heads of units in the intelligence community” are substituted for “intelligence community” for clarity and consistency in the revised title and with other titles of the Code.
In subsection (e), the words “memorandums of understanding” are omitted as being included in “written working agreements”.
Amendments
2001—Subsec. (b). Pub. L. 107–71, §102(b), struck out “international” before “terrorism”.
Pub. L. 107–71, §101(f)(7), (9), substituted “Under Secretary of Transportation for Security” for “Administrator of the Federal Aviation Administration”.
Subsec. (c). Pub. L. 107–71, §102(c), substituted “place” for “consider placing”.
Subsec. (e). Pub. L. 107–71, §101(f)(7), substituted “Under Secretary” for “Administrator” in two places.
Change of Name
Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 401 of Title 50, War and National Defense.
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including the functions of the Secretary of Transportation, and of the Under Secretary of Transportation for Security, relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
§44912. Research and development
(a)
(2) In designing and carrying out the program established under this subsection, the Under Secretary shall—
(A) consult and coordinate activities with other departments, agencies, and instrumentalities of the United States Government doing similar research;
(B) identify departments, agencies, and instrumentalities that would benefit from that research; and
(C) seek cost-sharing agreements with those departments, agencies, and instrumentalities.
(3) In carrying out the program established under this subsection, the Under Secretary shall review and consider the annual reports the Secretary of Transportation submits to Congress on transportation security and intelligence.
(4)(A) In carrying out the program established under this subsection, the Administrator shall designate an individual to be responsible for engineering, research, and development with respect to security technology under the program.
(B) The individual designated under subparagraph (A) shall use appropriate systems engineering and risk management models in making decisions regarding the allocation of funds for engineering, research, and development with respect to security technology under the program.
(C) The individual designated under subparagraph (A) shall, on an annual basis, submit to the Research, Engineering and Development Advisory Committee a report on activities under this paragraph during the preceding year. Each report shall include, for the year covered by such report, information on—
(i) progress made in engineering, research, and development with respect to security technology;
(ii) the allocation of funds for engineering, research, and development with respect to security technology; and
(iii) engineering, research, and development with respect to any technologies drawn from other agencies, including the rationale for engineering, research, and development with respect to such technologies.
(5) The Under Secretary may—
(A) make grants to institutions of higher learning and other appropriate research facilities with demonstrated ability to carry out research described in paragraph (1) of this subsection, and fix the amounts and terms of the grants; and
(B) make cooperative agreements with governmental authorities the Under Secretary decides are appropriate.
(b)
(A) a comprehensive systems analysis (employing vulnerability analysis, threat attribute definition, and technology roadmaps) of the civil aviation system, including—
(i) the destruction, commandeering, or diversion of civil aircraft or the use of civil aircraft as a weapon; and
(ii) the disruption of civil aviation service, including by cyber attack;
(B) explosive material that presents the most significant threat to civil aircraft;
(C) the minimum amounts, configurations, and types of explosive material that can cause, or would reasonably be expected to cause, catastrophic damage to aircraft in air transportation;
(D) the amounts, configurations, and types of explosive material that can be detected reliably by existing, or reasonably anticipated, near-term explosive detection technologies;
(E) the potential release of chemical, biological, or similar weapons or devices either within an aircraft or within an airport;
(F) the feasibility of using various ways to minimize damage caused by explosive material that cannot be detected reliably by existing, or reasonably anticipated, near-term explosive detection technologies;
(G) the ability to screen passengers, carry-on baggage, checked baggage, and cargo; and
(H) the technologies that might be used in the future to attempt to destroy or otherwise threaten commercial aircraft and the way in which those technologies can be countered effectively.
(2) The Under Secretary shall use the results of the review under this subsection to develop the focus and priorities of the program established under subsection (a) of this section.
(c)
(2)(A) The advisory panel shall consist of individuals who have scientific and technical expertise in—
(i) the development and testing of effective explosive detection systems;
(ii) aircraft structure and experimentation to decide on the type and minimum weights of explosives that an effective explosive detection technology must be capable of detecting;
(iii) technologies involved in minimizing airframe damage to aircraft from explosives; and
(iv) other scientific and technical areas the Administrator considers appropriate.
(B) In appointing individuals to the advisory panel, the Administrator should consider individuals from academia and the national laboratories, as appropriate.
(3) The Administrator shall organize the advisory panel into teams capable of undertaking the review of policies and technologies upon request.
(4) Not later than 90 days after the date of the enactment of the Aviation and Transportation Security Act, and every two years thereafter, the Administrator shall review the composition of the advisory panel in order to ensure that the expertise of the individuals on the panel is suited to the current and anticipated duties of the panel.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1212; Pub. L. 107–71, title I, §§101(f)(7), (9), 112, Nov. 19, 2001, 115 Stat. 603, 620.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44912(a) | 49 App.:1357(d)(3)(A), (D), (4)–(7). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §316(d)(3)–(8); added Nov. 16, 1990, Pub. L. 101–604, §107, 104 Stat. 3076. |
| 44912(b) | 49 App.:1357(d)(3)(B), (C). | |
| 44912(c) | 49 App.:1357(d)(8). |
In subsection (a)(1), the words “It shall be the purpose of the program established under paragraph (3)” and “established under paragraph (3)” are omitted as unnecessary.
In subsection (a)(2)(A), the word “activities” is added for clarity. The words “departments, agencies, and instrumentalities of the United States Government” are substituted for “Federal agencies” for consistency in the revised title and with other titles of the United States Code.
In subsection (a)(4), the words “The Administrator may . . . make grants” are substituted for “Amounts appropriated for each fiscal year under paragraph (9) shall be made available by the Administrator, by way of grants” to eliminate unnecessary words. In clause (A), the words “institutions of higher learning” are substituted for “colleges, universities”, and the word “institutions” is substituted for “institutions and facilities”, for clarity and consistency in the revised title and with other titles of the Code. In clause (B), the words “governmental authorities” are substituted for “governmental entities” for consistency in the revised title and with other titles of the Code.
In subsection (b)(1), before clause (A), the words “Not later than 180 days after November 16, 1990” are omitted as obsolete. Clause (B) is substituted for 49 App.:1357(d)(3)(B)(ii) and (iii) for clarity and to eliminate unnecessary words.
In subsection (b)(1)(E), the word “mail” is omitted as being included in “cargo”.
References in Text
The date of the enactment of the Aviation and Transportation Security Act, referred to in subsec. (c)(4), is the date of enactment of Pub. L. 107–71, which was approved Nov. 19, 2001.
Amendments
2001—Subsec. (a)(1). Pub. L. 107–71, §101(f)(7), (9), substituted “Under Secretary of Transportation for Security” for “Administrator of the Federal Aviation Administration”.
Subsec. (a)(2), (3). Pub. L. 107–71, §101(f)(7), substituted “Under Secretary” for “Administrator”.
Subsec. (a)(4). Pub. L. 107–71, §112(b)(1)(B), added par. (4). Former par. (4) redesignated (5).
Pub. L. 107–71, §101(f)(7), substituted “Under Secretary” for “Administrator” in two places.
Subsec. (a)(5). Pub. L. 107–71, §112(b)(1)(A), redesignated par. (4) as (5).
Subsec. (b)(1). Pub. L. 107–71, §§101(f)(7), 112(a)(1), in introductory provisions, substituted “Under Secretary” for “Administrator” and “periodically review” for “complete an intensive review of”.
Subsec. (b)(1)(A). Pub. L. 107–71, §112(b)(2)(B), added subpar. (A). Former subpar. (A) redesignated (B).
Subsec. (b)(1)(B). Pub. L. 107–71, §112(b)(2)(A), redesignated subpar. (A) as (B). Former subpar. (B) redesignated (C).
Pub. L. 107–71, §112(a)(2), substituted “aircraft in air transportation;” for “commercial aircraft in service and expected to be in service in the 10-year period beginning on November 16, 1990;”.
Subsec. (b)(1)(C). Pub. L. 107–71, §112(b)(2)(A), redesignated subpar. (B) as (C). Former subpar. (C) redesignated (D).
Subsec. (b)(1)(D). Pub. L. 107–71, §112(b)(2)(A), redesignated subpar. (C) as (D). Former subpar. (D) redesignated (E).
Pub. L. 107–71, §112(a)(3), added subpar. (D). Former subpar. (D) redesignated (E).
Subsec. (b)(1)(E) to (G). Pub. L. 107–71, §112(b)(2)(A), redesignated subpars. (D) to (F) as (E) to (G), respectively. Former subpar. (G) redesignated (H).
Pub. L. 107–71, §112(a)(3), redesignated subpars. (D) to (F) as (E) to (G), respectively.
Subsec. (b)(1)(H). Pub. L. 107–71, §112(b)(2)(A), redesignated subpar. (G) as (H).
Subsec. (b)(2). Pub. L. 107–71, §101(f)(7), substituted “Under Secretary” for “Administrator”.
Subsec. (c). Pub. L. 107–71, §112(b)(3), amended heading and text of subsec. (c) generally. Prior to amendment, text read as follows: “The Administrator shall establish a scientific advisory panel, as a subcommittee of the Research, Engineering and Development Advisory Committee, to review, comment on, advise on the progress of, and recommend modifications in, the program established under subsection (a) of this section, including the need for long-range research programs to detect and prevent catastrophic damage to commercial aircraft by the next generation of terrorist weapons. The panel shall consist of individuals with scientific and technical expertise in—
“(1) the development and testing of effective explosive detection systems;
“(2) aircraft structure and experimentation to decide on the type and minimum weights of explosives that an effective technology must be capable of detecting;
“(3) technologies involved in minimizing airframe damage to aircraft from explosives; and
“(4) other scientific and technical areas the Administrator considers appropriate.”
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including the functions of the Secretary of Transportation, and of the Under Secretary of Transportation for Security, relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
Research and Development of Aviation Security Technology
Pub. L. 107–71, title I, §137, Nov. 19, 2001, 115 Stat. 637, as amended by Pub. L. 110–53, title XVI, §1608, Aug. 3, 2007, 121 Stat. 484, provided that:
“(a)
“(1) the acceleration of research, development, testing, and evaluation of explosives detection technology for checked baggage, specifically, technology that is—
“(A) more cost-effective for deployment for explosives detection in checked baggage at small- to medium-sized airports, and is currently under development as part of the Argus research program at the Transportation Security Administration;
“(B) faster, to facilitate screening of all checked baggage at larger airports; or
“(C) more accurate, to reduce the number of false positives requiring additional security measures;
“(2) acceleration of research, development, testing, and evaluation of new screening technology for carry-on items to provide more effective means of detecting and identifying weapons, explosives, and components of weapons of mass destruction, including advanced x-ray technology;
“(3) acceleration of research, development, testing, and evaluation of threat screening technology for other categories of items being loaded onto aircraft, including cargo, catering, and duty-free items;
“(4) acceleration of research, development, testing, and evaluation of threats carried on persons boarding aircraft or entering secure areas, including detection of weapons, explosives, and components of weapons of mass destruction;
“(5) acceleration of research, development, testing and evaluation of integrated systems of airport security enhancement, including quantitative methods of assessing security factors at airports selected for testing such systems;
“(6) expansion of the existing program of research, development, testing, and evaluation of improved methods of education, training, and testing of key airport security personnel; and
“(7) acceleration of research, development, testing, and evaluation of aircraft hardening materials, and techniques to reduce the vulnerability of aircraft to terrorist attack.
“(b)
“(c)
“(d)
“(1) research and development of longer-term improvements to airport security, including advanced weapons detection;
“(2) secure networking and sharing of threat information between Federal agencies, law enforcement entities, and other appropriate parties;
“(3) advances in biometrics for identification and threat assessment; or
“(4) other technologies for preventing acts of terrorism in aviation.”
[For definitions of terms used in section 137 of Pub. L. 107–71, set out above, see section 133 of Pub. L. 107–71, set out as a note under section 40102 of this title.]
Termination of Advisory Panels
Advisory panels established after Jan. 5, 1973, to terminate not later than expiration of 2-year period beginning on the date of their establishment, unless, in the case of a panel established by the President or an officer of the Federal Government, such panel is renewed by appropriate action prior to expiration of such 2-year period, or in the case of a panel established by Congress, its duration is otherwise provided for by law. See sections 3(2) and 14 of Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government Organization and Employees.
§44913. Explosive detection
(a)
(2) Before completion of the tests described in paragraph (1) of this subsection, but not later than April 16, 1992, the Under Secretary may require deployment of explosive detection equipment described in paragraph (1) if the Under Secretary decides that deployment will enhance aviation security significantly. In making that decision, the Under Secretary shall consider factors such as the ability of the equipment alone, or as part of an integrated system, to detect under realistic air carrier operating conditions the amounts, configurations, and types of explosive material that would likely be used to cause catastrophic damage to commercial aircraft. The Under Secretary shall notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of a deployment decision made under this paragraph.
(3) Until such time as the Under Secretary determines that equipment certified under paragraph (1) is commercially available and has successfully completed operational testing as provided in paragraph (1), the Under Secretary shall facilitate the deployment of such approved commercially available explosive detection devices as the Under Secretary determines will enhance aviation security significantly. The Under Secretary shall require that equipment deployed under this paragraph be replaced by equipment certified under paragraph (1) when equipment certified under paragraph (1) becomes commercially available. The Under Secretary is authorized, based on operational considerations at individual airports, to waive the required installation of commercially available equipment under paragraph (1) in the interests of aviation security. The Under Secretary may permit the requirements of this paragraph to be met at airports by the deployment of dogs or other appropriate animals to supplement equipment for screening passengers, baggage, mail, or cargo for explosives or weapons.
(4) This subsection does not prohibit the Under Secretary from purchasing or deploying explosive detection equipment described in paragraph (1) of this subsection.
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1214; Pub. L. 104–264, title III, §305(a), Oct. 9, 1996, 110 Stat. 3252; Pub. L. 104–287, §5(9), Oct. 11, 1996, 110 Stat. 3389; Pub. L. 107–71, title I, §101(f)(2), (7), (9), Nov. 19, 2001, 115 Stat. 603.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44913(a)(1) | 49 App.:1358c(a), (b). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §320; added Nov. 16, 1990, Pub. L. 101–604, §108, 104 Stat. 3077. |
| 44913(a)(2) | 49 App.:1358c(c). | |
| 44913(a)(3) | 49 App.:1358c(d). | |
| 44913(b) | 49 App.:2225. | Sept. 3, 1982, Pub. L. 97–248, §529, 96 Stat. 699; Dec. 30, 1987, Pub. L. 100–223, §114, 101 Stat. 1505. |
In subsection (a), the words “after November 16, 1990” are omitted as executed. The words “The Administrator shall base the certification on” are substituted for “based on” because of the restatement.
In subsection (b), the words “but not be limited to” are omitted as unnecessary.
Amendments
2001—Subsec. (a)(1). Pub. L. 107–71, §101(f)(9), substituted “of Transportation for Security” for “of the Federal Aviation Administration”.
Pub. L. 107–71, §101(f)(7), substituted “Under Secretary” for “Administrator” in two places.
Pub. L. 107–71, §101(f)(2), substituted “of the Transportation Security Administration” for “of the Administration” in second sentence.
Subsec. (a)(2) to (4). Pub. L. 107–71, §101(f)(7), substituted “Under Secretary” for “Administrator” wherever appearing.
1996—Subsec. (a)(2). Pub. L. 104–287 substituted “Transportation and Infrastructure” for “Public Works and Transportation”.
Subsec. (a)(3), (4). Pub. L. 104–264 added par. (3) and redesignated former par. (3) as (4).
Effective Date of 1996 Amendment
Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title.
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including the functions of the Secretary of Transportation, and of the Under Secretary of Transportation for Security, relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
Improved Explosive Detection Systems
Pub. L. 108–458, title IV, §4024, Dec. 17, 2004, 118 Stat. 3724, provided that:
“(a)
“(b)
Weapons and Explosive Detection Study
Section 303 of Pub. L. 104–264 provided that:
“(a)
“(b)
“(1)
“(2)
“(c)
“(1) assess the weapons and explosive detection technologies that are available at the time of the study that are capable of being effectively deployed in commercial aviation;
“(2) determine how the technologies referred to in paragraph (1) may more effectively be used for promotion and improvement of security at airport and aviation facilities and other secured areas;
“(3) assess the cost and advisability of requiring hardened cargo containers as a way to enhance aviation security and reduce the required sensitivity of bomb detection equipment; and
“(4) on the basis of the assessments and determinations made under paragraphs (1), (2), and (3), identify the most promising technologies for the improvement of the efficiency and cost-effectiveness of weapons and explosive detection.
“(d)
“(1) expertise; and
“(2) to the extent allowable by law, resources and facilities.
“(e)
“(f)
§44914. Airport construction guidelines
In consultation with air carriers, airport authorities, and others the Under Secretary of Transportation for Security considers appropriate, the Under Secretary shall develop guidelines for airport design and construction to allow for maximum security enhancement. In developing the guidelines, the Under Secretary shall consider the results of the assessment carried out under section 44904(a) of this title.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1214; Pub. L. 107–71, title I, §101(f)(7), (9), Nov. 19, 2001, 115 Stat. 603.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44914 | 49 App.:1357 (note). | Nov. 16, 1990, Pub. L. 101–604, §106(f), 104 Stat. 3075. |
| 49 App.:1432(d). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §612(d); added Nov. 16, 1990, Pub. L. 101–604, §110(a), 104 Stat. 3080. |
The words “In developing the guidelines” are substituted for “In developing airport construction guidelines under subsection (d) of section 612 of the Federal Aviation Act of 1958, as added by section 110 of this Act” in section 106(f) of the Aviation Security Improvement Act of 1990 (Public Law 101–604, 104 Stat. 3075) to eliminate unnecessary words.
Amendments
2001—Pub. L. 107–71 substituted “Under Secretary” for “Administrator” wherever appearing and “of Transportation for Security” for “of the Federal Aviation Administration”.
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including the functions of the Secretary of Transportation, and of the Under Secretary of Transportation for Security, relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
§44915. Exemptions
The Under Secretary of Transportation for Security may exempt from sections 44901, 44903(a)–(c) and (e), 44906, 44935, and 44936 of this title airports in Alaska served only by air carriers that—
(1) hold certificates issued under section 41102 of this title;
(2) operate aircraft with certificates for a maximum gross takeoff weight of less than 12,500 pounds; and
(3) board passengers, or load property intended to be carried in an aircraft cabin, that will be screened under section 44901 of this title at another airport in Alaska before the passengers board, or the property is loaded on, an aircraft for a place outside Alaska.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1215; Pub. L. 107–71, title I, §101(f)(7), (9), Nov. 19, 2001, 115 Stat. 603.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44915 | 49 App.:1358. | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §317; added July 12, 1976, Pub. L. 94–353, §17(a), 90 Stat. 882. |
In clause (1), the word “issued” is substituted for “granted” for consistency in this part. The words “by the Civil Aeronautics Board” are omitted as surplus.
Clause (3) is substituted for 49 App.:1358 (words after 3d comma) for consistency in the revised title.
Amendments
2001—Pub. L. 107–71 substituted “Under Secretary of Transportation for Security” for “Administrator of the Federal Aviation Administration” in introductory provisions.
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including the functions of the Secretary of Transportation, and of the Under Secretary of Transportation for Security, relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
§44916. Assessments and evaluations
(a)
(b)
(Added Pub. L. 104–264, title III, §312(a), Oct. 9, 1996, 110 Stat. 3253; amended Pub. L. 107–71, title I, §101(f)(3), (7), Nov. 19, 2001, 115 Stat. 603.)
Amendments
2001—Subsec. (a). Pub. L. 107–71, §101(f)(3), substituted “Under Secretary of Transportation for Security” for “Administrator” in first sentence and “Transportation Security Administration” for “Administration” in second sentence.
Subsec. (b). Pub. L. 107–71, §101(f)(7), substituted “Under Secretary” for “Administrator” in two places.
Effective Date
Except as otherwise specifically provided, section applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as an Effective Date of 1996 Amendment note under section 106 of this title.
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including the functions of the Secretary of Transportation, and of the Under Secretary of Transportation for Security, relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
§44917. Deployment of Federal air marshals
(a)
(1) may provide for deployment of Federal air marshals on every passenger flight of air carriers in air transportation or intrastate air transportation;
(2) shall provide for deployment of Federal air marshals on every such flight determined by the Secretary to present high security risks;
(3) shall provide for appropriate training, supervision, and equipment of Federal air marshals;
(4) shall require air carriers providing flights described in paragraph (1) to provide seating for a Federal air marshal on any such flight without regard to the availability of seats on the flight and at no cost to the United States Government or the marshal;
(5) may require air carriers to provide, on a space-available basis, to an off-duty Federal air marshal a seat on a flight to the airport nearest the marshal's home at no cost to the marshal or the United States Government if the marshal is traveling to that airport after completing his or her security duties;
(6) may enter into agreements with Federal, State, and local agencies under which appropriately-trained law enforcement personnel from such agencies, when traveling on a flight of an air carrier, will carry a firearm and be prepared to assist Federal air marshals;
(7) shall establish procedures to ensure that Federal air marshals are made aware of any armed or unarmed law enforcement personnel on board an aircraft; and
(8) may appoint—
(A) an individual who is a retired law enforcement officer;
(B) an individual who is a retired member of the Armed Forces; and
(C) an individual who has been furloughed from an air carrier crew position in the 1-year period beginning on September 11, 2001,
as a Federal air marshal, regardless of age, if the individual otherwise meets the background and fitness qualifications required for Federal air marshals.
(b)
(c)
(d)
(1)
(2)
(3)
(Added Pub. L. 107–71, title I, §105(a), Nov. 19, 2001, 115 Stat. 606; amended Pub. L. 108–458, title IV, §4018, Dec. 17, 2004, 118 Stat. 3721.)
Amendments
2004—Subsec. (d). Pub. L. 108–458 added subsec. (d).
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including the functions of the Secretary of Transportation, and of the Under Secretary of Transportation for Security, relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
Federal Air Marshals
Pub. L. 108–458, title IV, §4016, Dec. 17, 2004, 118 Stat. 3720, provided that:
“(a)
“(b)
“(c)
“(1)
“(2)
§44918. Crew training
(a)
(1)
(2)
(A) Recognizing suspicious activities and determining the seriousness of any occurrence.
(B) Crew communication and coordination.
(C) The proper commands to give passengers and attackers.
(D) Appropriate responses to defend oneself.
(E) Use of protective devices assigned to crew members (to the extent such devices are required by the Administrator of the Federal Aviation Administration or the Under Secretary for Border and Transportation Security of the Department of Homeland Security).
(F) Psychology of terrorists to cope with hijacker behavior and passenger responses.
(G) Situational training exercises regarding various threat conditions.
(H) Flight deck procedures or aircraft maneuvers to defend the aircraft and cabin crew responses to such procedures and maneuvers.
(I) The proper conduct of a cabin search, including explosive device recognition.
(J) Any other subject matter considered appropriate by the Under Secretary.
(3)
(4)
(5)
(6)
(7)
(b)
(1)
(2)
(A) Deterring a passenger who might present a threat.
(B) Advanced control, striking, and restraint techniques.
(C) Training to defend oneself against edged or contact weapons.
(D) Methods to subdue and restrain an attacker.
(E) Use of available items aboard the aircraft for self-defense.
(F) Appropriate and effective responses to defend oneself, including the use of force against an attacker.
(G) Any other element of training that the Under Secretary considers appropriate.
(3)
(4)
(5)
(6)
(7)
(c)
(Added Pub. L. 107–71, title I, §107(a), Nov. 19, 2001, 115 Stat. 610; amended Pub. L. 107–296, title XIV, §1403(a), Nov. 25, 2002, 116 Stat. 2305; Pub. L. 108–176, title VI, §603, Dec. 12, 2003, 117 Stat. 2563.)
References in Text
The date of enactment of the Vision 100—Century of Aviation Reauthorization Act, referred to in subsecs. (a)(4), (5) and (b)(1), is the date of enactment of Pub. L. 108–176, which was approved Dec. 12, 2003.
Amendments
2003—Pub. L. 108–176 reenacted section catchline without change and amended text generally. Prior to amendment, text consisted of subsecs. (a) to (e) relating to development of detailed guidance for a scheduled passenger air carrier flight and cabin crew training program to prepare crew members for potential threat conditions.
2002—Subsec. (e). Pub. L. 107–296 designated existing provisions as par. (1), inserted heading, substituted “The Under Secretary” for “The Administrator”, added pars. (2) and (3), and realigned margins.
Effective Date of 2003 Amendment
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
Effective Date of 2002 Amendment
Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.
§44919. Security screening pilot program
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(Added Pub. L. 107–71, title I, §108(a), Nov. 19, 2001, 115 Stat. 611.)
References in Text
The date of enactment of this section, referred to in subsecs. (b) and (i), is the date of enactment of Pub. L. 107–71, which was approved Nov. 19, 2001.
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including the functions of the Secretary of Transportation, and of the Under Secretary of Transportation for Security, relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
§44920. Security screening opt-out program
(a)
(b)
(c)
(d)
(1) the level of screening services and protection provided at the airport under the contract will be equal to or greater than the level that would be provided at the airport by Federal Government personnel under this chapter; and
(2) the private screening company is owned and controlled by a citizen of the United States, to the extent that the Under Secretary determines that there are private screening companies owned and controlled by such citizens.
(e)
(f)
(g)
(1) such airport operator's decision to submit an application to the Secretary of Homeland Security under subsection (a) or section 44919 or such airport operator's decision not to submit an application; and
(2) any act of negligence, gross negligence, or intentional wrongdoing by—
(A) a qualified private screening company or any of its employees in any case in which the qualified private screening company is acting under a contract entered into with the Secretary of Homeland Security or the Secretary's designee; or
(B) employees of the Federal Government providing passenger and property security screening services at the airport.
(3) Nothing in this section shall relieve any airport operator from liability for its own acts or omissions related to its security responsibilities, nor except as may be provided by the Support Anti-Terrorism by Fostering Effective Technologies Act of 2002 shall it relieve any qualified private screening company or its employees from any liability related to its own acts of negligence, gross negligence, or intentional wrongdoing.
(Added Pub. L. 107–71, title I, §108(a), Nov. 19, 2001, 115 Stat. 612; amended Pub. L. 109–90, title V, §547, Oct. 18, 2005, 119 Stat. 2089.)
References in Text
Section 110(c) of the Aviation and Transportation Security Act, referred to in subsec. (a), is section 110(c) of Pub. L. 107–71, which is set out as a note under section 44901 of this title.
The Support Anti-Terrorism by Fostering Effective Technologies Act of 2002, referred to in subsec. (g)(3), is subtitle G (§§861–865) of title VIII of Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2238, also known as the SAFETY Act, which is classified generally to part G (§441 et seq.) of subchapter VIII of chapter 1 of Title 6, Domestic Security. For complete classification of this Act to the Code, see Short Title note set out under section 101 of Title 6 and Tables.
Amendments
2005—Subsec. (g). Pub. L. 109–90 added subsec. (g).
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including the functions of the Secretary of Transportation, and of the Under Secretary of Transportation for Security, relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
§44921. Federal flight deck officer program
(a)
(b)
(1)
(2)
(3)
(A) The type of firearm to be used by a Federal flight deck officer.
(B) The type of ammunition to be used by a Federal flight deck officer.
(C) The standards and training needed to qualify and requalify as a Federal flight deck officer.
(D) The placement of the firearm of a Federal flight deck officer on board the aircraft to ensure both its security and its ease of retrieval in an emergency.
(E) An analysis of the risk of catastrophic failure of an aircraft as a result of the discharge (including an accidental discharge) of a firearm to be used in the program into the avionics, electrical systems, or other sensitive areas of the aircraft.
(F) The division of responsibility between pilots in the event of an act of criminal violence or air piracy if only 1 pilot is a Federal flight deck officer and if both pilots are Federal flight deck officers.
(G) Procedures for ensuring that the firearm of a Federal flight deck officer does not leave the cockpit if there is a disturbance in the passenger cabin of the aircraft or if the pilot leaves the cockpit for personal reasons.
(H) Interaction between a Federal flight deck officer and a Federal air marshal on board the aircraft.
(I) The process for selection of pilots to participate in the program based on their fitness to participate in the program, including whether an additional background check should be required beyond that required by section 44936(a)(1).
(J) Storage and transportation of firearms between flights, including international flights, to ensure the security of the firearms, focusing particularly on whether such security would be enhanced by requiring storage of the firearm at the airport when the pilot leaves the airport to remain overnight away from the pilot's base airport.
(K) Methods for ensuring that security personnel will be able to identify whether a pilot is authorized to carry a firearm under the program.
(L) Methods for ensuring that pilots (including Federal flight deck officers) will be able to identify whether a passenger is a law enforcement officer who is authorized to carry a firearm aboard the aircraft.
(M) Any other issues that the Under Secretary considers necessary.
(N) The Under Secretary's decisions regarding the methods for implementing each of the foregoing procedural requirements shall be subject to review only for abuse of discretion.
(4)
(5)
(6)
(7)
(c)
(1)
(2)
(A)
(B)
(i) Training to ensure that the officer achieves the level of proficiency with a firearm required under subparagraph (C)(i).
(ii) Training to ensure that the officer maintains exclusive control over the officer's firearm at all times, including training in defensive maneuvers.
(iii) Training to assist the officer in determining when it is appropriate to use the officer's firearm and when it is appropriate to use less than lethal force.
(C)
(i)
(ii)
(iii)
(d)
(1)
(2)
(A) the pilot is employed by an air carrier;
(B) the Under Secretary determines (in the Under Secretary's discretion) that the pilot meets the standards established by the Under Secretary for being such an officer; and
(C) the Under Secretary determines that the pilot has completed the training required by the Under Secretary.
(3)
(4)
(e)
(f)
(1)
(2)
(3)
(g)
(h)
(1)
(2)
(3)
(i)
(1) shall revoke the deputization of the Federal flight deck officer responsible for that firearm if the Under Secretary determines that the discharge was attributable to the negligence of the officer; and
(2) if the Under Secretary determines that a shortcoming in standards, training, or procedures was responsible for the accidental discharge, the Under Secretary 2 may temporarily suspend the program until the shortcoming is corrected.
(j)
(1) prohibit a Federal flight deck officer from piloting an aircraft operated by the air carrier; or
(2) terminate the employment of a Federal flight deck officer, solely on the basis of his or her volunteering for or participating in the program under this section.
(k)
(1)
(2)
(3)
(Added Pub. L. 107–296, title XIV, §1402(a), Nov. 25, 2002, 116 Stat. 2300; amended Pub. L. 108–176, title VI, §609(b), Dec. 12, 2003, 117 Stat. 2570.)
References in Text
The date of enactment of this section, referred to in subsec. (b)(1), (2), is the date of enactment of Pub. L. 107–296, which was approved Nov. 25, 2002.
Amendments
2003—Subsec. (a). Pub. L. 108–176, §609(b)(1), struck out “passenger” before “air transportation” in two places.
Subsec. (k)(2). Pub. L. 108–176, §609(b)(2), substituted “or any other flight deck crew member” for “or, if more than 1 pilot is required for the operation of the aircraft or by the regulations under which the flight is being conducted, the individual designated as second in command”.
Subsec. (k)(3). Pub. L. 108–176, §609(b)(3), added par. (3).
Effective Date of 2003 Amendment
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
Effective Date
Section effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as a note under section 101 of Title 6, Domestic Security.
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including the functions of the Secretary of Transportation, and of the Under Secretary of Transportation for Security, relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
Equitable Implementation of 2003 Amendments
Pub. L. 108–176, title VI, §609(c), Dec. 12, 2003, 117 Stat. 2570, provided that: “In carrying out the amendments made by subsection (d) [probably means subsec. (b), which amended this section], the Under Secretary for Border and Transportation Security of the Department of Homeland Security shall ensure that passenger and cargo pilots are treated equitably in receiving access to training as Federal flight deck officers.”
Time for Implementation
Pub. L. 108–176, title VI, §609(d), Dec. 12, 2003, 117 Stat. 2570, provided that: “The requirements of subsection (e) [section 609 of Pub. L. 108–176 has no subsec. (e)] shall have no effect on the deadlines for implementation contained in section 44921 of title 49, United States Code, as in effect on the day before the date of enactment of this Act [Dec. 12, 2003].”
1 So in original. The comma probably should not appear.
2 So in original. The words “the Under Secretary” probably should not appear.
§44922. Deputation of State and local law enforcement officers
(a)
(b)
(c)
(d)
(1)
(2)
(e)
(f)
(Added Pub. L. 108–7, div. I, title III, §351(a), Feb. 20, 2003, 117 Stat. 419.)
§44923. Airport security improvement projects
(a)
(1) for projects to replace baggage conveyer systems related to aviation security;
(2) for projects to reconfigure terminal baggage areas as needed to install explosive detection systems;
(3) for projects to enable the Under Secretary to deploy explosive detection systems behind the ticket counter, in the baggage sorting area, or in line with the baggage handling system; and
(4) for other airport security capital improvement projects.
(b)
(c)
(d)
(1)
(2)
(3)
(4)
(5)
(6)
(e)
(1)
(2)
(f)
(g)
(h)
(1)
(2)
(3)
(i)
(j)
(1)
(2)
(Added Pub. L. 108–176, title VI, §605(a), Dec. 12, 2003, 117 Stat. 2566; amended Pub. L. 108–458, title IV, §4019(e)(1), Dec. 17, 2004, 118 Stat. 3722; Pub. L. 110–53, title XVI, §§1603(a), 1604(a), Aug. 3, 2007, 121 Stat. 480.)
References in Text
The date of enactment of this section, referred to in subsec. (e)(2), is the date of enactment of Pub. L. 108–176, which was approved Dec. 12, 2003.
Amendments
2007—Subsec. (a). Pub. L. 110–53, §1604(a)(1), substituted “shall make” for “may make” in introductory provisions.
Subsec. (d)(1). Pub. L. 110–53, §1604(a)(2), substituted “shall issue” for “may issue”.
Subsec. (h)(1). Pub. L. 110–53, §1604(a)(3), substituted “2028” for “2007”.
Subsec. (h)(2), (3). Pub. L. 110–53, §1604(a)(4), added pars. (2) and (3) and struck out former pars. (2) and (3) which related to allocation of $125,000,000 of amount available per fiscal year for large, medium, and small hub airports, nonhub airports, and on the basis of aviation security risks, and allocation of $125,000,000 of amount available per fiscal year for discretionary grants, with priority given to fulfilling letters of intent issued under subsec. (d).
Subsec. (i). Pub. L. 110–53, §1604(a)(6), added subsec. (i). Former subsec. (i) redesignated (j).
Subsec. (i)(1). Pub. L. 110–53, §1603(a), substituted “2007, and $450,000,000 for each of fiscal years 2008 through 2011” for “2007.”
Subsec. (j). Pub. L. 110–53, §1604(a)(5), redesignated subsec. (i) as (j).
2004—Subsec. (i)(1). Pub. L. 108–458 substituted “$400,000,000 for each of fiscal years 2005, 2006, and 2007” for “$250,000,000 for each of fiscal years 2004 through 2007”.
Effective Date
Section applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as an Effective Date of 2003 Amendment note under section 106 of this title.
Prioritization of Projects
Pub. L. 110–53, title XVI, §1604(b), Aug. 3, 2007, 121 Stat. 480, provided that:
“(1)
“(2)
“(3)
Period of Reimbursement
Pub. L. 108–458, title IV, §4019(e)(2), Dec. 17, 2004, 118 Stat. 3722, provided that: “Notwithstanding any other provision of law, the Secretary [of Homeland Security] may provide that the period of reimbursement under any letter of intent may extend for a period not to exceed 10 years after the date that the Secretary issues such letter, subject to the availability of appropriations. This paragraph applies to letters of intent issued under section 44923 of title 49, United States Code, and letters of intent issued under section 367 of the Department of Transportation and Related Agencies Appropriation Act, 2003 [Pub. L. 108–7, div. I] (49 U.S.C. 47110 note).”
1 So in original. Probably should be followed by a period.
§44924. Repair station security
(a)
(b)
(c)
(1)
(2)
(3)
(d)
(e)
(f)
(g)
(Added Pub. L. 108–176, title VI, §611(b)(1), Dec. 12, 2003, 117 Stat. 2571; amended Pub. L. 110–53, title XVI, §1616(b), Aug. 3, 2007, 121 Stat. 488.)
References in Text
The date of enactment of this section, referred to in subsec. (f), is the date of enactment of Pub. L. 108–176, which was approved Dec. 12, 2003.
Amendments
2007—Subsec. (a). Pub. L. 110–53, §1616(b)(1), substituted “6 months” for “18 months”.
Subsec. (d). Pub. L. 110–53, §1616(b)(2), inserted “(other than a station that was previously certified, or is in the process of certification, by the Administration under this part)” after “foreign repair station”.
Pub. L. 110–53, §1616(b)(1), which directed amendment of subsec. (b) by substituting “6 months” for “18 months”, was executed by making the substitution in subsec. (d), to reflect the probable intent of Congress.
Effective Date
Section applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as an Effective Date of 2003 Amendment note under section 106 of this title.
Suspension of Certification of Foreign Repair Stations
Pub. L. 110–53, title XVI, §1616(a), Aug. 3, 2007, 121 Stat. 488, provided that: “If the regulations required by section 44924(f) of title 49, United States Code, are not issued within 1 year after the date of enactment of this Act [Aug. 3, 2007], the Administrator of the Federal Aviation Administration may not certify any foreign repair station under part 145 of title 14, Code of Federal Regulations, after such date unless the station was previously certified, or is in the process of certification by the Administration under that part.”
§44925. Deployment and use of detection equipment at airport screening checkpoints
(a)
(b)
(1)
(2)
(A) a description of current efforts to detect explosives in all forms on individuals and in their personal property;
(B) a description of the operational applications of explosive detection equipment at airport screening checkpoints;
(C) a deployment schedule and a description of the quantities of equipment needed to implement the plan;
(D) a description of funding needs to implement the plan, including a financing plan that provides for leveraging of non-Federal funding;
(E) a description of the measures taken and anticipated to be taken in carrying out subsection (d); and
(F) a description of any recommended legislative actions.
(3)
(c)
(d)
(Added Pub. L. 108–458, title IV, §4013(a), Dec. 17, 2004, 118 Stat. 3719; amended Pub. L. 110–53, title XVI, §1607(b), Aug. 3, 2007, 121 Stat. 483.)
References in Text
The date of enactment of this section, referred to in subsec. (b)(1), is the date of enactment of Pub. L. 108–458, which was approved Dec. 17, 2004.
The date of enactment of this paragraph, referred to in subsec. (b)(3), is the date of enactment of Pub. L. 110–53, which was approved Aug. 3, 2007.
Amendments
2007—Subsec. (b)(3). Pub. L. 110–53 added par. (3).
Issuance of Strategic Plan for Deployment and Use of Explosive Detection Equipment at Airport Screening Checkpoints
Pub. L. 110–53, title XVI, §1607(a), Aug. 3, 2007, 121 Stat. 483, provided that: “Not later than 30 days after the date of enactment of this Act [Aug. 3, 2007], the Secretary of Homeland Security, in consultation with the Administrator of the Transportation Security Administration, shall issue the strategic plan the Secretary was required by section 44925(b) of title 49, United States Code, to have issued within 90 days after the date of enactment of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108–458) [Dec. 17, 2004].”
Advanced Airport Checkpoint Screening Devices
Pub. L. 108–458, title IV, §4014, Dec. 17, 2004, 118 Stat. 3720, directed the Assistant Secretary of Homeland Security (Transportation Security Administration), not later than Mar. 31, 2005, to develop and initiate a pilot program to deploy and test advanced airport checkpoint screening devices and technology as an integrated system at not less than 5 airports in the United States.
§44926. Appeal and redress process for passengers wrongly delayed or prohibited from boarding a flight
(a)
(b)
(1)
(2)
(3)
(A) ensure that the records maintained under this subsection contain information determined by the Secretary to authenticate the identity of such a passenger or individual;
(B) furnish to the Transportation Security Administration, United States Customs and Border Protection, or any other appropriate office or component of the Department, upon request, such information as may be necessary to allow such office or component to assist air carriers in improving their administration of the advanced passenger prescreening system and reduce the number of false positives; and
(C) require air carriers and foreign air carriers take action to identify passengers determined, under the process established under subsection (a), to have been wrongly identified.
(4)
(A) require that Federal employees of the Department handling personally identifiable information of passengers (in this paragraph referred to as “PII”) complete mandatory privacy and security training prior to being authorized to handle PII;
(B) ensure that the records maintained under this subsection are secured by encryption, one-way hashing, other data anonymization techniques, or such other equivalent security technical protections as the Secretary determines necessary;
(C) limit the information collected from misidentified passengers or other individuals to the minimum amount necessary to resolve a redress request;
(D) require that the data generated under this subsection shall be shared or transferred via a secure data network, that has been audited to ensure that the anti-hacking and other security related software functions properly and is updated as necessary;
(E) ensure that any employee of the Department receiving the data contained within the records handles the information in accordance with the section 552a of title 5, United States Code, and the Federal Information Security Management Act of 2002 (Public Law 107–296);
(F) only retain the data for as long as needed to assist the individual traveler in the redress process; and
(G) conduct and publish a privacy impact assessment of the process described within this subsection and transmit the assessment to the Committee on Homeland Security of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and Committee on Homeland Security and Governmental Affairs of the Senate.
(5)
(Added Pub. L. 110–53, title XVI, §1606(a), Aug. 3, 2007, 121 Stat. 482.)
References in Text
The Federal Information Security Management Act of 2002, referred to in subsec. (b)(4)(E), is title X of Pub. L. 107–296, Nov. 25, 116 Stat. 2259. For complete classification of this Act to the Code, see Short Title note set out under section 101 of Title 6, Domestic Security, and Tables.
SUBCHAPTER II—ADMINISTRATION AND PERSONNEL
[§§44931, 44932. Repealed. Pub. L. 107–71, title I, §101(f)(6), Nov. 19, 2001, 115 Stat. 603]
Section 44931, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1215, related to the Director of Intelligence and Security.
Section 44932, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1215; Pub. L. 107–71, title I, §110(a), Nov. 19, 2001, 115 Stat. 614, related to the Assistant Administrator for Civil Aviation Security.
§44933. Federal Security Managers
(a)
(b)
(1) oversee the screening of passengers and property at the airport; and
(2) carry out other duties prescribed by the Under Secretary.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1216; Pub. L. 107–71, title I, §§101(f)(4), 103, Nov. 19, 2001, 115 Stat. 603, 605.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44933(a) | 49 App.:1358b(a)(1), (2), (4). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §319(a); added Nov. 16, 1990, Pub. L. 101–604, §104, 104 Stat. 3070. |
| 44933(b) | 49 App.:1358b(a)(3). | |
| 44933(c) | 49 App.:1358b(a)(5). |
In subsection (a), the words “Not later than 90 days after November 16, 1990” are omitted as obsolete. The words “The Administrator shall designate individuals as Managers for, and station those Managers at, those airports” are substituted for “and shall begin designating persons as such Managers and stationing such Managers at such airports” for clarity and because of the restatement. The words “and designate a current field employee of the Administration as a Manager” are substituted for “assign the functions and responsibilities described in this section to existing Federal Aviation Administration field personnel and designate such personnel accordingly” to eliminate unnecessary words. The words “to the office of” are omitted as unnecessary. The words “Not later than 1 year after November 16, 1990” are omitted as obsolete. The words “Secretary of Transportation” are substituted for “Department of Transportation” because of 49:102.
In subsection (b), before clause (1), the words “The Manager at each airport shall” are substituted for “The responsibilities of a Federal Security Manager shall include the following” to eliminate unnecessary words. In clause (2)(A), the words “air carrier” are substituted for “such air carrier” because this is the first time the term is used in the source provisions. In clause (3), the words “United States Government” are substituted for “Federal” for clarity and consistency in the revised title and with other titles of the United States Code. In clause (7), the words “other Managers” are substituted for “Federal Security Managers at other airports, as appropriate” to eliminate unnecessary words.
In subsection (c), the words “duties and powers” are substituted for “responsibilities” for clarity and consistency in the revised title and with other titles of the Code.
Amendments
2001—Pub. L. 107–71, §103, amended section generally, substituting provisions relating to designation, establishment, and stationing procedures and duties and powers for provisions which contained a more detailed listing of responsibilities and a prohibition against a Civil Aviation Security Field Officer being assigned security duties and powers at an airport having a Manager.
Subsec. (a). Pub. L. 107–71, §101(f)(4), substituted “Under Secretary” for “Assistant Administrator for Civil Aviation Security”.
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including the functions of the Secretary of Transportation, and of the Under Secretary of Transportation for Security, relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
§44934. Foreign Security Liaison Officers
(a)
(b)
(1) serve as the liaison of the Under Secretary to foreign security authorities (including governments of foreign countries and foreign airport authorities) in carrying out United States Government security requirements at that airport; and
(2) to the extent practicable, carry out duties and powers referred to in section 44933(b) of this title.
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1217; Pub. L. 107–71, title I, §101(f)(4), (5), (7), (9), Nov. 19, 2001, 115 Stat. 603.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44934(a) | 49 App.:1358b(b)(1), (2). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §319(b); added Nov. 16, 1990, Pub. L. 101–604, §104, 104 Stat. 3071. |
| 44934(b) | 49 App.:1358b(b)(3), (4). | |
| 44934(c) | 49 App.:1358b(b)(5). |
In subsection (a), the words “Not later than 90 days after November 16, 1990” are omitted as obsolete. The words “shall designate” are substituted for “shall begin assigning” for consistency with the source provisions restated in section 44933 of the revised title and because of the restatement. The words “Not later than 2 years after November 16, 1990” are omitted as obsolete. The word “designate” is substituted for “assign” for consistency with the source provisions restated in section 44933 of the revised title. The words “outside the United States” are omitted as unnecessary.
In subsection (b), before clause (1), the words “to the office of” are omitted as unnecessary. In clause (1), the words “governments of foreign countries and foreign airport authorities” are substituted for “foreign governments and airport authorities” for clarity and consistency in the revised title and with other titles of the United States Code. In clause (2), the words “duties and powers” are substituted for “responsibilities” for consistency in the revised title and with other titles of the Code.
In subsection (c), the words “duties and powers” are substituted for “authorities” for clarity and consistency in the revised title and with other titles of the Code.
Amendments
2001—Subsec. (a). Pub. L. 107–71, §101(f)(7), (9), substituted “Under Secretary” for “Administrator” wherever appearing and “of Transportation for Security” for “of the Federal Aviation Administration”.
Subsec. (b). Pub. L. 107–71, §101(f)(4), substituted “Under Secretary” for “Assistant Administrator for Civil Aviation Security” in introductory provisions.
Subsec. (b)(1). Pub. L. 107–71, §101(f)(5), substituted “Under Secretary” for “Assistant Administrator”.
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including the functions of the Secretary of Transportation, and of the Under Secretary of Transportation for Security, relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
§44935. Employment standards and training
(a)
(1) minimum training requirements for new employees;
(2) retraining requirements;
(3) minimum staffing levels;
(4) minimum language skills; and
(5) minimum education levels for employees, when appropriate.
(b)
(c)
(A) may train individuals employed to carry out a security program under section 44903(c) of this title; and
(B) shall prescribe uniform training standards and uniform minimum qualifications for individuals eligible for that training.
(2) The Under Secretary may authorize reimbursement for travel, transportation, and subsistence expenses for security training of non-United States Government domestic and foreign individuals whose services will contribute significantly to carrying out civil aviation security programs. To the extent practicable, air travel reimbursed under this paragraph shall be on air carriers.
(d)
(A) ground security coordinators;
(B) security supervisory personnel; and
(C) airline pilots as in-flight security coordinators.
(2) The standards shall include initial training, retraining, and continuing education requirements and methods. Those requirements and methods shall be used annually to measure the performance of ground security coordinators and security supervisory personnel.
(e)
(1)
(2)
(A)
(i) to have a satisfactory or better score on a Federal security screening personnel selection examination;
(ii) to be a citizen of the United States or a national of the United States, as defined in section 1101(a)(22) 1 of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22));
(iii) to meet, at a minimum, the requirements set forth in subsection (f);
(iv) to meet such other qualifications as the Under Secretary may establish; and
(v) to have the ability to demonstrate daily a fitness for duty without any impairment due to illegal drugs, sleep deprivation, medication, or alcohol.
(B)
(C)
(3)
(f)
(1)
(A) The individual shall possess a high school diploma, a general equivalency diploma, or experience that the Under Secretary has determined to be sufficient for the individual to perform the duties of the position.
(B) The individual shall possess basic aptitudes and physical abilities, including color perception, visual and aural acuity, physical coordination, and motor skills, to the following standards:
(i) Screeners operating screening equipment shall be able to distinguish on the screening equipment monitor the appropriate imaging standard specified by the Under Secretary.
(ii) Screeners operating any screening equipment shall be able to distinguish each color displayed on every type of screening equipment and explain what each color signifies.
(iii) Screeners shall be able to hear and respond to the spoken voice and to audible alarms generated by screening equipment in an active checkpoint environment.
(iv) Screeners performing physical searches or other related operations shall be able to efficiently and thoroughly manipulate and handle such baggage, containers, and other objects subject to security processing.
(v) Screeners who perform pat-downs or hand-held metal detector searches of individuals shall have sufficient dexterity and capability to thoroughly conduct those procedures over an individual's entire body.
(C) The individual shall be able to read, speak, and write English well enough to—
(i) carry out written and oral instructions regarding the proper performance of screening duties;
(ii) read English language identification media, credentials, airline tickets, and labels on items normally encountered in the screening process;
(iii) provide direction to and understand and answer questions from English-speaking individuals undergoing screening; and
(iv) write incident reports and statements and log entries into security records in the English language.
(D) The individual shall have satisfactorily completed all initial, recurrent, and appropriate specialized training required by the security program, except as provided in paragraph (3).
(2)
(3)
(A) is closely supervised; and
(B) does not make independent judgments as to whether individuals or property may enter a sterile area or aircraft without further inspection.
(4)
(5)
(A) continues to meet all qualifications and standards required to perform a screening function;
(B) has a satisfactory record of performance and attention to duty based on the standards and requirements in the security program; and
(C) demonstrates the current knowledge and skills necessary to courteously, vigilantly, and effectively perform screening functions.
(6)
(g)
(1)
(2)
(A) has completed 40 hours of classroom instruction or successfully completed a program that the Under Secretary determines will train individuals to a level of proficiency equivalent to the level that would be achieved by such classroom instruction;
(B) has completed 60 hours of on-the-job instructions; and
(C) has successfully completed an on-the-job training examination prescribed by the Under Secretary.
(3)
(h)
(1)
(2)
(3)
(4)
(i) 2
(j)
(i) 2
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1217; Pub. L. 106–528, §3, Nov. 22, 2000, 114 Stat. 2519; Pub. L. 107–71, title I, §§101(f)(7), (9), 111(a), Nov. 19, 2001, 115 Stat. 603, 616; Pub. L. 107–296, title XVI, §1603, Nov. 25, 2002, 116 Stat. 2313.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44935(a) | 49 App.:1357(h). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §316(h)–(j); added Nov. 16, 1990, Pub. L. 101–604, §105(a), 104 Stat. 3073. |
| 44935(b) | 49 App.:1357(i). | |
| 44935(c) | 49 App.:1357(c). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §316(c); added Aug. 5, 1974, Pub. L. 93–366, §202, 88 Stat. 416; Oct. 31, 1992, Pub. L. 102–581, §202, 106 Stat. 4890. |
| 44935(d) | 49 App.:1357(j). |
In subsection (a), before clause (1), the words “Not later than 270 days after November 16, 1990” are omitted as obsolete. The words “contracting for” are substituted for “contracting of” for clarity and consistency in the revised title.
In subsection (c)(1)(A), the words “individuals employed” are substituted for “personnel employed by him . . . and for other personnel, including State, local, and private law enforcement personnel, whose services may be utilized” for clarity and consistency in the revised title and with other titles of the United States Code.
In subsection (c)(1)(B), the words “individuals eligible” are substituted for “personnel whose services are utilized to enforce any such transportation security program, including State, local, and private law enforcement personnel . . . for personnel eligible” for clarity and consistency in the revised title and with other titles of the Code.
In subsection (c)(2), the words “under this section” are omitted as unnecessary. The words “United States” before “air carriers” are omitted because of the definition of “air carrier” in section 40102(a) of the revised title.
In subsection (d)(1), before clause (A), the words “Not later than 180 days after November 16, 1990” are omitted as obsolete.
References in Text
The date of enactment of the Aviation and Transportation Security Act, referred to in subsecs. (e)(2)(A) and (g)(2), is the date of enactment of Pub. L. 107–71, which was approved Nov. 19, 2001.
Amendments
2002—Subsec. (e)(2)(A)(ii). Pub. L. 107–296 substituted “citizen of the United States or a national of the United States, as defined in section 1101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22))” for “citizen of the United States”.
2001—Subsec. (a). Pub. L. 107–71, §101(f)(7), (9), substituted “Under Secretary of Transportation for Security” for “Administrator of the Federal Aviation Administration” in introductory provisions.
Subsec. (b). Pub. L. 107–71, §101(f)(7), substituted “Under Secretary” for “Administrator” in two places.
Subsec. (c). Pub. L. 107–71, §101(f)(7), substituted “Under Secretary” for “Administrator” in introductory provisions of par. (1) and in par. (2).
Subsec. (d)(1). Pub. L. 107–71, §101(f)(7), substituted “Under Secretary” for “Administrator” in introductory provisions.
Subsec. (e). Pub. L. 107–71, §111(a)(2), added subsec. (e) and struck out former subsec. (e) which established training standards for screeners.
Subsec. (f). Pub. L. 107–71, §111(a)(2), added subsec. (f). Former subsec. (f) redesignated (i).
Pub. L. 107–71, §101(f)(7), substituted “Under Secretary” for “Administrator”.
Subsecs. (g), (h). Pub. L. 107–71, §111(a)(2), added subsecs. (g) and (h).
Subsec. (i). Pub. L. 107–71, §111(a)(2), added subsec. (i) relating to limitation on right to strike.
Pub. L. 107–71, §111(a)(1), redesignated subsec. (f) as (i) relating to accessibility of computer-based training facilities.
Subsec. (j). Pub. L. 107–71, §111(a)(2), added subsec. (j).
2000—Subsecs. (e), (f). Pub. L. 106–528 added subsecs. (e) and (f).
Effective Date of 2002 Amendment
Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.
Effective Date of 2000 Amendment
Amendment by Pub. L. 106–528 effective 30 days after Nov. 22, 2000, see section 9 of Pub. L. 106–528, set out as a note under section 106 of this title.
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including the functions of the Secretary of Transportation, and of the Under Secretary of Transportation for Security, relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
Transition
Pub. L. 107–71, title I, §111(c), Nov. 19, 2001, 115 Stat. 620, provided that: “The Under Secretary of Transportation for Security shall complete the full implementation of section 44935 (e), (f), (g), and (h) of title 49, United States Code, as amended by subsection (a), as soon as is practicable. The Under Secretary may make or continue such arrangements for the training of security screeners under that section as the Under Secretary determines necessary pending full implementation of that section as so amended.”
Improvement of Screener Job Performance
Pub. L. 108–458, title IV, §4015, Dec. 17, 2004, 118 Stat. 3720, provided that:
“(a)
“(b)
[For definitions of “airport” and “appropriate congressional committees” used in section 4015 of Pub. L. 108–458, set out above, see section 4081 of Pub. L. 108–458, set out as a note under section 44901 of this title.]
Screener Personnel
Pub. L. 107–71, title I, §111(d), Nov. 19, 2001, 115 Stat. 620, provided that: “Notwithstanding any other provision of law, the Under Secretary of Transportation for Security may employ, appoint, discipline, terminate, and fix the compensation, terms, and conditions of employment of Federal service for such a number of individuals as the Under Secretary determines to be necessary to carry out the screening functions of the Under Secretary under section 44901 of title 49, United States Code. The Under Secretary shall establish levels of compensation and other benefits for individuals so employed.”
Certification of Screening Companies
Pub. L. 104–264, title III, §302, Oct. 9, 1996, 110 Stat. 3250, provided that: “The Administrator of the Federal Aviation Administration is directed to certify companies providing security screening and to improve the training and testing of security screeners through development of uniform performance standards for providing security screening services.”
Studies of Minimum Standards for Pilot Qualifications and of Pay for Training
Pub. L. 104–264, title V, §503, Oct. 9, 1996, 110 Stat. 3263, provided that:
“(a)
“(1) a study directed toward the development of—
“(A) standards and criteria for preemployment screening tests measuring the psychomotor coordination, general intellectual capacity, instrument and mechanical comprehension, and physical and mental fitness of an applicant for employment as a pilot by an air carrier; and
“(B) standards and criteria for pilot training facilities to be licensed by the Administrator and which will assure that pilots trained at such facilities meet the preemployment screening standards and criteria described in subparagraph (A); and
“(2) a study to determine if the practice of some air carriers to require employees or prospective employees to pay for the training or experience that is needed to perform flight check duties for an air carrier is in the public interest.
“(b)
Study of Minimum Flight Time
Pub. L. 104–264, title V, §504, Oct. 9, 1996, 110 Stat. 3263, provided that:
“(a)
“(b)
1 So in original. Probably should be section “101(a)(22)”.
2 So in original. Two subsecs. (i) have been enacted.
§44936. Employment investigations and restrictions
(a)
(i) aircraft of an air carrier or foreign air carrier; or
(ii) a secured area of an airport in the United States the Under Secretary designates that serves an air carrier or foreign air carrier.
(B) The Under Secretary shall require by regulation that an employment investigation (including a criminal history record check and a review of available law enforcement data bases and records of other governmental and international agencies to the extent determined practicable by the Under Secretary of Transportation for Transportation Security) be conducted for—
(i) individuals who are responsible for screening passengers or property under section 44901 of this title;
(ii) supervisors of the individuals described in clause (i);
(iii) individuals who regularly have escorted access to aircraft of an air carrier or foreign air carrier or a secured area of an airport in the United States the Administrator designates that serves an air carrier or foreign air carrier; and
(iv) such other individuals who exercise security functions associated with baggage or cargo, as the Under Secretary determines is necessary to ensure air transportation security.
(C)
(i) A new background check (including a criminal history record check and a review of available law enforcement data bases and records of other governmental and international agencies to the extent determined practicable by the Under Secretary of Transportation for Transportation Security shall be required for any individual who is employed in a position described in subparagraphs (A) and (B) on the date of enactment of the Aviation and Transportation Security Act.
(ii) The Under Secretary may provide by order (without regard to the provisions of chapter 5 of title 5, United States Code) for a phased-in implementation of the requirements of this subparagraph.
(D)
(2) An air carrier, foreign air carrier, airport operator, or government that employs, or authorizes or makes a contract for the services of, an individual in a position described in paragraph (1) of this subsection shall ensure that the investigation the Under Secretary requires is conducted.
(3) The Under Secretary shall provide for the periodic audit of the effectiveness of criminal history record checks conducted under paragraph (1) of this subsection.
(b)
(A) the investigation of the individual required under this section has not been conducted; or
(B) the results of that investigation establish that, in the 10-year period ending on the date of the investigation, the individual was convicted (or found not guilty by reason of insanity) of—
(i) a crime referred to in section 46306, 46308, 46312, 46314, or 46315 or chapter 465 of this title or section 32 of title 18;
(ii) murder;
(iii) assault with intent to murder;
(iv) espionage;
(v) sedition;
(vi) treason;
(vii) rape;
(viii) kidnapping;
(ix) unlawful possession, sale, distribution, or manufacture of an explosive or weapon;
(x) extortion;
(xi) armed or felony unarmed robbery;
(xii) distribution of, or intent to distribute, a controlled substance;
(xiii) a felony involving a threat;
(xiv) a felony involving—
(I) willful destruction of property;
(II) importation or manufacture of a controlled substance;
(III) burglary;
(IV) theft;
(V) dishonesty, fraud, or misrepresentation;
(VI) possession or distribution of stolen property;
(VII) aggravated assault;
(VIII) bribery; and
(IX) illegal possession of a controlled substance punishable by a maximum term of imprisonment of more than 1 year, or any other crime classified as a felony that the Under Secretary determines indicates a propensity for placing contraband aboard an aircraft in return for money; or
(xv) conspiracy to commit any of the acts referred to in clauses (i) through (xiv).
(2) The Under Secretary may specify other factors that are sufficient to prohibit the employment of an individual in a position described in subsection (a)(1) of this section.
(3) An air carrier, foreign air carrier, airport operator, or government may employ, or authorize or contract for the services of, an individual in a position described in subsection (a)(1) of this section without carrying out the investigation required under this section, if the Under Secretary approves a plan to employ the individual that provides alternate security arrangements.
(c)
(2) The Under Secretary shall prescribe regulations on—
(A) procedures for taking fingerprints; and
(B) requirements for using information received from the Attorney General under paragraph (1) of this subsection—
(i) to limit the dissemination of the information; and
(ii) to ensure that the information is used only to carry out this section.
(3) If an identification and criminal history record check is conducted as part of an investigation of an individual under this section, the individual—
(A) shall receive a copy of any record received from the Attorney General; and
(B) may complete and correct the information contained in the check before a final employment decision is made based on the check.
(d)
(e)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1218; Pub. L. 104–264, title III, §§304(a), 306, title V, §502(a), Oct. 9, 1996, 110 Stat. 3251, 3252, 3259; Pub. L. 105–102, §2(25), Nov. 20, 1997, 111 Stat. 2205; Pub. L. 105–142, §1, Dec. 5, 1997, 111 Stat. 2650; Pub. L. 106–181, title V, §508, Apr. 5, 2000, 114 Stat. 140; Pub. L. 106–528, §2(c), (d), Nov. 22, 2000, 114 Stat. 2517, 2518; Pub. L. 107–71, title I, §§101(f)(7), (9), 111(b), 138(a), (b)(1), 140(a)(1), Nov. 19, 2001, 115 Stat. 603, 620, 639–641.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44936(a) | 49 App.:1357(g)(1). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §316(g); added Nov. 16, 1990, Pub. L. 101–604, §105(a), 104 Stat. 3071. |
| 49 App.:1357 (note). | Oct. 28, 1991, Pub. L. 102–143, §346, 105 Stat. 949. | |
| 44936(b) | 49 App.:1357(g)(3). | |
| 44936(c) | 49 App.:1357(g)(2) (less (A) (2d sentence)). | |
| 44936(d) | 49 App.:1357(g)(2)(A) (2d sentence), (5). | |
| 44936(e) | 49 App.:1357(g)(4). |
In subsection (a), the text of section 346 of the Department of Transportation and Related Agencies Appropriations Act, 1992 (Public Law 102–143, 105 Stat. 949) is omitted as executed.
In subsection (a)(2), the words “shall ensure” are substituted for “shall take such actions as may be necessary to ensure” to eliminate unnecessary words. The word “conducted” is substituted for “performed” for consistency in the revised title.
In subsection (b)(2), the words “The Administrator may specify” are substituted for “The Administrator may specify . . . the Administrator determines” to eliminate unnecessary words. The words “prohibit the employment of an individual” are substituted for “make an individual ineligible for employment” for clarity.
In subsection (b)(3), the words “may employ” are substituted for “It shall not be a violation of subparagraph (A) for . . . to employ” to eliminate unnecessary words.
In subsection (c)(1), the words “Before designating an individual to obtain and submit fingerprints or receive results of a check, the Administrator shall consult with the Attorney General” are substituted for “after consultation with the Attorney General” for clarity.
In subsection (c)(2), before clause (A), the words “For purposes of administering this subsection” are omitted as unnecessary. In clause (A), the word “implement” is omitted as unnecessary because of the restatement. In clause (B), before subclause (ii), the word “establish” is omitted as unnecessary because of the restatement. In subclause (ii), the words “to carry out this section” are substituted for “for the purposes of this section” for clarity.
In subsection (e), the words “a law of a foreign country” are substituted for “applicable laws of a foreign government” for clarity and consistency in the revised title and with other titles of the United States Code.
Pub. L. 105–102
This amends 49:44936(f)(1)(C) to reflect the redesignation of 49:30305(b)(7) as 49:30305(b)(8) by section 207(b) of the Coast Guard Authorization Act of 1996 (Public Law 104–324, 110 Stat. 3908).
References in Text
The date of enactment of the Aviation and Transportation Security Act, referred to in subsec. (a)(1)(C)(i), is the date of enactment of Pub. L. 107–71, which was approved Nov. 19, 2001.
Amendments
2001—Subsec. (a)(1)(A). Pub. L. 107–71, §138(a)(1), inserted “and a review of available law enforcement data bases and records of other governmental and international agencies to the extent determined practicable by the Under Secretary of Transportation for Transportation Security,” after “record check” in introductory provisions.
Pub. L. 107–71, §111(b)(1), inserted “as a security screener under section 44935(e) or a position” after “a position” in introductory provisions.
Pub. L. 107–71, §101(f)(7), (9), in introductory provisions, substituted “Under Secretary” for “Administrator” and “of Transportation for Security” for “of the Federal Aviation Administration”.
Subsec. (a)(1)(A)(ii). Pub. L. 107–71, §101(f)(7), substituted “Under Secretary” for “Administrator”.
Subsec. (a)(1)(B). Pub. L. 107–71, §138(a)(2), in introductory provisions, substituted “and a review of available law enforcement data bases and records of other governmental and international agencies to the extent determined practicable by the Under Secretary of Transportation for Transportation Security” for “in any case described in subparagraph (C)”.
Pub. L. 107–71, §101(f)(7), substituted “Under Secretary” for “Administrator” in introductory provisions.
Subsec. (a)(1)(B)(i). Pub. L. 107–71, §138(a)(3), substituted “are” for “will be”.
Subsec. (a)(1)(B)(ii). Pub. L. 107–71, §138(a)(4), struck out “and” after semicolon.
Subsec. (a)(1)(B)(iii). Pub. L. 107–71, §138(a)(6), added cl. (iii). Former cl. (iii) redesignated (iv).
Pub. L. 107–71, §101(f)(7), substituted “Under Secretary” for “Administrator”.
Subsec. (a)(1)(B)(iv). Pub. L. 107–71, §138(a)(5), redesignated cl. (iii) as (iv).
Subsec. (a)(1)(C). Pub. L. 107–71, §138(a)(7), (8), added subpar. (C) and struck out former subpar (C) which related to criminal history record checks.
Subsec. (a)(1)(D). Pub. L. 107–71, §138(a)(7), (9), (10), redesignated subpar. (F) as (D), substituted “107.31(m)(1) or (2)” for “107.31(m)” and “November 22, 2000. The Under Secretary shall work with the International Civil Aviation Organization and with appropriate authorities of foreign countries to ensure that individuals exempted under this subparagraph do not pose a threat to aviation or national security” for “the date of enactment of this subparagraph” and struck out former subpar. (D) which allowed a supervised employee to remain in position until completion of record check.
Subsec. (a)(1)(E). Pub. L. 107–71, §138(a)(7), struck out subpar. (E) which related to criminal history record checks for screeners and others.
Subsec. (a)(1)(E)(iv). Pub. L. 107–71, §111(b)(2), struck out cl. (iv) which related to effective dates for subpar. (E).
Subsec. (a)(1)(F). Pub. L. 107–71, §138(a)(7), redesignated subpar. (F) as (D).
Subsec. (a)(2). Pub. L. 107–71, §§107(f)(7), 138(a)(11), substituted “carrier, airport operator, or government” for “carrier, or airport operator” and “Under Secretary” for “Administrator”.
Subsec. (a)(3). Pub. L. 107–71, §101(f)(7), substituted “Under Secretary” for “Administrator”.
Subsec. (b)(1). Pub. L. 107–71, §138(a)(12), substituted “carrier, airport operator, or government” for “carrier, or airport operator” in introductory provisions.
Subsec. (b)(1)(B)(xiv)(IX). Pub. L. 107–71, §101(f)(7), substituted “Under Secretary” for “Administrator”.
Subsec. (b)(2). Pub. L. 107–71, §101(f)(7), substituted “Under Secretary” for “Administrator”.
Subsec. (b)(3). Pub. L. 107–71, §§101(f)(7), 138(a)(13), substituted “carrier, airport operator, or government” for “carrier, or airport operator” and “Under Secretary” for “Administrator”.
Subsec. (c)(1). Pub. L. 107–71, §138(a)(14), inserted at end “All Federal agencies shall cooperate with the Under Secretary and the Under Secretary's designee in the process of collecting and submitting fingerprints.”
Pub. L. 107–71, §101(f)(7), substituted “Under Secretary” for “Administrator” wherever appearing.
Subsec. (c)(2). Pub. L. 107–71, §101(f)(7), substituted “Under Secretary” for “Administrator” in introductory provisions.
Subsec. (d). Pub. L. 107–71, §101(f)(7), substituted “Under Secretary” for “Administrator” in two places.
Subsecs. (f) to (h). Pub. L. 107–71, §§138(b)(1), 140(a)(1), amended section identically, redesignating subsecs. (f) to (h) as (h) to (j), respectively, of section 44703 of this title.
2000—Subsec. (a)(1)(A). Pub. L. 106–528, §2(c)(1), in introductory provisions, struck out “, as the Administrator decides is necessary to ensure air transportation security,” after “shall be conducted”.
Subsec. (a)(1)(C)(v). Pub. L. 106–181, §508(a), added cl. (v).
Subsec. (a)(1)(D). Pub. L. 106–528, §2(c)(2), substituted “in the position for which the individual applied” for “as a screener”.
Subsec. (a)(1)(E), (F). Pub. L. 106–528, §2(c)(3), added subpars. (E) and (F).
Subsec. (b)(1)(B). Pub. L. 106–528, §2(d)(1), inserted “(or found not guilty by reason of insanity)” after “convicted” in introductory provisions.
Subsec. (b)(1)(B)(xi). Pub. L. 106–528, §2(d)(2), inserted “or felony unarmed” after “armed”.
Subsec. (b)(1)(B)(xiii) to (xv). Pub. L. 106–528, §2(d)(3)–(5), added cls. (xiii) and (xiv), redesignated former cl. (xiii) as (xv), and in cl. (xv) substituted “clauses (i) through (xiv)” for “clauses (i)–(xii) of this paragraph”.
Subsec. (f)(1)(B). Pub. L. 106–181, §508(b)(1), inserted “(except a branch of the United States Armed Forces, the National Guard, or a reserve component of the United States Armed Forces)” after “other person” in introductory provisions.
Subsec. (f)(1)(B)(ii). Pub. L. 106–181, §508(b)(2), substituted “individual's performance as a pilot” for “individual” in introductory provisions.
Subsec. (f)(5). Pub. L. 106–181, §508(b)(3), inserted before period at end of first sentence “; except that, for purposes of paragraph (15), the Administrator may allow an individual designated by the Administrator to accept and maintain written consent on behalf of the Administrator for records requested under paragraph (1)(A)”.
Subsec. (f)(13). Pub. L. 106–181, §508(b)(4)(A), substituted “shall” for “may” in introductory provisions.
Subsec. (f)(13)(A)(i). Pub. L. 106–181, §508(b)(4)(B), inserted “and disseminated under paragraph (15)” after “requested under paragraph (1)”.
Subsec. (f)(14)(B). Pub. L. 106–181, §508(b)(5), inserted “or from a foreign government or entity that employed the individual” after “exists”.
Subsec. (f)(15). Pub. L. 106–181, §508(b)(6), added par. (15).
1997—Subsec. (f)(1). Pub. L. 105–142, §1(1), substituted “Subject to paragraph (14), before allowing an individual to begin service” for “Before hiring an individual” in introductory provisions.
Subsec. (f)(1)(B). Pub. L. 105–142, §1(2), inserted “as a pilot of a civil or public aircraft” before “at any time” in introductory provisions.
Subsec. (f)(1)(C). Pub. L. 105–102 substituted “section 30305(b)(8) of this title” for “section 30305(b)(7)”.
Subsec. (f)(4). Pub. L. 105–142, §1(3), inserted “and air carriers” after “Administrator” and substituted “paragraphs (1)(A) and (1)(B)” for “paragraph (1)(A)”.
Subsec. (f)(5). Pub. L. 105–142, §1(4), substituted “this subsection” for “this paragraph”.
Subsec. (f)(10). Pub. L. 105–142, §1(5), inserted “who is or has been” before “employed” and “, but not later than 30 days after the date” after “reasonable time”.
Subsec. (f)(14). Pub. L. 105–142, §1(6), added par. (14).
1996—Subsec. (a)(1). Pub. L. 104–264, §304(a), designated existing provisions as subpar. (A), redesignated former subpars. (A) and (B) of par. (1) as cls. (i) and (ii) of subpar. (A), respectively, and added subpars. (B) to (D).
Subsec. (a)(3). Pub. L. 104–264, §306, added par. (3).
Subsecs. (f) to (h). Pub. L. 104–264, §502(a), added subsecs. (f) to (h).
Effective Date of 2000 Amendments
Amendment by Pub. L. 106–528 effective 30 days after Nov. 22, 2000, see section 9 of Pub. L. 106–528, set out as a note under section 106 of this title.
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
Effective Date of 1996 Amendment
Section 304(b) of Pub. L. 104–264 provided that: “The amendment made by subsection (a)(3) [amending this section] shall apply to individuals hired to perform functions described in section 44936(a)(1)(B) of title 49, United States Code, after the date of the enactment of this Act [Oct. 9, 1996]; except that the Administrator of the Federal Aviation Administration may, as the Administrator determines to be appropriate, require such employment investigations or criminal history records checks for individuals performing those functions on the date of the enactment of this Act.”
Amendment by section 502(a) of Pub. L. 104–264 applicable to any air carrier hiring an individual as a pilot whose application was first received by the carrier on or after the 120th day following Oct. 9, 1996, see section 502(d) of Pub. L. 104–264, set out as a note under section 30305 of this title.
Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title.
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including the functions of the Secretary of Transportation, and of the Under Secretary of Transportation for Security, relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
Criminal History Record Checks
Pub. L. 106–528, §2(a), (b), Nov. 22, 2000, 114 Stat. 2517, provided that:
“(a)
“(1)
“(2)
“(b)
“(1)
“(2)
§44937. Prohibition on transferring duties and powers
Except as specifically provided by law, the Under Secretary of Transportation for Security may not transfer a duty or power under section 44903(a), (b), (c), or (e), 44906, 44912, 44935, 44936, or 44938(b)(3) of this title to another department, agency, or instrumentality of the United States Government.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1219; Pub. L. 103–429, §6(57), Oct. 31, 1994, 108 Stat. 4385; Pub. L. 107–71, title I, §101(f)(7), (9), Nov. 19, 2001, 115 Stat. 603.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44937 | 49 App.:1357(e)(1). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §316(e)(1); added Aug. 5, 1974, Pub. L. 93–366, §202, 88 Stat. 417. |
The word “otherwise” is omitted as surplus. The word “assigned” is omitted as being included in “transfer”. The word “function” is omitted as being included in “duty or power”. The words “department, agency, or instrumentality of the United States Government” are substituted for “Federal department or agency” for clarity and consistency in the revised title and with other titles of the United States Code.
Pub. L. 103–429
This amends 49:44937 to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1219).
Amendments
2001—Pub. L. 107–71 substituted “Under Secretary of Transportation for Security” for “Administrator of the Federal Aviation Administration”.
1994—Pub. L. 103–429 substituted “44906” for “44906(a)(1) or (b)”.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including the functions of the Secretary of Transportation, and of the Under Secretary of Transportation for Security, relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
§44938. Reports
(a)
(1) an assessment of trends and developments in terrorist activities, methods, and other threats to transportation;
(2) an evaluation of deployment of explosive detection devices;
(3) recommendations for research, engineering, and development activities related to transportation security, except research engineering and development activities related to aviation security to the extent those activities are covered by the national aviation research plan required under section 44501(c) of this title;
(4) identification and evaluation of cooperative efforts with other departments, agencies, and instrumentalities of the United States Government;
(5) an evaluation of cooperation with foreign transportation and security authorities;
(6) the status of the extent to which the recommendations of the President's Commission on Aviation Security and Terrorism have been carried out and the reasons for any delay in carrying out those recommendations;
(7) a summary of the activities of the Director of Intelligence and Security in the 12-month period ending on the date of the report;
(8) financial and staffing requirements of the Director;
(9) an assessment of financial and staffing requirements, and attainment of existing staffing goals, for carrying out duties and powers of the Under Secretary related to security; and
(10) appropriate legislative and regulatory recommendations.
(b)
(1) on the effectiveness of procedures under section 44901 of this title;
(2) that includes a summary of the assessments conducted under section 44907(a)(1) and (2) of this title; and
(3) that includes an assessment of the steps being taken, and the progress being made, in ensuring compliance with section 44906 of this title for each foreign air carrier security program at airports outside the United States—
(A) at which the Under Secretary decides that Foreign Security Liaison Officers are necessary for air transportation security; and
(B) for which extraordinary security measures are in place.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1220; Pub. L. 103–305, title V, §502, Aug. 23, 1994, 108 Stat. 1595; Pub. L. 105–362, title XV, §1502(b), Nov. 10, 1998, 112 Stat. 3295; Pub. L. 107–71, title I, §101(f)(7), (9), Nov. 19, 2001, 115 Stat. 603.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44938(a) | 49 App.:1356(b). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §315(b); added Nov. 16, 1990, Pub. L. 101–604, §102(a), 104 Stat. 3068. |
| 44938(b)(1), (2) | 49 App.:1356(a) (3d sentence 1st–18th words, last sentence). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §315(a) (3d sentence 1st–18th words, last sentence); added Aug. 5, 1974, Pub. L. 93–366, §202, 88 Stat. 415; Aug. 8, 1985, Pub. L. 99–83, §551(b)(1), 99 Stat. 225; Nov. 16, 1990, Pub. L. 101–604, §102(b), 104 Stat. 3069. |
| 44938(b)(3) | 49 App.:1357(k)(4). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §316(k)(4); added Nov. 16, 1990, Pub. L. 101–604, §105(a), 104 Stat. 3074. |
| 44938(c) | 49 App.:1357 (note). | Nov. 16, 1990, Pub. L. 101–604, §106(d), 104 Stat. 3075. |
In subsection (a), before clause (1), the words “each year” are substituted for “of calendar year 1991 and of each calendar year thereafter” to eliminate unnecessary words. In clauses (8) and (9), the word “financial” is substituted for “funding” for clarity and consistency in the revised title and with other titles of the United States Code.
In subsection (b)(1), the word “screening” is omitted as surplus.
In subsection (b)(2), the words “a summary of the assessments conducted under section 44907(a)(1) and (2) of this title” are substituted for “the information described in section 1515(c) of this Appendix” for clarity.
In subsection (b)(3), before clause (A), the words “that includes” are substituted for “The Administrator shall submit to Congress as part of the annual report required by section 315(a)” because of the restatement.
Amendments
2001—Subsec. (a). Pub. L. 107–71, §101(f)(7), (9), in introductory provisions, substituted “Under Secretary” for “Administrator” in two places and “of Transportation for Security” for “of the Federal Aviation Administration”.
Subsec. (a)(9). Pub. L. 107–71, §101(f)(7), substituted “Under Secretary” for “Administrator”.
Subsec. (b). Pub. L. 107–71, §101(f)(7), substituted “Under Secretary” for “Administrator” in introductory provisions and par. (3)(A).
1998—Subsec. (a). Pub. L. 105–362, §1502(b)(1), in second sentence of introductory provisions, substituted “biennial report” for “annual report” and inserted “in each year the Administrator submits the biennial report” after “subsection (b) of this section”.
Subsec. (b). Pub. L. 105–362, §1502(b)(2), substituted “biennially” for “annually” in introductory provisions.
Subsec. (c). Pub. L. 105–362, §1502(b)(3), struck out heading and text of subsec. (c). Text read as follows: “The Administrator shall submit to Congress an annual report for each of the calendar years 1991 and 1992 on the progress being made, and the problems occurring, in carrying out section 44904 of this title. The report shall include recommendations for improving domestic air transportation security.”
1994—Subsec. (a). Pub. L. 103–305 substituted “March 31” for “December 31”.
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which the 8th item on page 132 and the 11th item on page 138 identify reporting provisions which, as subsequently amended, are contained, respectively, in subsecs. (a) and (b)(1), (2) of this section), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance.
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including the functions of the Secretary of Transportation, and of the Under Secretary of Transportation for Security, relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
§44939. Training to operate certain aircraft
(a)
(1) that person has first notified the Secretary that the alien or individual has requested such training and submitted to the Secretary, in such form as the Secretary may prescribe, the following information about the alien or individual:
(A) full name, including any aliases used by the applicant or variations in spelling of the applicant's name;
(B) passport and visa information;
(C) country of citizenship;
(D) date of birth;
(E) dates of training; and
(F) fingerprints collected by, or under the supervision of, a Federal, State, or local law enforcement agency or by another entity approved by the Federal Bureau of Investigation or the Secretary of Homeland Security, including fingerprints taken by United States Government personnel at a United States embassy or consulate; and
(2) the Secretary has not directed, within 30 days after being notified under paragraph (1), that person not to provide the requested training because the Secretary has determined that the individual presents a risk to aviation or national security.
(b)
(c)
(d)
(1) holds an airman's certification of a foreign country that is recognized by an agency of the United States, including a military agency, that permits an individual to operate a multi-engine aircraft that has a certificated takeoff weight of more than 12,500 pounds;
(2) is employed by a foreign air carrier that is certified under part 129 of title 14, Code of Federal Regulations, and that has a security program approved under section 1546 of title 49, Code of Federal Regulations;
(3) is an individual that has unescorted access to a secured area of an airport designated under section 44936(a)(1)(A)(ii); or
(4) is an individual that is part of a class of individuals that the Secretary has determined that providing aviation training to presents minimal risk to aviation or national security because of the aviation training already possessed by such class of individuals.
(e)
(f)
(g)
(1)
(2)
(A) shall be credited to the account in the Treasury from which the expenses were incurred and shall be available to the Secretary for those expenses; and
(B) shall remain available until expended.
(h)
(i)
(Added Pub. L. 107–71, title I, §113(a), Nov. 19, 2001, 115 Stat. 622; amended Pub. L. 108–176, title VI, §612(a), Dec. 12, 2003, 117 Stat. 2572.)
References in Text
The date of enactment of this section, referred to in subsec. (d), probably means the date of enactment of Pub. L. 108–176, which amended this section generally and was approved Dec. 12, 2003.
Amendments
2003—Pub. L. 108–176 reenacted section catchline without change and amended text generally. Prior to amendment, text consisted of subsecs. (a) to (d) relating to waiting period for training, interruption of training, covered training, and security awareness training for employees.
Effective Date of 2003 Amendment
Pub. L. 108–176, title VI, §612(c), Dec. 12, 2003, 117 Stat. 2574, provided that: “The amendment made by subsection (a) [amending this section] takes effect on the effective date of the interim final rule required by subsection (b)(1) [set out below] [rule effective Sept. 20, 2004, see 69 F.R. 56323].”
Effective Date
Pub. L. 107–71, title I, §113(d), Nov. 19, 2001, 115 Stat. 622, provided that: “The amendment made by subsection (a) [enacting this section] applies to applications for training received after the date of enactment of this Act [Nov. 19, 2001].”
Implementation
Pub. L. 108–176, title VI, §612(b), Dec. 12, 2003, 117 Stat. 2574, provided that:
“(1)
“(2)
“(3)
Report
Pub. L. 108–176, title VI, §612(d), Dec. 12, 2003, 117 Stat. 2574, provided that: “Not later than 1 year after the date of enactment of this Act [Dec. 12, 2003], the Secretary of Homeland Security shall submit to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure a report on the effectiveness of the activities carried out under section 44939 of title 49, United States Code, in reducing risks to aviation security and national security.”
International Cooperation
Pub. L. 107–71, title I, §113(c), Nov. 19, 2001, 115 Stat. 622, provided that: “The Secretary of Transportation, in consultation with the Secretary of State, shall work with the International Civil Aviation Organization and the civil aviation authorities of other countries to improve international aviation security through screening programs for flight instruction candidates.”
§44940. Security service fee
(a)
(1)
(A) Salary, benefits, overtime, retirement and other costs of screening personnel, their supervisors and managers, and Federal law enforcement personnel deployed at airport security screening locations under section 44901.
(B) The costs of training personnel described in subparagraph (A), and the acquisition, operation, and maintenance of equipment used by such personnel.
(C) The costs of performing background investigations of personnel described in subparagraphs (A), (D), (F), and (G).
(D) The costs of the Federal air marshals program.
(E) The costs of performing civil aviation security research and development under this title.
(F) The costs of Federal Security Managers under section 44903.
(G) The costs of deploying Federal law enforcement personnel pursuant to section 44903(h).
(H) The costs of security-related capital improvements at airports.
(I) The costs of training pilots and flight attendants under sections 44918 and 44921.
The amount of such costs shall be determined by the Under Secretary and shall not be subject to judicial review. For purposes of subparagraph (A), the term “Federal law enforcement personnel” includes State and local law enforcement officers who are deputized under section 44922.
(2)
(A)
(B)
(i)
(ii)
(iii)
(iv)
(C)
(b)
(c)
(d)
(1)
(2)
(3)
(4)
(e)
(1)
(2)
(3)
(4)
(5)
(6)
(f)
(1) shall be credited as offsetting collections to the account that finances the activities and services for which the fee is imposed;
(2) shall be available for expenditure only to pay the costs of activities and services for which the fee is imposed; and
(3) shall remain available until expended.
(g)
(h)
(i)
(1)
(2)
(3)
(4)
(Added Pub. L. 107–71, title I, §118(a), Nov. 19, 2001, 115 Stat. 625; amended Pub. L. 108–7, div. I, title III, §351(b), Feb. 20, 2003, 117 Stat. 420; Pub. L. 108–176, title VI, §605(b)(1), (2), Dec. 12, 2003, 117 Stat. 2568; Pub. L. 110–53, title XVI, §1601, Aug. 3, 2007, 121 Stat. 477; Pub. L. 110–161, div. E, title V, §540, Dec. 26, 2007, 121 Stat. 2079.)
References in Text
The date of enactment of this Act, referred to in subsec. (d)(1), probably means the date of enactment of Pub. L. 107–71, which enacted this section and which was approved Nov. 19, 2001.
Codification
Pub. L. 107–71, title I, §118(a), Nov. 19, 2001, 115 Stat. 625, which directed the addition of section 44940 at end of subchapter II of chapter 449 without specifying the Code title to be amended, was executed by adding this section at the end of this subchapter, to reflect the probable intent of Congress.
Amendments
2007—Subsec. (a)(2)(A), (B)(iv). Pub. L. 110–161, which directed amendment of subsec. (a)(2) “by striking the period in the last sentence of subparagraph (A) and the clause (iv) of subparagraph B and adding the following, ‘except for estimates and additional collections made pursuant to the appropriation for Aviation Security in Public Law 108–334: Provided, That such judicial review shall be pursuant to section 46110 of title 49, United States Code: Provided further, That such judicial review shall be limited only to additional amounts collected by the Secretary before October 1, 2007.’ ”, was executed by substituting the quoted language directed to be added for the period at the end of last sentence of subpar. (A) and for the period at the end of cl. (iv) of subpar. (B), to reflect the probable intent of Congress.
Subsec. (d)(4). Pub. L. 110–53, §1601(1), inserted “, other than subsection (i),” before “except to”.
Subsec. (i). Pub. L. 110–53, §1601(2), added subsec. (i).
2003—Subsec. (a)(1). Pub. L. 108–7 inserted at end of concluding provisions “For purposes of subparagraph (A), the term ‘Federal law enforcement personnel’ includes State and local law enforcement officers who are deputized under section 44922.”
Subsec. (a)(1)(H), (I). Pub. L. 108–176, §605(b)(1), added subpars. (H) and (I).
Subsec. (d)(4). Pub. L. 108–176, §605(b)(2), substituted “appropriations Act or in section 44923” for “appropriations Act”.
Effective Date of 2003 Amendment
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including the functions of the Secretary of Transportation, and of the Under Secretary of Transportation for Security, relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
§44941. Immunity for reporting suspicious activities
(a)
(b)
(1) any disclosure made with actual knowledge that the disclosure was false, inaccurate, or misleading; or
(2) any disclosure made with reckless disregard as to the truth or falsity of that disclosure.
(Added Pub. L. 107–71, title I, §125(a), Nov. 19, 2001, 115 Stat. 631.)
§44942. Performance goals and objectives
(a)
(1)
(A) establish acceptable levels of performance for aviation security, including screening operations and access control, and
(B) provide Congress with an action plan, containing measurable goals and milestones, that outlines how those levels of performance will be achieved.
(2)
(b)
(1) 1
(A)
(i) Each year, consistent with the requirements of the Government Performance and Results Act of 1993 (GPRA), the Secretary and the Under Secretary for Transportation Security shall agree on a performance plan for the succeeding 5 years that establishes measurable goals and objectives for aviation security. The plan shall identify action steps necessary to achieve such goals.
(ii) In addition to meeting the requirements of GPRA, the performance plan should clarify the responsibilities of the Secretary, the Under Secretary for Transportation Security and any other agency or organization that may have a role in ensuring the safety and security of the civil air transportation system.
(B)
(Added Pub. L. 107–71, title I, §130, Nov. 19, 2001, 115 Stat. 633.)
References in Text
The date of enactment of the Aviation and Transportation Security Act, referred to in subsec. (a)(1), is the date of enactment of Pub. L. 107–71, which was approved Nov. 19, 2001.
The Government Performance and Results Act of 1993, referred to in subsec. (b)(1), is Pub. L. 103–62, Aug. 3, 1993, 107 Stat. 285, which enacted section 306 of Title 5, Government Organization and Employees, sections 1115 to 1119, 9703, and 9704 of Title 31, Money and Finance, and sections 2801 to 2805 of Title 39, Postal Service, amended section 1105 of Title 31, and enacted provisions set out as notes under sections 1101 and 1115 of Title 31. For complete classification of this Act to the Code, see Short Title of 1993 Amendment note set out under section 1101 of Title 31 and Tables.
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including the functions of the Secretary of Transportation, and of the Under Secretary of Transportation for Security, relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
1 So in original. No par. (2) has been enacted.
§44943. Performance management system
(a)
(b)
(1)
(2)
(c)
(Added Pub. L. 107–71, title I, §130, Nov. 19, 2001, 115 Stat. 634.)
References in Text
The Aviation Security Act, referred to in subsec. (c), probably means the Aviation and Transportation Security Act, Pub. L. 107–71, Nov. 19, 2001, 115 Stat. 597. For complete classification of this Act to the Code, see Short Title of 2001 Amendment note set out under section 40101 of this title and Tables.
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including the functions of the Secretary of Transportation, and of the Under Secretary of Transportation for Security, relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
§44944. Voluntary provision of emergency services
(a)
(1)
(2)
(3)
(4)
(b)
(c)
(Added Pub. L. 107–71, title I, §131(a), Nov. 19, 2001, 115 Stat. 635.)
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including the functions of the Secretary of Transportation, and of the Under Secretary of Transportation for Security, relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
Construction
Pub. L. 107–71, title I, §131(c), Nov. 19, 2001, 115 Stat. 635, provided that: “Nothing in this section [enacting this section] may be construed to require any modification of regulations of the Department of Transportation governing the possession of firearms while in aircraft or air transportation facilities or to authorize the possession of a firearm in an aircraft or any such facility not authorized under those regulations.”
[For definitions of “aircraft” and “air transportation” used in section 131(c) of Pub. L. 107–71, set out above, see section 133 of Pub. L. 107–71, set out as a note under section 40102 of this title.]
§44945. Disposition of unclaimed money
Notwithstanding section 3302 of title 31, unclaimed money recovered at any airport security checkpoint shall be retained by the Transportation Security Administration and shall remain available until expended for the purpose of providing civil aviation security as required in this chapter.
(Added Pub. L. 108–334, title V, §515(a), Oct. 18, 2004, 118 Stat. 1317.)
Annual Report
Pub. L. 108–334, title V, §515(b), Oct. 18, 2004, 118 Stat. 1318, provided that: “Not later than 180 days after the date of enactment of this Act [Oct. 18, 2004] and annually thereafter, the Administrator of the Transportation Security Administration shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives; the Committee on Appropriations of the House of Representatives; the Committee on Commerce, Science and Transportation of the Senate; and the Committee on Appropriations of the Senate, a report that contains a detailed description of the amount of unclaimed money recovered in total and at each individual airport, and specifically how the unclaimed money is being used to provide civil aviation security.”
CHAPTER 451—ALCOHOL AND CONTROLLED SUBSTANCES TESTING
Amendments
2001—Pub. L. 107–71, title I, §139(5), Nov. 19, 2001, 115 Stat. 641, added item 45107.
§45101. Definition
In this chapter, “controlled substance” means any substance under section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802) specified by the Administrator of the Federal Aviation Administration.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1221.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 45101 | 49 App.:1434(f). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §614(f); added Oct. 28, 1991, Pub. L. 102–143, §3(a), 105 Stat. 956. |
§45102. Alcohol and controlled substances testing programs
(a)
(2) When the Administrator considers it appropriate in the interest of safety, the Administrator may prescribe regulations for conducting periodic recurring testing of airmen, crewmembers, airport security screening personnel, and other air carrier employees responsible for safety-sensitive functions for the use of alcohol or a controlled substance in violation of law or a Government regulation.
(b)
(2) When the Administrator considers it appropriate in the interest of safety, the Administrator may prescribe regulations for conducting periodic recurring testing of employees of the Administration responsible for safety-sensitive functions for use of alcohol or a controlled substance in violation of law or a Government regulation.
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1221; Pub. L. 104–59, title III, §342(d), Nov. 28, 1995, 109 Stat. 609; Pub. L. 107–71, title I, §139(1), Nov. 19, 2001, 115 Stat. 640.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 45102(a) | 49 App.:1434(a)(1). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §614(a); added Oct. 28, 1991, Pub. L. 102–143, §3(a), 105 Stat. 953. |
| 45102(b) | 49 App.:1434(a)(2). | |
| 45102(c) | 49 App.:1434(a)(3). |
In subsections (a)(2) and (b)(2), the word “also” is omitted as surplus.
Amendments
2001—Subsec. (a). Pub. L. 107–71 substituted “personnel” for “contract personnel” wherever appearing.
1995—Subsec. (a)(1). Pub. L. 104–59, §342(d)(1), added par. (1) and struck out former par. (1) which read as follows: “In the interest of aviation safety, the Administrator of the Federal Aviation Administration shall prescribe regulations not later than October 28, 1992, that establish a program requiring air carriers and foreign air carriers to conduct preemployment, reasonable suspicion, random, and post-accident testing of airmen, crewmembers, airport security screening contract personnel, and other air carrier employees responsible for safety-sensitive functions (as decided by the Administrator) for the use of alcohol or a controlled substance in violation of law or a United States Government regulation.”
Subsec. (b)(1). Pub. L. 104–59, §342(d)(2), added par. (1) and struck out former par. (1) which read as follows: “The Administrator shall establish a program of preemployment, reasonable suspicion, random, and post-accident testing for the use of alcohol or a controlled substance in violation of law or a Government regulation for employees of the Administration whose duties include responsibility for safety-sensitive functions.”
Rulemaking on Random Testing for Prohibited Drugs
Pub. L. 103–305, title V, §501, Aug. 23, 1994, 108 Stat. 1594, provided that: “Not later than 180 days after the date of the enactment of this Act [Aug. 23, 1994], the Secretary shall complete a rulemaking proceeding and issue a final decision on whether there should be a reduction in the annualized rate now required by the Secretary of random testing for prohibited drugs for personnel engaged in aviation activities.”
§45103. Prohibited service
(a)
(b)
(c)
(1) used the alcohol or controlled substance when on duty;
(2) began or completed a rehabilitation program described in section 45105 of this title before using the alcohol or controlled substance; or
(3) refuses to begin or complete a rehabilitation program described in section 45105 of this title after a finding by the Administrator under this section.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1222; Pub. L. 107–71, title I, §139(2), Nov. 19, 2001, 115 Stat. 640.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 45103(a) | 49 App.:1434(b)(1). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §614(b); added Oct. 28, 1991, Pub. L. 102–143, §3(a), 105 Stat. 954. |
| 45103(b) | 49 App.:1434(b)(2). | |
| 45103(c) | 49 App.:1434(b)(3). |
In subsection (b), the words “Notwithstanding subsection (a) of this section” are added for clarity.
Amendments
2001—Pub. L. 107–71 substituted “screening employee” for “screening contract employee” wherever appearing.
§45104. Testing and laboratory requirements
In carrying out section 45102 of this title, the Administrator of the Federal Aviation Administration shall develop requirements that—
(1) promote, to the maximum extent practicable, individual privacy in the collection of specimens;
(2) for laboratories and testing procedures for controlled substances, incorporate the Department of Health and Human Services scientific and technical guidelines dated April 11, 1988, and any amendments to those guidelines, including mandatory guidelines establishing—
(A) comprehensive standards for every aspect of laboratory controlled substances testing and laboratory procedures to be applied in carrying out this chapter, including standards requiring the use of the best available technology to ensure the complete reliability and accuracy of controlled substances tests and strict procedures governing the chain of custody of specimens collected for controlled substances testing;
(B) the minimum list of controlled substances for which individuals may be tested; and
(C) appropriate standards and procedures for periodic review of laboratories and criteria for certification and revocation of certification of laboratories to perform controlled substances testing in carrying out this chapter;
(3) require that a laboratory involved in controlled substances testing under this chapter have the capability and facility, at the laboratory, of performing screening and confirmation tests;
(4) provide that all tests indicating the use of alcohol or a controlled substance in violation of law or a United States Government regulation be confirmed by a scientifically recognized method of testing capable of providing quantitative information about alcohol or a controlled substance;
(5) provide that each specimen be subdivided, secured, and labeled in the presence of the tested individual and that a part of the specimen be retained in a secure manner to prevent the possibility of tampering, so that if the individual's confirmation test results are positive the individual has an opportunity to have the retained part tested by a 2d confirmation test done independently at another certified laboratory if the individual requests the 2d confirmation test not later than 3 days after being advised of the results of the first confirmation test;
(6) ensure appropriate safeguards for testing to detect and quantify alcohol in breath and body fluid samples, including urine and blood, through the development of regulations that may be necessary and in consultation with the Secretary of Health and Human Services;
(7) provide for the confidentiality of test results and medical information (except information about alcohol or a controlled substance) of employees, except that this clause does not prevent the use of test results for the orderly imposition of appropriate sanctions under this chapter; and
(8) ensure that employees are selected for tests by nondiscriminatory and impartial methods, so that no employee is harassed by being treated differently from other employees in similar circumstances.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1222.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 45104 | 49 App.:1434(d). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §614(d); added Oct. 28, 1991, Pub. L. 102–143, §3(a), 105 Stat. 955. |
In this section, the word “samples” is omitted as surplus.
In clause (2), before subclause (A), the word “subsequent” is omitted as surplus.
In clause (3), the words “of any individual” are omitted as surplus.
In clause (4), the words “by any individual” are omitted as surplus.
In clause (5), the word “tested” is substituted for “assayed” for consistency. The words “2d confirmation test” are substituted for “independent test” for clarity and consistency.
In clause (6), the word “Secretary” is substituted for “Department” for consistency in the revised title and with other titles of the United States Code.
§45105. Rehabilitation
(a)
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1223; Pub. L. 103–429, §6(58), Oct. 31, 1994, 108 Stat. 4385.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 45105(a) | 49 App.:1434(c)(1). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §614(c); added Oct. 28, 1991, Pub. L. 102–143, §3(a), 105 Stat. 954. |
| 45105(b) | 49 App.:1434(c)(2). |
In subsection (a), the words “of air carriers and foreign air carriers” are added for clarity.
Pub. L. 103–429
This amends 49:45105(a) to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1224).
Amendments
1994—Subsec. (a). Pub. L. 103–429 substituted “section 45102(a)(1)” for “section 45102(a)(1)(A)” in second sentence.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
§45106. Relationship to other laws, regulations, standards, and orders
(a)
(b)
(A) shall establish only requirements applicable to foreign air carriers that are consistent with international obligations of the United States; and
(B) shall consider applicable laws and regulations of foreign countries.
(2) The Secretaries of State and Transportation jointly shall request the governments of foreign countries that are members of the International Civil Aviation Organization to strengthen and enforce existing standards to prohibit crewmembers in international civil aviation from using alcohol or a controlled substance in violation of law or a United States Government regulation.
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1224; Pub. L. 107–71, title I, §139(3), Nov. 19, 2001, 115 Stat. 640.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 45106(a) | 49 App.:1434(e)(1). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §614(e); added Oct. 28, 1991, Pub. L. 102–143, §3(a), 105 Stat. 956. |
| 45106(b) | 49 App.:1434(e)(3). | |
| 45106(c) | 49 App.:1434(e)(2). |
In subsection (a), the word “prescribe” is substituted for “adopt” for consistency in the revised title and with other titles of the United States Code. The word “rule” is omitted as being synonymous with “regulation”. The word “ordinance” is omitted as being included in “law” and “regulation”. The words “actual” and “whether the provisions apply specifically to employees of an air carrier or foreign air carrier, or to the general public” are omitted as surplus.
In subsection (c) the word “prevent” is substituted for “restrict the discretion of” to eliminate unnecessary words.
Amendments
2001—Subsec. (c). Pub. L. 107–71 substituted “screening employees” for “screening contract employees”.
§45107. Transportation Security Administration
(a)
(b)
(Added Pub. L. 107–71, title I, §139(4), Nov. 19, 2001, 115 Stat. 640.)
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including the functions of the Secretary of Transportation, and of the Under Secretary of Transportation for Security, relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
CHAPTER 453—FEES
Amendments
1996—Pub. L. 104–264, title II, §§273(b), 276(b), Oct. 9, 1996, 110 Stat. 3240, 3248, substituted “General provisions” for “Authority to impose fees” in item 45301, added items 45303 and 45304, and struck out former item 45303 “Maximum fees for private person services”.
§45301. General provisions
(a)
(1) Air traffic control and related services provided to aircraft other than military and civilian aircraft of the United States government 1 or of a foreign government that neither take off from, nor land in, the United States.
(2) Services (other than air traffic control services) provided to a foreign government or services provided to any entity obtaining services outside the United States, except that the Administrator shall not impose fees in any manner for production-certification related service performed outside the United States pertaining to aeronautical products manufactured outside the United States.
(b)
(1)
(A) is authorized to recover in fiscal year 1997 $100,000,000; and
(B) shall ensure that each of the fees required by subsection (a) is reasonably related to the Administration's costs, as determined by the Administrator, of providing the service rendered. Services for which costs may be recovered include the costs of air traffic control, navigation, weather services, training and emergency services which are available to facilitate safe transportation over the United States, and other services provided by the Administrator or by programs financed by the Administrator to flights that neither take off nor land in the United States. The Determination 2 of such costs by the Administrator is not subject to judicial review.
(2)
(c)
(d)
(Added Pub. L. 104–264, title II, §273(a), Oct. 9, 1996, 110 Stat. 3239; amended Pub. L. 106–181, title VII, §719, Apr. 5, 2000, 114 Stat. 163; Pub. L. 107–71, title I, §119(d), Nov. 19, 2001, 115 Stat. 629.)
Prior Provisions
A prior section 45301, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1225; Pub. L. 103–305, title II, §209, Aug. 23, 1994, 108 Stat. 1589; Pub. L. 104–287, §5(76), Oct. 11, 1996, 110 Stat. 3396; Pub. L. 105–102, §3(d)(1)(C), Nov. 20, 1997, 111 Stat. 2215, related to authority to impose fees, prior to repeal by Pub. L. 104–264, title II, §§203, 273(a), Oct. 9, 1996, 110 Stat. 3227, 3239, effective 30 days after Oct. 9, 1996.
Amendments
2001—Subsec. (b)(1)(B). Pub. L. 107–71 substituted “reasonably” for “directly” and “Administration's costs, as determined by the Administrator,” for “Administration's costs” and inserted “The Determination of such costs by the Administrator is not subject to judicial review.” at end.
2000—Subsec. (a)(2). Pub. L. 106–181, §719(1), added par. (2) and struck out former par. (2) which read as follows: “Services (other than air traffic control services) provided to a foreign government.”
Subsec. (d). Pub. L. 106–181, §719(2), added subsec. (d).
Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
Effective Date
Section effective on date that is 30 days after Oct. 9, 1996, see section 203 of Pub. L. 104–264, set out as an Effective Date of 1996 Amendment note under section 106 of this title.
Except as otherwise specifically provided, section applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as an Effective Date of 1996 Amendment note under section 106 of this title.
Overflight Fees
Pub. L. 108–176, title II, §229, Dec. 12, 2003, 117 Stat. 2532, provided that:
“(a)
“(1)
“(2)
“(3)
“(b)
“(c)
1 So in original. Probably should be capitalized.
2 So in original. Probably should not be capitalized.
§45302. Fees involving aircraft not providing air transportation
(a)
(b)
(1) $12 for issuing an airman's certificate to a pilot.
(2) $25 for registering an aircraft after the transfer of ownership.
(3) $15 for renewing an aircraft registration.
(4) $7.50 for processing a form for a major repair or alteration of a fuel tank or fuel system of an aircraft.
(c)
(d)
(e)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1225; Pub. L. 103–429, §6(59), Oct. 31, 1994, 108 Stat. 4385.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 45302(a) | 49 App.:1303 (note). | Nov. 18, 1988, Pub. L. 100–690, §7214, 102 Stat. 4434. |
| 45302(b), (c) | 49 App.:1354(f)(1)–(3). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §313(f); added Nov. 18, 1988, Pub. L. 100–690, §7207(c)(1), 102 Stat. 4427. |
| 45302(d) | 49 App.:1354(f)(4). |
In subsection (b), before clause (1), the text of 49 App.:1354(f)(3) is omitted as obsolete because the final regulations are effective. The word “impose” is substituted for “establish and collect” for consistency.
In subsection (d), the words “Money collected from fees imposed” are substituted for “The amount of fees collected” for clarity and consistency.
Pub. L. 103–429
This amends 49:45302 because the final regulations are not yet effective.
References in Text
Section 44703(f)(2) of this title, referred to in subsecs. (d) and (e), was redesignated section 44703(g)(2) by Pub. L. 106–181, title VII, §715(1), Apr. 5, 2000, 114 Stat. 162.
Amendments
1994—Subsec. (e). Pub. L. 103–429 added subsec. (e).
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
Inspector General Audit
Pub. L. 100–690, title VII, §7207(c)(4), Nov. 18, 1988, 102 Stat. 4428, as amended by Pub. L. 104–66, title II, §2041, Dec. 21, 1995, 109 Stat. 728, provided that: “During the 5-year period beginning after the date on which fees are first collected under section 313(f) of the Federal Aviation Act of 1958 [see subsec. (b) of this section], the Department of Transportation Inspector General shall conduct an annual audit of the collection and use of such fees for the purpose of ensuring that such fees do not exceed the costs for which they are collected and submit to Congress a report on the results of such audit.”
[For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which the 30th item on page 4 identifies a reporting provision which, as subsequently amended, is contained in section 7207(c)(4) of Pub. L. 100–690, set out as a note above), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance.]
1 See References in Text note below.
§45303. Administrative provisions
(a)
(b)
(c)
(1) shall be credited to a separate account established in the Treasury and made available for Administration activities;
(2) shall be available immediately for expenditure but only for congressionally authorized and intended purposes; and
(3) shall remain available until expended.
(d)
(1) a list of fee collections by the Administration during the preceding fiscal year;
(2) a list of activities by the Administration during the preceding fiscal year that were supported by fee expenditures and appropriations;
(3) budget plans for significant programs, projects, and activities of the Administration, including out-year funding estimates;
(4) any proposed disposition of surplus fees by the Administration; and
(5) such other information as those committees consider necessary.
(e)
(f)
(Added Pub. L. 104–264, title II, §276(a)(2), Oct. 9, 1996, 110 Stat. 3247.)
References in Text
The Air Traffic Management System Performance Improvement Act of 1996, referred to in subsec. (f), is title II of Pub. L. 104–264, Oct. 9, 1996, 110 Stat. 3227. For complete classification of this Act to the Code, see Short Title of 1996 Amendment note set out under section 40101 of this title and Tables.
Prior Provisions
A prior section 45303 was renumbered section 45304 of this title.
Effective Date
Section effective on date that is 30 days after Oct. 9, 1996, see section 203 of Pub. L. 104–264, set out as an Effective Date of 1996 Amendment note under section 106 of this title.
Except as otherwise specifically provided, section applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as an Effective Date of 1996 Amendment note under section 106 of this title.
§45304. Maximum fees for private person services
The Administrator of the Federal Aviation Administration may establish maximum fees that private persons may charge for services performed under a delegation to the person under section 44702(d) of this title.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1225, §45303; renumbered §45304, Pub. L. 104–264, title II, §276(a)(1), Oct. 9, 1996, 110 Stat. 3247.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 45303 | 49 App.:1355(a) (last sentence related to fees). | Aug. 23, 1958, Pub. L. 85–726, §314(a) (last sentence related to fees), 72 Stat. 754. |
| 49 App.:1655(c)(1). | Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444. |
In this section, the word “Administrator” in section 314(a) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 754) is retained on authority of 49:106(g). The words “services performed under a delegation to the person under section 44702(d) of this title” are substituted for “their services” because of the restatement.
subpart iv—enforcement and penalties
CHAPTER 461—INVESTIGATIONS AND PROCEEDINGS
Amendments
2003—Pub. L. 108–176, title VI, §601(b), Dec. 12, 2003, 117 Stat. 2563, added item 46111.
2001—Pub. L. 107–71, title I, §140(b)(8), Nov. 19, 2001, 115 Stat. 641, substituted “Department of Transportation” for “Secretary of Transportation and Administrator of the Federal Aviation Administration” in item 46106.
§46101. Complaints and investigations
(a)
(2) On the initiative of the Secretary, Under Secretary, or Administrator, as appropriate, the Secretary, Under Secretary, or Administrator may conduct an investigation, if a reasonable ground appears to the Secretary, Under Secretary, or Administrator for the investigation, about—
(A) a person violating this part or a requirement prescribed under this part; or
(B) any question that may arise under this part.
(3) The Secretary of Transportation, Under Secretary, or Administrator may dismiss a complaint without a hearing when the Secretary, Under Secretary, or Administrator is of the opinion that the complaint does not state facts that warrant an investigation or action.
(4) After notice and an opportunity for a hearing and subject to section 40105(b) of this title, the Secretary of Transportation, Under Secretary, or Administrator shall issue an order to compel compliance with this part if the Secretary, Under Secretary, or Administrator finds in an investigation under this subsection that a person is violating this part.
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1226; Pub. L. 107–71, title I, §140(b)(1)–(3), Nov. 19, 2001, 115 Stat. 641.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 46101(a)(1) | 49 App.:1482(a) (1st, 2d sentences). | Aug. 23, 1958, Pub. L. 85–726, §1002(a), (b), 72 Stat. 788. |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704. | |
| 49 App.:1655(c)(1). | Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444. | |
| 46101(a)(2) | 49 App.:1482(b). | |
| 49 App.:1551(b)(1)(E). | ||
| 49 App.:1655(c)(1). | ||
| 46101(a)(3) | 49 App.:1482(a) (3d sentence). | |
| 49 App.:1551(b)(1)(E). | ||
| 49 App.:1655(c)(1). | ||
| 46101(a)(4) | 49 App.:1482(c). | Aug. 23, 1958, Pub. L. 85–726, §1002(c), 72 Stat. 789; Feb. 15, 1980, Pub. L. 96–192, §25, 94 Stat. 47. |
| 49 App.:1551(b)(1)(E). | ||
| 49 App.:1655(c)(1). | ||
| 46101(b) | 49 App.:1482(a) (4th, last sentences). | |
| 49 App.:1551(b)(1)(E). | ||
| 49 App.:1655(c)(1). |
In subsection (a)(1), the words “the Secretary of Transportation (or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator) about a person violating this part or a requirement prescribed under this part” are substituted for “the Secretary of Transportation or the Board, as to matters within their respective jurisdictions . . . with respect to anything done or omitted to be done by any person in contravention of any provisions of this chapter, or of any requirement established pursuant thereto” for clarity and because of the restatement. The words “Except as provided in subsection (b) of this section” are added because of the restatement of the source provisions in subsection (b) of this section. The words “If the person complained against shall not satisfy the complaint and” are omitted as surplus.
In subsection (a)(2), before clause (A), the words “the Secretary of Transportation or the Administrator, as appropriate” are substituted for “The Secretary of Transportation or Board, with respect to matters within their respective jurisdictions” to eliminate unnecessary words. The words “if a reasonable ground appears to the Secretary or Administrator for the investigation” are substituted for 49 App.:1482(b) (last sentence) for clarity and to eliminate unnecessary words. Clause (A) is substituted for “in any case and as to any matter or thing within their respective jurisdictions, concerning which complaint is authorized to be made to or before the Secretary of Transportation or Board by any provision of this chapter . . . or relating to the enforcement of any of the provisions of this chapter” for clarity and to eliminate unnecessary words.
In subsection (a)(4), the words “an opportunity for a” are added for consistency in the revised title and with other titles of the United States Code. The words “compel compliance with this part” are substituted for “compel such person to comply therewith” for clarity. The words “in an investigation under this subsection” are substituted for “in any investigation instituted upon complaint or upon their own initiative” to eliminate unnecessary words. The words “is violating this part” are substituted for “has failed to comply with any provision of this chapter or any requirement established pursuant thereto” for clarity and to eliminate unnecessary words. The words “with respect to matters within their jurisdiction” are omitted as unnecessary because of the restatement.
Amendments
2001—Subsec. (a)(1). Pub. L. 107–71, §140(b)(1), (2), inserted “the Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary or” after “(or” and substituted “, Under Secretary, or Administrator” for “or Administrator” in two places.
Subsec. (a)(2). Pub. L. 107–71, §140(b)(2), (3), in introductory provisions, substituted “, Under Secretary, or Administrator, as” for “of Transportation or the Administrator, as” and substituted “, Under Secretary, or Administrator” for “or Administrator” in two places.
Subsec. (a)(3), (4). Pub. L. 107–71, §140(b)(2), substituted “, Under Secretary, or Administrator” for “or Administrator” wherever appearing.
Subsec. (b). Pub. L. 107–71, §140(b)(2), substituted “, Under Secretary, or Administrator” for “or Administrator” in two places.
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including the functions of the Secretary of Transportation, and of the Under Secretary of Transportation for Security, relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
§46102. Proceedings
(a)
(b)
(c)
(d)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1226; Pub. L. 107–71, title I, §140(b)(1), (2), (4)–(6), Nov. 19, 2001, 115 Stat. 641.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 46102(a) | 49 App.:1481 (1st sentence). | Aug. 23, 1958, Pub. L. 85–726, §1001, 72 Stat. 788. |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704. | |
| 49 App.:1655(c)(1). | Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444. | |
| 46102(b) | 49 App.:1481 (3d, 4th sentences). | |
| 49 App.:1551(b)(1)(E). | ||
| 49 App.:1655(c)(1). | ||
| 46102(c) | 49 App.:1481 (last sentence). | |
| 49 App.:1551(b)(1)(E). | ||
| 49 App.:1655(c)(1). | ||
| 46102(d) | 49 App.:1481 (2d sentence). | |
| 49 App.:1551(b)(1)(E). | ||
| 49 App.:1655(c)(1). |
In subsection (a), the cross-reference to chapter 7 of title 5 is omitted as unnecessary.
In subsection (b), the text of 49 App.:1481 (4th sentence words after last comma) is omitted as obsolete. The words “National Transportation Safety Board” were substituted for “Board” in 49 App.:1481 (4th sentence) because 49 App.:1655(d) transferred all functions, duties, and powers of the Civil Aeronautics Board under titles VI and VII of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 775) to the Secretary of Transportation to be carried out through the former National Transportation Safety Board in the Department of Transportation. Title VI includes sections 602 and 609 [49 App.:1422, 1429], that provide for appeals to the Civil Aeronautics Board (subsequently transferred to the National Transportation Safety Board), and section 611(e) [49 App.:1431(e)], that provides for appeals to the National Transportation Safety Board. Under 49 App.:1902(a), the National Transportation Safety Board in the Department of Transportation was replaced by an independent National Transportation Safety Board outside the Department, and 49 App.:1903(a)(9)(A) gave the independent Board the authority to review appeals from actions of the Secretary under 49 App.:1422, 1429, and 1431(e).
In subsection (c), the words “vote and” are omitted as surplus.
In subsection (d), the words “officer or employee of the Administration” are substituted for “member” for clarity and consistency in the revised title and with other titles of the United States Code. The words “hearing or” are omitted as surplus. The words “referred to in subsection (a) of this section” are added for clarity.
Amendments
2001—Subsec. (a). Pub. L. 107–71, §140(b)(1), inserted “the Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary or” after “(or”.
Subsec. (b). Pub. L. 107–71, §140(b)(4), substituted “, the Under Secretary, and the Administrator” for “and the Administrator”.
Subsec. (c). Pub. L. 107–71, §140(b)(2), (5), substituted “, Under Secretary, and Administrator” for “and Administrator” in two places and “, Under Secretary, or Administrator” for “or Administrator”.
Subsec. (d). Pub. L. 107–71, §140(b)(6), inserted “the Under Secretary,” after “Secretary,”.
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including the functions of the Secretary of Transportation, and of the Under Secretary of Transportation for Security, relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
§46103. Service of notice, process, and actions
(a)
(2) The designation—
(A) shall be in writing and filed with the Secretary, Under Secretary, or Administrator; and
(B) may be changed in the same way as originally made.
(b)
(A) by personal service;
(B) on a designated agent; or
(C) by certified or registered mail to the person to be served or the designated agent of the person.
(2) The date of service made by certified or registered mail is the date of mailing.
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1227; Pub. L. 107–71, title I, §140(b)(1), (2), Nov. 19, 2001, 115 Stat. 641.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 46103(a) | 49 App.:1485(b) (1st sentence). | Aug. 23, 1958, Pub. L. 85–726, §1005(b), 72 Stat. 794.. |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704. | |
| 49 App.:1655(c)(1). | Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444. | |
| 46103(b) | 49 App.:1485(c). | Aug. 23, 1958, Pub. L. 85–726, §1005(c), 72 Stat. 794; restated Aug. 25, 1959, Pub. L. 86–199, 73 Stat. 427. |
| 46103(c) | 49 App.:1485(b) (last sentence). | |
| 49 App.:1551(b)(1)(E). | ||
| 49 App.:1655(c)(1). |
In subsection (a)(1), the words “in a proceeding before” are added for clarity. The word “action” is substituted for “orders, decisions, and requirements” to eliminate unnecessary words. The words “for and on behalf of said carrier” are omitted as surplus.
In subsection (a)(2)(B), the words “from time to time” are omitted as surplus.
In subsection (b)(1)(B), the words “in writing for the purpose” are omitted as surplus.
In subsection (b)(1)(C), the word “addressed” is omitted as surplus.
In subsection (b)(2), the word “date” is substituted for “time” for clarity and consistency.
In subsection (c), the words “with like effect as if made personally upon such carrier” are omitted as surplus.
Amendments
2001—Subsec. (a)(1). Pub. L. 107–71, §140(b)(1), inserted “the Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary or” after “(or”.
Subsec. (a)(2)(A). Pub. L. 107–71, §140(b)(2), substituted “, Under Secretary, or Administrator” for “or Administrator”.
Subsec. (c). Pub. L. 107–71, §140(b)(2), substituted “, Under Secretary, or Administrator” for “or Administrator”.
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including the functions of the Secretary of Transportation, and of the Under Secretary of Transportation for Security, relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
§46104. Evidence
(a)
(1) subpena witnesses and records related to a matter involved in the hearing or investigation from any place in the United States to the designated place of the hearing or investigation;
(2) administer oaths;
(3) examine witnesses; and
(4) receive evidence at a place in the United States the Secretary, Under Secretary, or Administrator designates.
(b)
(c)
(2) A deposition may be taken before an individual designated by the Secretary, Under Secretary, or Administrator and having the power to administer oaths.
(3) Before taking a deposition, the party or the attorney of the party proposing to take the deposition must give reasonable notice in writing to the opposing party or the attorney of record of that party. The notice shall state the name of the witness and the time and place of taking the deposition.
(4) The testimony of a person deposed under this subsection shall be under oath. The person taking the deposition shall prepare, or cause to be prepared, a transcript of the testimony taken. The transcript shall be subscribed by the deponent. Each deposition shall be filed promptly with the Secretary, Under Secretary, or Administrator.
(5) If the laws of a foreign country allow, the testimony of a witness in that country may be taken by deposition—
(A) by a consular officer or an individual commissioned by the Secretary, Under Secretary, or Administrator or agreed on by the parties by written stipulation filed with the Secretary, Under Secretary, or Administrator; or
(B) under letters rogatory issued by a court of competent jurisdiction at the request of the Secretary, Under Secretary, or Administrator.
(d)
(e)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1227; Pub. L. 107–71, title I, §140(b)(1), (2), (6), Nov. 19, 2001, 115 Stat. 641.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 46104(a) | 49 App.:1354(c) (related to this chapter). | Aug. 23, 1958, Pub. L. 85–726, §§313(c) (related to this Act), 1004(a)–(h), 72 Stat. 753, 792. |
| 49 App.:1484(a) (related to member of the Board), (b) (1st sentence), (c) (1st sentence). | ||
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704. | |
| 49 App.:1655(c)(1). | Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444. | |
| 46104(b) | 49 App.:1354(c) (related to this chapter). | |
| 49 App.:1484(c) (last sentence), (d). | ||
| 49 App.:1551(b)(1)(E). | ||
| 49 App.:1655(c)(1). | ||
| 46104(c)(1) | 49 App.:1354(c) (related to this chapter). | |
| 49 App.:1484(e) (1st, last sentences). | ||
| 49 App.:1551(b)(1)(E). | ||
| 49 App.:1655(c)(1). | ||
| 46104(c)(2) | 49 App.:1354(c) (related to this chapter). | |
| 49 App.:1484(e) (2d sentence). | ||
| 49 App.:1551(b)(1)(E). | ||
| 49 App.:1655(c)(1). | ||
| 46104(c)(3) | 49 App.:1354(c) (related to this chapter). | |
| 49 App.:1484(e) (3d sentence). | ||
| 49 App.:1655(c)(1). | ||
| 46104(c)(4) | 49 App.:1354(c) (related to this chapter). | |
| 49 App.:1484(f). | ||
| 49 App.:1551(b)(1)(E). | ||
| 49 App.:1655(c)(1). | ||
| 46104(c)(5) | 49 App.:1354(c) (related to this chapter). | |
| 49 App.:1484(g). | ||
| 49 App.:1551(b)(1)(E). | ||
| 49 App.:1655(c)(1). | ||
| 46104(d) | 49 App.:1354(c) (related to this chapter). | |
| 49 App.:1484(b) (last sentence), (h). | ||
| 49 App.:1551(b)(1)(E). | ||
| 49 App.:1655(c)(1). | ||
| 46104(e) | 49 App.:1354(c) (related to this chapter). | |
| 49 App.:1484(a) (related to examiner). | ||
| 49 App.:1551(b)(1)(E). | ||
| 49 App.:1655(c)(1). |
In this section, the word “Administrator” in section 313(c) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 753) is retained on authority of 49:106(g).
Subsection (a)(1) is substituted for “sign and issue subpenas”, “shall have the power to require by subpena the attendance and testimony of witnesses and the production of all books, papers, and documents relating to any matter under investigation”, and “The attendance of witnesses, and the production of books, papers, and documents, may be required from any place in the United States, at any designated place of hearing” in 49 App.:1484 for clarity and consistency in the revised title and with other titles of the United States Code and to eliminate unnecessary words.
In subsection (b), the words “petition a court of the United States to enforce the subpena” are substituted for “invoke the aid of any court of the United States in requiring attendance and testimony of witnesses and the production of such books, papers, and documents under the provisions of this section” in 49 App.:1484(c) to eliminate unnecessary words. The words “to enforce a subpena under this section” are substituted for “in case of contumacy or refusal to obey a subpena issued to any person, issue an order requiring such person to appear before the Board (and produce books, papers, or documents if so ordered) and give evidence touching the matter in question” in 49 App.:1484(d) to eliminate unnecessary words.
In subsection (c)(1), the words “pending before it, at any stage of such proceeding or investigation” in 49 App.:1484(e) are omitted as surplus. The words “a person to give” are substituted for “to be taken”, and the words “to produce records” are added, for clarity and consistency. The last sentence is substituted for 49 App.:1484(e) (last sentence) for clarity and consistency and to eliminate unnecessary words.
In subsection (c)(4), the words “shall be cautioned . . . to testify the whole truth, and shall be carefully examined” in 49 App.:1484(f) are omitted as surplus. The words “shall be under oath” are substituted for “shall be required to swear (or affirm, if he so requests)” for consistency and because of 1:1.
In subsection (d), the words “that the witness and individual would have been” are added for clarity and consistency in the revised title and with other titles of the Code. The words “fees, charges, or” and “on the subject” are omitted as surplus.
In subsection (e), the words “duly . . . for such purpose” are omitted as surplus. The words “employee appointed under section 3105 of title 5” are substituted for “examiner”, and the words “subpena witnesses” are substituted for “sign and issue subpenas”, for consistency in the revised title and with other titles of the Code. The words “In all cases heard by an examiner or a single member” are omitted as surplus.
Amendments
2001—Subsec. (a). Pub. L. 107–71, §140(b)(1), in introductory provisions inserted “the Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary or” after “(or”.
Subsec. (a)(4). Pub. L. 107–71, §140(b)(2), substituted “, Under Secretary, or Administrator” for “or Administrator”.
Subsec. (b). Pub. L. 107–71, §140(b)(2), (6), inserted “the Under Secretary,” after ‘Secretary,” and substituted “, Under Secretary, or Administrator” for “or Administrator”.
Subsecs. (c) to (e). Pub. L. 107–71, §140(b)(2), substituted “, Under Secretary, or Administrator” for “or Administrator” wherever appearing.
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including the functions of the Secretary of Transportation, and of the Under Secretary of Transportation for Security, relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
§46105. Regulations and orders
(a)
(b)
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1228; Pub. L. 107–71, title I, §140(b)(1), (2), Nov. 19, 2001, 115 Stat. 641.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 46105(a) | 49 App.:1485(a) (words before 1st proviso), (d), (e). | Aug. 23, 1958, Pub. L. 85–726, §1005(a), (d)–(f), 72 Stat. 794. |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704. | |
| 49 App.:1655(c)(1). | Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444. | |
| 46105(b) | 49 App.:1485(f). | |
| 49 App.:1551(b)(1)(E). | ||
| 49 App.:1655(c)(1). | ||
| 46105(c) | 49 App.:1485(a) (provisos). | |
| 49 App.:1655(c)(1). |
In subsection (a), the words “under its own terms or until superseded” are substituted for “until their further order, rule, or regulation, or for a specified period of time, as shall be prescribed in the order, rule, or regulation” for clarity and to eliminate unnecessary words. The word “amend” is added for consistency in the revised title. The text of 49 App.:1485(e) is omitted as surplus.
In subsection (c), the words “without complaint” and “if he so orders” are omitted as surplus. The words “prescribe . . . issue” are substituted for “make” for consistency in the revised title and with other titles of the United States Code. The words “just and reasonable” and “as may be essential in the interest of safety in air commerce” are omitted as surplus. The words “without regard to this part and subchapter II of chapter 5 of title 5” are substituted for “without answer or other form of pleading by the interested person or persons, and . . . hearing, or the making or filing of a report” to eliminate unnecessary words. The words “over all others under this chapter” are omitted as surplus.
Amendments
2001—Subsec. (a). Pub. L. 107–71, §140(b)(1), (2), inserted “the Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary or” after “(or” and substituted “, Under Secretary, or Administrator” for “or Administrator” wherever appearing.
Subsec. (b). Pub. L. 107–71, §140(b)(2), substituted “, Under Secretary, or Administrator” for “or Administrator”.
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including the functions of the Secretary of Transportation, and of the Under Secretary of Transportation for Security, relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
§46106. Enforcement by the Department of Transportation
The Secretary of Transportation (or the Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator) may bring a civil action against a person in a district court of the United States to enforce this part or a requirement or regulation prescribed, or an order or any term of a certificate or permit issued, under this part. The action may be brought in the judicial district in which the person does business or the violation occurred.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1229; Pub. L. 107–71, title I, §140(b)(1), (7), Nov. 19, 2001, 115 Stat. 641.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 46106 | 49 App.:1487(a) (related to Secretary and CAB). | Aug. 23, 1958, Pub. L. 85–726, §1007(a) (related to Administrator and CAB), 72 Stat. 796. |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704. | |
| 49 App.:1655(c)(1). | Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444. |
The words “their duly authorized agents” are omitted as surplus. The words “may bring a civil action” are substituted for “may apply” for consistency in the revised title and with other titles of the United States Code and rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). The word “prescribed” is added for consistency in the revised title and with other titles of the Code. The words “condition, or limitation” are omitted as being included in “term”. The text of 49 App.:1487(a) (words after semicolon related to Secretary and CAB) is omitted as surplus because of 28:1651 and rule 81(b) of the Federal Rules of Civil Procedure (28 App. U.S.C.).
Amendments
2001—Pub. L. 107–71, §140(b)(7), substituted “Department of Transportation” for “Secretary of Transportation and Administrator of the Federal Aviation Administration” in section catchline.
Pub. L. 107–71, §140(b)(1), inserted “the Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary or” after “(or”.
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including the functions of the Secretary of Transportation, and of the Under Secretary of Transportation for Security, relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
§46107. Enforcement by the Attorney General
(a)
(b)
(A) to enforce this part or a requirement or regulation prescribed, or an order or any term of a certificate or permit issued, under this part; and
(B) to prosecute a person violating this part or a requirement or regulation prescribed, or an order or any term of a certificate or permit issued, under this part.
(2) The costs and expenses of a civil action shall be paid out of the appropriations for the expenses of the courts of the United States.
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1229; Pub. L. 107–71, title I, §140(b)(1), (2), Nov. 19, 2001, 115 Stat. 641.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 46107(a) | 49 App.:1487(a) (related to Attorney General). | Aug. 23, 1958, Pub. L. 85–726, §1007(a) (related to Attorney General), 72 Stat. 796; Aug. 5, 1974, Pub. L. 93–366, §108, 88 Stat. 414. |
| 46107(b) | 49 App.:1487(b) (related to Secretary and CAB). | Aug. 23, 1958, Pub. L. 85–726, §§1007(b) (related to Administrator and CAB), 1008 (related to Administrator and CAB), 72 Stat. 796. |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704. | |
| 49 App.:1655(c)(1). | Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444. | |
| 46107(c) | 49 App.:1488 (related to Secretary and CAB). | |
| 49 App.:1551(b)(1)(E). | ||
| 49 App.:1655(c)(1). |
In subsection (a), the words “may bring a civil action” are substituted for “may apply” for consistency in the revised title and with other titles of the United States Code and rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). The text of 49 App.:1487(a) (words after semicolon related to Attorney General) is omitted as surplus because of 28:1651 and rule 81(b) of the Federal Rules of Civil Procedure.
In subsection (b)(1), before clause (A), the words “Attorney General” are substituted for “any district attorney of the United States to whom the Board or Secretary of Transportation may apply”, and the words “under the direction of the Attorney General” are omitted, because of 28:503 and 509. The words “bring a civil action” are substituted for “institute . . . and to prosecute . . . all necessary proceedings” for consistency in the revised title and with other titles of the Code and rule 2 of the Federal Rules of Civil Procedure. In clauses (A) and (B), the words “prescribed” and “issued” are added for consistency in the revised title and with other titles of the Code. The words “condition, or limitation” are omitted as being included in “term”.
In subsection (b)(2), the words “civil action” are substituted for “prosecutions” for consistency in the revised title and with other titles of the Code.
In subsection (c), the words “civil action” are substituted for “proceeding in court” for consistency in the revised title and with other titles of the Code and rule 2 of the Federal Rules of Civil Procedure.
Amendments
2001—Subsec. (b)(1). Pub. L. 107–71, §140(b)(1), in introductory provisions, inserted “the Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary or” after “(or”.
Subsec. (c). Pub. L. 107–71, §140(b)(2), substituted “, Under Secretary, or Administrator” for “or Administrator” in heading and text.
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including the functions of the Secretary of Transportation, and of the Under Secretary of Transportation for Security, relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
§46108. Enforcement of certificate requirements by interested persons
An interested person may bring a civil action in a district court of the United States against a person to enforce section 41101(a)(1) of this title. The action may be brought in the judicial district in which the defendant does business or the violation occurred.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1229.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 46108 | 49 App.:1487(a) (related to party in interest). | Aug. 23, 1958, Pub. L. 85–726, §1007(a) (related to party in interest), 72 Stat. 796. |
The words “interested person” are substituted for “party in interest” for consistency. The words “may bring a civil action” are substituted for “may apply” for consistency in the revised title and with other titles of the United States Code and rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). The text of 49 App.:1487(a) (words after semicolon related to party in interest) is omitted as surplus because of 28:1651 and rule 81(b) of the Federal Rules of Civil Procedure.
§46109. Joinder and intervention
A person interested in or affected by a matter under consideration in a proceeding before the Secretary of Transportation or civil action to enforce this part or a requirement or regulation prescribed, or an order or any term of a certificate or permit issued, under this part may be joined as a party or permitted to intervene in the proceeding or civil action.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1230.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 46109 | 49 App.:1489. | Aug. 23, 1958, Pub. L. 85–726, §1009, 72 Stat. 796. |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704. |
The words “proceeding . . . or civil action” are substituted for “proceeding . . . whether such proceedings be instituted . . . or be begun originally in any court of the United States” for consistency in the revised title and with other titles of the United States Code and rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). The words “prescribed . . . issued” are added for consistency in the revised title and with other titles of the Code. The words “condition, or limitation” are omitted as being included in “term”. The words “may be joined as a party or permitted to intervene” are substituted for “it shall be lawful to include as parties, or to permit the intervention of” for clarity. The text of 49 App.:1489 (words after semicolon) is omitted as surplus.
§46110. Judicial review
(a)
(b)
(c)
(d)
(e)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1230; Pub. L. 107–71, title I, §140(b)(1), (2), Nov. 19, 2001, 115 Stat. 641; Pub. L. 108–176, title II, §228, Dec. 12, 2003, 117 Stat. 2532.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 46110(a) | 49 App.:1486(a), (b) (as 1486(a), (b) relates to Secretary and CAB). | Aug. 23, 1958, Pub. L. 85–726, §1006(a), (b), (e), (f) (as §1006(a), (b), (e), (f) relates to Administrator and CAB), 72 Stat. 795. |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704. | |
| 49 App.:1655(c)(1). | Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444. | |
| 46110(b) | 49 App.:1486(c) (related to Secretary and CAB). | Aug. 23, 1958, Pub. L. 85–726, §1006(c) (related to Administrator and CAB), 72 Stat. 795; restated June 29, 1960, Pub. L. 86–546, §1, 74 Stat. 255. |
| 49 App.:1551(b)(1)(E). | ||
| 49 App.:1655(c)(1). | ||
| 46110(c) | 49 App.:1486(d) (related to Secretary and CAB). | Aug. 23, 1958, Pub. L. 85–726, §1006(d) (related to Administrator and CAB), 72 Stat. 795; restated Sept. 13, 1961, Pub. L. 87–225, §2, 75 Stat. 497. |
| 49 App.:1486(e) (1st sentence related to Secretary and CAB). | ||
| 49 App.:1551(b)(1)(E). | ||
| 49 App.:1655(c)(1). | ||
| 46110(d) | 49 App.:1486(e) (last sentence) (related to Secretary and CAB). | |
| 49 App.:1551(b)(1)(E). | ||
| 49 App.:1655(c)(1). | ||
| 46110(e) | 49 App.:1486(f) (related to Secretary and CAB). | |
| 49 App.:1551(b)(1)(E). | ||
| 49 App.:1655(c)(1). |
In subsections (a)–(d), the word “Administrator” in section 1006 of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 795) is retained on authority of 49:106(g).
In subsection (a), the words “affirmative or negative” are omitted as surplus. The words “is issued” are substituted for “the entry of” for consistency in the revised title and with other titles of the United States Code.
In subsection (b), the words “if any” are omitted as surplus. The words “of any proceeding” are added for clarity. The words “complained of” are omitted as surplus.
In subsection (c), the word “amend” is added for consistency in the revised title. The word “interim” is substituted for “interlocutory” for clarity. The words “taking other appropriate action” are substituted for “by such mandatory or other relief as may be appropriate” for clarity and to eliminate unnecessary words.
In subsection (d), the words “made in the proceeding conducted by” are substituted for “urged before” for clarity.
Amendments
2003—Subsec. (a). Pub. L. 108–176, in first sentence, struck out “safety” before “duties and powers designated to be carried out by the Administrator)” and substituted “in whole or in part under this part, part B, or subsection (l) or (s) of section 114” for “under this part”.
2001—Subsec. (a). Pub. L. 107–71, §140(b)(1), inserted “the Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary or” after “(or”.
Subsecs. (b) to (d). Pub. L. 107–71, §140(b)(2), substituted “, Under Secretary, or Administrator” for “or Administrator” wherever appearing.
Effective Date of 2003 Amendment
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including the functions of the Secretary of Transportation, and of the Under Secretary of Transportation for Security, relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
§46111. Certificate actions in response to a security threat
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(1)
(2)
(A)
(B)
(3)
(Added Pub. L. 108–176, title VI, §601(a), Dec. 12, 2003, 117 Stat. 2561.)
References in Text
Section 1(a) of the Classified Information Procedures Act, referred to in subsec. (g)(2)(A), is section 1(a) of Pub. L. 96–456, which is set out in the Appendix to Title 18, Crimes and Criminal Procedure.
Effective Date
Section applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as an Effective Date of 2003 Amendment note under section 106 of this title.
1 So in original. Probably should be “App.)),”.
CHAPTER 463—PENALTIES
Amendments
2003—Pub. L. 108–176, title I, §185(b), Dec. 12, 2003, 117 Stat. 2518, added item 46319.
2000—Pub. L. 106–181, title V, §§509(b), 511(b), Apr. 5, 2000, 114 Stat. 141, 142, added items 46317 and 46318.
§46301. Civil penalties
(a)
(A) chapter 401 (except sections 40103(a) and (d), 40105, 40116, and 40117), chapter 411, chapter 413 (except sections 41307 and 41310(b)–(f)), chapter 415 (except sections 41502, 41505, and 41507–41509), chapter 417 (except sections 41703, 41704, 41710, 41713, and 41714), chapter 419, subchapter II or III of chapter 421, chapter 441 (except section 44109), section 44502(b) or (c), chapter 447 (except sections 44717 and 44719–44723), chapter 449 (except sections 44902, 44903(d), 44904, 44907(a)–(d)(1)(A) and (d)(1)(C)–(f), and 44908), section 47107(b) (including any assurance made under such section), or section 47133 of this title;
(B) a regulation prescribed or order issued under any provision to which clause (A) of this paragraph applies;
(C) any term of a certificate or permit issued under section 41102, 41103, or 41302 of this title; or
(D) a regulation of the United States Postal Service under this part.
(2) A separate violation occurs under this subsection for each day the violation (other than a violation of section 41719) continues or, if applicable, for each flight involving the violation (other than a violation of section 41719).
(3)
(4)
(5)
(A) An individual (except an airman serving as an airman) or small business concern is liable to the Government for a civil penalty of not more than $10,000 for violating—
(i) chapter 401 (except sections 40103(a) and (d), 40105, 40106(b), 40116, and 40117), section 44502 (b) or (c), chapter 447 (except sections 44717–44723), or chapter 449 (except sections 44902, 44903(d), 44904, and 44907–44909) of this title; or
(ii) a regulation prescribed or order issued under any provision to which clause (i) applies.
(B) A civil penalty of not more than $10,000 may be imposed for each violation under paragraph (1) committed by an individual or small business concern related to—
(i) the transportation of hazardous material;
(ii) the registration or recordation under chapter 441 of an aircraft not used to provide air transportation;
(iii) a violation of section 44718(d), relating to the limitation on construction or establishment of landfills;
(iv) a violation of section 44725, relating to the safe disposal of life-limited aircraft parts; or
(v) a violation of section 40127 or section 41705, relating to discrimination.
(C) Notwithstanding paragraph (1), the maximum civil penalty for a violation of section 41719 committed by an individual or small business concern shall be $5,000 instead of $1,000.
(D) Notwithstanding paragraph (1), the maximum civil penalty for a violation of section 41712 (including a regulation prescribed or order issued under such section) or any other regulation prescribed by the Secretary by an individual or small business concern that is intended to afford consumer protection to commercial air transportation passengers shall be $2,500 for each violation.
(6)
(b)
(2) An individual violating this subsection is liable to the Government for a civil penalty of not more than $2,000.
(c)
(A) a violation of subsection (b) of this section or chapter 411, chapter 413 (except sections 41307 and 41310(b)–(f)), chapter 415 (except sections 41502, 41505, and 41507–41509), chapter 417 (except sections 41703, 41704, 41710, 41713, and 41714), chapter 419, subchapter II of chapter 421, or section 44909 of this title.
(B) a violation of a regulation prescribed or order issued under any provision to which clause (A) of this paragraph applies.
(C) a violation of any term of a certificate or permit issued under section 41102, 41103, or 41302 of this title.
(D) a violation under subsection (a)(1) of this section related to the transportation of hazardous material.
(2) The Secretary shall give written notice of the finding of a violation and the civil penalty under paragraph (1) of this subsection.
(d)
(A) “flight engineer” means an individual who holds a flight engineer certificate issued under part 63 of title 14, Code of Federal Regulations.
(B) “mechanic” means an individual who holds a mechanic certificate issued under part 65 of title 14, Code of Federal Regulations.
(C) “pilot” means an individual who holds a pilot certificate issued under part 61 of title 14, Code of Federal Regulations.
(D) “repairman” means an individual who holds a repairman certificate issued under part 65 of title 14, Code of Federal Regulations.
(2) The Administrator of the Federal Aviation Administration may impose a civil penalty for a violation of chapter 401 (except sections 40103(a) and (d), 40105, 40106(b), 40116, and 40117), chapter 441 (except section 44109), section 44502(b) or (c), chapter 447 (except sections 44717 and 44719–44723) or section 46301(b), 46302 (for a violation relating to section 46504), 46318, or 47107(b) (as further defined by the Secretary under section 47107(l) and including any assurance made under section 47107(b)) of this title or a regulation prescribed or order issued under any of those provisions. The Secretary of Homeland Security may impose a civil penalty for a violation of chapter 449 (except sections 44902, 44903(d), 44907(a)–(d)(1)(A), 44907(d)(1)(C)–(f), 44908, and 44909), 46302 2 (except for a violation relating to section 46504), 46303,2 or a regulation prescribed or order issued under such chapter 449. The Secretary of Homeland Security or Administrator shall give written notice of the finding of a violation and the penalty.
(3) In a civil action to collect a civil penalty imposed by the Secretary of Homeland Security or Administrator under this subsection, the issues of liability and the amount of the penalty may not be reexamined.
(4) Notwithstanding paragraph (2) of this subsection, the district courts of the United States have exclusive jurisdiction of a civil action involving a penalty the Secretary of Homeland Security or Administrator initiates if—
(A) the amount in controversy is more than—
(i) $50,000 if the violation was committed by any person before the date of enactment of the Vision 100—Century of Aviation Reauthorization Act;
(ii) $400,000 if the violation was committed by a person other than an individual or small business concern on or after that date; or
(iii) $50,000 if the violation was committed by an individual or small business concern on or after that date;
(B) the action is in rem or another action in rem based on the same violation has been brought;
(C) the action involves an aircraft subject to a lien that has been seized by the Government; or
(D) another action has been brought for an injunction based on the same violation.
(5)(A) The Administrator may issue an order imposing a penalty under this subsection against an individual acting as a pilot, flight engineer, mechanic, or repairman only after advising the individual of the charges or any reason the Administrator relied on for the proposed penalty and providing the individual an opportunity to answer the charges and be heard about why the order shall not be issued.
(B) An individual acting as a pilot, flight engineer, mechanic, or repairman may appeal an order imposing a penalty under this subsection to the National Transportation Safety Board. After notice and an opportunity for a hearing on the record, the Board shall affirm, modify, or reverse the order. The Board may modify a civil penalty imposed to a suspension or revocation of a certificate.
(C) When conducting a hearing under this paragraph, the Board is not bound by findings of fact of the Administrator but is bound by all validly adopted interpretations of laws and regulations the Administrator carries out and of written agency policy guidance available to the public related to sanctions to be imposed under this section unless the Board finds an interpretation is arbitrary, capricious, or otherwise not according to law.
(D) When an individual files an appeal with the Board under this paragraph, the order of the Administrator is stayed.
(6) An individual substantially affected by an order of the Board under paragraph (5) of this subsection, or the Administrator when the Administrator decides that an order of the Board under paragraph (5) will have a significant adverse impact on carrying out this part, may obtain judicial review of the order under section 46110 of this title. The Administrator shall be made a party to the judicial review proceedings. Findings of fact of the Board are conclusive if supported by substantial evidence.
(7)(A) The Administrator may impose a penalty on a person (except an individual acting as a pilot, flight engineer, mechanic, or repairman) only after notice and an opportunity for a hearing on the record.
(B) In an appeal from a decision of an administrative law judge as the result of a hearing under subparagraph (A) of this paragraph, the Administrator shall consider only whether—
(i) each finding of fact is supported by a preponderance of reliable, probative, and substantial evidence;
(ii) each conclusion of law is made according to applicable law, precedent, and public policy; and
(iii) the judge committed a prejudicial error that supports the appeal.
(C) Except for good cause, a civil action involving a penalty under this paragraph may not be initiated later than 2 years after the violation occurs.
(D) In the case of a violation of section 47107(b) of this title or any assurance made under such section—
(i) a civil penalty shall not be assessed against an individual;
(ii) a civil penalty may be compromised as provided under subsection (f); and
(iii) judicial review of any order assessing a civil penalty may be obtained only pursuant to section 46110 of this title.
(8) The maximum civil penalty the Under Secretary, Administrator, or Board may impose under this subsection is—
(A) $50,000 if the violation was committed by any person before the date of enactment of the Vision 100—Century of Aviation Reauthorization Act;
(B) $400,000 if the violation was committed by a person other than an individual or small business concern on or after that date; or
(C) $50,000 if the violation was committed by an individual or small business concern on or after that date.
(9) This subsection applies only to a violation occurring after August 25, 1992.
(e)
(1) the nature, circumstances, extent, and gravity of the violation;
(2) with respect to the violator, the degree of culpability, any history of prior violations, the ability to pay, and any effect on the ability to continue doing business; and
(3) other matters that justice requires.
(f)
(i) chapter 401 (except sections 40103(a) and (d), 40105, 40116, and 40117), chapter 441 (except section 44109), section 44502(b) or (c), chapter 447 (except sections 44717 and 44719–44723), or chapter 449 (except sections 44902, 44903(d), 44904, 44907(a)–(d)(1)(A) and (d)(1)(C)–(f), 44908, and 44909) of this title; or
(ii) a regulation prescribed or order issued under any provision to which clause (i) of this subparagraph applies.
(B) The Postal Service may compromise the amount of a civil penalty imposed under subsection (a)(1)(D) of this section.
(2) The Government may deduct the amount of a civil penalty imposed or compromised under this subsection from amounts it owes the person liable for the penalty.
(g)
(h)
(A) a member of the armed forces of the United States.
(B) a civilian employee of the Department of Defense subject to the Uniform Code of Military Justice.
(2) The appropriate military authority is responsible for taking necessary disciplinary action and submitting to the Secretary (or the Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary or the Administrator with respect to aviation safety duties and powers designated to be carried out by the Administrator) a timely report on action taken.
(i)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1231; Pub. L. 103–305, title I, §112(c), title II, §207(c), Aug. 23, 1994, 108 Stat. 1575, 1588; Pub. L. 103–429, §6(60), Oct. 31, 1994, 108 Stat. 4385; Pub. L. 104–264, title V, §502(c), title VIII, §804(b), title XII, §1220(b), Oct. 9, 1996, 110 Stat. 3263, 3271, 3286; Pub. L. 104–287, §5(77), Oct. 11, 1996, 110 Stat. 3396; Pub. L. 105–102, §3(c)(4), Nov. 20, 1997, 111 Stat. 2215; Pub. L. 106–181, title II, §222, title V, §§503(c), 504(b), 519(c), title VII, §§707(b), 720, Apr. 5, 2000, 114 Stat. 102, 133, 134, 149, 158, 163; Pub. L. 106–424, §15, Nov. 1, 2000, 114 Stat. 1888; Pub. L. 107–71, title I, §140(d)(1)–(4), Nov. 19, 2001, 115 Stat. 642; Pub. L. 107–296, title XVI, §1602, Nov. 25, 2002, 116 Stat. 2312; Pub. L. 108–176, title V, §503(a)–(c), Dec. 12, 2003, 117 Stat. 2557, 2558; Pub. L. 108–458, title IV, §4027(a), Dec. 17, 2004, 118 Stat. 3727; Pub. L. 110–53, title XIII, §1302(b), Aug. 3, 2007, 121 Stat. 392; Pub. L. 110–161, div. E, title V, §542, Dec. 26, 2007, 121 Stat. 2079.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 46301(a) | 49 App.:1303 (note). | Nov. 18, 1988, Pub. L. 100–690, §7214, 102 Stat. 4434. |
| 49 App.:1405 (last sentence). | Aug. 23, 1958, Pub. L. 85–726, §505 (last sentence), 72 Stat. 774. | |
| 49 App.:1471(a)(1) (1st, 2d sentences less subchapter VII). | Aug. 23, 1958, Pub. L. 85–726, §901(a)(1) (less title VII), 72 Stat. 783; restated July 10, 1962, Pub. L. 87–528, §12, 76 Stat. 149; Aug. 5, 1974, Pub. L. 93–366, §107, 88 Stat. 414; Jan. 3, 1975, Pub. L. 93–633, §113(b), 88 Stat. 2162; Oct. 24, 1978, Pub. L. 95–504, §35(a), 92 Stat. 1740; Aug. 8, 1985, Pub. L. 99–83, §551(b)(2), 99 Stat. 225; Dec. 30, 1987, Pub. L. 100–223, §204(a)– (c), 101 Stat. 1519; Nov. 18, 1988, Pub. L. 100–690, §7208(a), 102 Stat. 4429. | |
| 49 App.:1655(c)(1). | Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444. | |
| 46301(b) | 49 App.:1374(d)(2). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §404(d)(2); added Dec. 22, 1987, Pub. L. 100–202, §328(a), 101 Stat. 1329–383. |
| 46301(c) | 49 App.:1471(a)(1) (3d, 5th sentences less subchapter VII). | |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704. | |
| 46301(d)(1) | 49 App.:1471(a)(3)(H). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §901(a)(3) (less (D)(v) (related to Administrator under title VII)); added Nov. 18, 1988, Pub. L. 100–690, §7208(b), 102 Stat. 4429; restated Aug. 26, 1992, Pub. L. 102–345, §2(a), 106 Stat. 923; Oct. 31, 1992, Pub. L. 102–581, §208, 106 Stat. 4895. |
| 46301(d)(2) | 49 App.:1303 (note). | Nov. 18, 1988, Pub. L. 100–690, §7214, 102 Stat. 4434. |
| 49 App.:1471(a)(3)(A). | ||
| 46301(d)(3) | 49 App.:1471(a)(3)(B). | |
| 46301(d)(4) | 49 App.:1471(a)(3)(C). | |
| 46301(d)(5) | 49 App.:1471(a) (3)(D)(i)–(iv). | |
| 46301(d)(6) | 49 App.:1471(a) (3)(D)(v) (less Administrator under subch. VII). | |
| 46301(d)(7) | 49 App.:1471(a)(3)(E). | |
| 46301(d)(8) | 49 App.:1471(a)(3)(G). | |
| 46301(d)(9) | 49 App.:1471(a)(3)(F). | |
| 46301(e) | 49 App.:1471(a)(1) (4th sentence less subchapter VII). | |
| 46301(f) | 49 App.:1471(a)(2) (related to subchapter III, V, VI, or XII, §1501, 1514, or 1515(e)(2)(B), and Postal Service). | Aug. 23, 1958, Pub. L. 85–726, §901(a)(2) (related to title III, V, VI, or XII, §1101, 1114, or 1115(e)(2)(B), and Postmaster General), 72 Stat. 784; July 10, 1962, Pub. L. 87–528, §12, 76 Stat. 150; restated Oct. 24, 1978, Pub. L. 95–504, §35(b), 92 Stat. 1740; Dec. 30, 1987, Pub. L. 100–223, §204(d), 101 Stat. 1519. |
| 49 App.:1551(b)(1)(E). | ||
| 46301(g) | 49 App.:1471(a)(1) (6th sentence less subchapter VII). | |
| 49 App.:1551(b)(1)(E). | ||
| 46301(h) | 49 App.:1471(a)(1) (last sentence less subchapter VII). | |
| 49 App.:1551(b)(1)(E). |
In this section, the word “prescribed” is added for consistency in the revised title and with other titles of the United States Code. The words “United States Postal Service” and “Postal Service” are substituted for “Postmaster General” because of section 4(a) of the Postal Reorganization Act (Public Law 91–375, 84 Stat. 773).
In subsections (a)(1)(C) and (c), the words “condition, or limitation” are omitted as surplus.
In subsection (a)(2), before clause (A), the words “occurring after December 30, 1987” are omitted as obsolete.
In subsection (b)(1), the word “providing” is substituted for “engaged in” for consistency in the revised title.
In subsection (b)(2), the words “in accordance with section 1471 of this Appendix” are omitted as surplus.
In subsection (c)(1), before clause (A), the words “or his delegate” are omitted because of 49:322(b). The word “impose” is substituted for “assessed” for consistency. The words “amount of any such” are omitted as surplus.
In subsection (d), the word “impose” is substituted for “assess” for consistency.
In subsection (d)(1), before clause (A), the words “the following definitions apply” are omitted as surplus.
In subsection (d)(2), the text of section 7214 of the Anti-Drug Abuse Act of 1988 (Public Law 100–690, 102 Stat 4434) is omitted as obsolete. The words “or the delegate of the Administrator” are omitted because of 49:322(b).
In subsection (d)(4)(C), the word “or” is substituted for “and” for clarity.
In subsection (d)(5)(B) and (7)(A), the words “in accordance with section 554 of title 5” are omitted for consistency in the revised title and because 5:554 applies to a hearing on the record unless otherwise stated.
In subsection (d)(5)(B), the words “consistent with this subsection” are omitted as surplus.
In subsection (d)(5)(C), the word “Administrator” is substituted for “Federal Aviation Administration” because of 49:106(b) and (g).
In subsection (d)(7)(B), before clause (i), the words “as the result of a hearing under subparagraph (A) of this paragraph” are added for clarity.
In subsection (e), before clause (1), the words “civil penalty under subsection (a)(3) of this section related to transportation of hazardous material” are substituted for “such penalty” for clarity. In clause (1), the word “committed” is omitted as surplus.
In subsection (f)(2), the word “imposed” is substituted for “when finally determined or fixed by order of the Board” for consistency. The words “agreed upon” are omitted as surplus.
In subsection (g), the word “imposing” is substituted for “assessing” for consistency.
In subsection (h)(2), the words “with respect thereto” are omitted as surplus. The word “Administrator” in section 901(a)(1) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 783) is retained on authority of 49:106(g).
Pub. L. 103–429
This amends 49:46301(a)(1)(A) and (2)(A), (c)(1)(A), (d)(2), and (f)(1)(A)(i) to correct erroneous cross-references.
Pub. L. 104–287, §5(77)(A) and (B)
These amend 49:46301(a)(1)(A) and (2)(A) to correct errors in the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1231), to include in the cross-reference sections enacted after the cutoff date for the codification of title 49 as enacted by section 1 of the Act (Public Law 103–272, 108 Stat. 745), and to make it easier to include future sections in the cross-reference by restating it in terms of chapters.
Pub. L. 104–287, §5(77)(C)
This makes a conforming amendment to 49:46301(a)(3).
Pub. L. 104–287, §5(77)(D)–(F)
These amend 49:46301(c)(1)(A), (d)(2), and (f)(1)(A)(i) to correct errors in the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1231), to include in the cross-reference sections enacted after the cutoff date for the codification of title 49 as enacted by section 1 of the Act (Public Law 103–272, 108 Stat. 745), and to make it easier to include future sections in the cross-reference by restating it in terms of chapters.
References in Text
The date of enactment of this paragraph, referred to in subsec. (a)(6), is the date of enactment of Pub. L. 110–161, which was approved Dec. 26, 2007.
The date of enactment of the Vision 100—Century of Aviation Reauthorization Act, referred to in subsec. (d)(4)(A), (8), is the date of enactment of Pub. L. 108–176, which was approved Dec. 12, 2003.
Amendments
2007—Subsec. (a)(4). Pub. L. 110–53 struck out “or another requirement under this title administered by the Under Secretary of Transportation for Security” after “chapter 449”.
Subsec. (a)(6). Pub. L. 110–161 added par. (6).
2004—Subsec. (d)(2). Pub. L. 108–458, §4027(a)(1)–(3), substituted “46302 (for a violation relating to section 46504),” for “46302, 46303,”, “The Secretary of Homeland Security may” for “The Under Secretary of Transportation for Security may”, “44909), 46302 (except for a violation relating to section 46504), 46303,” for “44909)”, and “The Secretary of Homeland Security or” for “The Under Secretary or”.
Subsec. (d)(3). Pub. L. 108–458, §4027(a)(3), substituted “Secretary of Homeland Security or” for “Under Secretary or”.
Subsec. (d)(4). Pub. L. 108–458, §4027(a)(3), substituted “Secretary of Homeland Security or” for “Under Secretary or” in introductory provisions.
Subsec. (d)(4)(A). Pub. L. 108–458, §4027(a)(4), realigned margins.
2003—Subsec. (a)(1). Pub. L. 108–176, §503(a)(1), substituted “$25,000 (or $1,100 if the person is an individual or small business concern)” for “$1,000” in introductory provisions.
Subsec. (a)(1)(A). Pub. L. 108–176, §503(a)(2), (3), struck out “or” before “section 47107(b)” and substituted “section), or section 47133” for “section)”.
Subsec. (a)(2). Pub. L. 108–176, §503(a)(5), substituted “section 41719” for “section 41715” in two places.
Pub. L. 108–176, §503(a)(4), redesignated par. (4) as (2) and struck out former par. (2) which read as follows: “A person operating an aircraft for the transportation of passengers or property for compensation (except an airman serving as an airman) is liable to the Government for a civil penalty of not more than $10,000 for violating—
“(A) chapter 401 (except sections 40103(a) and (d), 40105, 40106(b), 40116, and 40117), section 44502(b) or (c), chapter 447 (except sections 44717–44723), or chapter 449 (except sections 44902, 44903(d), 44904, and 44907–44909) of this title; or
“(B) a regulation prescribed or order issued under any provision to which clause (A) of this paragraph applies.”
Subsec. (a)(3). Pub. L. 108–176, §503(a)(4), redesignated par. (5) as (3) and struck out former par. (3) which read as follows: “A civil penalty of not more than $10,000 may be imposed for each violation under paragraph (1) of this subsection related to
“(A) the transportation of hazardous material;
“(B) the registration or recordation under chapter 441 of this title of an aircraft not used to provide air transportation;
“(C) a violation of section 44718(d), relating to the limitation on construction or establishment of landfills;
“(D) a violation of section 44725, relating to the safe disposal of life-limited aircraft parts; or
“(E) a violation of section 41705, relating to discrimination against handicapped individuals.”
Subsec. (a)(4). Pub. L. 108–176, §503(a)(6), substituted “paragraph (1)” for “paragraphs (1) and (2)”.
Pub. L. 108–176, §503(a)(4), redesignated par. (8) as (4). Former par. (4) redesignated (2).
Subsec. (a)(5). Pub. L. 108–176, §503(a)(7), added par. (5). Former par. (5) redesignated (3).
Subsec. (a)(6). Pub. L. 108–176, §503(a)(4), struck out heading and text of par. (6). Text read as follows: “Notwithstanding paragraph (1), the maximum civil penalty for violating section 41715 shall be $5,000 instead of $1,000.”
Subsec. (a)(7). Pub. L. 108–176, §503(a)(4), struck out heading and text of par. (7). Text read as follows: “Notwithstanding paragraphs (1) and (4), the maximum civil penalty for violating section 40127 or 41712 (including a regulation prescribed or order issued under such section) or any other regulation prescribed by the Secretary that is intended to afford consumer protection to commercial air transportation passengers, shall be $2,500 for each violation.”
Subsec. (a)(8). Pub. L. 108–176, §503(a)(4), redesignated par. (8) as (4).
Subsec. (d)(4)(A). Pub. L. 108–176, §503(b)(1), substituted “more than—” for “more than $50,000;” and added cls. (i) to (iii).
Subsec. (d)(8). Pub. L. 108–176, §503(b)(2), substituted “is—” for “is $50,000.” and added subpars. (A) to (C).
Subsec. (i). Pub. L. 108–176, §503(c), added subsec. (i).
2002—Subsec. (a)(8). Pub. L. 107–296 added par. (8).
2001—Subsec. (d)(2). Pub. L. 107–71, §140(d)(1)(C), inserted “Under Secretary or” before “Administrator shall”.
Pub. L. 107–71, §140(d)(1)(B), inserted after first sentence “The Under Secretary of Transportation for Security may impose a civil penalty for a violation of chapter 449 (except sections 44902, 44903(d), 44907(a)–(d)(1)(A), 44907(d)(1)(C)–(f), 44908, and 44909) or a regulation prescribed or order issued under such chapter 449.”
Pub. L. 107–71, §140(d)(1)(A), which directed amendment of subsec. (d)(2) by striking out “, chapter 449 (except sections 44902, 44903(d), 44907(a)–(d)(1)(A) and (d)(1)(C)–(f), 44908, and 44909),”, was executed by striking out “, chapter 449 (except sections 44902, 44903(d), 44904, 44907(a)–(d)(1)(A) and (d)(1)(C)–(f), 44908, and 44909),” before “or section 46301(b)”, to reflect the probable intent of Congress.
Subsec. (d)(3), (4). Pub. L. 107–71, §140(d)(2), substituted “Under Secretary or Administrator” for “Administrator”.
Subsec. (d)(8). Pub. L. 107–71, §140(d)(3), substituted “Under Secretary, Administrator,” for “Administrator”.
Subsec. (h)(2). Pub. L. 107–71, §140(d)(4), inserted “the Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary or” after “(or”.
2000—Subsec. (a)(1)(A). Pub. L. 106–181, §§519(c), 720(1), substituted “subchapter II or III of chapter 421” for “subchapter II of chapter 421” and struck out “46302, 46303, or” before “47107(b) (including”.
Subsec. (a)(3)(C). Pub. L. 106–181, §503(c), added subpar. (C).
Subsec. (a)(3)(D), (E). Pub. L. 106–181, §§504(b), 707(b), added subpars. (D) and (E).
Subsec. (a)(6). Pub. L. 106–181, §222(b), inserted heading and realigned margins.
Subsec. (a)(7). Pub. L. 106–181, §222(a), added par. (7).
Subsec. (d)(2). Pub. L. 106–424 substituted “46301(b), 46302, 46303, 46318,” for “46302, 46303,”.
Subsec. (d)(7)(A). Pub. L. 106–181, §720(2), substituted “a penalty on a person” for “a penalty on an individual”.
Subsec. (g). Pub. L. 106–181, §720(3), inserted “or the Administrator” after “Secretary”.
1997—Subsecs. (a)(1)(A), (2)(A), (d)(2), (f)(1)(A)(i). Pub. L. 105–102 repealed Pub. L. 104–264, §§502(c), 1220(b). See 1996 Amendment notes below.
1996—Subsec. (a)(1)(A). Pub. L. 104–287, §5(77)(A)(iii), (iv), inserted “or” after “46303,” and struck out “, or 41715” after “under such section)”.
Pub. L. 104–287, §5(77)(A)(ii), substituted “section 44502(b) or (c), chapter 447 (except sections 44717 and 44719–44723), chapter 449 (except sections 44902, 44903(d), 44904, 44907(a)–(d)(1)(A) and (d)(1)(C)–(f), and 44908), or section” for “or any of sections 44701(a) or (b), 44702–44716, 44901, 44903(b) or (c), 44905, 44906, 44907(d)(1)(B), 44909(a), 44912–44915, 44932–44938,”.
Pub. L. 104–287, §5(77)(A)(i), substituted “chapter 413 (except sections 41307 and 41310(b)–(f)), chapter 415 (except sections 41502, 41505, and 41507–41509), chapter 417 (except sections 41703, 41704, 41710, 41713, and 41714),” for “any of sections 41301–41306, 41308–41310(a), 41501, 41503, 41504, 41506, 41510, 41511, 41701, 41702, 41705–41709, 41711, 41712, or 41731–41742,”.
Pub. L. 104–264, §1220(b), which directed amendment of subpar. (A) by inserting “44718(d),” after “44716,”, was repealed by Pub. L. 105–102.
Pub. L. 104–264, §502(c)(1), which directed amendment of subpar. (A) by inserting “44724,” after “44718(d),”, was repealed by Pub. L. 105–102.
Subsec. (a)(2)(A). Pub. L. 104–287, §5(77)(B), substituted “, section 44502(b) or (c), chapter 447 (except sections 44717–44723), or chapter 449 (except sections 44902, 44903(d), 44904, and 44907–44909)” for “or any of sections 44701(a) or (b), 44702–44716, 44901, 44903(b) or (c), 44905, 44906, 44912–44915, or 44932–44938”.
Pub. L. 104–264, §502(c)(2), which directed amendment of subpar. (A) by inserting “44724,” after “44716,”, was repealed by Pub. L. 105–102.
Subsec. (a)(3). Pub. L. 104–287, §5(77)(C), realigned margins of subpars. (A) and (B).
Subsec. (a)(5). Pub. L. 104–264, §804(b), amended par. (5) generally. Prior to amendment, par. (5) read as follows: “In the case of a violation of section 47107(b) of this title, the maximum civil penalty for a continuing violation shall not exceed $50,000.”
Subsec. (c)(1)(A). Pub. L. 104–287, §5(77)(D)(ii), (iii), struck out “or” before “subchapter II” and inserted “, or section 44909” before “of this title”.
Pub. L. 104–287, §5(77)(D)(i), substituted “chapter 413 (except sections 41307 and 41310(b)–(f)), chapter 415 (except sections 41502, 41505, and 41507–41509), chapter 417 (except sections 41703, 41704, 41710, 41713, and 41714),” for “any of sections 41301–41306, 41308–41310(a), 41501, 41503, 41504, 41506, 41510, 41511, 41701, 41702, 41705–41709, 41711, 41712, or 41731–41742,”.
Subsec. (d)(2). Pub. L. 104–287, §5(77)(E), substituted “section 44502(b) or (c), chapter 447 (except sections 44717 and 44719–44723), chapter 449 (except sections 44902, 44903(d), 44904, 44907(a)–(d)(1)(A) and (d)(1)(C)–(f), 44908, and 44909), or section” for “or any of sections 44701(a) or (b), 44702–44716, 44901, 44903(b) or (c), 44905, 44906, 44907(d)(1)(B), 44912–44915, 44932–44938,”.
Pub. L. 104–264, §1220(b), which directed amendment of par. (2) by inserting “44718(d),” after “44716,”, was repealed by Pub. L. 105–102.
Pub. L. 104–264, §502(c)(1), which directed amendment of par. (2) by inserting “44724,” after “44718(d),”, was repealed by Pub. L. 105–102.
Subsec. (f)(1)(A)(i). Pub. L. 104–287, §5(77)(F), substituted “section 44502(b) or (c), chapter 447 (except sections 44717 and 44719–44723), or chapter 449 (except sections 44902, 44903(d), 44904, 44907(a)–(d)(1)(A) and (d)(1)(C)–(f), 44908, and 44909)” for “or any of sections 44701(a) or (b), 44702–44716, 44901, 44903(b) or (c), 44905, 44906, 44907(d)(1)(B), 44912–44915, or 44932–44938”.
Pub. L. 104–264, §1220(b), which directed amendment of cl. (i) by inserting “44718(d),” after “44716,”, was repealed by Pub. L. 105–102.
Pub. L. 104–264, §502(c)(1), which directed amendment of cl. (i) by inserting “44724,” after “44718(d),”, was repealed by Pub. L. 105–102.
1994—Subsec. (a)(1)(A). Pub. L. 103–429, §6(60)(A), substituted “any of sections 41301–41306” for “section 41301–41306” and “any of sections 44701(a)” for “section 44701(a)”.
Pub. L. 103–305, §207(c)(1), inserted “, or 41715” before “of this title”.
Pub. L. 103–305, §112(c)(1)(A), substituted “46303, 47107(b) (including any assurance made under such section)” for “or 46303”.
Subsec. (a)(2)(A). Pub. L. 103–429, §6(60)(B), substituted “any of sections 44701(a)” for “section 44701(a)”.
Subsec. (a)(4). Pub. L. 103–305, §207(c)(2), inserted “(other than a violation of section 41715)” after “the violation” in two places.
Subsec. (a)(5). Pub. L. 103–305, §112(c)(1)(B), added par. (5).
Subsec. (a)(6). Pub. L. 103–305, §207(c)(3), added par. (6).
Subsec. (c)(1)(A). Pub. L. 103–429, §6(60)(C), substituted “any of sections 41301–41306” for “section 41301–41306”.
Subsec. (d)(2). Pub. L. 103–429, §6(60)(B), substituted “any of sections 44701(a)” for “section 44701(a)”.
Pub. L. 103–305, §112(c)(2), substituted “46303, or 47107(b) (as further defined by the Secretary under section 47107(l) and including any assurance made under section 47107(b))” for “or 46303”.
Subsec. (d)(7)(D). Pub. L. 103–305, §112(c)(3), added subpar. (D).
Subsec. (f)(1)(A)(i). Pub. L. 103–429, §6(60)(B), substituted “any of sections 44701(a)” for “section 44701(a)”.
Effective Date of 2003 Amendment
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
Effective Date of 2002 Amendment
Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.
Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
Effective Date of 1997 Amendment
Pub. L. 105–102, §3(c), Nov. 20, 1997, 111 Stat. 2215, provided that the amendment made by section 3(c)(4) is effective Oct. 9, 1996.
Amendment by Pub. L. 105–102 effective as if included in the provisions of the Act to which the amendment relates, see section 3(f) of Pub. L. 105–102, set out as a note under section 106 of this title.
Effective Date of 1996 Amendments
Amendment by Pub. L. 104–287 effective July 5, 1994, see section 8(1) of Pub. L. 104–287, set out as a note under section 5303 of this title.
Amendment by section 502(c) of Pub. L. 104–264 applicable to any air carrier hiring an individual as a pilot whose application was first received by the carrier on or after the 120th day following Oct. 9, 1996, see section 502(d) of Pub. L. 104–264, set out as a note under section 30305 of this title.
Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title.
Effective Date of 1994 Amendments
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
Amendment by section 207(c) of Pub. L. 103–305 effective Feb. 1, 1995, see section 207(d) of Pub. L. 103–305, set out as an Effective Date note under section 41719 of this title.
Savings Provision
Pub. L. 102–345, §2(c), Aug. 26, 1992, 106 Stat. 925, provided that: “Notwithstanding subsections (a) and (b) of this section, sections 901(a)(3) and 905 of the Federal Aviation Act of 1958 [Pub. L. 85–726] as in effect on July 31, 1992, shall continue in effect on and after such date of enactment with respect to violations of the Federal Aviation Act of 1958 occurring before such date of enactment.”
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including the functions of the Secretary of Transportation, and of the Under Secretary of Transportation for Security, relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
1 So in original. Probably should not be capitalized.
2 So in original. Probably should be preceded by “section”.
§46302. False information
(a)
(b)
(2) The Government may deduct the amount of a civil penalty imposed or compromised under this section from amounts it owes the person liable for the penalty.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1234; Pub. L. 108–458, title IV, §4027(b), Dec. 17, 2004, 118 Stat. 3727.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 46302(a) | 49 App.:1471(c). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §901(c); added Oct. 12, 1984, Pub. L. 98–473, §2014(a)(1), 98 Stat. 2189. |
| 46302(b) | 49 App.:1471(a)(2) (related to 1471(c)). | Aug. 23, 1958, Pub. L. 85–726, §901(a)(2) (related to §901(c)), 72 Stat. 784; July 10, 1962, Pub. L. 87–528, §12, 76 Stat. 150; restated Oct. 24, 1978, Pub. L. 95–504, §35(b), 92 Stat. 1740; Oct. 12, 1984, Pub. L. 98–473, §2014(b), 98 Stat. 2189. |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704. |
In subsection (a), the words “gives, or causes to be given” are substituted for “imparts or conveys or causes to be imparted or conveyed” to eliminate unnecessary words. The words “attempt or”, “a crime”, and “which shall be recoverable in a civil action brought in the name of the United States” are omitted as surplus.
In subsection (b)(1), the words “imposed under” are substituted for “provided for in” for consistency.
In subsection (b)(2), the words “imposed or compromised” are substituted for “The amount of such penalty when finally determined or fixed by order of the Board, or the amount agreed upon in compromise” to eliminate unnecessary words.
Amendments
2004—Subsec. (b)(1). Pub. L. 108–458 substituted “Secretary of Homeland Security and, for a violation relating to section 46504, the Secretary of Transportation,” for “Secretary of Transportation”.
§46303. Carrying a weapon
(a)
(b)
(2) The Government may deduct the amount of a civil penalty imposed or compromised under this section from amounts it owes the individual liable for the penalty.
(c)
(1) a law enforcement officer of a State or political subdivision of a State, or an officer or employee of the Government, authorized to carry arms in an official capacity; or
(2) another individual the Administrator of the Federal Aviation Administration or the Secretary of Homeland Security by regulation authorizes to carry arms in an official capacity.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1234; Pub. L. 107–71, title I, §140(d)(5), Nov. 19, 2001, 115 Stat. 642; Pub. L. 108–458, title IV, §4027(c), Dec. 17, 2004, 118 Stat. 3727.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 46303(a) | 49 App.:1471(d) (words after 3d comma). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §901(d); added Oct. 12, 1984, Pub. L. 98–473, §2014(a)(1), 98 Stat. 2189. |
| 46303(b) | 49 App.:1471(a)(2) (related to 1471(d)). | Aug. 23, 1958, Pub. L. 85–726, §901(a)(2) (related to §901(d)), 72 Stat. 784; July 10, 1962, Pub. L. 87–528, §12, 76 Stat. 150; restated Oct. 24, 1978, Pub. L. 95–504, §35(b), 92 Stat. 1740; Oct. 12, 1984, Pub. L. 98–473, §2014(b), 98 Stat. 2189. |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704. | |
| 46303(c) | 49 App.:1471(d) (words before 3d comma). |
In subsection (a), the words “deadly or” and “which shall be recoverable in a civil action brought in the name of the United States” are omitted as surplus.
In subsection (b)(1), the words “imposed under” are substituted for “provided for in” for consistency.
In subsection (b)(2), the words “imposed or compromised” are substituted for “The amount of such penalty when finally determined or fixed by order of the Board, or the amount agreed upon in compromise” to eliminate unnecessary words.
In subsection (c)(1), the words “State or political subdivision of a State” are substituted for “municipal or State government” for consistency in the revised title and with other titles of the United States Code. The words “or required” are omitted as surplus.
Amendments
2004—Subsec. (b)(1). Pub. L. 108–458, §4027(c)(1), substituted “Secretary of Homeland Security” for “Secretary of Transportation”.
Subsec. (c)(2). Pub. L. 108–458, §4027(c)(2), substituted “Secretary of Homeland Security” for “Under Secretary of Transportation for Security”.
2001—Subsec. (c)(2). Pub. L. 107–71 inserted “or the Under Secretary of Transportation for Security” after “Federal Aviation Administration”.
§46304. Liens on aircraft
(a)
(b)
(c)
(1) the civil penalty is paid;
(2) a compromise amount agreed on is paid;
(3) the aircraft is seized under a civil action in rem to enforce the lien;
(4) the Attorney General gives notice that a civil action will not be brought under subsection (b) of this section; or
(5) a bond (in an amount and with a surety the Secretary or Administrator prescribes), conditioned on payment of the penalty or compromise, is deposited with the Secretary or Administrator.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1235; Pub. L. 108–176, title V, §503(d)(2), Dec. 12, 2003, 117 Stat. 2559.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 46304(a) | 49 App.:1471(b). | Aug. 23, 1958, Pub. L. 85–726, §§901(b), 903(b)(2), (3), 72 Stat. 784, 786. |
| 46304(b) | 49 App.:1473(b)(2). | |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704. | |
| 49 App.:1655(c)(1). | Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444. | |
| 46304(c) | 49 App.:1473(b)(3). | |
| 49 App.:1551(b)(1)(E). | ||
| 49 App.:1655(c)(1). |
In this section, the word “civil” is added before “penalty” for consistency in the revised title and with other titles of the United States Code.
In subsections (b) and (c), the word “Administrator” in section 902(b)(2) and (3) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 786) is retained on authority of 49:106(g). The words “Attorney General” are substituted for “United States attorney for the judicial district in which the seizure is made” and “United States attorney” because of 28:503 and 509.
In subsection (b), the words “report on the seizure” are substituted for “report of the cause” for clarity. The words “bring a civil action in rem” are substituted for “institute proceedings” for clarity and consistency in the revised title and with other titles of the Code and the Federal Rules of Civil Procedure (28 App. U.S.C.). The words “that the action will not be brought” are substituted for “of his failure to so act” for clarity.
In subsection (c)(3), the words “under a civil action in rem” are substituted for “in pursuance of process of any court in proceedings in rem” to eliminate unnecessary words and for consistency.
Amendments
2003—Subsec. (a). Pub. L. 108–176 struck out “, (2), or (3)” after “section 46301(a)(1)(A)–(C)”.
Effective Date of 2003 Amendment
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
§46305. Actions to recover civil penalties
A civil penalty under this chapter may be collected by bringing a civil action against the person subject to the penalty, a civil action in rem against an aircraft subject to a lien for a penalty, or both. The action shall conform as nearly as practicable to a civil action in admiralty, regardless of the place an aircraft in a civil action in rem is seized. However, a party may demand a jury trial of an issue of fact in an action involving a civil penalty under this chapter (except a penalty imposed by the Secretary of Transportation that formerly was imposed by the Civil Aeronautics Board) if the value of the matter in controversy is more than $20. Issues of fact tried by a jury may be reexamined only under common law rules.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1235.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 46305 | 49 App.:1473(b)(1). | Aug. 23, 1958, Pub. L. 85–726, §903(b)(1), 72 Stat. 786; Oct. 24, 1978, Pub. L. 95–504, §36, 92 Stat. 1741. |
| 49 App.:1473(b)(4). | Aug. 23, 1958, Pub. L. 85–726, §903(b)(4), 72 Stat. 787. | |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704. |
The text of 49 App.:1473(b)(4) is omitted because of 28:ch. 131. The words “imposed or assessed” are omitted as surplus. The words “bringing a civil action” are substituted for “proceedings in personam”, the words “civil action in rem” are substituted for “proceedings in rem”, and the words “civil action” are substituted for “civil suits”, for consistency in the revised title and with other titles of the United States Code and the Federal Rules of Civil Procedure (28 App. U.S.C.). The words “regardless of the place an aircraft in a civil action in rem is seized” are substituted for 49 App.:1473(b)(1) (last sentence) to eliminate unnecessary words. The word “civil” is added after “involving a” for clarity. The words “(except a penalty imposed by the Secretary of Transportation that formerly was imposed by the Civil Aeronautics Board)” are substituted for “other than those assessed by the Board” because the Civil Aeronautics Board went out of existence and its duties and powers were transferred to the Secretary of Transportation.
§46306. Registration violations involving aircraft not providing air transportation
(a)
(b)
(1) knowingly and willfully forges or alters a certificate authorized to be issued under this part;
(2) knowingly sells, uses, attempts to use, or possesses with the intent to use, such a certificate;
(3) knowingly and willfully displays or causes to be displayed on an aircraft a mark that is false or misleading about the nationality or registration of the aircraft;
(4) obtains a certificate authorized to be issued under this part by knowingly and willfully falsifying or concealing a material fact, making a false, fictitious, or fraudulent statement, or making or using a false document knowing it contains a false, fictitious, or fraudulent statement or entry;
(5) owns an aircraft eligible for registration under section 44102 of this title and knowingly and willfully operates, attempts to operate, or allows another person to operate the aircraft when—
(A) the aircraft is not registered under section 44103 of this title or the certificate of registration is suspended or revoked; or
(B) the owner knows or has reason to know that the other person does not have proper authorization to operate or navigate the aircraft without registration for a period of time after transfer of ownership;
(6) knowingly and willfully operates or attempts to operate an aircraft eligible for registration under section 44102 of this title knowing that—
(A) the aircraft is not registered under section 44103 of this title;
(B) the certificate of registration is suspended or revoked; or
(C) the person does not have proper authorization to operate or navigate the aircraft without registration for a period of time after transfer of ownership;
(7) knowingly and willfully serves or attempts to serve in any capacity as an airman without an airman's certificate authorizing the individual to serve in that capacity;
(8) knowingly and willfully employs for service or uses in any capacity as an airman an individual who does not have an airman's certificate authorizing the individual to serve in that capacity; or
(9) operates an aircraft with a fuel tank or fuel system that has been installed or modified knowing that the tank, system, installation, or modification does not comply with regulations and requirements of the Administrator of the Federal Aviation Administration.
(c)
(2) A person violating subsection (b) of this section shall be fined under title 18, imprisoned for not more than 5 years, or both, if the violation is related to transporting a controlled substance by aircraft or aiding or facilitating a controlled substance violation and the transporting, aiding, or facilitating—
(A) is punishable by death or imprisonment of more than one year under a law of the United States or a State; or
(B) that is provided is related to an act punishable by death or imprisonment for more than one year under a law of the United States or a State related to a controlled substance (except a law related to simple possession of a controlled substance).
(3) A term of imprisonment imposed under paragraph (2) of this subsection shall be served in addition to, and not concurrently with, any other term of imprisonment imposed on the individual.
(d)
(2) An aircraft's use is presumed to have been related to a violation of, or to aid or facilitate a violation of—
(A) subsection (b)(1) of this section if the aircraft certificate of registration has been forged or altered;
(B) subsection (b)(3) of this section if there is an external display of false or misleading registration numbers or country of registration;
(C) subsection (b)(4) of this section if—
(i) the aircraft is registered to a false or fictitious person; or
(ii) the application form used to obtain the aircraft certificate of registration contains a material false statement;
(D) subsection (b)(5) of this section if the aircraft was operated when it was not registered under section 44103 of this title; or
(E) subsection (b)(9) of this section if the aircraft has a fuel tank or fuel system that was installed or altered—
(i) in violation of a regulation or requirement of the Administrator of the Federal Aviation Administration; or
(ii) if a certificate required to be issued for the installation or alteration is not carried on the aircraft.
(3) The Administrator of the Federal Aviation Administration, the Administrator of Drug Enforcement, and the Commissioner shall agree to a memorandum of understanding to establish procedures to carry out this subsection.
(e)
(1) knowingly and willfully forges or alters an aircraft certificate of registration;
(2) knowingly sells, uses, attempts to use, or possesses with the intent to use, a fraudulent aircraft certificate of registration;
(3) knowingly and willfully displays or causes to be displayed on an aircraft a mark that is false or misleading about the nationality or registration of the aircraft; or
(4) obtains an aircraft certificate of registration from the Administrator of the Federal Aviation Administration by—
(A) knowingly and willfully falsifying or concealing a material fact;
(B) making a false, fictitious, or fraudulent statement; or
(C) making or using a false document knowing it contains a false, fictitious, or fraudulent statement or entry.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1235; Pub. L. 104–287, §5(78), Oct. 11, 1996, 110 Stat. 3397.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 46306(a) | 49 App.:1303 (note). | Nov. 18, 1988, Pub. L. 100–690, §7214, 102 Stat. 4434. |
| 46306(b) | 49 App.:1472(b)(1), (2) (1st sentence cl. (A)). | Aug. 23, 1958, Pub. L. 85–726, §902(b)(1)–(4), 72 Stat. 784; Oct. 19, 1984, Pub. L. 98–499, §6, 98 Stat. 2316; restated Nov. 18, 1988, Pub. L. 100–690, §7209(a), 102 Stat. 4429. |
| 46306(c)(1) | 49 App.:1472(b)(4). | |
| 46306(c)(2) | 49 App.:1472(b)(2) (1st sentence cl. (B)). | |
| 46306(c)(3) | 49 App.:1472(b)(2) (last sentence). | |
| 46306(d) | 49 App.:1472(b)(3). | |
| 46306(e) | 49 App.:1472(b)(5). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §902(b)(5); added Oct. 27, 1986, Pub. L. 99–570, §3401(a)(1), 100 Stat. 3207–99; Nov. 18, 1988, Pub. L. 100–690, §7209(a), (b)(1), 102 Stat. 4429, 4432. |
In subsections (b)(9), (d), and (e), the word “Administrator” in section 902(b) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 784) is retained on authority of 49:106(g).
In subsection (b), before clause (1), the words “Except as provided by subsection (c) of this section” are added for clarity. The words “It shall be unlawful for any person” and “upon conviction” are omitted as surplus. The words “fined under title 18” are substituted for “a fine of not more than $15,000” for consistency with title 18. In clause (1), the words “counterfeit” and “falsely make” are omitted as surplus. In clause (4), the words “covering up”, “representation”, and “writing” are omitted as surplus. In clause (7), the word “valid” is omitted as surplus.
In subsection (c)(2), before clause (A), the words “fined under title 18” are substituted for “a fine of not more than $25,000” for consistency with title 18.
In subsection (d)(1) and (3), the words “Administrator of Drug Enforcement” are substituted for “Drug Enforcement Administration of the Department of Justice” and “Drug Enforcement Administration” because of section 5(a) of Reorganization Plan No. 2 of 1973 (eff. July 1, 1973, 87 Stat. 1092). The words “Commissioner of Customs” and “Commissioner” are substituted for “United States Customs Service” because of 19:2071.
In subsection (d)(2)(A), the words “aircraft certificate of registration” are substituted for “registration” for consistency in this section. The words “counterfeited” and “falsely made” are omitted as surplus.
In subsections (d)(2)(C)(ii) and (e), the words “aircraft certificate of registration” are substituted for “aircraft registration certificate” for consistency with 49 App.:1401, restated in chapter 441 of the revised title.
In subsection (e), before clause (1), the words “this subsection or in any other provision of” are omitted as surplus. In clause (1), the words “counterfeits” and “falsely makes” are omitted as surplus. In clause (4)(A), the words “covering up” are omitted as surplus. In clause (4)(B), the words “or representation” are omitted as surplus. In clause (4)(C), the words “writing or” are omitted as surplus.
Pub. L. 104–287
This makes a clarifying amendment to 49:46306(c)(2)(B).
Amendments
1996—Subsec. (c)(2)(B). Pub. L. 104–287 inserted “that is” before “provided”.
Effective Date of 1996 Amendment
Amendment by Pub. L. 104–287 effective July 5, 1994, see section 8(1) of Pub. L. 104–287, set out as a note under section 5303 of this title.
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
§46307. Violation of national defense airspace
A person that knowingly or willfully violates section 40103(b)(3) of this title or a regulation prescribed or order issued under section 40103(b)(3) shall be fined under title 18, imprisoned for not more than one year, or both.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1237.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 46307 | 49 App.:1523. | Aug. 23, 1958, Pub. L. 85–726, §1203, 72 Stat. 800. |
The words “In addition to the penalties otherwise provided for by this chapter” are omitted as surplus. The word “prescribed” is added for consistency in the revised title. The words “fined under title 18” are substituted for “a fine of not exceeding $10,000”, and the words “shall be deemed guilty of a misdemeanor” are omitted, for consistency with title 18. The words “and upon conviction thereof” and “such fine and imprisonment” are omitted as surplus.
§46308. Interference with air navigation
A person shall be fined under title 18, imprisoned for not more than 5 years, or both, if the person—
(1) with intent to interfere with air navigation in the United States, exhibits in the United States a light or signal at a place or in a way likely to be mistaken for a true light or signal established under this part or for a true light or signal used at an air navigation facility;
(2) after a warning from the Administrator of the Federal Aviation Administration, continues to maintain a misleading light or signal; or
(3) knowingly interferes with the operation of a true light or signal.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1238.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 46308 | 49 App.:1472(c). | Aug. 23, 1958, Pub. L. 85–726, §902(c), 72 Stat. 784. |
| 49 App.:1655(c)(1). | Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444. |
In this section, before clause (1), the words “fined under title 18” are substituted for “a fine of not exceeding $5,000” for consistency with title 18. The words “such fine and imprisonment” are omitted as surplus. In clause (1), the words “used at” are substituted for “in connection with” for clarity. The words “airport or other” are omitted as being included in the definition of “air navigation facility” in section 40102(a) of the revised title. In clause (2), the word “due” is omitted as surplus. The word “Administrator” in section 902(c) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 784) is retained on authority of 49:106(g). In clause (3), the words “removes, extinguishes, or” are omitted as surplus.
§46309. Concession and price violations
(a)
(1) knowingly and willfully offers, grants, or gives, or causes to be offered, granted, or given, a rebate or other concession in violation of this part; or
(2) by any means knowingly and willfully assists, or willingly allows, a person to obtain transportation or services subject to this part at less than the price lawfully in effect.
(b)
(1) knowingly and willfully solicits, accepts, or receives a rebate of a part of a price lawfully in effect for the foreign air transportation of property, or a service related to the foreign air transportation; or
(2) knowingly solicits, accepts, or receives a privilege or facility related to a matter the Secretary of Transportation requires be specified in a currently effective tariff applicable to the foreign air transportation of property.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1238.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 46309(a) | 49 App.:1472(d)(1). | Aug. 23, 1958, Pub. L. 85–726, §902(d)(1), 72 Stat. 785; Jan. 3, 1975, Pub L. 93–623, §8(b), 88 Stat. 2105. |
| 46309(b) | 49 App.:1472(d)(2). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §902(d)(2); added Jan. 3, 1975, Pub. L. 93–623, §8(b), 88 Stat. 2106. |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704. |
In this section, the words “fined under title 18” are substituted for “a fine of not less than $100 and not more than $5,000” and “fined not less than $100, nor more than $5,000” for consistency with title 18. The words “for each offense” are omitted as surplus. The words “fares, or charges” are omitted as surplus because of the definition of “rate” in section 40102(a) of the revised title.
In subsection (a), before clause (1), the word “representative” is omitted as surplus. The words “shall be deemed guilty of a misdemeanor” are omitted as superseded by 18:3559. The words “and, upon conviction thereof” are omitted as surplus. In clause (2), the words “device or” and “suffer or” are omitted as surplus.
In subsection (b), before clause (1), the words “by any means” are substituted for “in any manner or by any device” for consistency in this section and to eliminate unnecessary words. In clauses (1) and (2), the word “foreign” is added for clarity because only foreign air transportation has regulated prices. In clause (1), the word “rebate” is substituted for “refund or remittance” for consistency in this section. In clause (2), the word “favor” is omitted as being included in “privilege”.
§46310. Reporting and recordkeeping violations
(a)
(1) failing to make a report or keep a record under this part;
(2) falsifying, mutilating, or altering a report or record under this part; or
(3) filing a false report or record under this part.
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1238; Pub. L. 103–429, §6(56), Oct. 31, 1994, 108 Stat. 4385.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 46310 | 49 App.:1472(e). | Aug. 23, 1958, Pub. L. 85–726, §902(e), 72 Stat. 785; restated Sept. 30, 1987, Pub. L. 100–121, 101 Stat. 792. |
In this section, the word “representative” is omitted as surplus. The words “account” and “memorandum” are omitted as being included in “record”.
In subsection (a), before clause (1), the words “fined under title 18” are substituted for “fined not more than $5,000 in the case of an individual and not more than $10,000 in the case of a person other than an individual” for consistency in this section and with title 18.
In subsection (b), the words “or representation” are omitted a surplus.
Pub. L. 103–429
This amends 49:44711(a)(2)(B), (5), and (7) and 46310(b) to correct erroneous cross-references.
Amendments
1994—Subsec. (b). Pub. L. 103–429 inserted “any of sections” before “44702–44716”.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
§46311. Unlawful disclosure of information
(a)
(1) the Secretary, Under Secretary, Administrator, officer, or employee acquires when inspecting the records of an air carrier; or
(2) is withheld from public disclosure under section 40115 of this title.
(b)
(1) the officer or employee is directed by the Secretary, Under Secretary, or Administrator to disclose information that the Secretary, Under Secretary, or Administrator had ordered withheld; or
(2) the Secretary, Under Secretary, Administrator, officer, or employee is directed by a court of competent jurisdiction to disclose the information.
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1239; Pub. L. 107–71, title I, §140(d)(6), Nov. 19, 2001, 115 Stat. 642.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 46311(a), (b) | 49 App.:1472(f) (words before proviso). | Aug. 23, 1958, Pub. L. 85–726, §902(f), 72 Stat. 785. |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704. | |
| 49 App.:1655(c)(1). | Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444. | |
| 46311(c) | 49 App.:1472(f) (proviso). | |
| 49 App.:1551(b)(1)(E). | ||
| 49 App.:1655(c)(1). |
In this section, the word “Administrator” in section 902(f) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 785) is retained on authority of 49:106(g).
In subsection (a), before clause (1), the words “fined under title 18” are substituted for “a fine of not more than $5,000” for consistency with title 18. The words “upon conviction thereof be subject for each offense” are omitted as surplus. The words “any fact or” are omitted as being included in “information”. In clause (1), the words “the Secretary, Administrator, officer, or employee acquires” are substituted for “may come to his knowledge” for clarity and consistency.
In subsection (b)(2), the words “or a judge thereof” are omitted as surplus.
In subsection (c), the word “duly” is omitted as surplus.
Amendments
2001—Subsec. (a). Pub. L. 107–71, §140(d)(6), in introductory provisions, inserted “the Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary,” after “Transportation,” and “Under Secretary,” after “Secretary,” and substituted “, Under Secretary, or Administrator” for “or Administrator”.
Subsec. (a)(1). Pub. L. 107–71, §140(d)(6)(B) inserted “Under Secretary,” after “Secretary,”.
Subsec. (b)(1). Pub. L. 107–71, §140(d)(6)(C), substituted “, Under Secretary, or Administrator” for “or Administrator” in two places.
Subsec. (b)(2). Pub. L. 107–71, §140(d)(6)(B) inserted “Under Secretary,” after “Secretary,”.
Subsec. (c). Pub. L. 107–71, §140(d)(6)(C), substituted “, Under Secretary, or Administrator” for “or Administrator”.
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including the functions of the Secretary of Transportation, and of the Under Secretary of Transportation for Security, relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
§46312. Transporting hazardous material
(a)
(1) willfully delivers, or causes to be delivered, property containing hazardous material to an air carrier or to an operator of a civil aircraft for transportation in air commerce; or
(2) recklessly causes the transportation in air commerce of the property.
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1239; Pub. L. 106–181, title V, §507, Apr. 5, 2000, 114 Stat. 140; Pub. L. 109–59, title VII, §7128(a), Aug. 10, 2005, 119 Stat. 1909.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 46312 | 49 App.:1472(h)(2). | Aug. 23, 1958, Pub. L. 85–726, §902(h)(2), 72 Stat. 785; restated Jan. 3, 1975, Pub. L. 93–633, §113(c), 88 Stat. 2162. |
In this section, before clause (1), the words “is guilty of an offense”, “Upon conviction”, and “for each offense” are omitted as surplus. The words “fined under title 18” are substituted for “a fine of not more than $25,000” for consistency with title 18. The word “prescribed” is substituted for “issued” for consistency in the revised title and with other titles of the United States Code. In clause (1), the words “shipment, baggage, or other” are omitted as surplus.
Amendments
2005—Subsec. (a). Pub. L. 109–59, §7128(a)(1), substituted “this part or chapter 51—” for “this part—” in introductory provisions.
Subsec. (b). Pub. L. 109–59, §7128(a)(2), inserted “or chapter 51” after “under this part”.
2000—Pub. L. 106–181 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
§46313. Refusing to appear or produce records
A person not obeying a subpena or requirement of the Secretary of Transportation (or the Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator) to appear and testify or produce records shall be fined under title 18, imprisoned for not more than one year, or both.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1239; Pub. L. 107–71, title I, §140(d)(7), Nov. 19, 2001, 115 Stat. 642.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 46313 | 49 App.:1472(g). | Aug. 23, 1958, Pub. L. 85–726, §902(g), 72 Stat. 785. |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704. | |
| 49 App.:1655(c)(1). | Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444. |
The word “Administrator” in section 902(g) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 785) is retained on authority of 49:106(g). The words “not obeying” are substituted for “who shall neglect or refuse . . . or to answer any lawful inquiry . . . in obedience to” to eliminate surplus words. The word “lawful” is omitted as surplus. The word “appear” is substituted for “attend” for clarity. The word “records” is substituted for “books, papers, or documents” for consistency in the revised title and with other titles of the United States Code. The words “if in his power to do so” are omitted as surplus. The words “shall be guilty of a misdemeanor” are omitted for consistency with title 18. The words “and, upon conviction thereof” are omitted as surplus. The words “fined under title 18” are substituted for “a fine of not less than $100 nor more than $5,000” for consistency with title 18.
Amendments
2001—Pub. L. 107–71 inserted “the Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary or” after “(or”.
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including the functions of the Secretary of Transportation, and of the Under Secretary of Transportation for Security, relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
§46314. Entering aircraft or airport area in violation of security requirements
(a)
(b)
(2) A person violating subsection (a) of this section with intent to commit, in the aircraft or airport area, a felony under a law of the United States or a State shall be fined under title 18, imprisoned for not more than 10 years, or both.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1239.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 46314 | 49 App.:1472(r). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §902(r); added Dec. 30, 1987, Pub. L. 100–223, §204(f)(2), 101 Stat. 1520. |
In subsection (b), the words “fined under title 18” are substituted for “a fine not to exceed $1,000” and “a fine not to exceed $10,000” for consistency with title 18.
In subsection (b)(1), the words “Upon conviction” are omitted as surplus.
In subsection (b)(2), the words “airport area” are substituted for “secured area” for consistency in this section.
§46315. Lighting violations involving transporting controlled substances by aircraft not providing air transportation
(a)
(b)
(1) the person knowingly and willfully operates an aircraft in violation of a regulation or requirement of the Administrator of the Federal Aviation Administration related to the display of navigation or anticollision lights;
(2) the person is knowingly transporting a controlled substance by aircraft or aiding or facilitating a controlled substance offense; and
(3) the transporting, aiding, or facilitating—
(A) is punishable by death or imprisonment for more than one year under a law of the United States or a State; or
(B) is provided in connection with an act punishable by death or imprisonment for more than one year under a law of the United States or a State related to a controlled substance (except a law related to simple possession of a controlled substance).
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1240.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 46315(a) | 49 App.:1303 (note). | Nov. 18, 1988, Pub. L. 100–690, §7214, 102 Stat. 4434. |
| 46315(b) | 49 App.:1472(q). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §902(q); added Oct. 19, 1984, Pub. L. 98–499, §5(a), 98 Stat. 2315; restated Oct. 27, 1986, Pub. L. 99–570, §3401(b)(1), 100 Stat. 3207–100; Nov. 18, 1988, Pub. L. 100–690, §7209(c)(1), (2)(A), 102 Stat. 4432. |
In subsection (b), before clause (1), the words “fined under title 18” are substituted for “a fine not exceeding $25,000” for consistency with title 18. In clause (2), the word “knowingly” is substituted for “and with knowledge of such act” to eliminate unnecessary words.
§46316. General criminal penalty when specific penalty not provided
(a)
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1240; Pub. L. 104–287, §5(79), Oct. 11, 1996, 110 Stat. 3397; Pub. L. 105–102, §3(d)(1)(D), Nov. 20, 1997, 111 Stat. 2215; Pub. L. 107–71, title I, §140(d)(7), Nov. 19, 2001, 115 Stat. 642.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 46316 | 49 App.:1472(a). | Aug. 23, 1958, Pub. L. 85–726, §902(a), 72 Stat. 784; restated July 10, 1962, Pub. L. 87–528, §13, 76 Stat. 150. |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704. | |
| 49 App.:1655(c)(1). | Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444. |
In subsection (a), the word “prescribed” is added for consistency in the revised title. The words “condition, or limitation of” are omitted as surplus. The word “Administrator” in section 902(a) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 784) is retained on authority of 49:106(g). The words “or in section 1474 of this Appendix” are omitted as surplus because 49 App.:1474 is not included in the revised title. The words “shall be deemed guilty of a misdemeanor” are omitted for consistency with title 18. The words “and upon conviction thereof” are omitted as surplus. The words “shall be fined under title 18” are substituted for “shall be subject for the first offense to a fine of not more than $500, and for any subsequent offense to a fine of not more than $2,000” for consistency with title 18.
In subsection (b), reference to 49 App.:ch. 20, subch. VII is omitted as unnecessary because subchapter VII is not restated in this part.
Pub. L. 104–287
This amends 49:46316(b) to make it easier to include future sections in the cross-reference by restating it in terms of chapters.
Amendments
2001—Subsec. (a). Pub. L. 107–71 inserted “the Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary or” after “(or”.
1997—Subsec. (b). Pub. L. 105–102 amended directory language of Pub. L. 104–287. See 1996 Amendment note below.
1996—Subsec. (b). Pub. L. 104–287, as amended by Pub. L. 105–102, substituted “chapter 447 (except section 44718(a)), and chapter 449 (except sections 44902, 44903(d), 44904, and 44907–44909)” for “and sections 44701(a) and (b), 44702–44716, 44901, 44903(b) and (c), 44905, 44906, 44912–44915, and 44932–44938”.
Effective Date of 1997 Amendment
Pub. L. 105–102, §3(d), Nov. 20, 1997, 111 Stat. 2215, provided that the amendment made by section 3(d)(1)(D) is effective Oct. 11, 1996.
Amendment by Pub. L. 105–102 effective as if included in the provisions of the Act to which the amendment relates, see section 3(f) of Pub. L. 105–102, set out as a note under section 106 of this title.
Effective Date of 1996 Amendment
Amendment by Pub. L. 104–287 effective July 5, 1994, see section 8(1) of Pub. L. 104–287, set out as a note under section 5303 of this title.
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including the functions of the Secretary of Transportation, and of the Under Secretary of Transportation for Security, relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
§46317. Criminal penalty for pilots operating in air transportation without an airman's certificate
(a)
(1) knowingly and willfully serves or attempts to serve in any capacity as an airman operating an aircraft in air transportation without an airman's certificate authorizing the individual to serve in that capacity; or
(2) knowingly and willfully employs for service or uses in any capacity as an airman to operate an aircraft in air transportation an individual who does not have an airman's certificate authorizing the individual to serve in that capacity.
(b)
(1)
(2)
(A) is punishable by death or imprisonment of more than 1 year under a Federal or State law; or
(B) is related to an act punishable by death or imprisonment for more than 1 year under a Federal or State law related to a controlled substance (except a law related to simple possession (as that term is used in section 46306(c)) of a controlled substance).
(3)
(Added Pub. L. 106–181, title V, §509(a), Apr. 5, 2000, 114 Stat. 141.)
Effective Date
Section applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as an Effective Date of 2000 Amendments note under section 106 of this title.
§46318. Interference with cabin or flight crew
(a)
(b)
(1)
(2)
(Added Pub. L. 106–181, title V, §511(a), Apr. 5, 2000, 114 Stat. 142.)
Effective Date
Section applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as an Effective Date of 2000 Amendments note under section 106 of this title.
§46319. Permanent closure of an airport without providing sufficient notice
(a)
(b)
(c)
(Added Pub. L. 108–176, title I, §185(a), Dec. 12, 2003, 117 Stat. 2517.)
Effective Date
Section applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as an Effective Date of 2003 Amendment note under section 106 of this title.
CHAPTER 465—SPECIAL AIRCRAFT JURISDICTION OF THE UNITED STATES
Amendments
2001—Pub. L. 107–71, title I, §114(b), Nov. 19, 2001, 115 Stat. 623, added item 46503 “Interference with security screening personnel”.
1994—Pub. L. 103–322, title VI, §60003(b)(1), Sept. 13, 1994, 108 Stat. 1970, substituted “Repealed” for “Death penalty sentencing procedure for aircraft piracy” in item 46503.
1 So in original. This item probably should not appear.
§46501. Definitions
In this chapter—
(1) “aircraft in flight” means an aircraft from the moment all external doors are closed following boarding—
(A) through the moment when one external door is opened to allow passengers to leave the aircraft; or
(B) until, if a forced landing, competent authorities take over responsibility for the aircraft and individuals and property on the aircraft.
(2) “special aircraft jurisdiction of the United States” includes any of the following aircraft in flight:
(A) a civil aircraft of the United States.
(B) an aircraft of the armed forces of the United States.
(C) another aircraft in the United States.
(D) another aircraft outside the United States—
(i) that has its next scheduled destination or last place of departure in the United States, if the aircraft next lands in the United States;
(ii) on which an individual commits an offense (as defined in the Convention for the Suppression of Unlawful Seizure of Aircraft) if the aircraft lands in the United States with the individual still on the aircraft; or
(iii) against which an individual commits an offense (as defined in subsection (d) or (e) of article I, section I of the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation) if the aircraft lands in the United States with the individual still on the aircraft.
(E) any other aircraft leased without crew to a lessee whose principal place of business is in the United States or, if the lessee does not have a principal place of business, whose permanent residence is in the United States.
(3) an individual commits an offense (as defined in the Convention for the Suppression of Unlawful Seizure of Aircraft) when the individual, when on an aircraft in flight—
(A) by any form of intimidation, unlawfully seizes, exercises control of, or attempts to seize or exercise control of, the aircraft; or
(B) is an accomplice of an individual referred to in subclause (A) of this clause.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1240.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 46501(1) | 49 App.:1301(38) (words after 10th comma). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §101(38); added Oct. 14, 1970, Pub. L. 91–449, §1(1), 84 Stat. 921; restated Aug. 5, 1974, Pub. L. 93–366, §§102, 206, 88 Stat. 409, 419; Nov. 9, 1977, Pub. L. 95–163, §17(b)(1), 91 Stat. 1286; Oct. 24, 1978, Pub. L. 95–504, §2(b), 92 Stat. 1705; Oct. 12, 1984, Pub. L. 98–473, §2013(c), 98 Stat. 2189. |
| 49 App.:1472(n)(4). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §902(n)(2), (4); added Aug. 5, 1974, Pub. L. 93–366, §103(b), 88 Stat. 410, 411. | |
| 46501(2) | 49 App.:1301(38) (words before 10th comma). | |
| 46501(3) | 49 App.:1472(n)(2). |
In clause (2), before subclause (A), the words “any of the following” are substituted for “includes” for clarity. In subclause (B), the words “armed forces” are substituted for “national defense forces” because of 10:101. In subclause (D)(i), the word “place” is substituted for “point” for consistency in the revised title. The word “actually” is omitted as surplus. In subclause (D)(ii), the words “on which an individual commits” are substituted for “having . . . committed aboard” for clarity. In subclause (D)(iii), the words “against which an individual commits” are substituted for “regarding which an offense . . . is committed” for clarity. The words “(Montreal, September 23, 1971)” are omitted as surplus. In subclause (E), the words “the lessee does not have a principal place of business” are substituted for “none” for clarity.
In clause (3), the words “by force or threat thereof, or . . . other” are omitted as surplus.
§46502. Aircraft piracy
(a)
(A) “aircraft piracy” means seizing or exercising control of an aircraft in the special aircraft jurisdiction of the United States by force, violence, threat of force or violence, or any form of intimidation, and with wrongful intent.
(B) an attempt to commit aircraft piracy is in the special aircraft jurisdiction of the United States although the aircraft is not in flight at the time of the attempt if the aircraft would have been in the special aircraft jurisdiction of the United States had the aircraft piracy been completed.
(2) An individual committing or attempting or conspiring to commit aircraft piracy—
(A) shall be imprisoned for at least 20 years; or
(B) notwithstanding section 3559(b) of title 18, if the death of another individual results from the commission or attempt, shall be put to death or imprisoned for life.
(b)
(A) shall be imprisoned for at least 20 years; or
(B) notwithstanding section 3559(b) of title 18, if the death of another individual results from the commission or attempt, shall be put to death or imprisoned for life.
(2) There is jurisdiction over the offense in paragraph (1) if—
(A) a national of the United States was aboard the aircraft;
(B) an offender is a national of the United States; or
(C) an offender is afterwards found in the United States.
(3) For purposes of this subsection, the term “national of the United States” has the meaning prescribed in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1241; Pub. L. 103–429, §6(61), Oct. 31, 1994, 108 Stat. 4385; Pub. L. 104–132, title VII, §§721(a), 723(b), Apr. 24, 1996, 110 Stat. 1298, 1300.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 46502(a)(1) | 49 App.:1472(i)(2), (3). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §902(i); added Sept. 5, 1961, Pub. L. 87–197, §1, 75 Stat. 466; Oct. 14, 1970, Pub. L. 91–449, §1(3), 84 Stat. 921; Aug. 5, 1974, Pub. L. 93–366, §§103(a), 104, 88 Stat. 410, 411. |
| 46502(a)(2) | 49 App.:1472(i)(1). | |
| 46502(b)(1) | 49 App.:1472(n)(1). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §902(n)(1), (3); added Aug. 5, 1974, Pub. L. 93–366, §103(b), 88 Stat. 410. |
| 46502(b)(2) | 49 App.:1472(n)(3). |
In subsection (a)(1)(B), the words “offense of” are omitted as surplus.
In subsection (a)(2), the words “as herein defined” are omitted as surplus.
In subsection (b)(2), the words “the place of actual” are omitted as surplus. The words “as defined in paragraph (2) of this subsection” are omitted because of the restatement. The word “country” is substituted for “State” for consistency in the revised title and with other titles of the United States Code.
Pub. L. 103–429
This amends 49:46502(a)(2)(B) and (b)(1)(B) to clarify the restatement of 49 App.:1472(i)(1)(B) and (n)(1)(B) by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1241, 1242).
Amendments
1996—Subsec. (a)(2). Pub. L. 104–132, §723(b)(1), inserted “or conspiring” after “attempting”.
Subsec. (b)(1). Pub. L. 104–132, §§721(a)(1), 723(b)(2), in introductory provisions, inserted “or conspiring to commit” after “committing” and struck out “and later found in the United States” after “jurisdiction of the United States”.
Subsec. (b)(2). Pub. L. 104–132, §721(a)(2), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “This subsection applies only if the place of takeoff or landing of the aircraft on which the individual commits the offense is located outside the territory of the country of registration of the aircraft.”
Subsec. (b)(3). Pub. L. 104–132, §721(a)(3), added par. (3).
1994—Subsecs. (a)(2)(B), (b)(1)(B). Pub. L. 103–429 inserted “notwithstanding section 3559(b) of title 18,” before “if the death”.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
Death Penalty Procedures for Certain Air Piracy Cases Occurring Before Enactment of the Federal Death Penalty Act of 1994
Pub. L. 109–177, title II, §211, Mar. 9, 2006, 120 Stat. 230, provided that:
“(a)
“ ‘(c) [Omitted, see below.]’.
“(b)
Pub. L. 103–322, title VI, §60003(c), as added by Pub. L. 109–177, title II, §211(a), Mar. 9, 2006, 120 Stat. 230, provided that:
“(c)
Aircraft Piracy
The United States is a party to the Convention for the Suppression of Unlawful Seizure of Aircraft, signed at The Hague, Dec. 16, 1970, entered into force as to the United States, Oct. 14, 1971, 22 UST 1641.
§46503. Interference with security screening personnel
An individual in an area within a commercial service airport in the United States who, by assaulting a Federal, airport, or air carrier employee who has security duties within the airport, interferes with the performance of the duties of the employee or lessens the ability of the employee to perform those duties, shall be fined under title 18, imprisoned for not more than 10 years, or both. If the individual used a dangerous weapon in committing the assault or interference, the individual may be imprisoned for any term of years or life imprisonment.
(Added Pub. L. 107–71, title I, §114(a), Nov. 19, 2001, 115 Stat. 623.)
Prior Provisions
A prior section 46503, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1242, provided for death penalty sentencing procedure for individuals convicted of aircraft piracy, prior to repeal by Pub. L. 103–322, title VI, §60003(b)(2), Sept. 13, 1994, 108 Stat. 1970.
§46504. Interference with flight crew members and attendants
An individual on an aircraft in the special aircraft jurisdiction of the United States who, by assaulting or intimidating a flight crew member or flight attendant of the aircraft, interferes with the performance of the duties of the member or attendant or lessens the ability of the member or attendant to perform those duties, or attempts or conspires to do such an act, shall be fined under title 18, imprisoned for not more than 20 years, or both. However, if a dangerous weapon is used in assaulting or intimidating the member or attendant, the individual shall be imprisoned for any term of years or for life.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1244; Pub. L. 107–56, title VIII, §811(i), Oct. 26, 2001, 115 Stat. 382.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 46504 | 49 App.:1472(j). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §902(j); added Sept. 5, 1961, Pub. L. 87–197, §1, 75 Stat. 466; Oct. 14, 1970, Pub. L. 91–449, §1(3), 84 Stat. 921. |
The words “or threatens” are omitted as being included in “intimidating”. The words “(including any steward or stewardess)” are omitted as being included in “attendant”. The words “fined under title 18” are substituted for “fined not more than $10,000” for consistency with title 18. The words “deadly or” are omitted as surplus.
Amendments
2001—Pub. L. 107–56 inserted “or attempts or conspires to do such an act,” before “shall be fined under title 18,”.
§46505. Carrying a weapon or explosive on an aircraft
(a)
(b)
(1) when on, or attempting to get on, an aircraft in, or intended for operation in, air transportation or intrastate air transportation, has on or about the individual or the property of the individual a concealed dangerous weapon that is or would be accessible to the individual in flight;
(2) has placed, attempted to place, or attempted to have placed a loaded firearm on that aircraft in property not accessible to passengers in flight; or
(3) has on or about the individual, or has placed, attempted to place, or attempted to have placed on that aircraft, an explosive or incendiary device.
(c)
(d)
(1) a law enforcement officer of a State or political subdivision of a State, or an officer or employee of the United States Government, authorized to carry arms in an official capacity;
(2) another individual the Administrator of the Federal Aviation Administration or the Under Secretary of Transportation for Security by regulation authorizes to carry a dangerous weapon in air transportation or intrastate air transportation; or
(3) an individual transporting a weapon (except a loaded firearm) in baggage not accessible to a passenger in flight if the air carrier was informed of the presence of the weapon.
(e)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1244; Pub. L. 104–132, title VII, §705(b), Apr. 24, 1996, 110 Stat. 1295; Pub. L. 107–56, title VIII, §§810(g), 811(j), Oct. 26, 2001, 115 Stat. 381, 382; Pub. L. 107–71, title I, §140(d)(8), Nov. 19, 2001, 115 Stat. 642.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 46505(a) | 49 App.:1472(l)(4). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §902(l)(4); added Feb. 18, 1980, Pub. L. 96–193, §502(c), 94 Stat. 59. |
| 46505(b) | 49 App.:1472(l)(1). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §902(l)(1); added Sept. 5, 1961, Pub. L. 87–197, §1, 75 Stat. 466; Aug. 5, 1974, Pub. L. 93–366, §203, 88 Stat. 417; restated Feb. 18, 1980, Pub. L. 96–193, §502(a), 94 Stat. 59; Oct. 12, 1984, Pub. L. 98–473, §2014(c)(1), 98 Stat. 2189. |
| 46505(c) | 49 App.:1472(l)(2). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §902(l)(2); added Sept. 5, 1961, Pub. L. 87–197, §1, 75 Stat. 466; restated Aug. 5, 1974, Pub. L. 93–366, §203, 88 Stat. 418; Oct. 12, 1984, Pub. L 98–473, §2014(c)(2), 98 Stat. 2189. |
| 46505(d) | 49 App.:1472(l)(3). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §902(l)(3); added Sept. 5, 1961, Pub. L. 87–197, §1, 75 Stat. 466; restated Aug. 5, 1974, Pub. L. 93–366, §203, 88 Stat. 418; Feb. 18, 1980, Pub. L. 96–193, §502(b), 94 Stat. 59. |
In subsection (a), the definition of “firearm” is merged with the definition of “loaded firearm” because the term “firearm” is only used in the defined term “loaded firearm”.
In subsections (b) and (c), the words “fined under title 18” are substituted for “fined not more than $10,000” and “fined not more than $25,000” for consistency with title 18.
In subsections (b)(1) and (d)(2), the words “deadly or” are omitted as surplus.
In subsection (b)(2), the words “baggage or other” are omitted as surplus.
In subsection (b)(3), the words “bomb or similar” are omitted as surplus.
In subsection (d)(1), the words “State or political subdivision of a State” are substituted for “municipal or State government” for consistency in the revised title and with other titles of the United States Code. The words “or required” are omitted as surplus.
In subsection (d)(3), the word “contained” is omitted as surplus.
Amendments
2001—Subsec. (c). Pub. L. 107–56, §810(g), substituted “20 years, or both, and, if death results to any person, shall be imprisoned for any term of years or for life.” for “15 years, or both.”
Subsec. (d)(2). Pub. L. 107–71, §140(d)(8), inserted “or the Under Secretary of Transportation for Security” after “Federal Aviation Administration”.
Subsec. (e). Pub. L. 107–56, §811(j), added subsec. (e).
1996—Subsec. (b). Pub. L. 104–132, §705(b)(1), substituted “10 years” for “one year”.
Subsec. (c). Pub. L. 104–132, §705(b)(2), substituted “15 years” for “5 years”.
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including the functions of the Secretary of Transportation, and of the Under Secretary of Transportation for Security, relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
§46506. Application of certain criminal laws to acts on aircraft
An individual on an aircraft in the special aircraft jurisdiction of the United States who commits an act that—
(1) if committed in the special maritime and territorial jurisdiction of the United States (as defined in section 7 of title 18) would violate section 113, 114, 661, 662, 1111, 1112, 1113, or 2111 or chapter 109A of title 18, shall be fined under title 18, imprisoned under that section or chapter, or both; or
(2) if committed in the District of Columbia would violate section 9 of the Act of July 29, 1892 (D.C. Code §22-1112), shall be fined under title 18, imprisoned under section 9 of the Act, or both.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1245.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 46506 | 49 App.:1472(k). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §902(k); added Sept. 5, 1961, Pub. L. 87–197, §1, 75 Stat. 466; Oct. 14, 1970, Pub. L. 91–449, §1(3), 84 Stat. 921; Nov. 10, 1986, Pub. L. 99–646, §87(d)(8), 100 Stat. 3624; Nov. 14, 1986, Pub. L. 99–654, §3(b)(8), 100 Stat. 3664. |
In clause (1), the words “fined under title 18, imprisoned under that section or chapter, or both” are substituted for “punished as provided therein” for consistency with title 18.
In clause (2), the words “fined under title 18, imprisoned under section 9 of the Act, or both” are substituted for “punished as provided therein” for consistency with title 18.
References in Text
Section 9 of the Act of July 29, 1892, referred to in par. (2), is section 9 of act July 29, 1892, ch. 320, 27 Stat. 324, as amended, which is not classified to the Code.
§46507. False information and threats
An individual shall be fined under title 18, imprisoned for not more than 5 years, or both, if the individual—
(1) knowing the information to be false, willfully and maliciously or with reckless disregard for the safety of human life, gives, or causes to be given, under circumstances in which the information reasonably may be believed, false information about an alleged attempt being made or to be made to do an act that would violate section 46502(a), 46504, 46505, or 46506 of this title; or
(2)(A) threatens to violate section 46502(a), 46504, 46505, or 46506 of this title, or causes a threat to violate any of those sections to be made; and
(B) has the apparent determination and will to carry out the threat.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1245.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 46507 | 49 App.:1472(m). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §902(m); added Sept. 5, 1961, Pub. L. 87–197, §1, 75 Stat. 467; restated Oct. 12, 1984, Pub. L. 98–473, §2014(d)(1), 98 Stat. 2190. |
In this section, before clause (1), the words “fined under title 18” are substituted for “fined not more than $25,000” for consistency with title 18. In clauses (1) and (2), the words “a felony” are omitted as surplus. In clause (1), the words “gives, or causes to be given” are substituted for “imparts or conveys or causes to be imparted or conveyed” to eliminate unnecessary words. The words “attempt or” are omitted as surplus. In clause (2), the words “threatens . . . or causes a threat . . . to be made” are substituted for “imparts or conveys or causes to be imparted or conveyed any threat” to eliminate unnecessary words.
PART B—AIRPORT DEVELOPMENT AND NOISE
CHAPTER 471—AIRPORT DEVELOPMENT
SUBCHAPTER I—AIRPORT IMPROVEMENT
SUBCHAPTER II—SURPLUS PROPERTY FOR PUBLIC AIRPORTS
SUBCHAPTER III—AVIATION DEVELOPMENT STREAMLINING
Amendments
2003—Pub. L. 108–176, title I, §§152(b), 158(b), 159(a)(2), 160(b), 181(b), title III, §304(b), Dec. 12, 2003, 117 Stat. 2507, 2509, 2510, 2513, 2515, 2538, added items 47138 to 47142, subchapter III heading, and items 47171 to 47175.
2000—Pub. L. 106–181, title I, §§123(a)(2), 132(b), 133(b), 134(b), 135(d)(4), Apr. 5, 2000, 114 Stat. 74, 81–83, 85, struck out item 47132 “Pavement maintenance”, added items 47135 to 47137, and substituted “conveyances” for “gifts” in item 47152.
1996—Pub. L. 104–264, title I, §§142(c), 147(c)(2), 149(a)(2), title VIII, §804(c), Oct. 9, 1996, 110 Stat. 3221, 3223, 3226, 3271, substituted “grant program” for “grant pilot program” in item 47128 and added items 47132, 47133, and 47134.
1994—Pub. L. 103–305, title I, §§113(b), 118(b), Aug. 23, 1994, 108 Stat. 1579, 1580, added items 47129 and 47130 and redesignated former item 47129 as 47131.
SUBCHAPTER I—AIRPORT IMPROVEMENT
§47101. Policies
(a)
(1) that the safe operation of the airport and airway system is the highest aviation priority;
(2) that aviation facilities be constructed and operated to minimize current and projected noise impact on nearby communities;
(3) to give special emphasis to developing reliever airports;
(4) that appropriate provisions should be made to make the development and enhancement of cargo hub airports easier;
(5) to encourage the development of intermodal connections on airport property between aeronautical and other transportation modes and systems to serve air transportation passengers and cargo efficiently and effectively and promote economic development;
(6) that airport development projects under this subchapter provide for the protection and enhancement of natural resources and the quality of the environment of the United States;
(7) that airport construction and improvement projects that increase the capacity of facilities to accommodate passenger and cargo traffic be undertaken to the maximum feasible extent so that safety and efficiency increase and delays decrease;
(8) to ensure that nonaviation usage of the navigable airspace be accommodated but not allowed to decrease the safety and capacity of the airspace and airport system;
(9) that artificial restrictions on airport capacity—
(A) are not in the public interest;
(B) should be imposed to alleviate air traffic delays only after other reasonably available and less burdensome alternatives have been tried; and
(C) should not discriminate unjustly between categories and classes of aircraft;
(10) that special emphasis should be placed on converting appropriate former military air bases to civil use and identifying and improving additional joint-use facilities;
(11) that the airport improvement program should be administered to encourage projects that employ innovative technology (including integrated in-pavement lighting systems for runways and taxiways and other runway and taxiway incursion prevention devices), concepts, and approaches that will promote safety, capacity, and efficiency improvements in the construction of airports and in the air transportation system (including the development and use of innovative concrete and other materials in the construction of airport facilities to minimize initial laydown costs, minimize time out of service, and maximize lifecycle durability) and to encourage and solicit innovative technology proposals and activities in the expenditure of funding pursuant to this subchapter;
(12) that airport fees, rates, and charges must be reasonable and may only be used for purposes not prohibited by this subchapter; and
(13) that airports should be as self-sustaining as possible under the circumstances existing at each particular airport and in establishing new fees, rates, and charges, and generating revenues from all sources, airport owners and operators should not seek to create revenue surpluses that exceed the amounts to be used for airport system purposes and for other purposes for which airport revenues may be spent under section 47107(b)(1) of this title, including reasonable reserves and other funds to facilitate financing and cover contingencies.
(b)
(2) United States leadership in the world economy, the expanding wealth of the United States, the competitiveness of the industry of the United States, the standard of living, and the quality of life are at stake.
(3) A national intermodal transportation system is a coordinated, flexible network of diverse but complementary forms of transportation that transports passengers and property in the most efficient manner. By reducing transportation costs, these intermodal systems will enhance the ability of the industry of the United States to compete in the global marketplace.
(4) All forms of transportation, including aviation and other transportation systems of the future, will be full partners in the effort to reduce energy consumption and air pollution while promoting economic development.
(5) An intermodal transportation system consists of transportation hubs that connect different forms of appropriate transportation and provides users with the most efficient means of transportation and with access to commercial centers, business locations, population centers, and the vast rural areas of the United States, as well as providing links to other forms of transportation and to intercity connections.
(6) Intermodality and flexibility are paramount issues in the process of developing an integrated system that will obtain the optimum yield of United States resources.
(7) The United States transportation infrastructure must be reshaped to provide the economic underpinnings for the United States to compete in the 21st century global economy. The United States can no longer rely on the sheer size of its economy to dominate international economic rivals and must recognize fully that its economy is no longer a separate entity but is part of the global marketplace. The future economic prosperity of the United States depends on its ability to compete in an international marketplace that is teeming with competitors but in which a full one-quarter of the economic activity of the United States takes place.
(8) The United States must make a national commitment to rebuild its infrastructure through development of a national intermodal transportation system. The United States must provide the foundation for its industries to improve productivity and their ability to compete in the global economy with a system that will transport passengers and property in an efficient manner.
(c)
(d)
(e)
(1) reliever airports; and
(2) heliports designated by the Secretary of Transportation to relieve congestion at commercial service airports by diverting aircraft passengers from fixed-wing aircraft to helicopter carriers.
(f)
(1) electronic or visual vertical guidance on each runway;
(2) grooving or friction treatment of each primary and secondary runway;
(3) distance-to-go signs for each primary and secondary runway;
(4) a precision approach system, a vertical visual guidance system, and a full approach light system for each primary runway;
(5) a nonprecision instrument approach for each secondary runway;
(6) runway end identifier lights on each runway that does not have an approach light system;
(7) a surface movement radar system at each category III airport;
(8) a taxiway lighting and sign system;
(9) runway edge lighting and marking;
(10) radar approach coverage for each airport terminal area; and
(11) runway and taxiway incursion prevention devices, including integrated in-pavement lighting systems for runways and taxiways.
(g)
(1)
(2)
(A) foster effective coordination between aviation planning and metropolitan planning;
(B) include an evaluation of aviation needs within the context of multimodal planning; and
(C) are integrated with metropolitan plans to ensure that airport development proposals include adequate consideration of land use and ground transportation access.
(3)
(h)
(1) natural resources, including fish and wildlife;
(2) natural, scenic, and recreation assets;
(3) water and air quality; or
(4) another factor affecting the environment.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1246; Pub. L. 103–305, title I, §§104, 110, Aug. 23, 1994, 108 Stat. 1571, 1573; Pub. L. 103–429, §6(62), Oct. 31, 1994, 108 Stat. 4385; Pub. L. 104–264, title I, §141, Oct. 9, 1996, 110 Stat. 3220; Pub. L. 106–181, title I, §§121(a), (b), 137(a), Apr. 5, 2000, 114 Stat. 74, 85.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47101(a)(1) | 49 App.:2201(a)(1), (2). | Sept. 3, 1982, Pub. L. 97–248, §§502(a)(1)–(3), (6), (b), 509(b)(5) (1st sentence, last sentence words before 11th comma), 96 Stat. 671, 672, 684. |
| 49 App.:2201(a)(9). | Sept. 3, 1982, Pub. L. 97–248, §502(a)(9), 96 Stat. 672; Dec. 30, 1987, Pub. L. 100–223, §102(b)(1), (c)(1), 101 Stat. 1487. | |
| 49 App.:2201(a)(10). | Sept. 3, 1982, Pub. L. 97–248, §502(a)(10), 96 Stat. 672; Dec. 30, 1987, Pub. L. 100–223, §102(b)(1), (c)(2), 101 Stat. 1487. | |
| 47101(a)(2) | 49 App.:2201(a)(8). | Sept. 3, 1982, Pub. L. 97–248, §502(a)(8), 96 Stat. 672; Dec. 30, 1987, Pub. L. 100–223, §102(b)(1), 101 Stat. 1487. |
| 47101(a)(3) | 49 App.:2201(a)(6). | |
| 47101(a)(4) | 49 App.:2201(a)(7). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §502(a)(7); added Dec. 30, 1987, Pub. L. 100–223, §102(b)(2), 101 Stat. 1487. |
| 47101(a)(5) | 49 App.:2201(b) (1st sentence). | |
| 47101(a)(6) | 49 App.:2208(b)(5) (1st sentence). | |
| 47101(a)(7) | 49 App.:2201(a)(11). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §502(a)(11); added Dec. 30, 1987, Pub. L. 100–223, §102(c)(3), 101 Stat. 1488. |
| 47101(a)(8) | 49 App.:2201(a)(12). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §502(a)(12); added Dec. 30, 1987, Pub. L. 100–223, §102(c)(3), 101 Stat. 1488; Nov. 5, 1990, Pub. L. 101–508, §9109(a)(1), 104 Stat. 1388–356. |
| 47101(a)(9) | 49 App.:2201(a)(13). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §502(a)(13); added Dec. 30, 1987, Pub. L. 100–223, §102(c)(3), 101 Stat. 1488; Nov. 5, 1990, Pub. L. 101–508, §§9103(2), 9109(a)(2), 104 Stat. 1388–354, 1388–356. |
| 47101(a)(10) | 49 App.:2201(a)(14). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §502(a)(14); added Nov. 5, 1990, Pub. L. 101–508, §9109(a)(3), 104 Stat. 1388–356. |
| 47101(b) | 49 App.:2201(c). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §502(c), (d); added Oct. 31, 1992, Pub. L. 102–581, §101, 106 Stat. 4875. |
| 47101(c) | 49 App.:2201(d). | |
| 47101(d) | 49 App.:2201(a)(5). | Sept. 3, 1982, Pub. L. 97–248, §502(a)(5), 96 Stat. 671; Nov. 5, 1990, Pub. L. 101–508, §9103(1), 104 Stat. 1388–354. |
| 47101(e) | 49 App.:2201(a)(3). | |
| 49 App.:2202(a)(20). | Sept. 3, 1982, Pub. L. 97–248, §503(a)(20), 96 Stat. 674; Dec. 30, 1987, Pub. L. 100–223, §103(c)(1), 101 Stat. 1488. | |
| 47101(f) | 49 App.:2201(a)(4). | Sept. 3, 1982, Pub. L. 97–248, §502(a)(4), 96 Stat. 671; Dec. 30, 1987, Pub. L. 100–223, §102(a), 101 Stat. 1487. |
| 47101(g) | 49 App.:2201(b) (2d, last sentences). | |
| 47101(h) | 49 App.:2208(b)(5) (last sentence words before 11th comma). |
In subsection (a), before clause (1), the text of 49 App.:2201(a)(2), (9), and (10) is omitted as executed. The words “It is the policy of the United States” are substituted for “The Congress hereby . . . declares” in 49 App.:2201(a) (words before cl. (1)), “it is in the national interest” in 49 App.:2201(a)(12), “are not in the public interest and” in 49 App.:2201(a)(13), “It is declared to be in the national interest to” in 49 App.:2201(b), and “It is declared to be national policy that” in 49 App.:2208(b)(5) for consistency in the revised title and with other titles of the United States Code. In clause (1), the word “is” is substituted for “will continue to be” to eliminate unnecessary words. In clause (2), the words “with due regard” are omitted as surplus. In clause (3), the words “reliever airports make an important contribution to the efficient operation of the airport and airway system” are omitted as executed. In clause (4), the words “cargo hub airports play a critical role in the movement of commerce through the airport and airway system” are omitted as executed. In clause (5), the words “and promote” are omitted as surplus.
In subsection (d), the word “to” is substituted for “with due regard for the goals expressed therein of” to eliminate unnecessary words.
In subsection (e), before clause (1), the words “The facilities provided may include” are substituted for “including” because of the restatement. Clause (2) is substituted for “reliever heliports” to incorporate the definition of that term from 49 App.:2202(a)(19) into this subsection.
In subsection (f), before clause (1), the words “the goal of” are omitted as surplus.
In subsection (g), the words “formulated” and “due” are omitted as surplus. The words “process of developing airport plans and programs” are substituted for “process” for clarity.
Pub. L. 103–429
This amends 49:47101(a)(12) to translate a cross-reference to the Airport and Airway Improvement Act of 1982 (Public Law 97–248, 96 Stat. 671) to the corresponding cross-reference of title 49, United States Code.
Amendments
2000—Subsec. (a)(5). Pub. L. 106–181, §137(a), amended par. (5) generally. Prior to amendment, par. (5) read as follows: “to encourage the development of transportation systems that use various modes of transportation in a way that will serve the States and local communities efficiently and effectively;”.
Subsec. (a)(11). Pub. L. 106–181, §121(a), inserted “(including integrated in-pavement lighting systems for runways and taxiways and other runway and taxiway incursion prevention devices)” after “employ innovative technology”.
Subsec. (f)(11). Pub. L. 106–181, §121(b), added par. (11).
1996—Subsec. (g). Pub. L. 104–264 substituted “
1994—Subsec. (a)(11). Pub. L. 103–305, §104, added par. (11).
Subsec. (a)(12). Pub. L. 103–429 substituted “subchapter” for “Act”.
Pub. L. 103–305, §110, added par. (12).
Subsec. (a)(13). Pub. L. 103–305, §110, added par. (13).
Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
Effective Date of 1996 Amendment
Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
Availability of Gates and Other Essential Services
Pub. L. 106–181, title I, §155(d), Apr. 5, 2000, 114 Stat. 89, provided that: “The Secretary [of Transportation] shall ensure that gates and other facilities are made available at costs that are fair and reasonable to air carriers at covered airports (as defined in section 47106(f)(4) [47106(f)(3)] of title 49, United States Code) where a ‘majority-in-interest clause’ of a contract or other agreement or arrangement inhibits the ability of the local airport authority to provide or build new gates or other facilities.”
Construction of Runways
Pub. L. 106–181, title I, §158, Apr. 5, 2000, 114 Stat. 90, provided that: “Notwithstanding any provision of law that specifically restricts the number of runways at a single international airport, the Secretary [of Transportation] may obligate funds made available under chapters 471 and 481 of title 49, United States Code, for any project to construct a new runway at such airport, unless this section is expressly repealed.”
Innovative Financing Techniques
Pub. L. 104–264, title I, §148, Oct. 9, 1996, 110 Stat. 3223, authorized the Secretary of Transportation until Sept. 30, 1998, to carry out a demonstration program to provide information on the use of innovative financing techniques for airport development projects to Congress and the National Civil Aviation Review Commission. See section 47135 of this title.
Authority To Close Airport Located Near Closed or Realigned Military Base
Section 1203 of Pub. L. 104–264 provided that: “Notwithstanding any other provision of a law, rule, or grant assurance, an airport that is not a commercial service airport may be closed by its sponsor without any obligation to repay grants made under chapter 471 of title 49, United States Code, the Airport and Airway Improvement Act of 1982 [see References in Text note set out under section 47108 of this title], or any other law if the airport is located within 2 miles of a United States Army depot which has been closed or realigned; except that in the case of disposal of the land associated with the airport, the part of the proceeds from the disposal that is proportional to the Government's share of the cost of acquiring the land shall be paid to the Secretary of Transportation for deposit in the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502).”
Study on Innovative Financing
Section 520 of Pub. L. 103–305 provided that:
“(a)
“(b)
“(1) Mechanisms that will produce greater investments in airport development per dollar of Federal expenditure.
“(2) Approaches that would permit entering into agreements with non-Federal entities, such as airport sponsors, for the loan of Federal funds, guarantee of loan repayment, or purchase of insurance or other forms of enhancement for borrower debt, including the use of unobligated Airport Improvement Program contract authority and unobligated balances in the Airport and Airway Trust Fund.
“(3) Means to lower the cost of financing airport development.
“(c)
“(d)
§47102. Definitions
In this subchapter—
(1) “air carrier airport” means a public airport regularly served by—
(A) an air carrier certificated by the Secretary of Transportation under section 41102 of this title (except a charter air carrier); or
(B) at least one air carrier—
(i) operating under an exemption from section 41101(a)(1) of this title that the Secretary grants; and
(ii) having at least 2,500 passenger boardings at the airport during the prior calendar year.
(2) “airport”—
(A) means—
(i) an area of land or water used or intended to be used for the landing and taking off of aircraft;
(ii) an appurtenant area used or intended to be used for airport buildings or other airport facilities or rights of way; and
(iii) airport buildings and facilities located in any of those areas; and
(B) includes a heliport.
(3) “airport development” means the following activities, if undertaken by the sponsor, owner, or operator of a public-use airport:
(A) constructing, repairing, or improving a public-use airport, including—
(i) removing, lowering, relocating, marking, and lighting an airport hazard; and
(ii) preparing a plan or specification, including carrying out a field investigation.
(B) acquiring for, or installing at, a public-use airport—
(i) a navigation aid or another aid (including a precision approach system) used by aircraft for landing at or taking off from the airport, including preparing the site as required by the acquisition or installation;
(ii) safety or security equipment, including explosive detection devices, universal access systems, and emergency call boxes, the Secretary requires by regulation for, or approves as contributing significantly to, the safety or security of individuals and property at the airport and integrated in-pavement lighting systems for runways and taxiways and other runway and taxiway incursion prevention devices;
(iii) equipment to remove snow, to measure runway surface friction, or for aviation-related weather reporting, including closed circuit weather surveillance equipment if the airport is located in Alaska;
(iv) firefighting and rescue equipment at an airport that serves scheduled passenger operations of air carrier aircraft designed for more than 20 passenger seats;
(v) aircraft deicing equipment and structures (except aircraft deicing fluids and storage facilities for the equipment and fluids);
(vi) interactive training systems;
(vii) windshear detection equipment that is certified by the Administrator of the Federal Aviation Administration;
(viii) stainless steel adjustable lighting extensions approved by the Administrator;
(ix) engineered materials arresting systems as described in the Advisory Circular No. 150/5220–22 published by the Federal Aviation Administration on August 21, 1998, including any revision to the circular; and
(x) replacement of baggage conveyor systems, and reconfiguration of terminal baggage areas, that the Secretary determines are necessary to install bulk explosive detection devices; except that such activities shall be eligible for funding under this subchapter only using amounts apportioned under section 47114.
(C) acquiring an interest in land or airspace, including land for future airport development, that is needed—
(i) to carry out airport development described in subclause (A) or (B) of this clause; or
(ii) to remove or mitigate an existing airport hazard or prevent or limit the creation of a new airport hazard.
(D) acquiring land for, or constructing, a burn area training structure on or off the airport to provide live fire drill training for aircraft rescue and firefighting personnel required to receive the training under regulations the Secretary prescribes, including basic equipment and minimum structures to support the training under standards the Administrator of the Federal Aviation Administration prescribes.
(E) relocating after December 31, 1991, an air traffic control tower and any navigational aid (including radar) if the relocation is necessary to carry out a project approved by the Secretary under this subchapter or under section 40117.
(F) constructing, reconstructing, repairing, or improving an airport, or purchasing capital equipment for an airport, if necessary for compliance with the responsibilities of the operator or owner of the airport under the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), the Clean Air Act (42 U.S.C. 7401 et seq.), and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), except constructing or purchasing capital equipment that would benefit primarily a revenue-producing area of the airport used by a nonaeronautical business.
(G) acquiring land for, or work necessary to construct, a pad suitable for deicing aircraft before takeoff at a commercial service airport, including constructing or reconstructing paved areas, drainage collection structures, treatment and discharge systems, appropriate lighting, paved access for deicing vehicles and aircraft, but not including acquiring aircraft deicing fluids or constructing or reconstructing storage facilities for aircraft deicing equipment or fluids.
(H) routine work to preserve and extend the useful life of runways, taxiways, and aprons at nonhub airports and airports that are not primary airports, under guidelines issued by the Administrator of the Federal Aviation Administration.
(I) constructing, reconstructing, or improving an airport, or purchasing nonrevenue generating capital equipment to be owned by an airport, for the purpose of transferring passengers, cargo, or baggage between the aeronautical and ground transportation modes on airport property.
(J) constructing an air traffic control tower or acquiring and installing air traffic control, communications, and related equipment at an air traffic control tower under the terms specified in section 47124(b)(4).
(K) work necessary to construct or modify airport facilities to provide low-emission fuel systems, gate electrification, and other related air quality improvements at a commercial service airport if the airport is located in an air quality nonattainment or maintenance area (as defined in sections 171(2) and 175A of the Clean Air Act (42 U.S.C. 7501(2); 7505a) 1 and if such project will result in an airport receiving appropriate emission credits, as described in section 47139.
(L) a project for the acquisition or conversion of vehicles and ground support equipment, owned by a commercial service airport, to low-emission technology, if the airport is located in an air quality nonattainment or maintenance area (as defined in sections 171(2) and 175A of the Clean Air Act (42 U.S.C. 7501(2); 7505a) 1 and if such project will result in an airport receiving appropriate emission credits as described in section 47139.
(4) “airport hazard” means a structure or object of natural growth located on or near a public-use airport, or a use of land near the airport, that obstructs or otherwise is hazardous to the landing or taking off of aircraft at or from the airport.
(5) “airport planning” means planning as defined by regulations the Secretary prescribes and includes integrated airport system planning.
(6) “amount made available under section 48103” or “amount newly made available” means the amount authorized for grants under section 48103 as that amount may be limited in that year by a subsequent law, but as determined without regard to grant obligation recoveries made in that year or amounts covered by section 47107(f).
(7) “commercial service airport” means a public airport in a State that the Secretary determines has at least 2,500 passenger boardings each year and is receiving scheduled passenger aircraft service.
(8) “integrated airport system planning” means developing for planning purposes information and guidance to decide the extent, kind, location, and timing of airport development needed in a specific area to establish a viable, balanced, and integrated system of public-use airports, including—
(A) identifying system needs;
(B) developing an estimate of systemwide development costs;
(C) conducting studies, surveys, and other planning actions, including those related to airport access, needed to decide which aeronautical needs should be met by a system of airports; and
(D) standards prescribed by a State, except standards for safety of approaches, for airport development at nonprimary public-use airports.
(9) “landed weight” means the weight of aircraft transporting only cargo in intrastate, interstate, and foreign air transportation, as the Secretary determines under regulations the Secretary prescribes.
(10) “large hub airport” means a commercial service airport that has at least 1.0 percent of the passenger boardings.
(11) “low-emission technology” means technology for vehicles and equipment whose emission performance is the best achievable under emission standards established by the Environmental Protection Agency and that relies exclusively on alternative fuels that are substantially nonpetroleum based, as defined by the Department of Energy, but not excluding hybrid systems or natural gas powered vehicles.
(12) “medium hub airport” means a commercial service airport that has at least 0.25 percent but less than 1.0 percent of the passenger boardings.
(13) “nonhub airport” means a commercial service airport that has less than 0.05 percent of the passenger boardings.
(14) “passenger boardings”—
(A) means, unless the context indicates otherwise, revenue passenger boardings in the United States in the prior calendar year on an aircraft in service in air commerce, as the Secretary determines under regulations the Secretary prescribes; and
(B) includes passengers who continue on an aircraft in international flight that stops at an airport in the 48 contiguous States, Alaska, or Hawaii for a nontraffic purpose.
(15) “primary airport” means a commercial service airport the Secretary determines to have more than 10,000 passenger boardings each year.
(16) “project” means a project, separate projects included in one project grant application, or all projects to be undertaken at an airport in a fiscal year, to achieve airport development or airport planning.
(17) “project cost” means a cost involved in carrying out a project.
(18) “project grant” means a grant of money the Secretary makes to a sponsor to carry out at least one project.
(19) “public agency” means—
(A) a State or political subdivision of a State;
(B) a tax-supported organization; or
(C) an Indian tribe or pueblo.
(20) “public airport” means an airport used or intended to be used for public purposes—
(A) that is under the control of a public agency; and
(B) of which the area used or intended to be used for the landing, taking off, or surface maneuvering of aircraft is publicly owned.
(21) “public-use airport” means—
(A) a public airport; or
(B) a privately-owned airport used or intended to be used for public purposes that is—
(i) a reliever airport; or
(ii) determined by the Secretary to have at least 2,500 passenger boardings each year and to receive scheduled passenger aircraft service.
(22) “reliever airport” means an airport the Secretary designates to relieve congestion at a commercial service airport and to provide more general aviation access to the overall community.
(23) “small hub airport” means a commercial service airport that has at least 0.05 percent but less than 0.25 percent of the passenger boardings.
(24) “sponsor” means—
(A) a public agency that submits to the Secretary under this subchapter an application for financial assistance; and
(B) a private owner of a public-use airport that submits to the Secretary under this subchapter an application for financial assistance for the airport.
(25) “State” means a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and Guam.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1248; Pub. L. 103–305, title I, §105, Aug. 23, 1994, 108 Stat. 1572; Pub. L. 104–264, title I, §142(b)(1), Oct. 9, 1996, 110 Stat. 3221; Pub. L. 106–181, title I, §§121(c), 122, 123(b), 137(b), title V, §514(a), Apr. 5, 2000, 114 Stat. 74, 75, 85, 144; Pub. L. 107–71, title I, §119(a)(1), (5), Nov. 19, 2001, 115 Stat. 628, 629; Pub. L. 108–7, div. I, title III, §370(a), Feb. 20, 2003, 117 Stat. 424; Pub. L. 108–176, title I, §§141, 142, 159(b)(1), (d), title VIII, §801(a), Dec. 12, 2003, 117 Stat. 2503, 2510, 2511, 2586.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47102(1) | (no source). | |
| 47102(2) | 49 App.:2202(a)(1). | Sept. 3, 1982, Pub. L. 97–248, §503(a)(1), 96 Stat. 672; Dec. 30, 1987, Pub. L. 100–223, §103(a), 101 Stat. 1488. |
| 49 App.:2202(a)(21). | Sept. 3, 1982, Pub. L. 97–248, §503(a)(13)–(19), (21)–(23), 96 Stat. 673, 674; Dec. 30, 1987, Pub. L. 100–223, §103(c)(1), 101 Stat. 1488. | |
| 47102(3) | 49 App.:2202(a)(2). | Sept. 3, 1982, Pub. L. 97–248, §503(a)(2), 96 Stat. 672; Dec. 30, 1987, Pub. L. 100–223, §103(b), 101 Stat. 1488; Nov. 5, 1990, Pub. L. 101–508, §9102, 104 Stat. 1388–354; Oct. 31, 1992, Pub. L. 102–581, §112(a), (b), 106 Stat. 4880. |
| 47102(4) | 49 App.:2202(a)(3). | Sept. 3, 1982, Pub. L. 97–248, §503(a)(3)–(5), (7), (8), (b), 96 Stat. 673, 674. |
| 47102(5) | 49 App.:2202(a)(4). | |
| 47102(6) | 49 App.:2202(b). | |
| 47102(7) | 49 App.:2202(a)(5). | |
| 47102(8) | 49 App.:2202(a)(7). | |
| 47102(9) | 49 App.:2202(a)(9). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §503(a)(9); added Dec. 30, 1987, Pub. L. 100–223, §103(c)(2), 101 Stat. 1488. |
| 47102(10) | 49 App.:2202(a)(10). | Sept. 3, 1982, Pub. L. 97–248, §503(a)(10), 96 Stat. 673; Dec. 30, 1987, Pub. L. 100–223, §103(c)(1), (d), 101 Stat. 1488; Oct. 31, 1992, Pub. L. 102–581, §115, 106 Stat. 4881. |
| 47102(11) | 49 App.:2202(a)(12). | Sept. 3, 1982, Pub. L. 97–248, §503(a)(12), 96 Stat. 673; Dec. 30, 1987, Pub. L. 100–223, §103(c)(1), (e), 101 Stat. 1488. |
| 47102(12) | 49 App.:2202(a)(13). | |
| 47102(13) | 49 App.:2202(a)(14). | |
| 47102(14) | 49 App.:2202(a)(15). | |
| 47102(15) | 49 App.:2202(a)(16). | |
| 47102(16) | 49 App.:2202(a)(8), (17). | |
| 47102(17) | 49 App.:2202(a)(18). | |
| 47102(18) | 49 App.:2202(a)(19). | |
| 47102(19) | 49 App.:2202(a)(22). | |
| 47102(20) | 49 App.:2202(a)(23). |
In this section, before clause (1), the words “In this subchapter” are substituted for “As used in this chapter” and “Whenever in this chapter reference is made to . . . such reference shall mean” for consistency in the revised title and with other titles of the United States Code and to eliminate unnecessary words.
Clause (1) restates the definition of “air carrier airport” that was contained in section 11(1) of the Airport and Airway Development Act of 1970 as in effect both on February 18, 1980, and immediately before September 3, 1982. The clause is added to this section to eliminate the cross-references to definitions in section 11 of the Airport and Airway Development Act of 1970 that are contained in the source provisions restated in sections 47106(d) and 47119(a) of the revised title. Because some of the terms used in the definition of “air carrier airport” were themselves defined in section 11, the definitions of those terms are incorporated in the definition added in clause (1) to the extent they differ from the definitions of those terms restated in this section. The words “Secretary of Transportation” and “Secretary” are substituted for “Civil Aeronautics Board” because of the transfer of authority under 49 App.:1551(b)(1)(E).
In clause (2), before subclause (A), the text of 49 App.:2202(a)(21) is omitted as surplus because the complete name of the Secretary of Transportation is used the first time the term appears in a section. In subclause (A)(iii), the words “those areas” are substituted for “thereon” for clarity.
In clause (3)(A), before subclause (i), the words “any work involved in” and “or portion thereof” are eliminated as unnecessary. The word “reconstructing” is omitted as being included in “constructing”. In subclause (ii), the words “carrying out a field investigation” are substituted for “field investigations incidental thereto” for clarity.
In clause (3)(B), before subclause (i), the word “for” is substituted for “by” for clarity. In subclause (i), the words “required by the acquisition or installation” are substituted for “thereby required” for clarity. In subclause (ii), the word “individuals” is substituted for “persons” for clarity and consistency in the revised title and with other titles of the Code.
In clause (3)(C), before subclause (i), the words “interest in land or airspace” are substituted for “land or of any interest therein, or of any easement through or other interest in airspace” to eliminate unnecessary words. In subclause (ii), the words “existing airport hazard . . . the creation of a new airport hazard” are added for clarity and consistency in this chapter.
In clause (3)(D), the words “any . . . work involved to” are omitted as surplus. The word “Secretary” is substituted for “Department of Transportation” because of 49:102(b). The words “Administrator of the” are added because of 49:106(b).
In clause (4), the word “near” is substituted for “in the vicinity of” to eliminate unnecessary words. The words “obstructs or otherwise is hazardous to the landing or taking off” are substituted for “obstructs the airspace required for the flight of aircraft in landing or taking off . . . or is otherwise hazardous to such landing or taking off” for clarity and to eliminate unnecessary words.
In clause (6), the words “for a fiscal year . . . for that fiscal year” are omitted as surplus. The words “authorized for grants” are substituted for “made available for obligation” for clarity and consistency. The word “law” is substituted for “Act of Congress” for consistency in the revised title and with other titles of the Code. The words “or limited” are omitted as surplus.
In clause (8), before subclause (A), the words “the initial as well as continuing” and “nature” are omitted as surplus. In subclause (C), the words “needed to decide which aeronautical needs should be met” are substituted for “as may be necessary to determine the short-, intermediate-, and long-range aeronautical demands required to be met” for clarity and to eliminate unnecessary words. The word “particular” is eliminated as unnecessary. In subclause (D), the word “prescribed” is substituted for “the establishment . . . of” for consistency in the revised title and with other titles of the Code.
In clause (9), the words “scheduled and nonscheduled” are omitted as surplus. The word “cargo” is substituted for “property (including mail)” for consistency in the revised title.
In clause (10), before subclause (A), the words “passenger boardings” are substituted for “passengers enplaned” for clarity. In subclause (A), the words “domestic, territorial, and international”, “in the States”, “scheduled and nonscheduled”, and “intrastate, interstate, and foreign” are omitted as surplus. In subclause (B), the words “who continue on an aircraft in” are substituted for “on board” for clarity. (See Cong. Rec., pp. S15296, 15297, Oct. 28, 1987, daily ed.). The words “that stops” are substituted for “which transit” for clarity. The word “located” is omitted as surplus.
In clause (12), the words “included in one project grant application” are substituted for “submitted together”, and the words “or all projects to be undertaken” are substituted for “including the combined submission of all projects”, for clarity and consistency in this chapter.
In clause (15)(A), the words “or any agency of a State, a municipality . . . other” are omitted as surplus.
In clause (19)(A), the words “either individually or jointly with one or more other public agencies” are omitted as surplus.
In clause (20), the words “the Commonwealth of” and “the Government of” are omitted as surplus.
References in Text
The Americans with Disabilities Act of 1990, referred to in par. (3)(F), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to chapter 126 (§12101 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of Title 42 and Tables.
The Clean Air Act, referred to in par. (3)(F), is act July 14, 1955, ch. 360, 69 Stat. 322, as amended, which is classified generally to chapter 85 (§7401 et seq.) of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 7401 of Title 42 and Tables.
The Federal Water Pollution Control Act, referred to in par. (3)(F), is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92–500, §2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to chapter 26 (§1251 et seq.) of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see Short Title note set out under section 1251 of Title 33 and Tables.
Amendments
2003—Par. (3)(B)(x). Pub. L. 108–176, §142, inserted “; except that such activities shall be eligible for funding under this subchapter only using amounts apportioned under section 47114” before period at end.
Par. (3)(H). Pub. L. 108–176, §141, inserted “nonhub airports and” before “airports that are not primary airports”.
Par. (3)(J). Pub. L. 108–176, §159(b)(1)(A), redesignated subpar. (M) as (J) and struck out former subpar. (J) which read as follows: “in fiscal year 2002, any additional security related activity required by law or by the Secretary after September 11, 2001, and before October 1, 2002.”
Par. (3)(K), (L). Pub. L. 108–176, §159(b)(1), added subpars. (K) and (L) and struck out former subpars. (K) and (L) which read as follows:
“(K) in fiscal year 2002 with respect to funds apportioned under section 47114 in fiscal years 2001 and 2002, any activity, including operational activities, of an airport that is not a primary airport if that airport is located within the confines of enhanced class B airspace, as defined by Notice to Airmen FDC 1/0618 issued by the Federal Aviation Administration and the activity was carried out when any restriction in the Notice is in effect.
“(L) in fiscal year 2002, payments for debt service on indebtedness incurred to carry out a project at an airport owned or controlled by the sponsor or at a privately owned or operated airport passenger terminal financed by indebtedness incurred by the sponsor if the Secretary determines that such payments are necessary to prevent a default on the indebtedness.”
Par. (3)(M). Pub. L. 108–176, §159(b)(1)(A), redesignated subpar. (M) as (J).
Pub. L. 108–7 added subpar. (M).
Par. (6). Pub. L. 108–176, §801(a)(6), added par. (6) and struck out former par. (6) which read as follows: “ ‘amount made available under section 48103 of this title’ means the amount authorized for grants under section 48103 of this title as reduced by any law enacted after September 3, 1982.”
Par. (10). Pub. L. 108–176, §801(a)(5), added par. (10). Former par. (10) redesignated (14).
Par. (10)(A), (B). Pub. L. 108–176, §801(a)(3), added subpars. (A) and (B) and struck out former subpars. (A) and (B) which read as follows:
“(A) means revenue passenger boardings on an aircraft in service in air commerce as the Secretary determines under regulations the Secretary prescribes; and
“(B) includes passengers who continue on an aircraft in international flight that stops at an airport in the 48 contiguous States, Alaska, or Hawaii for a nontraffic purpose.”
Par. (11). Pub. L. 108–176, §159(d), amended section as amended by Pub. L. 108–176, §801, by adding par. (11).
Pub. L. 108–176, §801(a)(4), redesignated par. (11) as (15).
Pars. (12) to (18). Pub. L. 108–176, §801(a)(4), (5), added pars. (12) and (13) and redesignated pars. (10) to (14) as (14) to (18), respectively. Former pars. (15) to (18) redesignated (19) to (22), respectively.
Pars. (19), (20). Pub. L. 108–176, §801(a)(4), redesignated pars. (15) and (16) as (19) and (20), respectively. Former pars. (19) and (20) redesignated (24) and (25), respectively.
Pars. (21) and (22). Pub. L. 108–176, §801(a)(4), redesignated pars. (17) and (18) as pars. (21) and (22), respectively.
Par. (23). Pub. L. 108–176, §801(a)(2), added par. (23).
Pars. (24), (25). Pub. L. 108–176, §801(a)(1), redesignated pars. (19) and (20) as (24) and (25), respectively.
2001—Par. (3)(B)(x). Pub. L. 107–71, §119(a)(5), added cl. (x).
Par. (3)(J) to (L). Pub. L. 107–71, §119(a)(1), added subpars. (J) to (L).
2000—Par. (3)(B)(ii). Pub. L. 106–181, §121(c)(1), substituted “, universal access systems, and emergency call boxes,” for “and universal access systems,” and inserted “and integrated in-pavement lighting systems for runways and taxiways and other runway and taxiway incursion prevention devices” before semicolon at end.
Par. (3)(B)(iii). Pub. L. 106–181, §121(c)(2), inserted before semicolon at end “, including closed circuit weather surveillance equipment if the airport is located in Alaska”.
Par. (3)(B)(vii), (viii). Pub. L. 106–181, §122, added cls. (vii) and (viii).
Par. (3)(B)(ix). Pub. L. 106–181, §514(a), added cl. (ix).
Par. (3)(H). Pub. L. 106–181, §123(b), added subpar. (H).
Par. (3)(I). Pub. L. 106–181, §137(b), added subpar. (I).
1996—Par. (3)(E). Pub. L. 104–264, §142(b)(1)(A), inserted “or under section 40117” before period at end.
Par. (3)(F). Pub. L. 104–264, §142(b)(1)(B), struck out “paid for by a grant under this subchapter and” after “airport, if”.
1994—Par. (3)(B)(ii). Pub. L. 103–305 inserted “, including explosive detection devices and universal access systems,” after “or security equipment”.
Effective Date of 2003 Amendment
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
Effective Date of 1996 Amendment
Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title.
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.
Guidance
Pub. L. 108–176, title I, §159(b)(2), Dec. 12, 2003, 117 Stat. 2510, provided that:
“(A)
“(B)
1 So in original. There probably should be a second closing parenthesis.
§47103. National plan of integrated airport systems
(a)
(1) the rest of the transportation system in the particular area;
(2) forecasted technological developments in aeronautics; and
(3) forecasted developments in other modes of intercity transportation.
(b)
(1) to the extent possible and as appropriate, consult with departments, agencies, and instrumentalities of the United States Government, with public agencies, and with the aviation community;
(2) consider tall structures that reduce safety or airport capacity; and
(3) make every reasonable effort to address the needs of air cargo operations, Short Takeoff and Landing/Very Short Takeoff and Landing aircraft operations, and rotary wing aircraft operations.
(c)
(d)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1251.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47103(a) | 49 App.:2203(a)(1) (2d–last sentences). | Sept. 3, 1982, Pub. L. 97–248, §504(a)(1), 96 Stat. 675; Dec. 30, 1987, Pub. L. 100–223, §104(a)(1)(A), (2), 101 Stat. 1489. |
| 47103(b) | 49 App.:2203(a)(2). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §504(a)(2); added Dec. 30, 1987, Pub. L. 100–223, §104(a)(1)(B), 101 Stat. 1489. |
| 49 App.:2203(c). | Sept. 3, 1982, Pub. L. 97–248, §504(c), 96 Stat. 676. | |
| 47103(c) | 49 App.:2203(d)(1). | Sept. 3, 1982, Pub. L. 97–248, §504(d)(1), 96 Stat. 676; Dec. 30, 1987, Pub. L. 100–223, §104(b)(2), 101 Stat. 1489. |
| 47103(d) | 49 App.:2203(a)(1) (1st sentence). |
In subsection (a), before clause (1), the words “shall maintain” and “In maintaining” are substituted for “In reviewing and revising” for clarity and consistency in the revised title. The word “named” is substituted for “After September 3, 1982, the revised national airport system plan shall be known as”, and the words “the national defense requirements of the Secretary of Defense” are substituted for “requirements in support of the national defense as determined by the Secretary of Defense”, to eliminate unnecessary words. The words “included in the plan may not be limited to meeting the needs of any particular” are substituted for “identified by this plan shall not be limited to the requirements of any” for clarity and consistency in this section. The words “among other things” are omitted as surplus.
In subsection (b), before clause (1), the words “In maintaining” are substituted for “In reviewing and revising” for consistency in this section. In clause (1), the words “departments, agencies, and instrumentalities of the United States Government” are substituted for “Federal . . . agencies” for consistency in the revised title and with other titles of the United States Code. In clauses (2) and (3), the words “As soon as feasible following December 30, 1987” are omitted as obsolete. In clause (3), the word “legitimate” is omitted as surplus.
In subsection (c), the words “Secretary of Defense” are substituted for “Department of Defense” because of 10:133.
In subsection (d), the words “Not later than two years after September 3, 1982” are omitted as executed.
§47104. Project grant authority
(a)
(b)
(c)
(1) remaining available after that date under section 47117(b) of this title; or
(2) recovered by the United States Government from grants made under this chapter if the amounts are obligated only for increases under section 47108(b)(2) and (3) of this title in the maximum amount of obligations of the Government for any other grant made under this title.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1252; Pub. L. 103–305, title I, §101(b), Aug. 23, 1994, 108 Stat. 1571; Pub. L. 103–429, §6(63), Oct. 31, 1994, 108 Stat. 4385; Pub. L. 104–264, title I, §101(b), Oct. 9, 1996, 110 Stat. 3216; Pub. L. 105–277, div. C, title I, §110(b)(2), Oct. 21, 1998, 112 Stat. 2681–587; Pub. L. 106–6, §2(b), Mar. 31, 1999, 113 Stat. 10; Pub. L. 106–31, title VI, §6002(b), May 21, 1999, 113 Stat. 113; Pub. L. 106–59, §1(b), Sept. 29, 1999, 113 Stat. 482; Pub. L. 106–181, title I, §101(b), Apr. 5, 2000, 114 Stat. 65; Pub. L. 108–176, title I, §101(b), Dec. 12, 2003, 117 Stat. 2494.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47104(a) | 49 App.:2202(a)(24). | Sept. 3, 1982, Pub. L. 97–248, §503(a)(24), 96 Stat. 674; Dec. 30, 1987, Pub. L. 100–223, §103(c)(1), 101 Stat. 1488. |
| 49 App.:2204(a) (1st sentence). | Sept. 3, 1982, Pub. L. 97–248, §505(a) (1st sentence), 96 Stat. 676. | |
| 47104(b) | 49 App.:2204(b)(1) (1st sentence). | Sept. 3, 1982, Pub. L. 97–248, §505(b)(1), 96 Stat. 677; Nov. 5, 1990, Pub. L. 101–508, §9104(2), 104 Stat. 1388–355; Oct. 31, 1992, Pub. L. 102–581, §102(b), 106 Stat. 4877. |
| 47104(c) | 49 App.:2204(b)(1) (last sentence). |
In subsection (a), the words “project grants” are substituted for “grants . . . for airport development and airport planning by project grants” in 49 App.:2204(a) to eliminate unnecessary words and because of the definitions of “project” and “project grant” in section 47102 of the revised title.
In subsection (b), the words “and such authority shall exist with respect to funds available for the making of grants for any fiscal year or part thereof pursuant to subsection (a) of this section” are omitted as surplus.
In subsection (c), the words “except for obligations of amounts” are substituted for “except that nothing in this section shall preclude the obligation by grant agreement of apportioned funds” to eliminate unnecessary words.
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47104(c) | 49 App.:2204(b)(1) (last sentence). 49App.:2204 note. |
Sept. 3, 1982, Pub. L. 97–248, §505(b)(1) (last sentence), as amended May 26, 1994, Pub. L. 103–260, §109, 108 Stat. 700. |
In subsection (c), the text of section 109(b) of the Airport Improvement Program Temporary Extension Act of 1994 (Public Law 103–260, 108 Stat. 700) is omitted as executed.
Amendments
2003—Subsec. (c). Pub. L. 108–176 substituted “September 30, 2007” for “September 30, 2003” in introductory provisions.
2000—Subsec. (c). Pub. L. 106–181 substituted “September 30, 2003,” for “September 30, 1999,” in introductory provisions.
1999—Subsec. (c). Pub. L. 106–59 substituted “September 30, 1999” for “August 6, 1999” in introductory provisions.
Pub. L. 106–31 substituted “August 6, 1999” for “May 31, 1999” in introductory provisions.
Pub. L. 106–6 substituted “May” for “March” in introductory provisions.
1998—Subsec. (c). Pub. L. 105–277 substituted “March 31, 1999” for “September 30, 1998” in introductory provisions.
1996—Subsec. (c). Pub. L. 104–264 substituted “1998” for “1996” in introductory provisions.
1994—Subsec. (c). Pub. L. 103–429 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “After September 30, 1996, the Secretary may not incur obligations under subsection (b) of this section, except for obligations of amounts remaining available after that date under section 47117(b) of this title.”
Pub. L. 103–305 substituted “After September 30, 1996, the Secretary” for “After September 30, 1993, the Secretary”.
Effective Date of 2003 Amendment
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
Effective Date of 1996 Amendment
Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title.
Design-Build Contracting
Pub. L. 106–181, title I, §139, Apr. 5, 2000, 114 Stat. 85, provided that:
“(a)
“(b)
“(1) the Administrator approves the application using criteria established by the Administrator;
“(2) the design-build contract is in a form that is approved by the Administrator;
“(3) the Administrator is satisfied that the contract will be executed pursuant to competitive procedures and contains a schematic design adequate for the Administrator to approve the grant;
“(4) use of a design-build contract will be cost effective and expedite the project;
“(5) the Administrator is satisfied that there will be no conflict of interest; and
“(6) the Administrator is satisfied that the selection process will be as open, fair, and objective as the competitive bid system and that at least three or more bids will be submitted for each project under the selection process.
“(c)
“(d)
“(e)
§47105. Project grant applications
(a)
(A) a sponsor; or
(B) a State, as the only sponsor, for an airport development project benefitting 1 or more airports in the State or for airport planning for projects for 1 or more airports in the State if—
(i) the sponsor of each airport gives written consent that the State be the applicant;
(ii) the Secretary is satisfied there is administrative merit and aeronautical benefit in the State being the sponsor; and
(iii) an acceptable agreement exists that ensures that the State will comply with appropriate grant conditions and other assurances the Secretary requires.
(2) Before deciding to undertake an airport development project at an airport under this subchapter, a sponsor shall consult with the airport users that will be affected by the project.
(3) This subsection does not authorize a public agency that is subject to the laws of a State to apply for a project grant in violation of a law of the State.
(b)
(1) shall describe the project proposed to be undertaken;
(2) may propose a project only for a public-use airport included in the current national plan of integrated airport systems;
(3) may propose airport development only if the development complies with standards the Secretary prescribes or approves, including standards for site location, airport layout, site preparation, paving, lighting, and safety of approaches; and
(4) shall be in the form and contain other information the Secretary prescribes.
(c)
(d)
(e)
(f)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1253; Pub. L. 103–305, title I, §§106, 107(a), Aug. 23, 1994, 108 Stat. 1572.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47105(a) (1)(A) | 49 App.:2208(a)(1) (1st sentence related to authority to submit applications). | Sept. 3, 1982, Pub. L. 97–248, §§509(a)(1), (c), (d), 511(c), 96 Stat. 682, 685, 688. |
| 47105(a) (1)(B) | 49 App.:2208(a)(3). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §509(a)(3); added Dec. 30, 1987, Pub. L. 100–223, §108, 101 Stat. 1498. |
| 47105(a)(2) | 49 App.:2210(c). | |
| 47105(a)(3) | 49 App.:2208(a)(1) (3d sentence). | |
| 47105(b) | 49 App.:2208(a)(1) (1st sentence related to form and contents, 2d, last sentences). | |
| 47105(c) | 49 App.:2208(c). | |
| 47105(d) | 49 App.:2208(d). | |
| 47105(e) | 49 App.:2208(e). | Sept. 3, 1982, Pub. L. 97–248, §509(e), 96 Stat. 685; Dec. 30, 1987, Pub. L. 100–223, §106(b)(3)(B), 101 Stat. 1498. |
In subsection (a)(1), before clause (A), the words “Subject to the provisions of this subsection” are omitted as surplus. The words “for one or more projects” are omitted as surplus because of the definition of “project grant” in section 47102 of the revised title. Clause (A) is substituted for “(A) any public agency, or two or more public agencies acting jointly, or (B) any sponsor of a public-use airport, or two or more such sponsors, acting jointly” because of the definition of “sponsor” in section 47102 of the revised title.
In subsection (a)(2), the word “Before” is substituted for “In” as the more appropriate word. The words “at an airport” are substituted for “at which such project is proposed” to eliminate unnecessary words. The words “airport users that will be affected by the project” are substituted for “affected parties” for clarity.
Subsection (a)(3) is substituted for 49 App.:2208(a)(1) (3d sentence) to eliminate unnecessary words.
In subsection (b)(1), the words “shall describe” are substituted for “setting forth” for clarity.
In subsection (b)(2), the word “project” is substituted for “airport development or airport planning” because of the definition of “project” in section 47102 of the revised title. The words “prepared pursuant to section 2203 of the Appendix” are eliminated as unnecessary.
In subsection (c), the words “from time to time” are eliminated as unnecessary.
In subsection (d), the words “in connection with any project” are omitted as surplus. The words “that the sponsor will comply with this subchapter in carrying out the project” are substituted for “that such sponsor will comply with all of the statutory and administrative requirements imposed on such sponsor under this chapter in connection with such project” to eliminate unnecessary words. The words “or discharge” are omitted as included in “affect”. The words “including, but not limited to, the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), section 303 of title 49, title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000b) [42 U.S.C. 2000d et seq.], title VIII of the Act of April 11, 1968 (42 U.S.C. 3601 et seq.), and the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.)” are omitted as included in “another law of the United States”.
In subsection (e), the words “of an airport for which” are substituted for “to which” for clarity.
Amendments
1994—Subsec. (a)(1)(B). Pub. L. 103–305, §106, in introductory provisions, substituted “1 or more airports” for “at least 2 airports” in two places and struck out “similar” before “projects”.
Subsecs. (e), (f). Pub. L. 103–305, §107(a), added subsec. (e) and redesignated former subsec. (e) as (f).
§47106. Project grant application approval conditioned on satisfaction of project requirements
(a)
(1) the project is consistent with plans (existing at the time the project is approved) of public agencies authorized by the State in which the airport is located to plan for the development of the area surrounding the airport;
(2) the project will contribute to carrying out this subchapter;
(3) enough money is available to pay the project costs that will not be paid by the United States Government under this subchapter;
(4) the project will be completed without unreasonable delay; and
(5) the sponsor has authority to carry out the project as proposed.
(b)
(1) the sponsor, a public agency, or the Government holds good title to the areas of the airport used or intended to be used for the landing, taking off, or surface maneuvering of aircraft, or that good title will be acquired;
(2) the interests of the community in or near which the project may be located have been given fair consideration; and
(3) the application provides touchdown zone and centerline runway lighting, high intensity runway lighting, or land necessary for installing approach light systems that the Secretary, considering the category of the airport and the kind and volume of traffic using it, decides is necessary for safe and efficient use of the airport by aircraft.
(c)
(A) only if the sponsor certifies to the Secretary that—
(i) an opportunity for a public hearing was given to consider the economic, social, and environmental effects of the location and the location's consistency with the objectives of any planning that the community has carried out;
(ii) the airport management board has voting representation from the communities in which the project is located or has advised the communities that they have the right to petition the Secretary about a proposed project; and
(iii) with respect to an airport development project involving the location of an airport, runway, or major runway extension at a medium or large hub airport, the airport sponsor has made available to and has provided upon request to the metropolitan planning organization in the area in which the airport is located, if any, a copy of the proposed amendment to the airport layout plan to depict the project and a copy of any airport master plan in which the project is described or depicted; and
(B) if the application is found to have a significant adverse effect on natural resources, including fish and wildlife, natural, scenic, and recreation assets, water and air quality, or another factor affecting the environment, only after finding that no possible and prudent alternative to the project exists and that every reasonable step has been taken to minimize the adverse effect.
(2) The Secretary may approve an application under this subchapter for an airport development project that does not involve the location of an airport or runway, or a major runway extension, at an existing airport without requiring an environmental impact statement related to noise for the project if—
(A) completing the project would allow operations at the airport involving aircraft complying with the noise standards prescribed for “stage 3” aircraft in section 36.1 of title 14, Code of Federal Regulations, to replace existing operations involving aircraft that do not comply with those standards; and
(B) the project meets the other requirements under this subchapter.
(3) At the Secretary's request, the sponsor shall give the Secretary a copy of the transcript of any hearing held under paragraph (1)(A) of this subsection.
(4) The Secretary may make a finding under paragraph (1)(B) of this subsection only after completely reviewing the matter. The review and finding must be a matter of public record.
(d)
(A) the Secretary provides the sponsor an opportunity for a hearing; and
(B) not later than 180 days after the later of the date of the application or the date the Secretary discovers the noncompliance, the Secretary finds that a violation has occurred.
(2) The 180-day period may be extended by—
(A) agreement between the Secretary and the sponsor; or
(B) the hearing officer if the officer decides an extension is necessary because the sponsor did not follow the schedule the officer established.
(3) A person adversely affected by an order of the Secretary withholding approval may obtain review of the order by filing a petition in the United States Court of Appeals for the District of Columbia Circuit or in the court of appeals of the United States for the circuit in which the project is located. The action must be brought not later than 60 days after the order is served on the petitioner.
(e)
(1) the fees charged to air carriers (including landing fees), and other costs that will be incurred by air carriers, for using the proposed airport;
(2) air transportation that will be provided in the geographic region of the proposed airport; and
(3) the availability and cost of providing air transportation to rural areas in such geographic region.
(f)
(1)
(2)
(3)
(4)
(A) that has more than .25 percent of the total number of passenger boardings each year at all such airports; and
(B) at which one or two air carriers control more than 50 percent of the passenger boardings.
(g)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1254; Pub. L. 103–305, title I, §§108, 109, Aug. 23, 1994, 108 Stat. 1573; Pub. L. 106–181, title I, §155(b), Apr. 5, 2000, 114 Stat. 88; Pub. L. 107–71, title I, §123(a), Nov. 19, 2001, 115 Stat. 630; Pub. L. 107–296, title IV, §426(b), Nov. 25, 2002, 116 Stat. 2187; Pub. L. 108–176, title I, §187, title III, §305, Dec. 12, 2003, 117 Stat. 2518, 2539.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47106(a) | 49 App.:2208(b) (1)(A)–(D). | Sept. 3, 1982, Pub. L. 97–248, §§503(a)(8), 509(b)(1)(A)– (D), (2)–(4), (5) (last sentence words after 11th comma), (6)(B)–(8), 96 Stat. 673, 683, 684. |
| 47106(b) | 49 App.:2202(a)(8). | |
| 49 App.:2208(b) (2)–(4). | ||
| 47106(c) (1)(A) | 49 App.:2208(b)(6)(A). | Sept. 3, 1982, Pub. L. 97–248, §509(b)(6)(A), 96 Stat. 684; Oct. 31, 1992, Pub. L. 102–581, §113(b), 106 Stat. 4881. |
| 47106(c) (1)(B) | 49 App.:2208(b)(7)(A) (1st, 2d sentences). | |
| 47106(c) (1)(C) | 49 App.:2208(b)(5) (last sentence words between 11th and 12th commas and after last comma). | |
| 47106(c)(2) | 49 App.:2208(b)(8). | |
| 47106(c)(3) | 49 App.:2208(b)(6)(B). | |
| 47106(c)(4) | 49 App.:2208(b)(7)(A) (last sentence), (B). | |
| 47106(c)(5) | 49 App.:2208(b)(5) (last sentence words between 12th and last commas). | |
| 47106(d) | 49 App.:1731. | May 21, 1970, Pub. L. 91–258, 84 Stat. 219, §31; added Feb. 18, 1980, Pub. L. 96–193, §206, 94 Stat. 55; Sept. 3, 1982, Pub. L. 97–248, §524(e), 96 Stat. 697. |
| 47106(e) | 49 App.:2218(b) (related to application). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §519(b) (related to application); added Dec. 30, 1987, Pub. L. 100–223, §112(2), 101 Stat. 1504. |
In subsection (a)(1), the word “reasonably” is omitted as surplus.
In subsection (a)(2), the words “carrying out” are substituted for “accomplishment of the purposes of” for consistency in the revised title.
In subsection (a)(3), the words “that portion of” are omitted as surplus.
In subsection (a)(5), the words “which submitted the project grant application” and “legal” are omitted as surplus.
In subsection (b), before clause (1), the words “for an airport” are added for clarity. In clause (1), the words “or an agency thereof” are omitted surplus. In clause (3), the words “that the Secretary . . . decides is necessary” are substituted for “when it is determined by the Secretary that any such item is required” to eliminate unnecessary words.
In subsection (c)(1)(B), before subclause (i), the words “chief executive officer” are substituted for “Governor” because this chapter applies to the District of Columbia which does not have a Governor. The words “except that the Administrator of the Environmental Protection Agency shall make the certification instead of the chief executive officer if” are substituted for “In any case where . . . certification shall be obtained from such Administrator” for clarity. Subclause (i) is substituted for “such standards have not been approved” for clarity.
In subsection (c)(2), before clause (A), the words “Notwithstanding any other provision of law” are omitted as surplus. The words “that does not involve the location of an airport or runway, or a major runway extension” are substituted for “(other than an airport development project in which paragraph (7)(A) applies)” for clarity. The words “the preparation of” are omitted as surplus. In clause (B), the words “statutory and administrative” are omitted as surplus.
In subsection (c)(4)(A), the words “to the Secretary” are added for clarity.
In subsection (c)(5), the words “full and” are omitted as surplus. The words “in writing” are omitted as surplus because of the requirement that the decision be a matter of public record.
In subsection (d)(1), the words “(as defined by section 1711(8) of this Appendix, as in effect on February 18, 1980)” are omitted because of the definition of “air carrier airport” in section 47102 of the revised title.
In subsection (d)(2), the words “Notwithstanding any other provision of the Airport and Airway Improvement Act of 1982 [49 App. U.S.C. 2201 et seq.]” and “single” are omitted as surplus.
In subsection (e)(1) and (2), the word “sponsor” is substituted for “applicant” for consistency.
In subsection (e)(1), before clause (A), the words “under this subchapter” are added for consistency in this section. The word “other” is omitted as surplus.
In subsection (e)(2)(A), the word “mutual” is omitted as surplus.
In subsection (e)(3), the words “adversely affected” are substituted for “aggrieved” for consistency in the revised title and with other titles of the United States Code. The words “the date on which” are omitted as surplus.
Amendments
2003—Subsec. (c)(1)(A)(iii). Pub. L. 108–176, §305(1), inserted “and” after semicolon at end.
Pub. L. 108–176, §187, added cl. (iii).
Subsec. (c)(1)(B), (C). Pub. L. 108–176, §305(2), (3), redesignated subpar. (C) as (B) and struck out former subpar. (B) which read as follows: “only if the chief executive officer of the State in which the project will be located certifies in writing to the Secretary that there is reasonable assurance that the project will be located, designed, constructed, and operated in compliance with applicable air and water quality standards, except that the Administrator of the Environmental Protection Agency shall make the certification instead of the chief executive officer if—
“(i) the State has not approved any applicable State or local standards; and
“(ii) the Administrator has prescribed applicable standards; and”.
Subsec. (c)(2)(A). Pub. L. 108–176, §305(4), substituted “stage 3” for “stage 2”.
Subsec. (c)(4), (5). Pub. L. 108–176, §305(5)–(7), redesignated par. (5) as (4), substituted “paragraph (1)(B)” for “paragraph (1)(C)”, and struck out former par. (4) which read as follows:
“(4)(A) Notice of certification or of refusal to certify under paragraph (1)(B) of this subsection shall be provided to the Secretary not later than 60 days after the Secretary receives the application.
“(B) The Secretary shall condition approval of the application on compliance with the applicable standards during construction and operation.”
2002—Subsec. (g). Pub. L. 107–296 added subsec. (g).
2001—Subsec. (f)(3), (4). Pub. L. 107–71, which directed the amendment of section 47106(f) by adding par. (3) and redesignating former par. (3) as (4), without specifying the Code title to be amended, was executed by making the amendments to this section, to reflect the probable intent of Congress.
2000—Subsec. (f). Pub. L. 106–181 added subsec. (f).
1994—Subsecs. (d), (e). Pub. L. 103–305 added subsec. (e), redesignated former subsec. (e) as (d), and struck out former subsec. (d) which read as follows:
“(d)
“(2) The Secretary may approve an application under this subchapter for an airport development project included in a project grant application involving the construction or extension of a runway at a general aviation airport located on both sides of a boundary line separating 2 counties within a State only if, before the application is submitted to the Secretary, the project is approved by the governing body of each village incorporated under the laws of the State and located entirely within 5 miles of the nearest boundary of the airport.”
Effective Date of 2003 Amendment
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
Effective Date of 2002 Amendment
Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.
Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
Environmental Review of Airport Improvement Projects
Pub. L. 106–181, title III, §310, Apr. 5, 2000, 114 Stat. 128, provided that:
“(a)
“(b)
“(1) the current level of coordination among Federal and State agencies in conducting environmental reviews in the planning and approval of airport improvement projects;
“(2) the role of public involvement in the planning and approval of airport improvement projects;
“(3) the staffing and other resources associated with conducting such environmental reviews; and
“(4) the time line for conducting such environmental reviews.
“(c)
“(d)
Grants for Engineered Materials Arresting Systems
Pub. L. 106–181, title V, §514(c), Apr. 5, 2000, 114 Stat. 144, provided that: “In making grants under section 47104 of title 49, United States Code, for engineered materials arresting systems, the Secretary [of Transportation] shall require the sponsor to demonstrate that the effects of jet blasts have been adequately considered.”
Grants for Runway Rehabilitation
Pub. L. 106–181, title V, §514(d), Apr. 5, 2000, 114 Stat. 144, provided that: “In any case in which an airport's runways are constrained by physical conditions, the Secretary [of Transportation] shall consider alternative means for ensuring runway safety (other than a safety overrun area) when prescribing conditions for grants for runway rehabilitation.”
Compliance With Requirements
Pub. L. 106–181, title VII, §737, Apr. 5, 2000, 114 Stat. 172, provided that: “Notwithstanding any other provision of law, in order to avoid unnecessary duplication of expense and effort, the Secretary [of Transportation] may authorize the use, in whole or in part, of a completed environmental assessment or environmental impact study for new construction projects on the air operations area of an airport, if the completed assessment or study was for a project at the airport that is substantially similar in nature to the new project. Any such authorized use shall meet all requirements of Federal law for the completion of such an assessment or study.”
§47107. Project grant application approval conditioned on assurances about airport operations
(a)
(1) the airport will be available for public use on reasonable conditions and without unjust discrimination;
(2) air carriers making similar use of the airport will be subject to substantially comparable charges—
(A) for facilities directly and substantially related to providing air transportation; and
(B) regulations and conditions, except for differences based on reasonable classifications, such as between—
(i) tenants and nontenants; and
(ii) signatory and nonsignatory carriers;
(3) the airport operator will not withhold unreasonably the classification or status of tenant or signatory from an air carrier that assumes obligations substantially similar to those already imposed on air carriers of that classification or status;
(4) a person providing, or intending to provide, aeronautical services to the public will not be given an exclusive right to use the airport, with a right given to only one fixed-base operator to provide services at an airport deemed not to be an exclusive right if—
(A) the right would be unreasonably costly, burdensome, or impractical for more than one fixed-base operator to provide the services; and
(B) allowing more than one fixed-base operator to provide the services would require reducing the space leased under an existing agreement between the one fixed-base operator and the airport owner or operator;
(5) fixed-base operators similarly using the airport will be subject to the same charges;
(6) an air carrier using the airport may service itself or use any fixed-base operator allowed by the airport operator to service any carrier at the airport;
(7) the airport and facilities on or connected with the airport will be operated and maintained suitably, with consideration given to climatic and flood conditions;
(8) a proposal to close the airport temporarily for a nonaeronautical purpose must first be approved by the Secretary;
(9) appropriate action will be taken to ensure that terminal airspace required to protect instrument and visual operations to the airport (including operations at established minimum flight altitudes) will be cleared and protected by mitigating existing, and preventing future, airport hazards;
(10) appropriate action, including the adoption of zoning laws, has been or will be taken to the extent reasonable to restrict the use of land next to or near the airport to uses that are compatible with normal airport operations;
(11) each of the airport's facilities developed with financial assistance from the United States Government and each of the airport's facilities usable for the landing and taking off of aircraft always will be available without charge for use by Government aircraft in common with other aircraft, except that if the use is substantial, the Government may be charged a reasonable share, proportionate to the use, of the cost of operating and maintaining the facility used;
(12) the airport owner or operator will provide, without charge to the Government, property interests of the sponsor in land or water areas or buildings that the Secretary decides are desirable for, and that will be used for, constructing at Government expense, facilities for carrying out activities related to air traffic control or navigation;
(13) the airport owner or operator will maintain a schedule of charges for use of facilities and services at the airport—
(A) that will make the airport as self-sustaining as possible under the circumstances existing at the airport, including volume of traffic and economy of collection; and
(B) without including in the rate base used for the charges the Government's share of costs for any project for which a grant is made under this subchapter or was made under the Federal Airport Act or the Airport and Airway Development Act of 1970;
(14) the project accounts and records will be kept using a standard system of accounting that the Secretary, after consulting with appropriate public agencies, prescribes;
(15) the airport owner or operator will submit any annual or special airport financial and operations reports to the Secretary that the Secretary reasonably requests and make such reports available to the public;
(16) the airport owner or operator will maintain a current layout plan of the airport that meets the following requirements:
(A) the plan will be in a form the Secretary prescribes;
(B) the Secretary will approve the plan and any revision or modification before the plan, revision, or modification takes effect;
(C) the owner or operator will not make or allow any alteration in the airport or any of its facilities if the alteration does not comply with the plan the Secretary approves, and the Secretary is of the opinion that the alteration may affect adversely the safety, utility, or efficiency of the airport; and
(D) when an alteration in the airport or its facility is made that does not conform to the approved plan and that the Secretary decides adversely affects the safety, utility, or efficiency of any property on or off the airport that is owned, leased, or financed by the Government, the owner or operator, if requested by the Secretary, will—
(i) eliminate the adverse effect in a way the Secretary approves; or
(ii) bear all cost of relocating the property or its replacement to a site acceptable to the Secretary and of restoring the property or its replacement to the level of safety, utility, efficiency, and cost of operation that existed before the alteration was made;
(17) each contract and subcontract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping, and related services will be awarded in the same way that a contract for architectural and engineering services is negotiated under chapter 11 of title 40 or an equivalent qualifications-based requirement prescribed for or by the sponsor;
(18) the airport and each airport record will be available for inspection by the Secretary on reasonable request, and a report of the airport budget will be available to the public at reasonable times and places;
(19) the airport owner or operator will submit to the Secretary and make available to the public an annual report listing in detail—
(A) all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and
(B) all services and property provided to other units of government and the amount of compensation received for provision of each such service and property;
(20) the airport owner or operator will permit, to the maximum extent practicable, intercity buses or other modes of transportation to have access to the airport, but the sponsor does not have any obligation under this paragraph, or because of it, to fund special facilities for intercity bus service or for other modes of transportation; and
(21) if the airport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owner's expense, the airport owner or operator will grant to the aircraft owner for the hangar a long-term lease that is subject to such terms and conditions on the hangar as the airport owner or operator may impose.
(b)
(A) the airport;
(B) the local airport system; or
(C) other local facilities owned or operated by the airport owner or operator and directly and substantially related to the air transportation of passengers or property.
(2) Paragraph (1) of this subsection does not apply if a provision enacted not later than September 2, 1982, in a law controlling financing by the airport owner or operator, or a covenant or assurance in a debt obligation issued not later than September 2, 1982, by the owner or operator, provides that the revenues, including local taxes on aviation fuel at public airports, from any of the facilities of the owner or operator, including the airport, be used to support not only the airport but also the general debt obligations or other facilities of the owner or operator.
(3) This subsection does not prevent the use of a State tax on aviation fuel to support a State aviation program or the use of airport revenue on or off the airport for a noise mitigation purpose.
(c)
(A)(i) the land may be needed for an aeronautical purpose (including runway protection zone) or serves as noise buffer land; and
(ii) revenue from interim uses of the land contributes to the financial self-sufficiency of the airport; and
(B) for land purchased with a grant the owner or operator received not later than December 30, 1987, the Secretary of Transportation or the department, agency, or instrumentality of the Government that made the grant was notified by the owner or operator of the use of the land and did not object to the use and the land is still being used for that purpose.
(2) The Secretary of Transportation may approve an application under this subchapter for an airport development project grant only if the Secretary receives written assurances, satisfactory to the Secretary, that if an airport owner or operator has received or will receive a grant for acquiring land and—
(A) if the land was or will be acquired for a noise compatibility purpose—
(i) the owner or operator will dispose of the land at fair market value at the earliest practicable time after the land no longer is needed for a noise compatibility purpose;
(ii) the disposition will be subject to retaining or reserving an interest in the land necessary to ensure that the land will be used in a way that is compatible with noise levels associated with operating the airport; and
(iii) the part of the proceeds from disposing of the land that is proportional to the Government's share of the cost of acquiring the land will be paid to the Secretary for deposit in the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502) or, as the Secretary prescribes, reinvested in an approved noise compatibility project, including the purchase of nonresidential buildings or property in the vicinity of residential buildings or property previously purchased by the airport as part of a noise compatibility program; or
(B) if the land was or will be acquired for an airport purpose (except a noise compatibility purpose)—
(i) the owner or operator, when the land no longer is needed for an airport purpose, will dispose of the land at fair market value or make available to the Secretary an amount equal to the Government's proportional share of the fair market value;
(ii) the disposition will be subject to retaining or reserving an interest in the land necessary to ensure that the land will be used in a way that is compatible with noise levels associated with operating the airport; and
(iii) the part of the proceeds from disposing of the land that is proportional to the Government's share of the cost of acquiring the land will be reinvested, on application to the Secretary, in another eligible airport development project the Secretary approves under this subchapter or paid to the Secretary for deposit in the Fund if another eligible project does not exist.
(3) Proceeds referred to in paragraph (2)(A)(iii) and (B)(iii) of this subsection and deposited in the Airport and Airway Trust Fund are available as provided in subsection (f) of this section.
(d)
(e)
(2) An airport owner or operator may meet the percentage goal of paragraph (1) of this subsection by including any business operated through a management contract or subcontract. The dollar amount of a management contract or subcontract with a disadvantaged business enterprise shall be added to the total participation by disadvantaged business enterprises in airport concessions and to the base from which the airport's percentage goal is calculated. The dollar amount of a management contract or subcontract with a non-disadvantaged business enterprise and the gross revenue of business activities to which the management contract or subcontract pertains may not be added to this base.
(3) Except as provided in paragraph (4) of this subsection, an airport owner or operator may meet the percentage goal of paragraph (1) of this subsection by including the purchase from disadvantaged business enterprises of goods and services used in businesses conducted at the airport, but the owner or operator and the businesses conducted at the airport shall make good faith efforts to explore all available options to achieve, to the maximum extent practicable, compliance with the goal through direct ownership arrangements, including joint ventures and franchises.
(4)(A) In complying with paragraph (1) of this subsection, an airport owner or operator shall include the revenues of car rental firms at the airport in the base from which the percentage goal in paragraph (1) is calculated.
(B) An airport owner or operator may require a car rental firm to meet a requirement under paragraph (1) of this subsection by purchasing or leasing goods or services from a disadvantaged business enterprise. If an owner or operator requires such a purchase or lease, a car rental firm shall be permitted to meet the requirement by including purchases or leases of vehicles from any vendor that qualifies as a small business concern owned and controlled by a socially and economically disadvantaged individual or as a qualified HUBZone small business concern (as defined in section 3(p) of the Small Business Act).
(C) This subsection does not require a car rental firm to change its corporate structure to provide for direct ownership arrangements to meet the requirements of this subsection.
(5) This subsection does not preempt—
(A) a State or local law, regulation, or policy enacted by the governing body of an airport owner or operator; or
(B) the authority of a State or local government or airport owner or operator to adopt or enforce a law, regulation, or policy related to disadvantaged business enterprises.
(6) An airport owner or operator may provide opportunities for a small business concern owned and controlled by a socially and economically disadvantaged individual or a qualified HUBZone small business concern (as defined in section 3(p) of the Small Business Act) to participate through direct contractual agreement with that concern.
(7) An air carrier that provides passenger or property-carrying services or another business that conducts aeronautical activities at an airport may not be included in the percentage goal of paragraph (1) of this subsection for participation of small business concerns at the airport.
(8) Not later than April 29, 1993, the Secretary of Transportation shall prescribe regulations to carry out this subsection.
(f)
(1) subsection (c)(2)(A)(iii) of this section is available to the Secretary of Transportation to make a grant for airport development or airport planning under section 47104 of this title;
(2) subsection (c)(2)(B)(iii) of this section is available to the Secretary—
(A) to make a grant for a purpose described in section 47115(b) of this title; and
(B) for use under section 47114(d)(2) of this title at another airport in the State in which the land was disposed of under subsection (c)(2)(B)(ii) of this section; and
(3) subsection (c)(2)(B)(iii) of this section is in addition to an amount made available to the Secretary under section 48103 of this title and not subject to apportionment under section 47114 of this title.
(g)
(A) shall prescribe requirements for sponsors that the Secretary considers necessary; and
(B) may make a contract with a public agency.
(2) The Secretary of Transportation may approve an application for a project grant only if the Secretary is satisfied that the requirements prescribed under paragraph (1)(A) of this subsection have been or will be met.
(h)
(1)
(A) publish notice of the proposed modification in the Federal Register; and
(B) provide an opportunity for comment on the proposal.
(2)
(i)
(j)
(A) “duty-free merchandise” and “duty-free sales enterprise” have the same meanings given those terms in section 555(b)(8) of the Tariff Act of 1930 (19 U.S.C. 1555(b)(8)).
(B) “highway” and “Federal-aid system” have the same meanings given those terms in section 101(a) of title 23.
(2) Notwithstanding subsection (b)(1) of this section, Hawaii may use, for a project for construction or reconstruction of a highway on a Federal-aid system that is not more than 10 miles by road from an airport and that will facilitate access to the airport, revenue from the sales at off-airport locations in Hawaii of duty-free merchandise under a contract between Hawaii and a duty-free sales enterprise. However, the revenue resulting during a Hawaiian fiscal year may be used only if the amount of the revenue, plus amounts Hawaii receives in the fiscal year from all other sources for costs Hawaii incurs for operating all airports it operates and for debt service related to capital projects for the airports (including interest and amortization of principal costs), is more than 150 percent of the projected costs for the fiscal year.
(3)(A) Revenue from sales referred to in paragraph (2) of this subsection in a Hawaiian fiscal year that Hawaii may use may not be more than the amount that is greater than 150 percent as determined under paragraph (2).
(B) The maximum amount of revenue Hawaii may use under paragraph (2) of this subsection is $250,000,000.
(4) If a fee imposed or collected for rent, landing, or service from an aircraft operator by an airport operated by Hawaii is increased during the period from May 4, 1990, through December 31, 1994, by more than the percentage change in the Consumer Price Index of All Urban Consumers for Honolulu, Hawaii, that the Secretary of Labor publishes during that period and if revenue derived from the fee increases because the fee increased, the amount under paragraph (3)(B) of this subsection shall be reduced by the amount of the projected revenue increase in the period less the part of the increase attributable to changes in the Index in the period.
(5) Hawaii shall determine costs, revenue, and projected revenue increases referred to in this subsection and shall submit the determinations to the Secretary of Transportation. A determination is approved unless the Secretary disapproves it not later than 30 days after it is submitted.
(6) Hawaii is not eligible for a grant under section 47115 of this title in a fiscal year in which Hawaii uses under paragraph (2) of this subsection revenue from sales referred to in paragraph (2). Hawaii shall repay amounts it receives in a fiscal year under a grant it is not eligible to receive because of this paragraph to the Secretary of Transportation for deposit in the discretionary fund established under section 47115.
(7)(A) This subsection applies only to revenue from sales referred to in paragraph (2) of this subsection from May 5, 1990, through December 30, 1994, and to amounts in the Airport Revenue Fund of Hawaii that are attributable to revenue before May 4, 1990, on sales referred to in paragraph (2).
(B) Revenue from sales referred to in paragraph (2) of this subsection from May 5, 1990, through December 30, 1994, may be used under paragraph (2) in any Hawaiian fiscal year, including a Hawaiian fiscal year beginning after December 31, 1994.
(k)
(l)
(1)
(2)
(A) direct payments or indirect payments, other than payments reflecting the value of services and facilities provided to the airport;
(B) use of airport revenues for general economic development, marketing, and promotional activities unrelated to airports or airport systems;
(C) payments in lieu of taxes or other assessments that exceed the value of services provided; or
(D) payments to compensate nonsponsoring governmental bodies for lost tax revenues exceeding stated tax rates.
(3)
(4)
(5)
(A) any request by a sponsor or any other governmental entity to any airport for additional payments for services conducted off of the airport or for reimbursement for capital contributions or operating expenses shall be filed not later than 6 years after the date on which the expense is incurred; and
(B) any amount of airport funds that are used to make a payment or reimbursement as described in subparagraph (A) after the date specified in that subparagraph shall be considered to be an illegal diversion of airport revenues that is subject to subsection (n).
(m)
(1)
(2)
(n)
(1)
(A) review the audit or report;
(B) perform appropriate factfinding; and
(C) conduct a hearing and render a final determination concerning whether the illegal diversion of airport revenues asserted in the audit or report occurred.
(2)
(A) the finding; and
(B) the obligations of the sponsor to reimburse the airport involved under this paragraph.
(3)
(A) receives notification that the sponsor is required to reimburse an airport; and
(B) has had an opportunity to reimburse the airport, but has failed to do so.
(4)
(5)
(A)
(B)
(6)
(7)
(o)
(1)
(2)
(3)
(4)
(A) be the rate in effect on the date on which interest begins to accrue under paragraph (3); and
(B) remain at a rate fixed under subparagraph (A) during the duration of the indebtedness.
(p)
(q) Notwithstanding any written assurances prescribed in subsections (a) through (p), a general aviation airport with more than 300,000 annual operations may be exempt from having to accept scheduled passenger air carrier service, provided that the following conditions are met:
(1) No scheduled passenger air carrier has provided service at the airport within 5 years prior to January 1, 2002.
(2) The airport is located within or underneath the Class B airspace of an airport that maintains an airport operating certificate pursuant to section 44706 of title 49.
(3) The certificated airport operating under section 44706 of title 49 does not contribute to significant passenger delays as defined by DOT/FAA in the “Airport Capacity Benchmark Report 2001”.
(r) An airport that meets the conditions of subsections (q)(1) through (3) is not subject to section 47524 of title 49 with respect to a prohibition on all scheduled passenger service.
(s)
(1)
(2)
(A) describes the requests;
(B) provides an explanation as to why the requests could not be accommodated; and
(C) provides a time frame within which, if any, the airport will be able to accommodate the requests.
(3)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1256; Pub. L. 103–305, title I, §§111(a), (c), 112(a), Aug. 23, 1994, 108 Stat. 1573, 1574; Pub. L. 104–264, title I, §143, title VIII, §805(a), (b)(2), Oct. 9, 1996, 110 Stat. 3221, 3271, 3274; Pub. L. 104–287, §5(9), (80), Oct. 11, 1996, 110 Stat. 3389, 3397; Pub. L. 105–135, title VI, §604(h)(1), Dec. 2, 1997, 111 Stat. 2634; Pub. L. 106–181, title I, §125(a), Apr. 5, 2000, 114 Stat. 75; Pub. L. 107–217, §3(n)(7), Aug. 21, 2002, 116 Stat. 1303; Pub. L. 108–7, div. I, title III, §321(a), Feb. 20, 2003, 117 Stat. 411; Pub. L. 108–11, title II, §2702, Apr. 16, 2003, 117 Stat. 600; Pub. L. 108–176, title I, §§144, 164, 165, title IV, §424, Dec. 12, 2003, 117 Stat. 2503, 2513, 2514, 2554.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47107(a) | 49 App.:2202(a)(6). | Sept. 3, 1982, Pub. L. 97–248, §§503(a)(6), 505(b)(2), 509(b)(1)(E), 511(a)(1)(B), (C), (2), (5)–(10), (b), 96 Stat. 673, 677, 683, 686, 687. |
| 49 App.:2208(b)(1)(E) (related to 49 App.:2210(a) (1)–(11), (15), (16)). | ||
| 49 App.:2210(a)(1)(A). | Sept. 3, 1982, Pub. L. 97–248, §511(a)(1)(A), 96 Stat. 686; Dec. 30, 1987, Pub. L. 100–223, §109(a), 101 Stat. 1499. | |
| 49 App.:2210(a)(1)(B), (C), (2). | ||
| 49 App.:2210(a)(3). | Sept. 3, 1982, Pub. L. 97–248, §511(a)(3), 96 Stat. 686; Dec. 30, 1987, Pub. L. 100–223, §109(b), 101 Stat. 1499. | |
| 49 App.:2210(a)(4). | Sept. 3, 1982, Pub. L. 97–248, §511(a)(4), 96 Stat. 686; restated Dec. 30, 1987, Pub. L. 100–223, §109(c), 101 Stat. 1499. | |
| 49 App.:2210(a) (5)–(10). | ||
| 49 App.:2210(a)(11). | Sept. 3, 1982, Pub. L. 97–248, §511(a)(11), 96 Stat. 687; Oct. 31, 1992, Pub. L. 102–581, §113(a), 106 Stat. 4881. | |
| 49 App.:2210(a)(15). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §511(a)(15); added Dec. 30, 1987, Pub. L. 100–223, §109(f), 101 Stat. 1500. | |
| 49 App.:2210(a)(16). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §511(a)(16); added Dec. 30, 1987, Pub. L. 100–223, §109(g), 101 Stat. 1501. | |
| 47107(b)(1), (2) | 49 App.:2208(b)(1)(E) (related to 49 App.:2210(a)(12)). | |
| 49 App.:2210(a)(12). | Sept. 3, 1982, Pub. L. 97–248, §511(a)(12), 96 Stat. 687; restated Dec. 30, 1987, Pub. L. 100–223, §109(d), 101 Stat. 1499. | |
| 47107(b)(3) | 49 App.:2210(d). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §511(d); added Dec. 30, 1987, Pub. L. 100–223, §109(i), 101 Stat. 1501. |
| 47107(c)(1), (2) | 49 App.:2202(a)(24). | Sept. 3, 1982, Pub. L. 97–248, §503(a)(24), 96 Stat. 674; Dec. 30, 1987, Pub. L. 100–223, §103(c)(1), 101 Stat. 1488. |
| 49 App.:2208(b)(1)(E) (related to 49 App.:2210(a)(13), (14)). | ||
| 49 App.:2210(a)(13). | Sept. 3, 1982, Pub. L. 97–248, §511(a)(13), 96 Stat. 688; restated Dec. 30, 1987, Pub. L. 100–223, §109(e), 101 Stat. 1499. | |
| 49 App.:2210(a)(14). | Sept. 3, 1982, Pub. L. 97–248, §511(a)(14), 96 Stat. 688; Dec. 30, 1987, Pub. L. 100–223, §109(e), 101 Stat. 1499; restated Dec. 15, 1989, Pub. L. 101–236, §4, 103 Stat. 2061. | |
| 47107(c)(3) | (no source). | |
| 47107(d) | 49 App.:2204(b)(2). | |
| 49 App.:2208(b)(1)(E) (related to 49 App.:2204(b)(2)). | ||
| 47107(e) | 49 App.:2208(b)(1)(E) (related to 49 App.:2210(a)(17)). | |
| 49 App.:2210(a)(17). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §511(a)(17); added Dec. 30, 1987, Pub. L. 100–223, §109(h), 101 Stat. 1501; Oct. 31, 1992, Pub. L. 102–581, §117(a), 106 Stat. 4882. | |
| 49 App.:2210(h). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §511(h); added Oct. 31, 1992, Pub. L. 102–581, §117(b), 106 Stat. 4882. | |
| 49 App.:2210 (note). | Oct. 31, 1992, Pub. L. 102–581, §117(d), 106 Stat. 4883. | |
| 47107(f) | 49 App.:2210(e). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §511(e); added Dec. 30, 1987, Pub. L. 100–223, §109(j), 101 Stat. 1501. |
| 47107(g)(1) | 49 App.:2210(b) (1st, 2d sentences). | |
| 47107(g)(2) | 49 App.:2208(b)(1)(E) (related to 49 App.:2210(b)). | |
| 47107(h) | 49 App.:2210(f). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §511(f); added Dec. 30, 1987, Pub. L. 100–223, §109(k), 101 Stat. 1502. |
| 47107(i) | 49 App.:2210(b) (last sentence). | |
| 47107(j)(1) | 49 App.:2210(g)(4)(B), (D). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §511(g); added May 4, 1990, Pub. L. 101–281, §2, 104 Stat. 164. |
| 47107(j)(2) | 49 App.:2210(g)(1), (2)(B), (4)(A), (C). | |
| 47107(j)(3) | 49 App.:2210(g)(2)(C), (D). | |
| 47107(j)(4) | 49 App.:2210(g)(2)(E). | |
| 47107(j)(5) | 49 App.:2210(g)(2)(F). | |
| 47107(j)(6) | 49 App.:2210(g)(2)(G). | |
| 47107(j) (7)(A) | 49 App.:2210(g)(2)(A). | |
| 47107(j) (7)(B) | 49 App.:2210(g)(3). |
In subsection (a), before clause (1), the words “may approve a project grant application under this subchapter for an airport development project only if” are substituted for 49 App.:2208(b)(1)(E) (related to 49 App.:2210(a)) and the words “As a condition precedent to approval of an airport development project contained in a project grant application submitted under this chapter . . . shall” in 49 App.:2210(a) for clarity and to eliminate unnecessary words. In clause (1), the words “to which the project relates” and “fair and” are omitted as surplus. In clause (2), before subclause (A), the words “including the requirement that” are omitted as unnecessary because of the restatement. The words “air carriers making similar use of the airport” are substituted for “each air carrier using such airport (whether as a tenant, nontenant, or subtenant of another air carrier tenant) . . . all such air carriers which make similar use of such airport” to eliminate unnecessary words. The words “and which utilize similar facilities” are omitted because of the definition of “airport” in section 47102 of the revised title. The words “nondiscriminatory and” and “rates, fees, rentals, and other” are omitted as surplus. In subclause (B), before subclause (i), the words “except for differences based on” are substituted for “subject to” for clarity. In clause (3), the words “airport operator” are substituted for “airport” for clarity and consistency in this chapter. In clause (4), before subclause (A), the words “a right given to only one fixed-base operator to provide services at an airport” are substituted for “the providing of services at an airport by a single fixed-based operator” for clarity. In subclause (B), the words “the airport operator or owner” are substituted for “such airport” for clarity and consistency in this subchapter. Clause (5) is substituted for 49 App.:2210(a)(1)(B) for consistency and to eliminate unnecessary words. In clause (6), the words “allowed by the airport operator” are substituted for “authorized by the airport or permitted by the airport” for clarity and consistency in this chapter and to eliminate unnecessary words. In clause (9), the words “operations at” are added for clarity. The words “adequately”, “removing, lowering, relocating, marking, or lighting or otherwise”, and “the establishment or creation of” are omitted as surplus. In clause (10), the word “near” is substituted for “in the immediate vicinity of”, and the word “uses” is substituted for “activities and purposes”, to eliminate unnecessary words. The words “including landing and takeoff of aircraft” are omitted as surplus. In clause (12), the words “property interests of the sponsor in land or water areas or buildings” are substituted for “any areas of land or water, or estate therein, or rights in buildings of the sponsor” for consistency in the revised title and to eliminate unnecessary words. The words “necessary or” are omitted as surplus. The words “for, and that will be used for, constructing . . . facilities for carrying out activities related to air traffic control or navigation” are substituted for “for use in connection with any air traffic control or navigation activities, or weather-reporting and communication activities related to air traffic control . . . for construction . . . of space or facilities for such purposes” to eliminate unnecessary words. In clause (13), before subclause (A), the words “schedule of charges” are substituted for “fee and rental structure” for clarity and consistency in this chapter. In subclause (A), the word “particular” is omitted as surplus. The word “including” is substituted for “taking into account such factors as” to eliminate unnecessary words. In subclause (B), the words “fees, rates, and” are omitted as surplus. The words “airport development or airport planning” are omitted because of the definition of “project” in section 47102 of the revised title. In clause (16), before subclause (A), the words “maintain . . . current” are substituted for “keep up to date at all times” to eliminate unnecessary words. In subclause (B), the words “be submitted to, and” and “amendment” are omitted as surplus. In subclauses (C) and (D), the words “changes or” and “change or”, respectively, are omitted as surplus. In subclause (D)(ii), the words “was made” are added for clarity. In clause (17), the words “with respect to the project” are omitted as surplus. In clause (18), the words “duly authorized agent of” are omitted because of 49:322(b).
In subsection (b)(1), before clause (A), the words “may approve a project grant application under this subchapter for an airport development project only if” are substituted for 49 App.:2208(b)(1)(E) (related to 49 App.:2210(a)(12)) and “As a condition precedent to approval of an airport development project contained in a project grant application submitted under this chapter . . . shall” in 49 App.:2210(a) for clarity and to eliminate unnecessary words. In clause (C) the word “actual” is omitted as surplus.
In subsection (b)(2), the words “Paragraph (1) of this subsection does not apply” are substituted for “except that . . . then this limitation on the use of all other revenues generated by the airport . . . shall not apply” to eliminate unnecessary words. The word “law” is substituted for “provisions . . . in governing statutes” for consistency in the revised title and to eliminate unnecessary words.
In subsection (c)(1), before clause (A), the words “considered to be” are omitted as surplus. In clause (B), the words “department, agency, or instrumentality of the Government” are substituted for “Federal agency” for consistency in the revised title and with other titles of the United States Code.
In subsection (c)(2), before clause (A), the words “may approve an application under this subchapter for an airport development project grant only if” are substituted for 49 App.:2208(b)(1)(E) (related to 49 App.:2210(a)(13), (14)) and “As a condition precedent to approval of an airport development project contained in a project grant application submitted under this chapter” in 49 App.:2210(a) for clarity and to eliminate unnecessary words. The words “has received or will receive” are substituted for “before, on, or after December 30, 1987” and “before, on, or after December 31, 1987” because of the restatement. In clauses (A)(ii) and (B)(ii), the words “or right” and “only” are omitted as surplus. In clause (A)(iii), the words “at the discretion of the Secretary” in 49 App.:2210(a)(13)(C) are omitted as surplus. In clause (B)(iii), the words “under this subchapter” are substituted for “at that airport or within the national airport system” for clarity and to eliminate unnecessary words.
Subsection (c)(3) is added for clarity.
In subsection (d), the words “may approve an application under this subchapter for an airport development project grant . . . only if” are substituted for 49 App.:2208(b)(1)(E) (related to 49 App.:2204(b)(2)) and “No obligation shall be incurred by the Secretary for airport development . . . unless” in 49 App.:2204(b) for clarity and to eliminate unnecessary words.
In subsection (e)(1), the words “may approve a project grant application under this subchapter for an airport development project only if” are substituted for 49 App.:2208(b)(1)(E) (related to 49 App.:2210(a)(17)) and “As a condition precedent to approval of an airport development project contained in a project grant application submitted under this chapter . . . shall” for clarity and to eliminate unnecessary words. The words “food, beverages, printed materials, or other” and “ground transportation, baggage carts, automobile rentals, or other” are omitted as surplus.
In subsection (e)(2)–(5), the words “disadvantaged business enterprise” are substituted for “DBE” for clarity.
In subsection (e)(4), the words “(as defined by the Secretary by regulation)” and “(as defined under section 2204(d)(2)(B) of this title)” are omitted as unnecessary because of paragraph (1) of this subsection.
In subsection (f)(2)(A), the words “at the discretion of the Secretary” are omitted as surplus. The words “at primary airports and reliever airports” are omitted as surplus because 49 App.:2206(c)(2), restated in section 47115(c) of the revised title, involves only primary and reliever airports.
In subsection (g)(1)(A), the words “consistent with the terms of this chapter” are omitted as surplus.
In subsection (g)(1)(B), the words “Among other steps to insure such compliance” and “on behalf of the United States” are omitted as surplus.
In subsection (g)(2), the words “by or . . . the authority of” are omitted as surplus.
In subsection (h), before clause (1), the words “proposes to” are omitted as surplus. The word “subchapter” is substituted for “Act” in section 511(f) of the Airport and Airway Improvement Act of 1982, as added by section 109(k) of the Airport and Airway Safety and Capacity Expansion Act of 1987 (Public Law 100–223, 101 Stat. 1502), to correct a mistake.
In subsection (i), the words “a property interest in a land or water area or a building that the Secretary of Transportation uses to construct a facility” are substituted for “any area of land or water, or estate therein, or rights in buildings of the sponsor and constructs space or facilities thereon” for consistency in this section.
In subsection (j)(2), the words “the limitation on the use of revenues generated by airports contained in”, “located”, “of funds”, and “(including revenues generated by such airports from other sources, unrestricted cash on hand, and Federal funds made available under this chapter for expenditure at such airports)” are omitted as surplus.
In subsection (j)(3)(A), the words “amount that is greater than 150 percent as determined” are substituted for “amount of the excess determined” for clarity.
In subsection (j)(3)(B), the words “in the aggregate” are omitted as surplus.
In subsection (j)(4), the word “imposed” is substituted for “levied” for consistency in the revised title and with other titles of the Code. The words “for the use of airport facilities” and “a percentage which is” are omitted as surplus. The words “Secretary of Labor” are substituted for “Bureau of Labor Statistics of the Department of Labor” because of 29:551 and 557.
In subsection (j)(5), the words “from fee increases” and “for approval” are omitted as surplus.
References in Text
The Federal Airport Act, referred to in subsecs. (a)(13)(B) and (i), is act May 13, 1946, ch. 251, 60 Stat. 170, as amended, which was classified to chapter 14 (§1101 et seq.) of former Title 49, Transportation, prior to repeal by Pub. L. 91–258, title I, §52(a), May 21, 1970, 84 Stat. 235.
The Airport and Airway Development Act of 1970, referred to in subsecs. (a)(13)(B) and (i), is title I of Pub. L. 91–258, May 21, 1970, 84 Stat. 219, as amended, which was classified principally to chapter 25 (§1701 et seq.) of former Title 49, Transportation. Sections 1 through 30 of title I of Pub. L. 91–258, which enacted sections 1701 to 1703, 1711 to 1713, and 1714 to 1730 of former Title 49, and a provision set out as a note under section 1701 of former Title 49, were repealed by Pub. L. 97–248, title V, §523(a), Sept. 3, 1982, 96 Stat. 695. Sections 31, 51, 52(a), (b)(4), (6), (c), (d), and 53 of title I of Pub. L. 91–258 were repealed by Pub. L. 103–272, §7(b), July 5, 1994, 108 Stat. 1379, the first section of which enacted subtitles II, III, and V to X of Title 49, Transportation. For complete classification of this Act to the Code, see Tables. For disposition of sections of former Title 49, see table at the beginning of Title 49.
Section 3(p) of the Small Business Act, referred to in subsec. (e)(1), (4)(B), (6), is classified to section 632(p) of Title 15, Commerce and Trade.
Section 111(b) of the Federal Aviation Administration Authorization Act of 1994, referred to in subsec. (k), is section 111(b) of Pub. L. 103–305, which is set out below.
Amendments
2003—Subsec. (a)(21). Pub. L. 108–176, §165, added par. (21).
Subsec. (c)(2)(A)(iii). Pub. L. 108–176, §164, inserted before semicolon at end “, including the purchase of nonresidential buildings or property in the vicinity of residential buildings or property previously purchased by the airport as part of a noise compatibility program”.
Subsec. (l)(5)(A). Pub. L. 108–176, §144(a), inserted “or any other governmental entity” after “sponsor”.
Subsec. (m)(1). Pub. L. 108–176, §144(b)(1), (2), substituted “include a provision in the compliance supplement provisions to” for “promulgate regulations that” and struck out “and opinion of the review” before “concerning the funding activities”.
Subsec. (m)(3). Pub. L. 108–176, §144(b)(3), struck out heading and text of par. (3). Text read as follows: “The report submitted to the Secretary under this subsection shall include a specific determination and opinion regarding the appropriateness of the disposition of airport funds paid or transferred to a sponsor.”
Subsec. (q). Pub. L. 108–7 added subsec. (q).
Subsec. (q)(2). Pub. L. 108–11, §2702(1), which directed the amendment of subsec. (q)(2) of section 321 of Pub. L. 108–7 by inserting “or underneath” before “the Class B airspace”, was executed by making the insertion in subsec. (q)(2) of this section, to reflect the probable intent of Congress.
Subsec. (q)(3). Pub. L. 108–11, §2702(2), (3), which directed the amendment of subsec. (q)(3) of section 321 of Pub. L. 108–7 by striking out “has sufficient capacity and” after “Title 49” and inserting “passenger” before “delays”, was executed by inserting “passenger” before “delays” and striking out “has sufficient capacity and” after “title 49” in subsec. (q)(3) of this section, to reflect the probable intent of Congress.
Subsec. (r). Pub. L. 108–7 added subsec. (r).
Subsec. (s). Pub. L. 108–176, §424, added subsec. (s).
2002—Subsec. (a)(17). Pub. L. 107–217 substituted “chapter 11 of title 40” for “title IX of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 541 et seq.)”.
2000—Subsec. (h). Pub. L. 106–181 amended heading and text of subsec. (h) generally. Prior to amendment, text read as follows: “Before modifying an assurance required of a person receiving a grant under this subchapter and in effect after December 29, 1987, or to require compliance with an additional assurance from the person, the Secretary of Transportation must—
“(1) publish notice of the proposed modification in the Federal Register; and
“(2) provide an opportunity for comment on the proposal.”
1997—Subsec. (e)(1). Pub. L. 105–135, §604(h)(1)(A), inserted before period at end “or qualified HUBZone small business concerns (as defined in section 3(p) of the Small Business Act)”.
Subsec. (e)(4)(B). Pub. L. 105–135, §604(h)(1)(B), which directed the amendment of subpar. (B) by inserting before the period “or as a qualified HUBZone small business concern (as defined in section 3(p) of the Small Business Act)”, was executed by inserting the material before period at end of last sentence to reflect the probable intent of Congress.
Subsec. (e)(6). Pub. L. 105–135, §604(h)(1)(C), inserted “or a qualified HUBZone small business concern (as defined in section 3(p) of the Small Business Act)” after “disadvantaged individual”.
1996—Subsec. (a)(20). Pub. L. 104–264, §143, added par. (20).
Subsec. (k). Pub. L. 104–287, §5(9), substituted “Transportation and Infrastructure” for “Public Works and Transportation”.
Subsec. (l)(1). Pub. L. 104–287, §5(80), substituted “August 23, 1994” for “the date of the enactment of this subsection”.
Subsec. (l)(5). Pub. L. 104–264, §805(b)(2), added par. (5).
Subsecs. (m) to (p). Pub. L. 104–264, §805(a), added subsecs. (m) to (p).
1994—Subsec. (a)(15). Pub. L. 103–305, §111(a)(1), inserted before semicolon at end “and make such reports available to the public”.
Subsec. (a)(19). Pub. L. 103–305, §111(a)(2)–(4), added par. (19).
Subsec. (k). Pub. L. 103–305, §111(c), added subsec. (k).
Subsec. (l). Pub. L. 103–305, §112(a), added subsec. (l).
Effective Date of 2003 Amendments
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
Pub. L. 108–7, div. I, title III, §321(b), Feb. 20, 2003, 117 Stat. 411, provided that: “This section [amending this section] shall be effective upon enactment [Feb. 20, 2003], notwithstanding any other section of title 49.”
Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
Effective Date of 1997 Amendment
Amendment by Pub. L. 105–135 effective Oct. 1, 1997, see section 3 of Pub. L. 105–135, set out as a note under section 631 of Title 15, Commerce and Trade.
Effective Date of 1996 Amendment
Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title.
Construction of 2000 Amendment
Pub. L. 106–181, title I, §125(e), Apr. 5, 2000, 114 Stat. 76, provided that: “Nothing in any amendment made by this section [amending this section and sections 47125, 47151, and 47153 of this title] shall be construed to authorize the Secretary [of Transportation] to issue a waiver or make a modification referred to in such amendment.”
Diversion of Airport Revenues for Claims Related to Certain Ceded Lands
Pub. L. 105–66, title III, §340, Oct. 27, 1997, 111 Stat. 1448, provided that:
“(a)
“(1) Congress has the authority under article I, section 8 of the Constitution to regulate the air commerce of the United States;
“(2) section 47107 of title 49, United States Code, prohibits the diversion of certain revenue generated by a public airport as a condition of receiving a project grant;
“(3) a grant recipient that uses airport revenues for purposes that are not airport-related in a manner inconsistent with chapter 471 of title 49, United States Code, illegally diverts airport revenues;
“(4) illegal diversion of airport revenues undermines the interest of the United States in promoting a strong national air transportation system;
“(5) the policy of the United States that airports should be as self-sustaining as possible and that revenues generated at airports should not be diverted from airport purposes was stated by Congress in 1982 and reaffirmed and strengthened in 1987, 1994, and 1996;
“(6) certain airports are constructed on lands that may have belonged, at one time, to Native Americans, Native Hawaiians, or Alaska Natives;
“(7) contrary to the prohibition against diverting airport revenues from airport purposes under section 47107 of title 49, United States Code, certain payments from airport revenues may have been made for the betterment of Native Americans, Native Hawaiians, or Alaska Natives based upon the claims related to lands ceded to the United States;
“(8) Federal law prohibits diversions of airport revenues obtained from any source whatsoever to occur in the future whether related to claims for periods of time prior to or after the date of enactment of this Act [Oct. 27, 1997]; and
“(9) because of the special circumstances surrounding such past diversions of airport revenues for the betterment of Native Americans, Native Hawaiians, or Alaska Natives, it is in the national interest that amounts from airport revenues previously received by any entity for the betterment of Native Americans, Native Hawaiians, or Alaska Natives, as specified in subsection (b) of this section, should not be subject to repayment.
“(b)
“(c)
“(d)
Findings and Purpose
Section 802 of title VIII of Pub. L. 104–264 provided that:
“(a)
“(1) section 47107 of title 49, United States Code, prohibits the diversion of certain revenue generated by a public airport as a condition of receiving a project grant;
“(2) a grant recipient that uses airport revenue for purposes that are not airport related in a manner inconsistent with chapter 471 of title 49, United States Code, illegally diverts airport revenues;
“(3) any diversion of airport revenues in violation of the condition referred to in paragraph (1) undermines the interest of the United States in promoting a strong national air transportation system that is responsive to the needs of airport users;
“(4) the Secretary and the Administrator have not enforced airport revenue diversion rules adequately and must have additional regulatory tools to increase enforcement efforts; and
“(5) sponsors who have been found to have illegally diverted airport revenues—
“(A) have not reimbursed or made restitution to airports in a timely manner; and
“(B) must be encouraged to do so.
“(b)
“(1) eliminating the ability of any State or political subdivision thereof that is a recipient of a project grant to divert airport revenues for purposes that are not related to an airport, in violation of section 47107 of title 49, United States Code;
“(2) imposing financial reporting requirements that are designed to identify instances of illegal diversions referred to in paragraph (1);
“(3) establishing a statute of limitations for airport revenue diversion actions;
“(4) clarifying limitations on revenue diversion that are permitted under chapter 471 of title 49, United States Code; and
“(5) establishing clear penalties and enforcement mechanisms for identifying and prosecuting airport revenue diversion.”
Definitions
Section 803 of title VIII of Pub. L. 104–264 provided that: “For purposes of this title [see Short Title of 1996 Amendment note set out under section 40101 of this title], the following definitions apply:
“(1)
“(2)
“(3)
“(4)
“(5)
Revision of Policies and Procedures; Deadlines
Section 805(b)(1) of title VIII of Pub. L. 104–264 provided that: “Not later than 90 days after the date of the enactment of this Act [Oct. 9, 1996], the Secretary, acting through the Administrator, shall revise the policies and procedures established under section 47107(l) of title 49, United States Code, to take into account the amendments made to that section by this title.”
Format for Reporting
Section 111(b) of Pub. L. 103–305 provided that: “Within 180 days after the date of the enactment of this Act [Aug. 23, 1994], the Secretary [of Transportation] shall prescribe a uniform simplified format for reporting that is applicable to airports. Such format shall be designed to enable the public to understand readily how funds are collected and spent at airports, and to provide sufficient information relating to total revenues, operating expenditures, capital expenditures, debt service payments, contributions to restricted funds, accounts, or reserves required by financing agreements or covenants or airport lease or use agreements or covenants. Such format shall require each commercial service airport to report the amount of any revenue surplus, the amount of concession-generated revenue, and other information as required by the Secretary.”
§47108. Project grant agreements
(a)
(b)
(2)(A) For a project receiving assistance under a grant approved under the Airport and Airway Improvement Act of 1982 before October 1, 1987, the amount may be increased by not more than—
(i) 10 percent for an airport development project, except a project for acquiring an interest in land; and
(ii) 50 percent of the total increase in allowable project costs attributable to acquiring an interest in land, based on current creditable appraisals.
(B) An increase under subparagraph (A) of this paragraph may be paid only from amounts the Government recovers from other grants made under this subchapter.
(3) For a project receiving assistance under a grant approved under the Act, this subchapter, or chapter 475 of this title after September 30, 1987, the amount may be increased—
(A) for an airport development project, by not more than 15 percent; and
(B) for a grant after September 30, 1992, to acquire an interest in land for an airport (except a primary airport), by not more than the greater of the following, based on current creditable appraisals or a court award in a condemnation proceeding:
(i) 15 percent; or
(ii) 25 percent of the total increase in allowable project costs attributable to acquiring an interest in land.
(c)
(d)
(e)
(1)
(2)
(3)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1262; Pub. L. 106–181, title I, §135(c), Apr. 5, 2000, 114 Stat. 84; Pub. L. 108–176, title I, §149(a), Dec. 12, 2003, 117 Stat. 2505; Pub. L. 109–115, div. A, title I, §176(a), Nov. 30, 2005, 119 Stat. 2427.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47108(a) | 49 App.:2211(a). | Sept. 3, 1982, Pub. L. 97–248, §512(a), 96 Stat. 688; Dec. 30, 1987, Pub. L. 100–223, §§106(b)(4), 110(c), 101 Stat. 1498, 1502. |
| 47108(b) | 49 App.:2211(b). | Sept. 3, 1982, Pub. L. 97–248, §512(b), 96 Stat. 688; restated Dec. 30, 1987, Pub. L. 100–223, §110(a), 101 Stat. 1502; Oct. 31, 1992, Pub. L. 102–581, §109, 106 Stat. 4879. |
| 47108(c) | 49 App.:2211(c). | |
| 47108(d) | 49 App.:2211(d). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §512(d); added Dec. 30, 1987, Pub. L. 100–223, §110(b), 101 Stat. 1502. |
In subsection (a), the words “on behalf of the United States” are omitted as surplus. The words “or sponsors” are omitted because of 1:1. The words “of the application” are omitted as surplus. The words “under section 47110 of this title” are added for clarity. The words “and conditions” are omitted as being included in “terms”. The words “for the project” are added for clarity. The words “an offer of a grant for a project” are substituted for “In any case where the Secretary approves a project grant application for a project . . . the offer” to eliminate unnecessary words. The words “(including future fiscal years)” are omitted as surplus. The words “An offer that is accepted in writing by the sponsor is an agreement binding on the Government and the sponsor” are substituted for “If and when an offer is accepted in writing by the sponsor, the offer and acceptance shall comprise an agreement constituting an obligation of the United States and of the sponsor” to eliminate unnecessary words. The words “which have been or may be incurred” are omitted as surplus.
In subsection (b)(1), the words “by a sponsor” are omitted as surplus. The words “amount the Government will pay” are substituted for “obligation of the United States” for clarity and consistency in this section.
In subsection (b)(2), the text of 49 App.:2211(b)(2) (last sentence) is restated to apply only to 49 App.:2211(b)(2) (1st sentence) to carry out the probable intent of Congress.
In subsection (b)(3)(B), the words “for fiscal year 1993 and thereafter” are omitted as unnecessary.
In subsection (c), the words “Notwithstanding any other provision of law” are omitted as surplus. The words “a project receiving assistance under” are added for consistency.
In subsection (d), the word “sponsor” is substituted for “grant recipient” for clarity. The words “amount the Government may pay” are substituted for “obligation of the United States authorized” for clarity and consistency in this section.
References in Text
The Airport and Airway Improvement Act of 1982, referred to in subsec. (b)(2)(A), (3), is title V of Pub. L. 97–248, Sept. 3, 1982, 96 Stat. 671, as amended, which was classified principally to chapter 31 (§2201 et seq.) of former Title 49, Transportation, and was substantially repealed by Pub. L. 103–272, §7(b), July 5, 1994, 108 Stat. 1379, and reenacted by the first section thereof as this subchapter.
The Airport and Airway Development Act of 1970, referred to in subsec. (c), is title I of Pub. L. 91–258, May 21, 1970, 84 Stat. 219, as amended, which was classified principally to chapter 25 (§1701 et seq.) of former Title 49. Sections 1 through 30 of title I of Pub. L. 91–258, which enacted sections 1701 to 1703, 1711 to 1713, and 1714 to 1730 of former Title 49, and a provision set out as a note under section 1701 of former Title 49, were repealed by Pub. L. 97–248, title V, §523(a), Sept. 3, 1982, 96 Stat. 695. Sections 31, 51, 52(a), (b)(4), (6), (c), (d), and 53 of title I of Pub. L. 91–258 were repealed by Pub. L. 103–272, §7(b), July 5, 1994, 108 Stat. 1379, the first section of which enacted subtitles II, III, and V to X of Title 49, Transportation. For complete classification of this Act to the Code, see Tables. For disposition of sections of former Title 49, see table at the beginning of Title 49.
Amendments
2005—Subsec. (e)(3). Pub. L. 109–115 added par. (3).
2003—Subsec. (a). Pub. L. 108–176 inserted “or 47114(d)(3)(A)” after “under section 47114(c)”.
2000—Subsec. (e). Pub. L. 106–181 added subsec. (e).
Effective Date of 2003 Amendment
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
Land Acquisition Costs
Pub. L. 107–71, title I, §143, Nov. 19, 2001, 115 Stat. 644, provided that: “In the case of a grant for land acquisition issued to an airport under chapter 471 of title 49, United States Code, prior to January 1, 1995, the Secretary of Transportation may waive the provisions of section 47108 of such title and provide an upward adjustment in the maximum obligation of the United States under that chapter to assist the airport in funding land acquisition costs (and associated eligible costs) that increased as a result of a judicial order.”
[For definitions of “airport” and “United States” used in section 143 of Pub. L. 107–71, set out above, see section 133 of Pub. L. 107–71, set out as a note under section 40102 of this title.]
§47109. United States Government's share of project costs
(a)
(1) 75 percent for a project at a primary airport having at least .25 percent of the total number of passenger boardings each year at all commercial service airports;
(2) not more than 90 percent for a project funded by a grant issued to and administered by a State under section 47128, relating to the State block grant program;
(3) 90 percent for a project at any other airport;
(4) 70 percent for a project funded by the Administrator from the discretionary fund under section 47115 at an airport receiving an exemption under section 47134; and
(5) for fiscal year 2002, 100 percent for a project described in section 47102(3)(J), 47102(3)(K), or 47102(3)(L).1
(b)
(1) 25 percent;
(2) one-half of the percentage that the area of unappropriated and unreserved public lands and nontaxable Indian lands in the State is of the total area of the State; or
(3) the percentage necessary to increase the Government's share to the percentage that applied on June 30, 1975, under section 17(b) of the Act.
(c)
(1)
(A) the State contained unappropriated and unreserved public lands and nontaxable Indian lands of more than 5 percent of the total area of all lands in the State on August 3, 1979; and
(B) the application under subsection (b), does not increase the Government's share of allowable costs of the project.
(2)
(d)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1264; Pub. L. 103–305, title I, §114, Aug. 23, 1994, 108 Stat. 1579; Pub. L. 104–264, title I, §149(c), title XII, §1211, Oct. 9, 1996, 110 Stat. 3227, 3282; Pub. L. 106–181, title I, §126, Apr. 5, 2000, 114 Stat. 76; Pub. L. 107–71, title I, §119(a)(4), Nov. 19, 2001, 115 Stat. 629; Pub. L. 108–176, title I, §§162, 163, Dec. 12, 2003, 117 Stat. 2513.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47109(a) | 49 App.:2209(a), (b). | Sept. 3, 1982, Pub. L. 97–248, §510, 96 Stat. 685. |
| 47109(b) | 49 App.:2209(c). | |
| 47109(c) | 49 App.:2212(b)(5). | Sept. 3, 1982, Pub. L. 97–248, §513(b)(5), 96 Stat. 691; Dec. 30, 1987, Pub. L. 100–223, §111(a)(2), 101 Stat. 1503; Oct. 31, 1992, Pub. L. 102–581, §110(b), 106 Stat. 4880. |
In subsection (a), before clause (1), the words “Except as provided in subsections (b) and (c) of this section” are substituted for “Except as otherwise provided in this chapter” because subsections (b) and (c) restate the only parts of the chapter that provide exceptions to the general rule stated in subsection (a). In clauses (1) and (2), the words “for a project” are substituted for “payable on account of any project contained in an approved project grant application submitted in accordance with this chapter” in 49 App.:2209(a) and “payable on account of any project contained in an approved project grant application” in 49 App.:2209(b) for consistency in this chapter and to eliminate unnecessary words. A project cost is allowable only if it is incurred under a grant agreement made under the chapter, and a grant agreement may be made only if the project grant application is approved. In clause (1), the words “number of passenger boardings” are substituted for “enplaning . . . of the . . . passengers enplaned” because of the definition of “passenger boardings” in section 47102 of the revised title.
In subsection (b), the words “If, under subsection (a) of this section, the Government's share of allowable costs . . . is less than the share applied on June 30, 1975, under section 17(b) of the Airport and Airway Development Act of 1970” and “(3) the percentage necessary to increase the Government's share to the percentage that applied on June 30, 1975, under section 17(b) of the Act” are substituted for 49 App.:2209(c) (last sentence) for clarity. The words “of the total of all lands therein” are omitted as surplus.
In subsection (c), the words “Notwithstanding subsections (a) and (b) of this section” are substituted for “Notwithstanding any other provision of this chapter” because subsections (a) and (b) are the only other parts of the chapter that specify the United States Government's share of allowable project costs.
References in Text
Subpars. (J), (K), and (L) of section 47102(3), referred to in subsec. (a)(5), were repealed and new subpars. (J), (K), and (L) were added or designated, by Pub. L. 108–176, title I, §159(b)(1), Dec. 12, 2003, 117 Stat. 2510.
Section 17(b) of the Airport and Airway Development Act of 1970, referred to in subsec. (b), is section 17(b) of Pub. L. 91–258, which was classified to section 1717(b) of former Title 49, Transportation, prior to repeal by Pub. L. 97–248, title V, §523(a), Sept. 3, 1982, 96 Stat. 695.
Amendments
2003—Subsec. (a). Pub. L. 108–176, §162(b), substituted “Except as provided in subsection (b) or subsection (c)” for “Except as provided in subsection (b)” in introductory provisions.
Subsec. (a)(4). Pub. L. 108–176, §163, substituted “70 percent” for “40 percent”.
Subsecs. (c), (d). Pub. L. 108–176, §162(a), added subsec. (c) and redesignated former subsec. (c) as (d).
2001—Subsec. (a)(5). Pub. L. 107–71 added par. (5).
2000—Subsec. (a)(2) to (4). Pub. L. 106–181 added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively.
1996—Subsec. (a)(3). Pub. L. 104–264, §149(c), added par. (3).
Subsec. (c). Pub. L. 104–264, §1211, added subsec. (c).
1994—Subsec. (a). Pub. L. 103–305, §114(1), substituted “subsection (b)” for “subsections (b) and (c)”.
Subsec. (c). Pub. L. 103–305, §114(2), struck out subsec. (c) which read as follows: “(c)
Effective Date of 2003 Amendment
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
Effective Date of 1996 Amendment
Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title.
Temporary Increase in Government Share of Certain AIP Project Costs
Pub. L. 108–176, title I, §161, Dec. 12, 2003, 117 Stat. 2513, provided that: “Notwithstanding section 47109(a) of title 49, United States Code, the Government's share of allowable project costs for a grant made in each of fiscal years 2004 through 2007 under chapter 471 of that title for a project described in paragraph (2) or (3) of that section shall be 95 percent.”
1 See References in Text note below.
§47110. Allowable project costs
(a)
(b)
(1) if the cost necessarily is incurred in carrying out the project in compliance with the grant agreement made for the project under this subchapter, including any cost a sponsor incurs related to an audit the Secretary requires under section 47121(b) or (d) of this title and any cost of moving a Federal facility impeding the project if the rebuilt facility is of an equivalent size and type;
(2)(A) if the cost is incurred after the grant agreement is executed and is for airport development or airport planning carried out after the grant agreement is executed;
(B) if the cost is incurred after June 1, 1989, by the airport operator (regardless of when the grant agreement is executed) as part of a Government-approved noise compatability 1 program (including project formulation costs) and is consistent with all applicable statutory and administrative requirements;
(C) if the Government's share is paid only with amounts apportioned under paragraphs (1) and (2) of section 47114(c) or section 47114(d)(3)(A) and if the cost is incurred—
(i) after September 30, 1996;
(ii) before a grant agreement is executed for the project; and
(iii) in accordance with an airport layout plan approved by the Secretary and with all statutory and administrative requirements that would have been applicable to the project if the project had been carried out after the grant agreement had been executed; or
(D) if the cost is incurred after September 11, 2001, for a project described in section 47102(3)(J), 47102(3)(K), or 47102(3)(L) 2 and shall not depend upon the date of execution of a grant agreement made under this subchapter;
(3) to the extent the cost is reasonable in amount;
(4) if the cost is not incurred in a project for airport development or airport planning for which other Government assistance has been granted;
(5) if the total costs allowed for the project are not more than the amount stated in the grant agreement as the maximum the Government will pay (except as provided in section 47108(b) of this title); and
(6) if the cost is for a project not described in section 47102(3) for acquiring for use at a commercial service airport vehicles and ground support equipment owned by an airport that include low-emission technology, but only to the extent of the incremental cost of equipping such vehicles or equipment with low-emission technology, as determined by the Secretary.
(c)
(1) necessarily incurred in formulating an airport development project, including costs incurred for field surveys, plans and specifications, property interests in land or airspace, and administration or other incidental items that would not have been incurred except for the project; or
(2) necessarily and directly incurred in developing the work scope of an airport planning project.
(d)
(A) if the sponsor certifies that the airport, on the date the grant application is submitted to the Secretary, has—
(i) all the safety equipment required for certification of the airport under section 44706 of this title;
(ii) all the security equipment required by regulation; and
(iii) provided for access, to the area of the airport for passengers for boarding or exiting aircraft, to those passengers boarding or exiting aircraft, except air carrier aircraft;
(B) if the cost is directly related to moving passengers and baggage in air commerce within the airport, including vehicles for moving passengers between terminal facilities and between terminal facilities and aircraft; and
(C) under terms necessary to protect the interests of the Government.
(2) In making a decision under paragraph (1) of this subsection, the Secretary may approve as allowable costs the expenses of terminal development in a revenue-producing area and construction, reconstruction, repair, and improvement in a nonrevenue-producing parking lot if—
(A) except as provided in section 47108(e)(3), the airport does not have more than .05 percent of the total annual passenger boardings in the United States; and
(B) the sponsor certifies that any needed airport development project affecting safety, security, or capacity will not be deferred because of the Secretary's approval.
(e)
(2) Paragraph (1) of this subsection applies to a project—
(A) about which the sponsor notifies the Secretary, before the project begins, of the sponsor's intent to carry out the project;
(B) that will comply with all statutory and administrative requirements that would apply to the project if it were carried out with amounts made available under this subchapter; and
(C) that meets the criteria of section 47115(d) and, if for a project at a commercial service airport having at least 0.25 percent of the boardings each year at all such airports, the Secretary decides will enhance system-wide airport capacity significantly.
(3) A letter of intent issued under paragraph (1) of this subsection is not an obligation of the Government under section 1501 of title 31, and the letter is not deemed to be an administrative commitment for financing. An obligation or administrative commitment may be made only as amounts are provided in authorization and appropriation laws.
(4) The total estimated amount of future Government obligations covered by all outstanding letters of intent under paragraph (1) of this subsection may not be more than the amount authorized to carry out section 48103 of this title, less an amount reasonably estimated by the Secretary to be needed for grants under section 48103 that are not covered by a letter.
(5)
(6)
(f)
(1) constructing a public parking facility for passenger automobiles;
(2) constructing, altering, or repairing part of an airport building, except to the extent the building will be used for facilities or activities directly related to the safety of individuals at the airport;
(3) decorative landscaping; or
(4) providing or installing sculpture or art works.
(g)
(h)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1264; Pub. L. 103–305, title I, §115, Aug. 23, 1994, 108 Stat. 1579; Pub. L. 103–429, §6(64), Oct. 31, 1994, 108 Stat. 4385; Pub. L. 104–264, title I, §144, Oct. 9, 1996, 110 Stat. 3222; Pub. L. 106–181, title I, §127, Apr. 5, 2000, 114 Stat. 76; Pub. L. 107–71, title I, §119(a)(2), Nov. 19, 2001, 115 Stat. 628; Pub. L. 108–176, title I, §§145, 149(b), 159(c), Dec. 12, 2003, 117 Stat. 2504, 2505, 2511; Pub. L. 109–115, div. A, title I, §176(b), Nov. 30, 2005, 119 Stat. 2427.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47110(a) | 49 App.:2212(a) (1st, last sentences). | Sept. 3, 1982, Pub. L. 97–248, §513(a), 96 Stat. 689; Aug. 4, 1989, Pub. L. 101–71, §3, 103 Stat. 181. |
| 47110(b) | 49 App.:2212(a) (2d sentence cls. (1), (2) (words before period), (3), (4)). | |
| 47110(c) | 49 App.:2212(a) (2d sentence cl. (2) (words after period)). | |
| 47110(d) | 49 App.:2212(b)(1), (6). | Sept. 3, 1982, Pub. L. 97–248, §513(b)(1), (6), 96 Stat. 691; Oct. 31, 1992, Pub. L. 102–581, §110(a), 106 Stat. 4879. |
| 47110(e) | 49 App.:2212(d). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §513(d); added Dec. 30, 1987, Pub. L. 100–223, §111(c), 101 Stat. 1503; Oct. 31, 1992, Pub. L. 102–581, §111, 106 Stat. 4880. |
| 47110(f) | 49 App.:2212(c). | Sept. 3, 1982, Pub. L. 97–248, §513(c), 96 Stat. 691; Dec. 30, 1987, Pub. L. 100–223, §111(b), 101 Stat. 1503; Oct. 31, 1992, Pub. L. 102–581, §107(c)(2), 106 Stat. 4879. |
In subsection (a), the words “for airport development or airport planning” are omitted because of the definition of “project” in section 47102 of the revised title. The text of 49 App.:2212(a) (last sentence) is omitted as surplus because of 49:322(a).
In subsection (b)(1), the word “approved” is omitted as surplus because a project that was not approved could not be carried out in compliance with a grant agreement. The words “in compliance with the grant agreement made for the project under this subchapter” are substituted for “in conformity with the terms and conditions of the grant agreement entered into in connection with the project” to eliminate unnecessary words. The word “sponsor” is substituted for “recipient” for clarity.
In subsection (b)(2)(A), the words “with respect to the project” are omitted as unnecessary because “the grant agreement” means “the grant agreement made for the project” referred to in clause (1) of this subsection. The words “under the project” are omitted as surplus.
Subsection (b)(3) is substituted for “in the opinion of the Secretary it is reasonable in amount, and if the Secretary determines that a project cost is unreasonable in amount, the Secretary may allow as an allowable project cost only so much of such project cost as the Secretary determines to be reasonable” to eliminate unnecessary words.
Subsection (b)(5) is substituted for “except that in no event may the Secretary allow project costs in excess of the definite amount stated in the grant agreement except to the extent authorized by section 2211(b) of this Appendix” for consistency in this section.
In subsection (c), before clause (1), the words “The Secretary may decide that a project cost . . . is allowable” are substituted for “However, the allowable costs of a project . . . may include . . . and the allowable costs of a project . . . may include” for clarity and consistency in the revised title. The words “incurred after May 13, 1946, and before the date the grant agreement is executed” are substituted for “which were incurred prior to the execution of the grant agreement and subsequent to May 13, 1946” and “which were incurred subsequent to May 13, 1946” to eliminate unnecessary words. In clause (1), the words “preparation of”, “acquisition of”, “by the sponsor specifically in connection with the accomplishment of the project for airport development” are omitted as surplus. The words “property interests in land or airspace” are substituted for “land or interests therein or easements through or other interests in airspace” to eliminate unnecessary words.
In subsection (d)(1), before clause (A), the words “The Secretary may decide that the cost . . . is allowable” are substituted for “the Secretary may approve, as allowable project costs” and “The Secretary shall approve project costs allowable under paragraph (1) of this subsection” for clarity and consistency in this section. In clause (B), the words “the boundaries of” are omitted as surplus. In clause (C), the words “and conditions” are omitted as being included in “terms”.
In subsection (d)(2), the words “In making a decision under paragraph (1) of this subsection, the Secretary may approve as allowable costs” are substituted for “In the case of a commercial service airport . . . the Secretary may approve, under the preceding sentence as allowable project costs” for consistency in this subsection.
In subsection (e)(1), the word “sponsor” is substituted for “applicant” for consistency. The words “stipulated as” and “Subject to the provisions of this paragraph” are omitted as surplus. The word “reimburse” is substituted for “make payments under paragraph (2) of this subsection” and “pay” for clarity. The words “payable on account of such project in accordance with such letter of intent” are omitted as surplus.
In subsection (e)(2), before clause (A), the text of 49 App.:2212(d)(1)(C) (last sentence) is omitted as obsolete.
In subsection (e)(3), the words “A letter of intent issued” are substituted for “action” for clarity. The word “deemed” before “an obligation” is omitted as surplus.
In subsection (f)(2), the words “of a hangar or” are omitted as being included in “airport building”.
Pub. L. 103–429
The source credits for all of subsection (b) are included for clarity though only subsection (b)(2) is affected by the amendment. The source credits for 49:47110(c) are included to correct a mistake on p. 405 of H. R. Rept. 103–180 (103d Cong., 1st Sess., July 15, 1993).
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47110(b) | 49 App.:2212(a) (2d sentence cls. (1), (2)(A) (words before period), (B), (3), (4)). | Sept. 3, 1982, Pub. L. 97–248, §513(a) (2d sentence), as amended May 26, 1994, Pub. L. 103–260, §106, 108 Stat. 699. |
| 47110(c) | 49 App.:2212(a) (2d sentence cl. (2)(A) (words after period). |
In subsection (b)(2)(C)(ii), the words “before the cost is incurred” are added for clarity.
References in Text
Subpars. (J), (K), and (L) of section 47102(3), referred to in subsec. (b)(2)(D), were repealed and new subpars. (J), (K), and (L) were added or designated, by Pub. L. 108–176, title I, §159(b)(1), Dec. 12, 2003, 117 Stat. 2510.
Amendments
2005—Subsec. (d)(2)(A). Pub. L. 109–115, which directed amendment of section 47110(d)(2)(A), without specifying the title to be amended, by substituting “(A) except as provided in section 47108(e)(3), the” for “(A) the”, was executed to this section, to reflect the probable intent of Congress.
2003—Subsec. (b)(1). Pub. L. 108–176, §145, inserted “and any cost of moving a Federal facility impeding the project if the rebuilt facility is of an equivalent size and type” before semicolon at end.
Subsec. (b)(2)(C). Pub. L. 108–176, §149(b)(1), substituted “or section 47114(d)(3)(A)” for “of this title” in introductory provisions.
Subsec. (b)(6). Pub. L. 108–176, §159(c), added par. (6).
Subsec. (g). Pub. L. 108–176, §149(b)(2), inserted “or section 47114(d)(3)(A)” after “of section 47114(c)” and substituted “of the project” for “of project”.
Subsec. (h). Pub. L. 108–176, §149(b)(3), added subsec. (h).
2001—Subsec. (b)(2)(D). Pub. L. 107–71 added subpar. (D).
2000—Subsec. (e)(2)(C). Pub. L. 106–181, §127(1), added subpar. (C) and struck out former subpar. (C) which read as follows: “the Secretary decides will enhance system-wide airport capacity significantly and meets the criteria of section 47115(d) of this title.”
Subsec. (e)(5). Pub. L. 106–181, §127(2), added par. (5) and struck out former par. (5) which read as follows: “A letter of intent issued under paragraph (1) of this subsection may not condition the obligation of amounts on the imposition of a passenger facility fee.”
1996—Subsec. (b)(2)(C). Pub. L. 104–264, §144(a), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “if the Government's share is paid only with amounts apportioned under section 47114(c)(1)(A) and (2) of this title and if the cost is incurred—
“(i) during the fiscal year ending September 30, 1994;
“(ii) before a grant agreement is executed for the project but according to an airport layout plan the Secretary approves before the cost is incurred and all applicable statutory and administrative requirements that would apply to the project if the agreement had been executed; and
“(iii) for work related to a project for which a grant agreement previously was executed during the fiscal year ending September 30, 1994;”.
Subsec. (g). Pub. L. 104–264, §144(b), added subsec. (g).
1994—Subsec. (b)(2). Pub. L. 103–429 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “if the cost is incurred—
“(A) after the grant agreement is executed and is for airport development or airport planning carried out after the grant agreement is executed; or
“(B) after June 1, 1989, by the airport operator (regardless of when the grant agreement is executed) as part of a Government-approved noise compatibility program (including project formulation costs) and is consistent with all applicable statutory and administrative requirements;”.
Subsec. (e)(6). Pub. L. 103–305 added par. (6).
Effective Date of 2003 Amendment
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
Effective Date of 1996 Amendment
Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title.
Letters of Intent for Airport Security Improvement Projects
Pub. L. 108–7, div. I, title III, §367, Feb. 20, 2003, 117 Stat. 423, provided that:
“(a) The Under Secretary of Transportation for Security may issue a letter of intent to an airport committing to obligate from future budget authority an amount, not more than the Federal Government's share of the project's cost, for an airport security improvement project (including interest costs and costs of formulating the project) at the airport. The letter shall establish a schedule under which the Under Secretary will reimburse the airport for the Government's share of the project's costs, as amounts become available, if the airport, after the Under Secretary issues the letter, carries out the project without receiving amounts under Chapter 471 of title 49 [United States Code].
“(b) The airport shall notify the Under Secretary of the airport's intent to carry out the airport security improvement project before the project begins.
“(c) A letter of intent may be issued under this section only if—
“(1) The airport security improvement project to which the letter applies involves the replacement of baggage conveyer systems or the reconfiguration of terminal baggage areas in order to install explosive detection systems; and
“(2) The Under Secretary determines that the project will improve security or will improve the efficiency of the airport without lessening security.
“(d) A letter of intent issued under this section is not an obligation of the Government under section 1501 of title 31 [United States Code], and the letter is not deemed to be an administrative commitment for financing. An obligation or administrative commitment may be made only as amounts are provided in authorization and appropriations laws.
“(e) The Government's share of the project's cost shall be 75 percent for a project at an airport having at least 0.25 percent of the total number of passenger boardings each year at all airports and 90 percent for a project at any other airport.
“(f) Nothing in this section shall be construed to prohibit the obligation of amounts pursuant to a letter of intent under this section in the same fiscal year as the letter of intent is issued.
“(g) The Under Secretary shall notify the House and Senate Committees on Appropriations, the House Transportation and Infrastructure Committee, and the Senate Commerce, Science, and Transportation Committee at least 3 days prior to the issuance of a letter of intent under this section.
“(h) There is authorized to be appropriated to carry out this section $500,000,000 in each of fiscal years 2003, 2004, 2005, 2006, and 2007.”
Letters of Intent; Duration of Authority and Approval by Congress
Pub. L. 102–388, title III, §320, Oct. 6, 1992, 106 Stat. 1546, provided that: “The authority conferred by section 513(d) of the Airport and Airway Improvement Act of 1982, as amended [see subsec. (e) of this section], to issue letters of intent shall remain in effect subsequent to September 30, 1992. Letters of intent may be issued under such subsection to applicants determined to be qualified under such Act [substantially repealed by Pub. L. 103–272, §7(b), July 5, 1994, 108 Stat. 1379, and reenacted by first section thereof as this subchapter]: Provided, That, notwithstanding any other provision of law, all such letters of intent in excess of $10,000,000 shall be submitted for approval to the Committees on Appropriations of the Senate and the House of Representatives; the Committee on Commerce, Science, and Transportation of the Senate; and the Committee on Public Works and Transportation [now Committee on Transportation and Infrastructure] of the House of Representatives.” Similar provisions were contained in the following prior appropriation acts:
Pub. L. 102–143, title III, §320, Oct. 28, 1991, 105 Stat. 942.
Pub. L. 101–516, title III, §320, Nov. 5, 1990, 104 Stat. 2181.
Pub. L. 101–164 title III, §326, Nov. 21, 1989, 103 Stat. 1096.
Pub. L. 100–457, title III, §334, Sept. 30, 1988, 102 Stat. 2153.
1 So in original. Probably should be “compatibility”.
2 See References in Text note below.
§47111. Payments under project grant agreements
(a)
(b)
(c)
(d)
(A) notifies the sponsor and provides an opportunity for a hearing; and
(B) finds that the sponsor has violated the agreement.
(2) The 180-day period may be extended by—
(A) agreement of the Secretary and the sponsor; or
(B) the hearing officer if the officer decides an extension is necessary because the sponsor did not follow the schedule the officer established.
(3) A person adversely affected by an order of the Secretary withholding a payment may apply for review of the order by filing a petition in the United States Court of Appeals for the District of Columbia Circuit or in the court of appeals of the United States for the circuit in which the project is located. The petition must be filed not later than 60 days after the order is served on the petitioner.
(e)
(f)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1266; Pub. L. 103–305, title I, §112(b), Aug. 23, 1994, 108 Stat. 1575.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47111(a) | 49 App.:2213 (1st, 2d sentences). | Sept. 3, 1982, Pub. L. 97–248, §514, 96 Stat. 691. |
| 47111(b) | 49 App.:2213 (3d, 4th sentences). | |
| 47111(c) | 49 App.:2213 (last sentence). | |
| 47111(d) | 49 App.:2218(b) (related to payment). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §519(b) (related to payment); added Dec. 30, 1987, Pub. L. 100–223, §112(2), 101 Stat. 1504. |
In subsection (a), the words “the terms of” are omitted as surplus. The words “totaling” and “total” are substituted for “in an aggregate amount” and “aggregate” for consistency in the revised title. The words “from time to time” are omitted as surplus. The words “before the project is completed” are substituted for “in advance of accomplishment of the airport project to which the payments relate” for consistency in this chapter and to eliminate unnecessary words.
In subsection (b), the words “at any time” are omitted as surplus. The words “project for which an advance payment was made has not been completed within a reasonable time” are substituted for “any airport development to which the advance payments relate has not been accomplished within a reasonable time or the project is not completed” for clarity, for consistency in this chapter, and to eliminate unnecessary words.
In subsection (d)(1) and (2), the word “sponsor” is substituted for “recipient” and “grant recipient” for clarity.
In subsection (d)(2)(A), the word “mutual” is omitted as surplus.
In subsection (d)(3), the words “adversely affected” are substituted for “aggrieved” for consistency in the revised title and with other titles of the United States Code. The words “the date on which” are omitted as surplus.
Amendments
1994—Subsecs. (e), (f). Pub. L. 103–305 added subsecs. (e) and (f).
§47112. Carrying out airport development projects
(a)
(b)
(c)
(A) “disabled veteran” has the same meaning given that term in section 2108 of title 5.
(B) “Vietnam-era veteran” means an individual who served on active duty (as defined in section 101 of title 38) in the armed forces for more than 180 consecutive days, any part of which occurred after August 4, 1964, and before May 8, 1975, and who was separated from the armed forces under honorable conditions.
(2) A contract involving labor for carrying out an airport development project under a grant agreement under this subchapter must require that preference in the employment of labor (except in executive, administrative, and supervisory positions) be given to Vietnam-era veterans and disabled veterans when they are available and qualified for the employment.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1267; Pub. L. 107–217, §3(n)(8), Aug. 21, 2002, 116 Stat. 1303.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47112(a) | 49 App.:2214(a). | Sept. 3, 1982, Pub. L. 97–248, §515, 96 Stat. 691. |
| 47112(b) | 49 App.:2214(b). | |
| 47112(c) | 49 App.:2214(c). |
In this section, the words “for an airport development project carried out under a grant agreement under this subchapter” are substituted for “on any project for airport development contained in an approved project grant application submitted in accordance with this chapter” in 49 App.:2214(a), “on projects for airport development approved under this chapter” in 49 App.:2214(b), and “under project grants for airport development approved under this chapter” in 49 App.:2214(c) for clarity and consistency in this section. See H.R. Rept. No. 97–760, 97th Cong., 2d Sess., p. 715 (1982).
In subsection (a), the words “or sponsors” are omitted because of 1:1.
In subsection (b), the words “must require contractors to pay labor minimum wage rates” are substituted for “shall contain provisions establishing minimum rates of wages . . . which contractors shall pay to skilled and unskilled labor” to eliminate unnecessary words. The word “proposals” is omitted as included in “bids”.
Subsection (c)(1)(A) is substituted for “a disabled veteran is an individual described in section 2108(2) of title 5” for consistency in the revised title and with other titles of the Code.
In subsection (c)(1)(B), the words “after August 4, 1964, and before May 8, 1975” are substituted for “during the period beginning August 5, 1964, and ending May 7, 1975” for consistency in the revised title and with other titles of the United States Code and to eliminate unnecessary words.
In subsection (c)(2), the words “must require that” are substituted for “shall contain such provisions as are necessary to insure that”, and the words “when they are available and qualified for the employment” are substituted for “However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates”, to eliminate unnecessary words.
Amendments
2002—Subsec. (b). Pub. L. 107–217 substituted “sections 3141–3144, 3146, and 3147 of title 40” for “the Act of March 3, 1931 (known as the Davis-Bacon Act) (40 U.S.C. 276a—276a–5)”.
§47113. Minority and disadvantaged business participation
(a)
(1) “small business concern”—
(A) has the same meaning given that term in section 3 of the Small Business Act (15 U.S.C. 632); but
(B) does not include a concern, or group of concerns controlled by the same socially and economically disadvantaged individual, that has average annual gross receipts over the prior 3 fiscal years of more than $16,015,000, as adjusted by the Secretary of Transportation for inflation;
(2) “socially and economically disadvantaged individual” has the same meaning given that term in section 8(d) of the Act (15 U.S.C. 637(d)) and relevant subcontracting regulations prescribed under section 8(d), except that women are presumed to be socially and economically disadvantaged; and
(3) the term “qualified HUBZone small business concern” has the meaning given that term in section 3(p) of the Small Business Act (15 U.S.C. 632(o) 1).
(b)
(c)
(d)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1268; Pub. L. 103–429, §6(65), Oct. 31, 1994, 108 Stat. 4386; Pub. L. 105–135, title VI, §604(h)(2), Dec. 2, 1997, 111 Stat. 2635.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47113(a) | 49 App.:2204(d)(2). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §505(d); added Dec. 30, 1987, Pub. L. 100–223, §105(f), 101 Stat. 1493; Oct. 31, 1992, Pub. L. 102–581, §117(c), 106 Stat. 4883. |
| 47113(b) | 49 App.:2204(d)(1). | |
| 47113(c) | 49 App.:2204(d)(4). | |
| 47113(d) | 49 App.:2204(d)(3). |
In subsection (a)(1)(B), the words “or individuals” are omitted because of 1:1.
In subsection (a)(2), the reference is to section 8(c) of the Act because 15:637(d) was redesignated as 15:637(c) by section 3 of the Women's Business Development Act of 1991 (Public Law 102–191, 105 Stat. 1591).
In subsection (b), the words “beginning after September 30, 1987” are omitted as obsolete.
Pub. L. 103–429
This amends 49:47113(a)(2) to correct erroneous cross-references.
Amendments
1997—Subsec. (a). Pub. L. 105–135, §604(h)(2)(A), substituted semicolon for period at end of par. (1), substituted “; and” for period at end of par. (2), and added par. (3).
Subsec. (b). Pub. L. 105–135, §604(h)(2)(B), inserted “or qualified HUBZone small business concerns” before period at end.
1994—Subsec. (a)(2). Pub. L. 103–429 substituted “8(d)” for “8(c)” in two places and “637(d))” for “637(c))”.
Effective Date of 1997 Amendment
Amendment by Pub. L. 105–135 effective Oct. 1, 1997, see section 3 of Pub. L. 105–135, set out as a note under section 631 of Title 15, Commerce and Trade.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
1 So in original. Probably should be “632(p)”.
§47114. Apportionments
(a)
(b)
(c)
(1)
(A)
(i) $7.80 for each of the first 50,000 passenger boardings at the airport during the prior calendar year;
(ii) $5.20 for each of the next 50,000 passenger boardings at the airport during the prior calendar year;
(iii) $2.60 for each of the next 400,000 passenger boardings at the airport during the prior calendar year;
(iv) $.65 for each of the next 500,000 passenger boardings at the airport during the prior calendar year; and
(v) $.50 for each additional passenger boarding at the airport during the prior calendar year.
(B)
(C)
(i) the amount to be apportioned to a sponsor under subparagraph (A) shall be increased by doubling the amount that would otherwise be apportioned;
(ii) the minimum apportionment to a sponsor under subparagraph (B) shall be $1,000,000 rather than $650,000; and
(iii) the maximum apportionment to a sponsor under subparagraph (B) shall be $26,000,000 rather than $22,000,000.
(D)
(E)
(i) passenger boardings at the airport fell below 10,000 in the calendar year used to calculate the apportionment;
(ii) the airport had at least 10,000 passenger boardings in the calendar year prior to the calendar year used to calculate apportionments to airport sponsors in a fiscal year; and
(iii) the cause of the shortfall in passenger boardings was a temporary but significant interruption in service by an air carrier to that airport due to an employment action, natural disaster, or other event unrelated to the demand for air transportation at the affected airport.
(F)
(i) the passenger boardings at the airport were below 10,000 in calendar year 2002 or 2003;
(ii) the airport had at least 10,000 passenger boardings and scheduled passenger aircraft service in either calendar year 2000 or 2001; and
(iii) the reason that passenger boardings described in clause (i) were below 10,000 was the decrease in passengers following the terrorist attacks of September 11, 2001.
(G)
(i) the passenger boardings at the airport were below 10,000 in calendar year 2004;
(ii) the airport had at least 10,000 passenger boardings and scheduled passenger aircraft service in either calendar year 2000 or 2001; and
(iii) the reason that passenger boardings described in clause (i) were below 10,000 was the decrease in passengers following the terrorist attacks of September 11, 2001.
(2)
(A)
(B)
(C)
(D)
(E)
(d)
(1)
(A)
(B)
(2)
(A) 0.66 percent of the apportioned amount to Guam, American Samoa, the Northern Mariana Islands, and the Virgin Islands.
(B) Except as provided in paragraph (4), 49.67 percent of the apportioned amount for airports, excluding primary airports but including reliever and nonprimary commercial service airports, in States not named in subparagraph (A) in the proportion that the population of each of those States bears to the total population of all of those States.
(C) Except as provided in paragraph (4), 49.67 percent of the apportioned amount for airports, excluding primary airports but including reliever and nonprimary commercial service airports, in States not named in subparagraph (A) in the proportion that the area of each of those States bears to the total area of all of those States.
(3)
(A) To each airport, excluding primary airports but including reliever and nonprimary commercial service airports, in States the lesser of—
(i) $150,000; or
(ii) 1/5 of the most recently published estimate of the 5-year costs for airport improvement for the airport, as listed in the national plan of integrated airport systems developed by the Federal Aviation Administration under section 47103.
(B) Any remaining amount to States as follows:
(i) 0.62 percent of the remaining amount to Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Virgin Islands.
(ii) Except as provided in paragraph (4), 49.69 percent of the remaining amount for airports, excluding primary airports but including reliever and nonprimary commercial service airports, in States not named in clause (i) in the proportion that the population of each of those States bears to the total population of all of those States.
(iii) Except as provided in paragraph (4), 49.69 percent of the remaining amount for airports, excluding primary airports but including reliever and nonprimary commercial service airports, in States not named in clause (i) in the proportion that the area of each of those States bears to the total area of all of those States.
(4)
(5)
(A)
(i) safety will not be negatively affected; and
(ii) the life of the pavement will not be shorter than it would be if constructed using Administration standards.
(B)
(6)
(e)
(1)
(A) for each primary airport at least as much as would be apportioned for the airport under subsection (c)(1) of this section; and
(B) a total amount at least equal to the minimum amount required to be apportioned to airports in Alaska in the fiscal year ending September 30, 1980, under section 15(a)(3)(A) of the Act.
(2)
(3)
(4)
(f)
(1)
(A) in the case of a fee of $3.00 or less, 50 percent of the projected revenues from the fee in the fiscal year but not by more than 50 percent of the amount that otherwise would be apportioned under this section; and
(B) in the case of a fee of more than $3.00, 75 percent of the projected revenues from the fee in the fiscal year but not by more than 75 percent of the amount that otherwise would be apportioned under this section.
(2)
(3)
(A)
(B)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1268; Pub. L. 103–429, §6(66), Oct. 31, 1994, 108 Stat. 4386; Pub. L. 104–264, title I, §121, Oct. 9, 1996, 110 Stat. 3217; Pub. L. 106–181, title I, §§104(a)–(d), 105(c), Apr. 5, 2000, 114 Stat. 67–71; Pub. L. 108–176, title I, §§146, 147, Dec. 12, 2003, 117 Stat. 2504; Pub. L. 109–115, div. A, title I, §109, Nov. 30, 2005, 119 Stat. 2402.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47114(a), (b) | 49 App.:2206(a) (words before cl. (1)). | Sept. 3, 1982, Pub. L. 97–248, §507(a)(1), (3), (b)(2), (4)–(5)(C), (E), (6), 96 Stat. 679; Jan. 6, 1983, Pub. L. 97–424, §426(a), (d), 96 Stat. 2167, 2168; restated Dec. 30, 1987, Pub. L. 100–223, §106(a), 101 Stat. 1494, 1496. |
| 47114(c) (1)(A) | 49 App.:2206(a)(1). | |
| 49 App.:2206(e)(1). | Sept. 3, 1982, Pub. L. 97–248, §507(e), (f), 96 Stat. 679; Jan. 6, 1983, Pub. L. 97–424, §426(a), (d), 96 Stat. 2167, 2168; restated Dec. 30, 1987, Pub. L. 100–223, §106(a), 101 Stat. 1497; Nov. 5, 1990, Pub. L. 101–508, §9112(b), 104 Stat. 1388–362. | |
| 47114(c) (1)(B) | 49 App.:2206(b)(1). | Sept. 3, 1982, Pub. L. 97–248, §507(a)(2), (b)(1), (3), (5)(F), 96 Stat. 679; Jan. 6, 1983, Pub. L. 97–424, §426(a), (d), 96 Stat. 2167, 2168; restated Dec. 30, 1987, Pub. L. 100–223, §106(a), 101 Stat. 1494, 1496; Oct. 31, 1992, Pub. L. 102–581, §106, 106 Stat. 4878. |
| 47114(c)(2) | 49 App.:2206(a)(2), (b)(4), (e)(2). | |
| 47114(c)(3) | 49 App.:2206(b)(2), (3). | |
| 47114(d)(1) | 49 App.:2206(f). | |
| 47114(d)(2) | 49 App.:2206(a)(3). | |
| 47114(d)(3) | 49 App.:2206(b)(6). | |
| 47114(e) | 49 App.:2206(b) (5)(A)–(C), (E), (F). | |
| 47114(f) | 49 App.:2206(b)(7). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §507(b)(7); added Nov. 5, 1990, Pub. L. 101–508, §9111, 104 Stat. 1388–362. |
In subsection (a), the word “newly” is substituted for “and not previously apportioned” for clarity. The words “made available” are substituted for “authorized to be obligated” for clarity and consistency.
In subsection (c)(1)(A), the words “during the prior calendar year” are substituted for 49 App.:2206(b) for clarity.
In subsection (c)(2)(A), the word “cargo” is substituted for “property (including mail)” for consistency in the revised title.
In subsection (c)(3), the words “The total of all amounts apportioned under paragraphs (1) and (2) of this subsection may not be more than 44 percent of the amount subject to apportionment for a fiscal year” are substituted for 49 App.:2206(b)(2)(A) and (3)(A) for clarity and to eliminate unnecessary words. The words “If this paragraph requires reduction of an amount that otherwise would be apportioned under this subsection” are substituted for “In any case in which apportionments in a fiscal year would be reduced by subparagraph (A)” for clarity.
In subsection (d)(2)(A), the words “the Commonwealth of” are omitted as surplus.
In subsection (d)(2)(B) and (C), the words “except as provided in paragraph (3) of this subsection” are added, and the words “49.5 percent of the apportioned amount” are substituted for “1/2 of the remaining 99 percent”, for clarity.
In subsection (d)(3), before clause (A), the words “Notwithstanding subsection (a)(3)(B) of this section” are omitted as surplus.
In subsection (e)(1), before clause (A), the words “Instead of apportioning amounts for airports in Alaska under subsections (c) and (d) of this section” are substituted for “Notwithstanding any other provision of subsection (a) of this section” for clarity.
In subsection (e)(2), the words “be construed as” are omitted as surplus.
In subsection (f), the words “which, but for this paragraph, would be” the first time they appear are omitted as surplus. The words “but not by more than” are substituted for “The maximum reduction in an apportionment to a sponsor of an airport as a result of this paragraph in a fiscal year shall be” to eliminate unnecessary words.
Pub. L. 103–429
Revision notes for 49:47114(c)(3)(A) are included to reflect changes made for clarity and to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1269).
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47114(c) (1)(B) | 49 App.:2206(b)(1). | Sept. 3, 1982, Pub. L. 97–248, §507(b)(1), as amended May 26, 1994, Pub. L. 103–260, §103, 108 Stat. 698. |
| 47114(c) (3)(B) | 49 App.:2206(b)(3). | Sept. 3, 1982, Pub. L. 97–248, §507(b)(3), as amended May 26, 1994, Pub. L. 103–260, §102, 108 Stat. 698. |
In subsection (c)(3)(A) and (B), the words “If this subparagraph requires reduction of an amount that otherwise would be apportioned under this subsection” are substituted for “In any case in which apportionments in a fiscal year would be reduced by subparagraph (A)” for clarity.
In subsection (c)(3)(A), the words “Except as provided in subparagraph (B) of this paragraph” are added for clarity. The words “the total of all amounts apportioned under paragraphs (1) and (2) of this subsection may not be more than 49.5 percent of the amount subject to apportionment for a fiscal year” are substituted for 49 App.:2206(b)(2)(A), as in effect on July 4, 1994, for clarity and to eliminate unnecessary words.
In subsection (c)(3)(B), the words “the total of all amounts apportioned under paragraphs (1) and (2) of this subsection may not be more than 44 percent of the amount subject to apportionment for that fiscal year” are substituted for 49 App.:2206(b)(3)(A), as in effect on July 4, 1994, for clarity and to eliminate unnecessary words.
References in Text
Section 15(a) of the Airport and Airway Development Act of 1970, referred to in subsec. (e)(1), is section 15(a) of Pub. L. 91–258, which was classified to section 1715(a) of former Title 49, Transportation, prior to repeal by Pub. L. 97–248, title V, §523(a), Sept. 3, 1982, 96 Stat. 695.
Amendments
2005—Subsec. (c)(1)(G). Pub. L. 109–115 added subpar. (G).
2003—Subsec. (c)(1)(F). Pub. L. 108–176, §146(a), added subpar. (F).
Subsec. (c)(2). Pub. L. 108–176, §147(1), struck out “
Subsec. (c)(2)(A). Pub. L. 108–176, §147(2), substituted “3.5 percent” for “3 percent”.
Subsec. (f)(3). Pub. L. 108–176, §146(b)(1), substituted “
Subsec. (f)(3)(B). Pub. L. 108–176, §146(b)(2), substituted “fiscal year 2004” for “fiscal years 2000 through 2003”.
2000—Subsec. (c)(1). Pub. L. 106–181, §104(a)(2)(A), (C), inserted headings for par. (1) and subpar. (A) and realigned margins.
Subsec. (c)(1)(B). Pub. L. 106–181, §104(a)(1)(A), (2)(B), (C), inserted heading, substituted “$650,000” for “$500,000”, and realigned margins.
Subsec. (c)(1)(C) to (E). Pub. L. 106–181, §104(a)(1)(B), added subpars. (C) to (E).
Subsec. (c)(2)(A). Pub. L. 106–181, §104(b)(1), substituted “3 percent” for “2.5 percent”.
Subsec. (c)(2)(C). Pub. L. 106–181, §104(b)(2), substituted “In any fiscal year in which the total amount made available under section 48103 is less than $3,200,000,000, not more than” for “Not more than”.
Subsec. (d). Pub. L. 106–181, §104(c), amended heading and text of subsec. (d) generally, revising and restating as pars. (1) to (6) provisions formerly contained in pars. (1) to (3).
Subsec. (e). Pub. L. 106–181, §104(d)(1), substituted “Supplemental” for “Alternative” in heading.
Subsec. (e)(1). Pub. L. 106–181, §104(d)(2), (5), inserted heading, realigned margins, and in introductory provisions substituted “Notwithstanding” for “Instead of apportioning amounts for airports in Alaska under” and “airports in Alaska” for “those airports”.
Subsec. (e)(2). Pub. L. 106–181, §104(d)(3), (5), inserted heading and realigned margins.
Subsec. (e)(3), (4). Pub. L. 106–181, §104(d)(4), added pars. (3) and (4) and struck out former par. (3) which read as follows: “Airports referred to in this subsection include those public airports that received scheduled service as of September 3, 1982, but were not apportioned amounts in the fiscal year ending September 30, 1980, under section 15(a) of the Act because the airports were not under the control of a State or local public agency.”
Subsec. (f). Pub. L. 106–181, §105(c), designated existing provisions as par. (1), inserted heading, realigned margins, substituted “Subject to paragraph (3), an amount” for “An amount” and “an amount equal to—” and subpars. (A) and (B) for “an amount equal to 50 percent of the projected revenues from the fee in the fiscal year but not by more than 50 percent of the amount that otherwise would be apportioned under this section.”, and added pars. (2) and (3).
1996—Subsec. (c)(1)(A)(iv). Pub. L. 104–264, §121(a)(1)(B), substituted “of the next 500,000 passenger boardings” for “additional passenger boarding”.
Subsec. (c)(1)(A)(v). Pub. L. 104–264, §121(a)(1)(A), (C), (D), added cl. (v).
Subsec. (c)(2). Pub. L. 104–264, §121(a)(2)(A), amended par. (2) generally. Prior to amendment, par. (2) read as follows:
“(2)(A) The Secretary shall apportion to the sponsors of airports served by aircraft providing air transportation of only cargo with a total annual landed weight of more than 100,000,000 pounds for each fiscal year an amount equal to 3.5 percent of the amount subject to apportionment each year, allocated among those airports in the proportion that the total annual landed weight of those aircraft landing at each of those airports bears to the total annual landed weight of those aircraft landing at all those airports. However, not more than 8 percent of the amount apportioned under this paragraph may be apportioned for any one airport.
“(B) Landed weight under subparagraph (A) of this paragraph is the landed weight of aircraft landing at each of those airports and all those airports during the prior calendar year.”
Subsec. (c)(3). Pub. L. 104–264, §121(a)(3), struck out par. (3) which read as follows:
“(3)(A) Except as provided in subparagraph (B) of this paragraph, the total of all amounts apportioned under paragraphs (1) and (2) of this subsection may not be more than 49.5 percent of the amount subject to apportionment for a fiscal year. If this subparagraph requires reduction of an amount that otherwise would be apportioned under this subsection, the Secretary shall reduce proportionately the amount apportioned to each sponsor of an airport under paragraphs (1) and (2) until the 49.5 percent limit is achieved.
“(B) If a law limits the amount subject to apportionment to less than $1,900,000,000 for a fiscal year, the total of all amounts apportioned under paragraphs (1) and (2) of this subsection may not be more than 44 percent of the amount subject to apportionment for that fiscal year. If this subparagraph requires reduction of an amount that otherwise would be apportioned under this subsection, the Secretary shall reduce proportionately the amount apportioned to each sponsor of an airport under paragraphs (1) and (2) until the 44 percent limit is achieved.”
Subsec. (d)(2). Pub. L. 104–264, §121(b)(1), substituted “18.5” for “12” in introductory provisions.
Subsec. (d)(2)(A). Pub. L. 104–264, §121(b)(2), substituted “0.66” for “one”.
Subsec. (d)(2)(B), (C). Pub. L. 104–264, §121(b)(3), (4), substituted “49.67” for “49.5” and “excluding primary airports but including reliever and nonprimary commercial service airports,” for “except primary airports and airports described in section 47117(e)(1)(C) of this title,”.
1994—Subsec. (c)(1)(B). Pub. L. 103–429, §6(66)(A), substituted “$500,000” for “$400,000”.
Subsec. (c)(3). Pub. L. 103–429, §6(66)(B), designated existing provisions as subpar. (A), substituted “Except as provided in subparagraph (B) of this paragraph, the” for “The”, “49.5” for “44” in two places, and “If this subparagraph” for “If this paragraph”, and added subpar. (B).
Effective Date of 2003 Amendment
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
Effective Date of 1996 Amendment
Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title.
Section 125 of title I of Pub. L. 104–264, which provided that the amendments made by subtitle B (§§121–125) of title I of Pub. L. 104–264, amending this section and sections 47115, 47117, and 47118 of this title, were to cease to be effective on Sept. 30, 1998, and that on and after such date, sections 47114, 47115, 47117, and 47118 of this title were to read as if such amendments had not been enacted, was repealed by Pub. L. 105–277, div. C, title I, §110(a), Oct. 21, 1998, 112 Stat. 2681–587, effective Sept. 29, 1998.
Effective Date of 1994 Amendment
Amendment by section 6(66)(B) of Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.
Apportioned Funds
Pub. L. 107–71, title I, §119(b), Nov. 19, 2001, 115 Stat. 629, provided that: “For the purpose of carrying out section 47114 of title 49, United States Code, for fiscal year 2003, the Secretary shall use, in lieu of passenger boardings at an airport during the prior calendar year, the greater of—
“(1) the number of passenger boardings at that airport during 2000; or
“(2) the number of passenger boardings at that airport during 2001.”
[For definition of “airport” used in section 119(b) of Pub. L. 107–71, set out above, see section 133 of Pub. L. 107–71, set out as a note under section 40102 of this title.]
§47115. Discretionary fund
(a)
(1) amounts subject to apportionment for a fiscal year that are not apportioned under section 47114(c)–(e) of this title; and
(2) 12.5 percent of amounts not apportioned under section 47114 of this title because of section 47114(f).
(b)
(c)
(1) to preserve and enhance capacity, safety, and security at primary and reliever airports; and
(2) to carry out airport noise compatibility planning and programs at primary and reliever airports.
(d)
(1)
(A) the effect that the project will have on overall national transportation system capacity;
(B) the benefit and cost of the project, including, in the case of a project at a reliever airport, the number of operations projected to be diverted from a primary airport to the reliever airport as a result of the project, as well as the cost savings projected to be realized by users of the local airport system;
(C) the financial commitment from non-United States Government sources to preserve or improve airport capacity;
(D) the airport improvement priorities of the States to the extent such priorities are not in conflict with subparagraphs (A) and (B);
(E) the projected growth in the number of passengers or aircraft that will be using the airport at which the project will be carried out; and
(F) the ability of the project to foster United States competitiveness in securing global air cargo activity at a United States airport.
(2)
(A) funding has been provided for all other projects qualifying for funding during the fiscal year under this chapter that have attained a higher score under the numerical priority system employed by the Secretary in administering the fund; and
(B) the sponsor will be able to commence the work identified in the project application in the fiscal year in which the grant is made or within 6 months after the grant is made, whichever is later.
(e)
(f)
(1)
(2)
(g)
(1)
(A) $148,000,000; plus
(B) the total amount required from the fund to carry out in the fiscal year letters of intent issued before January 1, 1996, under section 47110(e) of this title or the Airport and Airway Improvement Act of 1982.
The amount credited is exclusive of amounts that have been apportioned in a prior fiscal year under section 47114 of this title and that remain available for obligation.
(2)
(3)
(h)
(i)
(j)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1270; Pub. L. 103–305, title I, §112(d), Aug. 23, 1994, 108 Stat. 1576; Pub. L. 103–429, §6(67), Oct. 31, 1994, 108 Stat. 4386; Pub. L. 104–264, title I, §§122, 145, Oct. 9, 1996, 110 Stat. 3218, 3222; Pub. L. 104–287, §5(81), Oct. 11, 1996, 110 Stat. 3397; Pub. L. 106–6, §§5, 8(a), Mar. 31, 1999, 113 Stat. 10, 11; Pub. L. 107–71, title I, §119(a)(3), Nov. 19, 2001, 115 Stat. 628; Pub. L. 108–176, title I, §§148, 188, Dec. 12, 2003, 117 Stat. 2504, 2519.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47115(a) | 49 App.:2206(c)(1) (1st, 2d sentences). | Sept. 3, 1982, Pub. L. 97–248, §507(c), 96 Stat. 679; Jan. 6, 1983, Pub. L. 97–424, §426(a), (d), 96 Stat. 2167, 2168; restated Dec. 30, 1987, Pub. L. 100–223, §106(a), 101 Stat. 1496; Nov. 5, 1990, Pub. L. 101–508, §9112(a), 104 Stat. 1388–362. |
| 47115(b) | 49 App.:2206(c)(1) (3d, last sentences). | |
| 47115(c) | 49 App.:2206(c)(2). | |
| 47115(d) | 49 App.:2206(c)(3). | |
| 47115(e) | 49 App.:2206(c)(4). |
In subsection (a), before clause (1), the words “The Secretary of Transportation has a discretionary fund” are added for clarity. In clause (1), the words “subject to apportionment for a fiscal year” are substituted for “which are made available for a fiscal year under section 2204 of this Appendix” and “which have not been previously apportioned by the Secretary” for consistency with section 47114 of the revised title.
In subsection (c), before clause (1), the words “Subject to section 2207(d) of this Appendix and paragraph (4) of this subsection” and “pursuant to paragraph (1) and distributed by the Secretary under this subsection in a fiscal year beginning after September 30, 1987” are omitted as surplus.
In subsection (d), before clause (1), the words “at airports” are omitted as surplus. In clause (3), the words “airport operator or other” are omitted as surplus.
In subsection (e), the words “submitted in compliance with this chapter” and “portion of” are omitted as surplus.
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47115(f) | 49 App.:2206(c)(5). | Sept. 3, 1982, Pub. L. 97–248, §507(c)(5), as added May 26, 1994, Pub. L. 103–260, §104(a), 108 Stat. 698. |
| 49 App.:2206 (note). | May 26, 1994, Pub. L. 103–260, §104(b), 108 Stat. 699. |
In subsection (f), the text of section 104(b) of the Airport Improvement Program Temporary Extension Act of 1994 (Public Law 103–260, 108 Stat. 699) is omitted as executed.
Pub. L. 104–287, §5(81)(A)
This sets out the date of enactment of 49:47115(f), as enacted by section 112(d) of the Federal Aviation Administration Authorization Act of 1994 (Public Law 103–305, 108 Stat. 1576).
Pub. L. 104–287, §5(81)(B)
This redesignates 49:47115(f), as enacted by section 6(67) of the Act of October 31, 1994 (Public Law 103–429, 108 Stat. 4386), as 49:47115(g).
References in Text
The Airport and Airway Improvement Act of 1982, referred to in subsec. (g)(1)(B), is title V of Pub. L. 97–248, Sept. 3, 1982, 96 Stat. 671, as amended, which was classified principally to chapter 31 (§2201 et seq.) of former Title 49, Transportation, and was substantially repealed by Pub. L. 103–272, §7(b), July 5, 1994, 108 Stat. 1379, and reenacted by the first section thereof as this subchapter.
Section 47102(3)(J), referred to in subsec. (i), was repealed and subpar. (M) was redesignated (J) by Pub. L. 108–176, title I, §159(b)(1)(A), Dec. 12, 2003, 117 Stat. 2510.
Amendments
2003—Subsec. (d). Pub. L. 108–176, §148, amended subsec. (d) generally. Prior to amendment, subsec. (d) listed six things the Secretary was required to consider in selecting a project for a grant to preserve and enhance capacity as described in subsection (c)(1) of this section.
Subsec. (j). Pub. L. 108–176, §188, added subsec. (j).
2001—Subsec. (i). Pub. L. 107–71 added subsec. (i).
1999—Subsec. (a)(2). Pub. L. 106–6, §8(a)(1), substituted “12.5” for “25”.
Subsec. (b). Pub. L. 106–6, §8(a)(2), struck out at end “However, 50 percent of amounts not apportioned under section 47114 of this title because of section 47114(f) and added to the fund is available for making grants for projects at small hub airports (as defined in section 41731 of this title).”
Subsec. (g)(4). Pub. L. 106–6, §5, which directed the amendment of section 47115(g) by striking paragraph (4), without specifying the Code title to be amended, was executed by striking heading and text of par. (4) of subsec. (g) of this section, to reflect the probable intent of Congress. Text read as follows: “For a fiscal year in which the amount credited to the fund under this subsection exceeds $300,000,000, the Secretary shall allocate the amount of such excess as follows:
“(A) 1/3 shall be made available to airports for which apportionments are made under section 47114(d) of this title.
“(B) 1/3 shall be made available for airport noise compatibility planning under section 47505(a)(2) of this title and for carrying out noise compatibility programs under section 47504(c)(1) of this title.
“(C) 1/3 shall be made available to current or former military airports for which grants may be made under section 47117(e)(1)(B) of this title.”
1996—Subsec. (d)(2). Pub. L. 104–264, §145(a)(1), substituted “, including, in the case of a project at a reliever airport, the number of operations projected to be diverted from a primary airport to the reliever airport as a result of the project, as well as the cost savings projected to be realized by users of the local airport system;” for “; and”.
Subsec. (d)(4) to (6). Pub. L. 104–264, §145(a)(2), (3), added pars. (4) to (6).
Subsec. (f). Pub. L. 104–287, §5(81)(B), which directed that subsec. (f), as enacted by Pub. L. 103–429, be redesignated (g), could not be executed because of amendment by Pub. L. 104–264, §122, which struck out that subsec. See below.
Pub. L. 104–264, §122, struck out subsec. (f), relating to minimum amount to be credited, which read as follows:
“(f)
“(2) In a fiscal year in which the amount credited under subsection (a) of this section is less than $325,000,000, the total amount calculated under paragraph (3) of this subsection shall be reduced by an amount that, when credited to the fund, together with the amount credited under subsection (a), equals $325,000,000.
“(3) For a fiscal year, the total amount available to reduce to carry out paragraph (2) of this subsection is the total of the amounts determined under sections 47114(c)(1)(A) and (2) and (d) and 47117(e) of this title. Each amount shall be reduced by an equal percentage to achieve the reduction.”
Subsec. (f)(2). Pub. L. 104–287, §5(81)(A), substituted “August 23, 1994” for “the date of the enactment of this subsection”.
Subsec. (g). Pub. L. 104–264, §122, added subsec. (g).
Subsec. (h). Pub. L. 104–264, §145(b), added subsec. (h).
1994—Subsec. (f). Pub. L. 103–429 added subsec. (f) relating to minimum amount to be credited.
Pub. L. 103–305 added subsec. (f) relating to consideration of diversion of revenues in awarding discretionary grants.
Effective Date of 2003 Amendment
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
Effective Date of 1996 Amendments
Amendment by section 5(81)(B) of Pub. L. 104–287 effective Sept. 30, 1998, see section 8(2) of Pub. L. 104–287, as amended, set out as a note under section 47117 of this title.
Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title.
1 See References in Text note below.
2 So in original. Probably should be “non-Federal”.
§47116. Small airport fund
(a)
(b)
(1) one-seventh for grants for projects at small hub airports; and
(2) the remaining amounts based on the following:
(A) one-third for grants to sponsors of public-use airports (except commercial service airports).
(B) two-thirds for grants to sponsors of each commercial service airport that each year has less than .05 percent of the total boardings in the United States in that year.
(c)
(d)
(1)
(2)
(e)
(f)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1271; Pub. L. 104–264, title I, §146, Oct. 9, 1996, 110 Stat. 3223; Pub. L. 106–6, §8(b), Mar. 31, 1999, 113 Stat. 11; Pub. L. 106–181, title I, §128, Apr. 5, 2000, 114 Stat. 76; Pub. L. 108–176, title VIII, §801(b), Dec. 12, 2003, 117 Stat. 2587.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47116(a) | 49 App.:2206(d)(1) (words before “to be distributed”). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §507(d); added Nov. 5, 1990, Pub. L. 101–508, §9112(b), 104 Stat. 1388–362. |
| 47116(b) | 49 App.:2206(d)(1) (words after “small airport fund”), (2), (3). | |
| 47116(c) | 49 App.:2206(d)(4). |
In subsection (a), the words “The Secretary of Transportation has a small airport fund” are added for clarity.
In subsection (b), before clause (1), the words “under this subsection” are omitted as surplus. In clauses (1) and (2), the words “used” and “making” are omitted as surplus.
In subsection (c), the word “pilot” is added for consistency with section 47128 of the revised title.
Amendments
2003—Subsec. (b)(1). Pub. L. 108–176 struck out “(as defined in section 41731 of this title)” after “small hub airports”.
2000—Subsec. (d). Pub. L. 106–181, §128(c), designated existing provisions as par. (1), inserted heading, realigned margins, and added par. (2).
Subsec. (e). Pub. L. 106–181, §128(a), added subsec. (e).
Subsec. (f). Pub. L. 106–181, §128(b), added subsec. (f).
1999—Subsec. (a). Pub. L. 106–6, §8(b)(1), substituted “87.5” for “75”.
Subsec. (b). Pub. L. 106–6, §8(b)(2), added pars. (1) and (2) and redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (2).
1996—Subsec. (d). Pub. L. 104–264 added subsec. (d).
Effective Date of 2003 Amendment
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
Effective Date of 1996 Amendment
Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title.
§47117. Use of apportioned amounts
(a)
(b)
(c)
(2)
(d)
(1) section 47114(d)(2)(A) of this title is available for grants for airports located in the State; and
(2) section 47114(d)(2)(B) or (C) of this title is available for grants for airports described in section 47114(d)(2)(B) or (C) and located in the State.
(e)
(A) At least 35 percent for grants for airport noise compatibility planning under section 47505(a)(2), for carrying out noise compatibility programs under section 47504(c), for noise mitigation projects approved in an environmental record of decision for an airport development project under this title, for compatible land use planning and projects carried out by State and local governments under section 47141, and for airport development described in section 47102(3)(F), 47102(3)(K), or 47102(3)(L) to comply with the Clean Air Act (42 U.S.C. 7401 et seq.). The Secretary may count the amount of grants made for such planning and programs with funds apportioned under section 47114 in that fiscal year in determining whether or not such 35 percent requirement is being met in that fiscal year.
(B) at 1 least 4 percent to sponsors of current or former military airports designated by the Secretary under section 47118(a) of this title for grants for developing current and former military airports to improve the capacity of the national air transportation system and to sponsors of noncommercial service airports for grants for operational and maintenance expenses at any such airport if the amount of such grants to the sponsor of the airport does not exceed $30,000 in that fiscal year, if the Secretary determines that the airport is adversely affected by the closure or realignment of a military base, and if the sponsor of the airport certifies that the airport would otherwise close if the airport does not receive the grant.
(C) In any fiscal year in which the total amount made available under section 48103 is $3,200,000,000 or more, at least two-thirds of 1 percent for grants to sponsors of reliever airports which have—
(i) more than 75,000 annual operations;
(ii) a runway with a minimum usable landing distance of 5,000 feet;
(iii) a precision instrument landing procedure;
(iv) a minimum number of aircraft, to be determined by the Secretary, based at the airport; and
(v) been designated by the Secretary as a reliever airport to an airport with 20,000 hours of annual delays in commercial passenger aircraft takeoffs and landings.
(2) If the Secretary decides that an amount required to be used for grants under paragraph (1) of this subsection cannot be used for a fiscal year because there are insufficient qualified grant applications, the amount the Secretary determines cannot be used is available during the fiscal year for grants for other airports or for other purposes for which amounts are authorized for grants under section 48103 of this title.
(3)
(A) Chicago O'Hare International Airport;
(B) LaGuardia Airport;
(C) John F. Kennedy International Airport; and
(D) Ronald Reagan Washington National Airport.
(f)
(1)
(2)
(A)
(B)
(3)
(A)
(B)
(4)
(g)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1271; Pub. L. 103–305, title I, §116(a), Aug. 23, 1994, 108 Stat. 1579; Pub. L. 103–429, §6(68), Oct. 31, 1994, 108 Stat. 4387; Pub. L. 104–264, title I, §§123, 124(d), Oct. 9, 1996, 110 Stat. 3219, 3220; Pub. L. 104–287, §5(82), Oct. 11, 1996, 110 Stat. 3397; Pub. L. 105–102, §3(c)(1), (2), Nov. 20, 1997, 111 Stat. 2215; Pub. L. 106–6, §7, Mar. 31, 1999, 113 Stat. 10; Pub. L. 106–31, title VI, §6002(d), May 21, 1999, 113 Stat. 113; Pub. L. 106–181, title I, §§104(e)–(g), 129, title II, §231(f), Apr. 5, 2000, 114 Stat. 70, 77, 114; Pub. L. 108–176, title I, §§149(c), 150, 151, Dec. 12, 2003, 117 Stat. 2505, 2506.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47117(a) | 49 App.:2207(b)(1) (related to purposes for which funds may be used). | Sept. 3, 1982, Pub. L. 97–248, §§506(e)(4), 508(b), 96 Stat. 679, 681. |
| 49 App.:2207(c) (1st sentence related to purposes for which funds are available). | Sept. 3, 1982, Pub. L. 97–248, §508(c), 96 Stat. 682; Dec. 30, 1987, Pub. L. 100–223, §106(b)(2)(C), 101 Stat. 1498. | |
| 47117(b) | 49 App.:2207(a). | Sept. 3, 1982, Pub. L. 97–248, §508(a), 96 Stat. 681; Dec. 30, 1987, Pub. L. 100–223, §106(b)(2)(A), (B), 101 Stat. 1497. |
| 47117(c)(1) | 49 App.:2207(b)(1) (related to airports at which funds may be used). | |
| 47117(c)(2) | 49 App.:2207(b)(2). | |
| 47117(d) | 49 App.:2207(c) (1st sentence related to airports at which funds are available, last sentence). | |
| 47117(e) | 49 App.:2202(a)(11). | Sept. 3, 1982, Pub. L. 97–248, §503(a)(11), 96 Stat. 673; Dec. 30, 1987, Pub. L. 100–223, §103(c)(1), 101 Stat. 1488. |
| 49 App.:2207(d). | Sept. 3, 1982, Pub. L. 97–248, §508(d), 96 Stat. 682; Dec. 30, 1987, Pub. L. 100–223, §§106(b)(2)(D), 107, 101 Stat. 1498; Nov. 5, 1990, Pub. L. 101–508, §9109(b), 104 Stat. 1388–356; Oct. 31, 1992, Pub. L. 102–581, §§107(a), 108, 106 Stat. 4878, 4879. | |
| 47117(f) | 49 App.:2206(b)(5)(D). | Sept. 3, 1982, Pub. L. 97–248, §507(b)(5)(D), 96 Stat. 679; Jan. 6, 1983, Pub. L. 97–424, §426(a), (d), 96 Stat. 2167, 2168; restated Dec. 30, 1987, Pub. L. 100–223, §106(a), 101 Stat. 1496. |
| 47117(g) | 49 App.:2207(e)(1). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §508(e)(1); added Oct. 2, 1982, Pub. L. 97–276, §167, 96 Stat. 1204; Dec. 30, 1987, Pub. L. 100–223, §106(b)(2)(E), 101 Stat. 1498. |
| 49 App.:2207(e)(2). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §508(e)(2); added Oct. 2, 1982, Pub. L. 97–276, §167, 96 Stat. 1205. | |
| 47117(h) | 49 App.:2205(e)(4). |
In subsection (b), the words “for grants” are added, and the word “apportioned” is substituted for “first authorized to be obligated”, for clarity. The words “established by section 2206(c) of this Appendix” are omitted as surplus.
In subsection (c)(2), the word “if” is substituted for “on the condition that” to eliminate unnecessary words. The word “in” is substituted for “which is a part of” for clarity.
Subsection (d) is substituted for 49 App.:2207(c) (1st sentence related to airports at which funds are available) for clarity. The text of 49 App.:2207(c) (last sentence) is omitted as surplus because of section 47105(a) of the revised title.
In subsection (e)(1), the words “The Secretary shall use . . . (A) . . . for grants . . . (B) . . . for grants . . . (C) . . . for grants . . . (D) . . . for . . . grants . . . (E) . . . for grants” are substituted for “shall be distributed” and “shall be obligated” for clarity and consistency in the revised title. Clause (C)(ii) is substituted for 49 App.:2207(d)(3)(B) and (C) to eliminate unnecessary words. In clause (E), the references to fiscal years 1991 and 1992 are omitted as obsolete.
In subsection (e)(2), the words “for each fiscal year” are omitted as surplus.
In subsection (e)(3), the words “an amount required to be used for grants under paragraph (1) of this subsection cannot be used” are substituted for “he will not be able to distribute the amount of funds required to be distributed under paragraph (1), (2), (3), or (4) of this subsection” for consistency. The words “submitted in compliance with this chapter” are omitted as surplus. The words “cannot be used” are substituted for “will not be distributed” for consistency. The words “for which amounts are” are added for clarity and consistency in this chapter.
Subsection (f) is substituted for 49 App.:2206(b)(5)(D) for clarity and consistency in the revised title.
In subsection (g)(1), the words “and (3)” are omitted because 49 App.:2207(e)(3) has expired. The words “at his discretion” are omitted as surplus.
In subsection (g)(2)(A), the words “made available” are substituted for “authorized” for clarity.
In subsection (h), the words “to make grants” are substituted for “to obligate to an airport by grant agreement” for consistency in the revised title and to eliminate unnecessary words. The words “the unobligated balance of” are omitted as surplus. The words “limits that authority” are substituted for “limits the application of this paragraph” for clarity. The words “in addition to the amounts authorized for that fiscal year by section 2204 of this Appendix” are omitted as surplus.
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47117(e) | 49 App.:2207(d). | Sept. 3, 1982, Pub. L. 97–248, §508(d), as amended May 26, 1994, Pub. L. 103–260, §105, 108 Stat. 699. |
Pub. L. 104–287, §5(82)(A)
This amends 49:47117(e)(1)(B) because of the redesignation of 49:47504(c)(1)(C) and (D) as 49:47504(c)(2)(C) and (D) by section 6(71)(C) of the Act of October 31, 1994 (Public Law 103–429, 108 Stat. 4387).
Pub. L. 104–287, §5(82)(B)
This amends 49:47117(g)(1) because of the redesignation of 49:47105(e) as 49:47105(f) by section 107(a)(1) of the Federal Aviation Administration Authorization Act of 1994 (Public Law 103–305, 108 Stat. 1572).
References in Text
The Clean Air Act, referred to in subsec. (e)(1)(A), is act July 14, 1955, ch. 360, 69 Stat. 322, as amended, which is classified generally to chapter 85 (§7401 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 7401 of Title 42 and Tables.
Amendments
2003—Subsec. (b). Pub. L. 108–176, §150, substituted “nonhub airport or any airport that is not a commercial service airport” for “primary airport that had less than .05 percent of the total boardings in the United States in the preceding calendar year”.
Subsec. (c)(2). Pub. L. 108–176, §149(c), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “A sponsor of a primary airport may make an agreement with the Secretary of Transportation waiving any part of the amount apportioned for the airport under section 47114(c)(1) of this title if the Secretary makes the waived amount available for a grant for another public-use airport in the same State or geographical area as the primary airport.”
Subsec. (e)(1)(A). Pub. L. 108–176, §151, substituted “At least 35 percent” for “At least 34 percent”, “section 47505(a)(2),” for “section 47505(a)(2) of this title and”, “, for noise mitigation projects approved in an environmental record of decision for an airport development project under this title, for compatible land use planning and projects carried out by State and local governments under section 47141, and for airport development described in section 47102(3)(F), 47102(3)(K), or 47102(3)(L) to comply with the Clean Air Act (42 U.S.C. 7401 et seq.).” for “of this title.”, and “35 percent requirement” for “34 percent requirement”.
2000—Subsec. (e)(1)(A). Pub. L. 106–181, §104(e), substituted “34 percent” for “31 percent” in two places.
Subsec. (e)(1)(C). Pub. L. 106–181, §104(f), added subpar. (C).
Subsec. (e)(3). Pub. L. 106–181, §231(f), added par. (3).
Subsec. (f). Pub. L. 106–181, §129, amended subsec. (f) generally. Prior to amendment, subsec. (f) read as follows:
“(f)
“(2) The Secretary may make a grant under paragraph (1) of this subsection only if the Secretary decides that—
“(A) the total amount used for grants for the fiscal year under section 48103 of this title will not be more than the amount made available under section 48103 for that fiscal year; and
“(B) the amounts authorized for grants under section 48103 of this title for later fiscal years are sufficient for grants of the apportioned amounts that were not used for grants under the apportionment during the fiscal year and that remain available under subsection (b) of this section.”
Pub. L. 106–181, §104(g), redesignated subsec. (g) as (f) and struck out heading and text of former subsec. (f). Text read as follows: “The Secretary may not make a grant for a commercial service airport in Alaska of more than 110 percent of the amount apportioned for the airport for a fiscal year under section 47114(e) of this title.”
Subsecs. (g), (h). Pub. L. 106–181, §104(g), redesignated subsecs. (g) and (h) as (f) and (g), respectively.
1999—Subsec. (e)(1)(B). Pub. L. 106–31 struck out “for each of fiscal years 1997 and 1998” after “4 percent”.
Pub. L. 106–6 made amendment identical to that made by Pub. L. 105–102, §3(c)(2). See 1997 Amendment note below.
1997—Subsec. (e)(1)(A). Pub. L. 105–102, §3(c)(1)(B), added Pub. L. 104–264, §123(d). See 1996 Amendment note below.
Subsec. (e)(1)(B). Pub. L. 105–102, §3(c)(2), repealed Pub. L. 104–264, §124(d). See 1996 Amendment note below.
Pub. L. 105–102, §3(c)(1)(A), amended Pub. L. 104–264, §123(b)(6). See 1996 Amendment note below.
1996—Subsec. (b). Pub. L. 104–264, §123(a), inserted “or the 3 fiscal years immediately following that year in the case of a primary airport that had less than .05 percent of the total boardings in the United States in the preceding calendar year” before period at end of first sentence.
Subsec. (e)(1). Pub. L. 104–264, §123(b)(1), substituted “available to the discretionary fund under section 47115” for “made available under section 48103” in introductory provisions.
Subsec. (e)(1)(A). Pub. L. 104–264, §123(d), as added by Pub. L. 105–102, §3(c)(1)(B), substituted “47504(c)” for “47504(c)(1)”.
Pub. L. 104–264, §123(b)(4), (5), substituted “At least 31” for “at least 12.5” and inserted at end “The Secretary may count the amount of grants made for such planning and programs with funds apportioned under section 47114 in that fiscal year in determining whether or not such 31 percent requirement is being met in that fiscal year.”
Pub. L. 104–264, §123(b)(2), (3), redesignated subpar. (B) as (A) and struck out former subpar. (A) which read as follows: “at least 5 percent for grants for reliever airports.”
Subsec. (e)(1)(B). Pub. L. 104–287, §5(82)(A), which directed the amendment of subpar. (B) by substituting “47504(c)” for “47504(c)(1)”, could not be executed because “47504(c)(1)” did not appear in text of subpar. (B) subsequent to amendment by Pub. L. 104–264. See below.
Pub. L. 104–264, §124(d), which directed the amendment of subpar. (B) by substituting “1996, 1997, and 1998” for “and 1996,”, was repealed by Pub. L. 105–102, §3(c)(2).
Pub. L. 104–264, §123(b)(6), as amended by Pub. L. 105–102, §3(c)(1)(A), substituted “at least 4 percent for each of fiscal years 1997 and 1998” for “at least 2.25 percent for the fiscal year ending September 30, 1993, and at least 2.5 percent for each of the fiscal years ending September 30, 1994, 1995, and 1996,”.
Pub. L. 104–264, §123(b)(3), (7), redesignated subpar. (E) as (B) and inserted before period at end “and to sponsors of noncommercial service airports for grants for operational and maintenance expenses at any such airport if the amount of such grants to the sponsor of the airport does not exceed $30,000 in that fiscal year, if the Secretary determines that the airport is adversely affected by the closure or realignment of a military base, and if the sponsor of the airport certifies that the airport would otherwise close if the airport does not receive the grant”. Former subpar. (B) redesignated (A).
Subsec. (e)(1)(C), (D). Pub. L. 104–264, §123(b)(2), struck out subpars. (C) and (D) which read as follows:
“(C) at least 1.5 percent for grants for—
“(i) nonprimary commercial service airports; and
“(ii) public airports (except commercial service airports) that were eligible for United States Government assistance from amounts apportioned under section 15(a)(3) of the Airport and Airway Development Act of 1970, and to which section 15(a)(3)(A)(I) or (II) of the Act applied during the fiscal year that ended September 30, 1981.
“(D) at least .75 percent for integrated airport system planning grants to planning agencies designated by the Secretary and authorized by the laws of a State or political subdivision of a State to do planning for an area of the State or subdivision in which a grant under this chapter is to be used.”
Subsec. (e)(1)(E). Pub. L. 104–264, §123(b)(3), redesignated subpar. (E) as (B).
Subsec. (e)(2), (3). Pub. L. 104–264, §123(c), redesignated par. (3) as (2) and struck out former par. (2) which read as follows: “A grant from the amount apportioned under section 47114(e) of this title may not be included as part of the 1.5 percent required to be used for grants under paragraph (1)(C) of this subsection.”
Subsec. (g)(1). Pub. L. 104–287, §5(82)(B), substituted “47105(f)” for “47105(e)”.
1994—Subsec. (e)(1)(A). Pub. L. 103–429, §6(68)(A), substituted “5 percent” for “10 percent”.
Subsec. (e)(1)(C). Pub. L. 103–429, §6(68)(B), substituted “1.5 percent” for “2.5 percent” in introductory provisions.
Subsec. (e)(1)(D). Pub. L. 103–429, §6(68)(C), substituted “.75 percent” for “.5 percent”.
Subsec. (e)(1)(E). Pub. L. 103–305 substituted “, 1995, and 1996” for “, and 1995”.
Subsec. (e)(2). Pub. L. 103–429, §6(68)(D), substituted “1.5 percent” for “2.5 percent”.
Effective Date of 2003 Amendment
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
Effective Date of 1997 Amendment
Pub. L. 105–102, §3(c), Nov. 20, 1997, 111 Stat. 2215, provided that the amendment made by section 3(c)(1)(B) is effective Oct. 9, 1996.
Amendment by Pub. L. 105–102 effective as if included in the provisions of the Act to which the amendment relates, see section 3(f) of Pub. L. 105–102, set out as a note under section 106 of this title.
Effective Date of 1996 Amendments
Section 8(2) of Pub. L. 104–287, as amended by Pub. L. 105–102, §3(d)(2)(B), Nov. 20, 1997, 111 Stat. 2215, provided that: “The amendments made by section 5(81)(B), (82)(A), and (83)(A) [amending this section and sections 47115 and 47118 of this title] shall take effect on September 30, 1998.”
Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title.
1 So in original. Probably should be capitalized.
§47118. Designating current and former military airports
(a)
(1) the airport is a former military installation closed or realigned under—
(A) section 2687 of title 10;
(B) section 201 of the Defense Authorization Amendments and Base Closure and Realignment Act (10 U.S.C. 2687 note); or
(C) section 2905 of the Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note); or
(2) the airport is a military installation with both military and civil aircraft operations.
(b)
(c)
(1) reduce delays at an airport with more than 20,000 hours of annual delays in commercial passenger aircraft takeoffs and landings; or
(2) enhance airport and air traffic control system capacity in a metropolitan area or reduce current and projected flight delays.
(d)
(e)
(1) may not be leased for more than 10 years; and
(2) is not subject to majority in interest clauses.
(f)
(1)
(2)
(g)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1273; Pub. L. 103–305, title I, §116(b)–(d), Aug. 23, 1994, 108 Stat. 1579; Pub. L. 104–264, title I, §124(a)–(c), Oct. 9, 1996, 110 Stat. 3219, 3220; Pub. L. 104–287, §5(83), Oct. 11, 1996, 110 Stat. 3397; Pub. L. 106–181, title I, §130, Apr. 5, 2000, 114 Stat. 78; Pub. L. 108–176, title I, §153, Dec. 12, 2003, 117 Stat. 2507.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47118(a) | 49 App.:2207(f)(1). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §508(f)(1); added Nov. 5, 1990, Pub. L. 101–508, §9109(c), 104 Stat. 1388–356; Oct. 31, 1992, Pub. L. 102–581, §107(b), 106 Stat. 4878. |
| 47118(b) | 49 App.:2207(f)(2). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §508(f)(2)–(5); added Nov. 5, 1990, Pub. L. 101–508, §9109(c), 104 Stat. 1388–356. |
| 47118(c) | 49 App.:2207(f)(3). | |
| 47118(d) | 49 App.:2207(f)(4). | |
| 47118(e) | 49 App.:2207(f)(5). | |
| 47118(f) | 49 App.:2207(f)(6). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §508(f)(6); added Oct. 31, 1992, Pub. L. 102–581, §107(c)(1), 106 Stat. 4878. |
In subsection (d), the word “Grants” is substituted for “to participate in the program”, and the word “grants” is substituted for “participation in the program”, for clarity and consistency and to eliminate unnecessary words.
In subsection (e), before clause (1), the words “at the discretion” and “with Federal funding” are omitted as surplus.
Pub. L. 104–287, §5(83)(A)
This sets out the date of enactment of 49:47118(a) (last sentence).
Pub. L. 104–287, §5(83)(B)
This makes a clarifying amendment to 49:47118(e) because 49:47109(c) was struck by section 114(b) of the Federal Aviation Administration Authorization Act of 1994 (Public Law 103–305, 108 Stat. 1579).
References in Text
Section 201 of the Defense Authorization Amendments and Base Closure and Realignment Act, referred to in subsec. (a)(1)(B), is section 201 of Pub. L. 100–526, which is set out in a note under section 2687 of Title 10, Armed Forces.
Section 2905 of the Defense Base Closure and Realignment Act of 1990, referred to in subsec. (a)(1)(C), is section 2905 of Pub. L. 101–510, which is set out in a note under section 2687 of Title 10.
Amendments
2003—Subsec. (e). Pub. L. 108–176, §153(1), substituted “From amounts the Secretary distributes to an airport under section 47115, $10,000,000 for each of fiscal years 2004 and 2005, and $7,000,000 for each fiscal year thereafter, is available” for “Not more than $7,000,000 for each airport from amounts the Secretary distributes under section 47115 of this title for a fiscal year is available” in introductory provisions.
Subsec. (f). Pub. L. 108–176, §153(2), (3), inserted par. (1) designation and heading, substituted “From amounts the Secretary distributes to an airport under section 47115, $10,000,000 for each of fiscal years 2004 and 2005, and $7,000,000 for each fiscal year thereafter, is available” for “Not more than a total of $7,000,000 for each airport from amounts the Secretary distributes under section 47115 of this title for fiscal years beginning after September 30, 1992, is available”, and added par. (2).
2000—Subsec. (a). Pub. L. 106–181, §130(a)(1)(A), substituted “15” for “12” in introductory provisions.
Subsec. (a)(2). Pub. L. 106–181, §130(a)(1)(B), added par. (2) and struck out former par. (2) which read as follows: “the Secretary finds that such grants would—
“(A) reduce delays at an airport with more than 20,000 hours of annual delays in commercial passenger aircraft takeoffs and landings; or
“(B) enhance airport and air traffic control system capacity in a metropolitan area or reduce current and projected flight delays.”
Subsec. (c). Pub. L. 106–181, §130(a)(2), added subsec. (c) and struck out heading and text of former subsec. (c). Text read as follows: “In carrying out this section, the Secretary shall consider only current or former military airports that, when at least partly converted to civilian commercial or reliever airports as part of the national air transportation system, will enhance airport and air traffic control system capacity in major metropolitan areas and reduce current and projected flight delays.”
Subsec. (d). Pub. L. 106–181, §130(a)(3), substituted “47117(e)(1)(B)” for “47117(e)(1)(E)”, “periods, each not to exceed 5 fiscal years,” for “5-fiscal-year periods”, and “each such subsequent period” for “each such subsequent 5-fiscal-year period”.
Subsec. (e). Pub. L. 106–181, §130(b), substituted “$7,000,000” for “$5,000,000”.
Subsec. (f). Pub. L. 106–181, §130(c), in heading, substituted “Hangars, and Air Cargo Terminals” for “and Hangars” and, in text, substituted “$7,000,000” for “$4,000,000” and inserted “and air cargo terminals of an area that is 50,000 square feet or less” before period at end.
Subsec. (g). Pub. L. 106–181, §130(a)(4), added subsec. (g).
1996—Subsec. (a). Pub. L. 104–287, §5(83)(A), which directed amendment of subsec. (a) by substituting “before August 24, 1994” for “on or before the date of the enactment of this sentence”, could not be executed because the phrase to be amended did not appear subsequent to amendment by Pub. L. 104–264, §124(a). See below.
Pub. L. 104–264, §124(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows:
“(a)
Subsec. (d). Pub. L. 104–264, §124(b), substituted “designation, and for subsequent 5-fiscal-year periods if the Secretary determines that the airport satisfies the designation criteria under subsection (a) at the beginning of each such subsequent 5-fiscal-year period.” for “designation.”
Subsec. (e). Pub. L. 104–287, §5(83)(B), substituted “Not” for “Notwithstanding section 47109(c) of this title, not”.
Subsec. (f). Pub. L. 104–264, §124(c), amended subsec. (f) by substituting “Utilities, and Hangars” for “and Utilities” in heading and “for fiscal years beginning after September 30, 1992,” for “for the fiscal years ending September 30, 1993–1996,” and “utilities, and hangars” for “and utilities” in text.
1994—Subsec. (a). Pub. L. 103–305, §116(b), substituted “15” for “12” and inserted at end “The Secretary may only designate an airport for such grants (other than an airport designated for such grants on or before the date of the enactment of this sentence) if the Secretary finds that grants under such section for projects at such airport would reduce delays at an airport with more than 20,000 hours of annual delays in commercial passenger aircraft takeoffs and landings.”
Subsec. (d). Pub. L. 103–305, §116(c), struck out at end “If an airport does not have a level of passengers getting on aircraft during that 5-year period that qualifies the airport as a small hub airport (as defined on January 1, 1990) or reliever airport, the Secretary may redesignate the airport for grants for additional fiscal years that the Secretary decides.”
Subsec. (f). Pub. L. 103–305, §116(d), substituted “September 30, 1993–1996” for “September 30, 1993–1995”.
Effective Date of 2003 Amendment
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
Effective Date of 1996 Amendments
Amendment by section 5(83)(A) of Pub. L. 104–287 effective Sept. 30, 1998, see section 8(2) of Pub. L. 104–287, as amended, set out as a note under section 47117 of this title.
Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title.
§47119. Terminal development costs
(a)
(1)
(2)
(3)
(A) that was a nonhub airport in the most recent year used to calculate apportionments under section 47114;
(B) that is a designated airport under section 47118 in fiscal year 2003; and
(C) at which terminal development is carried out between January 2003 and August 2004,
is available to repay immediately money borrowed and used to pay the costs for such terminal development if those costs would be allowable project costs under section 47110(d).
(4)
(A) the sponsor submits the certification required under section 47110(d);
(B) the Secretary of Transportation decides that using the amount to repay the borrowed money will not defer an airport development project outside the terminal area at that airport; and
(C) amounts available for airport development under this subchapter will not be used for additional terminal development projects at the airport for at least 1 year beginning on the date the grant is used to repay the borrowed money.
(5)
(b)
(1) to a sponsor of a primary airport, any part of amounts apportioned to the sponsor for the fiscal year under section 47114(c)(1) of this title to pay project costs allowable under section 47110(d) of this title;
(2) on approval of the Secretary, not more than $200,000 of the amount that may be distributed for the fiscal year from the discretionary fund established under section 47115 of this title—
(A) to a sponsor of a nonprimary commercial service airport to pay project costs allowable under section 47110(d) of this title; and
(B) to a sponsor of a reliever airport for the types of project costs allowable under section 47110(d), including project costs allowable for a commercial service airport that each year does not have more than .05 percent of the total boardings in the United States;
(3) for use by a primary airport that each year does not have more than .05 percent of the total boardings in the United States, any part of amounts that may be distributed for the fiscal year from the discretionary fund and small airport fund to pay project costs allowable under section 47110(d) of this title;
(4) not more than $25,000,000 to pay project costs allowable for the fiscal year under section 47110(d) of this title for projects at commercial service airports that were not eligible for assistance for terminal development during the fiscal year ending September 30, 1980, under section 20(b) of the Airport and Airway Development Act of 1970; or
(5) to a sponsor of a nonprimary airport, any part of amounts apportioned to the sponsor for the fiscal year under section 47114(d)(3)(A) for project costs allowable under section 47110(d).
(c)
(d)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1274; Pub. L. 103–305, title I, §117, Aug. 23, 1994, 108 Stat. 1579; Pub. L. 103–429, §6(69), Oct. 31, 1994, 108 Stat. 4387; Pub. L. 106–181, title I, §152(b), Apr. 5, 2000, 114 Stat. 87; Pub. L. 108–176, title I, §§149(d), 166, Dec. 12, 2003, 117 Stat. 2505, 2514.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47119(a) | 49 App.:2212(b)(4). | Sept. 3, 1982, Pub. L. 97–248, §513(b)(4), 96 Stat. 690; Dec. 30, 1987, Pub. L. 100–223, §106(b)(5)(B), 101 Stat. 1498. |
| 47119(b) | 49 App.:2212(b)(2). | Sept. 3, 1982, Pub. L. 97–248, §513(b)(2), 96 Stat. 690; Dec. 30, 1987, Pub. L. 100–223, §§106(b)(5)(A), 111(a)(1), 101 Stat. 1498, 1503. |
| 49 App.:2212(b)(3). | Sept. 3, 1982, Pub. L. 97–248, §513(b)(3), 96 Stat. 690. |
In subsection (a), before clause (1), the words “(within the meaning of section 11(1) of the Airport and Airway Development Act of 1970 [49 App. U.S.C. 1711(1)] as in effect immediately before September 3, 1982)” are omitted because of the definition of “air carrier airport” in section 47102 of the revised title. The words “after June 30, 1970” are substituted for “on or after July 1, 1970” for consistency in the revised title and with other titles of the United States Code and to eliminate unnecessary words. The words “to repay immediately money borrowed and used to pay the costs for terminal development at the airport, if those costs would be allowable project costs under section 47110(d) of this title” are substituted for “for the immediate retirement of the principal of bonds or other evidences of indebtedness the proceeds of which were used for that part of the terminal development at such airport the cost of which would be allowable under paragraph (1) of this subsection” for clarity and to eliminate unnecessary words.
In subsection (b), before clause (1), the words “In a fiscal year” are added for clarity. In clause (2), the words “from the discretionary fund” are substituted for “sums to be distributed at the discretion of the Secretary under section 2206(c) of this Appendix” for clarity and consistency in this chapter. In clause (3), the words “for projects” are added for clarity.
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47119(b) | 49 App.:2212(b)(2). | Sept. 3, 1982, Pub. L. 97–248, §513(b)(2), as amended May 26, 1994, Pub. L. 103–260, §107, 108 Stat. 700. |
In subsection (b)(3), the words “from the discretionary fund and small airport fund” are substituted for “sums to be distributed at the discretion of the Secretary under section 2206(c) and 2206(d) of this Appendix” for clarity and consistency in this chapter.
References in Text
Section 20(b) of the Airport and Airway Development Act of 1970, referred to in subsec. (b)(4), is section 20(b) of Pub. L. 91–258, which was classified to section 1720(b) of former Title 49, Transportation, prior to repeal by Pub. L. 97–248, title V, §523(a), Sept. 3, 1982, 96 Stat. 695.
Amendments
2003—Subsec. (a). Pub. L. 108–176, §166, amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: “An amount apportioned under section 47114 of this title and made available to the sponsor of an air carrier airport at which terminal development was carried out after June 30, 1970, and before July 12, 1976, or, in the case of a commercial service airport which annually had less than 0.05 percent of the total enplanements in the United States, between January 1, 1992, and October 31, 1992, is available to repay immediately money borrowed and used to pay the costs for terminal development at the airport, if those costs would be allowable project costs under section 47110(d) of this title if they had been incurred after September 3, 1982. An amount is available for a grant under this subsection—
“(1) only if—
“(A) the sponsor submits the certification required under section 47110(d) of this title;
“(B) the Secretary of Transportation decides that using the amount to repay the borrowed money will not defer an airport development project outside the terminal area at that airport; and
“(C) amounts available for airport development under this subchapter will not be used for additional terminal development projects at the airport for at least 3 years beginning on the date the grant is used to repay the borrowed money; and
“(2) subject to the limitations in subsection (b)(1) and (2) of this section.”
Subsec. (b)(5). Pub. L. 108–176, §149(d), added par. (5).
2000—Subsec. (d). Pub. L. 106–181 added subsec. (d).
1994—Subsec. (a). Pub. L. 103–305, §117(1), inserted “or, in the case of a commercial service airport which annually had less than 0.05 percent of the total enplanements in the United States, between January 1, 1992, and October 31, 1992,” after “July 12, 1976,”.
Subsec. (b)(2). Pub. L. 103–429, §6(69)(B), added par. (2) and struck out former par. (2) which read as follows: “to a sponsor of a nonprimary commercial service airport, not more than $200,000 of the amount that may be distributed for the fiscal year from the discretionary fund to pay project costs allowable under section 47110(d) of this title; or”.
Subsec. (b)(3). Pub. L. 103–429, §6(69)(B), added par. (3). Former par. (3) redesignated (4).
Subsec. (b)(4). Pub. L. 103–429, §6(69)(A), redesignated par. (3) as (4).
Subsec. (c). Pub. L. 103–305, §117(2), added subsec. (c).
Effective Date of 2003 Amendment
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
§47120. Grant priority
(a)
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1274; Pub. L. 106–181, title I, §162, Apr. 5, 2000, 114 Stat. 91.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47120 | 49 App.:2208(b)(9). | Sept. 3, 1982, Pub. L. 97–248, §509(b)(9), 96 Stat. 685. |
The words “In making a grant under this subchapter” are substituted for “In establishing priorities for distribution of funds available pursuant to section 2206 of this Appendix” for consistency in this chapter and to eliminate unnecessary words.
Amendments
2000—Pub. L. 106–181 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
§47121. Records and audits
(a)
(1) that disclose—
(A) the amount and disposition by the sponsor of the proceeds of the grant;
(B) the total cost of the plan or program for which the grant is given or used; and
(C) the amounts and kinds of costs of the plan or program provided by other sources; and
(2) that make it easier to carry out an audit.
(b)
(c)
(d)
(e)
(f)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1274; Pub. L. 104–316, title I, §127(f), Oct. 19, 1996, 110 Stat. 3840.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47121(a) | 49 App.:2217(a) (1st sentence). | Sept. 3, 1982, Pub. L. 97–248, §518, 96 Stat. 693. |
| 47121(b) | 49 App.:2217(b) (1st sentence). | |
| 47121(c) | 49 App.:2217(c). | |
| 47121(d) | 49 App.:2217(b) (last sentence). | |
| 47121(e) | 49 App.:2217(a) (last sentence). | |
| 47121(f) | 49 App.:2217(d). |
In subsections (a)–(d), the word “sponsor” is substituted for “recipient of a grant under this chapter” and “recipient” for clarity.
In subsection (a), before clause (1), the words “The Secretary may require records” are substituted for “including records” for clarity. In clause (1), before subclause (A), the word “fully” is omitted as surplus.
In subsection (b), the words “or any of their duly authorized representatives” are omitted as surplus because of 49:322(b) and 31:711. The words “may audit and examine” are substituted for “shall have access for the purpose of audit and examination” to eliminate unnecessary words. The words “books, documents, papers” are omitted as being included in “records”.
In subsection (e), the words “minimum necessary to carry out” are substituted for “that such requirements are kept to the minimum level necessary for the proper administration of” to eliminate unnecessary words.
In subsection (f), the words “or any officer or employee under the control of either of them” are omitted as surplus because of 49:322(b) and 31:711.
Amendments
1996—Subsec. (c). Pub. L. 104–316, in first sentence, substituted “Secretary” for “Comptroller General”, in second sentence, substituted “The Comptroller General may” for “Not later than April 15 of each year, the Comptroller General shall”, and struck out at end “The Comptroller General shall prescribe regulations necessary to carry out this subsection.”
§47122. Administrative
(a)
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1275.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47122(a) | 49 App.:2218(a). | Sept. 3, 1982, Pub. L. 97–248, §519(a), 96 Stat. 694; Dec. 30, 1987, Pub. L. 100–223, §112(1), 101 Stat. 1504. |
| 47122(b) | 49 App.:1354(c) (related to Airport and Airway Improvement Act of 1982). | Aug. 23, 1958, Pub. L. 85–726, §313(c) (related to Airport and Airway Improvement Act of 1982), 72 Stat. 753; Sept. 3, 1982, Pub. L. 97–248, §524(a)(2), 96 Stat. 696. |
Subsection (a) is substituted for 49 App.:2218(a) to eliminate unnecessary words.
§47123. Nondiscrimination
The Secretary of Transportation shall take affirmative action to ensure that an individual is not excluded because of race, creed, color, national origin, or sex from participating in an activity carried out with money received under a grant under this subchapter. The Secretary shall prescribe regulations necessary to carry out this section. The regulations shall be similar to those in effect under title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.). This section is in addition to title VI of the Act.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1275.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47123 | 49 App.:2219. | Sept. 3, 1982, Pub. L. 97–248, §520, 96 Stat. 694. |
The words “as the Secretary deems” and “the purposes of” are omitted as surplus. The words “The regulations shall be similar to those in effect under” are substituted for “and may enforce this section, and any rules promulgated under this section, through agency and department provisions and rules which shall be similar to those established and in effect under” for clarity and to eliminate unnecessary words and because “rules” and “regulations” are synonymous. The words “The provisions of . . . and not in lieu of the provisions of” are omitted as surplus. The word “is” is substituted for “shall be considered to be” to eliminate unnecessary words.
References in Text
The Civil Rights Act of 1964, referred to in text, is Pub. L. 88–352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the Act is classified generally to subchapter V (§2000d et seq.) of chapter 21 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of Title 42 and Tables.
§47124. Agreements for State and local operation of airport facilities
(a)
(b)
(2) The Secretary may make a contract with a qualified entity (as determined by the Secretary) or, on a sole source basis, with a State or a political subdivision of a State to allow the entity, State, or subdivision to operate an airport traffic control tower classified as a level I (Visual Flight Rules) tower if the Secretary decides that the entity, State, or subdivision has the capability to comply with the requirements of this paragraph. The contract shall require that the entity, State, or subdivision comply with applicable safety regulations in operating the facility and with applicable competition requirements in making a subcontract to perform work to carry out the contract.
(3)
(A)
(B)
(i) utilize for purposes of cost-benefit analyses, current, actual, site-specific data, forecast estimates, or airport master plan data provided by a facility owner or operator and verified by the Secretary; and
(ii) approve for participation only facilities willing to fund a pro rata share of the operating costs of the air traffic control tower to achieve a 1-to-1 benefit-to-cost ratio using actual site-specific contract tower operating costs in any case in which there is an operating air traffic control tower, as required for eligibility under the Contract Tower Program.
(C)
(i) Air traffic control towers that are participating in the Contract Tower Program but have been notified that they will be terminated from such program because the Secretary has determined that the benefit-to-cost ratio for their continuation in such program is less than 1.0.
(ii) Air traffic control towers that the Secretary determines have a benefit-to-cost ratio of at least .50.
(iii) Air traffic control towers of the Federal Aviation Administration that are closed as a result of the air traffic controllers strike in 1981.
(iv) Air traffic control towers located at airports or points at which an air carrier is receiving compensation under the essential air service program under this chapter.
(v) Air traffic control towers located at airports that are prepared to assume partial responsibility for maintenance costs.
(vi) Air traffic control towers located at airports with safety or operational problems related to topography, weather, runway configuration, or mix of aircraft.
(vii) Air traffic control towers located at an airport at which the community has been operating the tower at its own expense.
(D)
(E)
(4)
(A)
(i) a primary airport—
(I) from amounts made available under sections 47114(c)(1) and 47114(c)(2) for the construction or improvement of a nonapproach control tower, as defined by the Secretary, and for the acquisition and installation of air traffic control, communications, and related equipment to be used in that tower;
(II) from amounts made available under sections 47114(c)(1) and 47114(c)(2) for reimbursement for the cost of construction or improvement of a nonapproach control tower, as defined by the Secretary, incurred after October 1, 1996, if the sponsor complied with the requirements of sections 47107(e), 47112(b), and 47112(c) in constructing or improving that tower; and
(III) from amounts made available under sections 47114(c)(1) and 47114(c)(2) for reimbursement for the cost of acquiring and installing in that tower air traffic control, communications, and related equipment that was acquired or installed after October 1, 1996; and
(ii) a public-use airport that is not a primary airport—
(I) from amounts made available under sections 47114(c)(2) and 47114(d) for the construction or improvement of a nonapproach control tower, as defined by the Secretary, and for the acquisition and installation of air traffic control, communications, and related equipment to be used in that tower;
(II) from amounts made available under sections 47114(c)(2) and 47114(d)(3)(A) for reimbursement for the cost of construction or improvement of a nonapproach control tower, as defined by the Secretary, incurred after October 1, 1996, if the sponsor complied with the requirements of sections 47107(e), 47112(b), and 47112(c) in constructing or improving that tower; and
(III) from amounts made available under sections 47114(c)(2) and 47114(d)(3)(A) for reimbursement for the cost of acquiring and installing in that tower air traffic control, communications, and related equipment that was acquired or installed after October 1, 1996.
(B)
(i)(I) the sponsor is a participant in the Federal Aviation Administration contract tower program established under subsection (a) and continued under paragraph (1) or the pilot program established under paragraph (3); or
(II) construction of a nonapproach control tower would qualify the sponsor to be eligible to participate in such program;
(ii) the sponsor certifies that it will pay not less than 10 percent of the cost of the activities for which the sponsor is receiving assistance under this paragraph;
(iii) the Secretary affirmatively accepts the proposed contract tower into a contract tower program under this section and certifies that the Secretary will seek future appropriations to pay the Federal Aviation Administration's cost of the contract to operate the tower to be constructed under this paragraph;
(iv) the sponsor certifies that it will pay its share of the cost of the contract to operate the tower to be constructed under this paragraph; and
(v) in the case of a tower to be constructed under this paragraph from amounts made available under section 47114(d)(2) or 47114(d)(3)(B), the Secretary certifies that—
(I) the Federal Aviation Administration has consulted the State within the borders of which the tower is to be constructed and the State supports the construction of the tower as part of its State airport capital plan; and
(II) the selection of the tower for funding is based on objective criteria.
(C)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1276; Pub. L. 106–181, title I, §131, Apr. 5, 2000, 114 Stat. 78; Pub. L. 108–7, div. I, title III, §370(b)(1), (2), Feb. 20, 2003, 117 Stat. 425, 426; Pub. L. 108–176, title I, §105, Dec. 12, 2003, 117 Stat. 2498.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47124(a) | 49 App.:2222. | Sept. 3, 1982, Pub. L. 97–248, §526, 96 Stat. 698. |
| 47124(b)(1) | 49 App.:2222 (note). | Dec. 30, 1987, Pub. L. 100–223, §306, 101 Stat. 1526. |
| 47124(b)(2) | 49 App.:1344(h). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 747, §303(h); added Oct. 31, 1992, Pub. L. 102–581, §201(a), 106 Stat. 4890. |
In subsection (a), the words “In the powers granted under section 2218 of this Appendix” and “contract or other” are omitted as surplus. The word “relieves” is substituted for “contain, among others, a provision relieving”, and the words “from any liability arising out of, or related to” are substituted for “of any and all liability for the payment of any claim or other obligation arising out of or in connection with”, to eliminate unnecessary words.
In subsection (b)(1), the words “in effect” are omitted as surplus. The words “on December 30, 1987” are added for clarity.
In subsection (b)(2), the word “Secretary” is substituted for “Administrator” for consistency in the chapter.
Amendments
2003—Subsec. (a). Pub. L. 108–176, §105(1), added subsec. (a) and struck out heading and text of former subsec. (a). Text read as follows: “The Secretary of Transportation shall ensure that an agreement under this subchapter with a State or a political subdivision of a State to allow the State or subdivision to operate an airport facility in the State or subdivision relieves the United States Government from any liability arising out of, or related to, acts or omissions of employees of the State or subdivision in operating the airport facility.”
Subsec. (b)(2). Pub. L. 108–176, §105(2), added par. (2) and struck out former par. (2) which read as follows: “The Secretary may make a contract, on a sole source basis, with a State or a political subdivision of a State to allow the State or subdivision to operate an airport traffic control tower classified as a level I (Visual Flight Rules) tower if the Secretary decides that the State or subdivision has the capability to comply with the requirements of this paragraph. The contract shall require that the State or subdivision comply with applicable safety regulations in operating the facility and with applicable competition requirements in making a subcontract to perform work to carry out the contract.”
Subsec. (b)(3). Pub. L. 108–176, §105(3)(A), (B), struck out “
Subsec. (b)(3)(A). Pub. L. 108–7, §370(b)(2)(A), substituted “nonapproach control towers, as defined by the Secretary,” for “Level I air traffic control towers, as defined by the Secretary,”.
Subsec. (b)(3)(E). Pub. L. 108–176, §105(3)(C), substituted “$6,500,000 for fiscal 2004, $7,000,000 for fiscal year 2005, $7,500,000 for fiscal year 2006, and $8,000,000 for fiscal year 2007” for “$6,000,000 per fiscal year”.
Pub. L. 108–7, §370(b)(2)(B), substituted “Of” for “Subject to paragraph (4)(D), of”.
Subsec. (b)(4). Pub. L. 108–7, §370(b)(1), reenacted heading without change and amended text generally. Prior to amendment, par. authorized the Secretary to provide grants under this subchapter to not more than two airport sponsors for the construction of a low-level activity visual flight rule (level 1) air traffic control tower.
Subsec. (b)(4)(C). Pub. L. 108–176, §105(4), substituted “$1,500,000” for “$1,100,000”.
2000—Subsec. (b)(3), (4). Pub. L. 106–181 added pars. (3) and (4).
Effective Date of 2003 Amendment
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
Savings Provision
Pub. L. 108–7, div. I, title III, §370(b)(3), Feb. 20, 2003, 117 Stat. 426, provided that: “Notwithstanding the amendments made by this section [amending this section and section 47102 of this title], the towers for which assistance is being provided on the day before the date of enactment of this Act [Feb. 20, 2003] under section 47124(b)(4) of title 49, United States Code, as in effect on such day, may continue to be provided such assistance under the terms of such section.”
Nonapproach Control Towers
Pub. L. 108–7, div. I, title III, §370(c), Feb. 20, 2003, 117 Stat. 426, provided that:
“(1)
“(2)
“(A) shall be negotiated under such procedures as the Administrator considers necessary to ensure the integrity of the selection process, the safety of air travel, and to protect the interests of the United States;
“(B) may provide a lease option to the United States, to be exercised at the discretion of the Administrator, to occupy any general-purpose space in a facility covered by the agreement;
“(C) shall not require, unless specifically determined otherwise by the Administrator, Federal ownership of a facility covered under the agreement after the expiration of the agreement;
“(D) shall describe the consideration, duties, and responsibilities for which the United States and the private entity are responsible;
“(E) shall provide that the United States will not be liable for any action, debt, or liability of any entity created by the agreement;
“(F) shall provide that the private entity may not execute any instrument or document creating or evidencing any indebtedness with respect to a facility covered by the agreement unless such instrument or document specifically disclaims any liability of the United States under the instrument or document; and
“(G) shall include such other terms and conditions as the Administrator considers appropriate.”
Use of Apportionments To Pay Non-Federal Share of Operation Costs
Pub. L. 108–7, div. I, title III, §370(d), Feb. 20, 2003, 117 Stat. 427, provided that:
“(1)
“(2)
Contract Tower Assistance
Pub. L. 103–305, title V, §508, Aug. 23, 1994, 108 Stat. 1596, provided that: “The Secretary shall take appropriate action to assist communities where the Secretary deems such assistance appropriate in obtaining the installation of a Level I Contract Tower for those communities.”
§47125. Conveyances of United States Government land
(a)
(b)
(1) a national park, national monument, national recreation area, or similar area under the administration of the National Park Service;
(2) a unit of the National Wildlife Refuge System or similar area under the jurisdiction of the United States Fish and Wildlife Service; or
(3) a national forest or Indian reservation.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1276; Pub. L. 106–181, title I, §125(b), Apr. 5, 2000, 114 Stat. 75.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47125(a) | 49 App.:2215(a), (b). | Sept. 3, 1982, Pub. L. 97–248, §516, 96 Stat. 692. |
| 47125(b) | 49 App.:2215(c). |
In subsection (a), the text of 49 App.:2215(a) (last sentence) is omitted as surplus because a “property interest in land or airspace” necessarily includes “title to . . . land or any easement through . . . airspace”. The words “when necessary” are substituted for “whenever the Secretary determines that use of any lands owned or controlled by the United States is reasonably necessary for”, and the words “for the future development” are substituted for “including lands reasonably necessary to meet future development”, to eliminate unnecessary words. The words “not later than 4 months after receiving the request” are substituted for “Upon receipt of a request from the Secretary under this section” and “within a period of four months after receipt of the Secretary's request” for clarity and to eliminate unnecessary words. The words “make the conveyance” are substituted for “perform any acts and to execute any instruments necessary to make the conveyance requested”, and the words “that the property interest conveyed reverts to the Government . . . to the extent it is not” are substituted for “the property interest conveyed shall revert to the United States in the event that the lands in question are not” and “If only a part of the property interest conveyed is not developed for airport purposes, or used in a manner consistent with the terms of the conveyance, only that particular part shall, at the option of the Secretary, revert to the United States”, to eliminate unnecessary words. The words “the terms of” are omitted as surplus.
Amendments
2000—Subsec. (a). Pub. L. 106–181 inserted at end “Before waiving a condition that property be used for an aeronautical purpose under the preceding sentence, the Secretary must provide notice to the public not less than 30 days before waiving such condition.”
Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
Construction of 2000 Amendment
Nothing in amendment by Pub. L. 106–181 to be construed to authorize Secretary of Transportation to issue waiver or make a modification referred to in such amendment, see section 125(e) of Pub. L. 106–181, set out as a note under section 47107 of this title.
§47126. Criminal penalties for false statements
A person (including an officer, agent, or employee of the United States Government or a public agency) shall be fined under title 18, imprisoned for not more than 5 years, or both, if the person, with intent to defraud the Government, knowingly makes—
(1) a false statement about the kind, quantity, quality, or cost of the material used or to be used, or the quantity, quality, or cost of work performed or to be performed, in connection with the submission of a plan, map, specification, contract, or estimate of project cost for a project included in a grant application submitted to the Secretary of Transportation for approval under this subchapter;
(2) a false statement or claim for work or material for a project included in a grant application approved by the Secretary under this subchapter; or
(3) a false statement in a report or certification required under this subchapter.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1277.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47126 | 49 App.:2216. | Sept. 3, 1982, Pub. L. 97–248, §517, 96 Stat. 693. |
In this section, before clause (1), the words “association, firm, or corporation” are omitted because of 1:1. The words “fined under title 18” are substituted for “a fine of not to exceed $10,000” for consistency with title 18. In clauses (1)–(3), the words “false representation” are omitted as surplus. In clauses (1) and (2), the words “false report” are omitted as surplus. The words “included in a grant application” are added for clarity and consistency in this chapter. In clause (3), the words “to be made” are omitted as surplus.
§47127. Ground transportation demonstration projects
(a)
(b)
(1) affects an airport in an area with an operating regional rapid transit system with existing facilities reasonably near the airport;
(2) includes connection of the airport terminal to that system;
(3) is consistent with and supports a regional airport system plan adopted by the planning agency for the region and submitted to the Secretary; and
(4) improves access to air transportation for individuals residing or working in the region by encouraging the optimal balance of use of airports in the region.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1277.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47127(a) | 49 App.:1713a(1). | July 12, 1976, Pub. L. 94–353, §23(a), 90 Stat. 884. |
| 47127(b) | 49 App.:1713a(2). |
In subsection (a), the words “To improve” are substituted for “which he determines will assist the improvement of” to eliminate unnecessary words.
In subsection (b)(2), the word “facilities” is omitted as surplus.
References in Text
Section 13(b) of the Airport and Airway Development Act of 1970, referred to in subsec. (a), is section 13(b) of Pub. L. 91–258, which was classified to section 1713(b) of former Title 49, Transportation, prior to repeal by Pub. L. 97–248, title V, §523(a), Sept. 3, 1982, 96 Stat. 695.
§47128. State block grant program
(a)
(b)
(1) deciding the State has an organization capable of effectively administering a block grant made under this section;
(2) deciding the State uses a satisfactory airport system planning process;
(3) deciding the State uses a programming process acceptable to the Secretary;
(4) finding that the State has agreed to comply with United States Government standard requirements for administering the block grant; and
(5) finding that the State has agreed to provide the Secretary with program information the Secretary requires.
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1277; Pub. L. 103–429, §6(70), Oct. 31, 1994, 108 Stat. 4387; Pub. L. 104–264, title I, §147(a)–(c)(1), Oct. 9, 1996, 110 Stat. 3223; Pub. L. 104–287, §5(84), Oct. 11, 1996, 110 Stat. 3397; Pub. L. 105–102, §3(d)(1)(E), Nov. 20, 1997, 111 Stat. 2215; Pub. L. 106–181, title I, §138, Apr. 5, 2000, 114 Stat. 85.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47128(a) | 49 App.:2227(a) (1st sentence), (b) (1st sentence). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §534; added Dec. 30, 1987, Pub. L. 100–223, §116, 101 Stat. 1507; Nov. 5, 1990, Pub. L. 101–508, §9114, 104 Stat. 1388–364; Oct. 31, 1992, Pub. L. 102–581, §116, 106 Stat. 4881. |
| 47128(b)(1) | 49 App.:2227(c) (1st, 2d sentences). | |
| 47128(b)(2) | 49 App.:2227(b) (last sentence). | |
| 47128(c) | 49 App.:2227(c) (last sentence). | |
| 47128(d) | 49 App.:2227(a) (last sentence), (d). |
In subsection (a), the words “Not later than 180 days after December 30, 1987” and “to become effective on October 1, 1989” are omitted as obsolete.
In subsection (b)(1)(A), the words “agency or” are omitted as surplus.
In subsection (b)(1)(D), the words “procedural and other” are omitted as surplus.
In subsection (d), the text of 49 App.:2227(d) is omitted as executed.
Pub. L. 103–429
This amends 49:47128(c) to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1278).
Pub. L. 104–287
This makes a clarifying amendment to the catchline for 49:47128(d).
Amendments
2000—Subsec. (a). Pub. L. 106–181 substituted “9 qualified States for fiscal years 2000 and 2001 and 10 qualified States for each fiscal year thereafter” for “8 qualified States for fiscal year 1997 and 9 qualified States for each fiscal year thereafter”.
1997—Subsec. (d). Pub. L. 105–102 repealed Pub. L. 104–287, §5(84). See 1996 Amendment note below.
1996—Pub. L. 104–264, §147(c)(1)(A), substituted “grant program” for “grant pilot program” in section catchline.
Subsec. (a). Pub. L. 104–264, §147(a)(1), (c)(1)(B), substituted “block grant program” for “block grant pilot program” and “8 qualified States for fiscal year 1997 and 9 qualified States for each fiscal year thereafter” for “7 qualified States”.
Subsec. (b). Pub. L. 104–264, §147(a)(2), (3), struck out “(1)” before “A State wishing”, redesignated subpars. (A) to (E) as pars. (1) to (5), respectively, and struck out former par. (2) which read as follows: “For the fiscal years ending September 30, 1993–1996, the States selected shall include Illinois, Missouri, and North Carolina.”
Subsec. (c). Pub. L. 104–264, §147(b), substituted “(b)(2) or (b)(3)” for “(b)(1)(B) or (C)” and inserted at end “In carrying out this subsection, the Secretary shall permit a State to use the priority system of the State if such system is not inconsistent with the national priority system.”
Subsec. (d). Pub. L. 104–287, §5(84), which directed amendment of heading by striking “and report”, was repealed by Pub. L. 105–102.
Pub. L. 104–264, §147(c)(1)(C), struck out subsec. (d) which read as follows:
“(d)
1994—Subsec. (c). Pub. L. 103–429 substituted “subsection (b)(1)(B) or (C)” for “subsection (b)(2) or (3)”.
Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
Effective Date of 1997 Amendment
Pub. L. 105–102, §3(d), Nov. 20, 1997, 111 Stat. 2215, provided that the amendment made by section 3(d)(1)(E) is effective Oct. 11, 1996.
Amendment by Pub. L. 105–102 effective as if included in the provisions of the Act to which the amendment relates, see section 3(f) of Pub. L. 105–102, set out as a note under section 106 of this title.
Effective Date of 1996 Amendment
Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
§47129. Resolution of airport-air carrier disputes concerning airport fees
(a)
(1)
(A) a written request for such determination is filed with the Secretary by such owner or operator; or
(B) a written complaint requesting such determination is filed with the Secretary by an affected air carrier within 60 days after such carrier receives written notice of the establishment or increase of such fee.
(2)
(3)
(4)
(b)
(1) the procedures for acting upon any written request or complaint filed under subsection (a)(1); and
(2) the standards or guidelines that shall be used by the Secretary in determining under this section whether an airport fee is reasonable.
(c)
(1) Not more than 120 days after an air carrier files with the Secretary a written complaint relating to an airport fee, the Secretary shall issue a final order determining whether such fee is reasonable.
(2) Within 30 days after such complaint is filed with the Secretary, the Secretary shall dismiss the complaint if no significant dispute exists or shall assign the matter to an administrative law judge; and thereafter the matter shall be handled in accordance with part 302 of title 14, Code of Federal Regulations, or as modified by the Secretary to ensure an orderly disposition of the matter within the 120-day period and any specifically applicable provisions of this section.
(3) The administrative law judge shall issue a recommended decision within 60 days after the complaint is assigned or within such shorter period as the Secretary may specify.
(4) If the Secretary, upon the expiration of 120 days after the filing of the complaint, has not issued a final order, the decision of the administrative law judge shall be deemed to be the final order of the Secretary.
(5) Any party to the dispute may seek review of a final order of the Secretary under this subsection in the Circuit Court of Appeals for the District of Columbia Circuit or the court of appeals in the circuit where the airport which gives rise to the written complaint is located.
(6) Any findings of fact in a final order of the Secretary under this subsection, if supported by substantial evidence, shall be conclusive if challenged in a court pursuant to this subsection. No objection to such a final order shall be considered by the court unless objection was urged before an administrative law judge or the Secretary at a proceeding under this subsection or, if not so urged, unless there were reasonable grounds for failure to do so.
(d)
(1)
(A)
(B)
(C)
(D)
(2)
(e)
(1) a fee imposed pursuant to a written agreement with air carriers using the facilities of an airport;
(2) a fee imposed pursuant to a financing agreement or covenant entered into prior to August 23, 1994; or
(3) any other existing fee not in dispute as of August 23, 1994.
(f)
(1) the rights of any party under any existing written agreement between an air carrier and the owner or operator of an airport; or
(2) the ability of an airport to meet its obligations under a financing agreement, or covenant, that is in force as of August 23, 1994.
(g)
(Added Pub. L. 103–305, title I, §113(a)(2), Aug. 23, 1994, 108 Stat. 1577; amended Pub. L. 104–264, title I, §149(d), Oct. 9, 1996, 110 Stat. 3227; Pub. L. 104–287, §5(85), Oct. 11, 1996, 110 Stat. 3397.)
Historical and Revision Notes
Pub. L. 104–287, §5(85)(A)
This amends 49:47129(a)(1) to conform to the style of title 49.
Pub. L. 104–287, §5(85)(B) and (C)
These set out the date of enactment of 49:47129.
Prior Provisions
A prior section 47129 was renumbered section 47131 of this title.
Amendments
1996—Subsec. (a)(1). Pub. L. 104–287, §5(85)(A), substituted “of this title” for “of this subtitle” in introductory provisions.
Subsec. (a)(4). Pub. L. 104–264 added par. (4).
Subsecs. (b), (e)(2). Pub. L. 104–287, §5(85)(B), substituted “August 23, 1994” for “the date of the enactment of this section”.
Subsec. (e)(3). Pub. L. 104–287, §5(85)(C), substituted “August 23, 1994” for “such date of enactment”.
Subsec. (f)(2). Pub. L. 104–287, §5(85)(B), substituted “August 23, 1994” for “the date of the enactment of this section”.
Effective Date of 1996 Amendment
Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title.
§47130. Airport safety data collection
Notwithstanding any other provision of law, the Administrator of the Federal Aviation Administration may award a contract, using sole source or limited source authority, or enter into a cooperative agreement with, or provide a grant from amounts made available under section 48103 to, a private company or entity for the collection of airport safety data. In the event that a grant is provided under this section, the United States Government's share of the cost of the data collection shall be 100 percent.
(Added Pub. L. 103–305, title I, §118(a), Aug. 23, 1994, 108 Stat. 1580; amended Pub. L. 108–176, title I, §154, Dec. 12, 2003, 117 Stat. 2507.)
Amendments
2003—Pub. L. 108–176 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: “Notwithstanding any other provision of law, the Administrator of the Federal Aviation Administration may contract, using sole source or limited source authority, for the collection of airport safety data.”
Effective Date of 2003 Amendment
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
§47131. Annual report
(a)
(1) a detailed statement of airport development completed;
(2) the status of each project undertaken;
(3) the allocation of appropriations;
(4) an itemized statement of expenditures and receipts; and
(5) a detailed statement listing airports that the Secretary believes are not in compliance with grant assurances or other requirements with respect to airport lands and including the circumstances of such noncompliance, the timelines for corrective action, and the corrective action the Secretary intends to take to bring the airport sponsor into compliance.
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1278, §47129; renumbered §47131, Pub. L. 103–305, title I, §113(a)(1), Aug. 23, 1994, 108 Stat. 1577; amended Pub. L. 106–181, title VII, §722, Apr. 5, 2000, 114 Stat. 165.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47129 | 49 App.:2220. | Sept. 3, 1982, Pub. L. 97–248, §521, 96 Stat. 694. |
In this section, before clause (1), the words “on activities carried out” are substituted for “describing his operations” for clarity.
Amendments
2000—Pub. L. 106–181 designated existing provisions as subsec. (a), inserted heading, added par. (5) of subsec. (a), and added subsec. (b).
1994—Pub. L. 103–305 renumbered section 47129 of this title as this section.
Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
[§47132. Repealed. Pub. L. 106–181, title I, §123(a)(1), Apr. 5, 2000, 114 Stat. 74]
Section, added Pub. L. 104–264, title I, §142(a), Oct. 9, 1996, 110 Stat. 3221, temporarily directed the Administrator of the Federal Aviation Administration to issue guidelines to carry out not more than 10 pavement maintenance pilot projects.
Effective Date of Repeal
Repeal applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as an Effective Date of 2000 Amendments note under section 106 of this title.
§47133. Restriction on use of revenues
(a)
(1) the airport;
(2) the local airport system; or
(3) any other local facility that is owned or operated by the person or entity that owns or operates the airport that is directly and substantially related to the air transportation of passengers or property.
(b)
(c)
(Added Pub. L. 104–264, title VIII, §804(a), Oct. 9, 1996, 110 Stat. 3271.)
Effective Date
Except as otherwise specifically provided, section applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as an Effective Date of 1996 Amendment note under section 106 of this title.
§47134. Pilot program on private ownership of airports
(a)
(b)
(1)
(A)
(i) in the case of a primary airport, by at least 65 percent of the scheduled air carriers serving the airport and by scheduled and nonscheduled air carriers whose aircraft landing at the airport during the preceding calendar year, had a total landed weight during the preceding calendar year of at least 65 percent of the total landed weight of all aircraft landing at the airport during such year; or
(ii) in the case of a nonprimary airport, by the Secretary after the airport has consulted with at least 65 percent of the owners of aircraft based at that airport, as determined by the Secretary.
(B)
(C)
(2)
(3)
(c)
(1) The airport will continue to be available for public use on reasonable terms and conditions and without unjust discrimination.
(2) The operation of the airport will not be interrupted in the event that the purchaser or lessee becomes insolvent or seeks or becomes subject to any State or Federal bankruptcy, reorganization, insolvency, liquidation, or dissolution proceeding or any petition or similar law seeking the dissolution or reorganization of the purchaser or lessee or the appointment of a receiver, trustee, custodian, or liquidator for the purchaser or lessee or a substantial part of the purchaser or lessee's property, assets, or business.
(3) The purchaser or lessee will maintain, improve, and modernize the facilities of the airport through capital investments and will submit to the Secretary a plan for carrying out such maintenance, improvements, and modernization.
(4) Every fee of the airport imposed on an air carrier on the day before the date of the lease of the airport will not increase faster than the rate of inflation unless a higher amount is approved—
(A) by at least 65 percent of the air carriers serving the airport; and
(B) by air carriers whose aircraft landing at the airport during the preceding calendar year had a total landed weight during the preceding calendar year of at least 65 percent of the total landed weight of all aircraft landing at the airport during such year.
(5) The percentage increase in fees imposed on general aviation aircraft at the airport will not exceed the percentage increase in fees imposed on air carriers at the airport.
(6) Safety and security at the airport will be maintained at the highest possible levels.
(7) The adverse effects of noise from operations at the airport will be mitigated to the same extent as at a public airport.
(8) Any adverse effects on the environment from airport operations will be mitigated to the same extent as at a public airport.
(9) Any collective bargaining agreement that covers employees of the airport and is in effect on the date of the sale or lease of the airport will not be abrogated by the sale or lease.
(d)
(1)
(2)
(e)
(f)
(g)
(1) imposing a passenger facility fee under section 40117 of this title;
(2) receiving apportionments under section 47114 of this title; or
(3) collecting reasonable rental charges, landing fees, and other service charges from aircraft operators under section 40116(e)(2) of this title.
(h)
(i)
(j)
(k)
(l)
(m)
(Added Pub. L. 104–264, title I, §149(a)(1), Oct. 9, 1996, 110 Stat. 3224; amended Pub. L. 108–176, title I, §155(a), Dec. 12, 2003, 117 Stat. 2508.)
References in Text
The Airport and Airway Improvement Act of 1982, referred to in subsec. (b)(2), is title V of Pub. L. 97–248, Sept. 3, 1982, 96 Stat. 671, as amended, which was classified principally to chapter 31 (§2201 et seq.) of former Title 49, Transportation, and was substantially repealed by Pub. L. 103–272, §7(b), July 5, 1994, 108 Stat. 1379, and reenacted by the first section thereof as this subchapter.
Amendments
2003—Subsec. (b)(1)(A). Pub. L. 108–176, §155(a)(1), added cls. (i) and (ii) and struck out former cls. (i) and (ii) which read as follows:
“(i) by at least 65 percent of the air carriers serving the airport; and
“(ii) by air carriers whose aircraft landing at the airport during the preceding calendar year had a total landed weight during the preceding calendar year of at least 65 percent of the total landed weight of all aircraft landing at the airport during such year.”
Subsec. (b)(1)(B), (C). Pub. L. 108–176, §155(a)(2), (3), added subpar. (B) and redesignated former subpar. (B) as (C).
Effective Date of 2003 Amendment
Pub. L. 108–176, title I, §155(b), Dec. 12, 2003, 117 Stat. 2508, provided that: “The amendments made by subsection (a) [amending this section] shall not affect any application submitted before the date of enactment of this Act [Dec. 12, 2003].”
Effective Date
Except as otherwise specifically provided, section applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as an Effective Date of 1996 Amendment note under section 106 of this title.
§47135. Innovative financing techniques
(a)
(b)
(c)
(1)
(2)
(A) payment of interest;
(B) commercial bond insurance and other credit enhancement associated with airport bonds for eligible airport development;
(C) flexible non-Federal matching requirements; and
(D) use of funds apportioned under section 47114 for the payment of principal and interest of terminal development for costs incurred before the date of the enactment of this section.
(Added Pub. L. 106–181, title I, §132(a), Apr. 5, 2000, 114 Stat. 80; amended Pub. L. 108–176, title I, §156, Dec. 12, 2003, 117 Stat. 2508.)
References in Text
The date of enactment of the Vision 100—Century of Aviation Reauthorization Act, referred to in subsec. (a), is the date of enactment of Pub. L. 108–176, which was approved Dec. 12, 2003.
The date of the enactment of this section, referred to in subsec. (c)(2)(D), is the date of enactment of Pub. L. 106–181, which was approved Apr. 5, 2000.
Amendments
2003—Subsec. (a). Pub. L. 108–176 inserted “, after the date of enactment of the Vision 100—Century of Aviation Reauthorization Act,” after “approve” in first sentence.
Effective Date of 2003 Amendment
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
Effective Date
Section applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as an Effective Date of 2000 Amendments note under section 106 of this title.
§47136. Inherently low-emission airport vehicle pilot program
(a)
(b)
(1)
(2)
(c)
(d)
(e)
(f)
(1)
(2)
(g)
(h)
(1) an evaluation of the effectiveness of the pilot program;
(2) an identification of other public-use airports that expressed an interest in participating in the pilot program; and
(3) a description of the mechanisms used by the Secretary to ensure that the information and know-how gained by participants in the pilot program is transferred among the participants and to other interested parties, including other public-use airports.
(i)
(1) the construction of infrastructure or modifications at public-use airports to enable the delivery of fuel and services necessary for the use of vehicles that are certified as inherently low-emission vehicles under title 40 of the Code of Federal Regulations and that—
(A) operate exclusively on compressed natural gas, liquefied natural gas, liquefied petroleum gas, electricity, hydrogen, or a blend at least 85 percent of which is methanol;
(B) are labeled in accordance with section 88.312–93(c) of such title; and
(C) are located or primarily used at public-use airports;
(2) the construction of infrastructure or modifications at public-use airports to enable the delivery of fuel and services necessary for the use of nonroad vehicles that—
(A) operate exclusively on compressed natural gas, liquefied natural gas, liquefied petroleum gas, electricity, hydrogen, or a blend at least 85 percent of which is methanol;
(B) meet or exceed the standards set forth in section 86.1708–99 of such title or the standards set forth in section 89.112(a) of such title, and are in compliance with the requirements of section 89.112(b) of such title; and
(C) are located or primarily used at public-use airports;
(3) the payment of that portion of the cost of acquiring vehicles described in this subsection that exceeds the cost of acquiring other vehicles or engines that would be used for the same purpose; or
(4) the acquisition of technological capital equipment to enable the delivery of fuel and services necessary for the use of vehicles described in paragraph (1).
(Added Pub. L. 106–181, title I, §133(a), Apr. 5, 2000, 114 Stat. 81.)
References in Text
Section 5506 of this title, referred to in subsec. (f)(2), was amended by Pub. L. 109–59 and no longer defines the term “eligible consortium”.
The date of the enactment of this section, referred to in subsec. (h), is the date of enactment of Pub. L. 106–181, which was approved Apr. 5, 2000.
Effective Date
Section applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as an Effective Date of 2000 Amendments note under section 106 of this title.
1 See References in text note below.
§47137. Airport security program
(a)
(b)
(1) evaluates and tests the benefits of innovative aviation security systems or related technology, including explosives detection systems, for the purpose of improving aviation and aircraft physical security, access control, and passenger and baggage screening; and
(2) provides testing and evaluation of airport security systems and technology in an operational, testbed environment.
(c)
(d)
(e)
(f)
(g)
(Added Pub. L. 106–181, title I, §134(a), Apr. 5, 2000, 114 Stat. 83; amended Pub. L. 108–176, title I, §157, Dec. 12, 2003, 117 Stat. 2508.)
Amendments
2003—Subsecs. (e) to (g). Pub. L. 108–176 added subsec. (e) and redesignated former subsecs. (e) and (f) as (f) and (g), respectively.
Effective Date of 2003 Amendment
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
Effective Date
Section applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as an Effective Date of 2000 Amendments note under section 106 of this title.
§47138. Pilot program for purchase of airport development rights
(a)
(b)
(1)
(A) to enable the State or political subdivision to purchase development rights in order to ensure that the airport property will continue to be available for use as a public airport; and
(B) subject to a requirement that the State or political subdivision acquire an easement or other appropriate covenant requiring that the airport shall remain a public use airport in perpetuity.
(2)
(c)
(1) grant application and approval procedures; and
(2) requirements for the content of the instrument recording the purchase of the development rights.
(d)
(e)
(Added Pub. L. 108–176, title I, §152(a), Dec. 12, 2003, 117 Stat. 2506.)
Effective Date
Section applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as an Effective Date of 2003 Amendment note under section 106 of this title.
§47139. Emission credits for air quality projects
(a)
(1) The provision of credits is consistent with the Clean Air Act (42 U.S.C. 7402 et seq.).
(2) Credits generated by the emissions reductions are kept by the airport sponsor and may only be used for purposes of any current or future general conformity determination under the Clean Air Act or as offsets under the Environmental Protection Agency's new source review program for projects on the airport or associated with the airport.
(3) Credits are calculated and provided to airports on a consistent basis nationwide.
(4) Credits are provided to airport sponsors in a timely manner.
(5) The establishment of a method to assure the Secretary that, for any specific airport project for which funding is being requested, the appropriate credits will be granted.
(b)
(c)
(d)
(Added Pub. L. 108–176, title I, §158(a), Dec. 12, 2003, 117 Stat. 2508.)
References in Text
The Clean Air Act, referred to in subsec. (a)(1), (2), is act July 14, 1955, ch. 360, 69 Stat. 322, as amended, which is classified generally to chapter 85 (§7401 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 7401 of Title 42 and Tables.
Effective Date
Section applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as an Effective Date of 2003 Amendment note under section 106 of this title.
§47140. Airport ground support equipment emissions retrofit pilot program
(a)
(b)
(c)
(d)
(e)
(f)
(Added Pub. L. 108–176, title I, §159(a)(1), Dec. 12, 2003, 117 Stat. 2509.)
Effective Date
Section applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as an Effective Date of 2003 Amendment note under section 106 of this title.
§47141. Compatible land use planning and projects by State and local governments
(a)
(1) the airport operator has not submitted a noise compatibility program to the Secretary under section 47504 or has not updated such program within the preceding 10 years; and
(2) the land use plan or project meets the requirements of this section.
(b)
(1) have the authority to plan and adopt land use control measures, including zoning, in the planning area in and around a large or medium hub airport;
(2) enter into an agreement with the airport owner or operator that the development of the land use compatibility plan will be done cooperatively; and
(3) provide written assurance to the Secretary that it will achieve, to the maximum extent possible, compatible land uses consistent with Federal land use compatibility criteria under section 47502(3) and that those compatible land uses will be maintained.
(c)
(1) assurances satisfactory to the Secretary that the plan—
(A) is reasonably consistent with the goal of reducing existing noncompatible land uses and preventing the introduction of additional noncompatible land uses;
(B) addresses ways to achieve and maintain compatible land uses, including zoning, building codes, and any other land use compatibility measures under section 47504(a)(2) that are within the authority of the State or unit of local government to implement;
(C) uses noise contours provided by the airport operator that are consistent with the airport operation and planning, including any noise abatement measures adopted by the airport operator as part of its own noise mitigation efforts;
(D) does not duplicate, and is not inconsistent with, the airport operator's noise compatibility measures for the same area; and
(E) has been approved jointly by the airport owner or operator and the State or unit of local government; and
(2) such other assurances as the Secretary determines to be necessary to carry out this section.
(d)
(e)
(f)
(Added Pub. L. 108–176, title I, §160(a), Dec. 12, 2003, 117 Stat. 2511.)
Effective Date
Section applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as an Effective Date of 2003 Amendment note under section 106 of this title.
§47142. Design-build contracting
(a)
(1) the Administrator approves the application using criteria established by the Administrator;
(2) the design-build contract is in a form that is approved by the Administrator;
(3) the Administrator is satisfied that the contract will be executed pursuant to competitive procedures and contains a schematic design adequate for the Administrator to approve the grant;
(4) use of a design-build contract will be cost effective and expedite the project;
(5) the Administrator is satisfied that there will be no conflict of interest; and
(6) the Administrator is satisfied that the selection process will be as open, fair, and objective as the competitive bid system and that at least 3 or more bids will be submitted for each project under the selection process.
(b)
(c)
(Added Pub. L. 108–176, title I, §181(a), Dec. 12, 2003, 117 Stat. 2515.)
Effective Date
Section applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as an Effective Date of 2003 Amendment note under section 106 of this title.
SUBCHAPTER II—SURPLUS PROPERTY FOR PUBLIC AIRPORTS
§47151. Authority to transfer an interest in surplus property
(a)
(1) that the Secretary of Transportation decides is—
(A) desirable for developing, improving, operating, or maintaining a public airport (as defined in section 47102 of this title);
(B) reasonably necessary to fulfill the immediate and foreseeable future requirements for developing, improving, operating, or maintaining a public airport; or
(C) needed for developing sources of revenue from nonaviation businesses at a public airport; and
(2) if the Administrator of General Services approves the conveyance and decides the interest is not best suited for industrial use.
(b)
(c)
(d)
(e)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1278; Pub. L. 106–181, title I, §§125(c), 135(d)(1), 136, Apr. 5, 2000, 114 Stat. 75, 84, 85.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47151(a) | 49 App.:1655(c)(1). | Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444. |
| 50 App.:1622(g)(1). | Oct. 3, 1944, ch. 479, 58 Stat. 765, §13(g)(1); added July 30, 1947, ch. 404, §2, 61 Stat. 678; Aug. 23, 1958, Pub. L. 85–726, §1402(c), 72 Stat. 807; May 21, 1970, Pub. L. 91–258, §52(b)(6), 84 Stat. 235; Sept. 3, 1982, Pub. L. 97–248, §524(c), 96 Stat. 696. | |
| 47151(b) | 49 App.:1655(c)(1). | |
| 50 App.:1622b. | Oct. 1, 1949, ch. 589, §3, 63 Stat. 700; Aug. 23, 1958, Pub. L. 85–726, §1402(c), 72 Stat. 807. | |
| 47151(c) | 50 App.:1622(g)(5), (6). | Oct. 3, 1944, ch. 479, 58 Stat. 765, §13(g)(5), (6); added July 30, 1947, ch. 404, §2, 61 Stat. 680. |
In subsection (a), before clause (1), the words “Notwithstanding any other provision of this Act” are omitted as surplus. The words “Subject to sections 47152 and 47153 of this title” are substituted for “but subject to the terms, conditions, reservations, and restrictions hereinafter provided for” to eliminate unnecessary words. The words “a department, agency, or instrumentality of the executive branch of the United States Government or a wholly owned Government corporation” are substituted for “any disposal agency designated pursuant to this Act” for clarity because disposal agencies were Government agencies designated under 50 App.:1619(a), that was repealed by section 602(a)(1) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 399), and Government agencies were all departments, agencies, and instrumentalities of the executive branch of the United States Government and wholly owned Government corporations. The word “give” is substituted for “convey or dispose of . . . without monetary consideration to the United States”, to eliminate unnecessary words. The word “municipality” is omitted as being included in “political subdivision”. The words “of a State” are added for clarity and consistency in the revised title and with other titles of the United States Code. The word “organization” is substituted for “institution” for consistency in the revised title. The words “all of the right, title, and . . . of the United States . . . and to . . . real or personal” are omitted as surplus. In clause (1)(A), the words “essential, suitable, or” are omitted as surplus. In clause (1)(B), the words “of the grantee” are omitted as surplus. In clause (2), the words “Administrator of General Services” are substituted for “[War Assets] Administrator” in section 13(g)(1) of the Surplus Property Act of 1944 (ch. 479, 58 Stat. 765) because of section 105 of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 381). The words “and decides the interest is not best suited for industrial use” are substituted for “(exclusive of property the highest and best use of which is determined by the Administrator of General Services to be industrial and which shall be so classified for disposal without regard to the provisions of this subsection)” to eliminate unnecessary words.
Subsection (b) is substituted for 50 App.:1622b to eliminate unnecessary words.
In subsection (c), the text of 50 App.:1622(g)(5) is omitted as obsolete because 50 App.:1621, 1622(f), and 1627(e) were repealed by section 602(a)(1) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 399). The words “An interest in surplus property that could be used at a public airport” are substituted for “All surplus property within the purview of this subsection” for clarity. The words “elsewhere in this Act or other applicable” are omitted as surplus. The word “law” is substituted for “Federal Statute” for consistency in the revised title and with other titles of the Code.
References in Text
Section 201 of the Defense Authorization Amendments and Base Closure and Realignment Act, referred to in subsec. (e), is section 201 of Pub. L. 100–526, which is set out in a note under section 2687 of Title 10, Armed Forces.
Section 2905 of the Defense Base Closure and Realignment Act of 1990, referred to in subsec. (e), is section 2905 of Pub. L. 101–510, which is set out in a note under section 2687 of Title 10, Armed Forces.
Amendments
2000—Subsec. (a). Pub. L. 106–181, §135(d)(1)(A)(i), substituted “convey to” for “give” in introductory provisions.
Subsec. (a)(2). Pub. L. 106–181, §135(d)(1)(A)(ii), substituted “conveyance” for “gift”.
Subsec. (b). Pub. L. 106–181, §135(d)(1)(B), substituted “conveying” for “giving” and “conveyance” for “gift”.
Subsec. (c). Pub. L. 106–181, §135(d)(1)(C), substituted “Conveyed” for “Given” in heading and “conveyed” for “given” in text.
Subsec. (d). Pub. L. 106–181, §125(c), added subsec. (d).
Subsec. (e). Pub. L. 106–181, §136, added subsec. (e).
Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
Construction of 2000 Amendment
Nothing in amendment by section 125(c) of Pub. L. 106–181 to be construed to authorize Secretary of Transportation to issue waiver or make a modification referred to in such amendment, see section 125(e) of Pub. L. 106–181, set out as a note under section 47107 of this title.
§47152. Terms of conveyances
Except as provided in section 47153 of this title, the following terms apply to a conveyance of an interest in surplus property under this subchapter:
(1) A State, political subdivision of a State, or tax-supported organization receiving the interest may use, lease, salvage, or dispose of the interest for other than airport purposes only after the Secretary of Transportation gives written consent that the interest can be used, leased, salvaged, or disposed of without materially and adversely affecting the development, improvement, operation, or maintenance of the airport at which the property is located.
(2) The interest shall be used and maintained for public use and benefit without unreasonable discrimination.
(3) A right may not be vested in a person, excluding others in the same class from using the airport at which the property is located—
(A) to conduct an aeronautical activity requiring the operation of aircraft; or
(B) to engage in selling or supplying aircraft, aircraft accessories, equipment, or supplies (except gasoline and oil), or aircraft services necessary to operate aircraft (including maintaining and repairing aircraft, aircraft engines, propellers, and appliances).
(4) The State, political subdivision, or tax-supported organization accepting the interest shall clear and protect the aerial approaches to the airport by mitigating existing, and preventing future, airport hazards.
(5) During a national emergency declared by the President or Congress, the United States Government is entitled to use, control, or possess, without charge, any part of the public airport at which the property is located. However, the Government shall—
(A) pay the entire cost of maintaining the part of the airport it exclusively uses, controls, or possesses during the emergency;
(B) contribute a reasonable share, consistent with the Government's use, of the cost of maintaining the property it uses nonexclusively, or over which the Government has nonexclusive control or possession, during the emergency; and
(C) pay a fair rental for use, control, or possession of improvements to the airport made without Government assistance.
(6) The Government is entitled to the nonexclusive use, without charge, of the landing area of an airport at which the property is located. The Secretary may limit the use of the landing area if necessary to prevent unreasonable interference with use by other authorized aircraft. However, the Government shall—
(A) contribute a reasonable share, consistent with the Government's use, of the cost of maintaining and operating the landing area; and
(B) pay for damages caused by its use of the landing area if its use of the landing area is substantial.
(7) The State, political subdivision, or tax-supported organization accepting the interest shall release the Government from all liability for damages arising under an agreement that provides for Government use of any part of an airport owned, controlled, or operated by the State, political subdivision, or tax-supported organization on which, adjacent to which, or in connection with which, the property is located.
(8) When a term under this section is not satisfied, any part of the interest in the property reverts to the Government, at the option of the Government, as the property then exists.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1279; Pub. L. 106–181, title I, §135(d)(2), Apr. 5, 2000, 114 Stat. 85.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47152 | 49 App.:1655(c)(1). | Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444. |
| 50 App.:1622(g)(2). | Oct. 3, 1944, ch. 479, 58 Stat. 765, §13(g)(2); added July 30, 1947, ch. 404, §2, 61 Stat. 678; Oct. 1, 1949, ch. 589, §1, 63 Stat. 700; Aug. 23, 1958, Pub. L. 85–726, §1402(c), 72 Stat. 807. |
In this section, before paragraph (1), the words “conditions, reservations, and restrictions” and “the authority of” are omitted as surplus. In paragraph (1), the words “A State, political subdivision of a State, or tax-supported organization receiving the interest” are substituted for “grantee or transferee” for clarity. The words “sold” and “disposed of under the authority of this subsection” are omitted as surplus. In paragraph (2), the words “transferred for airport purposes” are omitted as surplus. In paragraph (3), before clause (A), the words “For the purpose of this condition, an exclusive right is defined to mean” and “any exclusive right to” are omitted because of the restatement. The words “exclusive” and “(either directly or indirectly)” are omitted as surplus. The words “or persons” are omitted because of 1:1. The words “disposed of” are omitted as surplus. In clause (A), the word “particular” is omitted as surplus. In paragraph (4), the words “removing, lowering, relocating, marking, or lighting or otherwise” and “the establishment or creation of” are omitted as surplus. In paragraphs (5)–(7), the words “or used” are omitted as surplus. In paragraph (5), before clause (A), the words “exclusive or nonexclusive” and “as it may desire” are omitted as surplus. In clause (A), the word “pay” is substituted for “be responsible for” to eliminate unnecessary words. The words “during the emergency” are substituted for “during the period of such use, possession, or control” to eliminate unnecessary words and for clarity. In clause (B), the words “be obligated to” are omitted as surplus. The words “during the emergency” are added for clarity. In clause (C), the words “exclusively or nonexclusively” are omitted as surplus. In paragraph (6), before clause (A), the words “as may be determined at any time” are omitted as surplus. In clause (B), the words “be obligated to” are omitted as surplus. In paragraph (7), the words “The State, political subdivision, or tax-supported organization accepting the interest” are substituted for “Any public agency accepting a conveyance or transfer of surplus property under the provisions of this subsection” to eliminate unnecessary words and for consistency in this section. The words “any and . . . it may be under for restoration or other . . lease or other” are omitted as surplus. The text of 50 App.:1622(g)(2)(G) (proviso) is omitted because 49 App.:1116 was repealed by section 52(a) of the Airport and Airway Development Act of 1970 (Public Law 91–258, 84 Stat. 235). Paragraph (8) is substituted for 50 App.:1622(g)(2)(H) to eliminate unnecessary words.
Amendments
2000—Pub. L. 106–181 substituted “conveyances” for “gifts” in section catchline and “conveyance” for “gift” in introductory provisions.
Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
§47153. Waiving and adding terms
(a)
(A) the property no longer serves the purpose for which it was conveyed; or
(B) the waiver will not prevent carrying out the purpose for which the conveyance was made and is necessary to advance the civil aviation interests of the United States.
(2) The Secretary of Transportation shall waive a term under paragraph (1) of this subsection on terms the Secretary considers necessary to protect or advance the civil aviation interests of the United States.
(b)
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1280; Pub. L. 106–181, title I, §§125(d), 135(d)(3), Apr. 5, 2000, 114 Stat. 76, 85.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47153(a) | 49 App.:1655(c)(1). | Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444. |
| 50 App.:1622c. | Oct. 1, 1949, ch. 589, §4, 63 Stat. 700; Aug. 23, 1958, Pub. L. 85–726, §1402(c), 72 Stat. 807. | |
| 47153(b) | 49 App.:1655(c)(1). | |
| 50 App.:1622(g)(3). | Oct. 3, 1944, ch. 479, 58 Stat. 765, §13(g)(3); added July 30, 1947, ch. 404, §2, 61 Stat. 680; Aug. 23, 1958, Pub. L. 85–726, §1402(c), 72 Stat. 807. |
In subsection (a), before clause (1), the words “Notwithstanding any other provision of law” and “further” are omitted as surplus. The word “waive” is substituted for “grant releases from” and “and to convey, quitclaim, or release any right or interest reserved to the United States by” to eliminate unnecessary words. The words “a term of a gift of an interest in property under this subchapter” are substituted for “any of the terms, conditions, reservations, and restrictions contained in . . . any such instrument of disposal” for clarity and consistency. In clause (1), the words “transferred by such instrument” are omitted as surplus. In clause (2), the text of 50 App.:1622c (last proviso) is omitted as executed. The words “protect or” are omitted as surplus.
In subsection (b), the words “In making any disposition of surplus property under this subsection” are omitted as surplus. The words “Secretary of a military department” are substituted for “the Secretary of the Army, or the Secretary of the Navy” for consistency with other titles of the United States Code and to eliminate unnecessary words. The words “Secretary of the Army” are substituted for “Secretary of War” in section 13(g)(3) of the Surplus Property Act of 1944 (ch. 479, 58 Stat. 765) because of section 205(a) of the National Security Act of 1947 (ch. 343, 61 Stat. 501). The Secretary of the Air Force is included in “Secretary of a military department” because of section 207(a) and (f) of the National Security Act of 1947 (ch. 343, 61 Stat. 502, 503). The word “waive” is substituted for “omit from the instrument of disposal” to eliminate unnecessary words and for consistency in this subchapter. The words “conditions, reservations, and restrictions” are omitted as surplus.
Amendments
2000—Subsec. (a)(1). Pub. L. 106–181, §135(d)(3), substituted “conveyance” for “gift” in introductory provisions and subpar. (B) and “conveyed” for “given” in subpar. (A).
Subsec. (c). Pub. L. 106–181, §125(d), added subsec. (c).
Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
Construction of 2000 Amendment
Nothing in amendment by section 125(d) of Pub. L. 106–181 to be construed to authorize Secretary of Transportation to issue waiver or make a modification referred to in such amendment, see section 125(e) of Pub. L. 106–181, set out as a note under section 47107 of this title.
SUBCHAPTER III—AVIATION DEVELOPMENT STREAMLINING
§47171. Expedited, coordinated environmental review process
(a)
(1) provides for better coordination among the Federal, regional, State, and local agencies concerned with the preparation of environmental impact statements or environmental assessments under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
(2) provides that all environmental reviews, analyses, opinions, permits, licenses, and approvals that must be issued or made by a Federal agency or airport sponsor for such a project will be conducted concurrently, to the maximum extent practicable; and
(3) provides that any environmental review, analysis, opinion, permit, license, or approval that must be issued or made by a Federal agency or airport sponsor for such a project will be completed within a time period established by the Secretary, in cooperation with the agencies identified under subsection (d) with respect to the project.
(b)
(1)
(2)
(A)
(B)
(i) the importance or urgency of the project;
(ii) the potential for undertaking the environmental review under existing emergency procedures under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
(iii) the need for cooperation and concurrent reviews by other Federal or State agencies;
(iv) the prospect for undue delay if the project is not designated for priority review; and
(v) for aviation security projects, the views of the Department of Homeland Security.
(c)
(1)
(2)
(d)
(e)
(f)
(g)
(1)
(2)
(h)
(i)
(1)
(2)
(j)
(k)
(l)
(m)
(Added Pub. L. 108–176, title III, §304(a), Dec. 12, 2003, 117 Stat. 2534.)
References in Text
The National Environmental Policy Act of 1969, referred to in subsecs. (a)(1), (b)(2)(B)(ii), and (l), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, as amended, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.
Executive Order No. 13274, referred to in subsec. (m), is set out as a note under section 301 of this title.
Effective Date
Subchapter applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out an Effective Date of 2003 Amendment note under section 106 of this title.
Findings
Pub. L. 108–176, title III, §302, Dec. 12, 2003, 117 Stat. 2533, provided that: “Congress finds that—
“(1) airports play a major role in interstate and foreign commerce;
“(2) congestion and delays at our Nation's major airports have a significant negative impact on our Nation's economy;
“(3) airport capacity enhancement projects at congested airports are a national priority and should be constructed on an expedited basis;
“(4) airport capacity enhancement projects must include an environmental review process that provides local citizenry an opportunity for consideration of and appropriate action to address environmental concerns; and
“(5) the Federal Aviation Administration, airport authorities, communities, and other Federal, State, and local government agencies must work together to develop a plan, set and honor milestones and deadlines, and work to protect the environment while sustaining the economic vitality that will result from the continued growth of aviation.”
Limitations
Pub. L. 108–176, title III, §308, Dec. 12, 2003, 117 Stat. 2539, provided that: “Nothing in this subtitle [subtitle A (§§301–309) of title III of Pub. L. 108–176, enacting this subchapter, amending sections 40104, 47106, and 47504 of this title, and enacting provisions set out as notes under this section], including any amendment made by this title [enacting this subchapter and amending sections 40104, 40128, 47106, 47503, and 47504 of this title], shall preempt or interfere with—
“(1) any practice of seeking public comment;
“(2) any power, jurisdiction, or authority that a State agency or an airport sponsor has with respect to carrying out an airport capacity enhancement project; and
“(3) any obligation to comply with the provisions of the National Environmental Policy Act of 1969 (42 U.S.C. 4371 [4321] et seq.) and the regulations issued by the Council on Environmental Quality to carry out such Act.”
Relationship to Other Requirements
Pub. L. 108–176, title III, §309, Dec. 12, 2003, 117 Stat. 2540, provided that: “The coordinated review process required under the amendments made by this subtitle [enacting this subchapter and amending sections 40104, 47106, and 47504 of this title] shall apply to an airport capacity enhancement project at a congested airport whether or not the project is designated by the Secretary of Transportation as a high-priority transportation infrastructure project under Executive Order 13274 [49 U.S.C. 301 note] (67 Fed. Reg. 59449; relating to environmental stewardship and transportation infrastructure project reviews).”
1 So in original. Probably should be “4321”.
§47172. Air traffic procedures for airport capacity enhancement projects at congested airports
(a)
(b)
(Added Pub. L. 108–176, title III, §304(a), Dec. 12, 2003, 117 Stat. 2537.)
§47173. Airport funding of FAA staff
(a)
(b)
(c)
(1) shall be credited as offsetting collections to the account that finances the activities and services for which the funds are accepted;
(2) shall be available for expenditure only to pay the costs of activities and services for which the funds are accepted; and
(3) shall remain available until expended.
(d)
(Added Pub. L. 108–176, title III, §304(a), Dec. 12, 2003, 117 Stat. 2537.)
References in Text
Section 337 of the Department of Transportation and Related Agencies Appropriations Act, 2002, referred to in subsec. (d), is section 337 of Pub. L. 107–87, Dec. 18, 2001, 115 Stat. 862, which is not classified to the Code.
§47174. Authorization of appropriations
In addition to the amounts authorized to be appropriated under section 106(k), there is authorized to be appropriated to the Secretary of Transportation, out of the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502), $4,200,000 for fiscal year 2004 and for each fiscal year thereafter to facilitate the timely processing, review, and completion of environmental activities associated with airport capacity enhancement projects at congested airports.
(Added Pub. L. 108–176, title III, §304(a), Dec. 12, 2003, 117 Stat. 2538.)
§47175. Definitions
In this subchapter, the following definitions apply:
(1)
(2)
(3)
(A) a project for construction or extension of a runway, including any land acquisition, taxiway, or safety area associated with the runway or runway extension; and
(B) such other airport development projects as the Secretary may designate as facilitating a reduction in air traffic congestion and delays.
(4)
(A) has as its primary purpose reducing the risk of injury to persons or damage to aircraft and property, as determined by the Administrator; and
(B)(i) is needed to respond to a recommendation from the National Transportation Safety Board, as determined by the Administrator; or
(ii) is necessary for an airport to comply with part 139 of title 14, Code of Federal Regulations (relating to airport certification).
(5)
(6)
(Added Pub. L. 108–176, title III, §304(a), Dec. 12, 2003, 117 Stat. 2538.)
CHAPTER 473—INTERNATIONAL AIRPORT FACILITIES
§47301. Definitions
In this chapter—
(1) “airport property” means an interest in property used or useful in operating and maintaining an airport.
(2) “airway property” means an interest in property used or useful in operating and maintaining a ground installation, facility, or equipment desirable for the orderly and safe operation of air traffic, including air navigation, air traffic control, airway communication, and meteorological facilities.
(3) “foreign territory” means an area—
(A) over which no government or a government of a foreign country has sovereignty;
(B) temporarily under military occupation by the United States Government; or
(C) occupied or administered by the Government or a government of a foreign country under an international agreement.
(4) “territory outside the continental United States” means territory outside the 48 contiguous States and the District of Columbia.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1280.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47301(1)–(3) | 49 App.:1151. | June 16, 1948, ch. 473, §2, 62 Stat. 450; Aug. 23, 1958, Pub. L. 85–726, §1403, 72 Stat. 808. |
| 47301(4) | (no source). |
In this section, the words “the purposes of” and “The term” are omitted as surplus.
In clauses (1) and (2), the words “real or personal”, “directly or indirectly”, “administration”, and “(including parts and components thereof)” are omitted as surplus.
In clause (1), the words “including . . . (1) land; (2) runways, strips, taxiways, and parking aprons; (3) buildings, structures, improvements, and facilities, whether or not used in connection with the landing and take-off of aircraft; and (4) equipment . . . furniture, vehicles, and supplies” are omitted as being included in “an interest in property”.
In clause (2), the words “necessary or” are omitted as surplus.
In clause (3), before subclause (A), the words “of land or water” are omitted as surplus. In subclause (A), the words “no government or a government of a foreign country” are substituted for “no nation or a nation other than the United States” for consistency in the revised title and with other titles of the United States Code. The words “(including territory of undetermined sovereignty and the high seas)” are omitted as surplus. In subclause (C), the words “government of a foreign country” are substituted for “other nation” for consistency in the revised title and with other titles of the Code.
Clause (4) is derived from the source provisions of the chapter and is included to avoid repeating the phrase “territory (including Alaska) outside the continental limits of the United States”.
§47302. Providing airport and airway property in foreign territories
(a)
(1) the Secretary of Transportation may acquire, establish, and construct airport property and airway property (except meteorological facilities) in foreign territory; and
(2) the Secretary of Commerce may acquire, establish, and construct meteorological facilities in foreign territory.
(b)
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1281.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47302(a), (b) | 49 App.:1152. | June 16, 1948, ch. 473, §3, 62 Stat. 451; Aug. 23, 1958, Pub. L. 85–726, §1403, 72 Stat. 808. |
| 49 App.:1655(c)(1). | Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444. | |
| 47302(c) | 49 App.:1154. | June 16, 1948, ch. 473, §5, 62 Stat. 451. |
| 49 App.:1655(c)(1). |
In this chapter, the words “government of a foreign country” are substituted for “foreign government” for consistency in the revised title and with other titles of the United States Code.
In this section, the title “Secretary of Commerce” is substituted for “Chief of the Weather Bureau of the Department of Commerce” in section 3, and “Chief of the Weather Bureau” in section 5, of the International Aviation Facilities Act (ch. 473, 62 Stat. 451) because of sections 1 and 2 of Reorganization Plan No. 2 of 1965 (eff. July 13, 1965, 79 Stat. 1318).
In subsection (a), the words “by contract or otherwise” are omitted as surplus. The words “airport property and airway property (except meteorological facilities)” and “meteorological facilities” are substituted for “within their respective fields” for clarity.
In subsection (b), the words “for the airport” are substituted for “for such purpose” for clarity. The words “by the Congress” are omitted as surplus.
In subsection (c), the words “on behalf of the United States” are omitted as surplus. The words “sold or provided” are substituted for “supplied or . . . performed” for consistency in this chapter. The words “by the Secretary of Transportation or the Secretary of Commerce, either directly or indirectly” and “the authority of” are omitted as surplus. The words “or the Civil Aeronautics Act of 1938, as amended” are omitted as obsolete because the Act was repealed by section 1401(b) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 806). The words “including the operation of airport property and airway property in such countries, the training of foreign nationals, the rendering of technical assistance and advice to such countries, and the performance of other similar services” are omitted as being included in “facilities or services sold or provided”. The words “or both” are substituted for “or (C) in part as provided under clause (A) and in part as provided under clause (B)” to eliminate unnecessary words.
§47303. Training foreign citizens
Subject to the concurrence of the Secretary of State, the Secretary of Transportation or Commerce, as appropriate, may train a foreign citizen in a subject related to aeronautics and essential to the orderly and safe operation of civil aircraft. The training may be provided—
(1) directly by the appropriate Secretary or jointly with another department, agency, or instrumentality of the United States Government;
(2) through a public or private agency of the United States (including a State or municipal educational institution); or
(3) through an international organization.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1281.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47303 | 49 App.:1153. | June 16, 1948, ch. 473, §4, 62 Stat. 451. |
| 49 App.:1655(c)(1). | Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444. |
In this section, before clause (1), the title “Secretary of Commerce” is substituted for “Chief of the Weather Bureau” in section 4 of the International Aviation Facilities Act (ch. 473, 62 Stat. 451) because of sections 1 and 2 of Reorganization Plan No. 2 of 1965 (eff. July 13, 1965, 79 Stat. 1318). The words “within or outside the United States” are omitted as surplus. The word “citizen” is substituted for “nationals” as being more appropriate. In clause (1), the word “jointly” is substituted for “or in conjunction” to eliminate unnecessary words. The words “department, agency, or instrumentality of the United States Government” are substituted for “United States Government agency” for consistency in the revised title and with other titles of the United States Code.
§47304. Transfer of airport and airway property
(a)
(b)
(1) the Secretary of the military department finds that the property or facility is no longer required exclusively for military purposes; and
(2) the Secretary of Transportation or Commerce, as appropriate, decides that the transfer is or may be necessary to carry out this chapter.
(c)
(A) the approval of the Secretary of Defense; and
(B) each obligation assumed by the United States Government under an agreement between the Government and the Republic of Panama.
(2) The Secretary of a military department may transfer without charge to the Secretary of Transportation property located in the Republic of Panama when the Secretary of Transportation decides that the transfer may be useful in carrying out this chapter.
(3) Subsection (b) of this section (related to the Secretary of Transportation) and section 47302(a) and (b) of this title do not apply in carrying out this subsection.
(d)
(2) On the recommendation of the Secretary of Transportation or Commerce, as appropriate, the Secretary of a military department may decide not to act under paragraph (1) of this subsection.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1281.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47304(a) | 49 App.:1155. | June 16, 1948, ch. 473, §§6, 8(a), (b), 62 Stat. 452; Aug. 23, 1958, Pub. L. 85–726, §1403, 72 Stat. 808. |
| 49 App.:1655(c)(1). | Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444. | |
| 47304(b) | 49 App.:1157(a), (b). | |
| 49 App.:1655(c)(1). | ||
| 47304(c)(1) | 49 App.:1156(a), (b). 49 App.:1655(c)(1). |
June 16, 1948, ch. 473, §§7, 9, 62 Stat. 452, 453. |
| 47304(c)(2) | 49 App.:1156(c). | |
| 49 App.:1655(c)(1). | ||
| 47304(c)(3) | 49 App.:1156(d). | |
| 47304(d) | 49 App.:1158. | |
| 49 App.:1655(c)(1). |
In this section, the title “Secretary of Commerce” is substituted for “Chief of the Weather Bureau” in sections 6, 8, and 9 of the International Aviation Facilities Act (ch. 473, 62 Stat. 452) because of sections 1 and 2 of Reorganization Plan No. 2 of 1965 (eff. July 13, 1965, 79 Stat. 1318).
In subsection (a), the words “including consideration agreed on” are substituted for “including provision for receiving, on behalf of the United States, such payment or other consideration for the property so transferred as may be agreed upon” to eliminate unnecessary words.
In subsections (b) and (c), the words “Secretary of a military department” are substituted for “National Military Establishment” (subsequently changed to “department of the Department of Defense” because of section 12(a) of the National Security Act Amendments of 1949 (ch. 412, 63 Stat. 591)) because of 5:102 and 10:101.
In subsection (b), before clause (1), the words “if any, as may be . . . in specific cases”, “at its discretion”, and “therefor” are omitted as surplus. The word “except” is substituted for “exclusive of” for consistency in this chapter. The word “controls” is substituted for “in the possession of” for clarity. The word “considered” is omitted as surplus. In clause (2), the words “the purposes of” are omitted as surplus.
In subsection (c), reference to the Canal Zone is omitted because of the Panama Canal Treaty of 1977.
In subsection (c)(1), before clause (A), the words “and to do all things necessary in connection with the” are omitted as surplus. The word “airway” is added for consistency in this chapter. In clause (B), the words “treaty, convention, or” are omitted as surplus.
In subsection (c)(2), the words “in its discretion”, “therefor”, “airport property or airway property or other real or personal”, and “the purposes of” are omitted as surplus.
In subsection (d)(1), the words “as determined by the Secretary of the department which made the transfer” are omitted as surplus. The words “(with any improvements to it)” are substituted for “together with any improvements or additions made thereto” to eliminate unnecessary words. The words “or persons” are omitted because of 1:1.
In subsection (d)(2), the words “decide not to act” are substituted for “in any case . . . waive any right or privilege conferred or reserved” to eliminate unnecessary words.
§47305. Administrative
(a)
(1) adapt the property or facility to the needs of civil aeronautics;
(2) lease the property or facility for not more than 20 years;
(3) make a contract, or provide directly, for facilities and services;
(4) make reasonable charges for aeronautical services; and
(5) acquire an interest in property.
(b)
(c)
(d)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1282.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47305(a) | 49 App.:1159(a) (1st sentence), (b). | June 16, 1948, ch. 473, §10(a) (1st sentence), (b)–(d), 62 Stat. 453, 454. |
| 49 App.:1655(c)(1). | Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444. | |
| 47305(b) | 49 App.:1159(c). | |
| 49 App.:1655(c)(1). | ||
| 47305(c) | 49 App.:1160. | June 16, 1948, ch. 473, §12, 62 Stat. 454; Aug. 23, 1958, Pub. L. 85–726, §1403, 72 Stat. 808; Jan. 3, 1975, Pub. L. 93–623, §3, 88 Stat. 2103. |
| 49 App.:1655(c)(1). | ||
| 47305(d) | 49 App.:1159(d). | |
| 49 App.:1655(c)(1). |
In this section, the title “Secretary of Commerce” is substituted for “Chief of the Weather Bureau” in section 10(b)–(d), and for “Chief of the Weather Bureau” and “Weather Bureau” in section 12, of the International Aviation Facilities Act (ch. 473, 62 Stat. 454) because of sections 1 and 2 of Reorganization Plan No. 2 of 1965 (eff. July 13, 1965, 79 Stat. 1318).
In subsection (a), before clause (1), the words “do and perform, by contract or otherwise, all acts and things necessary or incident to” and “pursuant to this chapter or any other provision of law” are omitted as surplus. In clause (1), the words “from time to time” and “by construction, installation, reengineering, relocation, or otherwise” are omitted as surplus. The text of 49 App.:1159(a)(2) is omitted as surplus because of 49:322(a). In clause (2), the words “under such conditions as he may deem proper” and “space or” are omitted as surplus. The words “for not more than 20 years” are substituted for “and for such periods as may be desirable (not to exceed twenty years)” to eliminate unnecessary words. The words “for purposes essential or appropriate to their consolidation, operation, protection, and administration under this chapter” are omitted as surplus. In clause (3), the words “the sale of fuel, oil, equipment, food and supplies, hotel accommodations, and other” and “necessary or desirable for the operation and administration of such properties” are omitted as surplus. In clause (4), the word “reasonable” is substituted for “just and reasonable” for consistency in the revised title and with other titles of the United States Code. The words “(including but not limited to landing fees and fees for the use of communication services)” are omitted as surplus. In clause (5), the words “by purchase or otherwise, real or personal” and “which he may consider necessary for the purposes of this section” are omitted as surplus.
In subsection (b), the words “including handling charges” are omitted as surplus. The words “facilities and services sold or provided” are substituted for “of the fuel, oil, equipment, food, supplies, services, shelter, or other assistance or services sold or furnished” for consistency and to eliminate unnecessary words. The words “under subsection (a)(3) and (4) of this section” are added for clarity. The words “if any” are omitted as surplus. The words “deposited in the Treasury as” are substituted for “credited to” for clarity and consistency in the revised title and with other titles of the Code.
In subsection (c), the words “use personnel and facilities of the United States Government most advantageously and without unnecessary duplication” are substituted for “to the end that personnel and facilities of existing United States Government agencies shall be utilized to the fullest possible advantage and not be unnecessarily duplicated” to eliminate unnecessary words. The word “request” is substituted for “arrange for” for clarity. The words “department, agency, or instrumentality of the Government” are substituted for “other United States Government agencies” for consistency in the revised title and with other titles of the Code. The words “on a reimbursable basis” are substituted for “and to reimburse any such agency for such service out of funds appropriated to the Department of Transportation or the Department of Commerce, as the case may be” to eliminate unnecessary words.
Annette Island Airport, Alaska; Renewal of Lease
Act May 9, 1956, ch. 241, 70 Stat. 146, provided: “That the Congress of the United States hereby approves the extension, from year to year, until June 30, 1999, of a lease of certain land comprising part of Annette Island, Alaska, for use by the Civil Aeronautics Administration [now the Federal Aviation Administration] as an airport, entered into by the United States of America and the Council of the Annette Island Reserve on December 13, 1948, section 5 of which lease provides that no renewal thereof shall extend beyond June 30, 1959, unless approved by Congress.”
§47306. Criminal penalty
A person that knowingly and willfully violates a regulation prescribed by the Secretary of Transportation to carry out this chapter shall be fined under title 18, imprisoned for not more than 6 months, or both.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1283.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47306 | 49 App.:1159(a) (last sentence). | June 16, 1948, ch. 473, §10(a) (last sentence), 62 Stat. 454. |
| 49 App.:1655(c)(1). | Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444. |
The word “prescribed” is substituted for “issued” for consistency in the revised title and with other titles of the United States Code. The words “if such violation is committed in any area under the civil jurisdiction of the United States” are omitted as surplus. The words “fined under title 18” are substituted for “a fine of not more than $500”, and the words “be deemed guilty of a misdemeanor” are omitted, for consistency with title 18.
CHAPTER 475—NOISE
SUBCHAPTER I—NOISE ABATEMENT
SUBCHAPTER II—NATIONAL AVIATION NOISE POLICY
Amendments
1994—Pub. L. 103–429, §6(72)(B), Oct. 31, 1994, 108 Stat. 4388, added item 47510.
Pub. L. 103–305, title III, §308(b), Aug. 23, 1994, 108 Stat. 1594, added item 47509.
SUBCHAPTER I—NOISE ABATEMENT
§47501. Definitions
In this subchapter—
(1) “airport” means a public-use airport as defined in section 47102 of this title.
(2) “airport operator” means—
(A) for an airport serving air carriers that have certificates from the Secretary of Transportation, any person holding an airport operating certificate issued under section 44706 of this title; and
(B) for any other airport, the person operating the airport.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1284.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47501(1) | 49 App.:2101(1). | Feb. 18, 1980, Pub. L. 96–193, §101(1), 94 Stat. 50; restated Sept. 3, 1982, Pub. L. 97–248, §524(b)(1), 96 Stat. 696; Dec. 30, 1987, Pub. L. 100–223, §103(f), 101 Stat. 1489. |
| 49 App.:2101(3). | Feb. 18, 1980, Pub. L. 96–193, §101(3), 94 Stat. 50. | |
| 47501(2) | 49 App.:2101(2). | Feb. 18, 1980, Pub. L. 96–193, §101(2), 94 Stat. 50; restated Sept. 3, 1982, Pub. L. 97–248, §524(b)(2), 96 Stat. 696. |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704. |
In this section, the words “the term” are omitted as surplus.
In clause (1), the text of 49 App.:2101(3) is omitted as surplus because the complete name of the Secretary of Transportation is used the first time the term appears in a section.
In clause (2), the word “valid” is omitted as surplus.
Airport Noise Study
Pub. L. 106–181, title VII, §745, Apr. 5, 2000, 114 Stat. 178, as amended by Pub. L. 106–528, §7(a), Nov. 22, 2000, 114 Stat. 2521, provided that:
“(a)
“(b)
“(1) the threshold of noise at which health begins to be affected;
“(2) the effectiveness of noise abatement programs at airports located in the United States;
“(3) the impacts of aircraft noise on communities, including schools; and
“(4) the noise assessment practices of the Federal Aviation Administration and whether such practices fairly and accurately reflect the burden of noise on communities.
“(c)
“(d)
Nonmilitary Helicopter Noise
Pub. L. 106–181, title VII, §747, Apr. 5, 2000, 114 Stat. 179, provided that:
“(a)
“(1) on the effects of nonmilitary helicopter noise on individuals in densely populated areas in the continental United States; and
“(2) to develop recommendations for the reduction of the effects of nonmilitary helicopter noise.
“(b)
“(c)
“(d)
§47502. Noise measurement and exposure systems and identifying land use compatible with noise exposure
After consultation with the Administrator of the Environmental Protection Agency and United States Government, State, and interstate agencies that the Secretary of Transportation considers appropriate, the Secretary shall by regulation—
(1) establish a single system of measuring noise that—
(A) has a highly reliable relationship between projected noise exposure and surveyed reactions of individuals to noise; and
(B) is applied uniformly in measuring noise at airports and the surrounding area;
(2) establish a single system for determining the exposure of individuals to noise resulting from airport operations, including noise intensity, duration, frequency, and time of occurrence; and
(3) identify land uses normally compatible with various exposures of individuals to noise.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1284.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47502 | 49 App.:2102. | Feb. 18, 1980, Pub. L. 96–193, §102, 94 Stat. 50. |
In this section, before clause (1), the words “Not later than the last day of the twelfth month which begins after February 18, 1980” are omitted as obsolete.
§47503. Noise exposure maps
(a)
(1) be prepared in consultation with public agencies and planning authorities in the area surrounding the airport; and
(2) comply with regulations prescribed under section 47502 of this title.
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1284; Pub. L. 108–176, title III, §324, Dec. 12, 2003, 117 Stat. 2542.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47503(a) | 49 App.:2103(a)(1). | Feb. 18, 1980, Pub. L. 96–193, §103(a), 94 Stat. 50. |
| 47503(b) | 49 App.:2103(a)(2). |
In subsection (a), before clause (1), the words “After the effective date of the regulations promulgated in accordance with section 2102 of this Appendix” are omitted as executed. The words “of an airport” and “at such airport” are omitted as surplus. The word “how” is substituted for “the ways, if any, in which” to eliminate unnecessary words. In clause (1), the words “planning authorities” are substituted for “planning agencies” for consistency.
In subsection (b), the words “to the Secretary” are added for clarity. The words “after the submission to the Secretary of a noise exposure map under paragraph (1)” are omitted as surplus.
Amendments
2003—Subsec. (a). Pub. L. 108–176, §324(1), substituted “a forecast period that is at least 5 years in the future” for “1985,” in introductory provisions.
Subsec. (b). Pub. L. 108–176, §324(2), added subsec. (b) and struck out heading and text of former subsec. (b). Text read as follows: “If a change in the operation of an airport will establish a substantial new noncompatible use in an area surrounding the airport, the airport operator shall submit a revised noise exposure map to the Secretary showing the new noncompatible use.”
Effective Date of 2003 Amendment
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
Noise Disclosure
Pub. L. 108–176, title III, §322, Dec. 12, 2003, 117 Stat. 2540, provided that:
“(a)
“(b)
“(c)
§47504. Noise compatibility programs
(a)
(A) consulting with public agencies and planning authorities in the area surrounding the airport, United States Government officials having local responsibility for the airport, and air carriers using the airport; and
(B) notice and an opportunity for a public hearing.
(2) A program submitted under paragraph (1) of this subsection shall state the measures the operator has taken or proposes to take to reduce existing noncompatible uses and prevent introducing additional noncompatible uses in the area covered by the map. The measures may include—
(A) establishing a preferential runway system;
(B) restricting the use of the airport by a type or class of aircraft because of the noise characteristics of the aircraft;
(C) constructing barriers and acoustical shielding and soundproofing public buildings;
(D) using flight procedures to control the operation of aircraft to reduce exposure of individuals to noise in the area surrounding the airport; and
(E) acquiring land, air rights, easements, development rights, and other interests to ensure that the property will be used in ways compatible with airport operations.
(b)
(A) does not place an unreasonable burden on interstate or foreign commerce;
(B) is reasonably consistent with achieving the goal of reducing noncompatible uses and preventing the introduction of additional noncompatible uses; and
(C) provides for necessary revisions because of a revised map submitted under section 47503(b) of this title.
(2) A program (except as the program is related to flight procedures referred to in subsection (a)(2)(D) of this section) is deemed to be approved if the Secretary does not act within the 180-day period.
(3) The Secretary shall submit any part of a program related to flight procedures referred to in subsection (a)(2)(D) of this section to the Administrator of the Federal Aviation Administration. The Administrator shall approve or disapprove that part of the program.
(4) The Secretary shall not approve in fiscal years 2004 through 2007 a program submitted under subsection (a) if the program requires the expenditure of funds made available under section 48103 for mitigation of aircraft noise less than 65 DNL.
(c)
(A) an airport operator submitting the program; and
(B) a unit of local government in the area surrounding the airport, if the Secretary decides the unit is able to carry out the project.
(2)
(A) for projects to soundproof residential buildings—
(i) if the airport operator received approval for a grant for a project to soundproof residential buildings pursuant to section 301(d)(4)(B) of the Airport and Airway Safety and Capacity Expansion Act of 1987;
(ii) if the airport operator submits updated noise exposure contours, as required by the Secretary; and
(iii) if the Secretary determines that the proposed projects are compatible with the purposes of this chapter;
(B) to an airport operator and unit of local government referred to in paragraph (1)(A) or (1)(B) of this subsection to soundproof residential buildings located on residential properties, and to acquire residential properties, at which noise levels are not compatible with normal operations of an airport—
(i) if the airport operator amended an existing local aircraft noise regulation during calendar year 1993 to increase the maximum permitted noise levels for scheduled air carrier aircraft as a direct result of implementation of revised aircraft noise departure procedures mandated for aircraft safety purposes by the Administrator of the Federal Aviation Administration for standardized application at airports served by scheduled air carriers;
(ii) if the airport operator submits updated noise exposure contours, as required by the Secretary; and
(iii) if the Secretary determines that the proposed projects are compatible with the purposes of this chapter;
(C) to an airport operator and unit of local government referred to in paragraph (1)(A) or (1)(B) of this subsection to carry out any part of a program developed before February 18, 1980, or before implementing regulations were prescribed, if the Secretary decides the program is substantially consistent with reducing existing noncompatible uses and preventing the introduction of additional noncompatible uses and the purposes of this chapter will be furthered by promptly carrying out the program;
(D) to an airport operator and unit of local government referred to in paragraph (1)(A) or (1)(B) of this subsection to soundproof a building in the noise impact area surrounding the airport that is used primarily for educational or medical purposes and that the Secretary decides is adversely affected by airport noise; and
(E) to an airport operator of a congested airport (as defined in section 47175) and a unit of local government referred to in paragraph (1)(B) of this subsection to carry out a project to mitigate noise in the area surrounding the airport if the project is included as a commitment in a record of decision of the Federal Aviation Administration for an airport capacity enhancement project (as defined in section 47175) even if that airport has not met the requirements of part 150 of title 14, Code of Federal Regulations.
(3) An airport operator may agree to make a grant made under paragraph (1)(A) of this subsection available to a public agency in the area surrounding the airport if the Secretary decides the agency is able to carry out the project.
(4) The Government's share of a project for which a grant is made under this subsection is the greater of—
(A) 80 percent of the cost of the project; or
(B) the Government's share that would apply if the amounts available for the project were made available under subchapter I of chapter 471 of this title for a project at the airport.
(5) The provisions of subchapter I of chapter 471 of this title related to grants apply to a grant made under this chapter, except—
(A) section 47109(a) and (b) of this title; and
(B) any provision that the Secretary decides is inconsistent with, or unnecessary to carry out, this chapter.
(6)
(d)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1285; Pub. L. 103–305, title I, §119, Aug. 23, 1994, 108 Stat. 1580; Pub. L. 103–429, §6(71), Oct. 31, 1994, 108 Stat. 4387; Pub. L. 106–181, title I, §154, Apr. 5, 2000, 114 Stat. 88; Pub. L. 108–176, title I, §189, title III, §306, Dec. 12, 2003, 117 Stat. 2519, 2539.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47504(a) | 49 App.:2104(a). | Feb. 18, 1980, Pub. L. 96–193, §104(a), 94 Stat. 51; Dec. 30, 1987, Pub. L. 100–223, §301(a), 101 Stat. 1523. |
| 47504(b) | 49 App.:2104(b). | Feb. 18, 1980, Pub. L. 96–193, §104(b), (d), 94 Stat. 52, 53. |
| 47504(c) | 49 App.:2104(c). | Feb. 18, 1980, Pub. L. 96–193, §104(c), 94 Stat. 52; Sept. 3, 1982, Pub. L. 97–248, §524(b)(4), 96 Stat. 696; Dec. 30, 1987, Pub. L. 100–223, §301(b), (c), 101 Stat. 1523; Oct. 28, 1991, Pub. L. 102–143, §336, 105 Stat. 947. |
| 47504(d) | 49 App.:2104(d). |
In subsection (a)(1)(A), the words “the officials of” are omitted as surplus. The words “planning authorities” are substituted for “planning agencies” for consistency.
In subsection (a)(2)(A), the word “establishing” is substituted for “the implementation of” for consistency.
In subsection (a)(2)(B), the words “the implementation of” are omitted as surplus.
In subsection (b)(1), before clause (A), the words “to him” and “the measures to be undertaken in carrying out” are omitted as surplus. In clause (B), the word “achieving” is substituted for “obtaining” for clarity. The word “existing” is omitted as surplus.
Subsection (b)(2) is substituted for 49 App.:2104(b) (3d sentence) to eliminate unnecessary words.
In subsection (c)(1)(B) and (2), the words “for which grant applications are made in accordance with such noise compatibility programs” are omitted as surplus.
In subsection (c)(1), before clause (A), the words “incur obligations to” and “further . . . under this section” are omitted as surplus. In clause (C), the words “to carry out any part of a program” are substituted for “any project to carry out a noise compatibility program”, and the words “or before implementing regulations were prescribed” are substituted for “or the promulgation of its implementing regulations”, for clarity and consistency. The words “the purposes of” before “reducing” are omitted as surplus. The word “noncompatible” is added after “existing” for clarity and consistency. In clause (D), the words “for any project” and “determined to be” are omitted as surplus.
In subsection (c)(2), the words “in turn” are omitted as surplus.
In subsection (c)(4), before clause (A), the words “All of” and “made under section 505 of that Act” are omitted as surplus. The word “except” is substituted for “unless” for clarity. In clause (1), the words “relating to United States share of project costs” are omitted as surplus. In clause (2), the words “the purposes of” are omitted as surplus.
In subsection (d), the words “by the Secretary or the Administrator of the Federal Aviation Administration” are omitted as surplus.
Pub. L. 103–429
This redesignates 49:47504(c)(1)(C) and (D) as 49:47504(c)(2)(C) and (D) because the subject matter is similar to that of 49:47504(c)(2)(A) and (B) that was added by section 119(2) of the Federal Aviation Administration Authorization Act of 1994 (Public Law 103–305, 108 Stat. 1580).
References in Text
Section 301(d)(4)(B) of the Airport and Airway Safety and Capacity Expansion Act of 1987, referred to in subsec. (c)(2)(A)(i), is section 301(d)(4)(B) of Pub. L. 100–223, which was set out as a note under section 2104 of former Title 49, Transportation, prior to repeal by Pub. L. 103–272, §7(b), July 5, 1994, 108 Stat. 1379.
Amendments
2003—Subsec. (b)(4). Pub. L. 108–176, §189, added par. (4).
Subsec. (c)(2)(C)–(E). Pub. L. 108–176, §306, realigned margins of subpars. (C) and (D) and added subpar. (E).
2000—Subsec. (c)(6). Pub. L. 106–181 added par. (6).
1994—Subsec. (c)(1)(A). Pub. L. 103–429, §6(71)(A), inserted “and” after semicolon at end.
Subsec. (c)(1)(B). Pub. L. 103–429, §6(71)(B), substituted a period for semicolon at end.
Subsec. (c)(1)(C), (D). Pub. L. 103–429, §6(71)(C), redesignated par. (1)(C) as (2)(C) and (1)(D) as (2)(D).
Subsec. (c)(2). Pub. L. 103–305, §119(2), added par. (2). Former par. (2) redesignated (3).
Subsec. (c)(2)(A)(iii). Pub. L. 103–429, §6(71)(D), struck out “and” after semicolon at end.
Subsec. (c)(2)(B)(iii). Pub. L. 103–429, §6(71)(E), substituted a semicolon for period at end.
Subsec. (c)(2)(C), (D). Pub. L. 103–429, §6(71)(F), substituted “to an airport operator and unit of local government referred to in paragraph (1)(A) or (1)(B) of this subsection” for “an airport operator or unit of local government referred to in clause (A) or (B) of this paragraph”.
Pub. L. 103–429, §6(71)(C), redesignated par. (1)(C) as (2)(C) and (1)(D) as (2)(D).
Subsec. (c)(3). Pub. L. 103–305, §119(1), redesignated par. (2) as (3). Former par. (3) redesignated (4).
Subsec. (c)(4). Pub. L. 103–305, §119(3), struck out “paragraph (1) of” before “this subsection” in introductory provisions.
Pub. L. 103–305, §119(1), redesignated par. (3) as (4). Former par. (4) redesignated (5).
Subsec. (c)(5). Pub. L. 103–305, §119(1), redesignated par. (4) as (5).
Effective Date of 2003 Amendment
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
§47505. Airport noise compatibility planning grants
(a)
(1) a noise exposure map and related information under section 47503 of this title, including the cost of obtaining the information; or
(2) a noise compatibility program under section 47504 of this title.
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1286.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47505 | 49 App.:2103(b). | Feb. 18, 1980, Pub. L. 96–193, §103(b), 94 Stat. 51; restated Sept. 3, 1982, Pub. L. 97–248, §524(b)(3), 96 Stat. 696. |
In subsection (a), before clause (1), the words “incur obligations to” are omitted as surplus.
§47506. Limitations on recovering damages for noise
(a)
(1) after acquiring the interest, there was a significant—
(A) change in the type or frequency of aircraft operations at the airport;
(B) change in the airport layout;
(C) change in flight patterns; or
(D) increase in nighttime operations; and
(2) the damages resulted from the change or increase.
(b)
(1) before the person acquired the interest, notice of the existence of the map was published at least 3 times in a newspaper of general circulation in the county in which the property is located; or
(2) the person is given a copy of the map when acquiring the interest.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1286.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47506 | 49 App.:2107. | Feb. 18, 1980, Pub. L. 96–193, §107, 94 Stat. 53. |
In subsection (a)(2), the words “for which recovery is sought have” are omitted as surplus.
§47507. Nonadmissibility of noise exposure map and related information as evidence
No part of a noise exposure map or related information described in section 47503 of this title that is submitted to, or prepared by, the Secretary of Transportation and no part of a list of land uses the Secretary identifies as normally compatible with various exposures of individuals to noise may be admitted into evidence or used for any other purpose in a civil action asking for relief for noise resulting from the operation of an airport.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1287.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47507 | 49 App.:2106. | Feb. 18, 1980, Pub. L. 96–193, §106, 94 Stat. 53. |
The words “land uses which are” are omitted as surplus. The words “civil action” are substituted for “suit or action” for consistency in the revised title and with other titles of the United States Code. The words “damages or other” are omitted as surplus.
§47508. Noise standards for air carriers and foreign air carriers providing foreign air transportation
(a)
(1) the Secretary prescribed for new subsonic aircraft in regulations of the Secretary in effect on January 1, 1977; or
(2) of the International Civil Aviation Organization that are substantially compatible with standards of the Secretary for new subsonic aircraft in regulations of the Secretary at parts 36 and 91 of title 14, Code of Federal Regulations, prescribed between January 2, 1977, and January 1, 1982.
(b)
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1287.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47508(a) | 49 App.:2122(a) (1st sentence words before last comma, last sentence). | Feb. 18, 1980, Pub. L. 96–193, §302(a), 94 Stat. 56. |
| 47508(b) | 49 App.:2122(a) (1st sentence words after last comma). | |
| 47508(c) | 49 App.:2122(a) (2d sentence). |
In this section, the word “providing” is substituted for “engaging in” for consistency in the revised title.
In subsection (a), the words “acting through the Administrator” and “acting through the Administrator of the Federal Aviation Administration (14 CFR part 36)” are omitted for consistency. Section 6(c)(1) of the Department of Transportation Act (Public Law 89–670, 80 Stat. 938) transferred all duties and powers of the Federal Aviation Agency and the Administrator to the Secretary of Transportation. However, the Secretary was to carry out certain provisions through the Administrator. In addition, various laws enacted since then have vested duties and powers in the Administrator. All provisions of law the Secretary is required to carry out through the Administrator are included in 49:106(g). Before clause (1), the words “If, by January 1, 1980, the International Civil Aviation Organization (hereafter referred to as ‘ICAO’) does not reach an agreement” and “commence a rulemaking to” and 49 App.:2122(a) (last sentence) are omitted as executed. In clause (1), the words “as such regulations were” are omitted as surplus. In clause (2), the words “on noise standards and an international schedule” and “(annex 16)” are omitted as surplus. The words “of the Secretary for new subsonic aircraft in regulations of the Secretary at parts 36 and 91 of title 14, Code of Federal Regulations, prescribed between January 2, 1977, and January 1, 1982” are substituted for “set forth in such regulations issued by the Secretary (14 CFR parts 36 and 91) during the 5-year period thereafter” for clarity and consistency.
In subsection (b), the words “in effect” are omitted as surplus.
Implementation of Chapter 4 Noise Standards
Pub. L. 108–176, title III, §325, Dec. 12, 2003, 117 Stat. 2542, provided that: “Not later than April 1, 2005, the Secretary of Transportation shall issue final regulations to implement Chapter 4 noise standards, consistent with the recommendations adopted by the International Civil Aviation Organization.”
Standards for Aircraft and Aircraft Engines To Reduce Noise Levels
Pub. L. 106–181, title VII, §726, Apr. 5, 2000, 114 Stat. 167, provided that:
“(a)
“(b)
“(1) are performance based and can be achieved by use of a full range of certifiable noise reduction technologies;
“(2) protect the useful economic value of existing Stage 3 aircraft in the United States fleet;
“(3) ensure that United States air carriers and aircraft engine and hushkit manufacturers are not competitively disadvantaged;
“(4) use dynamic economic modeling capable of determining impacts on all aircraft in service in the United States fleet; and
“(5) continue the use of a balanced approach to address aircraft environmental issues, taking into account aircraft technology, land use planning, economic feasibility, and airspace operational improvements.
“(c)
Aircraft Noise Research Program
Pub. L. 102–581, title III, §304, Oct. 31, 1992, 106 Stat. 4896, as amended by Pub. L. 109–155, title VII, §706(b), Dec. 30, 2005, 119 Stat. 2937, provided that:
“(a)
“(b)
“(c)
“(d)
§47509. Research program on quiet aircraft technology for propeller and rotor driven aircraft
(a)
(b)
(c)
(d)
(e)
(Added Pub. L. 103–305, title III, §308(a), Aug. 23, 1994, 108 Stat. 1593; amended Pub. L. 104–287, §5(86), Oct. 11, 1996, 110 Stat. 3398.)
Amendments
1996—Subsec. (d). Pub. L. 104–287 substituted “August 23, 1994” for “the date of the enactment of this section”.
§47510. Tradeoff allowance
Notwithstanding another law or a regulation prescribed or order issued under that law, the tradeoff provisions contained in appendix C of part 36 of title 14, Code of Federal Regulations, apply in deciding whether an aircraft complies with subpart I of part 91 of title 14.
(Added Pub. L. 103–429, §6(72)(A), Oct. 31, 1994, 108 Stat. 4387.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47510 | 49 App.:2125. | Feb. 18, 1980, Pub. L. 96–193, §305, 94 Stat. 57. |
The word “prescribed” is added for consistency in the revised title and with other titles of the United States Code. The words “subpart I of part 91” are substituted for “subpart E of part 91” because of the restatement of part 91. See 54 Fed. Reg. 34321 (Aug. 18, 1989).
SUBCHAPTER II—NATIONAL AVIATION NOISE POLICY
§47521. Findings
Congress finds that—
(1) aviation noise management is crucial to the continued increase in airport capacity;
(2) community noise concerns have led to uncoordinated and inconsistent restrictions on aviation that could impede the national air transportation system;
(3) a noise policy must be carried out at the national level;
(4) local interest in aviation noise management shall be considered in determining the national interest;
(5) community concerns can be alleviated through the use of new technology aircraft and the use of revenues, including those available from passenger facility fees, for noise management;
(6) revenues controlled by the United States Government can help resolve noise problems and carry with them a responsibility to the national airport system;
(7) revenues derived from a passenger facility fee may be applied to noise management and increased airport capacity; and
(8) a precondition to the establishment and collection of a passenger facility fee is the prescribing by the Secretary of Transportation of a regulation establishing procedures for reviewing airport noise and access restrictions on operations of stage 2 and stage 3 aircraft.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1287.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47521 | 49 App.:2151. | Nov. 5, 1990, Pub. L. 101–508, §9302, 104 Stat. 1388–378. |
§47522. Definitions
In this subchapter—
(1) “air carrier”, “air transportation”, and “United States” have the same meanings given those terms in section 40102(a) of this title.
(2) “stage 3 noise levels” means the stage 3 noise levels in part 36 of title 14, Code of Federal Regulations, in effect on November 5, 1990.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1288.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47522 | 49 App.:2157(h). | Nov. 5, 1990, Pub. L. 101–508, §9308(h), 104 Stat. 1388–384. |
The definitions are made applicable to all of subchapter II, rather than only to those provisions based on 49 App.:2157 as in the source provisions, because the defined terms appear in several sections of subchapter II and it is assumed they are intended to have the same meaning in each of those sections.
§47523. National aviation noise policy
(a)
(b)
(1) the ability of air carriers to achieve capacity growth consistent with the projected rate of growth for the airline industry;
(2) the impact of competition in the airline and air cargo industries;
(3) the impact on nonhub and small community air service; and
(4) the impact on new entry into the airline industry.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1288.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47523 | 49 App.:2152. | Nov. 5, 1990, Pub. L. 101–508, §9303, 104 Stat. 1388–378. |
In this section, the text of 49 App.:2152(c) is omitted as executed.
In subsection (a), the words “(hereinafter in this chapter referred to as the ‘Secretary’)” are omitted because of the restatement. The words “this subchapter” (the first time they appear) are substituted for “the findings, determinations, and provisions of this chapter” to eliminate unnecessary words.
Subsection (b) is tabulated for clarity.
§47524. Airport noise and access restriction review program
(a)
(b)
(1) an analysis of the anticipated or actual costs and benefits of the existing or proposed restriction;
(2) a description of alternative restrictions;
(3) a description of the alternative measures considered that do not involve aircraft restrictions; and
(4) a comparison of the costs and benefits of the alternative measures to the costs and benefits of the proposed restriction.
(c)
(A) a restriction on noise levels generated on either a single event or cumulative basis;
(B) a restriction on the total number of stage 3 aircraft operations;
(C) a noise budget or noise allocation program that would include stage 3 aircraft;
(D) a restriction on hours of operations; and
(E) any other restriction on stage 3 aircraft.
(2) Not later than 180 days after the Secretary receives an airport or aircraft operator's request for approval of an airport noise or access restriction on the operation of a stage 3 aircraft, the Secretary shall approve or disapprove the restriction. The Secretary may approve the restriction only if the Secretary finds on the basis of substantial evidence that—
(A) the restriction is reasonable, nonarbitrary, and nondiscriminatory;
(B) the restriction does not create an unreasonable burden on interstate or foreign commerce;
(C) the restriction is not inconsistent with maintaining the safe and efficient use of the navigable airspace;
(D) the restriction does not conflict with a law or regulation of the United States;
(E) an adequate opportunity has been provided for public comment on the restriction; and
(F) the restriction does not create an unreasonable burden on the national aviation system.
(3) Paragraphs (1) and (2) of this subsection do not apply if the Administrator of the Federal Aviation Administration, before November 5, 1990, has formed a working group (outside the process established by part 150 of title 14, Code of Federal Regulations) with a local airport operator to examine the noise impact of air traffic control procedure changes at the airport. However, if an agreement on noise reductions at that airport is made between the airport proprietor and one or more air carriers or foreign air carriers that constitute a majority of the carrier use of the airport, this paragraph applies only to a local action to enforce the agreement.
(4) The Secretary may reevaluate an airport noise or access restriction previously agreed to or approved under this subsection on request of an aircraft operator able to demonstrate to the satisfaction of the Secretary that there has been a change in the noise environment of the affected airport that justifies a reevaluation. The Secretary shall establish by regulation procedures for conducting a reevaluation. A reevaluation—
(A) shall be based on the criteria in paragraph (2) of this subsection; and
(B) may be conducted only after 2 years after a decision under paragraph (2) of this subsection has been made.
(d)
(1) a local action to enforce a negotiated or executed airport noise or access agreement between the airport operator and the aircraft operators in effect on November 5, 1990;
(2) a local action to enforce a negotiated or executed airport noise or access restriction agreed to by the airport operator and the aircraft operators before November 5, 1990;
(3) an intergovernmental agreement including an airport noise or access restriction in effect on November 5, 1990;
(4) a subsequent amendment to an airport noise or access agreement or restriction in effect on November 5, 1990, that does not reduce or limit aircraft operations or affect aircraft safety;
(5)(A) an airport noise or access restriction adopted by an airport operator not later than October 1, 1990, and stayed as of October 1, 1990, by a court order or as a result of litigation, if any part of the restriction is subsequently allowed by a court to take effect; or
(B) a new restriction imposed by an airport operator to replace any part of a restriction described in subclause (A) of this clause that is disallowed by a court, if the new restriction would not prohibit aircraft operations in effect on November 5, 1990; or
(6) a local action that represents the adoption of the final part of a program of a staged airport noise or access restriction if the initial part of the program was adopted during 1988 and was in effect on November 5, 1990.
(e)
(1) agreed to by the airport proprietor and aircraft operators;
(2) approved by the Secretary as required by subsection (c)(1) of this section; or
(3) rescinded.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1288.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47524(a) | 49 App.:2153(a)(1). | Nov. 5, 1990, Pub. L. 101–508, §9304(a)(1)– (2)(C), (3)–(g), 104 Stat. 1388–379. |
| 47524(b) | 49 App.:2153(a)(2)(A), (c). | |
| 47524(c)(1) | 49 App.:2153(a)(2)(B), (b). | |
| 47524(c)(2) | 49 App.:2153(d). | |
| 47524(c)(3) | 49 App.:2153(a)(2)(D). | Nov. 5, 1990, Pub. L. 101–508, §9304(a)(2)(D), 104 Stat. 1388–380; Oct. 31, 1992, Pub. L. 102–581, §136(a), 106 Stat. 4889. |
| 47524(c)(4) | 49 App.:2153(f), (g). | |
| 47524(d) | 49 App.:2153(a)(2)(C). | |
| 47524(e) | 49 App.:2153(e). |
In subsection (a), the words “shall provide for establishing” are substituted for “shall require the establishment . . . of” as being more appropriate. The words “in accordance with the provisions of this section” are omitted as surplus.
In subsection (b), the words “proposed after October 1, 1990” are substituted for 49 App.:2153(a)(2)(A) to eliminate unnecessary words.
In subsection (c)(1), before clause (A), the words “not in effect on October 1, 1990” are substituted for 49 App.:2153(a)(2)(B) to eliminate unnecessary words. In clause (B), the words “direct or indirect” are omitted as surplus.
In subsection (c)(2)(A)–(D) and (F), the word “proposed” is omitted as surplus. In clause (D), the word “existing” is omitted as surplus.
In subsection (c)(4), the words “that justifies a reevaluation” are substituted for “and that a review and reevaluation . . . of the previously approved or agreed to noise restriction is therefore justified” to eliminate unnecessary words.
In subsection (d)(6), the words “calendar year” are omitted as surplus.
§47525. Decision about airport noise and access restrictions on certain stage 2 aircraft
The Secretary of Transportation shall conduct a study and decide on the application of section 47524(a)–(d) of this title to airport noise and access restrictions on the operation of stage 2 aircraft with a maximum weight of not more than 75,000 pounds. In making the decision, the Secretary shall consider—
(1) noise levels produced by those aircraft relative to other aircraft;
(2) the benefits to general aviation and the need for efficiency in the national air transportation system;
(3) the differences in the nature of operations at airports and the areas immediately surrounding the airports;
(4) international standards and agreements on aircraft noise; and
(5) other factors the Secretary considers necessary.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1291.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47525 | 49 App.:2154. | Nov. 5, 1990, Pub. L. 101–508, §9305, 104 Stat. 1388–382. |
In this section, before clause (1), the words “conduct a study and decide on” are substituted for “determine by a study” for clarity. The words “with a maximum weight of not more than” are substituted for “weighing less than” for consistency with sections 47528 and 47529 of the revised title.
§47526. Limitations for noncomplying airport noise and access restrictions
Unless the Secretary of Transportation is satisfied that an airport is not imposing an airport noise or access restriction not in compliance with this subchapter, the airport may not—
(1) receive money under subchapter I of chapter 471 of this title; or
(2) impose a passenger facility fee under section 40117 of this title.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1291.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47526 | 49 App.:2156. | Nov. 5, 1990, Pub. L. 101–508, §9307, 104 Stat. 1388–382. |
In this section, before clause (1), the words “Under no conditions” are omitted as surplus. In clause (2), the words “or collect” are omitted as surplus.
§47527. Liability of the United States Government for noise damages
When a proposed airport noise or access restriction is disapproved under this subchapter, the United States Government shall assume liability for noise damages only to the extent that a taking has occurred as a direct result of the disapproval. The United States Court of Federal Claims has exclusive jurisdiction of a civil action under this section.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1291.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47527 | 49 App.:2155. | Nov. 5, 1990, Pub. L. 101–508, §9306, 104 Stat. 1388–382. |
The words “under this subchapter” are added for clarity. The words “has exclusive jurisdiction of a civil action under this section” are substituted for “Action for the resolution of such a case shall be brought solely in” for clarity and consistency. The words “Court of Federal Claims” are substituted for “Claims Court” to reflect the change of name of the Court by section 902(b) of the Federal Courts Administration Act of 1992 (Public Law 102–572, 106 Stat. 4516).
§47528. Prohibition on operating certain aircraft not complying with stage 3 noise levels
(a)
(b)
(2) The Secretary may grant a waiver under this subsection if the Secretary finds it would be in the public interest. In making the finding, the Secretary shall consider the effect of granting the waiver on competition in the air carrier industry and on small community air service.
(3) A waiver granted under this subsection may not permit the operation of stage 2 aircraft in the United States after December 31, 2003.
(c)
(1) a detailed economic analysis of the impact of the phaseout date for stage 2 aircraft on competition in the airline industry, including—
(A) the ability of air carriers to achieve capacity growth consistent with the projected rate of growth for the airline industry;
(B) the impact of competition in the airline and air cargo industries;
(C) the impact on nonhub and small community air service; and
(D) the impact on new entry into the airline industry; and
(2) an analysis of the impact of aircraft noise on individuals residing near airports.
(d)
(1) each air carrier shall submit to the Secretary an annual report on the progress the carrier is making toward complying with the requirements of this section and regulations prescribed under this section; and
(2) the Secretary shall submit to Congress an annual report on the progress being made toward that compliance.
(e)
(2)(A) An air carrier or foreign air carrier may not operate in Hawaii, or between a place in Hawaii and a place outside the 48 contiguous States, a greater number of stage 2 aircraft with a maximum weight of more than 75,000 pounds than it operated in Hawaii, or between a place in Hawaii and a place outside the 48 contiguous States, on November 5, 1990.
(B) An air carrier that provided turnaround service in Hawaii on November 5, 1990, using stage 2 aircraft with a maximum weight of more than 75,000 pounds may include in the number of aircraft authorized under subparagraph (A) of this paragraph all stage 2 aircraft with a maximum weight of more than 75,000 pounds that were owned or leased by that carrier on that date, whether or not the aircraft were operated by the carrier on that date.
(3) An air carrier may provide turnaround service in Hawaii using stage 2 aircraft with a maximum weight of more than 75,000 pounds only if the carrier provided the service on November 5, 1990.
(4) An air carrier operating stage 2 aircraft under this subsection may transport stage 2 aircraft to or from the 48 contiguous States on a nonrevenue basis in order—
(A) to perform maintenance (including major alterations) or preventative maintenance on aircraft operated, or to be operated, within the limitations of paragraph (2)(B); or
(B) conduct operations within the limitations of paragraph (2)(B).
(f)
(1)
(A) sell, lease, or use the aircraft outside the contiguous 48 States;
(B) scrap the aircraft;
(C) obtain modifications to the aircraft to meet stage 3 noise levels;
(D) perform scheduled heavy maintenance or significant modifications on the aircraft at a maintenance facility located in the contiguous 48 States;
(E) deliver the aircraft to an operator leasing the aircraft from the owner or return the aircraft to the lessor;
(F) prepare or park or store the aircraft in anticipation of any of the activities described in subparagraphs (A) through (E); or
(G) divert the aircraft to an alternative airport in the contiguous 48 States on account of weather, mechanical, fuel, air traffic control, or other safety reasons while conducting a flight in order to perform any of the activities described in subparagraphs (A) through (F).
(2)
(g)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1291; Pub. L. 106–113, div. B, §1000(a)(5) [title II, §231(a), (b)(1)], Nov. 29, 1999, 113 Stat. 1536, 1501A–300, 1501A–301; Pub. L. 106–181, title VII, §721(a)–(c)(1), (d), Apr. 5, 2000, 114 Stat. 164, 165.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47528(a) | 49 App.:2157(a). | Nov. 5, 1990, Pub. L. 101–508, §9308(a)–(c), (g), 104 Stat. 1388–382, 1388–383. |
| 47528(b) | 49 App.:2157(b). | |
| 47528(c) | 49 App.:2157(c). | |
| 47528(d) | 49 App.:2157(g). | |
| 47528(e) | 49 App.:2157(i). | Nov. 5, 1990, Pub. L. 101–508, 104 Stat. 1388–382, §9308(i); added Oct. 28, 1991, Pub. L. 102–143, §349(b), 105 Stat. 949. |
In subsection (e), the words “the State of” are omitted as surplus. The words “place” and “places” are substituted for “point” and “points” for consistency in title the revised title.
In subsection (e)(1), the words “the operation of” are omitted as surplus. The words “places only in Hawaii” are substituted for “two or more points, all of which are within the State of Hawaii” to eliminate unnecessary words.
References in Text
The date of the enactment of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century, referred to in subsec. (b)(1), is the date of enactment of Pub. L. 106–181, which was approved Apr. 5, 2000.
The date of the enactment of this subsection, referred to in subsec. (f)(2), is the date of enactment of Pub. L. 106–181, which was approved Apr. 5, 2000.
Amendments
2000—Pub. L. 106–181, §721(a), repealed Pub. L. 106–113, §1000(a)(5) [title II, §231]. See 1999 Amendment notes and Construction of 2000 Amendment note below.
Subsec. (a). Pub. L. 106–181, §721(b)(1), (c)(1), substituted “subsection (b) or (f)” for “subsection (b)” and inserted “(for which an airworthiness certificate other than an experimental certificate has been issued by the Administrator)” after “civil subsonic turbojet”.
Subsec. (b)(1). Pub. L. 106–181, §721(d), in first sentence, inserted “or foreign air carrier” after “air carrier”, and, in last sentence, inserted “or, in the case of a foreign air carrier, the 15th day following the date of the enactment of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century” after “January 1, 1999,”.
Subsec. (e)(4). Pub. L. 106–181, §721(b)(2), added par. (4).
Subsecs. (f), (g). Pub. L. 106–181, §721(b)(3), added subsecs. (f) and (g).
1999—Pub. L. 106–113, §1000(a)(5) [title II, §231(a)], which directed the amendment of section 47528 by substituting “subsection (b) or (f)” for “subsection (b)” in subsec. (a), adding a par. (4) to subsec. (e), and adding subsec. (f) at the end, without specifying the Code title to be amended, was repealed by Pub. L. 106–181, §721(a). See Construction of 2000 Amendment note below.
Subsec. (a). Pub. L. 106–113, §1000(a)(5) [title II, §231(b)(1)], which inserted “(for which an airworthiness certificate other than an experimental certificate has been issued by the Administrator)” after “civil subsonic turbojet”, was repealed by Pub. L. 106–181, §721(a). See Construction of 2000 Amendment note below.
Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
Regulations
Pub. L. 106–181, title VII, §721(c)(2), Apr. 5, 2000, 114 Stat. 165, provided that: “Regulations contained in title 14, Code of Federal Regulations, that implement section 47528 of title 49, United States Code, and related provisions shall be deemed to incorporate the amendment made by paragraph (1) [amending this section] on the date of the enactment of this Act [Apr. 5, 2000].”
Construction of 2000 Amendment
Pub. L. 106–181, title VII, §721(a), Apr. 5, 2000, 114 Stat. 164, provided that: “Section 231 of H.R. 3425 of the 106th Congress, as enacted into law by section 1000(a)(5) of Public Law 106–113 [amending this section], is repealed and the provisions of law amended by such section shall be read as if such section had not been enacted into law.”
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions in subsec. (d)(2) of this section relating to the requirement that the Secretary submit an annual report to Congress, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and the 7th item on page 132 of House Document No. 103–7.
§47529. Nonaddition rule
(a)
(1) complies with the stage 3 noise levels; or
(2) was purchased by the person importing the aircraft into the United States under a legally binding contract made before November 5, 1990.
(b)
(c)
(1) was owned on November 5, 1990, by—
(A) a corporation, trust, or partnership organized under the laws of the United States or a State (including the District of Columbia);
(B) an individual who is a citizen of the United States; or
(C) an entity that is owned or controlled by a corporation, trust, partnership, or individual described in subclause (A) or (B) of this clause; and
(2) enters the United States not later than 6 months after the expiration of a lease agreement (including any extension) between an owner described in clause (1) of this subsection and a foreign carrier.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1292.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47529 | 49 App.:2158. | Nov. 5, 1990, Pub. L. 101–508, §9309, 104 Stat. 1388–384; Oct. 31, 1992, Pub. L. 102–581, §136(b), 106 Stat. 4889. |
§47530. Nonapplication of sections 47528(a)–(d) and 47529 to aircraft outside the 48 contiguous States
Sections 47528(a)–(d) and 47529 of this title do not apply to aircraft used only to provide air transportation outside the 48 contiguous States. A civil subsonic turbojet aircraft with a maximum weight of more than 75,000 pounds that is imported into a noncontiguous State or a territory or possession of the United States after November 4, 1990, may be used to provide air transportation in the 48 contiguous States only if the aircraft complies with the stage 3 noise levels.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1293.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47530 | 49 App.:2157(d). | Nov. 5, 1990, Pub. L. 101–508, §9308(d), 104 Stat. 1388–383; Oct. 28, 1991, Pub. L. 102–143, §349(a), 105 Stat. 949. |
§47531. Penalties for violating sections 47528–47530
A person violating section 47528, 47529, or 47530 of this title or a regulation prescribed under any of those sections is subject to the same civil penalties and procedures under chapter 463 of this title as a person violating section 44701(a) or (b) or any of sections 44702–44716 of this title.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1293; Pub. L. 103–429, §6(73), Oct. 31, 1994, 108 Stat. 4388.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47531 | 49 App.:2157(e). | Nov. 5, 1990, Pub. L. 101–508, §9308(e), 104 Stat. 1388–383. |
Pub. L. 103–429
This amends 49:47531 to correct a grammatical error and erroneous cross-references.
Amendments
1994—Pub. L. 103–429 substituted “section 47528” for “sections 47528” and inserted “any of” before “those” and “any of sections” before “44702–44716”.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
§47532. Judicial review
An action taken by the Secretary of Transportation under any of sections 47528–47531 of this title is subject to judicial review as provided under section 46110 of this title.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1293; Pub. L. 103–429, §6(74), Oct. 31, 1994, 108 Stat. 4388.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47532 | 49 App.:2157(f). | Nov. 5, 1990, Pub. L. 101–508, §9308(f), 104 Stat. 1388–383. |
Pub. L. 103–429
This amends 49:47532 to correct an erroneous cross-reference.
Amendments
1994—Pub. L. 103–429 inserted “any of” before “sections”.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
§47533. Relationship to other laws
Except as provided by section 47524 of this title, this subchapter does not affect—
(1) law in effect on November 5, 1990, on airport noise or access restrictions by local authorities;
(2) any proposed airport noise or access restriction at a general aviation airport if the airport proprietor has formally initiated a regulatory or legislative process before October 2, 1990; or
(3) the authority of the Secretary of Transportation to seek and obtain legal remedies the Secretary considers appropriate, including injunctive relief.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1293.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47533 | 49 App.:2153(h). | Nov. 5, 1990, Pub. L. 101–508, §9304(h), 104 Stat. 1388–382. |
PART C—FINANCING
CHAPTER 481—AIRPORT AND AIRWAY TRUST FUND AUTHORIZATIONS
Amendments
2003—Pub. L. 108–176, title I, §104(b), Dec. 12, 2003, 117 Stat. 2497, added item 48114.
2000—Pub. L. 106–181, title I, §§107(b), 108(b), Apr. 5, 2000, 114 Stat. 73, 74, added items 48112 and 48113.
1996—Pub. L. 104–264, title I, §§102(b)(2), 103(d)(2), title II, §275(b), Oct. 9, 1996, 110 Stat. 3216, 3217, 3247, inserted “and equipment” after “facilities” in item 48101, substituted “Operations and maintenance” for “Certain direct costs and joint air navigation services” in item 48104, and added item 48111.
§48101. Air navigation facilities and equipment
(a)
(1) $3,138,000,000 for fiscal year 2004;
(2) $2,993,000,000 for fiscal year 2005;
(3) $3,053,000,000 for fiscal year 2006; and
(4) $3,110,000,000 for fiscal year 2007.
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1294; Pub. L. 103–305, title I, §102(a), Aug. 23, 1994, 108 Stat. 1571; Pub. L. 104–264, title I, §102(a), (b)(1), Oct. 9, 1996, 110 Stat. 3216; Pub. L. 106–6, §3, Mar. 31, 1999, 113 Stat. 10; Pub. L. 106–181, title I, §102, Apr. 5, 2000, 114 Stat. 65; Pub. L. 108–176, title I, §102, Dec. 12, 2003, 117 Stat. 2494.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 48101(a) | 49 App.:2202(a)(24). | Sept. 3, 1982, Pub. L. 97–248, §503(a)(24), 96 Stat. 674; Dec. 30, 1987, Pub. L. 100–223, §103(c)(1), 101 Stat. 1488. |
| 49 App.:2205(a)(1) (1st sentence). | Sept. 3, 1982, Pub. L. 97–248, §506(a)(1), 96 Stat. 677; restated Dec. 30, 1987, Pub. L. 100–223, §105(a)(2), 101 Stat. 1490; Nov. 5, 1990, Pub. L. 101–508, §9105(b), 104 Stat. 1388–355; Oct. 31, 1992, Pub. L. 102–581, §103(a), 106 Stat. 4877. | |
| 48101(b) | 49 App.:2202(a)(24). | |
| 49 App.:2205(a)(2) (1st sentence). | Sept. 3, 1982, Pub. L. 97–248, §506(a)(2), 96 Stat. 677; Dec. 30, 1987, Pub. L. 100–223, §105(a)(2), 101 Stat. 1490; restated Oct. 31, 1992, Pub. L. 102–581, §103(b), 106 Stat. 4877. | |
| 48101(c) | 49 App.:2205(a)(1) (last sentence), (2) (last sentence). |
In subsection (a), the words “to the Secretary of Transportation” are added for clarity and consistency in this chapter. The words “for fiscal years beginning after September 30, 1990” and “$2,500,000,000 for fiscal year 1991” are omitted as obsolete.
Amendments
2003—Subsec. (a)(1) to (5). Pub. L. 108–176, §102(1), added pars. (1) to (4) and struck out formers par. (1) to (5) which read as follows:
“(1) $2,131,000,000 for fiscal year 1999.
“(2) $2,689,000,000 for fiscal year 2000.
“(3) $2,656,765,000 for fiscal year 2001.
“(4) $2,914,000,000 for fiscal year 2002.
“(5) $2,981,022,000 for fiscal year 2003.”
Subsecs. (b) to (e). Pub. L. 108–176, §102(2), (3), added subsecs. (c) to (e), redesignated former subsec. (c) as (b), and struck out former subsecs. (b), (d) and (e), which related, respectively, to major airway capital investment plan changes, universal access systems, and the Alaska National Air Space Interfacility Communications System.
Subsec. (f). Pub. L. 108–176, §102(4), struck out “for fiscal years beginning after September 30, 2000” after “appropriated under subsection (a)” and inserted “may be used” after “may be necessary”.
Subsecs. (h), (i). Pub. L. 108–176, §102(5), added subsecs. (h) and (i).
2000—Subsec. (a). Pub. L. 106–181, §102(a), added pars. (1) to (5) and struck out former pars. (1) to (3) which read as follows:
“(1) $2,068,000,000 for fiscal year 1997.
“(2) $2,129,000,000 for fiscal year 1998.
“(3) $2,131,000,000 for fiscal year 1999.”
Subsec. (d). Pub. L. 106–181, §102(b), added subsec. (d).
Subsec. (e). Pub. L. 106–181, §102(c), added subsec. (e).
Subsec. (f). Pub. L. 106–181, §102(d), added subsec. (f).
Subsec. (g). Pub. L. 106–181, §102(e), added subsec. (g).
1999—Subsec. (a)(3). Pub. L. 106–6 added par. (3).
1996—Pub. L. 104–264, §102(b)(1), inserted “and equipment” after “facilities” in section catchline.
Subsec. (a). Pub. L. 104–264, §102(a), added pars. (1) and (2) and struck out former pars. (1) to (4) which read as follows:
“(1) For the fiscal years ending September 30, 1991–1993, $8,200,000,000.
“(2) For the fiscal years ending September 30, 1991–1994, $10,724,000,000.
“(3) For the fiscal years ending September 30, 1991–1995, $13,394,000,000.
“(4) For the fiscal years ending September 30, 1991–1996, $16,129,000,000.”
1994—Subsec. (a)(1). Pub. L. 103–305, §102(a)(1), substituted “For” for “for”.
Subsec. (a)(2). Pub. L. 103–305, §102(a)(2), substituted “For” for “for” and “$10,724,000,000” for “$11,100,000,000”.
Subsec. (a)(3). Pub. L. 103–305, §102(a)(3), substituted “For” for “for” and “$13,394,000,000” for “$14,000,000,000”.
Subsec. (a)(4). Pub. L. 103–305, §102(a)(4), added par. (4).
Effective Date of 2003 Amendment
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
Effective Date of 1996 Amendment
Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title.
Facilities and Equipment Reports
Pub. L. 108–176, title I, §184, Dec. 12, 2003, 117 Stat. 2517, provided that:
“(a)
“(1) the 10 largest programs funded under section 48101(a) of title 49, United States Code;
“(2) any changes in the budget for such programs;
“(3) the program schedule; and
“(4) technical risks associated with the programs.
“(b)
Funding for Aviation Programs
Pub. L. 106–181, title I, §106(a)–(c), Apr. 5, 2000, 114 Stat. 72, 73, which related to budget resources made available from the Airport and Airway Trust Fund through fiscal year 2003, was repealed by Pub. L. 108–176, title I, §104(c), Dec. 12, 2003, 117 Stat. 2497.
§48102. Research and development
(a)
(1) for fiscal year 1995—
(A) $7,673,000 for management and analysis projects and activities;
(B) $80,901,000 for capacity and air traffic management technology projects and activities;
(C) $39,242,000 for communications, navigation, and surveillance projects and activities;
(D) $2,909,000 for weather projects and activities;
(E) $8,660,000 for airport technology projects and activities;
(F) $51,004,000 for aircraft safety technology projects and activities;
(G) $36,604,000 for system security technology projects and activities;
(H) $26,484,000 for human factors and aviation medicine projects and activities;
(I) $8,124,000 for environment and energy projects and activities; and
(J) $5,199,000 for innovative/cooperative research projects and activities;
(2) for fiscal year 1996—
(A) $8,056,000 for management and analysis projects and activities;
(B) $84,946,000 for capacity and air traffic management technology projects and activities;
(C) $41,204,000 for communications, navigation, and surveillance projects and activities;
(D) $3,054,000 for weather projects and activities;
(E) $9,093,000 for airport technology projects and activities;
(F) $53,554,000 for aircraft safety technology projects and activities;
(G) $38,434,000 for system security technology projects and activities;
(H) $27,808,000 for human factors and aviation medicine projects and activities;
(I) $8,532,000 for environment and energy projects and activities; and
(J) $5,459,000 for innovative/cooperative research projects and activities;
(3) for fiscal year 1997—
(A) $13,660,000 for system development and infrastructure projects and activities;
(B) $34,889,000 for capacity and air traffic management technology projects and activities;
(C) $19,000,000 for communications, navigation, and surveillance projects and activities;
(D) $13,000,000 for weather projects and activities;
(E) $5,200,000 for airport technology projects and activities;
(F) $36,504,000 for aircraft safety technology projects and activities;
(G) $57,055,000 for system security technology projects and activities;
(H) $23,504,000 for human factors and aviation medicine projects and activities;
(I) $3,600,000 for environment and energy projects and activities; and
(J) $2,000,000 for innovative/cooperative research projects and activities;
(4) for fiscal year 1998, $226,800,000, including—
(A) $16,379,000 for system development and infrastructure projects and activities;
(B) $27,089,000 for capacity and air traffic management technology projects and activities;
(C) $23,362,000 for communications, navigation, and surveillance projects and activities;
(D) $16,600,000 for weather projects and activities;
(E) $7,854,000 for airport technology projects and activities;
(F) $49,202,000 for aircraft safety technology projects and activities;
(G) $53,759,000 for system security technology projects and activities;
(H) $26,550,000 for human factors and aviation medicine projects and activities;
(I) $2,891,000 for environment and energy projects and activities; and
(J) $3,114,000 for innovative/cooperative research projects and activities, of which $750,000 shall be for carrying out the grant program established under subsection (h);
(5) for fiscal year 1999, $229,673,000;
(6) for fiscal year 2000, $224,000,000, including—
(A) $17,269,000 for system development and infrastructure projects and activities;
(B) $33,042,500 for capacity and air traffic management technology projects and activities;
(C) $11,265,400 for communications, navigation, and surveillance projects and activities;
(D) $19,300,000 for weather projects and activities;
(E) $6,358,200 for airport technology projects and activities;
(F) $44,457,000 for aircraft safety technology projects and activities;
(G) $53,218,000 for system security technology projects and activities;
(H) $26,207,000 for human factors and aviation medicine projects and activities;
(I) $3,481,000 for environment and energy projects and activities; and
(J) $2,171,000 for innovative/cooperative research projects and activities, of which $750,000 shall be for carrying out subsection (h);
(7) for fiscal year 2001, $237,000,000;
(8) for fiscal year 2002, $249,000,000;
(9) for fiscal year 2004, $346,317,000, including—
(A) $65,000,000 for Improving Aviation Safety;
(B) $24,000,000 for Weather Safety Research;
(C) $27,500,000 for Human Factors and Aeromedical Research;
(D) $30,000,000 for Environmental Research and Development, of which $20,000,000 shall be for research activities related to reducing community exposure to civilian aircraft noise or emissions;
(E) $7,000,000 for Research Mission Support;
(F) $10,000,000 for the Airport Cooperative Research Program;
(G) $1,500,000 for carrying out subsection (h) of this section;
(H) $42,800,000 for Advanced Technology Development and Prototyping;
(I) $30,300,000 for Safe Flight 21;
(J) $90,800,000 for the Center for Advanced Aviation System Development;
(K) $9,667,000 for Airports Technology-Safety; and
(L) $7,750,000 for Airports Technology-Efficiency;
(10) for fiscal year 2005, $356,192,000, including—
(A) $65,705,000 for Improving Aviation Safety;
(B) $24,260,000 for Weather Safety Research;
(C) $27,800,000 for Human Factors and Aeromedical Research;
(D) $30,109,000 for Environmental Research and Development, of which $20,000,000 shall be for research activities related to reducing community exposure to civilian aircraft noise or emissions;
(E) $7,076,000 for Research Mission Support;
(F) $10,000,000 for the Airport Cooperative Research Program;
(G) $1,650,000 for carrying out subsection (h) of this section;
(H) $43,300,000 for Advanced Technology Development and Prototyping;
(I) $31,100,000 for Safe Flight 21;
(J) $95,400,000 for the Center for Advanced Aviation System Development;
(K) $2,200,000 for Free Flight Phase 2;
(L) $9,764,000 for Airports Technology-Safety; and
(M) $7,828,000 for Airports Technology-Efficiency;
(11) for fiscal year 2006, $352,157,000, including—
(A) $66,447,000 for Improving Aviation Safety;
(B) $24,534,000 for Weather Safety Research;
(C) $28,114,000 for Human Factors and Aeromedical Research;
(D) $30,223,000 for Environmental Research and Development, of which $20,000,000 shall be for research activities related to reducing community exposure to civilian aircraft noise or emissions;
(E) $7,156,000 for Research Mission Support;
(F) $10,000,000 for the Airport Cooperation Research Program;
(G) $1,815,000 for carrying out subsection (h) of this section;
(H) $42,200,000 for Advanced Technology Development and Prototyping;
(I) $23,900,000 for Safe Flight 21;
(J) $100,000,000 for the Center for Advanced Aviation System Development;
(K) $9,862,000 for Airports Technology-Safety; and
(L) $7,906,000 for Airports Technology-Efficiency; and
(12) for fiscal year 2007, $356,261,000, including—
(A) $67,244,000 for Improving Aviation Safety;
(B) $24,828,000 for Weather Safety Research;
(C) $28,451,000 for Human Factors and Aeromedical Research;
(D) $30,586,000 for Environmental Research and Development, of which $20,000,000 shall be for research activities related to reducing community exposure to civilian aircraft noise or emissions;
(E) $7,242,000 for Research Mission Support;
(F) $10,000,000 for the Airport Cooperation Research Program;
(G) $1,837,000 for carrying out subsection (h) of this section;
(H) $42,706,000 for Advanced Technology Development and Prototyping;
(I) $24,187,000 for Safe Flight 21;
(J) $101,200,000 for the Center for Advanced Aviation System Development;
(K) $9,980,000 for Airports Technology-Safety; and
(L) $8,000,000 for Airports Technology-Efficiency.
(b)
(2) At least 15 percent of the amount appropriated under subsection (a) of this section shall be for long-term research projects.
(3) At least 3 percent of the amount appropriated under subsection (a) of this section shall be available to the Administrator of the Federal Aviation Administration to make grants under section 44511 of this title.
(c)
(2) The Secretary may transfer more than 10 percent of an authorized amount to or from a category only after—
(A) submitting a written explanation of the proposed transfer to the Committees on Science and Appropriations of the House of Representatives and the Committees on Commerce, Science, and Transportation and Appropriations of the Senate; and
(B) 30 days have passed after the explanation is submitted or each Committee notifies the Secretary in writing that it does not object to the proposed transfer.
(d)
(2) The Administrator shall submit to the Committees on Science and Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on expenditures made under paragraph (1) of this subsection for each fiscal year. The report shall be submitted not later than 60 days after the end of the fiscal year.
(e)
(f)
(h) 1
(1)
(A) research projects to be carried out at primarily undergraduate institutions and technical colleges;
(B) research projects that combine research at primarily undergraduate institutions and technical colleges with other research supported by the Federal Aviation Administration;
(C) research on future training requirements on projected changes in regulatory requirements for aircraft maintenance and power plant licensees; or
(D) research on the impact of new technologies and procedures, particularly those related to aircraft flight deck and air traffic management functions, on training requirements for pilots and air traffic controllers.
(2)
(3)
(A) the relevance of the proposed research to technical research needs identified by the Federal Aviation Administration;
(B) the scientific and technical merit of the proposed research; and
(C) the potential for participation by undergraduate students in the proposed research.
(4)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1294; Pub. L. 103–305, title III, §302, Aug. 23, 1994, 108 Stat. 1589; Pub. L. 104–264, title XI, §§1102, 1103, Oct. 9, 1996, 110 Stat. 3278; Pub. L. 104–287, §5(9), (74), Oct. 11, 1996, 110 Stat. 3389, 3396; Pub. L. 105–155, §§2, 3, Feb. 11, 1998, 112 Stat. 5; Pub. L. 106–181, title IX, §901, Apr. 5, 2000, 114 Stat. 194; Pub. L. 108–176, title VII, §§701, 707, Dec. 12, 2003, 117 Stat. 2574, 2582.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 48102(a) | 49 App.:2202(a)(24). | Sept. 3, 1982, Pub. L. 97–248, §503(a)(24), 96 Stat. 674; Dec. 30, 1987, Pub. L. 100–223, §103(c)(1), 101 Stat. 1488. |
| 49 App.:2205(b)(2) (1st sentence). | Sept. 3, 1982, Pub. L. 97–248, §506(b)(2), 96 Stat. 678; restated Dec. 30, 1987, Pub. L. 100–223, §105(b)(1), 101 Stat. 1490; Nov. 3, 1988, Pub. L. 100–591, §7, 102 Stat. 3014; Nov. 5, 1990, Pub. L. 101–508, §9202, 104 Stat. 1388–372; Oct. 31, 1992, Pub. L. 102–581, §302, 106 Stat. 4895. | |
| 48102(b) | 49 App.:2205(b)(2) (last sentence). | |
| 48102(c) | 49 App.:2205(b)(3). | Sept. 3, 1982, Pub. L. 97–248, §506(b)(3), (5), 96 Stat. 678; restated Dec. 30, 1987, Pub. L. 100–223, §105(b)(1), 101 Stat. 1491. |
| 48102(d) | 49 App.:2205(b)(4). | Sept. 30, 1982, Pub. L. 97–248, §506(b)(4), 96 Stat. 678; restated Dec. 30, 1987, Pub. L. 100–223, §105(b)(1), 101 Stat. 1491; Nov. 5, 1990, Pub. L. 101–508, §9203, 104 Stat. 1388–373. |
| 48102(e) | 49 App.:1353 (note). | Nov. 3, 1988, Pub. L. 100–591, §8(d), 102 Stat. 3016; Nov. 17, 1988, Pub. L. 100–685, §604, 102 Stat. 4103. |
| 48102(f) | 49 App.:2205(b)(5). |
In subsections (a) and (b), as to applicability of section 305(b) of the Airport and Airway Safety, Capacity, Noise Improvement, and Intermodal Transportation Act of 1992 (Pub. L. 102–581, 106 Stat. 4896), see section 6(b) of the bill.
In subsection (a)(1), the word “solely” is omitted as surplus. Before clause (1), the words “to the Secretary of Transportation” are added for clarity and consistency in this chapter.
In subsection (d)(1), the words “Notwithstanding any other provision of this subsection” and “in each of fiscal years 1988, 1989, 1990, 1991, and 1992” are omitted as surplus.
In subsection (d)(2), the reference to fiscal years 1988–1992 and the words “by the Administrator for research and development” are omitted as surplus.
References in Text
The date of the enactment of the FAA Research, Engineering, and Development Authorization Act of 1998, referred to in subsec. (h)(2), is the date of enactment of Pub. L. 105–155, which was approved Feb. 11, 1998.
Amendments
2003—Subsec. (a). Pub. L. 108–176, §701(1), substituted “for conducting civil aviation research and development under sections 44504” for “to carry out sections 44504” in introductory provisions.
Subsec. (a)(9) to (12). Pub. L. 108–176, §701(2)–(4), added pars. (9) to (12).
Subsec. (h)(1)(D). Pub. L. 108–176, §707, added subpar. (D).
2000—Subsec. (a)(6) to (8). Pub. L. 106–181 added pars. (6) to (8).
1998—Subsec. (a)(4). Pub. L. 105–155, §2, added par. (4).
Subsec. (a)(4)(J). Pub. L. 105–155, §3(b), inserted “, of which $750,000 shall be for carrying out the grant program established under subsection (h)” after “projects and activities”.
Subsec. (a)(5). Pub. L. 105–155, §2, added par. (5).
Subsec. (h). Pub. L. 105–155, §3(a), added subsec. (h).
1996—Subsec. (a)(3). Pub. L. 104–264, §1102, added par. (3).
Subsec. (b). Pub. L. 104–264, §1103, substituted “
Subsec. (c)(2)(A). Pub. L. 104–287, §5(74), substituted “Committees on Science” for “Committees on Science, Space, and Technology”.
Subsec. (d)(2). Pub. L. 104–287, §5(74), substituted “Committees on Science” for “Committees on Science, Space, and Technology”.
Pub. L. 104–287, §5(9), substituted “Transportation and Infrastructure” for “Public Works and Transportation”.
1994—Subsec. (a)(1), (2). Pub. L. 103–305 inserted pars. (1) and (2) and struck out former pars. (1) and (2) which read as follows:
“(1) for the fiscal year ending September 30, 1993—
“(A) $14,700,000 only for management and analysis projects and activities.
“(B) $87,000,000 only for capacity and air traffic management technology projects and activities.
“(C) $28,000,000 only for communications, navigation, and surveillance projects and activities.
“(D) $7,700,000 only for weather projects and activities.
“(E) $6,800,000 only for airport technology projects and activities.
“(F) $44,000,000 only for aircraft safety technology projects and activities.
“(G) $41,100,000 only for system security technology projects and activities.
“(H) $31,000,000 only for human factors and aviation medicine projects and activities.
“(I) $4,500,000 for environment and energy projects and activities.
“(J) $5,200,000 for innovative and cooperative research projects and activities.
“(2) for the fiscal year ending September 30, 1994, $297,000,000.”
Change of Name
Committee on Science of House of Representatives changed to Committee on Science and Technology of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
Effective Date of 2003 Amendment
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
Effective Date of 1996 Amendment
Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title.
Notices
Pub. L. 105–155, §4, Feb. 11, 1998, 112 Stat. 6, provided that:
“(a)
“(b)
1 So in original. No subsec. (g) has been enacted.
§48103. Airport planning and development and noise compatibility planning and programs
The total amounts which shall be available after September 30, 2003, to the Secretary of Transportation out of the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502) to make grants for airport planning and airport development under section 47104 of this title, airport noise compatibility planning under section 47505(a)(2) of this title, and carrying out noise compatibility programs under section 47504(c) of this title shall be—
(1) $3,400,000,000 for fiscal year 2004;
(2) $3,500,000,000 for fiscal year 2005;
(3) $3,600,000,000 for fiscal year 2006; and
(4) $3,700,000,000 for fiscal year 2007.
Such sums shall remain available until expended.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1296; Pub. L. 103–305, title I, §101(a), Aug. 23, 1994, 108 Stat. 1570; Pub. L. 104–264, title I, §101(a), Oct. 9, 1996, 110 Stat. 3216; Pub. L. 105–277, div. C, title I, §110(b)(1), Oct. 21, 1998, 112 Stat. 2681–587; Pub. L. 106–6, §2(a), Mar. 31, 1999, 113 Stat. 10; Pub. L. 106–31, title VI, §6002(a), May 21, 1999, 113 Stat. 113; Pub. L. 106–59, §1(a), Sept. 29, 1999, 113 Stat. 482; Pub. L. 106–181, title I, §101(a), Apr. 5, 2000, 114 Stat. 65; Pub. L. 108–176, title I, §101(a), Dec. 12, 2003, 117 Stat. 2494.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 48103 | 49 App.:2202(a)(24). | Sept. 3, 1982, Pub. L. 97–248, §503(a)(24), 96 Stat. 674; Dec. 30, 1987, Pub. L. 100–223, §103(c)(1), 101 Stat. 1488. |
| 49 App.:2204(a) (2d sentence). | Sept. 3, 1982, Pub. L. 97–248, §505(a) (2d sentence), 96 Stat. 676; Jan. 6, 1983, Pub. L. 97–424, §426(b)(1)–(5), 96 Stat. 2167; restated Dec. 30, 1987, Pub. L. 100–223, §105(e), 101 Stat. 1493; Nov. 5, 1990, Pub. L. 101–508, §9104(1), 104 Stat. 1388–355; Oct. 31, 1992, Pub. L. 102–581, §102(a), 106 Stat. 4876. |
In this section, references to the aggregate amounts for fiscal years ending before October 1, 1987–1992, are omitted as obsolete. The words “of which $475,000,000 shall be credited to the supplementary discretionary fund established by section 2206(a)(3)(B)” are omitted as executed. In restating section 505(a) (2d sentence) of the Airport and Airway Improvement Act of 1982 (Public Law 97–248, 96 Stat. 676), the cross-reference to the discretionary fund was retained but is incorrect because of the restatement of section 507 of the Airport and Airway Improvement Act of 1982 (Public Law 97–248, 96 Stat. 679) by section 426(a) of the Highway Improvement Act of 1982 (Public Law 97–424, 96 Stat. 2167). See section 47115 of the revised title.
Amendments
2003—Pub. L. 108–176, §101(a)(1), substituted “September 30, 2003” for “September 30, 1998” in introductory provisions.
Pars. (1) to (5). Pub. L. 108–176, §101(a)(2), added pars. (1) to (4) and struck out former pars. (1) to (5) which read as follows:
“(1) $2,410,000,000 for fiscal year 1999;
“(2) $2,475,000,000 for fiscal year 2000;
“(3) $3,200,000,000 for fiscal year 2001;
“(4) $3,300,000,000 for fiscal year 2002; and
“(5) $3,400,000,000 for fiscal year 2003.”
2000—Pub. L. 106–181 substituted “shall be—” along with pars. (1) to (5) and concluding provisions for “shall be $2,410,000,000 for the fiscal year ending September 30, 1999.”
1999—Pub. L. 106–59 substituted “$2,410,000,000 for the fiscal year ending September 30, 1999.” for “$2,050,000,000 for the period beginning October 1, 1998 and ending August 6, 1999.”
Pub. L. 106–31 substituted “$2,050,000,000 for the period beginning October 1, 1998 and ending August 6, 1999.” for “$1,607,000,000 for the 8-month period beginning October 1, 1998.”.
Pub. L. 106–6 substituted “$1,607,000,000 for the 8-month period beginning October 1, 1998.” for “$1,205,000,000 for the six-month period beginning October 1, 1998”.
1998—Pub. L. 105–277 substituted “September 30, 1998” for “September 30, 1996” and “$1,205,000,000 for the six-month period beginning October 1, 1998” for “$2,280,000,000 for fiscal years ending before October 1, 1997, and $4,627,000,000 for fiscal years ending before October 1, 1998.”
1996—Pub. L. 104–264 substituted “September 30, 1996” for “September 30, 1981” and “$2,280,000,000 for fiscal years ending before October 1, 1997, and $4,627,000,000 for fiscal years ending before October 1, 1998.” for “$17,583,500,000 for fiscal years ending before October 1, 1994, $19,744,500,000 for fiscal years ending before October 1, 1995, and $21,958,500,000 for fiscal years ending before October 1, 1996.”
1994—Pub. L. 103–305 substituted “The total amounts which shall be available after September 30, 1981, to the Secretary of Transportation” for “Not more than a total of $15,966,700,000 is available to the Secretary of Transportation for the fiscal years ending September 30, 1982–1993,” and inserted before period at end “shall be $17,583,500,000 for fiscal years ending before October 1, 1994, $19,744,500,000 for fiscal years ending before October 1, 1995, and $21,958,500,000 for fiscal years ending before October 1, 1996”.
Effective Date of 2003 Amendment
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
Effective Date of 1996 Amendment
Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title.
Notice of Grants
Pub. L. 106–181, title I, §159, Apr. 5, 2000, 114 Stat. 90, provided that:
“(a)
“(b)
§48104. Operations and maintenance
(a)
(1) direct costs the Secretary incurs to flight check, operate, and maintain air navigation facilities referred to in section 44502(a)(1)(A) of this title safely and efficiently; and
(2) the costs of services provided under international agreements related to the joint financing of air navigation services assessed against the United States Government.
[(b), (c). Repealed. Pub. L. 106–181, title I, §106(d)(2), Apr. 5, 2000, 114 Stat. 73.]
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1296; Pub. L. 103–305, title I, §102(b), Aug. 23, 1994, 108 Stat. 1571; Pub. L. 104–264, title I, §103(b), (d)(1), Oct. 9, 1996, 110 Stat. 3216; Pub. L. 104–287, §5(87), Oct. 11, 1996, 110 Stat. 3398; Pub. L. 106–181, title I, §106(d), Apr. 5, 2000, 114 Stat. 73.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 48104(a) | 49 App.:2202(a)(24). | Sept. 3, 1982, Pub. L. 97–248, §503(a)(24), 96 Stat. 674; Dec. 30, 1987, Pub. L. 100–223, §103(c)(1), 101 Stat. 1488. |
| 49 App.:2205(c)(1). | Sept. 3, 1982, Pub. L. 97–248, §506(c)(1), 96 Stat. 678; Dec. 30, 1987, Pub. L. 100–223, §105(g)(2)(A), (C), 101 Stat. 1494. | |
| 48104(b) | 49 App.:2205(c)(2). | Sept. 3, 1982, Pub. L. 97–248, §506(c)(2), 96 Stat. 678; Jan. 6, 1983, Pub. L. 97–424, §426(c), 96 Stat. 2168; Dec. 30, 1987, Pub. L. 100–223, §105(g)(2)(B), (C), 101 Stat. 1494. |
| 49 App.:2205(c)(3). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §506(c)(3); added Dec. 30, 1987, Pub. L. 100–223, §105(c)(1), 101 Stat. 1492; Nov. 5, 1990, Pub. L. 101–508, §9107(a), 104 Stat. 1388–355. | |
| 49 App.:2205(c)(4). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §506(c)(4); added Nov. 5, 1990, Pub. L. 101–508, §9107(b), 104 Stat. 1388–355; Oct. 31, 1992, Pub. L. 102–581, §103(c)(1), 106 Stat. 4877. |
In subsection (a), before clause (1), the words “Except as provided in this section” are added for clarity. The words “to the Secretary of Transportation” are added for clarity and consistency in this chapter.
In subsection (b), the text of 49 App.:2205(c)(2) and (3) and the reference to fiscal years 1991 and 1992 in 49 App:2205(c)(4) are omitted as obsolete.
Pub. L. 104–287
This makes a clarifying amendment to the catchline for 49:48104(b).
Amendments
2000—Subsec. (a). Pub. L. 106–181, §106(d)(1), struck out “Except as provided in this section,” before “the balance of the money” in introductory provisions.
Subsecs. (b), (c). Pub. L. 106–181, §106(d)(2), struck out heading and text of subsecs. (b) and (c), which set out funding limitations for fiscal year 1993 and fiscal years 1994 to 1998, respectively.
1996—Pub. L. 104–264, §103(d)(1), substituted “Operations and maintenance” for “Certain direct costs and joint air navigation services” in section catchline.
Subsec. (b). Pub. L. 104–287 substituted “
Subsec. (c). Pub. L. 104–264, §103(b)(1), (2), substituted “1998” for “1996” in heading and “1994 through 1998” for “1994, 1995, and 1996” in introductory provisions.
Subsec. (c)(2)(A). Pub. L. 104–264, §103(b)(3), substituted “72.5 percent” for “70 percent”.
1994—Subsec. (b). Pub. L. 103–305, §102(b)(1), (2), inserted “
Subsec. (c). Pub. L. 103–305, §102(b)(3), added subsec. (c).
Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
Effective Date of 1996 Amendment
Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title.
1 So in original. Probably should be capitalized.
§48105. Weather reporting services
To reimburse the Secretary of Commerce for the cost incurred by the National Oceanic and Atmospheric Administration of providing weather reporting services to the Federal Aviation Administration, the Secretary of Transportation may expend from amounts available under section 48104 of this title not more than the following amounts:
(1) for the fiscal year ending September 30, 1993, $35,596,000.
(2) for the fiscal year ending September 30, 1994, $37,800,000.
(3) for the fiscal year ending September 30, 1995, $39,000,000.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1296.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 48105 | 49 App.:2205(d). | Sept. 3, 1982, Pub. L. 97–248, §506(d), 96 Stat. 678; Dec. 30, 1987, Pub. L. 100–223, §105(c)(2), 101 Stat. 1493; Nov. 5, 1990, Pub. L. 101–508, §§9108, 9204, 104 Stat. 1388–355, 1388–373; Oct. 31, 1992, Pub. L. 102–581, §103(d), 106 Stat. 4877. |
The words “for fiscal years beginning after September 30, 1982” are omitted as obsolete. The words “Secretary of Commerce” are substituted for “National Oceanic and Atmospheric Administration” because of 15:1501. The words “The Federal Aviation Administration with” are omitted as surplus.
§48106. Airway science curriculum grants
Amounts are available from the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502) to carry out section 44510 of this title. The amounts remain available until expended.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1296.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 48106 | 49 App.:1354a (2d sentence). | Nov. 5, 1990, Pub. L. 101–516, (2d sentence in par. under heading “Facilities and Equipment”), 104 Stat. 2160. |
| Oct. 28, 1991, Pub. L. 102–143, (2d sentence in par. under heading “Facilities and Equipment”), 105 Stat. 922. | ||
| Oct. 6, 1992, Pub. L. 102–388, (2d sentence in par. under heading “Facilities and Equipment”), 106 Stat. 1526. |
This section is substituted for the source provisions for clarity and because of the restatement.
§48107. Civil aviation security research and development
After the review under section 44912(b) of this title is completed, necessary amounts may be appropriated to the Secretary of Transportation out of the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502) to make grants under section 44912(a)(4)(A).
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1297.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 48107 | 49 App.:1357(d)(9). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §316(d)(9); added Nov. 16, 1990, Pub. L. 101–604, §107, 104 Stat. 3077. |
The words “to the Secretary of Transportation” are added for clarity and consistency in this chapter.
§48108. Availability and uses of amounts
(a)
(b)
(2) Amounts in the Fund may be appropriated for administrative expenses of the Department of Transportation or a component of the Department only to the extent authorized by section 48104 of this title.
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1297; Pub. L. 103–305, title I, §102(c), Aug. 23, 1994, 108 Stat. 1571; Pub. L. 104–264, title I, §103(c), Oct. 9, 1996, 110 Stat. 3216.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 48108(a) | 49 App.:2202(a)(24). | Sept. 3, 1982, Pub. L. 97–248, §503(a)(24), 96 Stat. 674; Dec. 30, 1987, Pub. L. 100–223, §103(c)(1), 101 Stat. 1488. |
| 49 App.:2205(e)(2). | Sept. 3, 1982, Pub. L. 97–248, §506(e)(2), 96 Stat. 679; Dec. 30, 1987, Pub. L. 100–223, §105(g)(3), 101 Stat. 1494. | |
| 48108(b)(1) | 49 App.:2205(e)(1). | Sept. 3, 1982, Pub. L. 97–248, §506(e)(1), 96 Stat. 679; Dec. 30, 1987, Pub. L. 100–223, §105(d)(1), 101 Stat. 1493. |
| 48108(b)(2) | 49 App.:2205(e)(3). | Sept. 3, 1982, Pub. L. 97–248, §506(e)(3), 96 Stat. 679. |
| 48108(c) | 49 App.:2205(e)(5). | Sept. 3, 1982, Pub. L. 97–248, §506(e)(5), 96 Stat. 679; Dec. 30, 1987, Pub. L. 100–223, §105(d)(2), 101 Stat. 1493; Oct. 31, 1992, Pub. L. 102–581, §103(c)(2), 106 Stat. 4877. |
In subsection (a), the words “for each fiscal year” are omitted as surplus.
In subsection (b)(1), the words “Notwithstanding any other provision of law to the contrary” are omitted as surplus. The reference to “this chapter” is intended to include sections 48106 and 48107 of the revised title for accuracy because the source provisions for those sections were enacted after the source provisions being restated in this section.
In subsection (b)(2), the words “for any fiscal year” are omitted as surplus.
In subsection (c), the words “be construed as” and “the purposes described in” are omitted as surplus.
Amendments
1996—Subsec. (c). Pub. L. 104–264 substituted “1998” for “1996”.
1994—Subsec. (c). Pub. L. 103–305 substituted “1996” for “1995”.
Effective Date of 1996 Amendment
Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title.
§48109. Submission of budget information and legislative recommendations and comments
When the Administrator of the Federal Aviation Administration submits to the Secretary of Transportation, the President, or the Director of the Office of Management and Budget any budget information, legislative recommendation, or comment on legislation about amounts authorized in section 48101 or 48102 of this title, the Administrator concurrently shall submit a copy of the information, recommendation, or comment to the Speaker of the House of Representatives, the Committees on Transportation and Infrastructure and Appropriations of the House, the President of the Senate, and the Committees on Commerce, Science, and Transportation and Appropriations of the Senate.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1297; Pub. L. 104–287, §5(9), Oct. 11, 1996, 110 Stat. 3389.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 48109 | 49 App.:2205(f). | Sept. 3, 1982, Pub. L. 97–248, §506(f), 96 Stat. 679. |
The words “Director of the Office of Management and Budget” are substituted for “Office of Management and Budget” because of 31:502(a). The words “or transmits . . . budget estimate, budget request, supplemental budget estimate, or other” and “thereof” are omitted as surplus.
Amendments
1996—Pub. L. 104–287 substituted “Transportation and Infrastructure” for “Public Works and Transportation”.
§48110. Facilities for advanced training of maintenance technicians for air carrier aircraft
For the fiscal years ending September 30, 1993–1995, amounts necessary to carry out section 44515 of this title may be appropriated to the Secretary of Transportation out of the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502). The amounts remain available until expended.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1297.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 48110 | 49 App.:1354 (note). | Oct. 31, 1992, Pub. L. 102–581, §119(d), 106 Stat. 4884. |
The words “to the Secretary of Transportation” are added for clarity and consistency in this chapter.
§48111. Funding proposals
(a)
(b)
(c)
(1)
(2)
(d)
(1) as an exercise of the rulemaking power of the Senate and as such they are deemed a part of the rules of the Senate and they supersede other rules only to the extent that they are inconsistent therewith; and
(2) with full recognition of the constitutional right of the Senate to change the rules (so far as relating to the procedure of the Senate) at any time, in the same manner and to the same extent as in the case of any other rule of the Senate.
(Added Pub. L. 104–264, title II, §275(a), Oct. 9, 1996, 110 Stat. 3246.)
References in Text
Section 274(c) of the Air Traffic Management System Performance Improvement Act of 1996, referred to in subsec. (a), is section 274(c) of Pub. L. 104–264, which is set out as a note under section 40101 of this title.
Effective Date
Section effective on date that is 30 days after Oct. 9, 1996, see section 203 of Pub. L. 104–264, set out as an Effective Date of 1996 Amendment note under section 106 of this title.
Except as otherwise specifically provided, section applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as an Effective Date of 1996 Amendment note under section 106 of this title.
§48112. Adjustment to AIP program funding
On the effective date of a general appropriations Act providing appropriations for a fiscal year beginning after September 30, 2000, for the Federal Aviation Administration, the amount made available for a fiscal year under section 48103 shall be increased by the amount, if any, by which—
(1) the amount authorized to be appropriated under section 48101 for such fiscal year; exceeds
(2) the amounts appropriated for programs funded under such section for such fiscal year.
Any contract authority made available by this section shall be subject to an obligation limitation.
(Added Pub. L. 106–181, title I, §107(a), Apr. 5, 2000, 114 Stat. 73.)
Effective Date
Section applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as an Effective Date of 2000 Amendments note under section 106 of this title.
§48113. Reprogramming notification requirement
Before reprogramming any amounts appropriated under section 106(k), 48101(a), or 48103, for which notification of the Committees on Appropriations of the Senate and the House of Representatives is required, the Secretary of Transportation shall transmit a written explanation of the proposed reprogramming to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
(Added Pub. L. 106–181, title I, §108(a), Apr. 5, 2000, 114 Stat. 73.)
Effective Date
Section applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as an Effective Date of 2000 Amendments note under section 106 of this title.
§48114. Funding for aviation programs
(a)
(1)
(A)
(B)
(2)
(b)
(1)
(A) 69–8106–0–7–402 (Grants in Aid for Airports).
(B) 69–8107–0–7–402 (Facilities and Equipment).
(C) 69–8108–0–7–402 (Research and Development).
(D) 69–8104–0–7–402 (Trust Fund Share of Operations).
(2)
(c)
(1)
(2)
(Added Pub. L. 108–176, title I, §104(a), Dec. 12, 2003, 117 Stat. 2496.)
References in Text
Section 9502 of the Internal Revenue Code of 1986, referred to in subsec. (b)(2), is classified to section 9502 of Title 26, Internal Revenue Code.
Section 257 of the Balanced Budget and Emergency Deficit Control Act of 1985, referred to in subsec. (b)(2), is classified to section 907 of Title 2, The Congress.
Effective Date
Section applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as an Effective Date of 2003 Amendment note under section 106 of this title.
CHAPTER 482—ADVANCE APPROPRIATIONS FOR AIRPORT AND AIRWAY TRUST FACILITIES
§48201. Advance appropriations
(a)
(b)
(Added Pub. L. 104–264, title II, §277(a), Oct. 9, 1996, 110 Stat. 3248.)
References in Text
Section 9502 of the Internal Revenue Code of 1986, referred to in subsec. (a), is classified to section 9502 of Title 26, Internal Revenue Code.
Effective Date
Section effective on date that is 30 days after Oct. 9, 1996, see section 203 of Pub. L. 104–264, set out as an Effective Date of 1996 Amendment note under section 106 of this title.
Except as otherwise specifically provided, section applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as an Effective Date of 1996 Amendment note under section 106 of this title.
CHAPTER 483—AVIATION SECURITY FUNDING
§48301. Aviation security funding
(a)
(b)
(1) fortify cockpit doors to deny access from the cabin to the pilots in the cockpit;
(2) provide for the use of video monitors or other devices to alert the cockpit crew to activity in the passenger cabin;
(3) ensure continuous operation of the aircraft transponder in the event the crew faces an emergency; and
(4) provide for the use of other innovative technologies to enhance aircraft security.
(Added Pub. L. 107–71, title I, §118(c)(1), Nov. 19, 2001, 115 Stat. 627; amended Pub. L. 108–458, title IV, §4029, Dec. 17, 2004, 118 Stat. 3727; Pub. L. 110–53, title XVI, §1618, Aug. 3, 2007, 121 Stat. 489.)
Amendments
2007—Subsec. (a). Pub. L. 110–53 substituted “2007, 2008, 2009, 2010, and 2011” for “and 2006”.
2004—Subsec. (a). Pub. L. 108–458 substituted “2005, and 2006” for “and 2005”.
PART D—PUBLIC AIRPORTS
CHAPTER 491—METROPOLITAN WASHINGTON AIRPORTS
§49101. Findings
Congress finds that—
(1) the 2 federally owned airports in the metropolitan area of the District of Columbia constitute an important and growing part of the commerce, transportation, and economic patterns of Virginia, the District of Columbia, and the surrounding region;
(2) Baltimore/Washington International Airport, owned and operated by Maryland, is an air transportation facility that provides service to the greater Metropolitan Washington region together with the 2 federally owned airports, and timely Federal-aid grants to Baltimore/Washington International Airport will provide additional capacity to meet the growing air traffic needs and to compete with other airports on a fair basis;
(3) the United States Government has a continuing but limited interest in the operation of the 2 federally owned airports, which serve the travel and cargo needs of the entire Metropolitan Washington region as well as the District of Columbia as the national seat of government;
(4) operation of the Metropolitan Washington Airports by an independent local authority will facilitate timely improvements at both airports to meet the growing demand of interstate air transportation occasioned by the Airline Deregulation Act of 1978 (Public Law 95–504; 92 Stat. 1705);
(5) all other major air carrier airports in the United States are operated by public entities at the State, regional, or local level;
(6) any change in status of the 2 airports must take into account the interest of nearby communities, the traveling public, air carriers, general aviation, airport employees, and other interested groups, as well as the interests of the United States Government and State governments involved;
(7) in recognition of a perceived limited need for a Federal role in the management of these airports and the growing local interest, the Secretary of Transportation has recommended a transfer of authority from the Federal to the local/State level that is consistent with the management of major airports elsewhere in the United States;
(8) an operating authority with representation from local jurisdictions, similar to authorities at all major airports in the United States, will improve communications with local officials and concerned residents regarding noise at the Metropolitan Washington Airports;
(9) a commission of congressional, State, and local officials and aviation representatives has recommended to the Secretary that transfer of the federally owned airports be as a unit to an independent authority to be created by Virginia and the District of Columbia; and
(10) the Federal interest in these airports can be provided through a lease mechanism which provides for local control and operation.
(Added Pub. L. 105–102, §2(26), Nov. 20, 1997, 111 Stat. 2206.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 49101 | (uncodified). | Oct. 18, 1986, Pub. L. 99–500, title VI, §6002, 100 Stat. 1783–373. |
| Oct. 30, 1986, Pub. L. 99–591, title VI, §6002, 100 Stat. 3341–376. |
In clause (4), the word “authority” is substituted for “agency” for consistency in the revised title and with other titles of the United States Code.
References in Text
The Airline Deregulation Act of 1978, referred to in par. (4), is Pub. L. 95–504, Oct. 24, 1978, 92 Stat. 1705, as amended, which was classified principally to sections of former Title 49, Transportation. The Act was substantially repealed by Pub. L. 103–272, §7(b), July 5, 1994, 108 Stat. 1379, the first section of which enacted subtitles II, III, and V to X of Title 49, Transportation. For complete classification of this Act to the Code, see Tables. For disposition of sections of former Title 49, see Table at the beginning of Title 49.
Prior Provisions
A prior section 49101 was renumbered section 50101 of this title.
§49102. Purpose
(a)
(b)
(Added Pub. L. 105–102, §2(26), Nov. 20, 1997, 111 Stat. 2207.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 49102(a) | (uncodified). | Oct. 18, 1986, Pub. L. 99–500, title VI, §6003(a), 100 Stat. 1783–374. |
| Oct. 30, 1986, Pub. L. 99–591, title VI, §6003(a), 100 Stat. 3341–377. | ||
| 49102(b) | (uncodified). | Oct. 18, 1986, Pub. L. 99–500, title VI, §6003(b), 100 Stat. 1783–374. |
| Oct. 30, 1986, Pub. L. 99–591, title VI, §6003(b), 100 Stat. 3341–377. |
In subsection (b), the words “and conditions” are omitted as being included in “terms”.
Prior Provisions
A prior section 49102 was renumbered section 50102 of this title.
§49103. Definitions
In this chapter—
(1) “Airports Authority” means the Metropolitan Washington Airports Authority, a public authority created by Virginia and the District of Columbia consistent with the requirements of section 49106 of this title.
(2) “employee” means any permanent Federal Aviation Administration personnel employed by the Metropolitan Washington Airports on June 7, 1987.
(3) “Metropolitan Washington Airports” means Ronald Reagan Washington National Airport and Washington Dulles International Airport.
(4) “Washington Dulles International Airport” means the airport constructed under the Act of September 7, 1950 (ch. 905, 64 Stat. 770), and includes the Dulles Airport Access Highway and Right-of-way, including the extension between Interstate Routes I–495 and I–66.
(5) “Ronald Reagan Washington National Airport” means the airport described in the Act of June 29, 1940 (ch. 444, 54 Stat. 686).
(Added Pub. L. 105–102, §2(26), Nov. 20, 1997, 111 Stat. 2207; amended Pub. L. 105–154, §2(a)(1)(D), Feb. 6, 1998, 112 Stat. 3.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 49103 | (uncodified). | Oct. 18, 1986, Pub. L. 99–500, title VI, §6004, 100 Stat. 1783–374. |
| Oct. 30, 1986, Pub. L. 99–591, title VI, §6004, 100 Stat. 3341–377. |
In this section, the text of section 6004(1) and (5) of the Metropolitan Washington Airports Act of 1986 (Public Law 99–500, 100 Stat. 1783–374, 1783–375, Public Law 99–591, 100 Stat. 3341–378) is omitted as surplus because the complete names of the Administrator of the Federal Aviation Administration and the Secretary of Transportation are used the first time those terms appear in a section.
In clause (1), the words “an organization within the Federal Aviation Administration” are omitted as surplus.
References in Text
Act of September 7, 1950, ch. 905, 64 Stat. 770, referred to in par. (4), was classified to subchapter II (§2421 et seq.) of chapter 33 of former Title 49, Transportation, and was omitted from the Code when subtitles II, III, and V to X of Title 49, Transportation, were enacted by Pub. L. 103–272, July 5, 1994, 108 Stat. 745.
Act of June 29, 1940, ch. 444, 54 Stat. 686, referred to in par. (5), was classified to subchapter I (§2401 et seq.) of chapter 33 of former Title 49, Transportation, and was omitted from the Code when subtitles II, III, and V to X of Title 49, Transportation, were enacted by Pub. L. 103–272, July 5, 1994, 108 Stat. 745.
Prior Provisions
A prior section 49103 was renumbered section 50103 of this title.
Amendments
1998—Pars. (3), (5). Pub. L. 105–154 substituted “Ronald Reagan Washington National Airport” for “Washington National Airport”.
Change of Name
Pub. L. 105–154, §1, Feb. 6, 1998, 112 Stat. 3, provided that: “The airport described in the Act entitled ‘An Act to provide for the administration of the Washington National Airport, and for other purposes’, approved June 29, 1940 (54 Stat. 686) [section 2401 et seq. of former Title 49, Transportation, see References in Text note above], and known as the Washington National Airport, shall be known and designated as the ‘Ronald Reagan Washington National Airport’.”
Pub. L. 105–154, §2(b), Feb. 6, 1998, 112 Stat. 4, provided that: “Any reference in a law, map, regulation, document, paper, or other record of the United States to the Washington National Airport shall be deemed to be a reference to the ‘Ronald Reagan Washington National Airport’.”
§49104. Lease of Metropolitan Washington Airports
(a)
(1) The Airports Authority shall operate, maintain, protect, promote, and develop the Metropolitan Washington Airports as a unit and as primary airports serving the Metropolitan Washington area.
(2)(A) In this paragraph, “airport purposes” means a use of property interests (except a sale) for—
(i) aviation business or activities;
(ii) activities necessary or appropriate to serve passengers or cargo in air commerce; or
(iii) nonprofit, public use facilities that are not inconsistent with the needs of aviation.
(B) During the period of the lease, the real property constituting the Metropolitan Washington Airports shall be used only for airport purposes.
(C) If the Secretary decides that any part of the real property leased to the Airports Authority under this chapter is used for other than airport purposes, the Secretary shall—
(i) direct that the Airports Authority take appropriate measures to have that part of the property be used for airport purposes; and
(ii) retake possession of the property if the Airports Authority fails to have that part of the property be used for airport purposes within a reasonable period of time, as the Secretary decides.
(3) The Airports Authority is subject to section 47107(a)–(c) and (e) of this title and to the assurances and conditions required of grant recipients under the Airport and Airway Improvement Act of 1982 (Public Law 97–248; 96 Stat. 671) as in effect on June 7, 1987. Notwithstanding section 47107(b) of this title, all revenues generated by the Metropolitan Washington Airports shall be expended for the capital and operating costs of the Metropolitan Washington Airports.
(4) In acquiring by contract supplies or services for an amount estimated to be more than $200,000, or awarding concession contracts, the Airports Authority to the maximum extent practicable shall obtain complete and open competition through the use of published competitive procedures. By a vote of 7 members, the Airports Authority may grant exceptions to the requirements of this paragraph.
(5)(A) Except as provided in subparagraph (B) of this paragraph, all regulations of the Metropolitan Washington Airports (14 CFR part 159) become regulations of the Airports Authority as of June 7, 1987, and remain in effect until modified or revoked by the Airports Authority under procedures of the Airports Authority.
(B) Sections 159.59(a) and 159.191 of title 14, Code of Federal Regulations, do not become regulations of the Airports Authority.
(C) The Airports Authority may not increase or decrease the number of instrument flight rule takeoffs and landings authorized by the High Density Rule (14 CFR 93.121 et seq.) at Ronald Reagan Washington National Airport on October 18, 1986, and may not impose a limitation on the number of passengers taking off or landing at Ronald Reagan Washington National Airport.
(D) Subparagraph (C) does not apply to any increase in the number of instrument flight rule takeoffs and landings necessary to implement exemptions granted by the Secretary under section 41718.
(6)(A) Except as specified in subparagraph (B) of this paragraph, the Airports Authority shall assume all rights, liabilities, and obligations of the Metropolitan Washington Airports on June 7, 1987, including leases, permits, licenses, contracts, agreements, claims, tariffs, accounts receivable, accounts payable, and litigation related to those rights and obligations, regardless whether judgment has been entered, damages awarded, or appeal taken. The Airports Authority must cooperate in allowing representatives of the Attorney General and the Secretary adequate access to employees and records when needed for the performance of duties and powers related to the period before June 7, 1987. The Airports Authority shall assume responsibility for the Federal Aviation Administration's Master Plans for the Metropolitan Washington Airports.
(B) The procedure for disputes resolution contained in any contract entered into on behalf of the United States Government before June 7, 1987, continues to govern the performance of the contract unless otherwise agreed to by the parties to the contract. Claims for monetary damages founded in tort, by or against the Government as the owner and operator of the Metropolitan Washington Airports, arising before June 7, 1987, shall be adjudicated as if the lease had not been entered into.
(C) The Administration is responsible for reimbursing the Employees’ Compensation Fund, as provided in section 8147 of title 5, for compensation paid or payable after June 7, 1987, in accordance with chapter 81 of title 5 for any injury, disability, or death due to events arising before June 7, 1987, whether or not a claim was filed or was final on that date.
(D) The Airports Authority shall continue all collective bargaining rights enjoyed by employees of the Metropolitan Washington Airports before June 7, 1987.
(7) The Comptroller General may conduct periodic audits of the activities and transactions of the Airports Authority in accordance with generally accepted management principles, and under regulations the Comptroller General may prescribe. An audit shall be conducted where the Comptroller General considers it appropriate. All records and property of the Airports Authority shall remain in possession and custody of the Airports Authority.
(8) The Airports Authority shall develop a code of ethics and financial disclosure to ensure the integrity of all decisions made by its board of directors and employees. The code shall include standards by which members of the board will decide, for purposes of section 49106(d) of this title, what constitutes a substantial financial interest and the circumstances under which an exception to the conflict of interest prohibition may be granted.
(9) A landing fee imposed for operating an aircraft or revenues derived from parking automobiles—
(A) at Washington Dulles International Airport may not be used for maintenance or operating expenses (excluding debt service, depreciation, and amortization) at Ronald Reagan Washington National Airport; and
(B) at Ronald Reagan Washington National Airport may not be used for maintenance or operating expenses (excluding debt service, depreciation, and amortization) at Washington Dulles International Airport.
(10) The Airports Authority shall compute the fees and charges for landing general aviation aircraft at the Metropolitan Washington Airports on the same basis as the landing fees for air carrier aircraft, except that the Airports Authority may require a minimum landing fee that is not more than the landing fee for aircraft weighing 12,500 pounds.
(11) The Secretary shall include other terms applicable to the parties to the lease that are consistent with, and carry out, this chapter.
(b)
(c)
(d)
(Added Pub. L. 105–102, §2(26), Nov. 20, 1997, 111 Stat. 2207; amended Pub. L. 105–154, §2(a)(1)(D), Feb. 6, 1998, 112 Stat. 3; Pub. L. 106–181, title II, §231(e)(2), Apr. 5, 2000, 114 Stat. 113.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 49104(a) | (uncodified). | Oct. 18, 1986, Pub. L. 99–500, title VI, §§6005(a), (d), 6007(d) (last sentence), 100 Stat. 1783–375, 1783–376, 1783–380. |
| Oct. 18, 1986, Pub. L. 99–500, title VI, §6005(c), 100 Stat. 1783–376; Oct. 9, 1996, Pub. L. 104–264, title IX, §902, 110 Stat. 3274. | ||
| Oct. 30, 1986, Pub. L. 99–591, title VI, §§6005(a), (d), 6007(d) (last sentence), 100 Stat. 3341–378, 3341–379, 3341–383. | ||
| Oct. 30, 1986, Pub. L. 99–591, title VI, §6005(c), 100 Stat. 3341–379; Oct. 9, 1996, Pub. L. 104–264, title IX, §902, 110 Stat. 3274. | ||
| 49104(b) | (uncodified). | Oct. 18, 1986, Pub. L. 99–500, title VI, §6005(b), 100 Stat. 1783–375. |
| Oct. 30, 1986, Pub. L. 99–591, title VI, §6005(b), 100 Stat. 3341–378. | ||
| 49104(c) | (uncodified). | Oct. 18, 1986, Pub. L. 99–500, title VI, §6005(e), 100 Stat. 1783–378. |
| Oct. 30, 1986, Pub. L. 99–591, title VI, §6005(e), 100 Stat. 3341–381. | ||
| 49104(d) | (uncodified). | Oct. 18, 1986, Pub. L. 99–500, title VI, §6010, 100 Stat. 1783–385. |
| Oct. 30, 1986, Pub. L. 99–591, title VI, §6010, 100 Stat. 3341–388. |
In subsection (a), before clause (1), the text of section 6005(a) and (d) of the Metropolitan Washington Airports Act of 1986 (Public Law 99–500, 100 Stat. 1783–375, 1783–378, Public Law 99–591, 100 Stat. 3341–378, 3341–381) is omitted as executed. The words “conditions and requirements” are omitted as surplus. In clause (5)(B), the words “(relating to new-technology aircraft)” and “(relating to violations of Federal Aviation Administration regulations as Federal misdemeanors)” are omitted as surplus. In clause (5)(C), the words “after the date the lease takes effect” are omitted as obsolete. In clause (6)(A), the words “(tangible and incorporeal, present and executory)” are omitted as surplus. The words “The Airports Authority must” are substituted for “Before the date the lease takes effect, the Secretary shall also assure that the Airports Authority has agreed to” to eliminate obsolete words. The words “duties and powers” are substituted for “functions” for consistency in the revised title and with other titles of the United States Code. In clause (7), the words “or places” are omitted because of 1:1. The words “books, accounts . . . reports, files, papers” are omitted as being included in “reports”. In clause (8), the words “for purposes of section 49106(d) of this title” are added for clarity. In clause (9), before subclause (A), the words “Notwithstanding any other provision of law” are omitted as surplus. In clause (11), the words “and conditions” are omitted as being included in “terms”.
In subsection (b), the text of section 6005(b)(2) of the Metropolitan Washington Airports Act of 1986 (Public Law 99–500, 100 Stat. 1783–375, Public Law 99–591, 100 Stat. 3341–378) is omitted as executed.
References in Text
Section 6005(a) of the Metropolitan Washington Airports Act of 1986, referred to in subsec. (a), is section 6005(a) of Pub. L. 99–500, title VI, Oct. 18, 1986, 100 Stat. 1783–375, and Pub. L. 99–591, title VI, Oct. 30, 1986, 100 Stat. 3341–378, which was classified to section 2454(a) of former Title 49, Transportation, and was repealed and reenacted as subsec. (a) of this section by Pub. L. 105–102, §§2(26), 5(b), Nov. 20, 1997, 111 Stat. 2205, 2217.
The Airport and Airway Improvement Act of 1982, referred to in subsec. (a)(3), is title V of Pub. L. 97–248, Sept. 3, 1982, 96 Stat. 671, as amended, which was classified principally to chapter 31 (§2201 et seq.) of former Title 49, Transportation, and was substantially repealed by Pub. L. 103–272, §7(b), July 5, 1994, 108 Stat. 1379, and reenacted by the first section thereof as subchapter I of chapter 471 of Title 49, Transportation.
Prior Provisions
A prior section 49104 was renumbered section 50104 of this title.
Amendments
2000—Subsec. (a)(5)(D). Pub. L. 106–181 added subpar. (D).
1998—Subsec. (a)(5)(C), (9)(A), (B). Pub. L. 105–154 substituted “Ronald Reagan Washington National Airport” for “Washington National Airport” wherever appearing.
Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
§49105. Capital improvements, construction, and rehabilitation
(a)
(1) should pursue the improvement, construction, and rehabilitation of the facilities at Washington Dulles International Airport and Ronald Reagan Washington National Airport simultaneously; and
(2) to the extent practicable, should cause the improvement, construction, and rehabilitation proposed by the Secretary of Transportation to be completed at Washington Dulles International Airport and Ronald Reagan Washington National Airport within 5 years after March 30, 1988.
(b)
(Added Pub. L. 105–102, §2(26), Nov. 20, 1997, 111 Stat. 2210; amended Pub. L. 105–154, §2(a)(1)(D), Feb. 6, 1998, 112 Stat. 3.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 49105(a) | (uncodified). | Oct. 18, 1986, Pub. L. 99–500, title VI, §6006(a), 100 Stat. 1783–378. |
| Oct. 30, 1986, Pub. L. 99–591, title VI, §6006(a), 100 Stat. 3341–381. | ||
| 49105(b) | (uncodified). | Oct. 18, 1986, Pub. L. 99–500, title VI, §6006(b), 100 Stat. 1783–379. |
| Oct. 30, 1986, Pub. L. 99–591, title VI, §6006(b), 100 Stat. 3341–382. |
Prior Provisions
A prior section 49105 was renumbered section 50105 of this title.
Amendments
1998—Subsec. (a)(1), (2). Pub. L. 105–154 substituted “Ronald Reagan Washington National Airport” for “Washington National Airport”.
§49106. Metropolitan Washington Airports Authority
(a)
(1) a public body corporate and politic with the powers and jurisdiction—
(A) conferred upon it jointly by the legislative authority of Virginia and the District of Columbia or by either of them and concurred in by the legislative authority of the other jurisdiction; and
(B) that at least meet the specifications of this section and section 49108 of this title;
(2) independent of Virginia and its local governments, the District of Columbia, and the United States Government; and
(3) a political subdivision constituted only to operate and improve the Metropolitan Washington Airports as primary airports serving the Metropolitan Washington area.
(b)
(A) to acquire, maintain, improve, operate, protect, and promote the Metropolitan Washington Airports for public purposes;
(B) to issue bonds from time to time in its discretion for public purposes, including paying any part of the cost of airport improvements, construction, and rehabilitation and the acquisition of real and personal property, including operating equipment for the airports;
(C) to acquire real and personal property by purchase, lease, transfer, or exchange;
(D) to exercise the powers of eminent domain in Virginia that are conferred on it by Virginia;
(E) to levy fees or other charges; and
(F) to make and maintain agreements with employee organizations to the extent that the Federal Aviation Administration was authorized to do so on October 18, 1986.
(2) Bonds issued under paragraph (1)(B) of this subsection—
(A) are not a debt of Virginia, the District of Columbia, or a political subdivision of Virginia or the District of Columbia; and
(B) may be secured by the Airports Authority's revenues generally, or exclusively from the income and revenues of certain designated projects whether or not any part of the projects are financed from the proceeds of the bonds.
(c)
(A) 5 members appointed by the Governor of Virginia;
(B) 3 members appointed by the Mayor of the District of Columbia;
(C) 2 members appointed by the Governor of Maryland; and
(D) 3 members appointed by the President with the advice and consent of the Senate.
(2) The chairman of the board shall be appointed from among the members by majority vote of the members and shall serve until replaced by majority vote of the members.
(3) Members of the board shall be appointed to the board for 6 years, except that of the members first appointed by the President after October 9, 1996, one shall be appointed for 4 years. A member may serve after the expiration of that member's term until a successor has taken office.
(4) A member of the board—
(A) may not hold elective or appointive political office;
(B) serves without compensation except for reasonable expenses incident to board functions; and
(C) must reside within the Washington Standard Metropolitan Statistical Area, except that a member of the board appointed by the President must be a registered voter of a State other than Maryland, Virginia, or the District of Columbia.
(5) A vacancy in the board shall be filled in the manner in which the original appointment was made. A member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term.
(6)(A) Not more than 2 of the members of the board appointed by the President may be of the same political party.
(B) In carrying out their duties on the board, members appointed by the President shall ensure that adequate consideration is given to the national interest.
(C) A member appointed by the President may be removed by the President for cause.
(7) Eight votes are required to approve bond issues and the annual budget.
(d)
(e)
(f)
(g)
(Added Pub. L. 105–102, §2(26), Nov. 20, 1997, 111 Stat. 2210; amended Pub. L. 105–225, §7(c)(1)(A), (B), Aug. 12, 1998, 112 Stat. 1511; Pub. L. 106–181, title II, §231(i), Apr. 5, 2000, 114 Stat. 115.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 49106(a) | (uncodified). | Oct. 18, 1986, Pub. L. 99–500, title VI, §6007(a), (b), 100 Stat. 1783–379. |
| Oct. 30, 1986, Pub. L. 99–591, title VI, §6007(a), (b), 100 Stat. 3341–382. | ||
| 49106(b) | (uncodified). | Oct. 18, 1986, Pub. L. 99–500, title VI, §6007(c), 100 Stat. 1783–379. |
| Oct. 30, 1986, Pub. L. 99–591, title VI, §6007(c), 100 Stat. 3341–382. | ||
| 49106(c) | (uncodified). | Oct. 18, 1986, Pub. L. 99–500, title VI, §6007(e), 100 Stat. 1783–380; Oct. 9, 1996, Pub. L. 104–264, title IX, §903, 110 Stat. 3275. |
| Oct. 30, 1986, Pub. L. 99–591, title VI, §6007(e), 100 Stat. 3341–383; Oct. 9, 1996, Pub. L. 104–264, title IX, §903, 110 Stat. 3275. | ||
| 49106(d) | (uncodified). | Oct. 18, 1986, Pub. L. 99–500, title VI, §6007(d) (1st, 2d sentences), 100 Stat. 1783–379. |
| Oct. 30, 1986, Pub. L. 99–591, title VI, §6007(d) (1st, 2d sentences), 100 Stat. 3341–382. | ||
| 49106(e) | (uncodified). | Oct. 18, 1986, Pub. L. 99–500, title VI, §6007(f), 100 Stat. 1783–382; Oct. 9, 1996, Pub. L. 104–264, title IX, §904(a), 110 Stat. 3276. |
| Oct. 30, 1986, Pub. L. 99–591, title VI, §6007(f), 100 Stat. 3341–385; Oct. 9, 1996, Pub. L. 104–264, title IX, §904(a), 110 Stat. 3276. | ||
| 49106(f) | (uncodified). | Oct. 18, 1986, Pub. L. 99–500, title VI, §6007(h), 100 Stat. 1783–382; Dec. 18, 1991, Pub. L. 102–240, title VII, §7002(e), 105 Stat. 2200; Oct. 9, 1996, Pub. L. 104–264, title IX, §904(b), 110 Stat. 3276. |
| Oct. 30, 1986, Pub. L. 99–591, title VI, §6007(h), 100 Stat. 3341–385; Dec. 18, 1991, Pub. L. 102–240, title VII, §7002(e), 105 Stat. 2200; Oct. 9, 1996, Pub. L. 104–264, title IX, §904(b), 110 Stat. 3276. | ||
| 49106(g) | (uncodified). | Oct. 18, 1986, Pub. L. 99–500, title VI, §6007(g), as added Dec. 18, 1991, Pub. L. 102–240, title VII, §7002(h), 105 Stat. 2202; Oct. 9, 1996, Pub. L. 104–264, title IX, §904(a), 110 Stat. 3276. |
| Oct. 30, 1986, Pub. L. 99–591, title VI, §6007(g), as added Dec. 18, 1991, Pub. L. 102–240, title VII, §7002(h), 105 Stat. 2202; Oct. 9, 1996, Pub. L. 104–264, title IX, §904(a), 110 Stat. 3276. |
In subsection (b)(2)(A), the words “Virginia, the District of Columbia” are substituted for “either jurisdiction” for clarity.
In subsection (c)(6)(C), the words “the limitations described in” are omitted as unnecessary. The word “until” is substituted for “for the period beginning on October 1, 1997, and ending on the first day on which” to eliminate unnecessary words.
In subsection (d), the words “The Airports Authority shall be subject to a conflict-of-interest provision providing that” are omitted as surplus.
In subsection (g), the words “Committee on Transportation and Infrastructure” are substituted for “Committee on Public Works and Transportation” because of the amendment of clause 1(q) of Rule X of the Rules of the House of Representatives by section 202(a) of H. Res. 6, approved January 4, 1995.
Amendments
2000—Subsec. (c)(6)(C), (D). Pub. L. 106–181 redesignated subpar. (D) as (C) and struck out former subpar. (C) which read as follows: “The members to be appointed under paragraph (1)(D) of this subsection must be appointed before October 1, 1997. If the deadline is not met, the Secretary of Transportation and the Airports Authority are subject to the limitations of section 49108 of this title until all members referred to in paragraph (1)(D) are appointed.”
1998—Subsec. (b)(1)(F). Pub. L. 105–225, §7(c)(1)(A), substituted “1986” for “1996”.
Subsec. (c)(3). Pub. L. 105–225, §7(c)(1)(B), substituted “to the board” for “by the board”.
Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
Effective Date of 1998 Amendment
Pub. L. 105–225, §7(c)(3), Aug. 12, 1998, 112 Stat. 1512, provided that: “The amendments made by this subsection [amending this section and sections 49107 and 49111 of this title and provisions set out as a note preceding section 101 of this title] are effective as of November 20, 1997.”
§49107. Federal employees at Metropolitan Washington Airports
(a)
(2) Employee protection arrangements made under this section shall ensure, during the 50-year lease term, the continuation of all collective bargaining rights enjoyed by transferred employees retained by the Airports Authority.
(b)
(c)
(Added Pub. L. 105–102, §2(26), Nov. 20, 1997, 111 Stat. 2212; amended Pub. L. 105–225, §7(c)(1)(C), Aug. 12, 1998, 112 Stat. 1511.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 49107(a) | (uncodified). | Oct. 18, 1986, Pub. L. 99–500, title VI, §6008(a)–(d), (f), 100 Stat. 1783–382, 1783–383. |
| Oct. 30, 1986, Pub. L. 99–591, title VI, §6008(a)–(d), (f), 100 Stat. 3341–385, 3341–387. | ||
| 49107(b) | (uncodified). | Oct. 18, 1986, Pub. L. 99–500, title VI, §6008(e), 100 Stat. 1783–383. |
| Oct. 30, 1986, Pub. L. 99–591, title VI, §6008(e), 100 Stat. 3341–386. | ||
| 49107(c) | (uncodified). | Oct. 18, 1986, Pub. L. 99–500, title VI, §6008(g), 100 Stat. 1783–384. |
| Oct. 30, 1986, Pub. L. 99–591, title VI, §6008(g), 100 Stat. 3341–387. |
In subsection (a)(1), the text of section 6008(a), (b)(2d and last sentences), (c), (d), and (f) of the Metropolitan Washington Airports Act of 1986 (Public Law 99–500, 100 Stat, 1783–382, 1783–383, Public Law 99–591, 100 Stat. 3341–385, 3341–386, 3341–387) is omitted as obsolete.
In subsection (c), the words “duty or power” are substituted for “functions” for consistency in the revised title and with other titles of the United States Code.
Amendments
1998—Subsec. (b). Pub. L. 105–225 substituted “is subject to subchapter III” for “is subject to subchapter II”.
Effective Date of 1998 Amendment
Amendment by Pub. L. 105–225 effective Nov. 20, 1997, see section 7(c)(3) of Pub. L. 105–225, set out as a note under section 49106 of this title.
Retirement Provisions Relating to Certain Members of Police Force of Metropolitan Washington Airports Authority
Pub. L. 106–554, §1(a)(3) [title VI, §636], Dec. 21, 2000, 114 Stat. 2763, 2763A–164, provided that:
“(a)
“(1) is employed as a member of the police force of the Metropolitan Washington Airports Authority (hereafter in this section referred to as an ‘MWAA police officer’); and
“(2) is subject to the Civil Service Retirement System or the Federal Employees’ Retirement System by virtue of section 49107(b) of title 49, United States Code.
“(b)
“(1)
“(2)
“(A) an MWAA police officer; or
“(B) a member of the police force of the Federal Aviation Administration (hereafter in this section referred to as an ‘FAA police officer’).
“(c)
“(1) it is made before the employee separates from service with the Metropolitan Washington Airports Authority, but in no event later than 1 year after the regulations under this subsection take effect; and
“(2) it is accompanied by payment of an amount equal to, with respect to all prior service of such employee which is described in subsection (b)(2)—
“(A) the employee deductions that would have been required for such service under chapter 83 or 84 of title 5, U.S.C. (as the case may be) if such election had then been in effect, minus
“(B) the total employee deductions and contributions under such chapter 83 and 84 (as applicable) that were actually made for such service,
taking into account only amounts required to be credited to the Civil Service Retirement and Disability Fund. Any amount under paragraph (2) shall be computed with interest, in accordance with section 8334(e) of such title 5.
“(d)
“(e)
“(1) the Metropolitan Washington Airports Authority (or its designee) concerning any service performed by an individual as an MWAA police officer; and
“(2) the Federal Aviation Administration (or its designee) concerning any service performed by an individual as an FAA police officer.
“(f)
“(1)
“(2)
§49108. Limitations
After October 1, 2008, the Secretary of Transportation may not approve an application of the Metropolitan Washington Airports Authority—
(1) for an airport development project grant under subchapter I of chapter 471 of this title; or
(2) to impose a passenger facility fee under section 40117 of this title.
(Added Pub. L. 105–102, §2(26), Nov. 20, 1997, 111 Stat. 2213; amended Pub. L. 106–181, title II, §231(h), Apr. 5, 2000, 114 Stat. 115; Pub. L. 108–176, title VIII, §804, Dec. 12, 2003, 117 Stat. 2587.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 49108 | (uncodified). | Oct. 18, 1986, Pub. L. 99–500, title VI, §6007(i), as added Oct. 9, 1996, Pub. L. 104–264, title IX, §905, 110 Stat. 3276. |
| Oct. 30, 1986, Pub. L. 99–591, title VI, §6007(i), as added Oct. 9, 1996, Pub. L. 104–264, title IX, §905, 110 Stat. 3276. |
Amendments
2003—Pub. L. 108–176 substituted “2008” for “2004” in introductory provisions.
2000—Pub. L. 106–181 substituted “2004” for “2001” in introductory provisions.
Effective Date of 2003 Amendment
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
§49109. Nonstop flights
An air carrier may not operate an aircraft nonstop in air transportation between Ronald Reagan Washington National Airport and another airport that is more than 1,250 statute miles away from Ronald Reagan Washington National Airport.
(Added Pub. L. 105–102, §2(26), Nov. 20, 1997, 111 Stat. 2213; amended Pub. L. 105–154, §2(a)(1)(D), Feb. 6, 1998, 112 Stat. 3.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 49109 | (uncodified). | Oct. 18, 1986, Pub. L. 99–500, title VI, §6012, 100 Stat. 1783–385. |
| Oct. 30, 1986, Pub. L. 99–591, title VI, §6012, 100 Stat. 3341–388. |
Amendments
1998—Pub. L. 105–154 substituted “Ronald Reagan Washington National Airport” for “Washington National Airport” in two places.
§49110. Use of Dulles Airport Access Highway
The Metropolitan Washington Airports Authority shall continue in effect and enforce section 4.2(1) and (2) of the Metropolitan Washington Airports Regulations, as in effect on February 1, 1995. The district courts of the United States have jurisdiction to compel the Airports Authority and its officers and employees to comply with this section. The Attorney General or an aggrieved party may bring an action on behalf of the United States Government.
(Added Pub. L. 105–102, §2(26), Nov. 20, 1997, 111 Stat. 2213.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 49110 | (uncodified). | Oct. 18, 1986, Pub. L. 99–500, title VI, §6013, as added Oct. 9, 1996, Pub. L. 104–264, title IX, §906, 110 Stat. 3277. |
| Oct. 30, 1986, Pub. L. 99–591, title VI, §6013, as added Oct. 9, 1996, Pub. L. 104–264, title IX, §906, 110 Stat. 3277. |
The words “Except as provided by subsection (b)” and “the requirements of” are omitted as unnecessary.
§49111. Relationship to and effect of other laws
(a)
(1) the Metropolitan Washington Airports are deemed to be public airports for purposes of chapter 471 of this title; and
(2) the Act of June 29, 1940 (ch. 444, 54 Stat. 686), the First Supplemental Civil Functions Appropriations Act, 1941 (ch. 780, 54 Stat. 1030), and the Act of September 7, 1950 (ch. 905, 64 Stat. 770), do not apply to the operation of the Metropolitan Washington Airports, and the Secretary of Transportation is relieved of all responsibility under those Acts.
(b)
(c)
(d)
(2) The Airports Authority shall consult with—
(A) the Commission and the Advisory Council on Historic Preservation before undertaking any major alterations to the exterior of the main terminal at Washington Dulles International Airport; and
(B) the Commission before undertaking development that would alter the skyline of Ronald Reagan Washington National Airport when viewed from the opposing shoreline of the Potomac River or from the George Washington Parkway.
(Added Pub. L. 105–102, §2(26), Nov. 20, 1997, 111 Stat. 2213; amended Pub. L. 105–154, §2(a)(1)(D), Feb. 6, 1998, 112 Stat. 3; Pub. L. 105–225, §7(c)(1)(D), Aug. 12, 1998, 112 Stat. 1511; Pub. L. 106–181, title II, §231(j)(1), Apr. 5, 2000, 114 Stat. 115; Pub. L. 107–217, §3(n)(9), Aug. 21, 2002, 116 Stat. 1303.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 49111(a) | (uncodified). | Oct. 18, 1986, Pub. L. 99–500, title VI, §6009(a), 100 Stat. 1783–384. |
| Oct. 30, 1986, Pub. L. 99–591, title VI, §6009(a), 100 Stat. 3341–387. | ||
| 49111(b) | (uncodified). | Oct. 18, 1986, Pub. L. 99–500, title VI, §6009(b), 100 Stat. 1783–384; Oct. 9, 1996, Pub. L. 104–264, title IX, §904(c)(1), 110 Stat. 3276. |
| Oct. 30, 1986, Pub. L. 99–591, title VI, §6009(b), 100 Stat. 3341–387; Oct. 9, 1996, Pub. L. 104–264, title IX, §904(c)(1), 110 Stat. 3276. | ||
| 49111(c) | (uncodified). | Oct. 18, 1986, Pub. L. 99–500, title VI, §6009(c), 100 Stat. 1783–384. |
| Oct. 30, 1986, Pub. L. 99–591, title VI, §6009(c), 100 Stat. 3341–387. | ||
| 49111(d) | (uncodified). | Oct. 18, 1986, Pub. L. 99–500, title VI, §6009(d), 100 Stat. 1783–384. |
| Oct. 30, 1986, Pub. L. 99–591, title VI, §6009(d), 100 Stat. 3341–387. | ||
| 49111(e) | (uncodified). | Oct. 18, 1986, Pub. L. 99–500, title VI, §6009(e), 100 Stat. 1783–384. |
| Oct. 30, 1986, Pub. L. 99–591, title VI, §6009(e), 100 Stat. 3341–388. |
In subsection (a)(1), the word “deemed” is substituted for “considered” for consistency in the revised title and with other titles of the United States Code.
In subsection (e), the text of section 6009(e)(2) of the Metropolitan Washington Airports Act of 1986 (Public Law 99–500, 100 Stat. 1783–385, Public Law 99–591, 100 Stat. 3341–388) is omitted as executed.
References in Text
Section 6005 of the Metropolitan Washington Airports Act of 1986, referred to in subsec. (a), is section 6005 of Pub. L. 99–500, title VI, Oct. 18, 1986, 100 Stat. 1783–375, and Pub. L. 99–591, title VI, Oct. 30, 1986, 100 Stat. 3341–378, which was classified to section 2454 of former Title 49, Transportation, and was repealed and reenacted as this section by Pub. L. 105–102, §§2(26), 5(b), Nov. 20, 1997, 111 Stat. 2205, 2217.
Act of June 29, 1940, ch. 444, 54 Stat. 686, referred to in subsec. (a)(2), was classified to subchapter I (§2401 et seq.) of chapter 33 of former Title 49, Transportation, and was omitted from the Code when subtitles II, III, and V to X of Title 49, Transportation, were enacted by Pub. L. 103–272, July 5, 1994, 108 Stat. 745.
The First Supplemental Civil Functions Appropriations Act, 1941, referred to in subsec. (a)(2), is act Oct. 9, 1940, ch. 780, 54 Stat. 1030. For complete classification of this Act to the Code, see Tables.
Act of September 7, 1950, ch. 905, 64 Stat. 770, referred to in subsec. (a)(2), was classified to subchapter II (§2421 et seq.) of chapter 33 of former Title 49, Transportation, and was omitted from the Code when subtitles II, III, and V to X of Title 49, Transportation, were enacted by Pub. L. 103–272, July 5, 1994, 108 Stat. 745.
Amendments
2002—Subsec. (d)(1). Pub. L. 107–217 substituted “section 8722 of title 40” for “section 5 of the Act of June 6, 1924 (40 U.S.C. 71d),”.
2000—Subsec. (e). Pub. L. 106–181 struck out heading and text of subsec. (e). Text read as follows: “The Administrator of the Federal Aviation Administration may not increase the number of instrument flight rule takeoffs and landings authorized for air carriers by the High Density Rule (14 CFR 93.121 et seq.) at Ronald Reagan Washington National Airport on October 18, 1986, and may not decrease the number of those takeoffs and landings except for reasons of safety.”
1998—Subsec. (b). Pub. L. 105–225 substituted “retention by” for “retention of”.
Subsecs. (c), (d)(2)(B), (e). Pub. L. 105–154 substituted “Ronald Reagan Washington National Airport” for “Washington National Airport”.
Effective Date of 2000 Amendment
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
Effective Date of 1998 Amendment
Amendment by Pub. L. 105–225 effective Nov. 20, 1997, see section 7(c)(3) of Pub. L. 105–225, set out as a note under section 49106 of this title.
§49112. Separability and effect of judicial order
(a)
(b)
(2) Any action of the Airports Authority that was required to be submitted to the Board of Review under section 6007(f)(4) of the Metropolitan Washington Airports Act of 1986 (Public Law 99–500; 100 Stat. 1783–380; Public Law 99–599; 100 Stat. 3341–383) before October 9, 1996, remains in effect and may not be set aside only because of a judicial order invalidating certain functions of the Board.
(Added Pub. L. 105–102, §2(26), Nov. 20, 1997, 111 Stat. 2214.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 49112(a) | (uncodified). | Oct. 18, 1986, Pub. L. 99–500, title VI, §6011, 100 Stat. 1783–385; Oct. 9, 1996, Pub. L. 104–264, title IX, §904(c)(2), 110 Stat. 3276. |
| Oct. 30, 1986, Pub. L. 99–591, title VI, §6011, 100 Stat. 3341–388; Oct. 9, 1996, Pub. L. 104–264, title IX, §904(c)(2), 110 Stat. 3276. | ||
| 49112(b)(1) | (uncodified). | Oct. 18, 1986, Pub. L. 99–500, title VI, §6014, as added Oct. 9, 1996, Pub. L. 104–264, title IX, §907, 110 Stat. 3277. |
| Oct. 30, 1986, Pub. L. 99–591, title VI, §6014, as added Oct. 9, 1996, Pub. L. 104–264, title IX, §907, 110 Stat. 3277. | ||
| 49112(b)(2) | (uncodified). | Oct. 9, 1996, Pub. L. 104–264, title IX, §904(d), 110 Stat. 3276. |
In subsection (a), the word “thereby” is omitted as surplus.
In subsection (b)(1), the words “the limitations described in” are omitted as unnecessary.
References in Text
The Metropolitan Washington Airports Amendments Act of 1996, referred to in subsec. (b)(1), is title IX of Pub. L. 104–264, Oct. 9, 1996, 110 Stat. 3274, which amended the Metropolitan Washington Airports Act of 1986, title VI of Pub. L. 99–500, Oct. 18, 1986, 100 Stat. 1783–373, and title VI of Pub. L. 99–591, Oct. 30, 1986, 100 Stat. 3341–376, as amended. The Metropolitan Washington Airports Act of 1986 was classified generally to subchapter III (§2451 et seq.) of chapter 33 of former Title 49, Transportation, and was repealed and reenacted as this chapter by Pub. L. 105–102, §§2(26), 5(b), Nov. 20, 1997, 111 Stat. 2205, 2217.
Section 6007(f)(4) of the Metropolitan Washington Airports Act of 1986, referred to in subsec. (b)(2), is section 6007(f)(4) of Pub. L. 99–500, title VI, Oct. 18, 1986, 100 Stat. 1783–379, and Pub. L. 99–591, title VI, Oct. 30, 1986, 100 Stat. 3341–382, which related to a Board of Review and was classified to section 2456(f)(4) of former Title 49, Transportation. Subsec. (f) of section 6007 was repealed and subsec. (g) redesignated (f) by Pub. L. 104–264, title IX, §904(a), Oct. 9, 1996, 110 Stat. 3276. Section 6007 was subsequently repealed and reenacted as section 49106 of Title 49, Transportation, by Pub. L. 105–102, §§2(26), 5(b), Nov. 20, 1997, 111 Stat. 2205, 2217, and does not contain provisions relating to a Board of Review.
PART E—MISCELLANEOUS
Amendments
1996—Pub. L. 104–287, §5(88)(A), Oct. 11, 1996, 110 Stat. 3398, redesignated part D of this subtitle as this part.
CHAPTER 501—BUY-AMERICAN PREFERENCES
Amendments
1996—Pub. L. 104–287, §5(88)(B), (C), Oct. 11, 1996, 110 Stat. 3398, redesignated chapter 491 of this title as this chapter and items 49101 to 49105 as 50101 to 50105, respectively.
§50101. Buying goods produced in the United States
(a)
(b)
(1) applying subsection (a) would be inconsistent with the public interest;
(2) the steel and goods produced in the United States are not produced in a sufficient and reasonably available amount or are not of a satisfactory quality;
(3) when procuring a facility or equipment under section 44502(a)(2) or 44509, subchapter I of chapter 471 (except section 47127), or chapter 481 (except sections 48102(e), 48106, 48107, and 48110) of this title—
(A) the cost of components and subcomponents produced in the United States is more than 60 percent of the cost of all components of the facility or equipment; and
(B) final assembly of the facility or equipment has occurred in the United States; or
(4) including domestic material will increase the cost of the overall project by more than 25 percent.
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1298, §49101; renumbered §50101 and amended Pub. L. 104–287, §5(88)(D), (89), Oct. 11, 1996, 110 Stat. 3398.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 49101(a) | 49 App.:2226a(a). | Nov. 5, 1990, Pub. L. 101–508, §9129, 104 Stat. 1388–371. |
| 49101(b) | 49 App.:2226a(b). | |
| 49101(c) | 49 App.:2226a(c). |
In this chapter, the word “goods” is substituted for “product” and “products” for consistency.
In subsection (a), the words “Notwithstanding any other provision of law” are omitted as surplus. The words “after November 5, 1990” are omitted as obsolete.
In subsection (b), before clause (1), the words “The Secretary may waive” are substituted for “shall not apply” for consistency. In clause (2), the words “steel and goods” are substituted for “materials and products” for consistency. In clause (4), the word “contract” is omitted as surplus.
Pub. L. 104–287, §5(89)
This makes a clarifying amendment to 49:50101(a) and (b)(3), 50102, 50104(b)(1), and 50105, as redesignated by clause (88)(D) of this section, because 49:47106(d) was struck by section 108(1) of the Federal Aviation Administration Authorization Act of 1994 (Public Law 103–305, 108 Stat. 1573).
Amendments
1996—Pub. L. 104–287, §5(88)(D), renumbered section 49101 of this title as this section.
Subsecs. (a), (b)(3). Pub. L. 104–287, §5(89), substituted “section 47127” for “sections 47106(d) and 47127”.
Use of Domestic Products
Pub. L. 103–305, title III, §305, Aug. 23, 1994, 108 Stat. 1592, provided that:
“(a)
“(2) A person who violates paragraph (1) shall not be eligible for any contract for a procurement carried out with amounts authorized under this title [enacting section 47509 of this title, amending sections 44505 and 48102 of this title, and enacting provisions set out as notes under this section and section 40101 of this title], including any subcontract under such a contract pursuant to the debarment, suspension, and ineligibility procedures in subpart 9.4 of chapter 1 of title 48, Code of Federal Regulations, or any successor procedures thereto.
“(b)
“(2) This subsection shall apply only to procurements made for which—
“(A) amounts are authorized by this title to be made available; and
“(B) solicitations for bids are issued after the date of the enactment of this Act [Aug. 23, 1994].
“(3) The Secretary, before January 1, 1995, shall report to the Congress on procurements covered under this subsection of products that are not domestic products.
“(c)
“(1) that is manufactured or produced in the United States; and
“(2) at least 50 percent of the cost of the articles, materials, or supplies of which are mined, produced, or manufactured in the United States.”
Similar provisions were contained in the following prior authorization act: Pub. L. 102–581, title III, §305, Oct. 31, 1992, 106 Stat. 4896.
Purchase of American Made Equipment and Products
Pub. L. 103–305, title III, §306, Aug. 23, 1994, 108 Stat. 1593, provided that:
“(a)
“(b)
§50102. Restricting contract awards because of discrimination against United States goods or services
A person or enterprise domiciled or operating under the laws of a foreign country may not make a contract or subcontract under section 106(k), 44502(a)(2), or 44509, subchapter I of chapter 471 (except section 47127), or chapter 481 (except sections 48102(e), 48106, 48107, and 48110) of this title or subtitle B of title IX of the Omnibus Budget Reconciliation Act of 1990 (Public Law 101–508, 104 Stat. 1388–353) if the government of that country unfairly maintains, in government procurement, a significant and persistent pattern of discrimination against United States goods or services that results in identifiable harm to United States businesses, that the President identifies under section 305(g)(1)(A) of the Trade Agreements Act of 1979 (19 U.S.C. 2515(g)(1)(A)).
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1298, §49102; renumbered §50102 and amended Pub. L. 104–287, §5(88)(D), (89), Oct. 11, 1996, 110 Stat. 3398.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 49102 | 49 App.:2226c. | Nov. 5, 1990, Pub. L. 101–508, §9131, 104 Stat. 1388–372; Oct. 31, 1992, Pub. L. 102–581, §118(b), 106 Stat. 4883. |
The words “government of that country” are substituted for “that government” for consistency in the revised title and with other titles of the United States Code.
Pub. L. 104–287, §5(89)
This makes a clarifying amendment to 49:50101(a) and (b)(3), 50102, 50104(b)(1), and 50105, as redesignated by clause (88)(D) of this section, because 49:47106(d) was struck by section 108(1) of the Federal Aviation Administration Authorization Act of 1994 (Public Law 103–305, 108 Stat. 1573).
References in Text
Subtitle B of title IX of the Omnibus Budget Reconciliation Act of 1990, referred to in text, is subtitle B (§§9101–9131) of title IX of Pub. L. 101–508, Nov. 5, 1990, 104 Stat. 1388–353, as amended, known as the Aviation Safety and Capacity Expansion Act of 1990. Sections 9102 to 9105, 9107 to 9112(b), 9113 to 9115, 9118, 9121 to 9123, 9124 “Sec. 613(c)”, 9125, 9127, and 9129 to 9131 of title IX of Pub. L. 101–508 were repealed by Pub. L. 103–272, §7(b), July 5, 1994, 108 Stat. 1379, the first section of which enacted subtitles II, III, and V to X of Title 49, Transportation. For complete classification of this Act to the Code, see Tables. For disposition of sections of former Title 49, see table at the beginning of Title 49.
Amendments
1996—Pub. L. 104–287, §5(89), substituted “section 47127” for “sections 47106(d) and 47127”.
Pub. L. 104–287, §5(88)(D), renumbered section 49102 of this title as this section.
§50103. Contract preference for domestic firms
(a)
(1) “domestic firm” means a business entity incorporated, and conducting business, in the United States.
(2) “foreign firm” means a business entity not described in clause (1) of this subsection.
(b)
(1) the Administrator decides, and the Secretary of Commerce and the United States Trade Representative concur, that the public interest requires making the contract with the domestic firm, considering United States international obligations and trade relations;
(2) the difference between the bids submitted by the foreign firm and the domestic firm is not more than 6 percent;
(3) the final product of the domestic firm will be assembled completely in the United States; and
(4) at least 51 percent of the final product of the domestic firm will be produced in the United States.
(c)
(1) compelling national security considerations require that subsection (b) of this section not apply; or
(2) the Trade Representative decides that making the contract would violate the multilateral trade agreements (as defined in section 3501(4) of title 19) or an international agreement to which the United States is a party.
(d)
(1) an amount is authorized by section 48102(a), (b), or (d) of this title to be made available for the fiscal years ending September 30, 1991, and September 30, 1992; and
(2) a solicitation for bid is issued after November 5, 1990.
(e)
(1) contracts to which this section applies that are made with foreign firms in the fiscal years ending September 30, 1991, and September 30, 1992;
(2) the number of contracts that meet the requirements of subsection (b) of this section, but that the Trade Representative decides would violate the multilateral trade agreements (as defined in section 3501(4) of title 19) or an international agreement to which the United States is a party; and
(3) the number of contracts made under this section.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1298, §49103; renumbered §50103, Pub. L. 104–287, §5(88)(D), Oct. 11, 1996, 110 Stat. 3398; amended Pub. L. 106–36, title I, §1002(i), June 25, 1999, 113 Stat. 134.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 49103(a) | 49 App.:2226d(e). | Nov. 5, 1990, Pub. L. 101–508, §9207, 104 Stat. 1388–375. |
| 49103(b) | 49 App.:2226d(a). | |
| 49103(c) | 49 App.:2226d(b). | |
| 49103(d) | 49 App.:2226d(c). | |
| 49103(e) | 49 App.:2226d(d). |
In subsection (a), the text of 49 App.:2226d(e)(1) is omitted because the complete name of the Administrator of the Federal Aviation Administration is used the first time the term appears in a section.
In subsection (b), before clause (1), the words “Subject to subsections (c) and (d) of this section” are added to alert the reader to the limitations in those subsections. In clause (1), the words “requires making the contract with the domestic firm” are substituted for “so requires” for clarity. The words “considering United States international obligations and trade relations” are substituted for “In determining under this subsection whether the public interest so requires, the Administrator shall take into account United States international obligations and trade relations” to eliminate unnecessary words. In clause (4), the words “when completely assembled” are omitted as surplus. The words “produced in the United States” are substituted for “domestically produced” for consistency with clause (3).
In subsection (c), the words “(1) such applicability would not be in the public interest” are omitted as redundant to subsection (b)(1) of the revised section.
In subsection (e)(1), the words “foreign firms” are substituted for “foreign entities” for consistency in the revised section.
Subsection (e)(3) is substituted for “the number of contracts covered under this subtitle (including the amendments made by this subtitle) and awarded based upon the parameters of this section” to eliminate unnecessary words.
Amendments
1999—Subsecs. (c)(2), (e)(2). Pub. L. 106–36 substituted “multilateral trade agreements (as defined in section 3501(4) of title 19)” for “General Agreement on Tariffs and Trade”.
1996—Pub. L. 104–287 renumbered section 49103 of this title as this section.
§50104. Restriction on airport projects using products or services of foreign countries denying fair market opportunities
(a)
(1) “project” has the same meaning given that term in section 47102 of this title.
(2) each foreign instrumentality and each territory and possession of a foreign country administered separately for customs purposes is a separate foreign country.
(3) an article substantially produced or manufactured in a foreign country is a product of the country.
(4) a service provided by a person that is a national of a foreign country or that is controlled by a national of a foreign country is a service of the country.
(b)
(2) Paragraph (1) of this subsection does not apply when the Secretary of Transportation decides that—
(A) applying paragraph (1) to the product, service, or project is not in the public interest;
(B) a product or service of the same class or type and of satisfactory quality is not produced or offered in the United States, or in a foreign country not listed under subsection (d)(1) of this section, in a sufficient and reasonably available amount; and
(C) the project cost will increase by more than 20 percent if the product or service is excluded.
(c)
(d)
(2) The Trade Representative shall publish in the Federal Register—
(A) annually the list required under paragraph (1) of this subsection; and
(B) any modification of the list made before the next list is published.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1299, §49104; renumbered §50104 and amended Pub. L. 104–287, §5(88)(D), (89), Oct. 11, 1996, 110 Stat. 3398.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 49104(a)(1) | (no source). | |
| 49104(a)(2)– (4) | 49 App.:2226(d). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §533; added Dec. 30, 1987, Pub. L. 100–223, §115, 101 Stat. 1505. |
| 49104(b) | 49 App.:2226(a). | |
| 49104(c) | 49 App.:2226(b). | |
| 49104(d) | 49 App.:2226(c). |
Subsection (a)(1) is added for clarity.
In subsection (b)(1), the words “subchapter I of chapter 471 of this title (except sections 47106(d) and 47127)” are substituted for “Act” in section 533(a)(1) of the Airport and Airway Development Act of 1982, as added by section 115 of the Airport and Airway Safety and Capacity Expansion Act of 1987 (Public Law 100–223, 101 Stat. 1505) to correct a mistake.
In subsection (b)(2), before clause (A), the words “with respect to the use of a product or service in a project” are omitted as surplus. In clause (B), the words “or service” are added for clarity and consistency in this section. In clause (C), the words “overall” and “contract” are omitted as surplus.
In subsection (c), the words “the date which is”, “the date on which”, “or not”, and “and equitable” are omitted as surplus.
In subsection (d)(1), the words “finds under subsection (c) of this section is denying fair market opportunities” are substituted for “with respect to which an affirmative determination is made under subsection (b)” for clarity.
In subsection (d)(2)(A), the word “entire” is omitted as surplus.
Pub. L. 104–287, §5(89)
This makes a clarifying amendment to 49:50101(a) and (b)(3), 50102, 50104(b)(1), and 50105, as redesignated by clause (88)(D) of this section, because 49:47106(d) was struck by section 108(1) of the Federal Aviation Administration Authorization Act of 1994 (Public Law 103–305, 108 Stat. 1573).
Amendments
1996—Pub. L. 104–287, §5(88)(D), renumbered section 49104 of this title as this section.
Subsec. (b)(1). Pub. L. 104–287, §5(89), substituted “section 47127” for “sections 47106(d) and 47127”.
§50105. Fraudulent use of “Made in America” label
If the Secretary of Transportation decides that a person intentionally affixed a “Made in America” label to goods sold in or shipped to the United States that are not made in the United States, the Secretary shall declare the person ineligible, for not less than 3 nor more than 5 years, to receive a contract or grant from the United States Government related to a contract made under section 106(k), 44502(a)(2), or 44509, subchapter I of chapter 471 (except section 47127), or chapter 481 (except sections 48102(e), 48106, 48107, and 48110) of this title or subtitle B of title IX of the Omnibus Budget Reconciliation Act of 1990 (Public Law 101–508, 104 Stat. 1388–353). The Secretary may bring a civil action to enforce this section in any district court of the United States.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1300, §49105; renumbered §50105 and amended Pub. L. 104–287, §5(88)(D), (89), Oct. 11, 1996, 110 Stat. 3398.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 49105 | 49 App.:2226b. | Nov. 5, 1990, Pub. L. 101–508, §9130, 104 Stat. 1388–372; Oct. 31, 1992, Pub. L. 102–581, §118(a), 106 Stat. 4883. |
Pub. L. 104–287, §5(89)
This makes a clarifying amendment to 49:50101(a) and (b)(3), 50102, 50104(b)(1), and 50105, as redesignated by clause (88)(D) of this section, because 49:47106(d) was struck by section 108(1) of the Federal Aviation Administration Authorization Act of 1994 (Public Law 103–305, 108 Stat. 1573).
References in Text
Subtitle B of title IX of the Omnibus Budget Reconciliation Act of 1990, referred to in text, is subtitle B (§§9101–9131) of title IX of Pub. L. 101–508, Nov. 5, 1990, 104 Stat. 1388–353, as amended, known as the Aviation Safety and Capacity Expansion Act of 1990. Sections 9102 to 9105, 9107 to 9112(b), 9113 to 9115, 9118, 9121 to 9123, 9124 “Sec. 613(c)”, 9125, 9127, and 9129 to 9131 of title IX of Pub. L. 101–508 were repealed by Pub. L. 103–272, §7(b), July 5, 1994, 108 Stat. 1379, the first section of which enacted subtitles II, III, and V to X of Title 49, Transportation. For complete classification of this Act to the Code, see Tables. For disposition of sections of former Title 49, Transportation, see table at the beginning of Title 49.
Amendments
1996—Pub. L. 104–287, §5(89), substituted “section 47127” for “sections 47106(d) and 47127”.
Pub. L. 104–287, §5(88)(D), renumbered section 49105 of this title as this section.
SUBTITLE VIII—PIPELINES
CHAPTER 601—SAFETY
Amendments
2006—Pub. L. 109–468, §§2(b)(3), 6(b), 8(b), 12(b), Dec. 29, 2006, 120 Stat. 3489, 3491, 3492, 3495, added items 60134 to 60137.
2002—Pub. L. 107–355, §§6(c), 9(c), 11(b), 13(a)(2), 15(b), 16(b), 20(a)(2)(B), Dec. 17, 2002, 116 Stat. 2993, 2995, 2997, 3001, 3006, 3008, 3010, substituted “Purpose and general authority” for “General authority” in item 60102 and “Population encroachment and rights-of-way” for “Population encroachment” in item 60127 and added items 60129 to 60133.
1996—Pub. L. 104–304, §§5(f)[(b)], 15(c)[(b)], 16(b), 18(b)(2), 20(e), Oct. 12, 1996, 110 Stat. 3800, 3803, 3804, substituted “State pipeline safety program certifications” for “State certifications” in item 60105, “State pipeline safety agreements” for “State agreements” in item 60106, “State pipeline safety grants” for “State grants” in item 60107, and “Biennial reports” for “Annual reports” in item 60124 and added items 60126, 60127, and 60128.
§60101. Definitions
(a)
(1) “existing liquefied natural gas facility”—
(A) means a liquefied natural gas facility for which an application to approve the site, construction, or operation of the facility was filed before March 1, 1978, with—
(i) the Federal Energy Regulatory Commission (or any predecessor); or
(ii) the appropriate State or local authority, if the facility is not subject to the jurisdiction of the Commission under the Natural Gas Act (15 U.S.C. 717 et seq.); but
(B) does not include a facility on which construction is begun after November 29, 1979, without the approval;
(2) “gas” means natural gas, flammable gas, or toxic or corrosive gas;
(3) “gas pipeline facility” includes a pipeline, a right of way, a facility, a building, or equipment used in transporting gas or treating gas during its transportation;
(4) “hazardous liquid” means—
(A) petroleum or a petroleum product; and
(B) a substance the Secretary of Transportation decides may pose an unreasonable risk to life or property when transported by a hazardous liquid pipeline facility in a liquid state (except for liquefied natural gas);
(5) “hazardous liquid pipeline facility” includes a pipeline, a right of way, a facility, a building, or equipment used or intended to be used in transporting hazardous liquid;
(6) “interstate gas pipeline facility” means a gas pipeline facility—
(A) used to transport gas; and
(B) subject to the jurisdiction of the Commission under the Natural Gas Act (15 U.S.C. 717 et seq.);
(7) “interstate hazardous liquid pipeline facility” means a hazardous liquid pipeline facility used to transport hazardous liquid in interstate or foreign commerce;
(8) “interstate or foreign commerce”—
(A) related to gas, means commerce—
(i) between a place in a State and a place outside that State; or
(ii) that affects any commerce described in subclause (A)(i) of this clause; and
(B) related to hazardous liquid, means commerce between—
(i) a place in a State and a place outside that State; or
(ii) places in the same State through a place outside the State;
(9) “intrastate gas pipeline facility” means a gas pipeline facility and transportation of gas within a State not subject to the jurisdiction of the Commission under the Natural Gas Act (15 U.S.C. 717 et seq.);
(10) “intrastate hazardous liquid pipeline facility” means a hazardous liquid pipeline facility that is not an interstate hazardous liquid pipeline facility;
(11) “liquefied natural gas” means natural gas in a liquid or semisolid state;
(12) “liquefied natural gas accident” means a release, burning, or explosion of liquefied natural gas from any cause, except a release, burning, or explosion that, under regulations prescribed by the Secretary, does not pose a threat to public health or safety, property, or the environment;
(13) “liquefied natural gas conversion” means conversion of natural gas into liquefied natural gas or conversion of liquefied natural gas into natural gas;
(14) “liquefied natural gas pipeline facility”—
(A) means a gas pipeline facility used for transporting or storing liquefied natural gas, or for liquefied natural gas conversion, in interstate or foreign commerce; but
(B) does not include any part of a structure or equipment located in navigable waters (as defined in section 3 of the Federal Power Act (16 U.S.C. 796));
(15) “municipality” means a political subdivision of a State;
(16) “new liquefied natural gas pipeline facility” means a liquefied natural gas pipeline facility except an existing liquefied natural gas pipeline facility;
(17) “person”, in addition to its meaning under section 1 of title 1 (except as to societies), includes a State, a municipality, and a trustee, receiver, assignee, or personal representative of a person;
(18) “pipeline facility” means a gas pipeline facility and a hazardous liquid pipeline facility;
(19) “pipeline transportation” means transporting gas and transporting hazardous liquid;
(20) “State” means a State of the United States, the District of Columbia, and Puerto Rico;
(21) “transporting gas”—
(A) means the gathering, transmission, or distribution of gas by pipeline, or the storage of gas, in interstate or foreign commerce; but
(B) does not include the gathering of gas, other than gathering through regulated gathering lines, in those rural locations that are located outside the limits of any incorporated or unincorporated city, town, or village, or any other designated residential or commercial area (including a subdivision, business, shopping center, or community development) or any similar populated area that the Secretary of Transportation determines to be a nonrural area, except that the term “transporting gas” includes the movement of gas through regulated gathering lines;
(22) “transporting hazardous liquid”—
(A) means the movement of hazardous liquid by pipeline, or the storage of hazardous liquid incidental to the movement of hazardous liquid by pipeline, in or affecting interstate or foreign commerce; but
(B) does not include moving hazardous liquid through—
(i) gathering lines in a rural area;
(ii) onshore production, refining, or manufacturing facilities; or
(iii) storage or in-plant piping systems associated with onshore production, refining, or manufacturing facilities;
(23) “risk management” means the systematic application, by the owner or operator of a pipeline facility, of management policies, procedures, finite resources, and practices to the tasks of identifying, analyzing, assessing, reducing, and controlling risk in order to protect employees, the general public, the environment, and pipeline facilities;
(24) “risk management plan” means a management plan utilized by a gas or hazardous liquid pipeline facility owner or operator that encompasses risk management; and
(25) “Secretary” means the Secretary of Transportation.
(b)
(B) In defining “gathering line” for gas, the Secretary—
(i) shall consider functional and operational characteristics of the lines to be included in the definition; and
(ii) is not bound by a classification the Commission establishes under the Natural Gas Act (15 U.S.C. 717 et seq.).
(2)(A) Not later than October 24, 1995, the Secretary, if appropriate, shall prescribe standards defining the term “regulated gathering line”. In defining the term, the Secretary shall consider factors such as location, length of line from the well site, operating pressure, throughput, and the composition of the transported gas or hazardous liquid, as appropriate, in deciding on the types of lines that functionally are gathering but should be regulated under this chapter because of specific physical characteristics.
(B)(i) The Secretary also shall consider diameter when defining “regulated gathering line” for hazardous liquid.
(ii) The definition of “regulated gathering line” for hazardous liquid may not include a crude oil gathering line that has a nominal diameter of not more than 6 inches, is operated at low pressure, and is located in a rural area that is not unusually sensitive to environmental damage.
(Pub. L. 103–272, §§1(e), 4(s), July 5, 1994, 108 Stat. 1301, 1371; Pub. L. 104–287, §5(90), Oct. 11, 1996, 110 Stat. 3398; Pub. L. 104–304, §§3, 20(f), Oct. 12, 1996, 110 Stat. 3793, 3805; Pub. L. 109–468, §7, Dec. 29, 2006, 120 Stat. 3491.)
Amendment of Subsection (a)(21) and (22)
Pub. L. 103–272, §4(s), July 5, 1994, 108 Stat. 1371, provided that, effective on the date the regulations required under subsec. (b) of this section are effective, subsection (a)(21) and (22) of this section is amended to read as follows:
(21) “transporting gas”—
(A) means—
(i) the gathering, transmission, or distribution of gas by pipeline, or the storage of gas, in interstate or foreign commerce; and
(ii) the movement of gas through regulated gathering lines; but
(B) does not include gathering gas (except through regulated gathering lines) in a rural area outside a populated area designated by the Secretary as a nonrural area.
(22) “transporting hazardous liquid”—
(A) means—
(i) the movement of hazardous liquid by pipeline, or the storage of hazardous liquid incidental to the movement of hazardous liquid by pipeline, in or affecting interstate or foreign commerce; and
(ii) the movement of hazardous liquid through regulated gathering lines; but
(B) does not include moving hazardous liquid through—
(i) gathering lines (except regulated gathering lines) in a rural area;
(ii) onshore production, refining, or manufacturing facilities; or
(iii) storage or in-plant piping systems associated with onshore production, refining, or manufacturing facilities.
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60101(a)(1) | 49 App.:1671(10). | Aug. 12, 1968, Pub. L. 90–481, §2(10), 82 Stat. 720; Oct. 11, 1976, Pub. L. 94–477, §3(2), 90 Stat. 2073; Nov. 30, 1979, Pub. L. 96–129, §151, 93 Stat. 998. |
| 49 App.:1671(14). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §2(11)–(17); added Nov. 30, 1979, Pub. L. 96–129, §151, 93 Stat. 998. | |
| 49 App.:2001(11). | Nov. 30, 1979, Pub. L. 96–129, §202(1)–(4) (1st–27th words), (5)–(9), (11), 93 Stat. 1003, 1004. | |
| 60101(a)(2) | 49 App.:1671(2). | Aug. 12, 1968, Pub. L. 90–481, §2(1), (2), (4) (1st–32d words), (5), (6), 82 Stat. 720. |
| 60101(a)(3) | 49 App.:1671(4) (1st–32d words). | |
| 60101(a)(4) | 49 App.:2001(2). | |
| 60101(a)(5) | 49 App.:2001(4) (1st–27th words). | |
| 60101(a)(6) | 49 App.:1671(8). | Aug. 12, 1968, Pub. L. 90–481, §2(8), 82 Stat. 720; Oct. 11, 1976, Pub. L. 94–477, §3(1), 90 Stat. 2073; Nov. 30, 1979, Pub. L. 96–129, §109(b) (related to §2(8)), 93 Stat. 996. |
| 60101(a)(7) | 49 App.:2001(5). | |
| 60101(a) (8)(A) | 49 App.:1671(17). | |
| 60101(a) (8)(B) | 49 App.:2001(7). | |
| 60101(a)(9) | 49 App.:1671(9). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §2(9); added Oct. 11, 1976, Pub. L. 94–477, §3(2), 90 Stat. 2073; Nov. 30, 1979, Pub. L. 96–129, §§109(b) (related to §2(9)), 151, 93 Stat. 996, 998. |
| 60101(a)(10) | 49 App.:2001(6). | |
| 60101(a)(11) | 49 App.:1671(11). | |
| 60101(a)(12) | 49 App.:1671(16). | |
| 60101(a)(13) | 49 App.:1671(13). | |
| 60101(a)(14) | 49 App.:1671(12). | |
| 60101(a)(15) | 49 App.:1671(6). | |
| 49 App.:2001(9). | ||
| 60101(a)(16) | 49 App.:1671(15). | |
| 60101(a)(17) | 49 App.:1671(1). | |
| 49 App.:2001(1). | ||
| 60101(a)(18), (19) | (no source). | |
| 60101(a)(20) | 49 App.:1671(5). | |
| 49 App.:2001(8). | ||
| 60101(a)(21) | 49 App.:1671(3). | Aug. 12, 1968, Pub. L. 90–481, §2(3), 82 Stat. 720; Nov. 30, 1979, Pub. L. 96–129, §152(b)(1), 93 Stat. 1001. |
| 60101(a)(22) | 49 App.:2001(3). | |
| 60101(b) | 49 App.:1688. | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §21; added Oct. 24, 1992, Pub. L. 102–508, §109(b), 106 Stat. 3295. |
| 49 App.:2016. | Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989, §220; added Oct. 24, 1992, Pub. L. 102–508, §208(b), 106 Stat. 3303. |
In this chapter, the words “liquefied natural gas” are substituted for “LNG” for clarity. The word “authority” is substituted for “agency” for consistency in the revised title and with other titles of the United States Code. The words “gas” and “hazardous liquid” are added where applicable because of the restatement.
In subsection (a), before clause (1), the text of 49 App.:1671(10) and 2001(11) is omitted because the complete name of the Secretary of Transportation is used the first time the term appears in a section. The words “As used” are omitted as surplus. In clause (1)(A), the words “Federal Energy Regulatory Commission” and “Commission” are substituted for “Department of Energy” because under 42:7171(a) and 7172(a)(1) the Commission is statutorily independent of the Department and has the responsibility for siting, construction, and operating applications. In clauses (3) and (5), the words “without limitation, new and existing” are omitted as surplus. In clause (4)(B), the words “or material” are omitted as surplus. In clause (6), before subclause (A), the word “pipeline” is substituted for “transmission” for clarity and consistency. In clause (8)(A), before subclause (i), the words “trade, traffic, transportation, exchange, or other” are omitted as surplus. In subclause (ii), the words “trade, transportation, exchange, or other” are omitted as surplus. In clause (8)(B), the word “place” is substituted for “point” for clarity and consistency in the revised title. In clause (9), before subclause (A), the word “facility” is substituted for “transportation” for clarity and consistency. In clause (12), the words “resulting from” and the text of 49 App.:1671(16)(A)–(D) are omitted as surplus. In clause (13), the words “(liquefaction or solidification)” and “(vaporization)” are omitted as surplus. In clauses (14) and (16), the word “pipeline” is added for clarity. In clause (15), the words “city, county, or any other” are omitted as surplus. In clause (17), the words “in addition to its meaning under section 1 of title 1 (except as to societies)” are substituted for “any individual, firm, joint venture, partnership, corporation, association . . . cooperative association, or joint stock association” to eliminate unnecessary words, for clarity, and for consistency in the revised title and with other titles of the Code. Clauses (18) and (19) are added because of the restatement. In clause (20), the words “of the United States” are substituted for “of the several” for consistency in the revised title and with other titles of the Code. In clause (21)(B), the words “outside a populated area” are substituted for “which lie outside the limits of any incorporated or unincorporated city, town, village, or any other designated residential or commercial area such as a subdivision, a business or shopping center, a community development, or any similar populated area” to eliminate unnecessary words. In clause (22)(B)(i), the word “area” is substituted for “locations” for consistency.
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60101(a)(21), (22) | 49 App.:1671 (note). | Oct. 24, 1992, Pub. L. 102–508, §109(a), 106 Stat. 3294. |
| 49 App.:2001 (note). | Oct. 24, 1992, Pub. L. 102–508, §208(a), 106 Stat. 3303. |
Section 4(s) reflects an amendment to the restatement required by sections 109(a) and 208(a) of the Pipeline Safety Act of 1992 (Public Law 102–508, 106 Stat. 3294, 3303).
Pub. L. 104–287
This amends 49:60101 for consistency with the style of title 49.
References in Text
The Natural Gas Act, referred to in subsecs. (a)(1)(A)(ii), (6)(B), (9) and (b)(1)(B)(ii), is act June 21, 1938, ch. 556, 52 Stat. 821, which is classified generally to chapter 15B (§717 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see section 717w of Title 15 and Tables.
Amendments
2006—Subsec. (a)(6). Pub. L. 109–468, §7(1), added par. (6) and struck out former par. (6) which defined “interstate gas pipeline facility”.
Subsec. (a)(9). Pub. L. 109–468, §7(2), added par. (9) and struck out former par. (9) which defined “intrastate gas pipeline facility”.
1996—Subsec. (a). Pub. L. 104–287 inserted heading.
Subsec. (a)(1) to (20). Pub. L. 104–304, §3(a)(1), substituted semicolon for period at end of pars. (1) to (20).
Subsec. (a)(21)(B). Pub. L. 104–304, §3(a)(2), added subpar. (B) and struck out former subpar. (B) which read as follows: “does not include gathering gas in a rural area outside a populated area designated by the Secretary as a nonrural area;”.
Pub. L. 104–304, §3(a)(1), substituted semicolon for period at end.
Subsec. (a)(22). Pub. L. 104–304, §3(a)(1), substituted semicolon for period at end.
Subsec. (a)(23) to (25). Pub. L. 104–304, §3(a)(3), added pars. (23) to (25).
Subsec. (b)(1)(A). Pub. L. 104–304, §20(f), substituted “prescribe standards defining” for “define by regulation”.
Subsec. (b)(2)(A). Pub. L. 104–304, §§3(b), 20(f), inserted “, if appropriate,” after “Not later than October 24, 1995, the Secretary” and substituted “prescribe standards defining” for “define by regulation”.
Effective Date of 1994 Amendment
Section 4(s) of Pub. L. 103–272 provided that the amendment made by that section is effective on the date the regulation required under subsec. (b) of this section is effective.
Short Title of 2006 Amendment
Pub. L. 109–468, §1(a), Dec. 29, 2006, 120 Stat. 3486, provided that: “This Act [enacting sections 6109 and 60134 to 60137 of this title, amending this section and sections 6107, 60102, 60105, 60107, 60109, 60114, 60117, 60118, 60122, 60125, and 60130 of this title, enacting provisions set out as notes under this section and sections 60102 and 60117 of this title, and amending provisions set out as a note under this section] may be cited as the ‘Pipeline Inspection, Protection, Enforcement, and Safety Act of 2006’.”
Short Title of 2002 Amendment
Pub. L. 107–355, §1(a), Dec. 17, 2002, 116 Stat. 2985, provided that: “This Act [enacting sections 60129 to 60133 of this title, amending sections 6103 to 6105, 6107, 60102, 60104, 60106, 60109, 60110, 60112, 60114 to 60118, 60120, 60122, 60123, 60125, and 60127 of this title, and enacting provisions set out as notes under sections 1135, 60101, 60102, 60108, 60109, 60114, 60122, and 60131 of this title and section 717m of Title 15, Commerce and Trade] may be cited as the ‘Pipeline Safety Improvement Act of 2002’.”
Short Title of 1996 Amendment
Section 1 of Pub. L. 104–304 provided that: “This Act [enacting sections 60126 to 60128 of this title, amending this section and sections 60102, 60105 to 60110, 60113 to 60118, 60123 to 60125 of this title, and enacting provisions set out as a note under section 60301 of this title] may be cited as the ‘Accountable Pipeline Safety and Partnership Act of 1996’.”
Transfer of Functions
For transfer of duties, powers, and authority of Research and Special Programs Administration under this chapter to the Administrator of the Pipeline and Hazardous Materials Safety Administration, see section 2(b) of Pub. L. 108–426, set out as a note under section 108 of this title.
Technical Assistance Program
Pub. L. 109–468, §24, Dec. 29, 2006, 120 Stat. 3500, provided that:
“(a)
“(b)
“(1) communication of national, State, and local safety information to pipeline operators;
“(2) distribution of technical resources and training to support current and future Federal mandates; and
“(3) evaluation of program outcomes.
“(c)
“(1) safety and security of pipeline systems;
“(2) incident and risk management for such systems;
“(3) integrity management for such systems;
“(4) consequence modeling for such systems;
“(5) detection of encroachments and monitoring of rights-of-way for such systems; and
“(6) vulnerability assessment of such systems at both project and national levels.
“(d)
“(1)
“(2)
“(e)
Pipeline Integrity, Safety, and Reliability Research and Development
Pub. L. 107–355, §12, Dec. 17, 2002, 116 Stat. 2997, as amended by Pub. L. 109–468, §26, Dec. 29, 2006, 120 Stat. 3501, provided that:
“(a)
“(b)
“(1)
“(2)
“(c)
“(1) materials inspection;
“(2) stress and fracture analysis, detection of cracks, abrasion, and other abnormalities inside pipelines that lead to pipeline failure, and development of new equipment or technologies that are inserted into pipelines to detect anomalies;
“(3) internal inspection and leak detection technologies, including detection of leaks at very low volumes;
“(4) methods of analyzing content of pipeline throughput;
“(5) pipeline security, including improving the real-time surveillance of pipeline rights-of-way, developing tools for evaluating and enhancing pipeline security and infrastructure, reducing natural, technological, and terrorist threats, and protecting first response units and persons near an incident;
“(6) risk assessment methodology, including vulnerability assessment and reduction of third-party damage;
“(7) communication, control, and information systems surety;
“(8) fire safety of pipelines;
“(9) improved excavation, construction, and repair technologies;
“(10) corrosion detection and improving methods, best practices, and technologies for identifying, detecting, preventing, and managing internal and external corrosion and other safety risks; and
“(11) other appropriate elements.
The results of activities carried out under paragraph (10) shall be used by the participating agencies to support development and improvement of national consensus standards.
“(d)
“(1)
“(2)
“(e)
“(f)
“(g)
§60102. Purpose and general authority
(a)
(1)
(2)
(A) apply to owners and operators of pipeline facilities;
(B) may apply to the design, installation, inspection, emergency plans and procedures, testing, construction, extension, operation, replacement, and maintenance of pipeline facilities; and
(C) shall include a requirement that all individuals who operate and maintain pipeline facilities shall be qualified to operate and maintain the pipeline facilities.
(3)
(b)
(1)
(A) practicable; and
(B) designed to meet the need for—
(i) gas pipeline safety, or safely transporting hazardous liquids, as appropriate; and
(ii) protecting the environment.
(2)
(A) relevant available—
(i) gas pipeline safety information;
(ii) hazardous liquid pipeline safety information; and
(iii) environmental information;
(B) the appropriateness of the standard for the particular type of pipeline transportation or facility;
(C) the reasonableness of the standard;
(D) based on a risk assessment, the reasonably identifiable or estimated benefits expected to result from implementation or compliance with the standard;
(E) based on a risk assessment, the reasonably identifiable or estimated costs expected to result from implementation or compliance with the standard;
(F) comments and information received from the public; and
(G) the comments and recommendations of the Technical Pipeline Safety Standards Committee, the Technical Hazardous Liquid Pipeline Safety Standards Committee, or both, as appropriate.
(3)
(A) identify the regulatory and nonregulatory options that the Secretary considered in prescribing a proposed standard;
(B) identify the costs and benefits associated with the proposed standard;
(C) include—
(i) an explanation of the reasons for the selection of the proposed standard in lieu of the other options identified; and
(ii) with respect to each of those other options, a brief explanation of the reasons that the Secretary did not select the option; and
(D) identify technical data or other information upon which the risk assessment information and proposed standard is based.
(4)
(A)
(i) submit any risk assessment information prepared under paragraph (3) of this subsection to the Technical Pipeline Safety Standards Committee, the Technical Hazardous Liquid Pipeline Safety Standards Committee, or both, as appropriate; and
(ii) make that risk assessment information available to the general public.
(B)
(i) an evaluation of the merit of the data and methods used; and
(ii) any recommended options relating to that risk assessment information and the associated standard that the committee determines to be appropriate.
(C)
(i) shall review the report;
(ii) shall provide a written response to the committee that is the author of the report concerning all significant peer review comments and recommended alternatives contained in the report; and
(iii) may revise the risk assessment and the proposed standard before promulgating the final standard.
(5)
(6)
(A) the standard is the product of a negotiated rulemaking, or other rulemaking including the adoption of industry standards that receives no significant adverse comment within 60 days of notice in the Federal Register;
(B) based on a recommendation (in which three-fourths of the members voting concur) by the Technical Pipeline Safety Standards Committee, the Technical Hazardous Liquid Pipeline Safety Standards Committee, or both, as applicable, the Secretary waives the requirements; or
(C) the Secretary finds, pursuant to section 553(b)(3)(B) of title 5, United States Code, that notice and public procedure are not required.
(7)
(A) describes the implementation of the risk assessment requirements of this section, including the extent to which those requirements have affected regulatory decisionmaking and pipeline safety; and
(B) includes any recommendations that the Secretary determines would make the risk assessment process conducted pursuant to the requirements under this chapter a more effective means of assessing the benefits and costs associated with alternative regulatory and nonregulatory options in prescribing standards under the Federal pipeline safety regulatory program under this chapter.
(c)
(A) notifies an operator of proposed demolition, excavation, tunneling, or construction near or affecting the facility;
(B) requires an operator to identify a pipeline facility that may be affected by the proposed demolition, excavation, tunneling, or construction, to prevent damaging the facility; and
(C) the Secretary decides will protect a facility adequately against a hazard caused by demolition, excavation, tunneling, or construction.
(2) To the extent a public safety program referred to in paragraph (1) of this subsection is not available, the Secretary shall prescribe standards requiring an operator to take action the Secretary prescribes to provide services comparable to services that would be available under a public safety program.
(3) The Secretary may include in the standards prescribed under subsection (a) of this section a requirement that an operator of a hazardous liquid pipeline facility participate in a public safety program meeting the requirements of paragraph (1) of this subsection or maintain and carry out a damage prevention program that provides services comparable to services that would be available under a public safety program.
(4)
(A) Not later than one year after the date of enactment of the Accountable Pipeline Safety and Accountability Act of 1996,2 and annually thereafter, the owner or operator of each interstate gas pipeline facility shall provide to the governing body of each municipality in which the interstate gas pipeline facility is located, a map identifying the location of such facility.
(B)(i) Not later than June 1, 1998, the Secretary shall survey and assess the public education programs under section 60116 and the public safety programs under section 60102(c) and determine their effectiveness and applicability as components of a model program. In particular, the survey shall include the methods by which operators notify residents of the location of the facility and its right of way, public information regarding existing One-Call programs, and appropriate procedures to be followed by residents of affected municipalities in the event of accidents involving interstate gas pipeline facilities.
(ii) Not later than one year after the survey and assessment are completed, the Secretary shall institute a rulemaking to determine the most effective public safety and education program components and promulgate if appropriate, standards implementing those components on a nationwide basis. In the event that the Secretary finds that promulgation of such standards are not appropriate, the Secretary shall report to Congress the reasons for that finding.
(d)
(1) the business name, address, and telephone number, including an operations emergency telephone number, of the operator;
(2) accurate maps and a supplementary geographic description, including an identification of areas described in regulations prescribed under section 60109 of this title, that show the location in the State of—
(A) major gas pipeline facilities of the operator, including transmission lines and significant distribution lines; and
(B) major hazardous liquid pipeline facilities of the operator;
(3) a description of—
(A) the characteristics of the operator's pipelines in the State; and
(B) products transported through the operator's pipelines in the State;
(4) the manual that governs operating and maintaining pipeline facilities in the State;
(5) an emergency response plan describing the operator's procedures for responding to and containing releases, including—
(A) identifying specific action the operator will take on discovering a release;
(B) liaison procedures with State and local authorities for emergency response; and
(C) communication and alert procedures for immediately notifying State and local officials at the time of a release; and
(6) other information the Secretary considers useful to inform a State of the presence of pipeline facilities and operations in the State.
(e)
(1) for a gas pipeline facility, shall include an identification of each facility passing through an area described in regulations prescribed under section 60109 of this title but shall exclude equipment used with the compression of gas; and
(2) for a hazardous liquid pipeline facility, shall include an identification of each facility and gathering line passing through an area described in regulations prescribed under section 60109 of this title, whether the facility or gathering line otherwise is subject to this chapter, but shall exclude equipment associated only with the pipeline pumps or storage facilities.
(f)
(1)
(A) the design and construction of new natural gas transmission pipeline or hazardous liquid pipeline facilities, and
(B) when the replacement of existing natural gas transmission pipeline or hazardous liquid pipeline facilities or equipment is required, the replacement of such existing facilities be carried out, to the extent practicable, in a manner so as to accommodate the passage through such natural gas transmission pipeline or hazardous liquid pipeline facilities of instrumented internal inspection devices (commonly referred to as “smart pigs”). The Secretary may extend such standards to require existing natural gas transmission pipeline or hazardous liquid pipeline facilities, whose basic construction would accommodate an instrumented internal inspection device to be modified to permit the inspection of such facilities with instrumented internal inspection devices.
(2)
(g)
(h)
(A) condition that is a hazard to life, property, or the environment; and
(B) safety-related condition that causes or has caused a significant change or restriction in the operation of a pipeline facility.
(2) The Secretary must receive the report not later than 5 working days after a representative of a person to which this section applies first establishes that the condition exists. Notice of the condition shall be given concurrently to appropriate State authorities.
(i)
(j)
(2) Not later than 2 years after the survey and assessment are completed, the Secretary shall prescribe standards on the circumstances under which an operator of a hazardous liquid pipeline facility must use an emergency flow restricting device or other procedure, system, or equipment described in paragraph (1) of this subsection on the facility.
(3)
(B) Not later than one year after the survey and assessment are completed, if the Secretary has determined that the use of remotely controlled valves is technically and economically feasible and would reduce risks associated with a rupture of an interstate natural gas pipeline facility, the Secretary shall prescribe standards under which an operator of an interstate natural gas pipeline facility must use a remotely controlled valve. These standards shall include, but not be limited to, requirements for high-density population areas.
(k)
(1)
(2)
(3)
(A) are subject to safety regulations of the United States Coast Guard; or
(B) serve refining, manufacturing, or truck, rail, or vessel terminal facilities if the pipeline is less than 1 mile long (measured outside the facility grounds) and does not cross an offshore area or a waterway currently used for commercial navigation,
until regulations issued under paragraph (1) become effective. After such regulations become effective, the Secretary may retain or remove those exceptions as appropriate.
(4)
(5)
(6)
(l)
(m)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1304; Pub. L. 104–304, §§4, 20(g), Oct. 12, 1996, 110 Stat. 3794, 3805; Pub. L. 107–355, §§20(a)(1), (2)(A), 23, Dec. 17, 2002, 116 Stat. 3009, 3011; Pub. L. 109–468, §4, Dec. 29, 2006, 120 Stat. 3490.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60102(a)(1) | 49 App.:1672(a)(1) (1st, 2d sentences). | Aug. 12, 1968, Pub. L. 90–481, §3(a)(1) (1st, 2d, 7th, 8th sentences), 82 Stat. 721; Oct. 11, 1976, Pub. L. 94–477, §4(1), 90 Stat. 2073; Nov. 30, 1979, Pub. L. 96–129, §§101(a), 109(c)–(e), 93 Stat. 990, 996; Oct. 24, 1992, Pub. L. 102–508, §101(a)(1), (2), 106 Stat. 3290. |
| 49 App.:1672(a)(1) (3d sentence). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §3(a)(1) (3d sentence); added Oct. 31, 1988, Pub. L. 100–561, §101, 102 Stat. 2806; Oct. 24, 1992, Pub. L. 102–508, §106(1), 102 Stat. 3293. | |
| 49 App.:2002(a)(1) (1st, 2d sentences). | Nov. 30, 1979, Pub. L. 96–129, 203(a)(1), 93 Stat. 1004; Oct. 22, 1986, Pub. L. 99–516, §3(b)(1)(A), 100 Stat. 2966; Oct. 24, 1992, Pub. L. 102–508, §201(a)(1), 106 Stat. 3299. | |
| 49 App.:2002(c) (1st sentence). | Nov. 30, 1979, Pub. L. 96–129, §203(c) (1st sentence), (e), (f), 93 Stat. 1004. | |
| 49 App.:2002(c) (2d sentence). | Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989, §203(c) (2d sentence); added Oct. 31, 1988, Pub. L. 100–561, §201, 102 Stat. 2809; Oct. 24, 1992, Pub. L. 102–508, §205(1), 106 Stat. 3302. | |
| 60102(a)(2) | 49 App.:1672(a)(1) (4th, 5th sentences). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §3(a)(1) (4th, 5th sentences); added Oct. 24, 1992, Pub. L. 102–508, §106(2), 102 Stat. 3293. |
| 49 App.:2002(c) (3d, 4th sentences). | Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989, §203(c) (3d, 4th sentences); added Oct. 24, 1992, Pub. L. 102–508, §205(2), 106 Stat. 3302. | |
| 60102(b) | 49 App.:1672(a)(1) (7th, 8th sentences). | |
| 49 App.:2002(a)(1) (last sentence). | ||
| 49 App.:2002(b) (1st sentence). | Nov. 30, 1979, Pub. L. 96–129, §203(b) (1st sentence), 93 Stat. 1004; Oct. 24, 1992, Pub. L. 102–508, §201(a)(3), 106 Stat. 3300. | |
| 60102(c)(1), (2) | 49 App.:1672(a)(2). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §3(a)(2); added Nov. 30, 1979, Pub. L. 96–129, §§101(a), 109(c), 93 Stat. 990, 996. |
| 60102(c)(3) | 49 App.:2002(e). | |
| 60102(d) | 49 App.:1672(e). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §3(e); added Oct. 31, 1988, Pub. L. 100–561, §102, 102 Stat. 2806; Oct. 24, 1992, Pub. L. 102–508, §102(b), 106 Stat. 3291. |
| 49 App.:2002(i). | Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989, §203(i); added Oct. 31, 1988, Pub. L. 100–561, §202, 102 Stat. 2810; Oct. 24, 1992, Pub. L. 102–508, §202(b), 106 Stat. 3301. | |
| 60102(e) | 49 App.:1672(f). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §3(f); added Oct. 31, 1988, Pub. L. 100–561, §102, 102 Stat. 2806; Oct. 24, 1992, Pub. L. 102–508, §102(a)(1), 106 Stat. 3290. |
| 49 App.:2002(j). | Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989, §203(j); added Oct. 31, 1988, Pub. L. 100–561, §202, 102 Stat. 2810; Oct. 24, 1992, Pub. L. 102–508, §202(a)(1), 106 Stat. 3300. | |
| 60102(f) | 49 App.:1672(g). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §3(g); added Oct. 31, 1988, Pub. L. 100–561, §108(b), 102 Stat. 2808; Oct. 24, 1992, Pub. L. 102–508, §103, 106 Stat. 3291. |
| 49 App.:2002(k). | Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989, §203(k); added Oct. 31, 1988, Pub. L. 100–561, §207(b), 102 Stat. 2812; Oct. 24, 1992, Pub. L. 102–508, §203, 106 Stat. 3301. | |
| 60102(g) | 49 App.:1672(b). | Aug. 12, 1968, Pub. L. 90–481, §3(b), 82 Stat. 721; Nov. 30, 1979, Pub. L. 96–129, §109(c), (f), 93 Stat. 996. |
| 49 App.:2002(f). | ||
| 60102(h) | 49 App.:1672(a)(3). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §3(a)(3); added Oct. 22, 1986, Pub. L. 99–516, §3(a)(1), 100 Stat. 2965; Oct. 24, 1992, Pub. L. 102–508, §101(a)(3), 106 Stat. 3290. |
| 49 App.:2002(a)(2). | Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989, §203(a)(2); added Oct. 22, 1986, Pub. L. 99–516, §3(b)(1)(B), 100 Stat. 2966; Oct. 24, 1992, Pub. L. 102–508, §201(a)(2), 106 Stat. 3300. | |
| 60102(i) | 49 App.:2015. | Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989, §219; added Oct. 31, 1988, Pub. L. 100–561, §211(a), 102 Stat. 2813. |
| 49 App.:2015 (note). | Oct. 31, 1988, Pub. L. 100–561, §211(c), 102 Stat. 2813. | |
| 60102(j) | 49 App.:2002(n). | Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989, §203(n); added Oct. 24, 1992, Pub. L. 102–508, §212, 106 Stat. 3304. |
| 60102(k) | 49 App.:2002(b) (last sentence). | Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989, §203(b) (last sentence); added Oct. 24, 1992, Pub. L. 102–508, §206, 106 Stat. 3302. |
In this section, the word “Federal” is omitted as surplus.
In subsection (a)(1), before clause (A), the word “prescribe” is substituted for “by regulation, establish” for consistency in the revised title and with other titles of the United States Code. Standards are made applicable to transporters of gas and to owners and operators of gas pipeline facilities because of 49 App.:1677(a)(1), restated in section 60118 of the revised title.
In subsection (b), before clause (1), the words “Except as provided in section 60103 of this title” are added for clarity. In clause (3), the word “proposed” is omitted as surplus.
In subsection (c)(1), before clause (A), the words “Not later than 12 months after November 30, 1979” are omitted as executed. The word “gas” is added because of the restatement. In clause (B), the word “specific” is omitted as surplus. In clause (C), the words “will protect” are substituted for “is being carried out in a manner . . . to assure protection” to eliminate unnecessary words.
In subsection (c)(2) and (3), the words “to the public with respect to that operator's pipeline facilities which are” are omitted as surplus.
In subsection (c)(2), the word “prescribe” is substituted for “provide” for consistency in the revised title and with other titles of the Code.
In subsection (c)(3), the words “participate in a public safety program meeting the requirements of paragraph (1) of this subsection” are substituted for 49 App.:2002(e)(1) to eliminate unnecessary words.
In subsection (d), before clause (1), the words “Not later than 1 year after October 31, 1988” are omitted as obsolete. The word “prescribe” is substituted for “establish by regulation” for consistency in the revised title and with other titles of the Code. The word “maintain” is substituted for “provide, and revise as necessary” and “completed and maintained” to eliminate unnecessary words. The words “as the case may be” are omitted as surplus. In clause (2), before subclause (A), the words “map or” and “appropriate” are omitted as surplus. In clause (5)(B), the word “government” is omitted as surplus and for consistency in this chapter. In clause (6), the words “and necessary” are omitted as surplus.
In subsections (e) and (f), the word “prescribe” is substituted for “by regulation, establish” for consistency in the revised title and with other titles of the Code.
In subsection (e), before clause (1), the words “not later than 1 year after October 31, 1988” are omitted as obsolete. The words “complete and” and “and to revise as appropriate thereafter” are omitted as surplus.
In subsections (e)(2) and (k), the words “regulation under” are omitted as surplus.
In subsection (g), the words “and amendments thereto” and “recited” are omitted as surplus. The word “different” is substituted for “earlier or later” to eliminate unnecessary words. The words “or amending” are omitted as surplus.
In subsection (h)(1), before clause (A), the words “Not later than 12 months after October 22, 1986” are omitted as obsolete.
In subsection (i), the words “In addition to hazardous liquids”, “under this chapter”, and “as necessary and appropriate” are omitted as surplus.
In subsection (k), the words “In exercising any discretion under this chapter” are omitted as surplus. The word “because” is substituted for “on the basis of the fact that” to eliminate unnecessary words.
References in Text
The date of enactment of the Accountable Pipeline Safety and Accountability Act of 1996, referred to in subsec. (c)(4)(A), probably means the date of enactment of the Accountable Pipeline Safety and Partnership Act of 1996, Pub. L. 104–304, which amended this section and was approved Oct. 12, 1996.
The date of the enactment of this subsection, referred to in subsec. (m), is the date of enactment of Pub. L. 107–355, which was approved Dec. 17, 2002.
Amendments
2006—Subsec. (k). Pub. L. 109–468 amended heading and text of subsec. (k) generally. Prior to amendment, text read as follows: “The Secretary may not provide an exception to this chapter for a hazardous liquid pipeline facility only because the facility operates at low internal stress.”
2002—Pub. L. 107–355, §20(a)(2)(A), substituted “Purpose and general authority” for “General authority” in section catchline.
Subsec. (a). Pub. L. 107–355, §20(a)(1), inserted subsec. heading, added par. (1), redesignated former par. (1) as (2), realigned margins, and substituted “
Subsec. (m). Pub. L. 107–355, §23, added subsec. (m).
1996—Subsec. (a)(1)(A). Pub. L. 104–304, §4(a)(1), struck out “transporters of gas and hazardous liquid and to” after “apply to”.
Subsec. (a)(1)(C). Pub. L. 104–304, §4(a)(2), added subpar. (C) and struck out former subpar. (C) which read as follows: “shall include a requirement that all individuals responsible for the operation and maintenance of pipeline facilities be tested for qualifications and certified to operate and maintain those facilities.”
Subsec. (a)(2). Pub. L. 104–304, §4(a)(3), added par. (2) and struck out former par. (2) which read as follows: “As the Secretary considers appropriate, the operator of a pipeline facility may make the certification under paragraph (1)(C) of this subsection. Testing and certification under paragraph (1)(C) shall address the ability to recognize and react appropriately to abnormal operating conditions that may indicate a dangerous situation or a condition exceeding design limits.”
Subsec. (b). Pub. L. 104–304, §4(b), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “A standard prescribed under subsection (a) of this section shall be practicable and designed to meet the need for gas pipeline safety, for safely transporting hazardous liquid, and for protecting the environment. Except as provided in section 60103 of this title, when prescribing the standard the Secretary shall consider—
“(1) relevant available—
“(A) gas pipeline safety information; or
“(B) hazardous liquid pipeline information;
“(2) the appropriateness of the standard for the particular type of pipeline transportation or facility;
“(3) the reasonableness of the standard; and
“(4) the extent to which the standard will contribute to public safety and the protection of the environment.”
Subsec. (c)(4). Pub. L. 104–304, §4(g), added par. (4).
Subsec. (d). Pub. L. 104–304, §4(c), inserted “as required by the standards prescribed under this chapter” after “operating the facility”, substituted “to make the information available” for “to provide the information”, and inserted “as determined by the Secretary” after “to the Secretary and an appropriate State official”.
Subsec. (e). Pub. L. 104–304, §4(d)(2), substituted “transportation” for “transmission” in introductory provisions.
Pub. L. 104–304, §4(d)(1), in introductory provisions, directed striking out “and, to the extent the Secretary considers necessary, an operator of a gathering line that is not a regulated gather line (as defined under section 60101(b)(2) of this title),” after “subject to this chapter”, which was executed by striking out text which read in part “regulated gathering line” instead of “regulated gather line”, to reflect the probable intent of Congress.
Subsec. (f)(1). Pub. L. 104–304, §4(e)(1), added heading and text of par. (1) and struck out former par. (1) which read as follows: “The Secretary shall prescribe minimum safety standards requiring that the design and construction of a new gas pipeline transmission facility or hazardous liquid pipeline facility, and the required replacement of an existing gas pipeline transmission facility, hazardous liquid pipeline facility, or equipment, be carried out, to the extent practicable, in a way that accommodates the passage through the facility of an instrumented internal inspection device (commonly referred to as a ‘smart pig’). The Secretary may apply the standard to an existing gas or hazardous liquid transmission facility and require the facility to be changed to allow the facility to be inspected with an instrumented internal inspection device if the basic construction of the facility will accommodate the device.”
Subsec. (f)(2). Pub. L. 104–304, §§4(e)(2), 20(g), inserted heading, realigned margins, inserted “, if necessary, additional” after “the Secretary shall prescribe”, and substituted “standards” for “regulations” in two places.
Subsecs. (i), (j)(2). Pub. L. 104–304, §20(g), substituted “standards” for “regulations”.
Subsec. (j)(3). Pub. L. 104–304, §4(h), added par. (3).
Subsec. (l). Pub. L. 104–304, §4(f), added subsec. (l).
Standards To Implement NTSB Recommendations
Pub. L. 109–468, §19, Dec. 29, 2006, 120 Stat. 3498, provided that: “Not later than June 1, 2008, the Secretary of Transportation shall issue standards that implement the following recommendations contained in the National Transportation Safety Board's report entitled ‘Supervisory Control and Data Acquisition (SCADA) in Liquid Pipelines’ and adopted November 29, 2005:
“(1) Implementation of the American Petroleum Institute's Recommended Practice 165 for the use of graphics on the supervisory control and data acquisition screens.
“(2) Implementation of a standard for pipeline companies to review and audit alarms on monitoring equipment.
“(3) Implementation of standards for pipeline controller training that include simulator or noncomputerized simulations for controller recognition of abnormal pipeline operating conditions, in particular, leak events.”
State Pipeline Safety Advisory Committees
Pub. L. 107–355, §24, Dec. 17, 2002, 116 Stat. 3011, provided that: “Within 90 days after receiving recommendations for improvements to pipeline safety from an advisory committee appointed by the Governor of any State, the Secretary of Transportation shall respond in writing to the committee setting forth what action, if any, the Secretary will take on those recommendations and the Secretary's reasons for acting or not acting upon any of the recommendations.”
1 So in original. Probably should not be capitalized.
2 See References in Text note below.
§60103. Standards for liquefied natural gas pipeline facilities
(a)
(1) kind and use of the facility;
(2) existing and projected population and demographic characteristics of the location;
(3) existing and proposed land use near the location;
(4) natural physical aspects of the location;
(5) medical, law enforcement, and fire prevention capabilities near the location that can cope with a risk caused by the facility; and
(6) need to encourage remote siting.
(b)
(1) the characteristics of material to be used in constructing the facility and of alternative material;
(2) design factors;
(3) the characteristics of the liquefied natural gas to be stored or converted at, or transported by, the facility; and
(4) the public safety factors of the design and of alternative designs, particularly the ability to prevent and contain a liquefied natural gas spill.
(c)
(A) under this chapter; or
(B) under another law, and the standard is not prescribed at the time the authority is applied.
(2)(A) Any design, installation, construction, initial inspection, or initial testing standard prescribed under this chapter after March 1, 1978, may provide that the standard applies to any part of a replacement component of a liquefied natural gas pipeline facility if the component or part is placed in service after the standard is prescribed and application of the standard—
(i) does not make the component or part incompatible with other components or parts; or
(ii) is not impracticable otherwise.
(B) Any location standard prescribed under this chapter after March 1, 1978, does not apply to any part of a replacement component of an existing liquefied natural gas pipeline facility.
(3) A design, installation, construction, initial inspection, or initial testing standard does not apply to a liquefied natural gas pipeline facility existing when the standard is adopted.
(d)
(1) the conditions, features, and type of equipment and structures that make up or are used in connection with the facility;
(2) the fire prevention and containment equipment at the facility;
(3) security measures to prevent an intentional act that could cause a liquefied natural gas accident;
(4) maintenance procedures and equipment;
(5) the training of personnel in matters specified by this subsection; and
(6) other factors and conditions related to the safe handling of liquefied natural gas.
(e)
(f)
(g)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1307.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60103(a) | 49 App.:1674a(a) (1)(A), (d)(1), (e). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §6; added Nov. 30, 1979, Pub. L. 96–129, §152(a), 93 Stat. 999. |
| 60103(b) | 49 App.:1674a(a) (1)(B), (2), (d)(2), (e). | |
| 60103(c)(1), (2) | 49 App.:1674a(c)(1). | |
| 60103(c)(3) | 49 App.:1674a(c)(3). | |
| 60103(d) | 49 App.:1674a(b), (d)(3), (e). | |
| 60103(e) | 49 App.:1674a(f). | |
| 60103(f) | 49 App.:1674a(a)(3). | |
| 60103(g) | 49 App.:1674a(c)(2). |
In subsections (a), (b), and (d), the words “general safety” are omitted as surplus. The text of 49 App.:1674a(e) is omitted for consistency in the revised title and with other titles of the United States Code.
In subsections (a) and (b), before each clause (1), the words “Not later than 180 days after November 30, 1979” are omitted as executed. The word “prescribe” is substituted for “establish by regulation” for consistency in the revised title and with other titles of the Code.
In subsection (a), before clause (1), the words “with respect to standards relating to the location of any new LNG facility” are omitted because of the restatement. In clause (2), the word “involved” is omitted as surplus. In clause (4), the words “meteorological, geological, topographical, seismic, and other” are omitted as surplus. In clause (5), the word “existing” is omitted as surplus.
In subsection (b), before clause (1), the text of 49 App.:1674a(a)(2) (1st sentence) is omitted as executed. The text of 49 App.:1674a(a)(2) (last sentence) is omitted as surplus. The words “with respect to standards applicable to the design, installation, construction, initial inspection, and initial testing of any new LNG facility” are omitted because of the restatement. In clause (1), the words “thermal resistance and other” are omitted as surplus. In clause (2), the words “(such as multiple diking, insulated concrete, and vapor containment barriers)” are omitted as surplus. In clause (3), the words “(for example, whether it is to be in a liquid or semisolid state)” are omitted as surplus. In clause (4), the words “under such a design” are omitted as surplus.
In subsection (c)(1) and (2), the word “prescribed” is substituted for “issued” for consistency in the revised title and with other titles of the Code.
In subsection (c)(1), before clause (A), the words “if the standard is to be applied” are added for clarity. The word “either” is omitted as surplus. In clause (B), the word “Federal” is omitted as surplus. The words “the authority is applied” are substituted for “such authority was exercised” for clarity.
In subsection (c)(2)(A), before clause (i), the words “design, installation, construction, initial inspection, or initial testing standard prescribed under this chapter after March 1, 1978” are substituted for “Any such standard (other than one affecting location)” for clarity. In clause (i), the words “of the facility involved” are omitted as surplus. In clause (ii), the word “otherwise” is omitted as surplus.
In subsection (d), before clause (1), the words “Not later than 270 days after November 30, 1979” are omitted as executed. The words “with respect to standards for the operation and maintance [sic] of any LNG facility” are omitted because of the restatement. In clause (3), the words “to be used with respect to the operation of such facility” and “sabotage or other” are omitted as surplus.
In subsection (e), the text of 49 App.:1674a(f) (related to 49 App.:1672(a)(1) (8th, last sentences), (c), and (d)) is omitted as surplus because those provisions apply to all standards prescribed under the Natural Gas Pipeline Safety Act of 1968 (Public Law 90–481, 82 Stat. 720).
In subsection (f), the words “Secretary of Energy” are substituted for “Department of Energy” because of 42:7131. The words “or local” are added for clarity. The words “in the case of any facility not subject to the jurisdiction of the Department under the Natural Gas Act” are omitted as surplus.
§60104. Requirements and limitations
(a)
(b)
(c)
(d)
(2) In a proceeding under section 3 or 7 of the Natural Gas Act (15 U.S.C. 717b or 717f), each applicant for authority to import natural gas or to establish, construct, operate, or extend a gas pipeline facility subject to an applicable safety standard shall certify that it will design, install, inspect, test, construct, operate, replace, and maintain a gas pipeline facility under those standards and plans for inspection and maintenance under section 60108 of this title. The certification is binding on the Secretary of Energy and the Commission except when an appropriate enforcement agency has given timely written notice to the Commission that the applicant has violated a standard prescribed under this chapter.
(e)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1308; Pub. L. 107–355, §3(a), Dec. 17, 2002, 116 Stat. 2986.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60104(a) | 49 App.:1672(c). | Aug. 12, 1968, Pub. L. 90–481, §3(c), 82 Stat. 721; Nov. 30, 1979, Pub. L. 96–129, §§104(a)(2), (c), 109(c), 93 Stat. 992, 994, 996. |
| 49 App.:2002(g). | Nov. 30, 1979, Pub. L. 96–129, §§202(4) (28th–last words), 203(c) (last sentence), (g), 93 Stat. 1003, 1004, 1005. | |
| 60104(b) | 49 App.:1672(a)(1) (6th sentence). | Aug. 12, 1968, Pub. L. 90–481, §3(a)(1) (6th, 9th, last sentences), 82 Stat. 721; Oct. 11, 1976, Pub. L. 94–477, §4(2), 90 Stat. 2073; Nov. 30, 1979, Pub. L. 96–129, §§101(a), 109(c), (e), 93 Stat. 990, 996; Oct. 24, 1992, Pub. L. 102–508, §116, 106 Stat. 3298. |
| 49 App.:2002(c) (last sentence). | ||
| 60104(c) | 49 App.:1672(a)(1) (9th, last sentences). | |
| 49 App.:2002(d). | Nov. 30, 1979, Pub. L. 96–129, §203(d), 93 Stat. 1004; Oct. 24, 1992, Pub. L. 102–508, §215, 106 Stat. 3305. | |
| 60104(d) | 49 App.:1676(a). | Aug. 12, 1968, Pub. L. 90–481, §9(a), 82 Stat. 725; Nov. 30, 1979, Pub. L. 96–129, §§109(i), 152(a), (b)(3), 93 Stat. 997, 999, 1001; Oct. 30, 1988, Pub. L. 100–561, §105(1), 102 Stat. 2807. |
| 60104(e) | 49 App.:1671(4) (33d–last words). | Aug. 12, 1968, Pub. L. 90–481, §2(4) (33d–last words), 82 Stat. 720. |
| 49 App.:2001(4) (28th–last words). |
Subsection (a) is substituted for 49 App.:1672(c) (last sentence) and 2002(g) (last sentence) to eliminate unnecessary words. The text of 49 App.:1672(c) (1st sentence) and 2002(g) (1st sentence) is omitted as unnecessary because 5:ch. 5, subch. II applies unless otherwise stated.
In subsection (c), the words “prescribed under this chapter” are added for clarity. The words “after the Federal minimum standards become effective” in 49 App.:1672(a) (last sentence) are omitted as obsolete.
In subsection (d)(1), the words “waiving compliance” are substituted for “action upon application for waiver” and “acting on the waiver application” to eliminate unnecessary words. The words “the provisions of” are omitted as surplus. The word “authority” is substituted for “commission” for consistency in the revised title and with other titles of the Code.
In subsection (d)(2), the words “and conclusive” are omitted as being included in “binding”. The words “Secretary of Energy” are substituted for “Department of Energy” because of 42:7231.
Amendments
2002—Subsec. (c). Pub. L. 107–355 inserted at end “Notwithstanding the preceding sentence, a State authority may enforce a requirement of a one-call notification program of the State if the program meets the requirements for one-call notification programs under this chapter or chapter 61.”
§60105. State pipeline safety program certifications
(a)
(b)
(1) has regulatory jurisdiction over the standards and practices to which the certification applies;
(2) has adopted, by the date of certification, each applicable standard prescribed under this chapter or, if a standard under this chapter was prescribed not later than 120 days before certification, is taking steps to adopt that standard;
(3) is enforcing each adopted standard through ways that include inspections conducted by State employees meeting the qualifications the Secretary prescribes under section 60107(d)(1)(C) of this title;
(4) is encouraging and promoting the establishment of a program designed to prevent damage by demolition, excavation, tunneling, or construction activity to the pipeline facilities to which the certification applies that subjects persons who violate the applicable requirements of that program to civil penalties and other enforcement actions that are substantially the same as are provided under this chapter, and addresses the elements in section 60134(b);
(5) may require record maintenance, reporting, and inspection substantially the same as provided under section 60117 of this title;
(6) may require that plans for inspection and maintenance under section 60108 (a) and (b) of this title be filed for approval; and
(7) may enforce safety standards of the authority under a law of the State by injunctive relief and civil penalties substantially the same as provided under sections 60120 and 60122(a)(1) and (b)–(f) of this title.
(c)
(A) the name and address of each person to whom the certification applies that is subject to the safety jurisdiction of the State authority;
(B) each accident or incident reported during the prior 12 months by that person involving a fatality, personal injury requiring hospitalization, or property damage or loss of more than an amount the Secretary establishes (even if the person sustaining the fatality, personal injury, or property damage or loss is not subject to the safety jurisdiction of the authority), any other accident the authority considers significant, and a summary of the investigation by the authority of the cause and circumstances surrounding the accident or incident;
(C) the record maintenance, reporting, and inspection practices conducted by the authority to enforce compliance with safety standards prescribed under this chapter to which the certification applies, including the number of inspections of pipeline facilities the authority made during the prior 12 months; and
(D) any other information the Secretary requires.
(2) The report included in the first certification submitted under subsection (a) of this section is only required to state information available at the time of certification.
(d)
(e)
(f)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1309; Pub. L. 104–304, §20(a), Oct. 12, 1996, 110 Stat. 3804; Pub. L. 109–468, §2(b)(1), Dec. 29, 2006, 120 Stat. 3487.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60105(a) | 49 App.:1674(a) (1st sentence words before “that such State agency”). | Aug. 12, 1968, Pub. L. 90–481, §5(a), 82 Stat. 722; Aug. 22, 1972, Pub. L. 92–401, §1, 86 Stat. 616; Oct. 11, 1976, Pub. L. 94–477, §5(a), 90 Stat. 2073; Nov. 30, 1979, Pub. L. 96–129, §§101(b), 103(a), (b)(3), 109(g), (h)(1), 93 Stat. 990, 991, 996; Jan. 14, 1983, Pub. L. 97–468, §104, 96 Stat. 2543; Oct. 31, 1988, Pub. L. 100–561, §§103, 303(b)(1), 102 Stat. 2807, 2816; Oct. 24, 1992, Pub. L. 102–508, §§110(a), 111, 106 Stat. 3295. |
| 49 App.:2004(a) (1st sentence words before “that such State agency”). | Nov. 30, 1979, Pub. L. 96–129, §205(a), 93 Stat. 1006; Oct. 31, 1988, Pub. L. 100–561, §203, 102 Stat. 2810; Oct. 24, 1992, Pub. L. 102–508, §§209(a), 210, 106 Stat. 3304. | |
| 60105(b) | 49 App.:1674(a) (1st sentence words after “an annual certification”). | |
| 49 App.:2004(a) (1st sentence words after “an annual certification”). | ||
| 60105(c) | 49 App.:1674(a) (2d, 3d sentences). | |
| 49 App.:2004(a) (2d, last sentences). | ||
| 60105(d) | 49 App.:1674(e). | Aug. 12, 1968, Pub. L. 90–481, §5(e), 82 Stat. 724; Oct. 11, 1976, Pub. L. 94–477, §5(c), 90 Stat. 2074; Nov. 30, 1979, Pub. L. 96–129, §103(b)(2)(B), 93 Stat. 991. |
| 49 App.:2004(e). | Nov. 30, 1979, Pub. L. 96–129, §205(c) (related to certification), (e), (f), 93 Stat. 1007, 1008. | |
| 60105(e) | 49 App.:1674(c) (related to certification). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §5(c) (related to certification); added Nov. 30, 1979, Pub. L. 96–129, §103(b)(2)(C), 93 Stat. 991. |
| 49 App.:2004(c) (related to certification). | ||
| 60105(f) | 49 App.:1674(a) (4th, last sentences). | |
| 49 App.:2004(f). |
In subsection (a), the words “applicable to same” are omitted as surplus. The words “for the facilities and transportation that complies with subsections (b) and (c) of this section” are added for clarity.
In subsections (b) and (c), the words “to which the certification applies” and “to whom the certification applies” are added because of the restatement.
In subsection (b)(2), the words “Federal safety” and “pursuant to State law” are omitted as surplus.
In subsection (b)(7), the words “injunctive relief and civil penalties” are substituted for “injunctive and monetary sanctions” for clarity and consistency.
In subsection (c)(1), before clause (A), the word “annual” is omitted as surplus. The words “in such form as the Secretary may by regulation provide” are omitted as surplus because of 49:322(a). In clause (B), the words “or loss” are added for consistency in the revised title and with other titles of the United States Code. In clause (C), the words “a detail of” are omitted as surplus.
In subsection (d), the words “with respect” and “new or amended Federal” are omitted as surplus.
In subsection (e), the words “conduct whatever . . . may be necessary” and “fully” are omitted as surplus. The words “with the Secretary” are substituted for “in any monitoring of their programs” for clarity.
In subsection (f), the words “prescribed under this chapter” are added for clarity. The word “reasonable” is omitted as surplus.
Amendments
2006—Subsec. (b)(4). Pub. L. 109–468 amended par. (4) generally. Prior to amendment, par. (4) read as follows: “is encouraging and promoting programs designed to prevent damage by demolition, excavation, tunneling, or construction activity to the pipeline facilities to which the certification applies;”.
1996—Pub. L. 104–304 substituted “State pipeline safety program certifications” for “State certifications” in section catchline.
§60106. State pipeline safety agreements
(a)
(1) establish an adequate program for record maintenance, reporting, and inspection designed to assist compliance with applicable safety standards prescribed under this chapter; and
(2) prescribe procedures for approval of plans of inspection and maintenance substantially the same as required under section 60108 (a) and (b) of this title.
(b)
(1)
(2)
(A) the agreement allowing participation of the State authority is consistent with the Secretary's program for inspection and consistent with the safety policies and provisions provided under this chapter;
(B) the interstate participation agreement would not adversely affect the oversight responsibilities of intrastate pipeline transportation by the State authority;
(C) the State is carrying out a program demonstrated to promote preparedness and risk prevention activities that enable communities to live safely with pipelines;
(D) the State meets the minimum standards for State one-call notification set forth in chapter 61; and
(E) the actions planned under the agreement would not impede interstate commerce or jeopardize public safety.
(3)
(A) the State authority fails to comply with the terms of the agreement;
(B) implementation of the agreement has resulted in a gap in the oversight responsibilities of intrastate pipeline transportation by the State authority; or
(C) continued participation by the State authority in the oversight of interstate pipeline transportation has had an adverse impact on pipeline safety.
(c)
(1)
(2)
(A) issue an order under section 60118(b) or take other appropriate enforcement actions to ensure compliance with this chapter; or
(B) provide the State authority with a written explanation as to why the Secretary has determined not to take such actions.
(d)
(e)
(1)
(2)
(A) implementation of such agreement has resulted in a gap in the oversight responsibilities of intrastate pipeline transportation by the State authority;
(B) the State actions under the agreement have failed to meet the requirements under subsection (b); or
(C) continued participation by the State authority in the oversight of interstate pipeline transportation would not promote pipeline safety.
(3)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1310; Pub. L. 104–304, §20(b), Oct. 12, 1996, 110 Stat. 3804; Pub. L. 107–355, §4, Dec. 17, 2002, 116 Stat. 2986.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60106(a) | 49 App.:1674(b) (1st sentence). | Aug. 12, 1968, Pub. L. 90–481, §5(b), 82 Stat. 723; Oct. 11, 1976, Pub. L. 94–477, §5(b), 90 Stat. 2074; Nov. 30, 1979, Pub. L. 96–129, §§103(b)(1), 109(h)(2), 93 Stat. 991, 996. |
| 49 App.:2004(b) (1st sentence). | Nov. 30, 1979, Pub. L. 96–129, §205(b), (c) (related to agreement), (g), 93 Stat. 1007, 1008. | |
| 60106(b) | 49 App.:1674(b) (last sentence). | |
| 49 App.:2004(b) (last sentence). | ||
| 60106(c) | 49 App.:1674(c) (related to agreement). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §5(c) (related to agreement); added Nov. 30, 1979, Pub. L. 96–129, §103(b)(2)(C), 93 Stat. 991. |
| 49 App.:2004(c) (related to agreement). | ||
| 60106(d) | 49 App.:1674(f). | Aug. 12, 1968, Pub. L. 90–481, §5(f), 82 Stat. 724; Nov. 30, 1979, Pub. L. 96–129, §103(b) (2)(B), 93 Stat. 991. |
| 49 App.:2004(g). |
In subsection (a), before clause (1), the word “annual” is omitted as surplus. The words “to take necessary action” are substituted for “to assume responsibility for, and carry out” for clarity. The words “on behalf of the Secretary” are omitted as surplus. In clause (1), the words “applicable . . . prescribed under this chapter” are added for clarity. The word “Federal” is omitted as surplus. In clause (2), the word “prescribe” is substituted for “establish” for consistency in the revised title and with other titles of the United States Code.
In subsection (b), the words “action taken in carrying out an agreement” are substituted for “its program” for clarity.
In subsection (c), the words “conduct whatever . . . may be necessary” and “fully” are omitted as surplus. The words “with the Secretary” are substituted for “in any monitoring of their programs” for clarity.
References in Text
Enactment of the Pipeline Safety Improvement Act of 2002, referred to in subsec. (b)(3), is the enactment of Pub. L. 107–355, which was approved Dec. 17, 2002.
Amendments
2002—Subsec. (a). Pub. L. 107–355, §4(a)(1), substituted “
Subsec. (b). Pub. L. 107–355, §4(a)(3), added subsec. (b). Former subsec. (b) redesignated (c).
Subsec. (c). Pub. L. 107–355, §4(a)(2), (c), redesignated subsec. (b) as (c), designated existing provisions as par. (1), inserted par. heading, realigned margins, and added par. (2). Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 107–355, §4(a)(2), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e).
Subsec. (e). Pub. L. 107–355, §4(a)(2), (b), redesignated subsec. (d) as (e), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “The Secretary may end an agreement made under this section when the Secretary finds that the State authority has not complied with any provision of the agreement. The Secretary shall give the authority notice and an opportunity for a hearing before ending an agreement. The finding and decision to end the agreement shall be published in the Federal Register and may not become effective for at least 15 days after the date of publication.”
1996—Pub. L. 104–304 substituted “State pipeline safety agreements” for “State agreements” in section catchline.
§60107. State pipeline safety grants
(a)
(1) to carry out a safety program under a certification under section 60105 of this title or an agreement under section 60106 of this title; or
(2) to act as an agent of the Secretary on interstate gas pipeline facilities or interstate hazardous liquid pipeline facilities.
(b)
(c)
(d)
(A) the form of, and way of filing, an application under this section;
(B) reporting and fiscal procedures the Secretary considers necessary to ensure the proper accounting of money of the Government; and
(C) qualifications for a State to meet to receive a payment under this section, including qualifications for State employees who perform inspection activities under section 60105 or 60106 of this title.
(2) The qualifications prescribed under paragraph (1)(C) of this subsection may—
(A) consider the experience and training of the employee;
(B) order training or other requirements; and
(C) provide for approval of qualifications on a conditional basis until specified requirements are met.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1311; Pub. L. 104–304, §20(c), Oct. 12, 1996, 110 Stat. 3804; Pub. L. 109–468, §2(c), (d), Dec. 29, 2006, 120 Stat. 3489.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60107(a) | 49 App.:1674(d)(1) (1st sentence). | Aug. 12, 1968, Pub. L. 90–481, §5(d)(1), (3), (4), 82 Stat. 724; Aug. 22, 1972, Pub. L. 92–401, §2, 86 Stat. 616; Aug. 30, 1974, Pub. L. 93–403, §2, 88 Stat. 802; Nov. 30, 1979, Pub. L. 96–129, §103(b)(2)(B), 93 Stat. 991. |
| 49 App.:2004(d)(1) (1st sentence). | Nov. 30, 1979, Pub. L. 96–129, §205(d)(1), (3), (4), 93 Stat. 1008. | |
| 60107(b) | 49 App.:1674(d)(1) (2d, last sentences). | |
| 49 App.:2004(d)(1) (2d, last sentences). | ||
| 60107(c) | 49 App.:1674(d)(2). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §5(d)(2); added Aug. 30, 1974, Pub. L. 93–403, §2, 88 Stat. 802; Nov. 30, 1979, Pub. L. 96–129, §§103(b)(2)(B), 109(h)(3), 93 Stat. 991, 996; Apr. 7, 1986, Pub. L. 99–272, §7002(b)(1), 100 Stat. 139. |
| 49 App.:1674(d)(3). | ||
| 49 App.:2004(d)(2). | Nov. 30, 1979, Pub. L. 96–129, §205(d)(2), 93 Stat. 1008; Apr. 7, 1986, Pub. L. 99–272, §7002(b)(2), 100 Stat. 139. | |
| 49 App.:2004(d)(3). | ||
| 60107(d) (1)(A), (B) | 49 App.:1674(d)(4). | |
| 49 App.:2004(d)(4). | ||
| 60107(d) (1)(C), (2) | 49 App.:1674(d)(5). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §5(d)(5); added Oct. 31, 1988, Pub. L. 100–561, §104, 102 Stat. 2807. |
| 49 App. 2004(d)(5). | Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989, §205(d)(5); added Oct. 31, 1988, Pub. L. 100–561, §204, 102 Stat. 2811. |
In subsection (a), before clause (1), the words “Except as otherwise provided in this section” and “out of funds appropriated or otherwise made available” are omitted as surplus.
In subsection (b), before clause (1), the word “payment” is substituted for “funds” for clarity. The words “the total State amount spent” are substituted for “the aggregate expenditures of funds for the State”, and the words “at least equal the average amount spent” are substituted for “be maintained at a level which does not fall below the average level of such expenditures”, to eliminate unnecessary words. In clause (1), the words “that ended June 30, 1967, and June 30, 1968” are substituted for “last two . . . preceding August 12, 1968” for clarity. In clause (2), the words “that ended September 30, 1978, and September 30, 1979” are substituted for “last two . . . preceding November 30, 1979” for clarity.
In subsection (c), the words “the Federal grants-in-aid provisions of”, “for payments to aid in the conduct of pipeline safety programs in accordance with paragraph (1) of this subsection”, and “with necessary adjustments on account of overpayments and underpayments” are omitted as surplus.
In subsection (d)(1), before clause (A), the word “prescribe” is substituted for “by regulation, provide for” and “establish by regulation” for consistency in the revised title and with other titles of the United States Code. In clause (C), the words “to receive a payment under this section” are substituted for “in order to participate in the pipeline safety grant program under this subsection”, and the words “under section 60105 or 60106 of this title” are substituted for “pursuant to either an annual certification by a State agency or an agreement relating to inspection between a State agency and the Secretary”, to eliminate unnecessary words.
In subsection (d)(2), before clause (A), the words “qualifications prescribed” are substituted for “regulations” for clarity and consistency.
Amendments
2006—Subsec. (a). Pub. L. 109–468, §2(c), substituted “not more than 80 percent” for “not more than 50 percent” in introductory provisions.
Subsec. (b). Pub. L. 109–468, §2(d), substituted “spent for gas and hazardous liquid safety programs for the 3 fiscal years prior to the fiscal year in which the Secretary makes the payment, except when the Secretary waives this requirement.” for “spent—
“(1) for a gas safety program, for the fiscal years that ended June 30, 1967, and June 30, 1968; and
“(2) for a hazardous liquid safety program, for the fiscal years that ended September 30, 1978, and September 30, 1979.”
1996—Pub. L. 104–304 substituted “State pipeline safety grants” for “State grants” in section catchline.
§60108. Inspection and maintenance
(a)
(2) If the Secretary or a State authority responsible for enforcing standards prescribed under this chapter decides that a plan required under paragraph (1) of this subsection is inadequate for safe operation, the Secretary or authority shall require the person to revise the plan. Revision may be required only after giving notice and an opportunity for a hearing. A plan required under paragraph (1) must be practicable and designed to meet the need for pipeline safety and must include terms designed to enhance the ability to discover safety-related conditions described in section 60102(h)(1) of this title. In deciding on the adequacy of a plan, the Secretary or authority shall consider—
(A) relevant available pipeline safety information;
(B) the appropriateness of the plan for the particular kind of pipeline transportation or facility;
(C) the reasonableness of the plan; and
(D) the extent to which the plan will contribute to public safety and the protection of the environment.
(3) A plan required under this subsection shall be made available to the Secretary or State authority on request under section 60117 of this title.
(b)
(A) the location of the pipeline facility.
(B) the type, size, age, manufacturer, method of construction, and condition of the pipeline facility.
(C) the nature and volume of material transported through the pipeline facility.
(D) the pressure at which that material is transported.
(E) climatic, geologic, and seismic characteristics (including soil characteristics) and conditions of the area in which the pipeline facility is located.
(F) existing and projected population and demographic characteristics of the area in which the pipeline facility is located.
(G) for a hazardous liquid pipeline facility, the proximity of the area in which the facility is located to an area that is unusually sensitive to environmental damage.
(H) the frequency of leaks.
(I) other factors the Secretary decides are relevant to the safety of pipeline facilities.
(2) To the extent and in amounts provided in advance in an appropriation law, the Secretary shall decide on the frequency of inspection under paragraph (1) of this subsection. The Secretary may reduce the frequency of an inspection of a master meter system.
(3) Testing under this subsection shall use the most appropriate technology practicable.
(c)
(A) “abandoned” means permanently removed from service.
(B) “pipeline facility” includes an underwater abandoned pipeline facility.
(C) if a pipeline facility has no operator, the most recent operator of the facility is deemed to be the operator of the facility.
(2)(A) Not later than May 16, 1993, on the basis of experience with the inspections under section 3(h)(1)(A) of the Natural Gas Pipeline Safety Act of 1968 or section 203(l)(1)(A) of the Hazardous Liquid Pipeline Safety Act of 1979, as appropriate, and any other information available to the Secretary, the Secretary shall establish a mandatory, systematic, and, where appropriate, periodic inspection program of—
(i) all offshore pipeline facilities; and
(ii) any other pipeline facility crossing under, over, or through waters where a substantial likelihood of commercial navigation exists, if the Secretary decides that the location of the facility in those waters could pose a hazard to navigation or public safety.
(B) In prescribing standards to carry out subparagraph (A) of this paragraph—
(i) the Secretary shall identify what is a hazard to navigation with respect to an underwater abandoned pipeline facility; and
(ii) for an underwater pipeline facility abandoned after October 24, 1992, the Secretary shall include requirements that will lessen the potential that the facility will pose a hazard to navigation and shall consider the relationship between water depth and navigational safety and factors relevant to the local marine environment.
(3)(A) The Secretary shall establish by regulation a program requiring an operator of a pipeline facility described in paragraph (2) of this subsection to report a potential or existing navigational hazard involving that pipeline facility to the Secretary through the appropriate Coast Guard office.
(B) The operator of a pipeline facility described in paragraph (2) of this subsection that discovers any part of the pipeline facility that is a hazard to navigation shall mark the location of the hazardous part with a Coast-Guard-approved marine buoy or marker and immediately shall notify the Secretary as provided by the Secretary under subparagraph (A) of this paragraph. A marine buoy or marker used under this subparagraph is deemed a pipeline sign or right-of-way marker under section 60123(c) of this title.
(4)(A) The Secretary shall establish a standard that each pipeline facility described in paragraph (2) of this subsection that is a hazard to navigation is buried not later than 6 months after the date the condition of the facility is reported to the Secretary. The Secretary may extend that 6-month period for a reasonable period to ensure compliance with this paragraph.
(B) In prescribing standards for subparagraph (A) of this paragraph for an underwater pipeline facility abandoned after October 24, 1992, the Secretary shall include requirements that will lessen the potential that the facility will pose a hazard to navigation and shall consider the relationship between water depth and navigational safety and factors relevant to the local marine environment.
(5)(A) Not later than October 24, 1994, the Secretary shall establish standards on what is an exposed offshore pipeline facility and what is a hazard to navigation under this subsection.
(B) Not later than 6 months after the Secretary establishes standards under subparagraph (A) of this paragraph, or October 24, 1995, whichever occurs first, the operator of each offshore pipeline facility not described in section 3(h)(1)(A) of the Natural Gas Pipeline Safety Act of 1968 or section 203(l)(1)(A) of the Hazardous Liquid Pipeline Safety Act of 1979, as appropriate, shall inspect the facility and report to the Secretary on any part of the facility that is exposed or is a hazard to navigation. This subparagraph applies only to a facility that is between the high water mark and the point at which the subsurface is under 15 feet of water, as measured from mean low water. An inspection that occurred after October 3, 1989, may be used for compliance with this subparagraph if the inspection conforms to the requirements of this subparagraph.
(C) The Secretary may extend the time period specified in subparagraph (B) of this paragraph for not more than 6 months if the operator of a facility satisfies the Secretary that the operator has made a good faith effort, with reasonable diligence, but has been unable to comply by the end of that period.
(6)(A) The operator of a pipeline facility abandoned after October 24, 1992, shall report the abandonment to the Secretary in a way that specifies whether the facility has been abandoned properly according to applicable United States Government and State requirements.
(B) Not later than October 24, 1995, the operator of a pipeline facility abandoned before October 24, 1992, shall report to the Secretary reasonably available information related to the facility, including information that a third party possesses. The information shall include the location, size, date, and method of abandonment, whether the facility has been abandoned properly under applicable law, and other relevant information the Secretary may require. Not later than April 24, 1994, the Secretary shall specify how the information shall be reported. The Secretary shall ensure that the Government maintains the information in a way accessible to appropriate Government agencies and State authorities.
(C) The Secretary shall request that a State authority having information on a collision between a vessel and an underwater pipeline facility report the information to the Secretary in a timely way and make a reasonable effort to specify the location, date, and severity of the collision. Chapter 35 of title 44 does not apply to this subparagraph.
(7) The Secretary may not exempt from this chapter an offshore hazardous liquid pipeline facility only because the pipeline facility transfers hazardous liquid in an underwater pipeline between a vessel and an onshore facility.
(d)
(A) the extent to which each operator has adopted a plan for the safe management and replacement of cast iron;
(B) the elements of the plan, including the anticipated rate of replacement; and
(C) the progress that has been made.
(2) Chapter 35 of title 44 does not apply to the conduct of the survey.
(3) This subsection does not prevent the Secretary from developing Government guidelines or standards for cast iron gas pipelines as the Secretary considers appropriate.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1312; Pub. L. 104–304, §§6, 20(h), Oct. 12, 1996, 110 Stat. 3800, 3805.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60108(a)(1) | 49 App.:1680(a) (1st, 2d sentences). | Aug. 12, 1968, Pub. L. 90–481, §13(a), 82 Stat. 726; Oct. 11, 1976, Pub. L. 94–477, §6, 90 Stat. 2075; Nov. 30, 1979, Pub. L. 96–129, §§104(b), 105(a), 93 Stat. 992, 994; Oct. 22, 1986, Pub. L. 99–516, §3(a)(2), 100 Stat. 2966; Oct. 31, 1988, Pub. L. 100–561, §108(a)(1), 102 Stat. 2808; Oct. 24, 1992, Pub. L. 102–508, §102(c), 106 Stat. 3291. |
| 49 App.:2009(a) (1st, 2d sentences). | Nov. 30, 1979, Pub. L. 96–129, §210(a), 93 Stat. 1011; Oct. 22, 1986, Pub. L. 99–516, §3(b)(2), 100 Stat. 2966; Oct. 31, 1988, Pub. L. 100–561, §207(c), 102 Stat. 2812. | |
| 60108(a)(2) | 49 App.:1680(a) (3d–5th, last sentences). | |
| 49 App.:2009(a) (3d sentence 1st–18th words, last sentence). | ||
| 49 App.:2009(b). | Nov. 30, 1979, Pub. L. 96–129, §210(b), 93 Stat. 1012; Oct. 24, 1992, Pub. L. 102–508, §202(c)(1), 106 Stat. 3301. | |
| 60108(a)(3) | 49 App.:1680(a) (6th sentence). | |
| 49 App.:2009(a) (3d sentence 19th–last words). | ||
| 60108(b)(1) | 49 App.:1680(b)(1) (1st sentence), (2). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §13(b); added Oct. 31, 1988, Pub. L. 100–561, §108(a)(2), 102 Stat. 2808. |
| 49 App.:2009(d)(1) (1st sentence), (2). | Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989, §210(d); added Oct. 31, 1988, Pub. L. 100–561, §207(a), 102 Stat. 2811; Oct. 24, 1992, Pub. L. 102–508, §202(c)(2) (related to §210(d)(2)(D)), 106 Stat. 3301. | |
| 60108(b)(2) | 49 App.:1680(b)(1) (2d, 3d sentences). | |
| 49 App.:2009(d)(1) (2d, 3d sentences). | ||
| 60108(b)(3) | 49 App.:1680(b)(1) (last sentence). | |
| 49 App.:2009(d)(1) (last sentence). | ||
| 60108(c)(1) | 49 App.:1672(h)(6)(A), (D). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §3(h)(6); added Oct. 24, 1992, Pub. L. 102–508, §117, 106 Stat. 3298. |
| 49 App.:2002(l)(7)(A), (D). | Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989, §203(l)(7); added Oct. 24, 1992, Pub. L. 102–508, §216, 106 Stat. 3306. | |
| 60108(c) (2)(A) | 49 App.:1672(h)(3). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §3(h)(1)–(4); added Nov. 16, 1990, Pub. L. 101–599, §1(a), 104 Stat. 3038; Oct. 24, 1992, Pub. L. 102–508, §108(1)–(4), 106 Stat. 3293. |
| 49 App.:2002(l)(3). | Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989, §203(l)(1)–(4); added Nov. 16, 1990, Pub. L. 101–599, §1(b), 104 Stat. 3039; Oct. 24, 1992, Pub. L. 102–508, §207(1)–(4), 106 Stat. 3302. | |
| 60108(c) (2)(B) | 49 App.:1672(h)(6) (B)(i), (ii) (related to paragraph (3)). | |
| 49 App.:2002(l)(7) (B)(i), (ii) (related to paragraph (3)). | ||
| 60108(c)(3) | 49 App.:1672(h)(1), (2). | |
| 49 App.:2002(l)(1), (2). | ||
| 60108(c) (4)(A) | 49 App.:1672(h)(4). | |
| 49 App.:2002(l)(4). | ||
| 60108(c) (4)(B) | 49 App.:1672(h) (6)(B)(ii) (related to paragraph (4)). | |
| 49 App.:2002(l) (7)(B)(ii) (related to paragraph (4)). | ||
| 60108(c)(5) | 49 App.:1672(h)(5). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §3(h)(5); added Oct. 24, 1992, Pub. L. 102–508, §108(5), 106 Stat. 3294. |
| 49 App.:2002(l)(6). | Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989, §203(l)(5), (6); added Oct. 24, 1992, Pub. L. 102–508, §207(5), 106 Stat. 3302. | |
| 60108(c)(6) | 49 App.:1672(h)(6)(C). | |
| 49 App.:2002(l)(7)(C). | ||
| 60108(c)(7) | 49 App.:2002(l)(5). | |
| 60108(d) | 49 App.:1680(c). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §13(c); added Oct. 24, 1992, Pub. L. 102–508, §107, 106 Stat. 3293. |
In subsection (a)(1), the word “prepare” is omitted as surplus. The words “or offices” are omitted because of 1:1. The words “in accordance with regulations prescribed by the Secretary or appropriate State agency” in 49 App.:1680(a) (1st sentence), “in accordance with regulations prescribed by the Secretary or, where a certification or agreement pursuant to section 2004 of this Appendix is in effect, by the appropriate State agency” in 49 App.:2009(a) (1st sentence), and “by regulation” are omitted as surplus because of 49:322(a) and sections 60102–60105 of the revised title.
In subsection (a)(2), before clause (A), the words “the Secretary or” are added for clarity. The words “at any time” in 49 App.:1680(a) (3d sentence) are omitted as surplus.
In subsection (a)(3), the word “appropriate” is omitted as surplus.
In subsection (b)(1), before clause (A), the words “to ensure the safety of such pipeline facilities” and “factors” are omitted as surplus. In clause (G), the words “if any” are omitted as surplus.
In subsection (b)(2), the text of 49 App.:1680(b)(1) (3d sentence) and 2009(d)(1) (3d sentence) is omitted as obsolete.
In subsection (c)(1)(B), the words “except with respect to the initial inspection required under paragraph (1)” are omitted as obsolete.
In subsection (c)(1)(C), the word “current” is omitted as surplus.
In subsection (c)(2)(B), before clause (i), the words “to carry out” are substituted for “under” because the Secretary does not prescribe regulations under 49 App.:1672(h)(3) or 2002(l)(3).
In subsection (c)(3), the text of 49 App.:1672(h)(1) and 2002(l)(1) is omitted as executed.
In subsection (c)(4)(A), the text of 49 App.:1672(h)(4)(A) and 2002(l)(4)(A) is omitted as obsolete.
In subsection (c)(5)(A), the words “for the purposes of this paragraph” are omitted as surplus.
In subsection (c)(5)(C), the words “an additional period of” and “and care” are omitted as surplus.
In subsection (c)(6)(C), the words “relating to coordination of Federal information policies” are omitted as surplus.
In subsection (c)(7), the words “regulation under” are omitted as surplus. The word “because” is substituted for “on the basis of the fact that” to eliminate unnecessary words.
In subsection (d)(2), the words “(relating to coordination of Federal information policy)” are omitted as surplus.
References in Text
Section 3(h)(1)(A) of the Natural Gas Pipeline Safety Act of 1968, referred to in subsec. (c)(2)(A), (5)(B), is section 3(h)(1)(A) of Pub. L. 90–481, which was classified to section 1672(h)(1)(A) of former Title 49, Transportation, prior to repeal by Pub. L. 103–272, §7(b), July 5, 1994, 108 Stat. 1379. For further details, see Historical and Revision Notes above.
Section 203(l)(1)(A) of the Hazardous Liquid Pipeline Safety Act of 1979, referred to in subsec. (c)(2)(A), (5)(B), is section 203(l)(1)(A) of Pub. L. 96–129, which was classified to section 2002(l)(1)(A) of former Title 49, Transportation, prior to repeal by Pub. L. 103–272, §7(b), July 5, 1994, 108 Stat. 1379. For further details, see Historical and Revision Notes above.
Amendments
1996—Subsec. (a)(1). Pub. L. 104–304, §6(1), struck out “transporting gas or hazardous liquid or” after “Each person” and “a person”.
Subsec. (b)(2). Pub. L. 104–304, §6(2), struck out after first sentence “However, an inspection must occur at least once every 2 years.”
Subsec. (c). Pub. L. 104–304, §6(3), substituted “
Subsec. (c)(2)(A)(ii). Pub. L. 104–304, §6(4), added cl. (ii) and struck out former cl. (ii) which read as follows: “any other pipeline facility crossing under, over, or through navigable waters (as defined by the Secretary) if the Secretary decides that the location of the facility in those navigable waters could pose a hazard to navigation or public safety.”
Subsec. (c)(2)(B). Pub. L. 104–304, §20(h)(1), substituted “standards” for “regulations” in introductory provisions.
Subsec. (c)(4)(A). Pub. L. 104–304, §20(h)(2), substituted “establish a standard” for “require by regulation”.
Subsecs. (c)(4)(B), (d)(3). Pub. L. 104–304, §20(h)(1), substituted “standards” for “regulations”.
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
Pipeline Bridge Risk Study
Pub. L. 107–355, §25, Dec. 17, 2002, 116 Stat. 3011, required the Secretary of Transportation to conduct a study to determine whether cable-suspension pipeline bridges pose structural or other risks warranting particularized attention in connection with pipeline operators risk assessment programs and whether particularized inspection standards need to be developed by the Department of Transportation to recognize the peculiar risks posed by such bridges and to transmit a report detailing the results of the completed study within 2 years after Dec. 17, 2002.
Study of Underwater Abandoned Pipeline Facilities
Pub. L. 102–508, title III, §307, Oct. 24, 1992, 106 Stat. 3309, directed Secretary of Transportation, in consultation with State and other Federal agencies having authority over underwater natural gas and hazardous liquid pipeline facilities and with pipeline owners and operators, fishing and maritime industries, and other affected groups, to submit to Congress, not later than 3 years after Oct. 24, 1992, report and recommendations on abandonment of such pipeline facilities, including analysis of problems caused by such facilities, alternative methods to abandonment, as well as navigational, safety, economic, and environmental impacts associated with abandonment, and further authorized Secretary to require, based on findings of such study, additional appropriate actions to prevent hazards to navigation in connection with such facilities.
§60109. High-density population areas and environmentally sensitive areas
(a)
(1) establish criteria for identifying—
(A) by operators of gas pipeline facilities, each gas pipeline facility (except a natural gas distribution line) located in a high-density population area; and
(B) by operators of hazardous liquid pipeline facilities and gathering lines—
(i) each hazardous liquid pipeline facility, whether otherwise subject to this chapter, that crosses waters where a substantial likelihood of commercial navigation exists or that is located in an area described in the criteria as a high-density population area; and
(ii) each hazardous liquid pipeline facility and gathering line, whether otherwise subject to this chapter, located in an area that the Secretary, in consultation with the Administrator of the Environmental Protection Agency, describes as unusually sensitive to environmental damage if there is a hazardous liquid pipeline accident; and
(2) provide that the identification be carried out through the inventory required under section 60102(e) of this title.
(b)
(1) locations near pipeline rights-of-way that are critical to drinking water, including intake locations for community water systems and critical sole source aquifer protection areas; and
(2) locations near pipeline rights-of-way that have been identified as critical wetlands, riverine or estuarine systems, national parks, wilderness areas, wildlife preservation areas or refuges, wild and scenic rivers, or critical habitat areas for threatened and endangered species.
(c)
(1)
(2)
(A)
(B)
(3)
(A) A baseline integrity assessment of each of the operator's facilities in areas identified pursuant to subsection (a)(1) and defined in chapter 192 of title 49, Code of Federal Regulations, including any subsequent modifications, by internal inspection device, pressure testing, direct assessment, or an alternative method that the Secretary determines would provide an equal or greater level of safety. The operator shall complete such assessment not later than 10 years after the date of enactment of this subsection. At least 50 percent of such facilities shall be assessed not later than 5 years after such date of enactment. The operator shall prioritize such facilities for assessment based on all risk factors, including any previously discovered defects or anomalies and any history of leaks, repairs, or failures. The operator shall ensure that assessments of facilities with the highest risks are given priority for completion and that such assessments will be completed not later than 5 years after such date of enactment.
(B) Subject to paragraph (5), periodic reassessment of the facility, at a minimum of once every 7 years, using methods described in subparagraph (A).
(C) Clearly defined criteria for evaluating the results of assessments conducted under subparagraphs (A) and (B) and for taking actions based on such results.
(D) A method for conducting an analysis on a continuing basis that integrates all available information about the integrity of the facility and the consequences of releases from the facility.
(E) A description of actions to be taken by the operator to promptly address any integrity issue raised by an evaluation conducted under subparagraph (C) or the analysis conducted under subparagraph (D).
(F) A description of measures to prevent and mitigate the consequences of releases from the facility.
(G) A method for monitoring cathodic protection systems throughout the pipeline system of the operator to the extent not addressed by other regulations.
(H) If the Secretary raises a safety concern relating to the facility, a description of the actions to be taken by the operator to address the safety concern, including issues raised with the Secretary by States and local authorities under an agreement entered into under section 60106.
(4)
(5)
(6)
(A) The minimum requirements described in paragraph (3).
(B) The type or frequency of inspections or testing of pipeline facilities, in addition to the minimum requirements of paragraph (3)(B).
(C) The manner in which the inspections or testing are conducted.
(D) The criteria used in analyzing results of the inspections or testing.
(E) The types of information sources that must be integrated in assessing the integrity of a pipeline facility as well as the manner of integration.
(F) The nature and timing of actions selected to address the integrity of a pipeline facility.
(G) Such other factors as the Secretary determines appropriate to ensure that the integrity of a pipeline facility is addressed and that appropriate mitigative measures are adopted to protect areas identified under subsection (a)(1).
In prescribing those standards, the Secretary shall ensure that all inspections required are conducted in a manner that minimizes environmental and safety risks, and shall take into account the applicable level of protection established by national consensus standards organizations.
(7)
(A) changes to valves or the establishment or modification of systems that monitor pressure and detect leaks based on the operator's risk analysis; and
(B) the use of emergency flow restricting devices.
(8)
(9)
(A)
(i)
(ii)
(iii)
(B)
(C)
(10)
(11)
(d)
(e)
(1)
(2)
(3)
(A)
(i) the service line is installed or entirely replaced after June 1, 2008;
(ii) the service line operates continuously throughout the year at a pressure not less than 10 pounds per square inch gauge;
(iii) the service line is not connected to a gas stream with respect to which the operator has had prior experience with contaminants the presence of which could interfere with the operation of an excess flow valve;
(iv) the installation of an excess flow valve on the service line is not likely to cause loss of service to the residence or interfere with necessary operation or maintenance activities, such as purging liquids from the service line; and
(v) an excess flow valve meeting performance standards developed under section 60110(e) of title 49, United States Code, is commercially available to the operator, as determined by the Secretary.
(B)
(4)
(5)
(6)
(f)
(1) the signing officer has reviewed the report; and
(2) to the best of such officer's knowledge and belief, the report is true and complete.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1315; Pub. L. 103–429, §6(75), Oct. 31, 1994, 108 Stat. 4388; Pub. L. 104–304, §§7, 20(i), Oct. 12, 1996, 110 Stat. 3800, 3805; Pub. L. 107–355, §14(a), (b), Dec. 17, 2002, 116 Stat. 3002, 3005; Pub. L. 109–468, §§9, 14, 16, Dec. 29, 2006, 120 Stat. 3493, 3496.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60109(a) (1)(A) | 49 App.:1672(i)(1) (1st sentence), (2). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §3(i); added Oct. 24, 1992, Pub. L. 102–508, §102(a)(2), 106 Stat. 3291. |
| 60109(a) (1)(B) | 49 App.:2002(m)(1) (1st sentence). | Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989, §203(m); added Oct. 24, 1992, Pub. L. 102–508, §202(a)(2), 106 Stat. 3300. |
| 60109(a)(2) | 49 App.:1672(i)(1) (last sentence). | |
| 49 App.:2002(m)(1) (2d sentence). | ||
| 60109(b) | 49 App.:2002(m)(1) (last sentence). |
In subsection (a)(1)(B)(i) and (ii), the words “regulation under” and “or not” are omitted as surplus.
Pub. L. 103–429
This amends 49:60109(a)(2) to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1315).
References in Text
The date of enactment of this subsection, referred to in subsecs. (c) and (d), is the date of enactment of Pub. L. 107–355, which was approved Dec. 17, 2002.
The Electronic Signatures in Global and National Commerce Act, referred to in subsec. (f), is Pub. L. 106–229, June 30, 2000, 114 Stat. 464, which is classified principally to chapter 96 (§7001 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 7001 of Title 15 and Tables.
Amendments
2006—Subsec. (c)(9)(A)(iii). Pub. L. 109–468, §14, reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “If the Secretary determines that a risk analysis or integrity management program does not comply with the requirements of this subsection or regulations issued as described in paragraph (2), or is inadequate for the safe operation of a pipeline facility, the Secretary shall act under section 60108(a)(2) to require the operator to revise the risk analysis or integrity management program.”
Subsec. (e). Pub. L. 109–468, §9, added subsec. (e).
Subsec. (f). Pub. L. 109–468, §16, added subsec. (f).
2002—Subsec. (c). Pub. L. 107–355, §14(a), added subsec. (c).
Subsec. (d). Pub. L. 107–355, §14(b), added subsec. (d).
1996—Subsec. (a). Pub. L. 104–304, §20(i), substituted “standards” for “regulations” in introductory provisions.
Subsec. (a)(1)(B)(i). Pub. L. 104–304, §7(a), substituted “waters where a substantial likelihood of commercial navigation exists” for “a navigable waterway (as the Secretary defines by regulation)”.
Subsec. (b). Pub. L. 104–304, §7(b), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “When describing an area that is unusually sensitive to environmental damage if there is a hazardous liquid pipeline accident, the Secretary shall consider including—
“(1) earthquake zones and areas subject to landslides and other substantial ground movements;
“(2) areas of likely ground water contamination if a hazardous liquid pipeline facility ruptures;
“(3) freshwater lakes, rivers, and waterways; and
“(4) river deltas and other areas subject to soil erosion or subsidence from flooding or other water action where a hazardous liquid pipeline facility is likely to become exposed or undermined.”
1994—Subsec. (a)(2). Pub. L. 103–429 substituted “section 60102(e)” for “section 60102(c)”.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
Study of Reassessment Intervals
Pub. L. 107–355, §14(d), Dec. 17, 2002, 116 Stat. 3005, required the Comptroller General to study the 7-year reassessment interval required by section 60109(c)(3)(B) of title 49 and to transmit to Congress a report on the study not later than 4 years after Dec. 17, 2002.
§60110. Excess flow valves
(a)
(1) a natural gas distribution system installed after the effective date of regulations prescribed under this section; and
(2) any other natural gas distribution system when repair to the system requires replacing a part to accommodate installing excess flow valves.
(b)
(1) the system design pressure;
(2) the system operating pressure;
(3) the types of customers to which the distribution system supplies gas, including hospitals, schools, and commercial enterprises;
(4) the technical feasibility and cost of installing, operating, and maintaining the valve;
(5) the public safety benefits of installing the valve;
(6) the location of customer meters; and
(7) other factors the Secretary considers relevant.
(c)
(A) the availability of excess flow valves for installation in the system;
(B) safety benefits to be derived from installation; and
(C) costs associated with installation, maintenance, and replacement.
(2) The standards shall provide that, except when installation is required under subsection (b) of this section, excess flow valves shall be installed at the request of the customer if the customer will pay all costs associated with installation.
(d)
(e)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1316; Pub. L. 104–304, §§8, 20(j), Oct. 12, 1996, 110 Stat. 3800, 3805; Pub. L. 107–355, §21(1), Dec. 17, 2002, 116 Stat. 3010.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60110(a) | 49 App.:1672(j)(5). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §3(j); added Oct. 24, 1992, Pub. L. 102–508, §104, 106 Stat. 3291. |
| 60110(b) | 49 App.:1672(j)(1). | |
| 60110(c) | 49 App.:1672(j)(2). | |
| 60110(d) | 49 App.:1672(j)(3). | |
| 60110(e) | 49 App.:1672(j)(4). |
In subsection (a)(2), the words “in a manner” are omitted as surplus.
In subsection (b), before clause (1), the words “on when” are substituted for “prescribing the circumstances, if any, under which” to eliminate unnecessary words.
Amendments
2002—Subsec. (b). Pub. L. 107–355 substituted “circumstances, if any, under which an operator” for “circumstances under which an operator” in introductory provisions.
1996—Subsec. (b). Pub. L. 104–304, §20(j), substituted “standards” for “regulations” in introductory provisions.
Subsec. (b)(1). Pub. L. 104–304, §8(1), which directed the insertion of “, if any,” after “circumstances” in the first sentence of subsection (b)(1), could not be executed because the word “circumstances” did not appear in subsec. (b)(1).
Subsec. (b)(4). Pub. L. 104–304, §8(2), inserted “, operating, and maintaining” after “cost of installing”.
Subsec. (c)(1). Pub. L. 104–304, §20(j), substituted “standards” for “regulations” after “prescribe” in introductory provisions.
Subsec. (c)(1)(C). Pub. L. 104–304, §8(3), inserted “, maintenance, and replacement” after “installation”.
Subsec. (c)(2). Pub. L. 104–304, §20(j), substituted “standards” for “regulations”.
Subsec. (e). Pub. L. 104–304, §8(4), inserted after first sentence “The Secretary may adopt industry accepted performance standards in order to comply with the requirement under the preceding sentence.”
§60111. Financial responsibility for liquefied natural gas facilities
(a)
(b)
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1317.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60111(a) | 49 App.:1674b(b)(1), (c). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §7(b)(1)–(3), (c); added Nov. 30, 1979, Pub. L. 96–129, §153, 93 Stat. 1002. |
| 60111(b) | 49 App.:1674b(b)(2). | |
| 60111(c) | 49 App.:1674b(b)(3). |
In subsection (a), the words “is not maintaining adequate insurance or otherwise”, the text of 49 App.:1674b(c), and the words “and serve upon” and “a statement of” are omitted as surplus.
In subsection (b), the words “in accordance with section 554 of title 5” are omitted for consistency in the revised title and because 5:554 applies to a hearing on the record unless otherwise stated. The words “to be held” and “cause as to” are omitted as surplus. The words “the Secretary considers adequate” are substituted for “indicated in the notice under paragraph (1)” for clarity and to eliminate unnecessary words.
Subsection (c) is substituted for 49 App.:1674b(b)(3) to eliminate unnecessary words.
§60112. Pipeline facilities hazardous to life and property
(a)
(1) operation of the facility is or would be hazardous to life, property, or the environment; or
(2) the facility is or would be constructed or operated, or a component of the facility is or would be constructed or operated, with equipment, material, or a technique that the Secretary decides is hazardous to life, property, or the environment.
(b)
(1) the characteristics of the pipe and other equipment used in the pipeline facility, including the age, manufacture, physical properties, and method of manufacturing, constructing, or assembling the equipment;
(2) the nature of the material the pipeline facility transports, the corrosive and deteriorative qualities of the material, the sequence in which the material are 1 transported, and the pressure required for transporting the material;
(3) the aspects of the area in which the pipeline facility is located, including climatic and geologic conditions and soil characteristics;
(4) the proximity of the area in which the hazardous liquid pipeline facility is located to environmentally sensitive areas;
(5) the population density and population and growth patterns of the area in which the pipeline facility is located;
(6) any recommendation of the National Transportation Safety Board made under another law; and
(7) other factors the Secretary considers appropriate.
(c)
(d)
(1)
(2)
(A) the Secretary, after notice and an opportunity for a hearing, determines that the employee's actions did not contribute substantially to the cause of the accident; or
(B) the Secretary determines the employee has been re-qualified or re-trained as provided for in section 60131 and can safely perform those activities.
(3)
(e)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1317; Pub. L. 103–429, §6(76), Oct. 31, 1994, 108 Stat. 4388; Pub. L. 107–355, §§8(a), 10(b), Dec. 17, 2002, 116 Stat. 2993, 2995.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60112(a) | 49 App.:1679b(b)(1) (1st sentence words before 3d comma), (2). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §12(b)(1)–(5); added Nov. 30, 1979, Pub. L. 96–129, §104(b), 93 Stat. 993; Oct. 24, 1992, Pub. L. 102–508, §101(b), 106 Stat. 3290. |
| 49 App.:2008(b)(1) (1st sentence words before 3d comma), (2). | Nov. 30, 1979, Pub. L. 96–129, §209(b)(1)–(5), 93 Stat. 1010; Oct. 24, 1992, Pub. L. 102–508, §201(b), 106 Stat. 3300. | |
| 60112(b) | 49 App.:1679b(b)(3). | |
| 49 App.:2008(b)(3). | ||
| 60112(c) | 49 App.:1679b(b)(6). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §12(b)(6); added Oct. 24, 1992, Pub. L. 102–508, §113(a), 106 Stat. 3296. |
| 49 App.:2008(b)(6). | Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989, §209(b)(6); added Oct. 24, 1992, Pub. L. 102–508, §213(a), 106 Stat. 3305. | |
| 60112(d) | 49 App.:1679b(b)(1) (1st sentence words after 3d comma, last sentence). | |
| 49 App.:2008(b)(1) (1st sentence words after 3d comma, last sentence). | ||
| 60112(e) | 49 App.:1679b(b)(4), (5). | |
| 49 App.:2008(b)(4), (5). |
In subsection (a), before clause (1), the word “reasonable” and the text of 49 App.:1679b(b)(1) (last sentence) and 2008(b)(1) (last sentence) are omitted as surplus. Clauses (1) and (2) are substituted for “that any pipeline facility is hazardous to life or property” and 49 App.:1679b(b)(2) and 2008(b)(2) to eliminate unnecessary words.
In subsection (b)(1), the words “involved” and “(including its resistance to corrosion and deterioration)” are omitted as surplus.
In subsection (b)(5), the words “in connection with any investigation conducted by the Board” are omitted as surplus.
In subsection (c), the words “responsible for pipeline safety” are omitted as surplus.
In subsection (e), the text of 49 App.:1679b(b)(4) and 2008(b)(4) is omitted because of 28:516 and 1331.
Pub. L. 103–429
This amends 49:60112(d) to clarify the restatement of 49 App.:1679b(b)(1) and 2008(b)(1) by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1317).
Amendments
2002—Subsec. (a). Pub. L. 107–355, §8(a)(1), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “After notice and an opportunity for a hearing, the Secretary of Transportation may decide a pipeline facility is hazardous if the Secretary decides the facility is—
“(1) hazardous to life, property, or the environment; or
“(2) constructed or operated, or a component of the facility is constructed or operated, with equipment, material, or a technique the Secretary decides is hazardous to life, property, or the environment.”
Subsec. (d). Pub. L. 107–355, §10(b), designated existing provisions as par. (1), inserted heading, realigned margins, and added pars. (2) and (3).
Pub. L. 107–355, §8(a)(2), substituted “is or would be hazardous” for “is hazardous”.
1994—Subsec. (d). Pub. L. 103–429 inserted before period at end “, including suspended or restricted use of the facility, physical inspection, testing, repair, replacement, or other appropriate action”.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
1 So in original. Probably should be “is”.
§60113. Customer-owned natural gas service lines
Not later than October 24, 1993, the Secretary of Transportation shall prescribe standards requiring an operator of a natural gas distribution pipeline that does not maintain customer-owned natural gas service lines up to building walls to advise its customers of—
(1) the requirements for maintaining those lines;
(2) any resources known to the operator that could assist customers in carrying out the maintenance;
(3) information the operator has on operating and maintaining its lines that could assist customers; and
(4) the potential hazards of not maintaining the lines.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1318; Pub. L. 104–304, §§9, 20(k), Oct. 12, 1996, 110 Stat. 3801, 3805.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60113(a) | 49 App.:1685(b). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §18(b); added Oct. 24, 1992, Pub. L. 102–508, §115(a)(2), 106 Stat. 3296. |
| 60113(b) | 49 App.:1672(k). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §3(k); added Oct. 24, 1992, Pub. L. 102–508, §115(c), 106 Stat. 3297. |
Amendments
1996—Pub. L. 104–304 struck out subsec. (a) designation and heading, substituted “standards” for “regulations”, and struck out subsec. (b), which read as follows:
“(b)
Maintenance of Customer-Owned Service Lines
Pub. L. 102–508, title I, §115(b), Oct. 24, 1992, 106 Stat. 3296, provided that:
“(1)
“(2)
“(3)
“(4)
§60114. One-call notification systems
(a)
(1) a requirement that the system apply to all areas of the State containing underground pipeline facilities.
(2) a requirement that a person, including a government employee or contractor, intending to engage in an activity the Secretary decides could cause physical damage to an underground facility must contact the appropriate system to establish if there are underground facilities present in the area of the intended activity.
(3) a requirement that all operators of underground pipeline facilities participate in an appropriate one-call notification system.
(4) qualifications for an operator of a facility, a private contractor, or a State or local authority to operate a system.
(5) procedures for advertisement and notice of the availability of a system.
(6) a requirement about the information to be provided by a person contacting the system under clause (2) of this subsection.
(7) a requirement for the response of the operator of the system and of the facility after they are contacted by an individual under this subsection.
(8) a requirement that each State decide whether the system will be toll free.
(9) a requirement for sanctions substantially the same as provided under sections 60120 and 60122 of this title.
(b)
(c)
(d)
(1) may not engage in a demolition, excavation, tunneling, or construction activity in a State that has adopted a one-call notification system without first using that system to establish the location of underground facilities in the demolition, excavation, tunneling, or construction area;
(2) may not engage in such demolition, excavation, tunneling, or construction activity in disregard of location information or markings established by a pipeline facility operator pursuant to subsection (b); and
(3) and who causes damage to a pipeline facility that may endanger life or cause serious bodily harm or damage to property—
(A) may not fail to promptly report the damage to the owner or operator of the facility; and
(B) if the damage results in the escape of any flammable, toxic, or corrosive gas or liquid, may not fail to promptly report to other appropriate authorities by calling the 911 emergency telephone number.
(e)
(f)
(g)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1318; Pub. L. 104–287, §5(91), Oct. 11, 1996, 110 Stat. 3398; Pub. L. 104–304, §20(d), Oct. 12, 1996, 110 Stat. 3804; Pub. L. 107–355, §§3(b), 21(2), Dec. 17, 2002, 116 Stat. 2986, 3010; Pub. L. 109–468, §2(a)(1), (e), Dec. 29, 2006, 120 Stat. 3486, 3489.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60114(a) | 49 App.:1687(b), (e). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §20(a)–(e); added Oct. 31, 1988, Pub. L. 100–561, §303(a), 102 Stat. 2814. |
| 60114(b) | 49 App.:1687(c). | |
| 60114(c) | 49 App.:1687(h). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §20(h); added Oct. 24, 1992, Pub. L. 102–508, §304(a), 106 Stat. 3308. |
| 60114(d) | 49 App.:1687(a). | |
| 60114(e) | 49 App.:1687(d). |
In subsection (a), before clause (1), the words “Not later than 18 months after October 31, 1988” are omitted as obsolete. The words “as described in subsection (a)” are omitted as surplus. In clause (1), the words “or systems” are omitted because of 1:1. In clause (8), the words “or not” are omitted as surplus.
In subsection (b), the words “all of the requirements established under” are omitted as surplus.
In subsection (c), the words “contractor, excavator, or other” are omitted as surplus.
In subsection (d), before clause (1), the words “When apportioning the amount appropriated to carry out” are substituted for “In making allocations under” for consistency with section 60107 of the revised title. In clause (2), the words “shall withhold part of a payment under section 60107 of this title” are substituted for “such State may not receive the full reimbursement under such sections to which it would otherwise be entitled” for clarity and consistency.
Pub. L. 104–287
This amends 49:60114(a)(9) to clarify the restatement of 49 App.:1687(b) by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1319), because the requirement for substantially the same sanctions was not intended to include criminal penalties.
Amendments
2006—Subsecs. (d) to (g). Pub. L. 109–468 added subsecs. (d) to (g).
2002—Subsec. (a)(2). Pub. L. 107–355, §3(b), inserted “, including a government employee or contractor,” after “person”.
Subsecs. (c), (d). Pub. L. 107–355, §21(2), redesignated subsec. (d) as (c).
1996—Subsec. (a)(9). Pub. L. 104–287 and Pub. L. 104–304, §20(d)(1), amended par. (9) identically, substituting “60120 and 60122” for “60120, 60122, and 60123”.
Subsec. (b). Pub. L. 104–304, §20(d)(2), (3), redesignated subsec. (c) as (b) and struck out former subsec. (b) which read as follows:
“(b)
Subsec. (c). Pub. L. 104–304, §20(d)(3), redesignated subsec. (c) as (b).
Subsecs. (d), (e). Pub. L. 104–304, §20(d)(2), (3), redesignated subsec. (e) as (d) and struck out former subsec. (d) which read as follows:
“(d)
“(1) shall consider whether a State has adopted or is seeking adoption of a one-call notification system under this section; and
“(2) shall withhold part of a payment under section 60107 of this title when the Secretary decides a State has not adopted, or is not seeking adoption of, a one-call notification system.”
Effective Date of 1996 Amendment
Amendment by Pub. L. 104–287 effective July 5, 1994, see section 8(1) of Pub. L. 104–287, set out as a note under section 5303 of this title.
Nationwide Toll-Free Number System
Pub. L. 107–355, §17, Dec. 17, 2002, 116 Stat. 3008, provided that: “Within 1 year after the date of the enactment of this Act [Dec. 17, 2002], the Secretary of Transportation shall, in conjunction with the Federal Communications Commission, facility operators, excavators, and one-call notification system operators, provide for the establishment of a 3-digit nationwide toll-free telephone number system to be used by State one-call notification systems.”
§60115. Technical safety standards committees
(a)
(b)
(2) The Technical Hazardous Liquid Pipeline Safety Standards Committee is composed of 15 members appointed by the Secretary after consulting with public and private agencies concerned with the technical aspect of transporting hazardous liquid or operating a hazardous liquid pipeline facility. Each member must be experienced in the safety regulation of transporting hazardous liquid and of hazardous liquid pipeline facilities or technically qualified, by training, experience, or knowledge in at least one field of engineering applicable to transporting hazardous liquid or operating a hazardous liquid pipeline facility, to evaluate hazardous liquid pipeline safety standards or risk management principles.
(3) The members of each committee are appointed as follows:
(A) 5 individuals selected from departments, agencies, and instrumentalities of the United States Government and of the States.
(B) 5 individuals selected from the natural gas or hazardous liquid industry, as appropriate, after consulting with industry representatives.
(C) 5 individuals selected from the general public.
(4)(A) Two of the individuals selected for each committee under paragraph (3)(A) of this subsection must be State commissioners. The Secretary shall consult with the national organization of State commissions before selecting those 2 individuals.
(B) At least 3 of the individuals selected for each committee under paragraph (3)(B) of this subsection must be currently in the active operation of natural gas pipelines or hazardous liquid pipeline facilities, as appropriate. At least 1 of the individuals selected for each committee under paragraph (3)(B) shall have education, background, or experience in risk assessment and cost-benefit analysis. The Secretary shall consult with the national organizations representing the owners and operators of pipeline facilities before selecting individuals under paragraph (3)(B).
(C) Two of the individuals selected for each committee under paragraph (3)(C) of this subsection must have education, background, or experience in environmental protection or public safety. At least 1 of the individuals selected for each committee under paragraph (3)(C) shall have education, background, or experience in risk assessment and cost-benefit analysis. At least one individual selected for each committee under paragraph (3)(C) may not have a financial interest in the pipeline, petroleum, or natural gas industries.
(D) None of the individuals selected for a committee under paragraph (3)(C) may have a significant financial interest in the pipeline, petroleum, or gas industry.
(c)
(A) the Technical Pipeline Safety Standards Committee each standard proposed under this chapter for transporting gas and for gas pipeline facilities including the risk assessment information and other analyses supporting each proposed standard; and
(B) the Technical Hazardous Liquid Pipeline Safety Standards Committee each standard proposed under this chapter for transporting hazardous liquid and for hazardous liquid pipeline facilities including the risk assessment information and other analyses supporting each proposed standard.
(2) Not later than 90 days after receiving the proposed standard and supporting analyses, the appropriate committee shall prepare and submit to the Secretary a report on the technical feasibility, reasonableness, cost-effectiveness, and practicability of the proposed standard and include in the report recommended actions. The Secretary shall publish each report, including any recommended actions and minority views. The report if timely made is part of the proceeding for prescribing the standard. The Secretary is not bound by the conclusions of the committee. However, if the Secretary rejects the conclusions of the committee, the Secretary shall publish the reasons.
(3) The Secretary may prescribe a standard after the end of the 90-day period.
(d)
(2) If requested by the Secretary, a committee shall make policy development recommendations to the Secretary.
(e)
(f)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1319; Pub. L. 104–88, title III, §308(m), Dec. 29, 1995, 109 Stat. 948; Pub. L. 104–304, §10, Oct. 12, 1996, 110 Stat. 3801; Pub. L. 107–355, §20(b), Dec. 17, 2002, 116 Stat. 3010.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60115(a) | 49 App.:1673(a) (1st sentence). | Aug. 12, 1968, Pub. L. 90–481, §4(a), 82 Stat. 722; Nov. 30, 1979, Pub. L. 96–129, §102(a), 93 Stat. 991; Oct. 24, 1992, Pub. L. 102–508, §105(1), 106 Stat. 3293. |
| 49 App.:2003(a) (1st sentence). | Nov. 30, 1979, Pub. L. 96–129, §204(a), 93 Stat. 1005; Oct. 24, 1992, Pub. L. 102–508, §204(1), 106 Stat. 3301. | |
| 60115(b)(1) | 49 App.:1673(a) (last sentence words before colon). | |
| 60115(b)(2) | 49 App.:2003(a) (last sentence words before colon). | |
| 60115(b)(3), (4) | 49 App.:1671(7). | Aug. 12, 1968, Pub. L. 90–481, §2(7), 82 Stat. 720; Nov. 30, 1979, Pub. L. 96–129, §109(a), 93 Stat. 996. |
| 49 App.:1673(a) (last sentence words after colon). | ||
| 49 App.:2001(10). | Nov. 30, 1979, Pub. L. 96–129, §§202(10), 204(c), 93 Stat. 1004, 1006. | |
| 49 App.:2003(a) (last sentence words after colon). | ||
| 60115(c) | 49 App.:1673(b) (1st–5th sentences). | Aug. 12, 1968, Pub. L. 90–481, §4(b), 82 Stat. 722; Nov. 30, 1979, Pub. L. 96–129, §102(b), 93 Stat. 991; Jan. 14, 1983, Pub. L. 97–468, §101 (related to §4(b)), 96 Stat. 2543; Oct. 24, 1992, Pub. L. 102–508, §105(2), 106 Stat. 3293. |
| 49 App.:2003(b) (1st–5th sentences). | Nov. 30, 1979, Pub. L. 96–129, §204(b), 93 Stat. 1006; Jan. 14, 1983, Pub. L. 97–468, §101 (related to §204(b)), 96 Stat. 2543; Oct. 24, 1992, Pub. L. 102–508, §204(2), 106 Stat. 3302. | |
| 60115(d) | 49 App.:1673(b) (6th sentence). | |
| 49 App.:2003(b) (6th sentence). | ||
| 60115(e) | 49 App.:1673(b) (7th, last sentences). | |
| 49 App.:2003(b) (7th, last sentences). | ||
| 60115(f) | 49 App.:1673(c). | Aug. 12, 1968, Pub. L. 90–481, §4(c), 82 Stat. 722; Nov. 30, 1979, Pub. L. 96–129, §102(c), 93 Stat. 991. |
| 49 App.:2003(c). |
In subsection (a), the words “Not later than 12 months after November 30, 1979” and “and appoint the initial members of the Committee” in 49 App.:2003(a) (1st sentence) are omitted as executed.
In subsection (b)(3)(A)–(C), the word “individuals” is substituted for “members” for consistency.
In subsection (b)(3)(A), the words “departments, agencies, and instrumentalities of the United States Government and of the States” are substituted for “governmental agencies, including State and Federal Governments” for consistency in the revised title and with other titles of the United States Code.
In subsection (b)(3)(B), the words “as appropriate” are added because of the restatement.
In subsection (b)(4), the words “representatives of” are omitted as surplus. The words “section 10344(f) of this title” are substituted for “subchapter III of chapter 103 of title 49” for clarity.
In subsection (c)(1)(A) and (B), the words “or any proposed amendment to a standard under this chapter, for its consideration” are omitted as surplus.
In subsection (c)(1)(B), the words “After the Committee has been established and its members appointed” in 49 App.:2003(b) are omitted as executed.
In subsection (c)(2), the words “or amendment”, “by the Committee”, “of the majority”, and “for rejection thereof” are omitted as surplus.
In subsection (c)(3), the words “final . . . or a final amendment to a standard at any time” are omitted as surplus. The words “the end of the 90-day period” are substituted for “the 90th day after its submission to the Committee, whether or not the Committee has reported on such standard or amendment” to eliminate unnecessary words.
In subsection (d), the words “for his consideration” are omitted as surplus.
In subsection (e), the words “(or his designee)” are omitted as surplus because of 49:322(b). The words “at least” are substituted for “not less frequently than” to eliminate unnecessary words. The word “calendar” is omitted as surplus.
In subsection (f), the words “The Secretary may establish the pay” are substituted for “may be compensated at a rate to be fixed by the Secretary” for consistency and to eliminate unnecessary words. The words “of the Committee” after “Members”, “actual”, and “then currently” are omitted as surplus. The reference to section 5376 of title 5 is substituted for the reference to section 5332 of title 5 because of section 529 of the Treasury, Postal Service and General Government Appropriations Act, 1991 (Public Law 101–509, 104 Stat. 1442). The words “A member is entitled to expenses under section 5703 of title 5” are substituted for 49 App.:1673(c) (2d sentence) and 2003(c) (2d sentence) to eliminate unnecessary words. The words “for any purpose” are omitted as surplus. The words “This subsection does not apply to members regularly employed by the Government” are substituted for “other than Federal employees” for clarity.
References in Text
The date of the enactment of the Accountable Pipeline Safety and Partnership Act of 1996, referred to in subsec. (a), is the date of enactment of Pub. L. 104–304, which was approved Oct. 12, 1996.
Amendments
2002—Subsec. (b)(4)(D). Pub. L. 107–355 added subpar. (D).
1996—Subsec. (a). Pub. L. 104–304, §10(a), inserted at end “The committees referred to in the preceding sentence shall serve as peer review committees for carrying out this chapter. Peer reviews conducted by the committees shall be treated for purposes of all Federal laws relating to risk assessment and peer review (including laws that take effect after the date of the enactment of the Accountable Pipeline Safety and Partnership Act of 1996) as meeting any peer review requirements of such laws.”
Subsec. (b)(1), (2). Pub. L. 104–304, §10(b)(1), (2), inserted before period at end “or risk management principles”.
Subsec. (b)(3)(B). Pub. L. 104–304, §10(b)(3), substituted “5” for “4”.
Subsec. (b)(3)(C). Pub. L. 104–304, §10(b)(4), substituted “5” for “6”.
Subsec. (b)(4)(B). Pub. L. 104–304, §10(b)(5), inserted at end “At least 1 of the individuals selected for each committee under paragraph (3)(B) shall have education, background, or experience in risk assessment and cost-benefit analysis. The Secretary shall consult with the national organizations representing the owners and operators of pipeline facilities before selecting individuals under paragraph (3)(B).”
Subsec. (b)(4)(C). Pub. L. 104–304, §10(b)(6), inserted after first sentence “At least 1 of the individuals selected for each committee under paragraph (3)(C) shall have education, background, or experience in risk assessment and cost-benefit analysis.”
Subsec. (c)(1)(A). Pub. L. 104–304, §10(c)(1), inserted before semicolon “including the risk assessment information and other analyses supporting each proposed standard”.
Subsec. (c)(1)(B). Pub. L. 104–304, §10(c)(2), inserted before period at end “including the risk assessment information and other analyses supporting each proposed standard”.
Subsec. (c)(2). Pub. L. 104–304, §10(c)(3)–(6), inserted “and supporting analyses” after “receiving the proposed standard”, “and submit to the Secretary” after “prepare”, “cost-effectiveness,” after “reasonableness,”, “and include in the report recommended actions” after “practicability of the proposed standard”, and “any recommended actions and” after “including”.
Subsec. (e). Pub. L. 104–304, §10(d), substituted “up to 4 times” for “twice”.
Subsec. (f). Pub. L. 104–304, §10(e), substituted “
1995—Subsec. (b)(4)(A). Pub. L. 104–88 struck out “(referred to in section 10344(f) of this title)” after “commissions”.
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 701 of this title.
§60116. Public education programs
(a)
(b)
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1321; Pub. L. 104–304, §11, Oct. 12, 1996, 110 Stat. 3802; Pub. L. 107–355, §5, Dec. 17, 2002, 116 Stat. 2988.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60116 | 49 App.:1685(a). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §18(a); added Oct. 11, 1976, Pub. L. 94–477, §8, 90 Stat. 2075; Nov. 30, 1979, Pub. L. 96–129, §104(b), 93 Stat. 992; Oct. 24, 1992, Pub. L. 102–508, §115(a)(1), 106 Stat. 3296. |
References in Text
The date of enactment of the Pipeline Safety Improvement Act of 2002, referred to in subsec. (b), is the date of enactment of Pub. L. 107–355, which was approved Dec. 17, 2002.
Amendments
2002—Pub. L. 107–355 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: “Under regulations the Secretary of Transportation prescribes, each owner or operator of a gas pipeline facility shall carry out a program to educate the public on the use of a one-call notification system prior to excavation, the possible hazards associated with gas leaks, and the importance of reporting gas odors and leaks to the appropriate authority. The Secretary may develop material suitable for use in the program.”
1996—Pub. L. 104–304 substituted “owner or operator of a gas pipeline facility” for “person transporting gas”, inserted “the use of a one-call notification system prior to excavation,” after “educate the public on”, and inserted comma after “gas leaks”.
§60117. Administrative
(a)
(b)
(1) maintain records, make reports, and provide information the Secretary requires; and
(2) make the records, reports, and information available when the Secretary requests.
The Secretary may require owners and operators of gathering lines to provide the Secretary information pertinent to the Secretary's ability to make a determination as to whether and to what extent to regulate gathering lines.
(c)
(d)
(e)
(2) Each report related to research and demonstration projects and related activities is public information.
(f)
(1) notifying the appropriate State official in the State in which the facility is located; and
(2) attempting to negotiate a mutually acceptable plan for testing with the owner of the facility and, when the Secretary considers appropriate, the National Transportation Safety Board.
(g)
(h)
(1) advise, assist, and cooperate with other departments, agencies, and instrumentalities of the United States Government, the States, and public and private agencies and persons in planning and developing safety standards and ways to inspect and test to decide whether those standards have been complied with;
(2) consult with and make recommendations to other departments, agencies, and instrumentalities of the Government, State and local governments, and public and private agencies and persons to develop and encourage activities, including the enactment of legislation, that will assist in carrying out this chapter and improve State and local pipeline safety programs; and
(3) participate in a proceeding involving safety requirements related to a liquefied natural gas facility before the Commission or a State authority.
(i)
(2) In consultation with the Occupational Safety and Health Administration, the Secretary shall establish procedures to notify the Administration of any pipeline accident in which an excavator that has caused damage to a pipeline may have violated a regulation of the Administration.
(j)
(k)
(l)
(1)
(2)
(A) the considerations specified in paragraphs (1) through (6) of section 60112(b);
(B) the likelihood that the condition will impair the serviceability of a pipeline;
(C) the likelihood that the condition will worsen over time; and
(D) the likelihood that the condition is present or could develop on other areas of the pipeline.
(m)
(1)
(2)
(n)
(1)
(2)
(3)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1321; Pub. L. 103–429, §6(77), Oct. 31, 1994, 108 Stat. 4388; Pub. L. 104–304, §§12, 19, Oct. 12, 1996, 110 Stat. 3802, 3804; Pub. L. 107–355, §7, Dec. 17, 2002, 116 Stat. 2993; Pub. L. 109–468, §§11, 13, 17, Dec. 29, 2006, 120 Stat. 3494–3496.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60117(a) | 49 App.:1681(a) (1st sentence words before semicolon). | Aug. 12, 1968, Pub. L. 90–481, §14(a) (1st sentence), 82 Stat. 727; restated Nov. 30, 1979, Pub. L. 96–129, §§104(b), 106, 93 Stat. 992, 994. |
| 49 App.:1681(a) (last sentence). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §14(a) (last sentence); added Oct. 11, 1984, Pub. L. 98–464, §7(a), 98 Stat. 1823. | |
| 49 App.:2010(a) (1st sentence words before semicolon). | Nov. 30, 1979, Pub. L. 96–129, §211(a) (1st sentence), 93 Stat. 1012. | |
| 49 App.:2010(a) (last sentence). | Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989, §211(a) (last sentence); added Oct. 11, 1984, Pub. L. 98–464, §7(b), 98 Stat. 1823. | |
| 60117(b) | 49 App.:1681(b). | Aug. 12, 1968, Pub. L. 90–481, §14(b)–(e), 82 Stat. 727; restated Nov. 30, 1979, Pub. L. 96–129, §§104(b), 106, 93 Stat. 992, 995. |
| 49 App.:2010(b). | Nov. 30, 1979, Pub. L. 96–129, §211(b)–(e), 93 Stat. 1012. | |
| 60117(c) | 49 App.:1681(c). | |
| 49 App.:2010(c). | ||
| 60117(d) | 49 App.:1681(e) (1st sentence). | |
| 49 App.:2010(e) (1st sentence). | ||
| 60117(e) | 49 App.:1681(d). | |
| 49 App.:2010(d). | ||
| 60117(f) | 49 App.:1681(a) (1st sentence words after semicolon). | |
| 49 App.:1681(a) (2d sentence). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §14(a) (2d sentence); added Oct. 31, 1988, Pub. L. 100–561, §109, 102 Stat. 2809. | |
| 49 App.:2010(a) (1st sentence words after semicolon). | ||
| 49 App.:2010(a) (2d sentence). | Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989, §211(a) (2d sentence); added Oct. 31, 1988, Pub. L. 100–561, §208, 102 Stat. 2812. | |
| 60117(g) | 49 App.:1682(a). | Aug. 12, 1968, Pub. L. 90–481, §15(a), 82 Stat. 727; Nov. 30, 1979, Pub. L. 96–129, §§104(b), 109(j)(2), (k), 155(b), 93 Stat. 992, 997, 1003. |
| 49 App.:2011(a). | Nov. 30, 1979, Pub. L. 96–129, §212(a)–(c), 93 Stat. 1013. | |
| 60117(h)(1) | 49 App.:1682(b). | Aug. 12, 1968, Pub. L. 90–481, §15(b), 82 Stat. 727; Nov. 30, 1979, Pub. L. 96–129, §§104(b), 109(j)(2), 93 Stat. 992, 997. |
| 49 App.:2011(b). | ||
| 60117(h)(2) | 49 App.:1682(c). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §15(c); added Aug. 22, 1972, Pub. L. 92–401, §3, 86 Stat. 616; Nov. 30, 1979, Pub. L. 96–129, §§104(b), 109(j)(2), 93 Stat. 992, 997. |
| 49 App.:2011(c). | ||
| 60117(h)(3) | 49 App.:1682(d). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §15(d); added Nov. 30, 1979, Pub. L. 96–129, §155(a), 93 Stat. 1003. |
| 60117(i) | 49 App.:1676(b). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §9(b); added Oct. 31, 1988, Pub. L. 100–561, §105(2), 102 Stat. 2807. |
| 49 App.:2011(d). | Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989, §212(d); added Oct. 31, 1988, Pub. L. 100–561, §209, 102 Stat. 2812. | |
| 60117(j) | 49 App.:1681(e) (last sentence). | |
| 49 App.:2010(e) (last sentence). |
In subsection (a), the words “to the extent necessary . . . his responsibilities under” and “relevant” are omitted as surplus. The words “documents and” are omitted as being included in “records”. The words “directly or, by contract, or otherwise” are omitted as surplus.
In subsections (b), before clause (1), and (c), the words “has acted or . . . acting” are omitted as surplus. The word “prescribed” is added for consistency in the revised title and with other titles of the United States Code.
In subsection (b)(1), the words “establish and” and “reasonably” are omitted as surplus.
In subsection (c), the words “enter premises to” are substituted for “enter upon” for clarity and consistency. The words “and examine” and “to the extent such records and properties are relevant” are omitted as surplus.
In subsection (d), the words “related to a confidential matter” are substituted for “which information contains or relates to a trade secret . . . shall be considered confidential for the purpose of that section” to eliminate unnecessary words. The words “All information reported to or otherwise” are omitted as surplus. The words “an officer, employee, or agent” are substituted for “his representative” for consistency. The word “only” is substituted for “except that such information” to eliminate unnecessary words. The words “when relevant” are omitted as surplus.
In subsection (e)(1), the words “civil, criminal, or other” are omitted as surplus.
In subsection (f), before clause (1), the words “however . . . exercise authority under this section to” are omitted as surplus. In clause (1), the word “affected” is omitted as surplus. In clause (2), the word “attempting” is substituted for “make every effort” to eliminate unnecessary words. The words “for testing” and “the Secretary considers” are added for clarity.
In subsection (g), the words “with respect to matters under their jurisdiction” in 49 App.:2011(a) are omitted as surplus.
In subsection (h)(1) and (2), the word “instrumentalities” is added for consistency in the revised title and with other titles of the Code.
In subsection (h)(1), the word “Federal” before “safety” is omitted as surplus.
In subsection (h)(3), the words “as a matter of right intervene or otherwise” and the text of 49 App.:1682(d) (last sentence) are omitted as surplus.
In subsection (i), the words “Not later than 1 year after October 31, 1988” are omitted as obsolete. The words “departments, agencies, and instrumentalities of the Government and State authorities” are substituted for “agencies of the United States and of the States” for consistency in the revised title and with other titles of the Code.
In subsection (j), the words “by the Secretary or any officer, employee, or agent under his control” are omitted as surplus. The words “to have the information” are substituted for “duly” for clarity.
Pub. L. 103–429
This amends 49:60117(i) by restating section 304(c) of the Pipeline Safety Act of 1992 (Public Law 102–508, 106 Stat. 3308) as 49:60117(i)(2).
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60117(i)(2) | 49 App.:1682 (note). | Oct. 24, 1992, Pub. L. 102–508, §304(c), 106 Stat. 3308. |
Amendments
2006—Subsec. (l). Pub. L. 109–468, §13, reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “If the Secretary decides that a pipeline facility has a potential safety-related condition, the Secretary may order the operator of the facility to take necessary corrective action, including physical inspection, testing, repair, replacement, or other appropriate action to remedy the safety-related condition.”
Subsecs. (m), (n). Pub. L. 109–468, §§11, 17, added subsecs. (m) and (n).
2002—Subsec. (l). Pub. L. 107–355 added subsec. (l).
1996—Subsec. (a). Pub. L. 104–304, §19, inserted “and promotional activities relating to prevention of damage to pipeline facilities” after “and training activities”.
Subsec. (b). Pub. L. 104–304, §12(1), (3), substituted “owning” for “transporting gas or hazardous liquid” and inserted at end “The Secretary may require owners and operators of gathering lines to provide the Secretary information pertinent to the Secretary's ability to make a determination as to whether and to what extent to regulate gathering lines.”
Subsec. (k). Pub. L. 104–304, §12(2), added subsec. (k).
1994—Subsec. (i). Pub. L. 103–429 designated existing provisions as par. (1) and added par. (2).
Incident Reporting
Pub. L. 109–468, §15, Dec. 29, 2006, 120 Stat. 3496, provided that: “Not later than December 31, 2007, the Secretary of Transportation shall review the incident reporting requirements for operators of natural gas pipelines and modify the reporting criteria as appropriate to ensure that the incident data gathered accurately reflects incident trends over time, taking into consideration the recommendations from the Comptroller General in GAO report 06–946.”
Accident Reporting Form
Pub. L. 109–468, §20, Dec. 29, 2006, 120 Stat. 3498, provided that: “Not later than December 31, 2007, the Secretary of Transportation shall amend accident reporting forms to require operators of gas and hazardous liquid pipelines to provide data related to controller fatigue.”
§60118. Compliance and waivers
(a)
(1) comply with applicable safety standards prescribed under this chapter, except as provided in this section or in section 60126;
(2) prepare and carry out a plan for inspection and maintenance required under section 60108(a) and (b) of this title;
(3) allow access to or copying of records, make reports and provide information, and allow entry or inspection required under section 60117(a)–(d) of this title; and
(4) conduct a risk analysis, and adopt and implement an integrity management program, for pipeline facilities as required under section 60109(c).
(b)
(c)
(1)
(A)
(B)
(2)
(A)
(i) it is in the public interest to grant the waiver;
(ii) the waiver is not inconsistent with pipeline safety; and
(iii) the waiver is necessary to address an actual or impending emergency involving pipeline transportation, including an emergency caused by a natural or manmade disaster.
(B)
(3)
(d)
(e)
(f)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1322; Pub. L. 104–304, §13, Oct. 12, 1996, 110 Stat. 3802; Pub. L. 107–355, §§10(a), (c), 14(c), Dec. 17, 2002, 116 Stat. 2995, 2996, 3005; Pub. L. 109–468, §10, Dec. 29, 2006, 120 Stat. 3494.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60118(a) | 49 App.:1677(a). | Aug. 12, 1968, Pub. L. 90–481, §10(a), 82 Stat. 725; Nov. 30, 1979, Pub. L. 96–129, §[§] 105(b), 109(h)(4), 152(a), 93 Stat. 994, 996, 999. |
| 49 App.:2006(a). | Nov. 30, 1979, Pub. L. 96–129, §§203(h), 207(a), (b)(1), 93 Stat. 1005, 1009. | |
| 60118(b) | 49 App.:1677(b)(1). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §10(b)(1); added Nov. 30, 1979, Pub. L. 96–129, §§104(a)(1), 152(a), 93 Stat. 992, 999. |
| 49 App.:2006(b)(1). | ||
| 60118(c) | 49 App.:1672(d) (1st, 2d sentences). | Aug. 12, 1968, Pub. L. 90–481, §3(d), 82 Stat. 721; Nov. 30, 1979, Pub. L. 96–129, §[§] 104(d), 109(c), 152(b)(2), 93 Stat. 994, 996, 1001. |
| 49 App.:2002(h) (1st, 2d sentences). | ||
| 60118(d) | 49 App.:1672(d) (3d–last sentences). | |
| 49 App.:2002(h) (3d–last sentences). |
In subsection (a)(1), the words “at all times after the date . . . takes effect . . . the requirements of” are omitted as surplus. The words “except as provided in this section” are added for clarity.
In subsection (a)(2), the words “establish and” in 49 App.:2006(a)(2) and “and comply with such plan” are omitted as surplus.
In subsection (b), the word “prescribed” is substituted for “issued” for consistency in the revised title and with other titles of the United States Code. The word “particular” is omitted as surplus. The words “a person must take to comply” are substituted for “required of the person to whom the order is issued” for clarity and to eliminate unnecessary words.
In subsection (c), the words “any part of” are substituted for “in whole or in part” to eliminate unnecessary words. The words “and to such extent” and “he determines that . . . of compliance with such standard” are omitted as surplus.
In subsection (d), the words “to which the certification or agreement applies” are added for clarity. The words “to the granting of the waiver” and “any State agency action granting” are omitted as surplus. The words “shall provide a prompt opportunity for a hearing” are substituted for “shall afford such agency a prompt opportunity to present its request for waiver, with opportunity for hearing” to eliminate unnecessary words and for consistency in the revised title and with other titles of the Code.
Amendments
2006—Subsec. (c). Pub. L. 109–468 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “On application of a person owning or operating a pipeline facility, the Secretary by order may waive compliance with any part of an applicable standard prescribed under this chapter on terms the Secretary considers appropriate, if the waiver is not inconsistent with pipeline safety. The Secretary shall state the reasons for granting a waiver under this subsection. The Secretary may act on a waiver only after notice and an opportunity for a hearing.”
2002—Subsec. (a)(4). Pub. L. 107–355, §14(c), added par. (4).
Subsec. (e). Pub. L. 107–355, §10(a), added subsec. (e).
Subsec. (f). Pub. L. 107–355, §10(c), added subsec. (f).
1996—Subsec. (a). Pub. L. 104–304, §13(a)(1), struck out “transporting gas or hazardous liquid or” after “person” in introductory provisions.
Subsec. (a)(1). Pub. L. 104–304, §13(a)(2), added par. (1) and struck out former par. (1) which read as follows: “comply with applicable safety standards prescribed under this chapter, except as provided in this section;”.
Subsec. (b). Pub. L. 104–304, §13(b), reenacted subsec. heading without change and amended text generally. Prior to amendment, text read as follows: “The Secretary of Transportation may issue orders directing compliance with this chapter or a regulation prescribed under this chapter. An order shall state clearly the action a person must take to comply.”
Subsec. (c). Pub. L. 104–304, §13(c), substituted “owning” for “transporting gas or hazardous liquid”.
1 So in original. Probably should be “investigates”.
§60119. Judicial review
(a)
(2) A judgment of a court under paragraph (1) of this subsection may be reviewed only by the Supreme Court under section 1254 of title 28. A remedy under paragraph (1) is in addition to any other remedies provided by law.
(b)
(2) A judgment of a court under paragraph (1) of this subsection may be reviewed only by the Supreme Court under section 1254(1) of title 28.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1323.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60119(a)(1) | 49 App.:1675(a). | Aug. 12, 1968, Pub. L. 90–481, §8(a), 82 Stat. 724; Nov. 30, 1979, Pub. L. 96–129, §§104(e)(2), 152(a), 93 Stat. 994, 999; Jan. 14, 1983, Pub. L. 97–468, §102, 96 Stat. 2543. |
| 49 App.:2005(a). | Nov. 30, 1979, Pub. L. 96–129, §206(a), 93 Stat. 1009; Jan. 14, 1983, Pub. L. 97–468, §103, 96 Stat. 2543. | |
| 60119(a)(2) | 49 App.:1675(b), (c). | Aug. 12, 1968, Pub. L. 90–481, §8(b), (c), 82 Stat. 724; Nov. 30, 1979, Pub. L. 96–129, §§104(e)(3), 152(a), 93 Stat. 994, 999. |
| 49 App.:1675(d), (e). | Aug. 12, 1968, Pub. L. 90–481, §8(d), (e), 82 Stat. 725; Nov. 30, 1979, Pub. L. 96–129, §152(a), 93 Stat. 999. | |
| 49 App.:2005(b)–(e). | Nov. 30, 1979, Pub. L. 96–129, §206(b)–(e), 93 Stat. 1009. | |
| 60119(b)(1) | 49 App.:1674b(b) (4)(A), (B). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §7(b)(4); added Nov. 30, 1979, Pub. L. 96–129, §153, 93 Stat. 1002. |
| 60119(b)(2) | 49 App.:1674b(b) (4)(C). |
In this section, the word “judicial” is omitted as surplus.
In subsection (a)(1), the words “Except as provided in subsection (b) of this section” are added for clarity. The words “who is or will be . . . or aggrieved” are omitted as surplus. The word “prescribed” is added for consistency in the revised title and with other titles of the United States Code. The word “Circuit” is added to complete the proper title of the Court. The word “resides” is substituted for “located” for clarity and for consistency in the revised title and with other titles of the Code. The words “or other officer designated by him for that purpose” are omitted as surplus because of 49:322(b).
In subsection (a)(2), the text of 49 App.:1675(b) and 2005(b) is omitted as surplus because of 28:1331 and because 5:ch. 7 applies in the absence of an exception. The text of 49 App.:1675(d) and 2005(d) is omitted as covered by rule 43 of the Federal Rules of Appellate Procedure (28 App. U.S.C.). The words “affirming or setting aside, in whole or in part, any such regulation or order of the Secretary” are omitted as surplus. The words “may be reviewed only” are substituted for “shall be final, subject to review” for consistency. The words “and not in substitution for” are omitted as surplus.
In subsection (b)(1), the words “adversely affected” are substituted for “aggrieved” for consistency in the revised title and with other titles of the Code. The word “only” is omitted as surplus. The text of 49 App.:1674b(b)(4)(B) (1st sentence) is omitted as surplus because 28:2112 applies in the absence of an exception. The text of 49 App.:1674b(b)(4)(B) (2d sentence) is omitted as surplus and because of 28:1651.
In subsection (b)(2), the words “and decree” are omitted as surplus. The words “may be reviewed only” are substituted for “shall be final, except that such judgment and decree shall be subject to review” for consistency and to eliminate unnecessary words. The words “upon certiorari” are omitted as surplus because of 28:1254(1).
§60120. Enforcement
(a)
(1)
(2)
(b)
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1323; Pub. L. 107–355, §8(b)(3), Dec. 17, 2002, 116 Stat. 2993.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60120(a)(1) | 49 App.:1677(b)(2). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §10(b)(2); added Nov. 30, 1979, Pub. L. 96–129, §§104(a)(1), 152(a), 93 Stat. 992, 999. |
| 49 App.:1679b(a)(1). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §12(a); added Nov. 30, 1979, Pub. L. 96–129, §104(b), 93 Stat. 993. | |
| 49 App.:2006(b)(2). | Nov. 30, 1979, Pub. L. 96–129, §§207(b)(2), (c), 209(a), 93 Stat. 1009, 1010. | |
| 49 App.:2008(a)(1). | ||
| 60120(a)(2) | 49 App.:1681(f). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §14(f); added Oct. 24, 1992, Pub. L. 102–508, §112(b), 106 Stat. 3295. |
| 49 App.:2010(f). | Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989, §211(f); added Oct. 24, 1992, Pub. L. 102–508, §211(b), 106 Stat. 3304. | |
| 60120(b) | 49 App.:1679b(a)(2). | |
| 49 App.:2008(a)(2). | ||
| 60120(c) | 49 App.:1677(c). | Aug. 12, 1968, Pub. L. 90–481, §10(c), 82 Stat. 725; Nov. 30, 1979, Pub. L. 96–129, §§104(a)(1), 152(a), 93 Stat. 992, 999. |
| 49 App.:2006(c). |
In subsection (a)(1), the text of 49 App.:1677(b)(2) and 2006(b)(2) and the words “shall have jurisdiction to determine such actions” in 49 App.:1679b(a)(1) and 2008(a)(1) are omitted as redundant and because of 28:1331 and 1345. The word “civil” is added for consistency in the revised title and with other titles of the United States Code and because of rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). The words “to enforce this chapter” are substituted for “for equitable relief to redress or restrain a violation by any person of a provision of this chapter” to eliminate unnecessary words. The word “prescribed” is substituted for “issued” for consistency in the revised title and with other titles of the Code. The words “necessary or . . . mandatory or prohibitive injunctive relief, interim equitable relief, and” are omitted as surplus.
In subsection (a)(2), the words “the Attorney General may bring a civil action in a district court of the United States” are substituted for “such district court shall, upon the request of the Attorney General . . . have jurisdiction to issue to such person an order” for clarity and consistency and because of 28:1331 and 1345. The words “contumacy or” are omitted as surplus. The word “premises” is added for clarity and consistency. The words “or examine” are omitted as being included in “inspect”.
In subsection (b), the words “mandatory or prohibitive” are omitted as surplus. The words “the defendant may demand a jury trial” are substituted for “trial shall be by the court or, upon demand of the accused, by a jury” to eliminate unnecessary words and for consistency in the revised title and with other titles of the Code.
In subsection (c), the words “common law or statutory” are omitted as surplus.
Amendments
Subsec. (a). Pub. L. 107–355 reenacted subsec. heading without change, added par. (1) and struck out former par. (1), inserted par. (2) heading and realigned margins. Prior to amendment, par. (1) read as follows: “On the request of the Secretary of Transportation, the Attorney General may bring a civil action in an appropriate district court of the United States to enforce this chapter or a regulation prescribed or order issued under this chapter. The court may award appropriate relief, including punitive damages.”
§60121. Actions by private persons
(a)
(A) may bring the action only after 60 days after the person has given notice of the violation to the Secretary of Transportation or to the appropriate State authority (when the violation is alleged to have occurred in a State certified under section 60105 of this title) and to the person alleged to have committed the violation;
(B) may not bring the action if the Secretary or authority has begun and diligently is pursuing an administrative proceeding for the violation; and
(C) may not bring the action if the Attorney General of the United States, or the chief law enforcement officer of a State, has begun and diligently is pursuing a judicial proceeding for the violation.
(2) The Secretary shall prescribe the way in which notice is given under this subsection.
(3) The Secretary, with the approval of the Attorney General, or the Attorney General may intervene in an action under paragraph (1) of this subsection.
(b)
(1) based on the actual time spent and the reasonable expenses of the attorney for legal services provided to a person under this section; and
(2) computed at the rate prevailing for providing similar services for actions brought in the court awarding the fee.
(c)
(d)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1324.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60121(a)(1) | 49 App.:1686(a), (b) (1st sentence). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §19; added Oct. 11, 1976, Pub. L. 94–477, §8, 90 Stat. 2075; Nov. 30, 1979, Pub. L. 96–129, §104(b), 93 Stat. 992. |
| 49 App.:2014(a), (b) (1st sentence). | Nov. 30, 1979, Pub. L. 96–129, §215, 93 Stat. 1014. | |
| 60121(a)(2) | 49 App.:1686(b) (last sentence). | |
| 49 App.:2014(b) (last sentence). | ||
| 60121(a)(3) | 49 App.:1686(c). | |
| 49 App.:2014(c). | ||
| 60121(b) | 49 App.:1686(e). | |
| 49 App.:2014(e). | ||
| 60121(c) | 49 App.:1686(f). | |
| 49 App.:2014(f). | ||
| 60121(d) | 49 App.:1686(d). | |
| 49 App.:2014(d). |
In subsection (a)(1), before clause (A), the text of 49 App.:1686(a) (last sentence, words after the comma) and 2014(a) (last sentence, words after the comma) is omitted as surplus because the amount in controversy is no longer a criterion. The word “bring” is substituted for “commence” for consistency in the revised title and with other titles of the United States Code. The words “mandatory or prohibitive”, “including interim equitable relief”, “State, municipality, or”, and “alleged to be” are omitted as surplus. The word “prescribed” is added for consistency in the revised title and with other titles of the Code.
In subsection (a)(2), the words “by regulation” are omitted as surplus because of 49:322(a).
In subsection (a)(3), the words “as a matter of right” are omitted as surplus.
In subsection (b), before clause (1), the words “in the interest of justice” and “of suit, including” are omitted as surplus. In clause (1), the words “by an attorney” and “advice and other” are omitted as surplus. The words “provided to a person under this section” are substituted for “providing . . . in connection with representing a person in an action brought under this section” to eliminate unnecessary words.
In subsection (c), the word “Federal” is omitted as surplus. The words “prescribed under this chapter” are added for clarity.
In subsection (d), the words “enforcement of this chapter or any order or regulation under this chapter or to seek any other” are omitted as surplus.
§60122. Civil penalties
(a)
(2) A person violating a standard or order under section 60103 or 60111 of this title is liable to the Government for a civil penalty of not more than $50,000 for each violation. A penalty under this paragraph may be imposed in addition to penalties imposed under paragraph (1) of this subsection.
(3) A person violating section 60129, or an order issued thereunder, is liable to the Government for a civil penalty of not more than $1,000 for each violation. The penalties provided by paragraph (1) do not apply to a violation of section 60129 or an order issued thereunder.
(b)
(1) the Secretary shall consider—
(A) the nature, circumstances, and gravity of the violation, including adverse impact on the environment;
(B) with respect to the violator, the degree of culpability, any history of prior violations, the ability to pay, and any effect on ability to continue doing business; and
(C) good faith in attempting to comply; and
(2) the Secretary may consider—
(A) the economic benefit gained from the violation without any reduction because of subsequent damages; and
(B) other matters that justice requires.
(c)
(2) The Secretary may compromise the amount of a civil penalty imposed under this section before referral to the Attorney General.
(d)
(e)
(f)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1325; Pub. L. 107–355, §§6(b), 8(b)(1), (2), 21(3), Dec. 17, 2002, 116 Stat. 2992, 2993, 3010; Pub. L. 109–468, §2(a)(2), Dec. 29, 2006, 120 Stat. 3487.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60122(a)(1) | 49 App.:1679a(a)(1), (3) (1st sentence). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §11(a); added Nov. 30, 1979, Pub. L. 96–129, §§104(b), 154, 93 Stat. 992, 1002; Oct. 31, 1988, Pub. L. 100–561, §106, 102 Stat. 2807; Oct. 24, 1992, Pub. L. 102–508, §§112(a), 304(b), 106 Stat. 3295, 3308. |
| 49 App.:2007(a)(1), (2) (1st sentence). | Nov. 30, 1979, Pub. L. 96–129, §208(a), (b), (d), 93 Stat. 1009, 1010; Oct. 31, 1988, Pub. L. 100–561, §205, 102 Stat. 2811; Oct. 24, 1992, Pub. L. 102–508, §211(a), 106 Stat. 3304. | |
| 60122(a)(2) | 49 App.:1679a(a)(2). | |
| 60122(b) | 49 App.:1679a(a)(3) (last sentence). | |
| 49 App.:2007(a)(2) (last sentence). | ||
| 60122(c) | 49 App.:1679a(b) (1st sentence). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §11(b), (d); added Nov. 30, 1979, Pub. L. 96–129, §104(b), 93 Stat. 992, 993. |
| 49 App.:2007(b) (1st sentence). | ||
| 60122(d) | 49 App.:1679a(b) (2d sentence). | |
| 49 App.:2007(b) (2d sentence). | ||
| 60122(e) | 49 App.:1679a(b) (last sentence). | |
| 49 App.:2007(b) (last sentence). | ||
| 60122(f) | 49 App.:1679a(d). | |
| 49 App.:2007(d). |
In subsection (a)(1), the word “prescribed” is added for consistency in the revised title and with other titles of the United States Code. The words “including any order issued under sections 1677(b) and 1679b(b)” in 49 App.:1679a(a)(1) and “including any order issued under section 2006(b) or 2008(b)” in 49 App.:2007(a)(1) are omitted as surplus. The word “occurs” is added for clarity.
In subsection (a)(2), the words “is determined by the Secretary to have” are omitted as surplus. The words “for each violation” are added for clarity and consistency. The word “imposed” is substituted for “to which such person may be subject” for consistency and to eliminate unnecessary words.
In subsection (b)(2), the word “violator” is substituted for “the person found to have committed the violation” for consistency and to eliminate unnecessary words. The words “the penalty” are omitted as surplus.
In subsection (c)(1), the words “The Secretary may request the Attorney General to bring a civil action” are substituted for “in an action brought by the Attorney General on behalf of the United States” for clarity, to eliminate unnecessary words, and because of 28:2461 and rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.).
In subsection (d), the words “imposed or compromised under this section” are substituted for “of the penalty, when finally determined (or agreed upon in compromise)” to eliminate unnecessary words and for consistency. The words “liable for the penalty” are substituted for “charged” for clarity.
In subsection (f), the words “Separate penalties . . . prescribed under this chapter . . . may not be imposed under this chapter” are substituted for “Nothing in this title shall be construed to authorize . . . penalties” for clarity.
Amendments
2006—Subsec. (a)(1). Pub. L. 109–468 substituted “60114(b), 60114(d),” for “60114(b)”.
2002—Subsec. (a)(1). Pub. L. 107–355, §21(3), substituted “section 60114(b)” for “section 60114(c)”.
Pub. L. 107–355, §8(b)(1), substituted “$100,000” for “$25,000” and “$1,000,000” for “$500,000”.
Subsec. (a)(3). Pub. L. 107–355, §6(b), added par. (3).
Subsec. (b). Pub. L. 107–355, §8(b)(2), substituted “under this section—” and pars. (1) and (2) for “under this section, the Secretary shall consider—
“(1) the nature, circumstances, and gravity of the violation;
“(2) with respect to the violator, the degree of culpability, any history of prior violations, the ability to pay, and any effect on ability to continue doing business;
“(3) good faith in attempting to comply; and
“(4) other matters that justice requires.”
Comptroller General Study
Pub. L. 107–355, §8(d), Dec. 17, 2002, 116 Stat. 2994, required the Comptroller General to study the actions, policies, and procedures of the Secretary of Transportation for assessing and collecting fines and penalties on operators of hazardous liquid and gas transmission pipelines, and to report, not later than 1 year after Dec. 17, 2002, the results of the study to certain committees of Congress.
§60123. Criminal penalties
(a)
(b)
(c)
(d)
(1) knowingly and willfully engages in an excavation activity—
(A) without first using an available one-call notification system to establish the location of underground facilities in the excavation area; or
(B) without paying attention to appropriate location information or markings the operator of a pipeline facility establishes; and
(2) subsequently damages—
(A) a pipeline facility that results in death, serious bodily harm, or actual damage to property of more than $50,000;
(B) a pipeline facility, and knows or has reason to know of the damage, but does not report the damage promptly to the operator of the pipeline facility and to other appropriate authorities; or
(C) a hazardous liquid pipeline facility that results in the release of more than 50 barrels of product.
Penalties under this subsection may be reduced in the case of a violation that is promptly reported by the violator.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1325; Pub. L. 104–304, §§14, 18(b)(1), Oct. 12, 1996, 110 Stat. 3803, 3804; Pub. L. 107–56, title VIII, §§810(h), 811(k), Oct. 26, 2001, 115 Stat. 381, 382; Pub. L. 107–355, §§3(c), 8(c), 21(4), Dec. 17, 2002, 116 Stat. 2986, 2994, 3010.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60123(a) | 49 App.:1679a(c)(1). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §11(c)(1); added Nov. 30, 1979, Pub. L. 96–129, §104(b), 93 Stat. 992; Oct. 24, 1992, Pub. L. 102–508, §304(b), 106 Stat. 3308. |
| 49 App.:2007(c)(1). | Nov. 30, 1979, Pub. L. 96–129, §208(c)(1), (2), 93 Stat. 1010. | |
| 60123(b) | 49 App.:1679a(c)(2). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §11(c)(2); added Nov. 30, 1979, Pub. L. 96–129, §104(b), 93 Stat. 992. |
| 49 App.:2007(c)(2). | ||
| 60123(c) | 49 App.:1679a(c)(3). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §11(c)(3); added Oct. 31, 1988, Pub. L. 100–561, §107, 102 Stat. 2807. |
| 49 App.:2007(c)(3). | Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989, §208(c)(3); added Oct. 31, 1988, Pub. L. 100–561, §206, 102 Stat. 2811. | |
| 60123(d) | 49 App.:1687(g). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §20(g); added Oct. 24, 1992, Pub. L. 102–508, §304(a), 106 Stat. 3307. |
In this section, the words “upon conviction . . . subject, for each offense, to” and “a term” are omitted as surplus.
In subsections (a)–(c), the words “fined under title 18” are substituted for “a fine of not more than $25,000” and “a fine of not more than $5,000” for consistency with title 18.
In subsection (a), the word “prescribed” is added for consistency in the revised title and with other titles of the United States Code. The words “including any order issued under section 1677(b) and 1679b(b) of this Appendix” in 49 App.:1679a(c)(1) and “including any order issued under section 2006(b) or 2008(b) of the Appendix” in 49 App.:2007(c)(1) are omitted as surplus.
In subsection (b), the word “damaging” is substituted for “injures”, and the word “damage” is substituted for “injure”, for clarity.
Amendments
2002—Subsec. (a). Pub. L. 107–355, §21(4), substituted “60114(b)” for “60114(c)”.
Subsec. (b). Pub. L. 107–355, §8(c), substituted “gas pipeline facility, an” for “gas pipeline facility or” and inserted “, or either an intrastate gas pipeline facility or intrastate hazardous liquid pipeline facility that is used in interstate or foreign commerce or in any activity affecting interstate or foreign commerce” after “liquid pipeline facility”.
Subsec. (d). Pub. L. 107–355, §3(c)(1), (4), struck out “knowingly and willfully” after “if the person” in introductory provisions and inserted concluding provisions.
Subsec. (d)(1). Pub. L. 107–355, §3(c)(2), inserted “knowingly and willfully” before “engages”.
Subsec. (d)(2)(B). Pub. L. 107–355, §3(c)(3), added subpar. (B) and struck out former subpar. (B) which read as follows: “a pipeline facility that does not report the damage promptly to the operator of the pipeline facility and to other appropriate authorities; or”.
2001—Subsec. (b). Pub. L. 107–56 struck out “, or attempting to damage or destroy,” before “an interstate gas pipeline facility”, inserted “, or attempting or conspiring to do such an act,” before “shall be fined under title 18,” and substituted “20 years, or both, and, if death results to any person, shall be imprisoned for any term of years or for life.” for “15 years, or both.”
1996—Subsec. (a). Pub. L. 104–304, §18(b)(1), substituted “, 60118(a), or 60128” for “or 60118(a)”.
Subsec. (d)(2). Pub. L. 104–304, §14, added subpar. (B) and redesignated former subpar. (B) as (C).
§60124. Biennial reports
(a)
(1) a thorough compilation of the leak repairs, accidents, and casualties and a statement of cause when investigated and established by the National Transportation Safety Board.
(2) a list of applicable pipeline safety standards prescribed under this chapter including identification of standards prescribed during the year.
(3) a summary of the reasons for each waiver granted under section 60118(c) and (d) of this title.
(4) an evaluation of the degree of compliance with applicable safety standards, including a list of enforcement actions and compromises of alleged violations by location and company name.
(5) a summary of outstanding problems in carrying out this chapter, in order of priority.
(6) an analysis and evaluation of—
(A) research activities, including their policy implications, completed as a result of the United States Government and private sponsorship; and
(B) technological progress in safety achieved.
(7) a list, with a brief statement of the issues, of completed or pending judicial actions under this chapter.
(8) the extent to which technical information was distributed to the scientific community and consumer-oriented information was made available to the public.
(9) a compilation of certifications filed under section 60105 of this title that were—
(A) in effect; or
(B) rejected in any part by the Secretary and a summary of the reasons for each rejection.
(10) a compilation of agreements made under section 60106 of this title that were—
(A) in effect; or
(B) ended in any part by the Secretary and a summary of the reasons for ending each agreement.
(11) a description of the number and qualifications of State pipeline safety inspectors in each State for which a certification under section 60105 of this title or an agreement under section 60106 of this title is in effect and the number and qualifications of inspectors the Secretary recommends for that State.
(12) recommendations for legislation the Secretary considers necessary—
(A) to promote cooperation among the States in improving—
(i) gas pipeline safety; or
(ii) hazardous liquid pipeline safety programs; and
(B) to strengthen the national gas pipeline safety program.
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1326; Pub. L. 104–66, title I, §1121(l), Dec. 21, 1995, 109 Stat. 724; Pub. L. 104–304, §15(a), Oct. 12, 1996, 110 Stat. 3803.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60124(a) | 49 App.:1683(a). | Aug. 12, 1968, Pub. L. 90–481, §16(a), 82 Stat. 728; Oct. 11, 1976, Pub. L. 94–477, §7, 90 Stat. 2075; Nov. 30, 1979, Pub. L. 96–129, §§104(b), 107, 109(l), (m), 93 Stat. 992, 995, 997; Oct. 11, 1984, Pub. L. 98–464, §3(a), 98 Stat. 1821; Oct. 24, 1992, Pub. L. 102–508, §110(b), 106 Stat. 3295. |
| 49 App.:1683(b). | Aug. 12, 1968, Pub. L. 90–481, §16(b), 82 Stat. 728; Nov. 30, 1979, Pub. L. 96–129, §104(b), 93 Stat. 992. | |
| 49 App.:2012(a). | Nov. 30, 1979, Pub. L. 96–129, §213(a), 93 Stat. 1013; Oct. 11, 1984, Pub. L. 98–464, §3(b), 98 Stat. 1821; Oct. 24, 1992, Pub. L. 102–508, §209(b), 106 Stat. 3304. | |
| 49 App.:2012(b). | Nov. 30, 1979, Pub. L. 96–129, §213(b), (c), 93 Stat. 1014. | |
| 60124(b) | 49 App.:2012(c). |
In subsection (a), before clause (1), the words “prepare and” and “comprehensive” are omitted as surplus. The words “the following information” are added for clarity. The words “about the prior year” are substituted for “occurring in such year”, “established or in effect in such year”, “during such year”, and “during the preceding calendar year” to eliminate unnecessary words. In clause (2), the word “Federal” is omitted as surplus. The word “prescribed” is substituted for “established or in effect” and “established” for consistency in the revised title and with other titles of the United States Code and to eliminate unnecessary words. The word “newly” is omitted as surplus. In clause (4), the words “for the transportation of gas and pipeline facilities” in 49 App.:1683(a)(4) and “for the transportation of hazardous liquids and pipeline facilities” in 49 App.:2012(a)(4) are omitted because of the restatement. In clause (5), the words “in carrying out” are substituted for “confronting the administration of” for consistency. In clause (9), before subclause (A), the words “by State agencies (including municipalities)” are omitted as surplus. In clauses (9)(B) and (10)(B), the words “in any part” are added for clarity. In clause (10), before subclause (A), the words “with State agencies (including municipalities)” are omitted as surplus. In clause (12), before subclause (A), the word “additional” is omitted as surplus. In subclause (A), the word “several” is omitted as surplus.
In subsection (b), the words “annual” and “the report requirements of” are omitted as surplus.
Amendments
1996—Pub. L. 104–304, §15(a)(1), substituted “Biennial” for “Annual” in section catchline.
Subsec. (a). Pub. L. 104–304, §15(a)(2), inserted first sentence and struck out former first sentence which read as follows: “The Secretary of Transportation shall submit to Congress not later than August 15 of each odd-numbered year a report on carrying out this chapter for the prior calendar year for gas and a report on carrying out this chapter for the prior calendar year for hazardous liquid.”
1995—Subsec. (a). Pub. L. 104–66 substituted “of each odd-numbered year” for “of each year” in first sentence of introductory provisions.
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which the 7th and 9th items on page 135 identify reporting provisions which, as subsequently amended, are contained in this section), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance.
§60125. Authorization of appropriations
(a)
(1)
(A) For fiscal year 2007, $60,175,000 of which $7,386,000 is for carrying out such section 12 and $17,556,000 is for making grants.
(B) For fiscal year 2008, $67,118,000 of which $7,586,000 is for carrying out such section 12 and $20,614,000 is for making grants.
(C) For fiscal year 2009, $72,045,000 of which $7,586,000 is for carrying out such section 12 and $21,513,000 is for making grants.
(D) For fiscal year 2010, $76,580,000 of which $7,586,000 is for carrying out subsection 1 12 and $22,252,000 is for making grants.
(2)
(A) For fiscal year 2007, $18,810,000 of which $4,207,000 is for carrying out such section 12 and $2,682,000 is for making grants.
(B) For fiscal year 2008, $19,000,000 of which $4,207,000 is for carrying out such section 12 and $2,682,000 is for making grants.
(C) For fiscal year 2009, $19,500,000 of which $4,207,000 is for carrying out such section 12 and $3,103,000 is for making grants.
(D) For fiscal year 2010, $20,000,000 of which $4,207,000 is for carrying out such section 12 2 $3,603,000 is for making grants.
(b)
(1)
(2)
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1327; Pub. L. 104–304, §21, Oct. 12, 1996, 110 Stat. 3805; Pub. L. 107–355, §22, Dec. 17, 2002, 116 Stat. 3010; Pub. L. 109–468, §18(a)–(c), Dec. 29, 2006, 120 Stat. 3497, 3498.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60125(a) | 49 App.:1684(a) (1st sentence). | Aug. 12, 1968, Pub. L. 90–481, §17(a), 82 Stat. 729; Aug. 22, 1972, Pub. L. 92–401, §4, 86 Stat. 616; Aug. 30, 1974, Pub. L. 93–403, §3, 88 Stat. 802; Oct. 11, 1976, Pub. L. 94–477, §2(1), 90 Stat. 2073; restated Nov. 30, 1979, Pub. L. 96–129, §§104(b), 108, 93 Stat. 992, 996; Oct. 11, 1984, Pub. L. 98–464, §1(a), 98 Stat. 1821; Apr. 7, 1986, Pub. L. 99–272, §§7001, 7002(b)(4), 100 Stat. 139; Oct. 22, 1986, Pub. L. 99–516, §1(a), 100 Stat. 2965; Oct. 31, 1988, Pub. L. 100–561, §§110, 303(b)(2), 102 Stat. 2809, 2816; Oct. 24, 1992, Pub. L. 102–508, §114, 106 Stat. 3296. |
| 60125(b) | 49 App.:2013(a) (1st sentence). | Nov. 30, 1979, Pub. L. 96–129, §214(a), 93 Stat. 1014; Oct. 11, 1984, Pub. L. 98–464, §2(a), 98 Stat. 1821; Apr. 7, 1986, Pub. L. 99–272, §§7002(b)(3), 7004, 100 Stat. 139, 140; Oct. 22, 1986, Pub. L. 99–516, §2, 100 Stat. 2965; Oct. 31, 1988, Pub. L. 100–561, §210, 102 Stat. 2812; Oct. 24, 1992, Pub. L. 102–508, §214, 106 Stat. 3305. |
| 60125(c)(1) | 49 App.:1684(c). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §17(c); added Apr. 7, 1986, Pub. L. 99–272, §7002(a), 100 Stat. 139; Oct. 22, 1986, Pub. L. 99–516, §1(b), 100 Stat. 2965; Oct. 31, 1988, Pub. L. 100–561, §301(a), 102 Stat. 2813; Oct. 24, 1992, Pub. L. 102–508, §301, 106 Stat. 3307. |
| 60125(c)(2), (3) | 49 App.:1684(d). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §17(d); added Apr. 7, 1986, Pub. L. 99–272, §7002(a), 100 Stat. 139; Oct. 31, 1988, Pub. L. 100–561, §301(b), 102 Stat. 2813. |
| 60125(d) | 49 App.:1687(f). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §20(f); added Oct. 31, 1988, Pub. L. 100–561, §303(a), 102 Stat. 2816. |
| 60125(e) | 49 App.:1684(a) (2d, last sentences). | |
| 49 App.:2013(a) (last sentence). | ||
| 60125(f) | 49 App.:1684(e). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §17(e); added Oct. 31, 1988, Pub. L. 100–561, §301(c), 102 Stat. 2814. |
In this section, references to fiscal years ending September 30, 1980, 1981, and 1985–1992, are omitted as expired.
In subsection (a), the words “(except sections 60107 and 60114(b))” are substituted for “(other than provisions for which funds are authorized to be appropriated under subsection . . . (c) of this section or section 1687 of this Appendix)” to eliminate unnecessary words. The reference to subsection (b) is omitted as obsolete.
In subsection (b), the words “(except sections 60107” are substituted for “(other than provisions for which funds are authorized to be appropriated under . . . section 1684(c) of this Appendix)” to eliminate unnecessary words. The words “subsection (b) of this section or” are omitted as obsolete. The reference to section 60114(b) of the revised title is added for clarity.
In subsection (c)(1) and (2), the words “the Federal grants-in-aid provisions of” are omitted as surplus.
In subsection (c)(3), the words “the amount of” are omitted as surplus. The word “program” is added for consistency in this chapter. The words “made to a State” are omitted as surplus.
In subsection (e), the text of 49 App.:1684(a) (last sentence) is omitted as expired.
In subsection (f)(5), the words “made available” are omitted as surplus.
Amendments
2006—Subsec. (a). Pub. L. 109–468, §18(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) authorized appropriations for gas and hazardous liquid transportation for fiscal years 2003 through 2006.
Subsec. (b). Pub. L. 109–468, §18(b), redesignated subsec. (d) as (b) and struck out former subsec. (b) which limited appropriation amounts for fiscal years 2003 through 2006 to carry out section 60107 of this title.
Subsec. (b)(1). Pub. L. 109–468, §18(c)(1), inserted at end “To the extent that such grants are used to train emergency responders, such training shall ensure that emergency responders have the ability to protect nearby persons, property, and the environment from the effects of accidents or incidents involving gas or hazardous liquid pipelines, in accordance with existing regulations.”
Subsec. (b)(2). Pub. L. 109–468, §18(c)(2), substituted “$10,000,000” for “$6,000,000” and “2007 through 2010” for “2003 through 2006”.
Subsec. (c). Pub. L. 109–468, §18(b), redesignated subsec. (e) as (c) and struck out heading and text of former subsec. (c). Text read as follows: “Of the amounts available in the Oil Spill Liability Trust Fund, $8,000,000 shall be transferred to the Secretary of Transportation, as provided in appropriation Acts, to carry out programs authorized in this chapter for each of fiscal years 2003 through 2006.”
Subsecs. (d), (e). Pub. L. 109–468, §18(b), redesignated subsecs. (d) and (e) as (b) and (c), respectively.
2002—Subsec. (a). Pub. L. 107–355, §22(a), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “To carry out this chapter (except for sections 60107 and 60114(b)) related to gas and hazardous liquid, there are authorized to be appropriated to the Department of Transportation—
“(1) $19,448,000 for fiscal year 1996;
“(2) $20,028,000 for fiscal year 1997, of which $14,600,000 is to be derived from user fees for fiscal year 1997 collected under section 60301 of this title;
“(3) $20,729,000 for fiscal year 1998, of which $15,100,000 is to be derived from user fees for fiscal year 1998 collected under section 60301 of this title;
“(4) $21,442,000 for fiscal year 1999, of which $15,700,000 is to be derived from user fees for fiscal year 1999 collected under section 60301 of this title; and
“(5) $22,194,000 for fiscal year 2000, of which $16,300,000 is to be derived from user fees for fiscal year 2000 collected under section 60301 of this title.”
Subsec. (b). Pub. L. 107–355, §22(b)(1), redesignated subsec. (c) as (b) and struck out former subsec. (b) which read as follows:
“(b)
“(1) $1,728,500 for the fiscal year ending September 30, 1993.
“(2) $1,866,800 for the fiscal year ending September 30, 1994.
“(3) $2,000,000 for the fiscal year ending September 30, 1995.”
Subsec. (b)(1). Pub. L. 107–355, §22(b)(2), added subpars. (A) to (D) and struck out former subpars. (A) to (H) which read as follows:
“(A) $7,750,000 for the fiscal year ending September 30, 1993.
“(B) $9,000,000 for the fiscal year ending September 30, 1994.
“(C) $10,000,000 for the fiscal year ending September 30, 1995.
“(D) $12,000,000 for fiscal year 1996.
“(E) $14,000,000 for fiscal year 1997, of which $12,500,000 is to be derived from user fees for fiscal year 1997 collected under section 60301 of this title.
“(F) $14,490,000 for fiscal year 1998, of which $12,900,000 is to be derived from user fees for fiscal year 1998 collected under section 60301 of this title.
“(G) $15,000,000 for fiscal year 1999, of which $13,300,000 is to be derived from user fees for fiscal year 1999 collected under section 60301 of this title.
“(H) $15,524,000 for fiscal year 2000, of which $13,700,000 is to be derived from user fees for fiscal year 2000 collected under section 60301 of this title.”
Subsec. (c). Pub. L. 107–355, §22(c), added subsec. (c). Former subsec. (c) redesignated (b).
Subsec. (d). Pub. L. 107–355, §22(b)(1), (c), added subsec. (d) and struck out former subsec. (d) which read as follows:
“(d)
Subsec. (e). Pub. L. 107–355, §22(d), struck out “or (b) of this section” after “under subsection (a)”.
Subsec. (f). Pub. L. 107–355, §22(b)(1), struck out subsec. (f) which read as follows:
“(f)
“(2) A grant under this subsection is available to a State that after December 31, 1987—
“(A) undertakes a new responsibility under section 60105 of this title; or
“(B) implements a one-call damage prevention program established under State law.
“(3) This subsection does not authorize a State to receive more than 50 percent of its allowable pipeline safety costs from a grant under this chapter.
“(4) A State may receive not more than $75,000 under this subsection.
“(5) Amounts under this subsection remain available until expended.”
1996—Subsec. (a). Pub. L. 104–304, §21(a)(1), added subsec. (a) and struck out former subsec. (a) which read as follows:
“(a)
“(1) $6,857,000 for the fiscal year ending September 30, 1993.
“(2) $7,000,000 for the fiscal year ending September 30, 1994.
“(3) $7,500,000 for the fiscal year ending September 30, 1995.”
Subsec. (c)(1). Pub. L. 104–304, §21(b), added subpars. (D) to (H).
1 So in original. Probably should be “such section”.
2 So in original. Probably should be followed by “and”.
§60126. Risk management
(a)
(1)
(A) to demonstrate, through the voluntary participation by owners and operators of gas pipeline facilities and hazardous liquid pipeline facilities, the application of risk management; and
(B) to evaluate the safety and cost-effectiveness of the program.
(2)
(A) may exempt an owner or operator of the pipeline facility covered under the project (referred to in this subsection as a “covered pipeline facility”), from the applicability of all or a portion of the requirements under this chapter that would otherwise apply to the covered pipeline facility; and
(B) shall exempt, for the period of the project, an owner or operator of the covered pipeline facility, from the applicability of any new standard that the Secretary promulgates under this chapter during the period of that participation, with respect to the covered facility.
(b)
(1) invite owners and operators of pipeline facilities to submit risk management plans for timely approval by the Secretary;
(2) require, as a condition of approval, that a risk management plan submitted under this subsection contain measures that are designed to achieve an equivalent or greater overall level of safety than would otherwise be achieved through compliance with the standards contained in this chapter or promulgated by the Secretary under this chapter;
(3) provide for—
(A) collaborative government and industry training;
(B) methods to measure the safety performance of risk management plans;
(C) the development and application of new technologies;
(D) the promotion of community awareness concerning how the overall level of safety will be maintained or enhanced by the demonstration project;
(E) the development of models that categorize the risks inherent to each covered pipeline facility, taking into consideration the location, volume, pressure, and material transported or stored by that pipeline facility;
(F) the application of risk assessment and risk management methodologies that are suitable to the inherent risks that are determined to exist through the use of models developed under subparagraph (E);
(G) the development of project elements that are necessary to ensure that—
(i) the owners and operators that participate in the demonstration project demonstrate that they are effectively managing the risks referred to in subparagraph (E); and
(ii) the risk management plans carried out under the demonstration project under this subsection can be audited;
(H) a process whereby an owner or operator of a pipeline facility is able to terminate a risk management plan or, with the approval of the Secretary, to amend, modify, or otherwise adjust a risk management plan referred to in paragraph (1) that has been approved by the Secretary pursuant to that paragraph to respond to—
(i) changed circumstances; or
(ii) a determination by the Secretary that the owner or operator is not achieving an overall level of safety that is at least equivalent to the level that would otherwise be achieved through compliance with the standards contained in this chapter or promulgated by the Secretary under this chapter;
(I) such other elements as the Secretary, with the agreement of the owners and operators that participate in the demonstration project under this section, determines to further the purposes of this section; and
(J) an opportunity for public comment in the approval process; and
(4) in selecting participants for the demonstration project, take into consideration the past safety and regulatory performance of each applicant who submits a risk management plan pursuant to paragraph (1).
(c)
(d)
(e)
(1) an evaluation of each such demonstration project, including an evaluation of the performance of each participant in that project with respect to safety and environmental protection; and
(2) recommendations concerning whether the applications of risk management demonstrated under the demonstration project should be incorporated into the Federal pipeline safety program under this chapter on a permanent basis.
(Added Pub. L. 104–304, §5(a), Oct. 12, 1996, 110 Stat. 3798.)
§60127. Population encroachment and rights-of-way
(a)
(b)
(1) to determine effective practices to limit encroachment on existing pipeline rights-of-way;
(2) to address and prevent the hazards and risks to the public, pipeline workers, and the environment associated with encroachment on pipeline rights-of-way;
(3) to raise the awareness of the risks and hazards of encroachment on pipeline rights-of-way; and
(4) to address how to best preserve environmental resources in conjunction with maintaining pipeline rights-of-way, recognizing pipeline operators’ regulatory obligations to maintain rights-of-way and to protect public safety.
(c)
(1) The legal authority of Federal agencies and State and local governments in controlling land use and the limitations on such authority.
(2) The current practices of Federal agencies and State and local governments in addressing land use issues involving a pipeline easement.
(3) The most effective way to encourage Federal agencies and State and local governments to monitor and reduce encroachment upon pipeline rights-of-way.
(d)
(1)
(2)
(A) Congress and appropriate Federal agencies; and
(B) States for further distribution to appropriate local authorities.
(3)
(Added Pub. L. 104–304, §16(a), Oct. 12, 1996, 110 Stat. 3803; amended Pub. L. 107–355, §11(a), Dec. 17, 2002, 116 Stat. 2996.)
References in Text
The date of enactment of this subsection, referred to in subsec. (d)(1), is the date of enactment of Pub. L. 107–355, which was approved Dec. 17, 2002.
Amendments
2002—Pub. L. 107–355 substituted “Population encroachment and rights-of-way” for “Population encroachment” in section catchline and amended text generally. Prior to amendment, text read as follows:
“(a)
“(b)
“(1) evaluate the recommendations in the report referred to in subsection (a);
“(2) determine to what extent the recommendations are being implemented;
“(3) consider ways to improve the implementation of the recommendations; and
“(4) consider other initiatives to further improve awareness of local planning and zoning entities regarding issues involved with population encroachment in proximity to the rights-of-way of any interstate gas pipeline facility or interstate hazardous liquid pipeline facility.”
§60128. Dumping within pipeline rights-of-way
(a)
(b)
(Added Pub. L. 104–304, §18(a), Oct. 12, 1996, 110 Stat. 3804.)
§60129. Protection of employees providing pipeline safety information
(a)
(1)
(A) provided, caused to be provided, or is about to provide or cause to be provided, to the employer or the Federal Government information relating to any violation or alleged violation of any order, regulation, or standard under this chapter or any other Federal law relating to pipeline safety;
(B) refused to engage in any practice made unlawful by this chapter or any other Federal law relating to pipeline safety, if the employee has identified the alleged illegality to the employer;
(C) provided, caused to be provided, or is about to provide or cause to be provided, testimony before Congress or at any Federal or State proceeding regarding any provision (or proposed provision) of this chapter or any other Federal law relating to pipeline safety;
(D) commenced, caused to be commenced, or is about to commence or cause to be commenced a proceeding under this chapter or any other Federal law relating to pipeline safety, or a proceeding for the administration or enforcement of any requirement imposed under this chapter or any other Federal law relating to pipeline safety;
(E) provided, caused to be provided, or is about to provide or cause to be provided, testimony in any proceeding described in subparagraph (D); or
(F) assisted or participated or is about to assist or participate in any manner in such a proceeding or in any other manner in such a proceeding or in any other action to carry out the purposes of this chapter or any other Federal law relating to pipeline safety.
(2)
(A) a person owning or operating a pipeline facility; or
(B) a contractor or subcontractor of such a person.
(b)
(1)
(2)
(A)
(B)
(i)
(ii)
(iii)
(iv)
(3)
(A)
(B)
(i) take affirmative action to abate the violation;
(ii) reinstate the complainant to his or her former position together with the compensation (including back pay) and restore the terms, conditions, and privileges associated with his or her employment; and
(iii) provide compensatory damages to the complainant.
If such an order is issued under this paragraph, the Secretary of Labor, at the request of the complainant, shall assess against the person or persons against whom the order is issued a sum equal to the aggregate amount of all costs and expenses (including attorney's and expert witness fees) reasonably incurred, as determined by the Secretary of Labor, by the complainant for, or in connection with, the bringing the complaint upon which the order was issued.
(C)
(4)
(A)
(B)
(5)
(6)
(A)
(B)
(c)
(d)
(Added Pub. L. 107–355, §6(a), Dec. 17, 2002, 116 Stat. 2989.)
§60130. Pipeline safety information grants to communities
(a)
(1)
(2)
(3)
(A) the technical findings made possible by the grants are made available to the relevant operators; and
(B) open communication between the grant recipients, local operators, local communities, and other interested parties is encouraged.
(4)
(b)
(c)
(1)
(2)
(A) a listing of the identity and location of each recipient of a grant under this section in the preceding fiscal year and the amount received by the recipient;
(B) a description of the purpose for which each grant was made; and
(C) a description of how each grant was used by the recipient.
(d)
(Added Pub. L. 107–355, §9(a), Dec. 17, 2002, 116 Stat. 2994; amended Pub. L. 109–468, §5, Dec. 29, 2006, 120 Stat. 3490.)
References in Text
Public Law 93–153, referred to in subsec. (a)(1), is Pub. L. 93–153, Nov. 16, 1973, 87 Stat. 576, as amended. Title II of the Act, known as the Trans-Alaska Pipeline Authorization Act, is classified generally to chapter 34 (§1651 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1651 of Title 43 and Tables.
Amendments
2006—Subsec. (a)(1). Pub. L. 109–468, §5(1), substituted “No grants may be awarded under section 60114(g) until the Secretary has established competitive” for “The Secretary shall establish competitive”.
Subsec. (a)(2) to (4). Pub. L. 109–468, §5(2), (3), added pars. (2) and (3) and redesignated former par. (2) as (4).
Subsec. (d). Pub. L. 109–468, §5(4), substituted “2010” for “2006”.
§60131. Verification of pipeline qualification programs
(a)
(b)
(1)
(2)
(A) The establishment of methods for evaluating the acceptability of the qualifications of individuals described in subsection (a).
(B) A requirement that pipeline operators develop and implement written plans and procedures to qualify individuals described in subsection (a) to a level found acceptable using the methods established under subparagraph (A) and evaluate the abilities of individuals described in subsection (a) according to such methods.
(C) A requirement that the plans and procedures adopted by a pipeline operator under subparagraph (B) be reviewed and verified under subsection (e).
(c)
(d)
(1) A method for examining or testing the qualifications of individuals described in subsection (a). The method may include written examination, oral examination, observation during on-the-job performance, on-the-job training, simulations, and other forms of assessment. The method may not be limited to observation of on-the-job performance, except with respect to tasks for which the Secretary has determined that such observation is the best method of examining or testing qualifications. The Secretary shall ensure that the results of any such observations are documented in writing.
(2) A requirement that the operator complete the qualification of all individuals described in subsection (a) not later than 18 months after the date of adoption of the qualification program.
(3) A periodic requalification component that provides for examination or testing of individuals in accordance with paragraph (1).
(4) A program to provide training, as appropriate, to ensure that individuals performing covered tasks have the necessary knowledge and skills to perform the tasks in a manner that ensures the safe operation of pipeline facilities.
(e)
(1)
(2)
(3)
(4)
(5)
(6)
(f)
(g)
(1) with respect to a gas pipeline facility, has the meaning such term has under section 192.801 of title 49, Code of Federal Regulations, including any subsequent modifications; and
(2) with respect to a hazardous liquid pipeline facility, has the meaning such term has under section 195.501 of such title, including any subsequent modifications.
(h)
(Added Pub. L. 107–355, §13(a)(1), Dec. 17, 2002, 116 Stat. 2999.)
References in Text
The date of enactment of this section, referred to in subsecs. (b)(1), (c), (e)(2), (6), and (h), is the date of enactment of Pub. L. 107–355, which was approved Dec. 17, 2002.
Pilot Program for Certification of Certain Pipeline Workers
Pub. L. 107–355, §13(b), Dec. 17, 2002, 116 Stat. 3001, provided that:
“(1)
“(A) develop tests and other requirements for certifying the qualifications of individuals who operate computer-based systems for controlling the operations of pipelines; and
“(B) establish and carry out a pilot program for 3 pipeline facilities under which the individuals operating computer-based systems for controlling the operations of pipelines at such facilities are required to be certified under the process established under subparagraph (A).
“(2)
“(A) a description of the pilot program and implementation of the pilot program at each of the 3 pipeline facilities;
“(B) an evaluation of the pilot program, including the effectiveness of the process for certifying individuals who operate computer-based systems for controlling the operations of pipelines;
“(C) any recommendations of the Secretary for requiring the certification of all individuals who operate computer-based systems for controlling the operations of pipelines; and
“(D) an assessment of the ramifications of requiring the certification of other individuals performing safety-sensitive functions for a pipeline facility.
“(3)
§60132. National pipeline mapping system
(a)
(1) Geospatial data appropriate for use in the National Pipeline Mapping System or data in a format that can be readily converted to geospatial data.
(2) The name and address of the person with primary operational control to be identified as its operator for purposes of this chapter.
(3) A means for a member of the public to contact the operator for additional information about the pipeline facilities it operates.
(b)
(c)
(Added Pub. L. 107–355, §15(a), Dec. 17, 2002, 116 Stat. 3005.)
References in Text
The date of enactment of this section, referred to in subsec. (a), is the date of enactment of Pub. L. 107–355, which was approved Dec. 17, 2002.
§60133. Coordination of environmental reviews
(a)
(1)
(2)
(A) The Secretary of Transportation.
(B) The Administrator of the Environmental Protection Agency.
(C) The Director of the United States Fish and Wildlife Service.
(D) The Assistant Administrator for Fisheries of the National Oceanic and Atmospheric Administration.
(E) The Director of the Bureau of Land Management.
(F) The Director of the Minerals Management Service.
(G) The Assistant Secretary of the Army for Civil Works.
(H) The Chairman of the Federal Energy Regulatory Commission.
(3)
(4)
(5)
(b)
(c)
(1) to require a pipeline operator to obtain a Federal permit, if no Federal permit would otherwise have been required under Federal law; or
(2) to preempt applicable Federal, State, or local environmental law.
(d)
(1)
(2)
(A) allowing the operator to implement such measures would be consistent with the protection of human health, public safety, and the environment;
(B) the operator, with respect to a particular repair project, has applied for and is pursuing diligently and in good faith all required Federal, State, and local permits to carry out the project; and
(C) the proposed alternative mitigation measures are not incompatible with pipeline safety.
(e)
(f)
(Added Pub. L. 107–355, §16(a), Dec. 17, 2002, 116 Stat. 3006.)
References in Text
The date of enactment of this section, referred to in subsecs. (a)(1), (4) and (d)(1), is the date of enactment of Pub. L. 107–355, which was approved Dec. 17, 2002.
§60134. State damage prevention programs
(a)
(1) has in effect an annual certification under section 60105 or an agreement under section 60106; and
(2)(A) has in effect an effective damage prevention program that meets the requirements of subsection (b); or
(B) demonstrates that it has made substantial progress toward establishing such a program, and that such program will meet the requirements of subsection (b).
(b)
(1) Participation by operators, excavators, and other stakeholders in the development and implementation of methods for establishing and maintaining effective communications between stakeholders from receipt of an excavation notification until successful completion of the excavation, as appropriate.
(2) A process for fostering and ensuring the support and partnership of stakeholders, including excavators, operators, locators, designers, and local government in all phases of the program.
(3) A process for reviewing the adequacy of a pipeline operator's internal performance measures regarding persons performing locating services and quality assurance programs.
(4) Participation by operators, excavators, and other stakeholders in the development and implementation of effective employee training programs to ensure that operators, the one-call center, the enforcing agency, and the excavators have partnered to design and implement training for the employees of operators, excavators, and locators.
(5) A process for fostering and ensuring active participation by all stakeholders in public education for damage prevention activities.
(6) A process for resolving disputes that defines the State authority's role as a partner and facilitator to resolve issues.
(7) Enforcement of State damage prevention laws and regulations for all aspects of the damage prevention process, including public education, and the use of civil penalties for violations assessable by the appropriate State authority.
(8) A process for fostering and promoting the use, by all appropriate stakeholders, of improving technologies that may enhance communications, underground pipeline locating capability, and gathering and analyzing information about the accuracy and effectiveness of locating programs.
(9) A process for review and analysis of the effectiveness of each program element, including a means for implementing improvements identified by such program reviews.
(c)
(d)
(e)
(f)
(g)
(h)
(Added Pub. L. 109–468, §2(b)(2), Dec. 29, 2006, 120 Stat. 3487.)
§60135. Enforcement transparency
(a)
(1) provide a monthly updated summary to the public of all gas and hazardous liquid pipeline enforcement actions taken by the Secretary or the Pipeline and Hazardous Materials Safety Administration, from the time a notice commencing an enforcement action is issued until the enforcement action is final;
(2) include in each such summary identification of the operator involved in the enforcement activity, the type of alleged violation, the penalty or penalties proposed, any changes in case status since the previous summary, the final assessment amount of each penalty, and the reasons for a reduction in the proposed penalty, if appropriate; and
(3) provide a mechanism by which a pipeline operator named in an enforcement action may make information, explanations, or documents it believes are responsive to the enforcement action available to the public.
(b)
(c)
(Added Pub. L. 109–468, §6(a), Dec. 29, 2006, 120 Stat. 3491.)
§60136. Petroleum product transportation capacity study
(a)
(b)
(c)
(d)
(e)
(Added Pub. L. 109–468, §8(a), Dec. 29, 2006, 120 Stat. 3492.)
§60137. Pipeline control room management
(a)
(b)
(c)
(d)
(e)
(Added Pub. L. 109–468, §12(a), Dec. 29, 2006, 120 Stat. 3494.)
CHAPTER 603—USER FEES
§60301. User fees
(a)
(b)
(c)
(d)
(1)(A) related to a gas pipeline facility may be used only for an activity related to gas under chapter 601 of this title; and
(B) related to a hazardous liquid pipeline facility may be used only for an activity related to hazardous liquid under chapter 601 of this title; and
(2) may be used only to the extent provided in advance in an appropriation law.
(e)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1328.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60301(a) | 49 App.:1682a(a)(1), (d) (words after “subsection (a) of this section” and before “shall be sufficient”). | Apr. 7, 1986, Pub. L. 99–272, §7005, 100 Stat. 140. |
| 60301(b) | 49 App.:1682a(a)(3), (b). | |
| 60301(c) | 49 App.:1682a(a)(2). | |
| 60301(d) | 49 App.:1682a(c). | |
| 60301(e) | 49 App.:1682a(d) (less words after “subsection (a) of this section” and before “shall be sufficient”). |
In this section, the word “prescribe” is substituted for “establish” for consistency in the revised title and with other titles of the United States Code.
In subsection (a), the words “(hereafter in this section referred to as the ‘Secretary’)” and “appropriate” are omitted as surplus.
In subsection (b), the words “after September 30, 1985” are omitted as obsolete. The words “imposed on each person” are substituted for “assessed to the persons” for consistency in the revised title and with other titles of the Code. The words “the jurisdiction of” and “assess and” are omitted as surplus.
In subsection (c), the words “the services of” are omitted as surplus. The words “department, agency, or instrumentality of the United States Government” are substituted for “Federal . . . agency or instrumentality” for consistency in the revised title and with other titles of the Code.
In subsection (e), the words “by the Secretary” are omitted as surplus. The words “beginning on October 1, 1985” are omitted as executed.
Transfer of Functions
For transfer of duties, powers, and authority of Research and Special Programs Administration under this chapter to the Administrator of the Pipeline and Hazardous Materials Safety Administration, see section 2(b) of Pub. L. 108–426, set out as a note under section 108 of this title.
Study and Report on User Fee Assessment Factors
Pub. L. 104–304, §17, Oct. 12, 1996, 110 Stat. 3803, provided that:
“(a)
“(1) that measure of the resources of the Department of Transportation is the most appropriate measure of the resources used by the Department of Transportation in the regulation of pipeline transportation; or
“(2) another basis of assessment would be a more appropriate measure of those resources.
“(b)
CHAPTER 605—INTERSTATE COMMERCE REGULATION
§60501. Secretary of Energy
Except as provided in section 60502 of this title, the Secretary of Energy has the duties and powers related to the transportation of oil by pipeline that were vested on October 1, 1977, in the Interstate Commerce Commission or the chairman or a member of the Commission.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1329.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60501 | 42:7155. | Aug. 4, 1977, Pub. L. 95–91, §306, 91 Stat. 581. |
| 49:101 (note prec.). | Oct. 17, 1978, Pub. L. 95–473, §4(c)(1)(A), (2) (related to §306 of Department of Energy Organization Act), 92 Stat. 1470. |
The words “duties and powers . . . that were vested . . . in” are coextensive with, and substituted for, “transferred . . . such functions set forth in the Interstate Commerce Act and vested by law in” for clarity and to eliminate unnecessary words. The words “on October 1, 1977” are added to reflect the effective date of the transfer of the duties and powers to the Secretary of Energy.
Abolition of Interstate Commerce Commission and Transfer of Functions
Interstate Commerce Commission abolished and functions of Commission transferred, except as otherwise provided in Pub. L. 104–88, to Surface Transportation Board effective Jan. 1, 1996, by section 702 of this title, and section 101 of Pub. L. 104–88, set out as a note under section 701 of this title. References to Interstate Commerce Commission deemed to refer to Surface Transportation Board, a member or employee of the Board, or Secretary of Transportation, as appropriate, see section 205 of Pub. L. 104–88, set out as a note under section 701 of this title.
§60502. Federal Energy Regulatory Commission
The Federal Energy Regulatory Commission has the duties and powers related to the establishment of a rate or charge for the transportation of oil by pipeline or the valuation of that pipeline that were vested on October 1, 1977, in the Interstate Commerce Commission or an officer or component of the Interstate Commerce Commission.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1329.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60502 | 42:7172(b). | Aug. 4, 1977, Pub. L. 95–91, §402(b), 91 Stat. 584. |
| 49:101 (note prec.). | Oct. 17, 1978, Pub. L. 95–473, §4(c)(1)(B), (2) (related to §402(b) of Department of Energy Organization Act), 92 Stat. 1470. |
The words “duties and powers . . . that were vested . . . in” are coextensive with, and substituted for, “transferred to, and vested in . . . all functions and authority of” for clarity and to eliminate unnecessary words. The word “regulatory” is omitted as surplus. The words “on October 1, 1977” are added to reflect the effective date of the transfer of the duties and powers to the Federal Energy Regulatory Commission.
Abolition of Interstate Commerce Commission and Transfer of Functions
Interstate Commerce Commission abolished and functions of Commission transferred, except as otherwise provided in Pub. L. 104–88, to Surface Transportation Board effective Jan. 1, 1996, by section 702 of this title, and section 101 of Pub. L. 104–88, set out as a note under section 701 of this title. References to Interstate Commerce Commission deemed to refer to Surface Transportation Board, a member or employee of the Board, or Secretary of Transportation, as appropriate, see section 205 of Pub. L. 104–88, set out as a note under section 701 of this title.
§60503. Effect of enactment
The enactment of the Act of October 17, 1978 (Public Law 95–473, 92 Stat. 1337), the Act of January 12, 1983 (Public Law 97–449, 96 Stat. 2413), and the Act enacting this section does not repeal, and has no substantive effect on, any right, obligation, liability, or remedy of an oil pipeline, including a right, obligation, liability, or remedy arising under the Interstate Commerce Act or the Act of August 29, 1916 (known as the Pomerene Bills of Lading Act), before any department, agency, or instrumentality of the United States Government, an officer or employee of the Government, or a court of competent jurisdiction.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1329.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 60503 | 49:101 (note prec.). | Oct. 31, 1988, Pub. L. 100–561, §308, 102 Stat. 2817. |
The words “the Act of January 12, 1983 (Public Law 97–449, 96 Stat. 2413), and the Act enacting this section” are added for clarity. The words “department, agency, or instrumentality of the United States Government” are substituted for “Federal department or agency”, and the words “officer or employee” are substituted for “official”, for consistency in the revised title and with other titles of the United States Code.
References in Text
Act of October 17, 1978, referred to in text, is Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1337, the first section of which enacted subtitle IV of this title. For complete classification of this Act to the Code, see Tables.
Act of January 12, 1983, referred to in text, is Pub. L. 97–449, Jan. 12, 1983, 96 Stat. 2413, the first section of which enacted subtitles I and II of this title. For complete classification of this Act to the Code, see Tables.
The Act enacting this section, referred to in text, is Pub. L. 103–272, July 5, 1994, 108 Stat. 745, the first section of which enacted subtitles II, III, and V to X of this title. For complete classification of this Act to the Code, see Tables.
The Interstate Commerce Act, referred to in text, is act Feb. 4, 1887, ch. 104, 24 Stat. 379, as amended, which was classified to chapters 1 (§1 et seq.), 8 (§301 et seq.), 12 (§901 et seq.), 13 (§1001 et seq.), and 19 (1231 et seq.) of former Title 49, Transportation. The Act was repealed by Pub. L. 95–473, §4(b), Oct. 17, 1978, 92 Stat. 1467, the first section of which enacted subtitle IV (§10101 et seq.) of Title 49, Transportation. For disposition of sections of former Title 49, see Table at the beginning of Title 49.
Act of August 29, 1916, referred to in text, is act Aug. 29, 1916, ch. 415, 39 Stat. 538, as amended, known as the Pomerene Bills of Lading Act, which was classified generally to chapter 4 (§81 et seq.) of former Title 49, and was repealed by Pub. L. 103–272, §7(b), July 5, 1994, 108 Stat. 1379, and reenacted by the first section thereof as chapter 801 of this title.
SUBTITLE IX—COMMERCIAL SPACE TRANSPORTATION
CHAPTER 701—COMMERCIAL SPACE LAUNCH ACTIVITIES
Amendments
2004—Pub. L. 108–492, §2(c)(26), Dec. 23, 2004, 118 Stat. 3982, added item 70105a.
2000—Pub. L. 106–405, §3(b), Nov. 1, 2000, 114 Stat. 1752, substituted “Office of Commercial Space Transportation” for “Authorization of appropriations” in item 70119.
Pub. L. 106–391, title III, §322(d), Oct. 30, 2000, 114 Stat. 1598, added item 70109a.
1998—Pub. L. 105–303, title I, §102(a)(1), Oct. 28, 1998, 112 Stat. 2846, substituted “launches, operations, and reentries” for “launches and operations” in item 70104, “launches, operation of launch sites and reentry sites, and reentries” for “launches and operation of launch sites” in item 70108, inserted “or reentries” after “scheduled launches” in item 70109, and added items 70120 and 70121.
1994—Pub. L. 103–429, §6(78), Oct. 31, 1994, 108 Stat. 4388, made technical amendment to chapter heading.
§70101. Findings and purposes
(a)
(1) the peaceful uses of outer space continue to be of great value and to offer benefits to all mankind;
(2) private applications of space technology have achieved a significant level of commercial and economic activity and offer the potential for growth in the future, particularly in the United States;
(3) new and innovative equipment and services are being sought, produced, and offered by entrepreneurs in telecommunications, information services, microgravity research, human space flight, and remote sensing technologies;
(4) the private sector in the United States has the capability of developing and providing private launching, reentry, and associated services that would complement the launching, reentry, and associated capabilities of the United States Government;
(5) the development of commercial launch vehicles, reentry vehicles, and associated services would enable the United States to retain its competitive position internationally, contributing to the national interest and economic well-being of the United States;
(6) providing launch services and reentry services by the private sector is consistent with the national security and foreign policy interests of the United States and would be facilitated by stable, minimal, and appropriate regulatory guidelines that are fairly and expeditiously applied;
(7) the United States should encourage private sector launches, reentries, and associated services and, only to the extent necessary, regulate those launches, reentries, and services to ensure compliance with international obligations of the United States and to protect the public health and safety, safety of property, and national security and foreign policy interests of the United States;
(8) space transportation, including the establishment and operation of launch sites, reentry sites, and complementary facilities, the providing of launch services and reentry services, the establishment of support facilities, and the providing of support services, is an important element of the transportation system of the United States, and in connection with the commerce of the United States there is a need to develop a strong space transportation infrastructure with significant private sector involvement;
(9) the participation of State governments in encouraging and facilitating private sector involvement in space-related activity, particularly through the establishment of a space transportation-related infrastructure, including launch sites, reentry sites, complementary facilities, and launch site and reentry site support facilities, is in the national interest and is of significant public benefit;
(10) the goal of safely opening space to the American people and their private commercial, scientific, and cultural enterprises should guide Federal space investments, policies, and regulations;
(11) private industry has begun to develop commercial launch vehicles capable of carrying human beings into space and greater private investment in these efforts will stimulate the Nation's commercial space transportation industry as a whole;
(12) space transportation is inherently risky, and the future of the commercial human space flight industry will depend on its ability to continually improve its safety performance;
(13) a critical area of responsibility for the Department of Transportation is to regulate the operations and safety of the emerging commercial human space flight industry;
(14) the public interest is served by creating a clear legal, regulatory, and safety regime for commercial human space flight; and
(15) the regulatory standards governing human space flight must evolve as the industry matures so that regulations neither stifle technology development nor expose crew or space flight participants to avoidable risks as the public comes to expect greater safety for crew and space flight participants from the industry.
(b)
(1) to promote economic growth and entrepreneurial activity through use of the space environment for peaceful purposes;
(2) to encourage the United States private sector to provide launch vehicles, reentry vehicles, and associated services by—
(A) simplifying and expediting the issuance and transfer of commercial licenses;
(B) facilitating and encouraging the use of Government-developed space technology; and
(C) promoting the continuous improvement of the safety of launch vehicles designed to carry humans, including through the issuance of regulations, to the extent permitted by this chapter;
(3) to provide that the Secretary of Transportation is to oversee and coordinate the conduct of commercial launch and reentry operations, issue permits and commercial licenses and transfer commercial licenses authorizing those operations, and protect the public health and safety, safety of property, and national security and foreign policy interests of the United States; and
(4) to facilitate the strengthening and expansion of the United States space transportation infrastructure, including the enhancement of United States launch sites and launch-site support facilities, and development of reentry sites, with Government, State, and private sector involvement, to support the full range of United States space-related activities.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1330; Pub. L. 105–303, title I, §102(a)(2), Oct. 28, 1998, 112 Stat. 2846; Pub. L. 108–492, §2(a), Dec. 23, 2004, 118 Stat. 3974.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70101(a) | 49 App.:2601. | Oct. 30, 1984, Pub. L. 98–575, §§2, 3, 98 Stat. 3055; Nov. 16, 1990, Pub. L. 101–611, §117(c), (d), 104 Stat. 3202. |
| 70101(b) | 49 App.:2602. |
In subsection (a), before clause (1), the words “and declares” are omitted as surplus.
In subsection (b), before clause (1), the word “therefore” is omitted as surplus.
Amendments
2004—Subsec. (a)(3). Pub. L. 108–492, §2(a)(1), inserted “human space flight,” after “microgravity research,”.
Subsec. (a)(4). Pub. L. 108–492, §2(a)(2), struck out “satellite” after “providing private” and substituted “capabilities of” for “services now available from”.
Subsec. (a)(10) to (15). Pub. L. 108–492, §2(a)(3)–(5), added pars. (10) to (15).
Subsec. (b)(2)(C). Pub. L. 108–492, §2(a)(6), added subpar. (C).
Subsec. (b)(3). Pub. L. 108–492, §2(a)(7), substituted “issue permits and commercial licenses and transfer” for “issue and transfer”.
1998—Subsec. (a)(3). Pub. L. 105–303, §102(a)(2)(A), inserted “microgravity research,” after “information services,”.
Subsec. (a)(4). Pub. L. 105–303, §102(a)(2)(B), inserted “, reentry,” after “launching” in two places.
Subsec. (a)(5). Pub. L. 105–303, §102(a)(2)(C), inserted “, reentry vehicles,” after “launch vehicles”.
Subsec. (a)(6). Pub. L. 105–303, §102(a)(2)(D), inserted “and reentry services” after “launch services”.
Subsec. (a)(7). Pub. L. 105–303, §102(a)(2)(E), inserted “, reentries,” after “launches” in two places.
Subsec. (a)(8). Pub. L. 105–303, §102(a)(2)(F), (G), inserted “, reentry sites,” after “launch sites” and “and reentry services” after “launch services”.
Subsec. (a)(9). Pub. L. 105–303, §102(a)(2)(H), (I), inserted “reentry sites,” after “launch sites,” and “and reentry site” after “launch site”.
Subsec. (b)(2). Pub. L. 105–303, §102(a)(2)(J), inserted “, reentry vehicles,” after “launch vehicles” in introductory provisions.
Subsec. (b)(2)(A). Pub. L. 105–303, §102(a)(2)(K), struck out “launch” before “licenses”.
Subsec. (b)(3). Pub. L. 105–303, §102(a)(2)(L), (M), inserted “and reentry” after “conduct of commercial launch” and struck out “launch” before “licenses”.
Subsec. (b)(4). Pub. L. 105–303, §102(a)(2)(N), inserted “and development of reentry sites,” after “launch-site support facilities,”.
Short Title of 2004 Amendment
Pub. L. 108–492, §1, Dec. 23, 2004, 118 Stat. 3974, provided that: “This Act [enacting section 70105a of this title, amending this section and sections 70102 to 70105, 70106, 70107, 70110, 70112, 70113, 70115, and 70120 of this title, and repealing provisions set out as a note under section 70105 of this title] may be cited as the ‘Commercial Space Launch Amendments Act of 2004’.”
Short Title of 2000 Amendment
Pub. L. 106–405, §1, Nov. 1, 2000, 114 Stat. 1751, provided that: “This Act [amending sections 70113 and 70119 of this title and enacting provisions set out as notes under this section and sections 70112 and 70113 of this title and section 2281 of Title 10, Armed Forces] may be cited as the ‘Commercial Space Transportation Competitiveness Act of 2000’.”
Findings
Pub. L. 106–405, §2, Nov. 1, 2000, 114 Stat. 1751, provided that: “The Congress finds that—
“(1) a robust United States space transportation industry is vital to the Nation's economic well-being and national security;
“(2) enactment of a 5-year extension of the excess third party claims payment provision of chapter 701 of title 49, United States Code (Commercial Space Launch Activities), will have a beneficial impact on the international competitiveness of the United States space transportation industry;
“(3) space transportation may evolve into airplane-style operations;
“(4) during the next 3 years the Federal Government and the private sector should analyze the liability risk-sharing regime to determine its appropriateness and effectiveness, and, if needed, develop and propose a new regime to Congress at least 2 years prior to the expiration of the extension contained in this Act [see Short Title of 2000 Amendment note above];
“(5) the areas of responsibility of the Office of the Associate Administrator for Commercial Space Transportation have significantly increased as a result of—
“(A) the rapidly expanding commercial space transportation industry and associated government licensing requirements;
“(B) regulatory activity as a result of the emerging commercial reusable launch vehicle industry; and
“(C) the increased regulatory activity associated with commercial operation of launch and reentry sites; and
“(6) the Office of the Associate Administrator for Commercial Space Transportation should continue to limit its promotional activities to those which support its regulatory mission.”
§70102. Definitions
In this chapter—
(1) “citizen of the United States” means—
(A) an individual who is a citizen of the United States;
(B) an entity organized or existing under the laws of the United States or a State; or
(C) an entity organized or existing under the laws of a foreign country if the controlling interest (as defined by the Secretary of Transportation) is held by an individual or entity described in subclause (A) or (B) of this clause.
(2) “crew” means any employee of a licensee or transferee, or of a contractor or subcontractor of a licensee or transferee, who performs activities in the course of that employment directly relating to the launch, reentry, or other operation of or in a launch vehicle or reentry vehicle that carries human beings.
(3) “executive agency” has the same meaning given that term in section 105 of title 5.
(4) “launch” means to place or try to place a launch vehicle or reentry vehicle and any payload, crew, or space flight participant from Earth—
(A) in a suborbital trajectory;
(B) in Earth orbit in outer space; or
(C) otherwise in outer space,
including activities involved in the preparation of a launch vehicle or payload for launch, when those activities take place at a launch site in the United States.
(5) “launch property” means an item built for, or used in, the launch preparation or launch of a launch vehicle.
(6) “launch services” means—
(A) activities involved in the preparation of a launch vehicle, payload, crew (including crew training), or space flight participant for launch; and
(B) the conduct of a launch.
(7) “launch site” means the location on Earth from which a launch takes place (as defined in a license the Secretary issues or transfers under this chapter) and necessary facilities at that location.
(8) “launch vehicle” means—
(A) a vehicle built to operate in, or place a payload or human beings in, outer space; and
(B) a suborbital rocket.
(9) “obtrusive space advertising” means advertising in outer space that is capable of being recognized by a human being on the surface of the Earth without the aid of a telescope or other technological device.
(10) “payload” means an object that a person undertakes to place in outer space by means of a launch vehicle or reentry vehicle, including components of the vehicle specifically designed or adapted for that object.
(11) except in section 70104(c), “permit” means an experimental permit issued under section 70105a.
(12) “person” means an individual and an entity organized or existing under the laws of a State or country.
(13) “reenter” and “reentry” mean to return or attempt to return, purposefully, a reentry vehicle and its payload, crew, or space flight participants, if any, from Earth orbit or from outer space to Earth.
(14) “reentry services” means—
(A) activities involved in the preparation of a reentry vehicle and payload, crew (including crew training), or space flight participant, if any, for reentry; and
(B) the conduct of a reentry.
(15) “reentry site” means the location on Earth to which a reentry vehicle is intended to return (as defined in a license the Secretary issues or transfers under this chapter).
(16) “reentry vehicle” means a vehicle designed to return from Earth orbit or outer space to Earth, or a reusable launch vehicle designed to return from Earth orbit or outer space to Earth, substantially intact.
(17) “space flight participant” means an individual, who is not crew, carried within a launch vehicle or reentry vehicle.
(18) “State” means a State of the United States, the District of Columbia, and a territory or possession of the United States.
(19) unless and until regulations take effect under section 70120(c)(2), “suborbital rocket” means a vehicle, rocket-propelled in whole or in part, intended for flight on a suborbital trajectory, and the thrust of which is greater than its lift for the majority of the rocket-powered portion of its ascent.
(20) “suborbital trajectory” means the intentional flight path of a launch vehicle, reentry vehicle, or any portion thereof, whose vacuum instantaneous impact point does not leave the surface of the Earth.
(21) “third party” means a person except—
(A) the United States Government or the Government's contractors or subcontractors involved in launch services or reentry services;
(B) a licensee or transferee under this chapter;
(C) a licensee's or transferee's contractors, subcontractors, or customers involved in launch services or reentry services;
(D) the customer's contractors or subcontractors involved in launch services or reentry services; or
(E) crew or space flight participants.
(22) “United States” means the States of the United States, the District of Columbia, and the territories and possessions of the United States.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1331; Pub. L. 104–287, §5(92), Oct. 11, 1996, 110 Stat. 3398; Pub. L. 105–303, title I, §102(a)(3), Oct. 28, 1998, 112 Stat. 2846; Pub. L. 106–391, title III, §322(a), Oct. 30, 2000, 114 Stat. 1598; Pub. L. 108–492, §2(b), Dec. 23, 2004, 118 Stat. 3975.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70102(1) | 49 App.:2603(9). | Oct. 30, 1984, Pub. L. 98–575, §4(1)–(9), 98 Stat. 3056. |
| 49 App.:2603(12). | Oct. 30, 1984, Pub. L. 98–575, §4(12), 98 Stat. 3056; Nov. 15, 1988, Pub. L. 100–657, §3(2), 102 Stat. 3900. | |
| 70102(2)–(9) | 49 App.:2603(1)–(8). | |
| 70102(10) | 49 App.:2603(10). | Oct. 30, 1984, Pub. L. 98–575, §4(10), 98 Stat. 3056; Nov. 15, 1988, Pub. L. 100–657, §3(1), 102 Stat. 3900. |
| 70102(11) | 49 App.:2603(11). | Oct. 30, 1984, Pub. L. 98–575, 98 Stat. 3055, §4(11); added Nov. 15, 1988, Pub. L. 100–657, §3(3), 102 Stat. 3900. |
| 70102(12) | 49 App.:2603(10). |
In this chapter, the word “country” is substituted for “nation” for consistency in the revised title and with other titles of the United States Code.
In clause (1), before subclause (A), the text of 49 App.:2603(9) is omitted as surplus because the complete name of the Secretary of Transportation is used the first time the term appears in a section. In subclauses (B) and (C), the words “corporation, partnership, joint venture, association, or other” are omitted as surplus. In subclause (C), the words “in regulations” and “in such entity” are omitted as surplus.
In clause (4), the words “propellants, launch vehicles and components thereof, and other physical” are omitted as surplus.
In clause (6), the words “includes all . . . located on a launch site which are . . . to conduct a launch” are omitted as surplus.
In clause (9), the words “corporation, partnership, joint venture, association, or other” are omitted as surplus.
Clauses (10) and (12) are substituted for 49 App.:2603(10) to eliminate unnecessary words.
In clause (11), before subclause (A), the words “or entity” are omitted as surplus. In subclause (A), the words “its agencies” are omitted as surplus.
Pub. L. 104–287
This amends 49:70102(6) to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1331).
Amendments
2004—Par. (2). Pub. L. 108–492, §2(b)(2), added par. (2). Former par. (2) redesignated (3).
Par. (3). Pub. L. 108–492, §2(b)(1), redesignated par. (2) as (3). Former par. (3) redesignated (4).
Par. (4). Pub. L. 108–492, §2(b)(1), (3), redesignated par. (3) as (4) and inserted “, crew, or space flight participant” after “any payload” in introductory provisions. Former par. (4) redesignated (5).
Par. (5). Pub. L. 108–492, §2(b)(1), redesignated par. (4) as (5). Former par. (5) redesignated (6).
Par. (6). Pub. L. 108–492, §2(b)(1), (4), redesignated par. (5) as (6) and substituted “, payload, crew (including crew training), or space flight participant” for “and payload” in subpar. (A). Former par. (6) redesignated (7).
Par. (7). Pub. L. 108–492, §2(b)(1), redesignated par. (6) as (7). Former par. (7) redesignated (8).
Par. (8). Pub. L. 108–492, §2(b)(1), (5), redesignated par. (7) as (8) and inserted “or human beings” after “place a payload” in subpar. (A). Former par. (8) redesignated (9).
Pars. (9), (10). Pub. L. 108–492, §2(b)(1), redesignated pars. (8) and (9) as (9) and (10), respectively. Former par. (10) redesignated (12).
Par. (11). Pub. L. 108–492, §2(b)(6), added par. (11). Former par. (11) redesignated (13).
Par. (12). Pub. L. 108–492, §2(b)(1), redesignated par. (10) as (12). Former par. (12) redesignated (14).
Par. (13). Pub. L. 108–492, §2(b)(1), (7), redesignated par. (11) as (13) and inserted “crew, or space flight participants,” after “and its payload,”. Former par. (13) redesignated (15).
Par. (14). Pub. L. 108–492, §2(b)(1), (8), redesignated par. (12) as (14) and substituted “and payload, crew (including crew training), or space flight participant” for “and its payload” in subpar. (A). Former par. (14) redesignated (16).
Pars. (15), (16). Pub. L. 108–492, §2(b)(1), redesignated pars. (13) and (14) as (15) and (16), respectively. Former pars. (15) and (16) redesignated (18) and (21), respectively.
Par. (17). Pub. L. 108–492, §2(b)(9), added par. (17). Former par. (17) redesignated (22).
Par. (18). Pub. L. 108–492, §2(b)(1), redesignated par. (15) as (18).
Pars. (19), (20). Pub. L. 108–492, §2(b)(10), added pars. (19) and (20).
Par. (21). Pub. L. 108–492, §2(b)(1), (11), redesignated par. (16) as (21) and added subpar. (E).
Par. (22). Pub. L. 108–492, §2(b)(1), redesignated par. (17) as (22).
2000—Pars. (8) to (17). Pub. L. 106–391 added par. (8) and redesignated former pars. (8) to (16) as (9) to (17), respectively.
1998—Par. (3). Pub. L. 105–303, §102(a)(3)(A), substituted “or reentry vehicle and any payload from Earth” for “and any payload” in introductory provisions and a comma for the period at end of subpar. (C) and inserted concluding provisions.
Par. (8). Pub. L. 105–303, §102(a)(3)(B), inserted “or reentry vehicle” after “means of a launch vehicle”.
Pars. (10) to (13). Pub. L. 105–303, §102(a)(3)(D), added pars. (10) to (13). Former pars. (10) to (12) redesignated (14) to (16), respectively.
Par. (14). Pub. L. 105–303, §102(a)(3)(C), redesignated par. (10) as (14).
Par. (15). Pub. L. 105–303, §102(a)(3)(C), (E), redesignated par. (11) as (15) and inserted “or reentry services” after “launch services” wherever appearing.
Par. (16). Pub. L. 105–303, §102(a)(3)(C), redesignated par. (12) as (16).
1996—Par. (6). Pub. L. 104–287 substituted “facilities at that location” for “facilities”.
Effective Date of 1996 Amendment
Amendment by Pub. L. 104–287 effective July 5, 1994, see section 8(1) of Pub. L. 104–287, set out as a note under section 5303 of this title.
§70103. General authority
(a)
(b)
(1) encourage, facilitate, and promote commercial space launches and reentries by the private sector, including those involving space flight participants; and
(2) take actions to facilitate private sector involvement in commercial space transportation activity, and to promote public-private partnerships involving the United States Government, State governments, and the private sector to build, expand, modernize, or operate a space launch and reentry infrastructure.
(c)
(d)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1332; Pub. L. 105–303, title I, §102(a)(4), Oct. 28, 1998, 112 Stat. 2847; Pub. L. 108–492, §2(c)(1), (2), Dec. 23, 2004, 118 Stat. 3976.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70103(a) | 49 App.:2604(a) (1st–10th words). | Oct. 30, 1984, Pub. L. 98–575, §5(a) (1st–10th words, (b)), 98 Stat. 3057. |
| 70103(b) | 49 App.:2604(a) (11th–15th words, cls. (1), (3)). | Oct. 30, 1984, Pub. L. 98–575, §5(a) (11th–15th words, cls. (1), (3)), 98 Stat. 3057; Nov. 16, 1990, Pub. L. 101–611, §117(e)(1), (3), 104 Stat. 3203. |
| 70103(c) | 49 App.:2604(b). |
In subsection (a), the words “be responsible for” are omitted as surplus.
In subsection (c), the words “To the extent permitted by law” are omitted as surplus. The words “the head of an executive agency” are substituted for “Federal agencies” for consistency in the revised title and with other titles of the United States Code.
Amendments
2004—Subsec. (b)(1). Pub. L. 108–492, §2(c)(1), inserted “, including those involving space flight participants” after “private sector”.
Subsecs. (c), (d). Pub. L. 108–492, §2(c)(2), added subsec. (c) and redesignated former subsec. (c) as (d).
1998—Subsec. (b). Pub. L. 105–303, §102(a)(4)(A), inserted “and Reentries” after “Launches” in heading.
Subsec. (b)(1). Pub. L. 105–303, §102(a)(4)(B), inserted “and reentries” after “commercial space launches”.
Subsec. (b)(2). Pub. L. 105–303, §102(a)(4)(C), inserted “and reentry” after “space launch”.
Ex. Ord. No. 12465. Coordination and Encouragement of Commercial Expendable Launch Vehicle Activities
Ex. Ord. No. 12465, Feb. 24, 1984, 49 F.R. 7211, provided:
By the authority vested in me as President by the Constitution and laws of the United States of America, and in order to encourage, facilitate and coordinate the development of commercial expendable launch vehicle (ELV) operations by private United States enterprises, it is hereby ordered as follows:
(a) act as a focal point within the Federal government for private sector space launch contacts related to commercial ELV operations;
(b) promote and encourage commercial ELV operations in the same manner that other private United States commercial enterprises are promoted by United States agencies;
(c) provide leadership in the establishment, within affected departments and agencies, of procedures that expedite the processing of private sector requests to obtain licenses necessary for commercial ELV launches and the establishment and operation of commercial launch ranges;
(d) consult with other affected agencies to promote consistent application of ELV licensing requirements for the private sector and assure fair and equitable treatment for all private sector applicants;
(e) serve as a single point of contact for collection and dissemination of documentation related to commercial ELV licensing applications;
(f) make recommendations to affected agencies and, as appropriate, to the President, concerning administrative measures to streamline Federal government procedures for licensing of commercial ELV activities;
(g) identify Federal statutes, treaties, regulations and policies which may have an adverse impact on ELV commercialization efforts and recommend appropriate changes to affected agencies and, as appropriate, to the President; and
(h) conduct appropriate planning regarding long-term effects of Federal activities related to ELV commercialization.
(a) provide the Secretary of Transportation with information concerning agency regulatory actions which may affect development of commercial ELV operations;
(b) review and revise their regulations and procedures to eliminate unnecessary regulatory obstacles to the development of commercial ELV operations and to ensure that those regulations and procedures found essential are administered as efficiently as possible; and
(c) establish timetables for the expeditious handling of and response to applications for licenses and approvals for commercial ELV activities.
Ronald Reagan.
§70104. Restrictions on launches, operations, and reentries
(a)
(1) for a person to launch a launch vehicle or to operate a launch site or reentry site, or to reenter a reentry vehicle, in the United States.
(2) for a citizen of the United States (as defined in section 70102(1)(A) or (B) of this title) to launch a launch vehicle or to operate a launch site or reentry site, or to reenter a reentry vehicle, outside the United States.
(3) for a citizen of the United States (as defined in section 70102(1)(C) of this title) to launch a launch vehicle or to operate a launch site or reentry site, or to reenter a reentry vehicle, outside the United States and outside the territory of a foreign country unless there is an agreement between the United States Government and the government of the foreign country providing that the government of the foreign country has jurisdiction over the launch or operation or reentry.
(4) for a citizen of the United States (as defined in section 70102(1)(C) of this title) to launch a launch vehicle or to operate a launch site or reentry site, or to reenter a reentry vehicle, in the territory of a foreign country if there is an agreement between the United States Government and the government of the foreign country providing that the United States Government has jurisdiction over the launch or operation or reentry.
Notwithstanding this subsection, a permit shall not authorize a person to operate a launch site or reentry site.
(b)
(c)
(d)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1332; Pub. L. 105–303, title I, §102(a)(5), Oct. 28, 1998, 112 Stat. 2847; Pub. L. 108–492, §2(c)(3)–(5), Dec. 23, 2004, 118 Stat. 3976.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70104(a) | 49 App.:2605(a). | Oct. 30, 1984, Pub. L. 98–575, §6(a), (b), 98 Stat. 3057. |
| 70104(b) | 49 App.:2605(b)(1) (1st sentence). | |
| 70104(c) | 49 App.:2605(b)(1) (last sentence), (2). |
In subsection (a)(2)–(4), the cross-reference is to section 70102(1) of the revised title (restating 49 App.:2603(12)) rather than to section 70102(11) (restating 49 App.:2603(11)) to correct a mistake. Section 3(2) of the Commercial Space Launch Act Amendments of 1988 (Public Law 100–657, 102 Stat. 3900) redesignated 49 App.:2603(11) as 49 App.:2603(12) but did not amend the cross-reference in 49 App.:2605(a).
In subsection (a)(3) and (4), the words “the government of” are added for consistency in the revised title and with other titles of the United States Code. The words “in force” are omitted as surplus.
In subsection (a)(3), the words “at any place which is both” are omitted as surplus.
In subsection (a)(4), the text of 49 App.:2605(a)(3)(B)(i) is omitted as surplus.
In subsection (c), the words “by Federal law”, “which is to be launched”, “by any Federal law”, “take such action under this chapter as the Secretary deems necessary to”, and “of a payload by a holder of a launch license under this chapter” are omitted as surplus.
Amendments
2004—Subsec. (a). Pub. L. 108–492, §2(c)(3), substituted “Requirement” for “License Requirement” in heading and “A license issued or transferred under this chapter, or a permit,” for “A license issued or transferred under this chapter” in introductory provisions and inserted concluding provisions.
Subsec. (b). Pub. L. 108–492, §2(c)(4), inserted “or permit” after “holder of a license”.
Subsec. (d). Pub. L. 108–492, §2(c)(5), added subsec. (d).
1998—Pub. L. 105–303, §102(a)(5)(A), substituted “Restrictions on launches, operations, and reentries” for “Restrictions on launches and operations” in section catchline.
Subsec. (a)(1), (2). Pub. L. 105–303, §102(a)(5)(B), inserted “or reentry site, or to reenter a reentry vehicle,” after “operate a launch site”.
Subsec. (a)(3), (4). Pub. L. 105–303, §102(a)(5)(B), (C), inserted “or reentry site, or to reenter a reentry vehicle,” after “operate a launch site” and “or reentry” after “launch or operation”.
Subsec. (b). Pub. L. 105–303, §102(a)(5)(D), struck out “launch” before “license” and inserted “or reenter” after “may launch” and “or reentering” after “related to launching”.
Subsec. (c). Pub. L. 105–303, §102(a)(5)(E), substituted “Preventing Launches and Reentries” for “Preventing Launches” in heading and inserted “or reentry” after “prevent the launch” and after “decides the launch” in second sentence.
§70105. License applications and requirements
(a)
(2) In carrying out paragraph (1), the Secretary may establish procedures for safety approvals of launch vehicles, reentry vehicles, safety systems, processes, services, or personnel (including approval procedures for the purpose of protecting the health and safety of crews and space flight participants, to the extent permitted by subsections (b) and (c)) that may be used in conducting licensed commercial space launch or reentry activities.
(b)
(2) The Secretary may prescribe—
(A) any term necessary to ensure compliance with this chapter, including on-site verification that a launch, operation, or reentry complies with representations stated in the application;
(B) any additional requirement necessary to protect the public health and safety, safety of property, national security interests, and foreign policy interests of the United States;
(C) by regulation that a requirement of a law of the United States not be a requirement for a license or permit if the Secretary, after consulting with the head of the appropriate executive agency, decides that the requirement is not necessary to protect the public health and safety, safety of property, and national security and foreign policy interests of the United States;
(D) additional license requirements, for a launch vehicle carrying a human being for compensation or hire, necessary to protect the health and safety of crew or space flight participants, only if such requirements are imposed pursuant to final regulations issued in accordance with subsection (c); and
(E) regulations establishing criteria for accepting or rejecting an application for a license or permit under this chapter within 60 days after receipt of such application.
(3) The Secretary may waive a requirement, including the requirement to obtain a license, for an individual applicant if the Secretary decides that the waiver is in the public interest and will not jeopardize the public health and safety, safety of property, and national security and foreign policy interests of the United States. The Secretary may not grant a waiver under this paragraph that would permit the launch or reentry of a launch vehicle or a reentry vehicle without a license or permit if a human being will be on board.
(4) The holder of a license or a permit under this chapter may launch or reenter crew only if—
(A) the crew has received training and has satisfied medical or other standards specified in the license or permit in accordance with regulations promulgated by the Secretary;
(B) the holder of the license or permit has informed any individual serving as crew in writing, prior to executing any contract or other arrangement to employ that individual (or, in the case of an individual already employed as of the date of enactment of the Commercial Space Launch Amendments Act of 2004, as early as possible, but in any event prior to any launch in which the individual will participate as crew), that the United States Government has not certified the launch vehicle as safe for carrying crew or space flight participants; and
(C) the holder of the license or permit and crew have complied with all requirements of the laws of the United States that apply to crew.
(5) The holder of a license or a permit under this chapter may launch or reenter a space flight participant only if—
(A) in accordance with regulations promulgated by the Secretary, the holder of the license or permit has informed the space flight participant in writing about the risks of the launch and reentry, including the safety record of the launch or reentry vehicle type, and the Secretary has informed the space flight participant in writing of any relevant information related to risk or probable loss during each phase of flight gathered by the Secretary in making the determination required by section 70112(a)(2) and (c);
(B) the holder of the license or permit has informed any space flight participant in writing, prior to receiving any compensation from that space flight participant or (in the case of a space flight participant not providing compensation) otherwise concluding any agreement to fly that space flight participant, that the United States Government has not certified the launch vehicle as safe for carrying crew or space flight participants;
(C) in accordance with regulations promulgated by the Secretary, the space flight participant has provided written informed consent to participate in the launch and reentry and written certification of compliance with any regulations promulgated under paragraph (6)(A); and
(D) the holder of the license or permit has complied with any regulations promulgated by the Secretary pursuant to paragraph (6).
(6)(A) The Secretary may issue regulations requiring space flight participants to undergo an appropriate physical examination prior to a launch or reentry under this chapter. This subparagraph shall cease to be in effect three years after the date of enactment of the Commercial Space Launch Amendments Act of 2004.
(B) The Secretary may issue additional regulations setting reasonable requirements for space flight participants, including medical and training requirements. Such regulations shall not be effective before the expiration of 3 years after the date of enactment of the Commercial Space Launch Amendments Act of 2004.
(c)
(2) Regulations issued under this subsection shall—
(A) describe how such regulations would be applied when the Secretary is determining whether to issue a license under this chapter;
(B) apply only to launches in which a vehicle will be carrying a human being for compensation or hire;
(C) be limited to restricting or prohibiting design features or operating practices that—
(i) have resulted in a serious or fatal injury (as defined in 49 CFR 830, as in effect on November 10, 2004) to crew or space flight participants during a licensed or permitted commercial human space flight; or
(ii) contributed to an unplanned event or series of events during a licensed or permitted commercial human space flight that posed a high risk of causing a serious or fatal injury (as defined in 49 CFR 830, as in effect on November 10, 2004) to crew or space flight participants; and
(D) be issued with a description of the instance or instances when the design feature or operating practice being restricted or prohibited contributed to a result or event described in subparagraph (C).
(3) Beginning 8 years after the date of enactment of the Commercial Space Launch Amendments Act of 2004, the Secretary may propose regulations under this subsection without regard to paragraph (2)(C) and (D). Any such regulations shall take into consideration the evolving standards of safety in the commercial space flight industry.
(4) Nothing in this subsection shall be construed to limit the authority of the Secretary to issue requirements or regulations to protect the public health and safety, safety of property, national security interests, and foreign policy interests of the United States.
(d)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1333; Pub. L. 105–303, title I, §102(a)(6), Oct. 28, 1998, 112 Stat. 2848; Pub. L. 108–492, §2(c)(6)–(15), Dec. 23, 2004, 118 Stat. 3976–3979.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70105(a) | 49 App.:2606 (1st sentence). | Oct. 30, 1984, Pub. L. 98–575, §§7 (1st sentence), 8, 9(a), (b), 98 Stat. 3058. |
| 49 App.:2608(a) (1st sentence), (b) (1st, 3d, last sentences). | ||
| 70105(b)(1) | 49 App.:2607(a)(1). | |
| 70105(b) (2)(A) | 49 App.:2608(b) (2d sentence). | |
| 70105(b) (2)(B) | 49 App.:2607(b). | |
| 70105(b) (2)(C) | 49 App.:2607(a)(2). | |
| 70105(b)(3) | 49 App.:2607(c). | |
| 70105(c) | 49 App.:2608(a) (last sentence). |
In subsection (a), the words “for launching one or more launch vehicles or for operating one or more launch sites, or both” in 49 App.:2606 are omitted as surplus.
In subsection (b)(2)(C), the words “that would otherwise apply to the launch of a launch vehicle or the operation of a launch site” are omitted as surplus. The words “the head of” are added for consistency in the revised title and with other titles of the United States Code.
References in Text
Subsection (b)(2)(D), referred to in subsec. (a)(1), was redesignated subsection (b)(2)(E) by Pub. L. 108–492, §2(c)(10), Dec. 23, 2004, 118 Stat. 3977.
The date of enactment of the Commercial Space Launch Amendments Act of 2004, referred to in subsecs. (b)(4)(B), (6) and (c)(3), is the date of enactment of Pub. L. 108–492, which was approved Dec. 23, 2004.
Amendments
2004—Subsec. (a)(1). Pub. L. 108–492, §2(c)(6)(A), substituted “the Secretary has not taken action on a license application” for “a license is not issued”.
Subsec. (a)(2). Pub. L. 108–492, §2(c)(6)(B), inserted “(including approval procedures for the purpose of protecting the health and safety of crews and space flight participants, to the extent permitted by subsections (b) and (c))” after “or personnel”.
Subsec. (b)(1). Pub. L. 108–492, §2(c)(7), inserted “or permit” after “for a license”.
Subsec. (b)(2)(B). Pub. L. 108–492, §2(c)(8), substituted “any” for “an”.
Subsec. (b)(2)(C). Pub. L. 108–492, §2(c)(9), inserted “or permit” after “for a license” and struck out “and” at end.
Subsec. (b)(2)(D). Pub. L. 108–492, §2(c)(10), added subpar. (D). Former subpar. (D) redesignated (E).
Subsec. (b)(2)(E). Pub. L. 108–492, §2(c)(10), (11), redesignated subpar. (D) as (E) and inserted “or permit” after “for a license”.
Subsec. (b)(3). Pub. L. 108–492, §2(c)(12), inserted at end “The Secretary may not grant a waiver under this paragraph that would permit the launch or reentry of a launch vehicle or a reentry vehicle without a license or permit if a human being will be on board.”
Subsec. (b)(4) to (6). Pub. L. 108–492, §2(c)(13), added pars. (4) to (6).
Subsec. (c). Pub. L. 108–492, §2(c)(14), added subsec. (c). Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 108–492, §2(c)(14), (15), redesignated subsec. (c) as (d) and inserted “or permit” after “of a license”.
1998—Subsec. (a). Pub. L. 105–303, §102(a)(6)(B), substituted “accepting an application in accordance with criteria established pursuant to subsection (b)(2)(D)” for “receiving an application” in two places.
Pub. L. 105–303, §102(a)(6)(A), (C), designated existing provisions as par. (1), inserted “The Secretary shall transmit to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a written notice not later than 30 days after any occurrence when a license is not issued within the deadline established by this subsection.” at end of par. (1), and added par. (2).
Subsec. (b)(1). Pub. L. 105–303, §102(a)(6)(D), inserted “or a reentry site, or the reentry of a reentry vehicle,” after “operation of a launch site”.
Subsec. (b)(2)(A). Pub. L. 105–303, §102(a)(6)(E), substituted “, operation, or reentry” for “or operation”.
Subsec. (b)(2)(D). Pub. L. 105–303, §102(a)(6)(F)–(H), added subpar. (D).
Subsec. (b)(3). Pub. L. 105–303, §102(a)(6)(I), inserted “, including the requirement to obtain a license,” after “waive a requirement”.
Change of Name
Committee on Science of House of Representatives changed to Committee on Science and Technology of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
Effective Date of 1998 Amendment
Pub. L. 105–303, title I, §102(c), Oct. 28, 1998, 112 Stat. 2851, which provided that amendments made by section 102(a)(6)(B) of Pub. L. 105–303 (amending this section) were to take effect upon the effective date of final regulations issued pursuant to subsection (b)(2)(D) of this section, was repealed by Pub. L. 108–492, §4, Dec. 23, 2004, 118 Stat. 3983.
1 See References in Text note below.
§70105a. Experimental permits
(a) A person may apply to the Secretary of Transportation for an experimental permit under this section in the form and manner the Secretary prescribes. Consistent with the protection of the public health and safety, safety of property, and national security and foreign policy interests of the United States, the Secretary, not later than 120 days after receiving an application pursuant to this section, shall issue a permit if the Secretary decides in writing that the applicant complies, and will continue to comply, with this chapter and regulations prescribed under this chapter. The Secretary shall inform the applicant of any pending issue and action required to resolve the issue if the Secretary has not made a decision not later than 90 days after receiving an application. The Secretary shall transmit to the Committee on Science of the House of Representatives and Committee on Commerce, Science, and Transportation of the Senate a written notice not later than 15 days after any occurrence when the Secretary has failed to act on a permit within the deadline established by this section.
(b) In carrying out subsection (a), the Secretary may establish procedures for safety approvals of launch vehicles, reentry vehicles, safety systems, processes, services, or personnel that may be used in conducting commercial space launch or reentry activities pursuant to a permit.
(c) In order to encourage the development of a commercial space flight industry, the Secretary may when issuing permits use the authority granted under section 70105(b)(2)(C).
(d) The Secretary may issue a permit only for reusable suborbital rockets that will be launched or reentered solely for—
(1) research and development to test new design concepts, new equipment, or new operating techniques;
(2) showing compliance with requirements as part of the process for obtaining a license under this chapter; or
(3) crew training prior to obtaining a license for a launch or reentry using the design of the rocket for which the permit would be issued.
(e) Permits issued under this section shall—
(1) authorize an unlimited number of launches and reentries for a particular suborbital rocket design for the uses described in subsection (d); and
(2) specify the type of modifications that may be made to the suborbital rocket without changing the design to an extent that would invalidate the permit.
(f) Permits shall not be transferable.
(g) A permit may not be issued for, and a permit that has already been issued shall cease to be valid for, a particular design for a reusable suborbital rocket after a license has been issued for the launch or reentry of a rocket of that design.
(h) No person may operate a reusable suborbital rocket under a permit for carrying any property or human being for compensation or hire.
(i) For the purposes of sections 70106, 70107, 70108, 70109, 70110, 70112, 70115, 70116, 70117, and 70121 of this chapter—
(1) a permit shall be considered a license;
(2) the holder of a permit shall be considered a licensee;
(3) a vehicle operating under a permit shall be considered to be licensed; and
(4) the issuance of a permit shall be considered licensing.
This subsection shall not be construed to allow the transfer of a permit.
(Added Pub. L. 108–492, §2(c)(16), Dec. 23, 2004, 118 Stat. 3979.)
Change of Name
Committee on Science of House of Representatives changed to Committee on Science and Technology of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
§70106. Monitoring activities
(a)
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1334; Pub. L. 105–303, title I, §102(a)(7), Oct. 28, 1998, 112 Stat. 2848; Pub. L. 108–492, §2(c)(17), Dec. 23, 2004, 118 Stat. 3980.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70106(a) | 49 App.:2613(a). | Oct. 30, 1984, Pub. L. 98–575, §14, 98 Stat. 3060. |
| 70106(b) | 49 App.:2613(b). |
In subsection (a), the word “duties” is substituted for “responsibilities” for consistency in the revised title and with other titles of the United States Code.
Amendments
2004—Subsec. (a). Pub. L. 108–492 inserted “at a site used for crew or space flight participant training,” after “assemble a launch vehicle or reentry vehicle,” and substituted “sections 70104(c), 70105, and 70105a” for “section 70104(c)”.
1998—Subsec. (a). Pub. L. 105–303, in first sentence, inserted “or reentry site” after “observer at a launch site” and “or reentry vehicle” after “assemble a launch vehicle” and after “with a launch vehicle”.
§70107. Effective periods, and modifications, suspensions, and revocations, of licenses
(a)
(b)
(2) The Secretary shall modify a license issued or transferred under this chapter whenever a modification is needed for the license to be in conformity with a regulation that was issued pursuant to section 70105(c) after the issuance of the license. This paragraph shall not apply to permits.
(c)
(1) the licensee has not complied substantially with a requirement of this chapter or a regulation prescribed under this chapter; or
(2) the suspension or revocation is necessary to protect the public health and safety, the safety of property, or a national security or foreign policy interest of the United States.
(d)
(2) Any suspension imposed under this subsection shall be for as brief a period as possible and, in any event, shall cease when the Secretary—
(A) has determined that the licensee has taken sufficient steps to reduce the likelihood of a recurrence of the serious or fatal injury; or
(B) has modified the license pursuant to subsection (b) to sufficiently reduce the likelihood of a recurrence of the serious or fatal injury.
(3) This subsection shall not apply to permits.
(e)
(f)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1334; Pub. L. 108–492, §2(c)(18), (19), Dec. 23, 2004, 118 Stat. 3980.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70107(a) | 49 App.:2606 (last sentence). | Oct. 30, 1984, Pub. L. 98–575, §§7 (last sentence), 10, 98 Stat. 3058, 3059. |
| 70107(b) | 49 App.:2609(b). | |
| 70107(c) | 49 App.:2609(a). | |
| 70107(d) | 49 App.:2609(c). | |
| 70107(e) | 49 App.:2609(d). |
In subsection (a), the words “of time” and “in accordance with regulations issued under this chapter” are omitted as surplus.
In subsection (b), the words “the requirements of” are omitted as surplus.
In subsection (e), the words “Whenever the Secretary takes any action” are omitted as surplus.
Amendments
2004—Subsec. (b). Pub. L. 108–492, §2(c)(18), designated existing text as par. (1) and added par. (2).
Subsecs. (d) to (f). Pub. L. 108–492, §2(c)(19), added subsec. (d) and redesignated former subsecs. (d) and (e) as (e) and (f), respectively.
§70108. Prohibition, suspension, and end of launches, operation of launch sites and reentry sites, and reentries
(a)
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1334; Pub. L. 105–303, title I, §102(a)(8), Oct. 28, 1998, 112 Stat. 2848.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70108(a) | 49 App.:2610(a). | Oct. 30, 1984, Pub. L. 98–575, §11, 98 Stat. 3059. |
| 70108(b) | 49 App.:2610(b). |
Amendments
1998—Pub. L. 105–303, §102(a)(8)(A), substituted “Prohibition, suspension, and end of launches, operation of launch sites and reentry sites, and reentries” for “Prohibition, suspension, and end of launches and operation of launch sites” in section catchline.
Subsec. (a). Pub. L. 105–303, §102(a)(8)(B), inserted “or reentry site, or reentry of a reentry vehicle,” after “operation of a launch site” and “or reentry” after “launch or operation”.
§70109. Preemption of scheduled launches or reentries
(a)
(b)
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1335; Pub. L. 105–303, title I, §102(a)(9), Oct. 28, 1998, 112 Stat. 2849.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70109(a) | 49 App.:2614(b)(4)(A) (1st, last sentences). | Oct. 30, 1984, Pub. L. 98–575, 98 Stat. 3055, §15(b)(4); added Nov. 15, 1988, Pub. L. 100–657, §7, 102 Stat. 3906. |
| 70109(b) | 49 App.:2614(b)(4)(A) (2d sentence). | |
| 70109(c) | 49 App.:2614(b)(4)(B). |
Amendments
1998—Pub. L. 105–303, §102(a)(9)(A), substituted “Preemption of scheduled launches or reentries” for “Preemption of scheduled launches” in section catchline.
Subsec. (a). Pub. L. 105–303, §102(a)(9)(B), inserted “or reentry” after “ensure that a launch”, “, reentry site,” after “United States Government launch site”, “or reentry date commitment” after “launch date commitment”, “or reentry” after “obtained for a launch”, “, reentry site,” after “access to a launch site”, “, or services related to a reentry,” after “amount for launch services”, and “or reentry” after “the scheduled launch”.
Subsec. (c). Pub. L. 105–303, §102(a)(9)(C), inserted “or reentry” after “prompt launching”.
§70109a. Space advertising
(a)
(1) issue or transfer a license under this chapter; or
(2) waive the license requirements of this chapter.
(b)
(c)
(1) commercial space transportation vehicles;
(2) space infrastructure payloads;
(3) space launch facilities; and
(4) launch support facilities.
(Added Pub. L. 106–391, title III, §322(b), Oct. 30, 2000, 114 Stat. 1598.)
Negotiation With Foreign Launching Nations
Pub. L. 106–391, title III, §322(c), Oct. 30, 2000, 114 Stat. 1598, provided that:
“(1) The President is requested to negotiate with foreign launching nations for the purpose of reaching one or more agreements that prohibit the use of outer space for obtrusive space advertising purposes.
“(2) It is the sense of the Congress that the President should take such action as is appropriate and feasible to enforce the terms of any agreement to prohibit the use of outer space for obtrusive space advertising purposes.
“(3) As used in this subsection, the term ‘foreign launching nation’ means a nation—
“(A) that launches, or procures the launching of, a payload into outer space; or
“(B) from the territory or facility of which a payload is launched into outer space.”
§70110. Administrative hearings and judicial review
(a)
(1) an applicant under this chapter, for a decision of the Secretary under section 70105(a) or 70105a of this title to issue or transfer a license with terms or deny the issuance or transfer of a license;
(2) an owner or operator of a payload under this chapter, for a decision of the Secretary under section 70104(c) of this title to prevent the launch or reentry of the payload; and
(3) a licensee under this chapter, for a decision of the Secretary under—
(A) section 70107(b) or (c) of this title to modify, suspend, or revoke a license; or
(B) section 70108(a) of this title to prohibit, suspend, or end a launch or operation of a launch site or reentry site, or reentry of a reentry vehicle, licensed by the Secretary.
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1335; Pub. L. 105–303, title I, §102(a)(10), Oct. 28, 1998, 112 Stat. 2849; Pub. L. 108–492, §2(c)(20), Dec. 23, 2004, 118 Stat. 3981.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70110(a)(1) | 49 App.:2611(a)(1) (1st sentence). | Oct. 30, 1984, Pub. L. 98–575, §12, 98 Stat. 3060. |
| 70110(a)(2) | 49 App.:2611(a)(1) (last sentence). | |
| 70110(a)(3) | 49 App.:2611(a)(2). | |
| 70110(b) | 49 App.:2611(b). |
In subsection (a), before clause (1), the words “The Secretary of Transportation shall provide an opportunity for a hearing on the record to” are substituted for “shall be entitled to a determination on the record after an opportunity for a hearing” for consistency in the revised title. The words “in accordance with section 554 of title 5” are omitted for consistency and because 5:554 applies to a hearing on the record unless otherwise stated. In clause (1), the words “and a proposed transferee of a license” are omitted as being included in “applicant”.
In subsection (b), the words “to issue, transfer, deny the issuance or transfer of, suspend, revoke, or modify a license or to terminate, prohibit, or suspend any launch or operation of a launch site licensed by the Secretary or to prevent the launch of a payload” are omitted as surplus.
Amendments
2004—Subsec. (a)(1). Pub. L. 108–492 inserted “or 70105a” after “70105(a)”.
1998—Subsec. (a)(2). Pub. L. 105–303, §102(a)(10)(A), inserted “or reentry” after “prevent the launch”.
Subsec. (a)(3)(B). Pub. L. 105–303, §102(a)(10)(B), inserted “or reentry site, or reentry of a reentry vehicle,” after “operation of a launch site”.
§70111. Acquiring United States Government property and services
(a)
(A) launch or reentry property of the United States Government that is excess or otherwise is not needed for public use; and
(B) launch services and reentry services, including utilities, of the Government otherwise not needed for public use.
(2) In acting under paragraph (1) of this subsection, the Secretary shall consider the commercial availability on reasonable terms of substantially equivalent launch property or launch services or reentry services from a domestic source, whether such source is located on or off a Federal range.
(b)
(A) can be associated unambiguously with a commercial launch or reentry effort; and
(B) the Government would not incur if there were no commercial launch or reentry effort.
(2) In consultation with the Secretary, the head of the executive agency providing the property or service under subsection (a) of this section shall establish the price for the property or service. The price for—
(A) acquiring launch property by sale or transaction instead of sale is the fair market value;
(B) acquiring launch property (except by sale or transaction instead of sale) is an amount equal to the direct costs, including specific wear and tear and property damage, the Government incurred because of acquisition of the property; and
(C) launch services or reentry services is an amount equal to the direct costs, including the basic pay of Government civilian and contractor personnel, the Government incurred because of acquisition of the services.
(3) The Secretary shall ensure the establishment of uniform guidelines for, and consistent implementation of, this section by all Federal agencies.
(c)
(d)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1335; Pub. L. 105–303, title I, §102(a)(11), Oct. 28, 1998, 112 Stat. 2849.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70111(a) | 49 App.:2614(a). | Oct. 30, 1984, Pub. L. 98–575, §15(a), 98 Stat. 3060; Nov. 15, 1988, Pub. L. 100–657, §4(a), 102 Stat. 3900; Nov. 16, 1990, Pub. L. 101–611, §117(b), 104 Stat. 3202. |
| 70111(b) | 49 App.:2614(b)(1). | Oct. 30, 1984, Pub. L. 98–575, §15(b)(1), 98 Stat. 3061; Nov. 15, 1988, Pub. L. 100–657, §4(b), 102 Stat. 3901. |
| 70111(c) | 49 App.:2614(b)(2), (3). | Oct. 30, 1984, Pub. L. 98–575, §15(b)(2), (3), 98 Stat. 3061. |
| 70111(d) | 49 App.:2614(d). | Oct. 30, 1984, Pub. L. 98–575, 98 Stat. 3055, §15(d); added Nov. 15, 1988, Pub. L. 100–657, §4(c), 102 Stat. 3901. |
In subsection (a)(1), before clause (A), the words “take such actions as may be necessary to” and “(by lease, sale, transaction in lieu of sale, or otherwise)” are omitted as surplus.
In subsections (b)(2) and (c), the words “the head of” are added for consistency in the revised title and with other titles of the United States Code.
In subsection (b)(2), before clause (A), the word “price” is substituted for “amount to be paid to the United States” and “the amount of such payment” to eliminate unnecessary words. The words “by any person who acquires launch property or launch services, including utilities” are omitted as surplus. In clause (C), the words “including utilities” are omitted as surplus. The words “basic pay” are substituted for “salaries” for clarity.
In subsection (c), the word “collected” is substituted for “received” for consistency in this section. The words “by the United States for launch property or launch services, including utilities” and “the general fund of” are omitted as surplus.
In subsection (d), the words “department, agency, or instrumentality of the Government” are substituted for “Federal agency or department” for consistency in the revised title and with other titles of the Code.
Amendments
1998—Subsec. (a)(1)(A). Pub. L. 105–303, §102(a)(11)(A), inserted “or reentry” after “launch”.
Subsec. (a)(1)(B). Pub. L. 105–303, §102(a)(11)(B), inserted “and reentry services” after “launch services”.
Subsec. (a)(2). Pub. L. 105–303, §102(a)(11)(C), (D), inserted “or reentry services” after “or launch services” and substituted “source, whether such source is located on or off a Federal range” for “source”.
Subsec. (b)(1)(A), (B). Pub. L. 105–303, §102(a)(11)(E), inserted “or reentry” after “commercial launch”.
Subsec. (b)(2)(C). Pub. L. 105–303, §102(a)(11)(F), inserted “or reentry services” after “launch services”.
Subsec. (b)(3). Pub. L. 105–303, §102(a)(11)(G), added par. (3).
Subsec. (d). Pub. L. 105–303, §102(a)(11)(H), (I), substituted “or reentry vehicle, or the payload of either, for launch or reentry” for “or its payload for launch” and inserted “, reentry vehicle,” after “manufacturer of the launch vehicle”.
§70112. Liability insurance and financial responsibility requirements
(a)
(A) a third party for death, bodily injury, or property damage or loss resulting from an activity carried out under the license; and
(B) the United States Government against a person for damage or loss to Government property resulting from an activity carried out under the license.
(2) The Secretary of Transportation shall determine the amounts required under paragraph (1)(A) and (B) of this subsection, after consulting with the Administrator of the National Aeronautics and Space Administration, the Secretary of the Air Force, and the heads of other appropriate executive agencies.
(3) For the total claims related to one launch or reentry, a licensee or transferee is not required to obtain insurance or demonstrate financial responsibility of more than—
(A)(i) $500,000,000 under paragraph (1)(A) of this subsection; or
(ii) $100,000,000 under paragraph (1)(B) of this subsection; or
(B) the maximum liability insurance available on the world market at reasonable cost if the amount is less than the applicable amount in clause (A)(i) or (ii) of this paragraph.
(4) An insurance policy or demonstration of financial responsibility under this subsection shall protect the following, to the extent of their potential liability for involvement in launch services or reentry services, at no cost to the Government:
(A) the Government.
(B) executive agencies and personnel, contractors, and subcontractors of the Government.
(C) contractors, subcontractors, and customers of the licensee or transferee.
(D) contractors and subcontractors of the customer.
(b)
(2) The Secretary of Transportation shall make, for the Government, executive agencies of the Government involved in launch services or reentry services, and contractors and subcontractors involved in launch services or reentry services, a reciprocal waiver of claims with the licensee or transferee, contractors, subcontractors, crew, space flight participants, and customers of the licensee or transferee, and contractors and subcontractors of the customers, involved in launch services or reentry services under which each party to the waiver agrees to be responsible for property damage or loss it sustains, or for personal injury to, death of, or property damage or loss sustained by its own employees or by space flight participants, resulting from an activity carried out under the applicable license. The waiver applies only to the extent that claims are more than the amount of insurance or demonstration of financial responsibility required under subsection (a)(1)(B) of this section. After consulting with the Administrator and the Secretary of the Air Force, the Secretary of Transportation may waive, for the Government and a department, agency, and instrumentality of the Government, the right to recover damages for damage or loss to Government property to the extent insurance is not available because of a policy exclusion the Secretary of Transportation decides is usual for the type of insurance involved.
(c)
(d)
(2) Not later than May 15 of each year, the Secretary of Transportation shall review the amounts specified in subsection (a)(3)(A) of this section and submit a report to Congress that contains proposed adjustments in the amounts to conform with changed liability expectations and availability of insurance on the world market. The proposed adjustment takes effect 30 days after a report is submitted.
(e)
(f)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1336; Pub. L. 104–287, §5(74), (93), Oct. 11, 1996, 110 Stat. 3396, 3398; Pub. L. 105–303, title I, §102(a)(12), Oct. 28, 1998, 112 Stat. 2850; Pub. L. 108–492, §2(c)(21), Dec. 23, 2004, 118 Stat. 3981.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70112(a)(1), (2) | 49 App.:2615(a)(1)(A) (1st sentence), (B) (1st sentence). | Oct. 30, 1984, Pub. L. 98–575, §16(a), (c), 98 Stat. 3061; restated Nov. 15, 1988, Pub. L. 100–657, §5(a), 102 Stat. 3901, 3905. |
| 70112(a)(3) | 49 App.:2615(a)(1)(A) (last sentence), (B) (last sentence). | |
| 70112(a)(4) | 49 App.:2615(a)(2). | |
| 70112(b)(1) | 49 App.:2615(a)(1)(C). | |
| 70112(b)(2) | 49 App.:2615(a)(1)(D). | |
| 70112(c) | 49 App.:2615(a)(3) (1st, 2d sentences). | |
| 70112(d)(1) | 49 App.:2615(a)(3) (last sentence). | |
| 70112(d)(2) | 49 App.:2615(a)(4). | |
| 70112(e) | 49 App.:2614(c). | Oct. 30, 1984, Pub. L. 98–575, §15(c), 98 Stat. 3061; restated Nov. 15, 1988, Pub. L. 100–657, §5(b), 102 Stat. 3905. |
| 70112(f) | 49 App.:2615(c). |
In subsection (a), the word “particular” is omitted as surplus.
In subsection (a)(1), before clause (A), the word “sufficient” is omitted as surplus. In clauses (A) and (B), the words “in connection with any particular launch” are omitted as surplus.
In subsection (a)(4), before clause (A), the words “made . . . a requirement described in” are omitted as surplus.
In subsection (b)(2), the words “department, agency, and instrumentality of the Government” are substituted for “Federal agency” for consistency in the revised title and with other titles of the United States Code.
In subsection (d)(2), the words “if appropriate” are omitted as surplus.
In subsection (f), the words “department, agency, or instrumentality of the Government” are substituted for “Federal agency or department” for consistency in the revised title and with other titles of the Code. The words “insurance proceeds or . . . other” and “proceeds or other” are omitted as surplus.
Pub. L. 104–287, §5(93)
This amends 49:70112(a)(3)(B) to clarify a cross-reference in the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1337).
Amendments
2004—Subsec. (b)(2). Pub. L. 108–492 inserted “crew, space flight participants,” after “transferee, contractors, subcontractors,” and “or by space flight participants,” after “its own employees”.
1998—Subsec. (a)(1). Pub. L. 105–303, §102(a)(12)(A), inserted “launch or reentry” before “license is issued”.
Subsec. (a)(3). Pub. L. 105–303, §102(a)(12)(B), inserted “or reentry” after “one launch” in introductory provisions.
Subsec. (a)(4). Pub. L. 105–303, §102(a)(12)(C), inserted “or reentry services” after “launch services” in introductory provisions.
Subsec. (b)(1). Pub. L. 105–303, §102(a)(12)(D)–(F), inserted “launch or reentry” before “license issued or transferred”, “or reentry services” after “launch services”, and “applicable” after “carried out under the”.
Subsec. (b)(2). Pub. L. 105–303, §102(a)(12)(E), (F), inserted “or reentry services” after “launch services” wherever appearing and “applicable” after “carried out under the”.
Subsec. (e). Pub. L. 105–303, §102(a)(12)(G), (H), inserted “or Reentries” after “Launches” in heading and “or reentry site or a reentry” after “launch site” in text.
Subsec. (f). Pub. L. 105–303, §102(a)(12)(I), inserted “launch or reentry” before “license issued or transferred”.
1996—Subsec. (a)(3)(B). Pub. L. 104–287, §5(93), substituted “clause (A)(i) or (ii)” for “clause (A)”.
Subsec. (d)(1). Pub. L. 104–287, §5(74), substituted “Committee on Science” for “Committee on Science, Space, and Technology”.
Change of Name
Committee on Science of House of Representatives changed to Committee on Science and Technology of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
Effective Date of 1996 Amendment
Amendment by section 5(93) of Pub. L. 104–287 effective July 5, 1994, see section 8(1) of Pub. L. 104–287, set out as a note under section 5303 of this title.
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which the 2nd item on page 133 identifies a reporting provision which, as subsequently amended, is contained in subsec. (d)(1) of this section), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance.
Liability Regime for Commercial Space Transportation
Pub. L. 106–405, §7, Nov. 1, 2000, 114 Stat. 1752, provided that:
“(a)
“(b)
“(1) analyze the adequacy, propriety, and effectiveness of, and the need for, the current liability risk-sharing regime in the United States for commercial space transportation;
“(2) examine the current liability and liability risk-sharing regimes in other countries with space transportation capabilities;
“(3) examine the appropriateness of deeming all space transportation activities to be ‘ultrahazardous activities’ for which a strict liability standard may be applied and which liability regime should attach to space transportation activities, whether ultrahazardous activities or not;
“(4) examine the effect of relevant international treaties on the Federal Government's liability for commercial space launches and how the current domestic liability risk-sharing regime meets or exceeds the requirements of those treaties;
“(5) examine the appropriateness, as commercial reusable launch vehicles enter service and demonstrate improved safety and reliability, of evolving the commercial space transportation liability regime towards the approach of the airline liability regime;
“(6) examine the need for changes to the Federal Government's indemnification policy to accommodate the risks associated with commercial spaceport operations; and
“(7) recommend appropriate modifications to the commercial space transportation liability regime and the actions required to accomplish those modifications.
“(c)
“(1) interested Federal agencies, including—
“(A) the Office of the Associate Administrator for Commercial Space Transportation;
“(B) the National Aeronautics and Space Administration;
“(C) the Department of Defense; and
“(D) the Office of Space Commercialization; and
“(2) the public, received as a result of notice in Commerce Business Daily, the Federal Register, and appropriate Federal agency Internet websites.”
§70113. Paying claims exceeding liability insurance and financial responsibility requirements
(a)
(A) is more than the amount of insurance or demonstration of financial responsibility required under section 70112(a)(1)(A) of this title; and
(B) is not more than $1,500,000,000 (plus additional amounts necessary to reflect inflation occurring after January 1, 1989) above that insurance or financial responsibility amount.
(2) The Secretary may not provide for paying a part of a claim for which death, bodily injury, or property damage or loss results from willful misconduct by the licensee or transferee. To the extent insurance required under section 70112(a)(1)(A) of this title is not available to cover a successful third party liability claim because of an insurance policy exclusion the Secretary decides is usual for the type of insurance involved, the Secretary may provide for paying the excluded claims without regard to the limitation contained in section 70112(a)(1).
(b)
(1) notice must be given to the Government of a claim, or a civil action related to the claim, against a party described in subsection (a)(1) of this section for death, bodily injury, or property damage or loss;
(2) the Government must be given an opportunity to participate or assist in the defense of the claim or action; and
(3) the Secretary must approve any part of a settlement to be paid out of appropriations of the Government.
(c)
(d)
(A) survey the causes and extent of damage; and
(B) submit expeditiously to Congress a report on the results of the survey.
(2) Not later than 90 days after a court determination indicates that the liability for the total of claims related to one launch or reentry may be more than the required amount of insurance or demonstration of financial responsibility, the President, on the recommendation of the Secretary, shall submit to Congress a compensation plan that—
(A) outlines the total dollar value of the claims;
(B) recommends sources of amounts to pay for the claims;
(C) includes legislative language required to carry out the plan if additional legislative authority is required; and
(D) for a single event or incident, may not be for more than $1,500,000,000.
(3) A compensation plan submitted to Congress under paragraph (2) of this subsection shall—
(A) have an identification number; and
(B) be submitted to the Senate and the House of Representatives on the same day and when the Senate and House are in session.
(e)
(A) means a joint resolution of Congress the matter after the resolving clause of which is as follows: “That the Congress approves the compensation plan numbered __________ submitted to the Congress on __________ XX, 20____.”, with the blank spaces being filled appropriately; but
(B) does not include a resolution that includes more than one compensation plan.
(2) The Senate shall consider under this subsection a compensation plan requiring additional appropriations or legislative authority not later than 60 calendar days of continuous session of Congress after the date on which the plan is submitted to Congress.
(3) A resolution introduced in the Senate shall be referred immediately to a committee by the President of the Senate. All resolutions related to the same plan shall be referred to the same committee.
(4)(A) If the committee of the Senate to which a resolution has been referred does not report the resolution within 20 calendar days after it is referred, a motion is in order to discharge the committee from further consideration of the resolution or to discharge the committee from further consideration of the plan.
(B) A motion to discharge may be made only by an individual favoring the resolution and is highly privileged (except that the motion may not be made after the committee has reported a resolution on the plan). Debate on the motion is limited to one hour, to be divided equally between those favoring and those opposing the resolution. An amendment to the motion is not in order. A motion to reconsider the vote by which the motion is agreed to or disagreed to is not in order.
(C) If the motion to discharge is agreed to or disagreed to, the motion may not be renewed and another motion to discharge the committee from another resolution on the same plan may not be made.
(5)(A) After a committee of the Senate reports, or is discharged from further consideration of, a resolution, a motion to proceed to the consideration of the resolution is in order at any time, even though a similar previous motion has been disagreed to. The motion is highly privileged and is not debatable. An amendment to the motion is not in order. A motion to reconsider the vote by which the motion is agreed to or disagreed to is not in order.
(B) Debate on the resolution referred to in subparagraph (A) of this paragraph is limited to not more than 10 hours, to be divided equally between those favoring and those opposing the resolution. A motion further to limit debate is not debatable. An amendment to, or motion to recommit, the resolution is not in order. A motion to reconsider the vote by which the resolution is agreed to or disagreed to is not in order.
(6) The following shall be decided in the Senate without debate:
(A) a motion to postpone related to the discharge from committee.
(B) a motion to postpone consideration of a resolution.
(C) a motion to proceed to the consideration of other business.
(D) an appeal from a decision of the chair related to the application of the rules of the Senate to the procedures related to a resolution.
(f)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1338; Pub. L. 104–287, §5(94), Oct. 11, 1996, 110 Stat. 3398; Pub. L. 105–303, title I, §102(a)(13), Oct. 28, 1998, 112 Stat. 2850; Pub. L. 106–74, title IV, §433, Oct. 20, 1999, 113 Stat. 1097; Pub. L. 106–377, §1(a)(1) [title IV, §429], Oct. 27, 2000, 114 Stat. 1441, 1441A–56; Pub. L. 106–405, §§5(b), 6(a), Nov. 1, 2000, 114 Stat. 1752; Pub. L. 108–428, §1, Nov. 30, 2004, 118 Stat. 2432; Pub. L. 108–492, §2(c)(22), (23), Dec. 23, 2004, 118 Stat. 3981.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70113(a) | 49 App.:2615(b)(1). | Oct. 30, 1984, Pub. L. 98–575, §16(b)(1)–(4), 98 Stat. 3061; restated Nov. 15, 1988, Pub. L. 100–657, §5(a), 102 Stat. 3903. |
| 70113(b) | 49 App.:2615(b)(2). | |
| 70113(c) | 49 App.:2615(b)(3). | |
| 70113(d)(1) | 49 App.:2615(b)(4)(A). | |
| 70113(d)(2) | 49 App.:2615(b)(4)(B). | |
| 70113(d)(3) | 49 App.:2615(b)(4)(C). | |
| 70113(e)(1) | 49 App.:2615(b) (4)(D)(i), (iii). | |
| 70113(e)(2) | 49 App.:2615(b) (4)(D)(ii). | |
| 70113(e)(3) | 49 App.:2615(b) (4)(D)(iv). | |
| 70113(e)(4) | 49 App.:2615(b) (4)(D)(v). | |
| 70113(e)(5) | 49 App.:2615(b) (4)(D)(vi). | |
| 70113(e)(6) | 49 App.:2615(b) (4)(D)(vii). | |
| 70113(f) | 49 App.:2615(b)(5). | Oct. 30, 1984, Pub. L. 98–575, §16(b)(5), 98 Stat. 3061; restated Nov. 15, 1988, Pub. L. 100–657, §5(a), 102 Stat. 3903; Nov. 4, 1992, Pub. L. 102–588, §503, 106 Stat. 5124. |
In subsection (a)(1), before clause (A), the word “particular” is omitted as surplus. In clause (B), the words “the level that is” are omitted as surplus.
In subsection (b)(1), the words “civil action” are substituted for “suit” for consistency in the revised title and with other titles of the United States Code and rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.).
In subsection (b)(2), the words “the Government must be given an opportunity” are substituted for “by the United States, at its election” for clarity.
In subsection (c), the words “just and” and “judgment” are omitted as surplus.
In subsection (d), the word “particular” is omitted as surplus.
In subsection (d)(2), before clause (A), the words “or plans” are omitted because of 1:1.
In subsection (e)(1), before clause (A), the text of 49 App.:2615(b)(4)(D)(i) is omitted as surplus. In clause (A), the word “only” is omitted as surplus. The word “Congress” is substituted for “the first blank space therein being filled with the name of the resolving House” to correct an error in the law.
In subsection (e)(3), the words “once introduced with respect to a compensation plan” are omitted as surplus.
In subsection (e)(4)(A), the word “either” is omitted as surplus.
In subsection (f), the word “only” is omitted as surplus.
Pub. L. 104–287
This amends 49:70113(e)(6)(D) to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1340).
Amendments
2004—Subsec. (a)(1). Pub. L. 108–492, §2(c)(22), inserted “but not against a space flight participant,” after “subcontractor of a customer,”.
Subsec. (f). Pub. L. 108–492, §2(c)(23), inserted at end “This section does not apply to permits.”
Pub. L. 108–428 substituted “December 31, 2009” for “December 31, 2004”.
2000—Subsec. (e)(1)(A). Pub. L. 106–405, §6(a), substituted “20____” for “19____”.
Subsec. (f). Pub. L. 106–405, §5(b), substituted “December 31, 2004” for “December 31, 2001”.
Pub. L. 106–377 substituted “December 31, 2001” for “December 31, 2000”.
1999—Subsec. (f). Pub. L. 106–74 substituted “December 31, 2000” for “December 31, 1999”.
1998—Subsecs. (a)(1), (d)(1), (2). Pub. L. 105–303 inserted “or reentry” after “one launch”.
1996—Subsec. (e)(6)(D). Pub. L. 104–287 substituted “related to a resolution” for “related to resolution”.
Effective Date of 2000 Amendment
Pub. L. 106–405, §6(b), Nov. 1, 2000, 114 Stat. 1752, provided that: “The amendment made by subsection (a) [amending this section] takes effect on January 1, 2000.”
§70114. Disclosing information
The Secretary of Transportation, an officer or employee of the United States Government, or a person making a contract with the Secretary under section 70106(b) of this title may disclose information under this chapter that qualifies for an exemption under section 552(b)(4) of title 5 or is designated as confidential by the person or head of the executive agency providing the information only if the Secretary decides withholding the information is contrary to the public or national interest.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1340.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70114 | 49 App.:2608(c). | Oct. 30, 1984, Pub. L. 98–575, §9(c), 98 Stat. 3059. |
The words “data or” are omitted as surplus. The words “the head of” and “executive” are added for consistency in the revised title and with other titles of the United States Code.
§70115. Enforcement and penalty
(a)
(b)
(A) conduct investigations and inquiries;
(B) administer oaths;
(C) take affidavits; and
(D) under lawful process—
(i) enter at a reasonable time a launch site, reentry site, production facility, assembly site of a launch vehicle or reentry vehicle, crew or space flight participant training site, or site at which a payload is integrated with a launch vehicle or reentry vehicle to inspect an object to which this chapter applies or a record or report the Secretary requires be made or kept under this chapter; and
(ii) seize the object, record, or report when there is probable cause to believe the object, record, or report was used, is being used, or likely will be used in violation of this chapter.
(2) The Secretary may delegate a duty or power under this chapter related to enforcement to an officer or employee of another executive agency with the consent of the head of the agency.
(c)
(2) In conducting a hearing under paragraph (1) of this subsection, the Secretary may—
(A) subpena witnesses and records; and
(B) enforce a subpena in an appropriate district court of the United States.
(3) The Secretary shall impose the civil penalty by written notice. The Secretary may compromise or remit a penalty imposed, or that may be imposed, under this section.
(4) The Secretary shall recover a civil penalty not paid after the penalty is final or after a court enters a final judgment for the Secretary.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1341; Pub. L. 105–303, title I, §102(a)(14), Oct. 28, 1998, 112 Stat. 2850; Pub. L. 108–492, §2(c)(24), Dec. 23, 2004, 118 Stat. 3981.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70115(a) | 49 App.:2617. | Oct. 30, 1984, Pub. L. 98–575, §§17–19, 98 Stat. 3061. |
| 70115(b)(1) | 49 App.:2616(b). | |
| 70115(b)(2) | 49 App.:2616(a). | |
| 70115(c)(1) | 49 App.:2618(a) (1st, 2d sentences). | |
| 70115(c)(2) | 49 App.:2618(c). | |
| 70115(c)(3) | 49 App.:2618(a) (3d, last sentences). | |
| 70115(c)(4) | 49 App.:2618(b). |
In subsection (a), the words “a requirement of” are omitted as surplus. The word “prescribed” is substituted for “issued” for consistency in the revised title and with other titles of the United States Code. The words “condition, or restriction” are omitted as surplus.
In subsection (b)(1)(A)–(C), the words “concerning any matter relating to enforcement of this chapter” are omitted as surplus.
In subsection (b)(1)(B) and (C), the words “from any person” are omitted as surplus.
In subsection (b)(1)(B), the word “affirmation” is omitted because of 1:1.
In subsection (b)(2), the text of 49 App.:2616(a) (1st sentence) is omitted as surplus because the Secretary of Transportation enforces programs the Secretary carries out unless otherwise provided. The words “the exercise of” are omitted as surplus. The words “duty or power” are substituted for “authority” for consistency in the revised title and with other titles of the Code. The words “to any officer or employee of the Department of Transportation” are omitted as surplus because of 49:322(b).
In subsection (c)(1), the words “in accordance with section 554 of title 5” are omitted for consistency in the revised title and because 5:554 applies to a hearing on the record unless otherwise stated. The words “for each violation” are omitted as surplus.
In subsection (c)(2), the words “relevant papers, books, documents, and other” are omitted as surplus. The words “(3) administer oaths and affirmatives” are omitted as surplus because of subsection (b)(1)(B) of this section.
In subsection (c)(3), the word “impose” is substituted for “assessed” for consistency in the revised title and with other titles of the Code. The words “amount of such” and “modify . . . with or without conditions” are omitted as surplus.
Subsection (c)(4) is substituted for 49 App.:2618(b) to eliminate unnecessary words.
Amendments
2004—Subsec. (b)(1)(D)(i). Pub. L. 108–492 inserted “crew or space flight participant training site,” after “site of a launch vehicle or reentry vehicle,”.
1998—Subsec. (b)(1)(D)(i). Pub. L. 105–303 inserted “reentry site,” after “launch site,” and inserted “or reentry vehicle” after “launch vehicle” in two places.
§70116. Consultation
(a)
(b)
(c)
(1) to provide consistent application of licensing requirements under this chapter;
(2) to ensure fair treatment for all license applicants; and
(3) when appropriate.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1341.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70116(a) | 49 App.:2619(a). | Oct. 30, 1984, Pub. L. 98–575, §20, 98 Stat. 3062. |
| 70116(b) | 49 App.:2619(b). | |
| 70116(c) | 49 App.:2604(a)(2). | Oct. 30, 1984, Pub. L. 98–575, §5(a)(2), 98 Stat. 3057; Nov. 16, 1990, Pub. L. 101–611, §117(e)(2), 104 Stat. 3203. |
| 49 App.:2619(c). |
In subsections (a) and (b), the words “including the issuance or transfer of each license” and “be responsible for” are omitted as surplus.
In subsection (c), before clause (1), the words “the head of” and “executive” are added for consistency in the revised title and with other titles of the United States Code. In clause (2), the words “and equitable” in 49 App.:2604(a)(2) are omitted as surplus.
§70117. Relationship to other executive agencies, laws, and international obligations
(a)
(b)
(1) the Federal Communications Commission under the Communications Act of 1934 (47 U.S.C. 151 et seq.); or
(2) the Secretary of Commerce under the Land Remote Sensing Policy Act of 1992 (15 U.S.C. 5601 et seq.).
(c)
(1) may not adopt or have in effect a law, regulation, standard, or order inconsistent with this chapter; but
(2) may adopt or have in effect a law, regulation, standard, or order consistent with this chapter that is in addition to or more stringent than a requirement of, or regulation prescribed under, this chapter.
(d)
(e)
(1) carry out this chapter consistent with an obligation the United States Government assumes in a treaty, convention, or agreement in force between the Government and the government of a foreign country; and
(2) consider applicable laws and requirements of a foreign country when carrying out this chapter.
(f)
(g)
(1) a launch, reentry, operation of a launch vehicle or reentry vehicle, operation of a launch site or reentry site, or other space activity the Government carries out for the Government; or
(2) planning or policies related to the launch, reentry, operation, or activity.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1342; Pub. L. 104–287, §5(95), Oct. 11, 1996, 110 Stat. 3398; Pub. L. 105–303, title I, §102(a)(15), Oct. 28, 1998, 112 Stat. 2850.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70117(a) | 49 App.:2605(c)(1). | Oct. 30, 1984, Pub. L. 98–575, §§6(c), 21, 98 Stat. 3058, 3063. |
| 70117(b) | 49 App.:2605(c)(2). | |
| 70117(c) | 49 App.:2620(a) (1st, 2d sentences). | |
| 70117(d) | 49 App.:2620(a) (last sentence). | |
| 70117(e) | 49 App.:2620(d). | |
| 70117(f) | 49 App.:2620(b). | |
| 70117(g) | 49 App.:2620(c). |
In subsection (e)(1), the words “government of a foreign country” are substituted for “foreign nation” for consistency in the revised title and with other titles of the United States Code.
Pub. L. 104–287
This amends 49:70117(b)(2) by updating a cross-reference. Section 4 of the Land Remote Sensing Policy Act of 1992 (Public Law 102–555, 106 Stat. 4166) repealed the Land Remote-Sensing Commercialization Act of 1984 (15 U.S.C. 4201 et seq.). The substantive provisions of the Land Remote Sensing Policy Act of 1992, which replaced the Land Remote-Sensing Commercialization Act of 1984, were classified to the United States Code at 15 U.S.C. 5601 et seq.
References in Text
The Communications Act of 1934, referred to in subsec. (b)(1), is act June 19, 1934, ch. 652, 48 Stat. 1064, as amended, which is classified principally to section 151 et seq. of Title 47, Telegraphs, Telephones, and Radiotelegraphs. For complete classification of this Act to the Code, see section 609 of Title 47 and Tables.
The Land Remote Sensing Policy Act of 1992, referred to in subsec. (b)(2), is Pub. L. 102–555, Oct. 28, 1992, 106 Stat. 4163, which is classified principally to chapter 82 (§5601 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 5601 of Title 15 and Tables.
The Foreign Trade Zones Act, referred to in subsec. (f), is act June 18, 1934, ch. 590, 48 Stat. 998, as amended, which is classified generally to chapter 1A (§81a et seq.) of Title 19, Customs Duties. For complete classification of this Act to the Code, see Tables.
Amendments
1998—Subsec. (a). Pub. L. 105–303, §102(a)(15)(A), inserted “or reentry site, or to reenter a reentry vehicle” after “operate a launch site”.
Subsec. (d). Pub. L. 105–303, §102(a)(15)(B), inserted “or reentry” after “approval of a space launch”.
Subsec. (f). Pub. L. 105–303, §102(a)(15)(C), amended heading and text of subsec. (f) generally. Prior to amendment, text read as follows: “A launch vehicle or payload that is launched is not, because of the launch, an export for purposes of a law controlling exports.”
Subsec. (g)(1). Pub. L. 105–303, §102(a)(15)(D)(i), substituted “reentry, operation of a launch vehicle or reentry vehicle, operation of a launch site or reentry site,” for “operation of a launch vehicle or launch site,”.
Subsec. (g)(2). Pub. L. 105–303, §102(a)(15)(D)(ii), inserted “reentry,” after “launch,”.
1996—Subsec. (b)(2). Pub. L. 104–287 substituted “Land Remote Sensing Policy Act of 1992 (15 U.S.C. 5601 et seq.)” for “Land Remote-Sensing Commercialization Act of 1984 (15 U.S.C. 4201 et seq.)”.
§70118. User fees
The Secretary of Transportation may collect a user fee for a regulatory or other service conducted under this chapter only if specifically authorized by this chapter.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1342.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70118 | 49 App.:2623 (last sentence). | Oct. 30, 1984, Pub. L. 98–575, §24 (last sentence), 98 Stat. 3064; Dec. 5, 1985, Pub. L. 99–170, §301, 99 Stat. 1018; Oct. 30, 1987, Pub. L. 100–147, §120, 101 Stat. 868; Nov. 17, 1988, Pub. L. 100–685, §213, 102 Stat. 4093; Nov. 16, 1990, Pub. L. 101–611, §117(a), 104 Stat. 3202; restated Dec. 9, 1991, Pub. L. 102–195, §13, 105 Stat. 1613; Nov. 4, 1992, Pub. L. 102–588, §211, 106 Stat. 5115. |
§70119. Office of Commercial Space Transportation
There are authorized to be appropriated to the Secretary of Transportation for the activities of the Office of the Associate Administrator for Commercial Space Transportation—
(1) $11,941,000 for fiscal year 2005;
(2) $12,299,000 for fiscal year 2006;
(3) $12,668,000 for fiscal year 2007;
(4) $13,048,000 for fiscal year 2008; and
(5) $13,440,000 for fiscal year 2009.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1343; Pub. L. 105–303, title I, §102(b), Oct. 28, 1998, 112 Stat. 2851; Pub. L. 106–405, §3(a), Nov. 1, 2000, 114 Stat. 1752; Pub. L. 108–360, title III, §301, Oct. 25, 2004, 118 Stat. 1680.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70119 | 49 App.:2623 (less last sentence). | Oct. 30, 1984, Pub. L. 98–575, §24 (less last sentence), 98 Stat. 3064; Dec. 5, 1985, Pub. L. 99–170, §301, 99 Stat. 1018; Oct. 30, 1987, Pub. L. 100–147, §120, 101 Stat. 868; Nov. 17, 1988, Pub. L. 100–685, §213, 102 Stat. 4093; Nov. 16, 1990, Pub. L. 101–611, §117(a), 104 Stat. 3202; restated Dec. 9, 1991, Pub. L. 102–195, §13, 105 Stat. 1613; Nov. 4, 1992, Pub. L. 102–588, §211, 106 Stat. 5115. |
In this section, the amendment by section 211 of the National Aeronautics and Space Administration Authorization Act, Fiscal Year 1993 (Pub. L. 102–588, 106 Stat. 5115) was executed to carry out the probable intent of Congress by omitting the period after “1993”.
As to the applicability of section 219 of the Act (Pub. L. 102–588, 106 Stat. 5118) to amounts authorized by this section for fiscal year 1993, see section 6(b) of the bill.
Amendments
2004—Pars. (1) to (5). Pub. L. 108–360 added pars. (1) to (5) and struck out former pars. (1) and (2) which read as follows:
“(1) $12,607,000 for fiscal year 2001; and
“(2) $16,478,000 for fiscal year 2002.”
2000—Pub. L. 106–405 amended section catchline and text generally. Prior to amendment, text read as follows: “There are authorized to be appropriated to the Secretary of Transportation for the activities of the Office of the Associate Administrator for Commercial Space Transportation—
“(1) $6,275,000 for the fiscal year ending September 30, 1999; and
“(2) $6,600,000 for the fiscal year ending September 30, 2000.”
1998—Pub. L. 105–303 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: “The following amounts may be appropriated to the Secretary of Transportation for the fiscal year ending September 30, 1993:
“(1) $4,900,000 to carry out this chapter.
“(2) $20,000,000 for a program to ensure the resiliency of the space launch infrastructure of the United States if a law is enacted to establish that program in the Department of Transportation.”
§70120. Regulations
(a)
(1) guidelines for industry and State governments to obtain sufficient insurance coverage for potential damages to third parties;
(2) procedures for requesting and obtaining licenses to launch a commercial launch vehicle;
(3) procedures for requesting and obtaining operator licenses for launch;
(4) procedures for requesting and obtaining launch site operator licenses; and
(5) procedures for the application of government indemnification.
(b)
(1) procedures for requesting and obtaining licenses to reenter a reentry vehicle;
(2) procedures for requesting and obtaining operator licenses for reentry; and
(3) procedures for requesting and obtaining reentry site operator licenses.
(c)
(2)(A) Starting 3 years after the date of enactment of the Commercial Space Launch Amendments Act of 2004, the Secretary may issue final regulations changing the definition of suborbital rocket under this chapter. No such regulation may take effect until 180 days after the Secretary has submitted the regulation to the Congress.
(B) The Secretary may issue regulations under this paragraph only if the Secretary has determined that the definition in section 70102 does not describe, or will not continue to describe, all appropriate vehicles and only those vehicles. In making that determination, the Secretary shall take into account the evolving nature of the commercial space launch industry.
(d)
(2) As soon as practicable after the date of enactment of the Commercial Space Launch Amendments Act of 2004, the Secretary shall issue guidelines or advisory circulars to guide the implementation of that Act until regulations are issued.
(3) Notwithstanding paragraphs (1) and (2), no licenses for the launch or reentry of launch vehicles or reentry vehicles with human beings on board or permits may be issued starting three years after the date of enactment of the Commercial Space Launch Amendments Act of 2004 unless the final regulations described in subsection (c) have been issued.
(Added Pub. L. 105–303, title I, §102(a)(16), Oct. 28, 1998, 112 Stat. 2850; amended Pub. L. 108–492, §2(c)(25), Dec. 23, 2004, 118 Stat. 3981.)
References in Text
The date of the enactment of this section, referred to in subsecs. (a) and (b), is the date of enactment of Pub. L. 105–303, which was approved Oct. 28, 1998.
The Commercial Space Launch Amendments Act of 2004, referred to in subsecs. (c) and (d), is Pub. L. 108–492, Dec. 23, 2004, 118 Stat. 3974, which was approved Dec. 23, 2004. For complete classification of this Act to the Code, see Short Title of 2004 Amendment note set out under section 70101 of this title and Tables.
Amendments
2004—Subsecs. (c), (d). Pub. L. 108–492 added subsecs. (c) and (d).
§70121. Report to Congress
The Secretary of Transportation shall submit to Congress an annual report to accompany the President's budget request that—
(1) describes all activities undertaken under this chapter, including a description of the process for the application for and approval of licenses under this chapter and recommendations for legislation that may further commercial launches and reentries; and
(2) reviews the performance of the regulatory activities and the effectiveness of the Office of Commercial Space Transportation.
(Added Pub. L. 105–303, title I, §102(a)(16), Oct. 28, 1998, 112 Stat. 2851.)
CHAPTER 703—SPACE TRANSPORTATION INFRASTRUCTURE MATCHING GRANTS
§70301. Definitions
In this chapter—
(1) the definitions in section 502 of the National Aeronautics and Space Administration Authorization Act, Fiscal Year 1993 (15 U.S.C. 5802) apply.
(2) “commercial space transportation infrastructure development” includes—
(A) construction, improvement, design, and engineering of space transportation infrastructure in the United States; and
(B) technical studies to define how new or enhanced space transportation infrastructure can best meet the needs of the United States commercial space transportation industry.
(3) “project” means a project (or separate projects submitted together) to carry out commercial space transportation infrastructure development, including the combined submission of all projects to be undertaken at a particular site in a fiscal year.
(4) “project grant” means a grant of an amount by the Secretary of Transportation to a sponsor for one or more projects.
(5) “public agency” means a State or an agency of a State, a political subdivision of a State, or a tax-supported organization.
(6) “sponsor” means a public agency that, individually or jointly with one or more other public agencies, submits to the Secretary under this chapter an application for a project grant.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1343.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70301 | 15:5804(a). | Nov. 4, 1992, Pub. L. 102–588, §505(a), 106 Stat. 5124. |
Clause (1) is added to incorporate the definitions in 15:5802.
In clause (2), the word “includes” is substituted for “may include” for consistency in the revised title and with other titles of the United States Code.
In clause (5), the words “municipality or other” are omitted for consistency.
The text of 15:5804(5) is omitted as unnecessary because the complete name of the Secretary of Transportation is used the first time the term appears in a section.
§70302. Grant authority
(a)
(b)
(1) at least 10 percent of the total cost of the project will be paid by the private sector; and
(2) the grant will not be for more than 50 percent of the total cost of the project.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1343.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70302(a) | 15:5804(b) (1st sentence). | Nov. 4, 1992, Pub. L. 102–588, §505(b) (1st sentence), (f), 106 Stat. 5125, 5127. |
| 70302(b) | 15:5804(f). |
In subsection (a), the words “of the United States” are substituted for “Nation's” for consistency.
§70303. Grant applications
(a)
(b)
(A) the contribution of the project to industry capabilities that serve the United States Government's space transportation needs;
(B) the extent of industry's financial contribution to the project;
(C) the extent of industry's participation in the project;
(D) the positive impact of the project on the international competitiveness of the United States space transportation industry;
(E) the extent of State contributions to the project; and
(F) the impact of the project on launch operations and other activities at Government launch ranges.
(2) The Secretary of Transportation shall consult with the Secretary of Defense, the Administrator of the National Space and Aeronautics Administration, and the heads of other appropriate agencies of the Government about paragraph (1)(A) and (F) of this subsection.
(c)
(1) the project will contribute to the purposes of this chapter;
(2) the project is reasonably consistent with plans (existing at the time of approval of the project) of public agencies that are—
(A) authorized by the State in which the project is located; and
(B) responsible for the development of the area surrounding the project site;
(3) if the application proposes to use Government property, the specific consent of the head of the appropriate agency has been obtained;
(4) the project will be completed without unreasonable delay;
(5) the sponsor submitting the application has the legal authority to engage in the project; and
(6) any additional requirements prescribed by the Secretary have been met.
(d)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1344.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70303(a) | 15:5804(d)(1). | Nov. 4, 1992, Pub. L. 102–588, §505(c), (d), 106 Stat. 5125. |
| 70303(b)(1) | 15:5804(c)(1). | |
| 70303(b)(2) | 15:5804(c)(2). | |
| 70303(c) | 15:5804(d)(2). | |
| 70303(d) | 15:5804(c)(3). |
In subsection (a), the words “for one or more projects” are omitted as unnecessary because of the definition of “project” in section 70301 of the revised title.
In subsection (c)(5), the words “as proposed” are omitted as surplus.
§70304. Environmental requirements
(a)
(b)
(c)
(2) The Secretary of Transportation shall condition the approval of an application on compliance with applicable air and water quality standards during construction and operation.
(d)
(1) section 303 of this title;
(2) title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.);
(3) title VIII of the Act of April 11, 1968 (42 U.S.C. 3601 et seq.);
(4) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
(5) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.).
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1344.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70304 | 15:5804(e). | Nov. 4, 1992, Pub. L. 102–588, §505(e), 106 Stat. 5126. |
In subsection (a), the words “policy of the United States” are substituted for “national policy”, and the words “of the United States” are substituted for “of the Nation”, for consistency. The words “included in a project grant application” and “full and” are omitted as surplus.
In subsection (b), the words “of objectives” are omitted as surplus.
In subsection (c), the words “chief executive officer” are substituted for “Governor” for consistency in the revised title and because the word “State” includes the territories and possessions of the United States.
In subsection (d), before clause (1), the words “in connection with any project”, “imposed on such sponsor under this section in connection with such project”, and “or discharge” are omitted as surplus. The words “laws and regulations” are substituted for “statutory and administrative requirements” for consistency in the revised title.
References in Text
The Civil Rights Act of 1964, referred to in subsec. (d)(2), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the Act is classified to subchapter V (§2000d et seq.) of chapter 21 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of Title 42 and Tables.
Title VIII of the Act of April 11, 1968, referred to in subsec. (d)(3), is title VIII of Pub. L. 90–284, Apr. 11, 1968, 82 Stat. 81, as amended, known as the Fair Housing Act, which is classified principally to subchapter I (§3601 et seq.) of chapter 45 of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 3601 of Title 42 and Tables.
The National Environmental Policy Act of 1969, referred to in subsec. (d)(4), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, as amended, which is classified generally to chapter 55 (§4321 et seq.) of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, referred to in subsec. (d)(5), is Pub. L. 91–646, Jan. 2, 1971, 84 Stat. 1894, as amended, which is classified principally to chapter 61 (§4601 et seq.) of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 4601 of Title 42 and Tables.
§70305. Authorization of appropriations
Not more than $10,000,000 may be appropriated to the Secretary of Transportation to make grants under this chapter. Amounts appropriated under this section remain available until expended.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1345.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 70305 | 15:5804(b) (2d, last sentences). | Nov. 4, 1992, Pub. L. 102–588, §505(b) (2d, last sentences), 106 Stat. 5125. |
SUBTITLE X—MISCELLANEOUS
CHAPTER 801—BILLS OF LADING
Amendments
1994—Pub. L. 103–429, §6(79), Oct. 31, 1994, 108 Stat. 4388, made technical amendment to chapter heading.
§80101. Definitions
In this chapter—
(1) “consignee” means the person named in a bill of lading as the person to whom the goods are to be delivered.
(2) “consignor” means the person named in a bill of lading as the person from whom the goods have been received for shipment.
(3) “goods” means merchandise or personal property that has been, is being, or will be transported.
(4) “holder” means a person having possession of, and a property right in, a bill of lading.
(5) “order” means an order by indorsement on a bill of lading.
(6) “purchase” includes taking by mortgage or pledge.
(7) “State” means a State of the United States, the District of Columbia, and a territory or possession of the United States.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1346.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 80101 | 49 App.:122. | Aug. 29, 1916, ch. 415, §42, 39 Stat. 545. |
In this chapter, the words “negotiable bill of lading” are substituted for “order bill”, and the words “nonnegotiable bill of lading” are substituted for “straight bill”, for clarity and consistency in the revised title and with other titles of the United States Code.
In this section, before clause (1), the words “unless the context of subject matter otherwise requires” are omitted as unnecessary because of the restatement. The words “ ‘Action’ includes counterclaim, set-off, and suit in equity” are omitted as unnecessary. The words “ ‘Bill’ means bill of lading, governed by this chapter” are omitted because of section 80102 of the revised title. In clauses (1), (2), and (4), the words “ ‘Person’ includes a corporation or partnership, or two or more persons having a joint or common interest” are omitted because of 1:1. In clause (3), the words “personal property” are substituted for “chattels” for clarity and consistency. The words “is being” are substituted for “in course of” for clarity. In clause (7), the words “ ‘State’ means a State of the United States” are substituted for “ ‘State’ includes” for clarity and consistency in the revised title and with other titles of the Code. The word “possession” is substituted for “insular possession, or isthmian possession” for consistency in the revised title.
§80102. Application
This chapter applies to a bill of lading when the bill is issued by a common carrier for the transportation of goods—
(1) between a place in the District of Columbia and another place in the District of Columbia;
(2) between a place in a territory or possession of the United States and another place in the same territory or possession;
(3) between a place in a State and a place in another State;
(4) between a place in a State and a place in the same State through another State or a foreign country; or
(5) from a place in a State to a place in a foreign country.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1346.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 80102 | 49 App.:81. | Aug. 29, 1916, ch. 415, §1, 39 Stat. 538. |
In this chapter, the words “common carrier” are substituted for “carrier” because the source provisions restated in this section provide that this chapter applies to bills of lading issued by common carriers.
In clause (2), the words “territory or possession” are substituted for “Territory” for consistency in the revised title and with other titles of the United States Code.
§80103. Negotiable and nonnegotiable bills
(a)
(A) states that the goods are to be delivered to the order of a consignee; and
(B) does not contain on its face an agreement with the shipper that the bill is not negotiable.
(2) Inserting in a negotiable bill of lading the name of a person to be notified of the arrival of the goods—
(A) does not limit its negotiability; and
(B) is not notice to the purchaser of the goods of a right the named person has to the goods.
(b)
(A) make the bill negotiable; or
(B) give the transferee any additional right.
(2) A common carrier issuing a nonnegotiable bill of lading must put “nonnegotiable” or “not negotiable” on the bill. This paragraph does not apply to an informal memorandum or acknowledgment.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1346.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 80103(a)(1) | 49 App.:83. | Aug. 29, 1916, ch. 415, §§2, 3, 6, 7, 29 (last sentence), 39 Stat. 539, 543. |
| 80103(a)(2) | 49 App.:87. | |
| 80103(b)(1) | 49 App.:82. | |
| 49 App.:109 (last sentence). | ||
| 80103(b)(2) | 49 App.:86. |
In subsection (a)(1), the words “A bill of lading is negotiable if . . . states that the goods are to be delivered to the order of a consignee” are substituted for “A bill in which it is stated that the goods are consigned or destined to the order of any person named in such bill is an order bill” for clarity and consistency in the revised title and with other titles of the United States Code. The words “does not contain on its face an agreement with the shipper that the bill is not negotiable” are substituted for 49 App.:83 (last sentence) for clarity and to eliminate unnecessary words.
In subsection (a)(2)(B), the words “right the named person has” are substituted for “rights or equities of such person” for clarity.
In subsection (b)(1), before clause (A), the words “A bill of lading is nonnegotiable if” are substituted for “A bill in which . . . is a straight bill” in 49 App.:82 for consistency in the revised title and with other titles of the Code. The words “free from existing equities” in 49 App.:109 (last sentence) are omitted as surplus.
§80104. Form and requirements for negotiation
(a)
(2) A negotiable bill of lading may be negotiated by delivery when the common carrier, under the terms of the bill, undertakes to deliver the goods to the order of a specified person and that person or a subsequent indorsee has indorsed the bill in blank.
(3) A negotiable bill of lading may be negotiated by a person possessing the bill, regardless of the way in which the person got possession, if—
(A) a common carrier, under the terms of the bill, undertakes to deliver the goods to that person; or
(B) when the bill is negotiated, it is in a form that allows it to be negotiated by delivery.
(b)
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1347.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 80104(a)(1) | 49 App.:108. | Aug. 29, 1916, ch. 415, §§27, 28, 30, 37, 38, 39 Stat. 542, 543, 544. |
| 80104(a)(2) | 49 App.:107. | |
| 80104(a)(3) | 49 App.:110. | |
| 80104(b) | 49 App.:117. | |
| 80104(c) | 49 App.:118. |
In subsection (a)(1), the words “If the goods are deliverable to the order of a specified person” are substituted for “the person to whose order the goods are deliverable by the tenor of the bill” for clarity. The text of 49 App.:108 (last sentence) is omitted as unnecessary because of the restatement.
§80105. Title and rights affected by negotiation
(a)
(1) the person to whom it is negotiated acquires the title to the goods that—
(A) the person negotiating the bill had the ability to convey to a purchaser in good faith for value; and
(B) the consignor and consignee had the ability to convey to such a purchaser; and
(2) the common carrier issuing the bill becomes obligated directly to the person to whom the bill is negotiated to hold possession of the goods under the terms of the bill the same as if the carrier had issued the bill to that person.
(b)
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1347.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 80105(a) | 49 App.:111. | Aug. 29, 1916, ch. 415, §§31, 39, 40, 39 Stat. 543, 544. |
| 80105(b) | 49 App.:119. | |
| 80105(c) | 49 App.:120. |
In subsection (a)(1), before subclause (A), the word “duly” is omitted as surplus.
In subsection (b), the words “right . . . is superior” are substituted for “no . . . shall defeat the rights of” for clarity. The words “right to stop the transportation” are substituted for “right of stoppage in transitu” for clarity.
In subsection (c), the word “remedies” is omitted as being included in “right”. The words “whose mortgage or lien on goods would be valid, apart from this chapter” are omitted as unnecessary because of the restatement. The words “which are subject to the mortgage or lien” are omitted as unnecessary.
§80106. Transfer without negotiation
(a)
(b)
(c)
(A) garnishment, attachment, or execution on the goods by a creditor of the transferor; or
(B) notice to the carrier by the transferor or a purchaser from the transferor of a later purchase of the goods from the transferor.
(2) A common carrier has been notified under this subsection only if—
(A) an officer or agent of the carrier, whose actual or apparent authority includes acting on the notification, has been notified; and
(B) the officer or agent has had time, exercising reasonable diligence, to communicate with the agent having possession or control of the goods.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1348.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 80106(a) | 49 App.:109 (1st sentence). | Aug. 29, 1916, ch. 415, §§29 (1st sentence), 32, 33, 39 Stat. 543. |
| 49 App.:112 (1st sentence). | ||
| 80106(b) | 49 App.:113. | |
| 80106(c) | 49 App.:112 (2d–last sentences). |
In subsection (a), the words “without negotiating it” are added for clarity.
In subsection (b), the text of 49 App.:113 (last sentence) is omitted as unnecessary because of the words “the transferee may compel the transferor”.
In subsection (c)(1), before clause (A), the words “also acquires the right to notify” and “by the transferor or transferee of a straight bill” are omitted as unnecessary because of the restatement.
§80107. Warranties and liability
(a)
(1) the bill is genuine;
(2) the person has the right to transfer the bill and the title to the goods described in the bill;
(3) the person does not know of a fact that would affect the validity or worth of the bill; and
(4) the goods are merchantable or fit for a particular purpose when merchantability or fitness would have been implied if the agreement of the parties had been to transfer the goods without a bill of lading.
(b)
(1) the genuineness of the bill; or
(2) the quantity or quality of the goods described in the bill.
(c)
(d)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1349.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 80107(a) | 49 App.:114. | Aug. 29, 1916, ch. 415, §§15, 34–36, 39 Stat. 541, 543. |
| 80107(b) | 49 App.:116. | |
| 80107(c) | 49 App.:95. | |
| 80107(d) | 49 App.:115. |
In subsection (a), before clause (1), the words “by indorsement or delivery” are omitted as surplus. In clause (4), the words “merchantability or fitness” are substituted for “such warranties”, and the words “the goods without a bill of lading” are substituted for “without a bill the goods represented thereby”, for clarity.
In subsection (b), before clause (1), the words “person holding” are substituted for “mortgagee or pledgee or other holder” because they are inclusive. The words “from another person” are substituted for “whether from a party to a draft drawn for such debt or from any other person” to eliminate unnecessary words. The words “does not warrant by the demand or receipt” are substituted for “shall not be deemed by so doing to represent or warrant” for clarity.
In subsection (c), the words “A common carrier issuing . . . is liable” are substituted for “plainly shall impose upon the carrier issuing the same the liability” for clarity and to eliminate unnecessary words. The words “The carrier is not otherwise liable under the bill” are substituted for “but no other liability” for clarity.
In subsection (d), the word “respective” is omitted as unnecessary.
§80108. Alterations and additions
An alteration or addition to a bill of lading after its issuance by a common carrier, without authorization from the carrier in writing or noted on the bill, is void. However, the original terms of the bill are enforceable.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1349.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 80108 | 49 App.:93. | Aug. 29, 1916, ch. 415, §13, 39 Stat. 540. |
The word “erasure” is omitted as being included in “alteration”. The words “whatever be the nature and purpose of the change” are omitted as surplus. The word “terms” is substituted for “tenor” for clarity.
§80109. Liens under negotiable bills
A common carrier issuing a negotiable bill of lading has a lien on the goods covered by the bill for—
(1) charges for storage, transportation, and delivery (including demurrage and terminal charges), and expenses necessary to preserve the goods or incidental to transporting the goods after the date of the bill; and
(2) other charges for which the bill expressly specifies a lien is claimed to the extent the charges are allowed by law and the agreement between the consignor and carrier.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1349.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 80109 | 49 App.:105. | Aug. 29, 1916, ch. 415, §25, 39 Stat. 542. |
In this section, before clause (1), the word “If” is omitted as surplus. The words “covered by the bill” are substituted for “therein mentioned” for clarity. In clause (1), the words “charges for storage, transportation, and delivery (including demurrage and terminal charges)” are substituted for “all charges on those goods for freight, storage, demurrage and terminal charges . . . and all other charges incurred in transportation and delivery” as being inclusive and to conform to section 7–307 of the Uniform Commercial Code. In clause (2), the words “other charges for which the bill expressly specifies a lien” are substituted for “unless the bill expressly enumerates other charges for which a lien . . . In such case there shall also be a lien for the charges enumerated” for clarity.
§80110. Duty to deliver goods
(a)
(1) offers in good faith to satisfy the lien of the carrier on the goods;
(2) has possession of the bill and, if a negotiable bill, offers to indorse and give the bill to the carrier; and
(3) agrees to sign, on delivery of the goods, a receipt for delivery if requested by the carrier.
(b)
(1) a person entitled to their possession;
(2) the consignee named in a nonnegotiable bill; or
(3) a person in possession of a negotiable bill if—
(A) the goods are deliverable to the order of that person; or
(B) the bill has been indorsed to that person or in blank by the consignee or another indorsee.
(c)
(1) a transfer made by the consignor or consignee after the shipment; or
(2) the carrier's lien.
(d)
(e)
(1) bring a civil action to interplead all known claimants to the goods; or
(2) require those claimants to interplead as a defense in an action brought against the carrier for nondelivery.
(f)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1349.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 80110(a) | 49 App.:88. | Aug. 29, 1916, ch. 415, §§8, 9, 16–19, 39 Stat. 539, 541. |
| 80110(b) | 49 App.:89. | |
| 80110(c) | 49 App.:96. | |
| 80110(d) | 49 App.:98. | |
| 80110(e) | 49 App.:97. | |
| 80110(f) | 49 App.:99. |
In subsection (a), before clause (1), the words “Except to the extent a common carrier establishes an excuse provided by law” are substituted for “in the absence of some lawful excuse” and “In case the carrier refuses or fails to deliver the goods, in compliance with a demand by the consignee or holder so accompanied, the burden shall be upon the carrier to establish the existence of a lawful excuse for such refusal or failure” for clarity and to eliminate unnecessary words. The word “must” is substituted for “is bound to” for clarity. The words “if such a demand is accompanied by” are omitted as unnecessary because of the restatement. In clause (1), the word “lawful” is omitted as unnecessary because of the restatement. In clause (2), the word “properly” is omitted as surplus. In clause (3), the word “agrees” is substituted for “A readiness and willingness” for clarity. The word “receipt” is substituted for “acknowledgment” for consistency. The words “if such signature” are omitted as unnecessary.
In subsection (b), before clause (1), the word “may” is substituted for “is justified . . . in” because it is more accurate. In clause (1), the word “entitled” is substituted for “lawfully entitled” to eliminate an unnecessary word. In clause (3), before subclause (A), the word “if” is substituted for “by the terms of which” for clarity. In subclause (B), the words “another indorsee” are substituted for “by the mediate or immediate indorsee of the consignee” as being inclusive.
In subsection (c), before clause (1), the words “for his own benefit” are omitted as surplus. The words “nondelivery of” are substituted for “refusing to deliver” because they are more accurate. The words “according to the terms of a bill issued for them” are omitted as unnecessary. In clause (1), the words “directly or indirectly” are omitted as unnecessary.
In subsection (d), the word “person” is substituted for “someone” for consistency in this chapter. The words “claims title” are substituted for “has a claim to the title” for consistency. The words “is not required to” are substituted for “shall be excused from liability for refusing to” for clarity. The words “any claimant” are substituted for “either to the consignee or person in possession of the bill or to the adverse claimant” to eliminate unnecessary words. The words “civil action” are substituted for “legal proceedings” for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.).
In subsection (e), before clause (1), the words “at least 2” are substituted for “more than one” for consistency in the revised title and with other titles of the United States Code. In clause (1), the words “civil action” are substituted for “an original suit” for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). The words “whichever is appropriate” are omitted as unnecessary.
§80111. Liability for delivery of goods
(a)
(1) the carrier delivers the goods to a person not entitled to their possession unless the delivery is authorized under section 80110(b)(2) or (3) of this title;
(2) the carrier makes a delivery under section 80110(b)(2) or (3) of this title after being requested by or for a person having title to, or right to possession of, the goods not to make the delivery; or
(3) at the time of delivery under section 80110(b)(2) or (3) of this title, the carrier has information it is delivering the goods to a person not entitled to their possession.
(b)
(1) an officer or agent of the carrier, whose actual or apparent authority includes acting on the request or information, has been given the request or information; and
(2) the officer or agent has had time, exercising reasonable diligence, to stop delivery of the goods.
(c)
(d)
(1) a delivery described in subsection (c) of this section was compelled by legal process;
(2) the goods have been sold lawfully to satisfy the carrier's lien;
(3) the goods have not been claimed; or
(4) the goods are perishable or hazardous.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1350.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 80111(a) | 49 App.:90 (less last par.). | Aug. 29, 1916, ch. 415, §§10–12, 26, 39 Stat. 540, 542. |
| 80111(b) | 49 App.:90 (last par.). | |
| 80111(c) | 49 App.:91 (words after 2d comma). | |
| 49 App.:92 (words after 2d comma). | ||
| 80111(d) | 49 App.:91 (words before 2d comma). | |
| 49 App.:92 (words before 2d comma). | ||
| 49 App.:106. |
In subsection (a), before clause (1), the word “title” is substituted for “right of property” for consistency in this chapter.
In subsection (c), the words “negotiable bill of lading” are substituted for “order bill . . . the negotiation of which would transfer the right to the possession of the goods” in 49 App.:91 for consistency in this chapter.
§80112. Liability under negotiable bills issued in parts, sets, or duplicates
(a)
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1351.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 80112(a) | 49 App.:84. | Aug. 29, 1916, ch. 415, §§4, 5, 39 Stat. 539. |
| 80112(b) | 49 App.:85. |
In this section, the words “48 contiguous States or the District of Columbia” are substituted for “United States on the Continent of North America, except Alaska and Panama” and the text of 49 App.:84 (proviso) and 85 (proviso) for clarity.
In subsection (a), the words “If so issued” and “described therein” are omitted as surplus. The word “occurred” is added for clarity.
§80113. Liability for nonreceipt, misdescription, and improper loading
(a)
(b)
(1) when the goods are loaded by the shipper;
(2) when the bill—
(A) describes the goods in terms of marks or labels, or in a statement about kind, quantity, or condition; or
(B) is qualified by “contents or condition of contents of packages unknown”, “said to contain”, “shipper's weight, load, and count”, or words of the same meaning; and
(3) to the extent the carrier does not know whether any part of the goods were received or conform to the description.
(c)
(1) the shipper loads the goods; and
(2) the bill contains the words “shipper's weight, load, and count”, or words of the same meaning indicating the shipper loaded the goods.
(d)
(2) When goods are loaded by a common carrier, the carrier must count the packages of goods, if package freight, and determine the kind and quantity, if bulk freight. In that situation, inserting in the bill of lading or in a notice, receipt, contract, rule, or tariff, the words “shipper's weight, load, and count” or words indicating that the shipper described and loaded the goods, has no effect except for freight concealed by packages.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1351.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 80113(a) | 49 App.:102. | Aug. 29, 1916, ch. 415, §22, 39 Stat. 542; restated Mar. 4, 1927, ch. 510, §6, 44 Stat. 1450. |
| 80113(b) | 49 App.:101 (1st sentence). | Aug. 29, 1916, ch. 415, §§20, 21, 39 Stat. 541. |
| 80113(c) | 49 App.:101 (last sentence words before proviso). | |
| 80113(d)(1) | 49 App.:101 (last sentence proviso). | |
| 80113(d)(2) | 49 App.:100. |
In subsection (a), the words “a common carrier issuing a bill of lading” are substituted for “If a bill of lading has been issued by a carrier or on his behalf by an agent or employee the scope of whose actual or apparent authority includes the receiving of goods and issuing bills of lading therefor for transportation in commerce among the several States and with foreign nations” to eliminate unnecessary words and for consistency with section 80102 of the revised title. The words “at the time of its issue” are omitted as surplus.
In subsection (b), before clause (1), the words “A common carrier issuing a bill of lading is not liable under subsection (a) of this section” are substituted for “such statements, if true, shall not make liable the carrier issuing the bill of lading” for clarity. In clause (1), the word “goods” is substituted for “package freight or bulk freight” for consistency in this chapter. In clause (2)(B), the quoted words are placed in quotation marks for consistency and to conform to section 7–301 of the Uniform Commercial Code. The words “ ‘shipper's weight, load, and count’ ” are added for consistency in this section.
In subsection (d)(1), the words “makes available to the common carrier adequate facilities for weighing the freight” are substituted for “installs and maintains adequate facilities for weighing such freight, and the same are available to the carrier . . . when given a reasonable opportunity so to do” to eliminate unnecessary words. The words “In that situation, inserting the words ‘shipper's weight’ or other words of the same meaning in the bill of lading has no effect” are substituted for “and the carriers shall not in such cases insert in the bill of lading the words ‘Shipper's weight’, or other words of like purport, and if so inserted contrary to the provisions of this section, said words shall be treated as null and void and as if not inserted therein” for clarity and to eliminate unnecessary words.
In subsection (d)(2), the words “and such carrier shall not, in such cases” are omitted as surplus. The words “In that situation . . . has no effect” are substituted for 49 App.:100 (last sentence) for clarity and to eliminate unnecessary words. The words “except for freight concealed by packages” are substituted for “or in case of bulk freight and freight not concealed by packages the description made by him” for clarity and to eliminate unnecessary words.
§80114. Lost, stolen, and destroyed negotiable bills
(a)
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1352.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 80114(a) | 49 App.:94 (1st par.). | Aug. 29, 1916, ch. 415, §14, 39 Stat. 540. |
| 80114(b) | 49 App.:94 (last par.). |
In subsection (a), the word “If” is substituted for “Where” for clarity. The words “upon satisfactory proof of such loss, theft, or destruction” are omitted as unnecessary. The words “if the person claiming the goods gives a surety bond” are substituted for “and upon the giving of a bond, with sufficient surety” to clarify the condition precedent to court approval of delivery. The words “in an amount” are added for clarity. The word “indemnify” is substituted for “protect” because it is more accurate. The words “against liability under the outstanding original bill” are substituted for “from any liability or loss incurred by reason of the original bill remaining outstanding” for clarity. The words “surety bond” are substituted for “indemnifying bond” for consistency in this section.
§80115. Limitation on use of judicial process to obtain possession of goods from common carriers
(a)
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1353.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 80115(a) | 49 App.:103 (1st sentence). | Aug. 29, 1916, ch. 415, §23, 39 Stat. 542. |
| 80115(b) | 49 App.:103 (last sentence). |
In subsection (a), the words “Except when a negotiable bill of lading was issued originally on delivery of goods by a person that did not have the power to dispose of the goods, goods . . . may be attached . . . only if” are substituted for “If goods are delivered to a carrier by the owner or by a person whose act in conveying the title to them to a purchaser for value in good faith would bind the owner . . . they can not thereafter . . . be attached . . . unless” to restate the source provision as an exception to conform to section 7–602 of the Uniform Commercial Code. The words “through judicial process” are substituted for “by garnishment or otherwise”, and the words “levied on in execution of a judgment” are substituted for “levied upon under an execution”, for clarity.
§80116. Criminal penalty
A person shall be fined under title 18, imprisoned for not more than 5 years, or both, if the person—
(1) violates this chapter with intent to defraud; or
(2) knowingly or with intent to defraud—
(A) falsely makes, alters, or copies a bill of lading subject to this chapter;
(B) utters, publishes, or issues a falsely made, altered, or copied bill subject to this chapter; or
(C) negotiates or transfers for value a bill containing a false statement.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1353.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 80116 | 49 App.:121. | Aug. 29, 1916, ch. 415, §41, 39 Stat. 544. |
In this section, before clause (1), the words “fined under title 18” are substituted for “a fine not exceeding $5,000”, and the words “shall be guilty of a misdemeanor” are omitted, for consistency with title 18. The words “upon conviction . . . punished for each offense” are omitted as unnecessary because of the restatement. Clause (1) is substituted for “or who, with intent to defraud, violates, or fails to comply with, or aids in any violation of, or failure to comply with any provision of this chapter” for clarity and because of 18:2. In clause (2)(A), the words “forges, counterfeits” are omitted as being included in “makes”. The word “copies” is substituted for “prints or photographs” for clarity. The words “bill of lading subject to this chapter” are substituted for “bill of lading purporting to represent goods received for shipment among the several States or with foreign nations” for clarity and for consistency with section 80102 of the revised title. Clause (2)(B) is substituted for “utters or publishes as true and genuine any such falsely altered, forged, counterfeited, falsely printed or photographed bill of lading . . . or issues” to eliminate unnecessary words and for consistency in this section. The words “knowing it to be falsely altered, forged, counterfeited, falsely printed or photographed” are omitted as unnecessary because of the restatement of the intent required to commit the crime. The words “or aids in making, altering, forging, counterfeiting, printing or photographing, or uttering or publishing the same . . . or aids in issuing or procuring the issue of” are omitted as surplus because of 18:2. The words “as to the receipt of the goods, or as to any other matter” are omitted as unnecessary.
CHAPTER 803—CONTRABAND
§80301. Definitions
In this chapter—
(1) “aircraft” means a contrivance used, or capable of being used, for transportation in the air.
(2) “vehicle” means a contrivance used, or capable of being used, for transportation on, below, or above land, but does not include aircraft.
(3) “vessel” means a contrivance used, or capable of being used, for transportation in water, but does not include aircraft.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1353.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 80301(1) | 49 App.:787(c). | Aug. 9, 1939, ch. 618, §7(a)–(c), 53 Stat. 1292. |
| 80301(2) | 49 App.:787(b). | |
| 80301(3) | 49 App.:787(a). |
In this section, the word “means” is substituted for “includes” as being more precise.
In clause (1), the word “contrivance” is substituted for “every description of craft or carriage or other contrivance” to eliminate unnecessary words.
In clause (2), the word “contrivance” is substituted for “every description of carriage or other contrivance” to eliminate unnecessary words.
In clause (3), the word “contrivance” is substituted for “every description of watercraft or other contrivance” to eliminate unnecessary words.
§80302. Prohibitions
(a)
(1) a narcotic drug (as defined in section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802)), including marihuana (as defined in section 102 of that Act (21 U.S.C. 802)), that—
(A) is possessed with intent to sell or offer for sale in violation of the laws and regulations of the United States;
(B) is acquired, possessed, sold, transferred, or offered for sale in violation of those laws;
(C) is acquired by theft, robbery, or burglary and transported—
(i) in the District of Columbia or a territory or possession of the United States; or
(ii) from a place in a State, the District of Columbia, or a territory or possession of the United States, to a place in another State, the District of Columbia, or a territory or possession; or
(D) does not bear tax-paid internal revenue stamps required by those laws or regulations;
(2) a firearm involved in a violation of chapter 53 of the Internal Revenue Code of 1986 (26 U.S.C. 5801 et seq.);
(3) a forged, altered, or counterfeit—
(A) coin or an obligation or other security of the United States Government (as defined in section 8 of title 18); or
(B) coin, obligation, or other security of the government of a foreign country;
(4) material or equipment used, or intended to be used, in making a coin, obligation, or other security referred to in clause (3) of this subsection;
(5) a cigarette involved in a violation of chapter 114 of title 18 or a regulation prescribed under chapter 114; or
(6)(A) a counterfeit label for a phonorecord, copy of a computer program or computer program documentation or packaging, or copy of a motion picture or other audiovisual work (as defined in section 2318 of title 18);
(B) a phonorecord or copy in violation of section 2319 of title 18;
(C) a fixation of a sound recording or music video of a live musical performance in violation of section 2319A of title 18; or
(D) any good bearing a counterfeit mark (as defined in section 2320 of title 18).
(b)
(1) transport contraband in an aircraft, vehicle, or vessel;
(2) conceal or possess contraband on an aircraft, vehicle, or vessel; or
(3) use an aircraft, vehicle, or vessel to facilitate the transportation, concealment, receipt, possession, purchase, sale, exchange, or giving away of contraband.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1353; Pub. L. 104–153, §13, July 2, 1996, 110 Stat. 1389.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 80302(a)(1) | 49 App.:781(b)(1). | Aug. 9, 1939, ch. 618, §1(b)(1), 53 Stat. 1291; restated Aug. 9, 1950, ch. 655, 64 Stat. 427. |
| 49 App.:787(d). | Aug. 9, 1939, ch. 618, §7(d), 53 Stat. 1293; restated Oct. 27, 1970, Pub. L. 91–513, §1102(r), 84 Stat. 1294. | |
| 80302(a)(2) | 49 App.:781(b)(2). | Aug. 9, 1939, ch. 618, §1(b)(2), (3), 53 Stat. 1291; Nov. 2, 1978, Pub. L. 95–575, §3(a)(1), (2), 92 Stat. 2465. |
| 49 App.:787(e). | Aug. 9, 1939, ch. 618, §7(e), 53 Stat. 1293; Nov. 2, 1978, Pub. L. 95–575, §3(b)(1), 92 Stat. 2465. | |
| 80302(a)(3) | 49 App.:781(b)(3) (words before 1st semicolon). | |
| 49 App.:787(f). | Aug. 9, 1939, ch. 618, §7(f), 53 Stat. 1293; restated Oct. 31, 1951, ch. 655, §55(b), 65 Stat. 729; Nov. 2, 1978, Pub. L. 95–575, §3(b)(2), 92 Stat. 2465. | |
| 80302(a)(4) | 49 App.:781(b)(3) (words after 1st semicolon). | |
| 80302(a)(5) | 49 App.:781(b)(4). | Aug. 9, 1939, ch. 618, 53 Stat. 1291, §§1(b)(4), 7(g); added Nov. 2, 1978, Pub. L. 95–575, §3(a)(3), (b)(3), 92 Stat. 2465. |
| 49 App.:787(g). | ||
| 80302(b) | 49 App.:781(a). | Aug. 9, 1939, ch. 618, §1(a), 53 Stat. 1291. |
In subsection (a)(1)(A) and (B), the words “dealing therewith” are omitted as surplus.
In subsection (a)(1)(A), the words “has been or” are omitted as surplus.
In subsection (a)(1)(C), before subclause (i), the word “transported” is substituted for “carried or transported” to eliminate unnecessary words. In subclause (ii), the words “the Canal Zone” are omitted because of the Panama Canal Treaty of 1977. The words “a place in” are added for consistency in the revised title.
In subsection (a)(2), the words “involved in a violation” are substituted for “with respect to which there has been committed any violation” to eliminate unnecessary words. The text of 49 App.:787(e) is omitted as unnecessary because of the restatement. The National Firearms Act referred to in the source provisions has been repealed and replaced by chapter 53 of the Internal Revenue Code of 1986 (26 U.S.C. 5801 et seq.).
In subsection (a)(3), before subclause (A), the words “falsely made” are omitted as being included in “counterfeit”. In subclause (B), the words “coin, obligation, or other security” are added for clarity.
In subsection (a)(4), the words “equipment used” are substituted for “apparatus, or paraphernalia fitted . . . which shall have been used” to eliminate unnecessary words. The words “coin, obligation, or other security referred to in clause (3) of this subsection” are substituted for “such falsely made, forged, altered, or counterfeit coin or obligation or other security” because of the restatement.
In subsection (a)(5), the text of 49 App.:787(g) is omitted as unnecessary because the term “cigarettes” does not appear in 49 App.: ch. 11 and because the definition of “contraband cigarettes” referred to is part of 18:ch. 114.
In subsection (b), before clause (1), the words “A person may not” are substituted for “It shall be unlawful” for consistency in the revised title. In clause (1), the word “transport” is substituted for “transport, carry, or convey” because it is inclusive. In clause (2), the words “or upon the person of anyone in or upon any vessel, vehicle, or aircraft” are omitted as unnecessary. In clause (3), the word “transportation” is substituted for “transportation, carriage, conveyance” for consistency in this section. The word “barter” is omitted as being included in “exchange”.
Amendments
1996—Subsec. (a)(6). Pub. L. 104–153 added par. (6).
§80303. Seizure and forfeiture
The Secretary of the Treasury or the Governor of Guam or of the Northern Mariana Islands as provided in section 80304 of this title, or, when the violation of this chapter involves contraband described in paragraph (2) or (5) of section 80302(a), the Attorney General or a person authorized by another law to enforce section 80302 of this title, shall seize an aircraft, vehicle, or vessel involved in a violation of section 80302 and place it in the custody of a person designated by the Secretary, the Attorney General, or appropriate Governor, as the case may be. The seized aircraft, vehicle, or vessel shall be forfeited, except when the owner establishes that a person except the owner committed the violation when the aircraft, vehicle, or vessel was in the possession of a person who got possession by violating a criminal law of the United States or a State. However, an aircraft, vehicle, or vessel used by a common carrier to provide transportation for compensation may be forfeited only when—
(1) the owner, conductor, driver, pilot, or other individual in charge of the aircraft or vehicle (except a rail car or engine) consents to, or knows of, the alleged violation when the violation occurs;
(2) the owner of the rail car or engine consents to, or knows of, the alleged violation when the violation occurs; or
(3) the master or owner of the vessel consents to, or knows of, the alleged violation when the violation occurs.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1354; Pub. L. 107–296, title XI, §1112(q), Nov. 25, 2002, 116 Stat. 2278.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 80303 | 49 App.:782. | Aug. 9, 1939, ch. 618, §2, 53 Stat. 1291; Nov. 18, 1988, Pub. L. 100–690, §6076(a), 102 Stat. 4324. |
| 49 App.:783 (last sentence). | Aug. 9, 1939, ch. 318, §3 (last sentence), 53 Stat. 1292. |
In this section, before clause (1), the words “The Secretary of the Treasury . . . shall seize” are substituted for “shall be seized” in 49 App.:782 and “It shall be the duty of any officer, agent, or other person so authorized or designated . . . whenever he shall discover any vessel, vehicle, or aircraft” in 49 App.:783 (last sentence) to eliminate unnecessary words and for consistency in the revised title. The words “the Governor of Guam or of the Northern Mariana Islands as provided in section 80304 of this title” are added because under 49 App.:789 the Governor of Guam enforces 49 App.:ch. 11 in Guam and because, under section 502(a)(2) of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, as enacted by the Act of March 24, 1976 (Public Law 94–241, 90 Stat. 263), and proclaimed to be in effect by the President on January 9, 1978 (Proc. No. 4534, Oct. 24, 1977, 42 F.R. 56593, 48 U.S.C. 1681 (note)), the Commonwealth was given the same authority as Guam when a law applies to Guam and the States of the United States generally. The words “or a person authorized by another law to enforce section 80302 of this title” are substituted for “or authorized by law” for clarity. The words “involved in a violation of section 80302” are substituted for “which has been or is being used in violation of any provision of section 781 of this Appendix, or in, upon, or by means of which any violation of said section has taken or is taking place” in 49 App.:782 and “which has been or is being used in violation of any of the provisions of this chapter, or in, upon, or by means of which any violation of this chapter has taken or is taking place” in 49 App.:783 (last sentence) to eliminate unnecessary words. The word “designated” is substituted for “authorized or designated” in 49 App.:783 (last sentence) to eliminate unnecessary words. The words “or appropriate Governor, as the case may be” are added for clarity and for consistency in this section. The words “to await disposition pursuant to the provisions of this chapter and any regulations issued hereunder” are omitted as unnecessary. The words “except when . . . committed the violation” are substituted for “Provided further, That no vessel, vehicle, or aircraft shall be forfeited under the provisions of this chapter by reason of any act or omission . . . committed or omitted” in 49 App.:782 for clarity. The words “However . . . used by a common carrier to provide transportation for compensation may be forfeited only when” are substituted for “Provided, That no . . . used by any person as a common carrier in the transaction of business as such common carrier shall be forfeited under the provisions of this chapter unless it shall appear that” for clarity and consistency in the revised title. In clauses (1)–(3), the words “knows of” are substituted for “privy thereto” for clarity. The word “violation” is substituted for “illegal act” for consistency in the revised title and with other titles of the United States Code.
References in Text
The criminal laws of the United States, referred to in text, are classified generally to Title 18, Crimes and Criminal Procedure.
Amendments
2002—Pub. L. 107–296, §1112(q)(2), inserted “, the Attorney General,” after “by the Secretary” in introductory provisions.
Pub. L. 107–296, §1112(q)(1), which directed amendment of this section by inserting “or, when the violation of this chapter involves contraband described in paragraph (2) or (5) of section 80302(a), the Attorney General” after “section 80304 of this title.”, was executed by making the insertion after “section 80304 of this title,” to reflect the probable intent of Congress.
Effective Date of 2002 Amendment
Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.
§80304. Administrative
(a)
(1) may designate officers, employees, agents, or other persons to carry out this chapter; and
(2) shall prescribe regulations to carry out this chapter.
(b)
(1) or officers of the government of Guam designated by the Governor shall carry out this chapter in Guam;
(2) may carry out laws referred to in section 80306(b) of this title with modifications the Governor decides are necessary to meet conditions in Guam; and
(3) may prescribe regulations to carry out this chapter in Guam.
(c)
(1) or officers of the government of the Northern Mariana Islands designated by the Governor shall carry out this chapter in the Northern Mariana Islands;
(2) may carry out laws referred to in section 80306(b) of this title with modifications the Governor decides are necessary to meet conditions in the Northern Mariana Islands; and
(3) may prescribe regulations to carry out this chapter in the Northern Mariana Islands.
(d)
(e)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1354; Pub. L. 107–296, title XI, §1112(r), Nov. 25, 2002, 116 Stat. 2278.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 80304(a) | 49 App.:783 (1st sentence). | Aug. 9, 1939, ch. 618, §§3 (1st sentence), 4 (proviso), 8, 53 Stat. 1292, 1293. |
| 49 App.:788. | ||
| 80304(b) | 49 App.:789. | Aug. 3, 1939, ch. 618, 53 Stat. 1291, §9; added Aug. 1, 1956, ch. 852, §22, 70 Stat. 911. |
| 80304(c) | (no source). | |
| 80304(d) | 49 App.:784 (proviso). |
In subsection (a)(1), the words “may designate” are substituted for “is empowered to authorize, or designate” in 49 App.:783 (1st sentence) to eliminate unnecessary words. The word “employees” is added for clarity and consistency in the revised title and with other titles of the United States Code.
In subsections (a)(2) and (b)(3), the word “regulations” is substituted for “such rules and regulations as may be necessary” in 49 App.:788 and 789 for consistency in the revised title and with other titles of the Code and because “rules” and “regulations” are synonymous.
In subsection (b)(1), the words “shall carry out this chapter in Guam” are substituted for “In Guam the enforcement and administration of this chapter shall be performed” for consistency in the revised title.
Subsection (c) is added because, under section 502(a)(2) of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, as enacted by the Act of March 24, 1976 (Public Law 94–241, 90 Stat. 263), and proclaimed to be in effect by the President on January 9, 1978 (Proc. No. 4534, Oct. 24, 1977, 42 F.R. 56593, 48 U.S.C. 1681 (note)), the Commonwealth was given the same authority as Guam when a law applies to Guam and the States of the United States generally.
In subsection (d), the word “Secretary” is substituted for “by such officers, agents, or other persons as may be authorized or designated for that purpose by the Secretary of the Treasury” because of subsection (a)(1) of this section. The words “or the Governor of Guam or of the Northern Mariana Islands as provided in subsections (b) and (c) of this section” are added because under 49 App.:789 the Governor of Guam enforces 49 App.:ch. 11 in Guam and because of section 502(a)(2) of the Covenant referred to in the revision note for subsection (c) of this section. The words “the customs laws” are substituted for “That such duties as are imposed upon the collector of customs or any other person with respect to the seizure and forfeiture of vessels and vehicles under the customs laws” because of the restatement and to eliminate unnecessary words.
References in Text
The customs laws, referred to in subsec. (e), are classified generally to Title 19, Customs Duties.
Amendments
2002—Subsec. (a). Pub. L. 107–296, §1112(r)(1), substituted “(b), (c), and (d)” for “(b) and (c)” in introductory provisions.
Subsecs. (d), (e). Pub. L. 107–296, §1112(r)(2), (3), added subsec. (d) and redesignated former subsec. (d) as (e).
Effective Date of 2002 Amendment
Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.
1 So in original. Probably should be followed by a comma.
§80305. Availability of certain appropriations
Appropriations for enforcing customs, narcotics, counterfeiting, or internal revenue laws are available to carry out this chapter.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1355.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 80305 | 49 App.:785. | Aug. 9, 1939, ch. 618, §5, 53 Stat. 1292. |
The words “which has been or shall hereafter be made” and “for the defraying of expenses of” are omitted as surplus. The National Firearms Act referred to in the source provision has been repealed and replaced by chapter 53 of the Internal Revenue Code of 1986 (26 U.S.C. 5801 et seq.). A specific reference to chapter 53 is unnecessary because of the reference to the internal revenue laws.
References in Text
The customs laws, referred to in text, are classified generally to Title 19, Customs Duties.
The internal revenue laws, referred to in text, are classified generally to Title 26, Internal Revenue Code.
§80306. Relationship to other laws
(a)
(1) imposing, or authorizing the compromise of, fines, penalties, or forfeitures; or
(2) providing for seizure, condemnation, or disposition of forfeited property, or the proceeds from the property.
(b)
(1) provisions of law related to the seizure, forfeiture, and condemnation of vehicles and vessels violating the customs laws.
(2) provisions of law related to the disposition of those vehicles or vessels or the proceeds from the sale of those vehicles or vessels.
(3) provisions of law related to the compromise of those forfeitures or claims related to those forfeitures.
(4) provisions of law related to the award of compensation to an informer about those forfeitures.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1355.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 80306(a) | 49 App.:786. | Aug. 9, 1939, ch. 618, §§4 (less proviso), 6, 53 Stat. 1292. |
| 80306(b) | 49 App.:784 (less proviso). |
In subsections (a)(1) and (b)(3), the word “compromise” is substituted for “remission or mitigation” for consistency in the revised title.
In subsection (a), before clause (1), the words “in addition to another law” are substituted for “shall be construed to be supplemental to, and not to impair in any way, existing provisions of law” to eliminate unnecessary words.
In subsection (b), before clause (1), the words “under this chapter” are substituted for “incurred, or alleged to have been incurred, under the provisions of this chapter” to eliminate unnecessary words. In clause (1), the word “forfeiture” is substituted for “summary and judicial forfeiture” to eliminate unnecessary words.
References in Text
The customs laws, referred to in subsec. (b)(1), are classified generally to Title 19, Customs Duties.
CHAPTER 805—MISCELLANEOUS
§80501. Damage to transported property
(a)
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1356.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 80501(a) | 15:1281. | Sept. 13, 1961, Pub. L. 87–221, 75 Stat. 494. |
| 80501(b) | 15:1282. |
In subsection (a), the words “A person . . . shall be fined under title 18” are substituted for “It shall be unlawful for any person” and “Whoever violates any provision of subsection (a) of this section shall be fined not more than $5,000” to eliminate unnecessary words and for consistency with title 18. The word “damaging” is substituted for “destroy or injure” because it is inclusive. The words “air carrier, motor carrier, or rail carrier” are substituted for “common or contract carrier by railroad, motor vehicle, or aircraft”, and the words “being transported” are substituted for “moving”, for consistency in the revised title. The words “In a criminal proceeding under this section” are substituted for “To establish the interstate or foreign commerce character of any property involved in any prosecution under this section” to eliminate unnecessary words. The words “shipping document” are substituted for “waybill or similar shipping document” because they are inclusive.
In subsection (b), the words “A person may not be prosecuted for an act under this section when the person has been convicted or acquitted on the merits for the same act” are substituted for “A judgment of conviction or acquittal on the merits . . . shall be a bar to any prosecution under this chapter for the same act or acts” for clarity. The word “territory” is added for consistency in the revised title and with other titles of the United States Code. The words “or the Commonwealth of Puerto Rico” are omitted as unnecessary because of 48:734.
§80502. Transportation of animals
(a)
(2) Sheep may be confined for an additional 8 consecutive hours without being unloaded when the 28-hour period of confinement ends at night. Animals may be confined for—
(A) more than 28 hours when the animals cannot be unloaded because of accidental or unavoidable causes that could not have been anticipated or avoided when being careful; and
(B) 36 consecutive hours when the owner or person having custody of animals being transported requests, in writing and separate from a bill of lading or other rail form, that the 28-hour period be extended to 36 hours.
(3) Time spent in loading and unloading animals is not included as part of a period of confinement under this subsection.
(b)
(1) shall feed and water the animals at the reasonable expense of the owner or person having custody, except that the owner or shipper may provide food;
(2) has a lien on the animals for providing food, care, and custody that may be collected at the destination in the same way that a transportation charge is collected; and
(3) is not liable for detaining the animals for a reasonable period to comply with subsection (a) of this section.
(c)
(d)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1356.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 80502(a) | 45:71 (less 1st sentence 132d–153d words). | June 29, 1906, ch. 3594, §§1–4, 34 Stat. 607. |
| 80502(b) | 45:71 (1st sentence 132d–153d words). | |
| 45:72. | ||
| 80502(c) | 45:73 (proviso). | |
| 80502(d) | 45:73 (less proviso). | |
| 45:74. |
In this section, the words “rail carrier, express carrier” are substituted for “railroad, express company, car company” for consistency in the revised title. The word “air” is included in the exception because when the source provision was enacted air carriers did not exist. The words “a vehicle or vessel” are substituted for “cars, boats, or vessels of any description”, and the word “vessel” is substituted for “steam, sailing, or other vessels”, for consistency in the revised title and with other titles of the United States Code.
In subsection (a)(1), the words “transporting animals” are substituted for “whose road forms any part of a line of road over which cattle, sheep, swine, or other animals shall be conveyed” and “carrying or transporting cattle, sheep, swine, or other animals” to eliminate unnecessary words. The word “possession” is added for consistency in the revised title and with other titles of the Code. The words “for feeding, water, and rest” are added because of the restatement.
In subsection (a)(2), before clause (A), the words “Sheep may be confined for an additional 8 consecutive hours without being unloaded when the 28-hour period of confinement ends at night” are substituted for 45:71 (last proviso) for clarity. The words “Animals may be confined for” are added because of the restatement. In clause (A), the words “more than 28 hours when the animals cannot be unloaded because of” are substituted for “unless prevented by” because of the restatement. The word “storm” is omitted as being included in “accidental or unavoidable causes”. The words “when being careful” are substituted for “by the exercise of due diligence and foresight” to eliminate unnecessary words. In clause (B), the words “36 consecutive hours when” are substituted for “Provided, That . . . the time of confinement may be extended to thirty-six hours” because of the restatement. The word “printed” is omitted as surplus.
In subsection (a)(3), the words “but the time during which the animals have been confined without such rest or food or water on connecting roads shall be included, it being the intent of this chapter to prohibit their continuous confinement beyond the period of twenty-eight hours, except upon the contingencies hereinbefore stated” are omitted as unnecessary because of the restatement.
In subsection (b), before clause (1), the word “properly” is omitted as surplus. The words “Animals being transported shall be unloaded” are added because of the restatement. In clause (1), the words “except that the owner or shipper may provide food” are substituted for “but nothing in this section shall be construed to prevent the owner or shipper of animals from furnishing food therefor, if he so desires” for clarity.
In subsection (c), the word “proper” is omitted as surplus.
In subsection (d), the words “liable to the United States Government for a civil penalty” are substituted for “liable for and forfeit and pay a penalty” in 45:73 for consistency in the revised title and with other titles of the Code. The words “On learning of a violation, the Attorney General shall bring a civil action to collect the penalty” are substituted for “The penalty created by section 73 of this title shall be recovered by civil action in the name of the United States” in 45:74 and “and it shall be the duty of United States attorneys to prosecute all violations of this chapter reported by the Secretary of Agriculture, or which come to their notice or knowledge by other means” to eliminate unnecessary words and because of 28:509. The words “in the district court of the United States for the judicial district” are substituted for “in the circuit or district court holden within the district” in section 4 of the Act of June 29, 1906 (ch. 3594, 34 Stat. 608), because of section 291 of the Act of March 3, 1911 (ch. 231, 36 Stat. 1167), and for consistency in the revised title and with other titles of the Code.
§80503. Payments for inspection and quarantine services
(a)
(A) “private aircraft” means a civilian aircraft not being used to transport passengers or property for compensation.
(B) “private vessel” means a civilian vessel not being used—
(i) to transport passengers or property for compensation; or
(ii) in fishing or fish processing operations.
(2) Notwithstanding section 451 of the Tariff Act of 1930 (19 U.S.C. 1451), the owner, operator, or agent of a private aircraft or private vessel may pay not more than $25 for the services of an officer or employee of the Department of Agriculture, the Customs Service, the Immigration and Naturalization Service, or the Public Health Service (including an independent contractor performing an inspection service for the Public Health Service) when the services are performed on a Sunday, holiday, or from 5 p.m. through 8 a.m. on a weekday, and are related to the aircraft's or vessel's arrival in, or departure from, the United States. However, the owner, operator, or agent does not have to pay for the services from 5 p.m. through 8 a.m. on a weekday when an officer or employee on regular duty is available at the place of arrival or departure to perform services.
(3) The head of a department, agency, or instrumentality of the United States Government providing services under paragraph (2) of this subsection shall collect the amount paid for the services and deposit the amount in the Treasury. The amount shall be credited to the appropriation of the department, agency, or instrumentality against which the expense of those services was charged.
(b)
(2) This subsection does not require reimbursement for costs incurred by the Secretary of the Treasury in providing customs services described in section 13031(e)(1) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(e)(1)).
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1357.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 80503(a)(1) | 49 App.:1741(d). | May 21, 1970, Pub. L. 91–258, §53(a)–(d), 84 Stat. 236. |
| 80503(a)(2) | 49 App.:1741(a), (b). | |
| 80503(a)(3) | 49 App.:1741(c). | |
| 80503(b) | 49 App.:1741(e). | May 21, 1970, Pub. L. 91–258, 84 Stat. 219, §53(e); added Oct. 22, 1986, Pub. L. 99–514, §1893(f), 100 Stat. 2930. |
In subsection (a)(1), the word “passengers” is substituted for “persons” for consistency in the revised title and with other titles of the United States Code. The word “hire” is omitted as being included in “compensation”. In clause (B)(ii), the words “fishing or fish processing operations” are substituted for “fishing operations or in processing of fish or fish products” to eliminate unnecessary words.
In subsection (a)(2), the words “or any other provisions of law” are omitted as unnecessary. The words “on or after July 1, 1970” are omitted as executed. The words “upon the request of such owner, operator, or agent” are omitted as unnecessary. The words “from 5 p.m. through 8 a.m.” are substituted for “at any time after 5 o'clock postmeridian or before 8 o'clock antemeridian” to eliminate unnecessary words. The words “Notwithstanding any other provision of law” are omitted as unnecessary because of the restatement. The words “the owner, operator, or agent does not have to pay” are substituted for “no payment shall be required” for clarity. The words “from 5 p.m. through 8 a.m.” after “the services” are added for clarity. The words “an officer or employee on regular duty” are substituted for “an officer or employee stationed on his regular tour of duty” to eliminate unnecessary words.
In subsection (b)(1), the words “related to the aircraft” are substituted for “as a consequence of the operation of aircraft”, and the words “a place of inspection” are substituted for “at airports of entry or other places of inspection”, to eliminate unnecessary words. The words “The head of the department, agency, or instrumentality may not assess” are substituted for “shall not be assessed against” because of the restatement. The word “expenses” is substituted for “costs” for consistency in this section.
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
Abolition of Immigration and Naturalization Service and Transfer of Functions
For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of Title 8, Aliens and Nationality.
§80504. Medals of honor
(a)
(b)
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1358.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 80504(a) | 49 App.:1201. | Feb. 23, 1905, ch. 744, §1, 33 Stat. 743; June 13, 1957, Pub. L. 85–50, §1(1), 71 Stat. 69. |
| 80504(b) | 49 App.:1202. | Feb. 23, 1905, ch. 744, §2, 33 Stat. 743. |
| 80504(c) | 49 App.:1203. | Feb. 23, 1905, ch. 744, §3, 33 Stat. 743; restated June 13, 1957, Pub. L. 85–50, §1(2), 71 Stat. 69. |
| 49 App.:1655(e)(3). | Oct. 15, 1966, Pub. L. 89–670, §6(e)(3), 80 Stat. 939. |
In subsection (a), the words “may prepare and give” are substituted for “is authorized to cause to be prepared . . . which shall be bestowed” for clarity. The word “suitable” is omitted as surplus. The word “individual” is substituted for “persons” because it is more precise. The words “trying to prevent, or save the life of another in” are substituted for “in saving, or endeavoring to save, lives . . . or in preventing or endeavoring to prevent” to eliminate unnecessary words. The words “grave accident” are substituted for “wreck, disaster, or grave accident” because they are inclusive. The words “rail carrier providing transportation in interstate commerce” are substituted for “railroad . . . engaged in interstate commerce” for consistency in the revised title. The words “The President may give a medal only when” are substituted for “Provided, That no award of said medal shall be made to any person until” for clarity. The word “filed” is substituted for “furnished and placed on file” to eliminate unnecessary words.
In subsection (b), the words “and the individual receiving the medal is not negligent” are substituted for “without fault or neglect on the part of the person to whom it was issued” to eliminate unnecessary words. The words “the President shall issue” are substituted for “shall be issued” for clarity.
In subsection (c), the words “to the Secretary of Transportation” are substituted for “for the Department of Transportation” because of 49:102(b).