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 xlvii

LIST OF PRIVATE LAWS Private Law

95-84 95-85 95-86 95-87 95-88 95-89 95-90 95-91 95-92 D5-93 95-94 95-95 95-96 95-97 95-98 95-99 95-100 95-101 95-102 95-103 95-104 95-105 95-106 95-107 95-108 95-109 95-110 95-111 95-112 95-113 95-114 95-115 95-116 95-117

Date

Rosario A. Calvin. AN ACT For the relief of Rosario A. Calvin Oct. 28, 1978 Lilia Araujo. AN ACT For the relief of Lilia Araujo Oct. 28, 1978 Anthony Rogers. AN ACT For the relief of Anthony Rogers Oct. 28, 1978 Gilberto Taneo Gilberstadt. AN ACT For the relief of Gilberto Taneo Gilberstadt Oct. 28, 1978 Juana Todd Atherley. AN ACT For the relief of Juana Todd Atherley Oct. Lee So Ryung. AN ACT For the relief of Lee So Ryung. Oct. 28, 1978 Santos Marquez Arellano. AN ACT For the relief of 28, 1978 Santos Marquez Arellano Oct. 28, 1978 Ruben P. Din. AN ACT For the relief of Ruben P. Din. Oct. Natividad and Myrna Casing. AN ACT For the relief of 28, 1978 Natividad Casing and Myrna Casing Oct. Young Gun Kim. AN ACT For the relief of Young Gun 28, 1978 Kim Oct. Marlene Holder. AN ACT For the relief of Marlene 28, 1978 Holder Oct. Carmen Prudence Hernandez. AN ACT For the relief of 28, 1978 Carmen Prudence Hernandez Oct. Sealie Von Kleist Hernandez. AN ACT For the relief of 28, 1978 Sealie Von Kleist Hernandez Oct. Derrick Mariano Tan. AN ACT For the relief of Derrick 28, 1978 Mariano Tan Oct. Rickey Lee Trautvetter. AN ACT For the relief of Ricky 28, 1978 Lee Trautvetter Oct. Meeja Sa Foster. AN ACT For the relief of Meeja Sa 28, 1978 Foster Oct. Martha Castro Fitz Maurice. AN ACT For the relief of 28, 1978 Martha Castro Fitz Maurice Oct. Peter Neal Smith. AN ACT For the relief of Peter Neal 28, 1978 Smith Oct. Pece D. Van Arsdol. AN ACT For the relief of Pece D. 28, 1978 Van Arsdol Oct. Elizabeth D. Yee Kraus. AN ACT For the relief of 28, 1978 Elizabeth D. Yee Kraus Oct. Marinelle Khristy Cruz. AN ACT For the relief of Mar28, 1978 inelle Khristy Cruz Oct. Donna Marainne Benney. AN ACT For the relief of 28, 1978 Donna Marainne Benney Oct. Noel Abueg Emde. AN ACT For the relief of Noel Abueg 28, 1978 Emde Oct. Vasilios Georgios Valcanos. AN ACT For the relief of 28, 1978 Vasilios Georgios Valcanos Oct. Jae Keun Christiansen. AN ACT For the relief of Jae 28, 1978 Keun Christianson Oct. Ling-Yung Rung. AN ACT For the relief of Ling-Yung 28, 1978 Kung Oct. Miriama Jones. AN ACT For the relief of Miriama 28, 1978 Jones Oct. Imelda C. Jayag Potter. AN ACT For the relief of Imelda 28, 1978 C. Jayag Potter Oct. Timmy Lao Olavere. AN ACT For the relief of Timmy 28, 1978 Lao Olavere Oct. Young-Shik Kim. AN ACT For the relief of Young-Shik 28, 1978 Kim Oct. Juanita Binabise. AN ACT For the relief of Juanita 28, 1978 Binabise Oct. Jin Syen Suh. AN ACT For the relief of Jin Syen Suh.. Oct. 28, 1978 Chester Chun Ket Young. AN ACT For the relief of 28, 1978 Chester Chun Ket Young (also known as Chun-Kit Yeung) Oct. 28, 1978 Maria Elena Jumalon. AN ACT For the relief of Maria Elena Jumalon Oct. 28, 1978

Page

3828 3828 3829 3829 3829 3830 3830 3831 3831 3831 3832 3832 3833 3833 3833 3834 3834 3835 3835 3835 3836 3836 3837 3837 3837 3838 3838 3839 3839 3839 3840 3840 3841 3841

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 LIST OF PRIVATE LAWS

xlviii Private Law

95-118 95-119 95-120 95-121 95-122 95-123 95-124 95-125 95-126

Date

Do Sook Park. AN ACT For the relief of Do Sook Park Sang Yun Yoon. AN ACT For the relief of Sang Yun Yoon Susanna Shu-hui Jean. AN ACT For the relief of Susanna Shu-hui Jean Joselyn Buccal Lalley and Jodelyn Buccal Lalley. AN ACT For the relief of Joselyn Buccat Lalley and Jodelyn Buccat Lalley Caroline Valdez Sulfelix. AN ACT For the relief of Caroline Valdez Sulfelix Mary Jo Natividad and Regina Natividad. AN ACT For the relief of Mary Jo Natividad and Regina Natividad Tsulomu Tanaka. AN ACT For the relief of Tsutomu Tanaka Ricardo Rosas Salazar. AN ACT For the relief of Ricardo Rosas Salazar Jennet Juanila Miller. AN ACT For the relief of Jennet Juanita Miller (also known as Jennet Juanita Flowgj'g)

95-127 95-128 95-129 95-130 95-131 95-132 95-133 95-134 95-135 95-136 95-137 95-138 95-139 95-140 95-141 95-142 95-143 95-144 95-145 95-146 95-147 95-148

Mrs. Angelila Short A N " ACT For the relief of Mrs. Angelita Short Hildegard G. Blakeley. AN ACT For the relief of Hildegard G. Blakeley Cathy Gee Yuen. AN ACT For the relief of Cathy Gee Yuen Kwong Lam Yuen. AN ACT For the relief of Kwong Lam Yuen Edmundo Alfredo Oreiro Espinueva. AN ACT For the relief of Edmundo Alfredo Oreiro Espinueva Boulos Slephan. AN ACT For the relief of Boulos Stephan Dr. John Alexis L. S. Tarn and Yeut Shum Tarn. AN ACT For the relief of Doctor John Alexis L. S. Tarn and Yeut Shum Tam Nora L. Kennedy. AN ACT For the relief of Nora L. Kennedy Fidel Grosso-Padilla. AN ACT For the relief of Fidel Grosso-Padilla Susan Spurrier. AN ACT For the relief of Susan Spurrier Elisabetta Basso Gallizio. AN ACT For the relief of Elisabetta Basso Gallizio Lily Lirio Galindo. AN ACT For the relief of Lily Lirio Galindo Johanne Lapointe. AN ACT For the relief of Johanne Lapointe Caspar Louis Sayoc. AN ACT For the relief of Caspar Louis Sayoc Concrete Industries (Monier), Limited. AN ACT For the relief of Concrete Industries (Monier), Limited Jesusa Navarro Romero and Antonio Angeles Romero. AN ACT For the relief of Jesusa Navarro Romero and Antonio Angeles Romero Rodolfo N. Arriola. AN ACT For the relief of Rodolfo N. Arriola Masami Yamada. AN ACT For the relief of Masami Yamada Dr. Allan Joseph Cawley. AN ACT For the relief of Doctor Allan Joseph Cawley Marina Houghton. AN ACT For the relief of Marina Houghton Rogelio M. Encomienda. AN ACT For the relief of Rogelio M. Encomienda Irma Victoria Bolarte Alvarado. AN ACT For the relief of Irma Victoria Bolarte Alvarado

Page

Oct. 28, 1978

.. 3841.

Oct. 28, 1978

.. 3842.

Oct. 28, 1978

3842

Oct. 28, 1978

.. 3843.

Oct. 28, 1978

.. 3843.

Oct. 28, 1978

.. 3843.

Oct. 28, 1978

.. 3844.

Oct. 28, 1978

3844

Oct

30, 1978

.. 3845.

Oct. 30, 1978

.. 3845.

Oct. 30, 1978

.. 3845.

Oct. 30, 1978

.. 3846.

Oct. 30, 1978

.. 3846.

Oct. 30, 1978

.. 3846.

Oct. 30, 1978

3847

Oct. 30, 1978

.. 3847.

Oct. 30, 1978.... Oct. 30, 1978

3848 .. 3848.

. Oct. 30, 1978...... 3848 . Oct. 30, 1978...... 3849 . Oct. 30, 1978...... 3849 . Oct. 30, 1978...... 3849 . Oct. 30, 1978...... 3850 Oct. 30, 1978

3850

. Oct. 30, 1978...... 3851 . Oct. 30, 1978...... 3851 . Oct. 30, 1978...... 3852 . Oct. 30, 1978...... 3852 . Oct. 31, 1978...... 3852 . Oct. 31, 1978...... 3853 . Oct. 31 1978...... 3853

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 LIST OF PRIVATE LAWS Private Law

95-149

95-150 95-151 95-152 95-153 95-154 95-155 95-156 95-157 95-158 95-159 95-160 95-161 95-162 95-163 95-164..." 95-165 95-166 95-167 95-168 95-169 95-170

xlix Date

Jackson Ormiston Edwards Cuffy and Merle Cleopatra Edwards Cuffy. AN ACT For the relief of Jackson Ormiston Edwards Cuffy and Merle Cleopatra Edwards Cuffy John F. Johnson. AN ACT For the relief of John F. Johnson Elvi Engelsmann Jensen. AN ACT For the relief of Elvi Engelsmann Jensen Yom Chong Ok. AN ACT For the relief of Yom Chong Ok Debbie Agatta Hepburn. AN ACT For the relief of Debbie Agatta Hepburn Brigitte Marie Harwood. AN ACT For the relief of Brigitte Marie Harwood Kainoosh-Fard Bullock and Kami Bullock. AN ACT For the relief of Kainoosh-Fard Bullock and her son, Kami Bullock Dimitrios, Angeliki, and Georgios Panoutsopoulos. AN ACT For the relief of Dimitrios Panoutsopoulos, Angeliki Panoutsopoulos, and Georgios Panoutsopoulos. Datronics Engineers, Inc.. AN ACT For the relief of Datronics Engineers, Incorporated Julio Ortiz-Medina. AN ACT For the Relief of Julio Ortiz-Medina Carmela Scudieri. AN ACT For the relief of Carmela Scudieri Karin Ehard. AN ACT For the relief of Karin Ehard... P a z A A/orona. ANACTForthereliefofPazA. Norona. Carmen Cecilia Blanquicett. AN ACT For the relief of Carmen Cecilia Blanquicett Anthony Casamento. AN ACT For the relief of Anthony Casamento Veronica Judith Hudson. AN ACT For the relief of Veronica Judith Hudson Andree Marie Helene McGiffin. AN ACT For the relief of Andree Marie Helene McGiffin Francesco Giuttari. AN ACT For the relief of Francesco Giuttari Sameek Keshary Ray. AN ACT For the relief of Sameek KesharyRay Lawrence Youngman. AN ACT For the relief of Lawrence Youngman Margaret Perry. AN ACT For the relief of Margaret Perry Gary Daves and Marc Cayer. AN ACT For the relief of Gary Daves and Marc Cayer

Page

Oct. 31, 1978

3854

Oct. 31, 1978

3854

Oct. 31, 1978

3855

Oct. 31, 1978

3855

Oct. 31, 1978

3855

Oct. 31, 1978

3856

Oct. 31, 1978

3856

Oct. 31, 1978

3856

Nov. 1, 1978

3857

Nov. 2, 1978

3857

Nov. 2, 1978 Nov. 2, 1978 Nov. 2, 1978

3858 3858 3858

Nov. 2, 1978

3859

Nov. 2, 1978

3859

Nov. 2, 1978

3859

Nov. 2, 1978

3860

Nov. 2, 1978

3860

Nov. 2, 1978

3860

Nov. 2, 1978

3861

Nov. 2, 1978

3861

Nov. 3, 1978

3862

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Page:United States Statutes at Large Volume 92 Part 2.djvu/51

 LIST OF CONCURRENT RESOLUTIONS C O N T A I N E D IN T H I S V O L U M E

Con. Res.

Congress. Joint meeting H. Con. Res. 452 House of Representatives and Senate. Adjournment from Feb. 9-14, 1978 and Feb. 10-20, 1978, respectively H. Con. Res. 473 H.R. 8638. Correction in bill enrollment H. Con. Res. 486 District of Columbia, council action. Congressional approval H. Con. Res. 464 District of Columbia, council action. Congressional approval H. Con. Res. 471 National Railroad Passenger Corporation. Service maintenance H. Con. Res. 494 House of Representatives and Senate. Adjournment from March 22-April 3, 1978 and March 23-29 or April 3, 1978, respectively.... H. Con. Res. 544 Kosciuszko Military Engineering Sites. Markers S. Con. Res. 44 Conference on cooperation and security in Europe. Gratitude of Congress S. Con. Res. 549 Congress. Budget for U.S. Government, fiscal year 1978 S. Con. Res. 80 Soviet Helsinki Groups. Congressional opposition for imprisonment H. Con. Res. 624 House of Representatives and Senate. Adjournment from May 25-31, and May 26-June 5, 1978, respectively H. Con. Res. 634 "Korean Influence Inquiry." Printing of additional copies S. Con. Res. 89 H.R. 5493. Corrections in bill enrollment H. Con. Res. 635 "New Perspectives In Health Care for Older Americans." Printing of additional copies H. Con. Res. 441 "The United States Capitol." Revision and reprinting as House document H. Con. Res. 561 Hungarian People's Republic, nondiscriminatory treatment. Congressional approval of extension H. Con. Res. 555 House of Representatives and Senate. Adjournment from June 29-July 10, 1978 and July 10, 1978, until disposition of H.R. 12426 H. Con. Res. 654 Helsinki Final Act, trials of supporters. Congressional concern S. Con. Res. 95 Drug traffic. Congressional endorsement of the Hermosillo Declaration H. Con. Res. 265 Congress. Adjournment provisions S. Con. Res. 98 H.R. 10732. Correction in bill enrollment H. Con. Res. 687 House of Representatives and Senate. Adjournment from August 17-September 6, 1978 and August 25, 26, 28, 29-September 6, 1978, respectively H. Con. Res. 696 H.R. 6669. Correction of bill enrollment S. Con. Res. 103 Congress. Joint meeting H. Con. Res. 713 Korean influence inquiry hearings. Printing of additional copies S. Con. Res. 105 Congress. Budget for U.S. Government, fiscal year 1979 H. Con. Res. 683

Date

Page

Jan. 19, 1978

3865

Feb. 9, 1978 Feb. 27, 1978

3865 3865

Mar. 10, 1978

3868

Mar. 10, 1978

3868

Mar. 21, 1978

3869

Mar. 22, 1978 Apr. 3, 1978

3869 3869

May 5, 1978

3870

May 17, 1978

3870

May 22, 1978

3872

May 25, 1978.

3874

June 7, 1978 June 8, 1978

3874 3874

June 23, 1978

3874

June 23, 1978

3875

June 27, 1978

3875

June 29, 1978

3875

July 12, 1978

3875

July 18, 1978 July 27, 1978 Aug. 14, 1978

3876 3877 3877

Aug. 17, 1978 Sept. 6, 1978 Sept. 18, 1978

3877 3877 3878

Sept. 19, 1978

3878

Sept. 23, 1978

3878

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 Hi

LIST OF CONCURRENT RESOLUTIONS Con. Res.

"A Legislative History of the Water Pollution Control Act Amendments of 1972. " Printing of additional copies "Intelligence Activities and the Rights of Americans. " Printing of additional copies "Preliminary Guide to Export Opportunities to Japan. "Printing of additional copies Eulogies to Hubert H. Humphrey. Printing of additional copies Middle East peace efforts. Congressional commendation H.R. 8149. Correction in bill enrollment H.R. 8391 Corrections in bill enrollment Prayers of Rev. Edward Elson, Senate Chaplain. Printing as Senate document; additional copies S. 2640. Corrections in bill enrollment H.R. 12255. Corrections in bill enrollment H.R. 11318. Correction in bill enrollment H.R. 10587. Corrections in bill enrollment H.R. 11445. Corrections in bill enrollment S. 555. Corrections in bill enrollment Prayers of Rev. Edward Latch, House Chaplain. Printing as House document; additional copies S. 2570. Corrections in bill enrollment Enrolled bills and joint resolutions. Authorization to sign during sine die adjournment H.R. 6536. Corrections in bill enrollment H.R. 8533. Corrections in bill enrollment S. 1487. Correction in bill enrollment Congress. Adjournment sine die H.R. 13511. Corrections in bill enrollment

Date

S. Con. Res. 90

Sept. 26, 1978

3880

S. Con. Res. 96

Sept. 26, 1978

3880

S. Con. Res. 97

Sept. 26, 1978

3880

S. Con. Res. 106

Sept. 26, 1978

3880

H. Con. Res. 715 H. Con. Res. 725 H. Con. Res. 727

Sept. 28, 1978 Sept. 30, 1978 Oct. 2, 1978

3881 3881 3882

S. Con. Res. 108 S. Con. Res. 110 H. Con. Res. 730 H. Con. Res. 739 H. Con. Res. 740 S. Con. Res. I l l S. Con. Res. 112

Oct. Oct. Oct. Oct. Oct. Oct. Oct.

11, 1978 11, 1978 11, 1978 11, 1978 11, 1978 12, 1978 12, 1978

3882 3882 3885 3886 3886 3887 3887

H. Con. Res. 742 S. Con. Res. 114

Oct. 13, 1978 Oct. 15, 1978

3898 3898

S. Con. Res. 115 H. Con. Res. 749 H. Con. Res. 754 H. Con. Res. 755 H. Con. Res. 760 H. Con. Res. 761

Oct. Oct. Oct. Oct. Oct. Oct.

3900 3900 3902 3903 3903 3903

15, 1978 15, 1978 15, 1978 15, 1978 15, 1978 15, 1978

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 LIST OF PROCLAMATIONS CONTAINED IN T H I S VOLUME

No.

4543

4544 4545 4546 4547 4548 4549 4550 4551 4552 4553 4554 4555 4556 4557 4558 4559 4560 4561 4562 4563 4564 4565 4566 4567 4568 4569 4570 4571 4572 4573 4574 4575 4576 4577 4578 4579 4580 4581 4582 4583 4584 4585 4586

Date

Modifying Proclamation No. 3279, as Amended, Relating to Imports of Petroleum and Petroleum Products, and Providing for the Long-Term Control of Imports of Petroleum and Petroleum Products Through a System of License Fees Dec. 27, 1977 Drug Abuse Prevention Week, 1978 Jan. 11, 1978 Death of Hubert H. Humphrey Jan. 16, 1978 American Heart Month, 1978 Jan. 19, 1978 Import Fees on Sugar, Sirups, and Molasses Jan. 20, 1978 National Defense Transportation Day and National Transportation Week, 1978 Jan. 31, 1978 Save Your Vision Week, 1978 Feb. 1, 1978 National Poison Prevention Week, 1978 Feb. 6, 1978 Red Cross Month, 1978 Feb. 7, 1978 Cancer Control Month, 1978 Mar. 15, 1978 Small Business Week, 1978 Mar. 16, 1978 World Trade Week, 1978 Mar. 16, 1978 National Maritime Day, 1978 Mar. 16, 1978 National Farm Safety Week, 1978 Mar. 21, 1978 Pan American Day and Pan American Week, 1978 Mar. 23, 1978 Sun Day, 1978 Mar. 27, 1978 Modification of Temporary Quantitative Limitations on the Importation into the United States of Certain Articles of Alloy Tool Steel Apr. 5, 1978 Agreement on Trade Relations Between the United States of America and the Hungarian People's Republic Apr. 7, 1978 Temporary Duty Increase on the Importation Into the United States of Certain Citizens Band (CB) Radio Transceivers.... Apr. 7, 1978 Education Day, U.S.A., 1978 Apr. 17, 1978 National Oceans Week, 1978 Apr. 17, 1978 Older Americans Month, 1978 Apr. 19, 1978 Law Day, U.S.A., 1978 Apr. 25, 1978 National Architectural Barrier Awareness Week, 1978 Apr. 25, 1978 Loyalty Day, 1978 Apr. 27, 1978 Application of Certain Laws of the United States to the Northern Mariana Islands May 9, 1978 National Historic Preservation Week, 1978 May 10, 1978 Mother's Day, 1978 May 11, 1978 Armed Forces Day, 1978 May 15, 1978 Prayer for Peace/Memorial Day, May 29, 1978 May 19, 1978 Flag Day and National Flag Week, 1978 May 30, 1978 Father's Day, 1978 June 9, 1978 University Press Centennial Observance June 14, 1978 Free Enterprise Day, 1978 June 30, 1978 Quantitative Limitation on the Importation of Certain Meat July 4, 1978 Captive Nations Week, 1978 July 11, 1978 Citizenship Day and Constitution Week, 1978 July 19, 1978 National Grandparents Day, 1978 Aug. 3, 1978 Fire Prevention Week, 1978 Aug. 8, 1978 General Pulaski's Memorial Day, 1978 Aug. 8, 1978 White Cane Safety Day, 1978 Aug. 8, 1978 National Aviation Year and Wright Brothers Day, 1978 Aug. 8, 1978 National Hispanic Heritage Week, 1978 Aug. 17, 1978 Columbus Day, 1978 Aug. 17, 1978

Page

3907 3907 3908 3909 3910 3912 3912 3913 3914 3914 3915 3916 3916 3917 3917 3918 3919 3920 3921 3923 3924 3925 3925 3926 3927 3928 3929 3929 3930 3931 3932 3932 3933 3934 3934 3935 3936 3936 3937 3938 3939 3940 3941 3942

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 liv

LIST OF PROCLAMATIONS

No.

4587 4588 4589 4590 4591 4592 4593 4594 4595 4596 4597 4598 4599 4600 4601 4602 4603 4604 4605

Date

Child Health Day, 1978 National Lupus Week, 1978 International Literacy Day, 1978 Women's Equality Day, 1978 National Day of Prayer, 1978 Leif Erikson Day, 1978 National Employ the Handicapped Week, 1978 National School Lunch Week, 1978 Veterans Day, 1978 National Port Week, 1978 United Nations Day, 1978 National Guard Day, 1978 National Forest Products Week, 1978 Temporary Staged Reduction of Rates of Duty on Certain Products National Good Neighbor Day, 1978 National Farm-City Week, 1978 American Education Week, 1978 '. Termination of Increased Rates of Duty on Certain Ceramic Tableware National Jogging Day, 1978

f

,'••

A-i", f-';ii

ii 'Si-'-.'-

..

Oi

Page

Aug. 17, 1978 Aug. 18, 1978 Aug. 21, 1978 Aug. 25, 1978 Sept. 1, 1978 Sept. 5, 1978 Sept. 7, 1978 Sept. 8, 1978 Sept. 11, 1978 Sept. 15, 1978 Sept. 19, 1978 Sept. 20, 1978 Sept. 21, 1978

3943 3944 3944 3945 3946 3947 3947 3948 3949 3949 3950 3951 3952

Sept. 21, 1978 Sept. 22, 1978 Sept. 27, 1978 Sept. 28, 1978

3953 3955 3956 3957

Oct. 2, 1978 Oct. 13, 1978

3958 3959

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Page:United States Statutes at Large Volume 92 Part 2.djvu/55

 PUBLIC LAWS (CONTINUED)

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Page:United States Statutes at Large Volume 92 Part 2.djvu/57

 PUBLIC LAW 95-473—OCT. 17, 1978

92 STAT. 1337

Public Law 95-473 95th Congress An Act To revise, codify, and enact without substantive change the Interstate Commerce Act and related laws as subtitle IV of title 49, United States Code, "Transportation".

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That certain general and permanent laws of the United States, related to transportation, are revised, codified, and enacted as title 49, United States Code, "Transportation", as follows: TITLE 49—TRANSPORTATION SUBTITLE

I. XL III. IV. V.

Oct. 17, 1978 [H.R. 10965]

Interstate Commerce Act ^^ related laws. 49^8216 IV U.S. Code.

Sec.

[RESERVED—DEPARTMENT OF TRANSPORTATION] [RESERVED—TRANSPORTATION PROGRAMS] [RESERVED—AIR TRANSPORTATION] INTERSTATE COMMERCE [RESERVED—MISCELLANEOUS]

lOlOl

SUBTITLE IV—INTERSTATE COMMERCE CHAPTER 101. GENERAL PROVISIONS 103. INTERSTATE COMMERCE COMMISSION 105. JURISDICTION 107. RATES, TARIFFS, AND VALUATIONS 109. LICENSING 111. OPERATIONS OF CARRIERS 113. FINANCE 115. FEDERAL-STATE RELATIONS 117. ENFORCEMENT: INVESTIGATIONS, RIGHTS, AND REMEDIES 119. CIVIL AND CRIMINAL PENALTIES

Sec. 10101 10301 10501 10701 10901 11101 11801 11501 11701 11901

CHAPTER 101—GENERAL PROVISIONS Sec. 10101. Transportation policy. 10102. Definitions. 10103. Remedies as cumulative.

§ 10101. Transportation policy (a) To ensure the development, coordination, and preservation of a transportation system that meets the transportation needs of the United States, including the United States Postal Service and national defense, it is the policy of the United States Government to provide for the impartial regulation of the modes of transportation subject to this subtitle, and in regulating those modes— (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;

49 USC 10101.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/58

 92 STAT. 1338

PUBLIC LAW 95-473—OCT. 17, 1978

(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. <v (b) This subtitle shall be administered and enforced to carry out the policy of this section. 49 USC 10102. § 10102. Definitions In this subtitle— (1) "broker" means a person, other than a motor carrier or an employee or agent of a motor carrier, that as a principal or agent sells, offers for sale, negotiates for, or holds itself out by solicitation, advertisement, or otherwise as selling, providing, or ' arranging for, transportation by motor carrier for compensation. (2) "carrier" means a common carrier and a contract carrier. (3) "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. (4) "common carrier" means an express carrier, a pipeline carrier, a rail carrier, a sleeping car carrier, a motor common carrier, a water common carrier, and a freight forwarder. (5) "contract carrier" means a motor contract carrier and a water contract carrier. (6) "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. (7) "express carrier" means a person providing express transportation for compensation. (8) "freight forwarder" means a person holding itself out to the general public (other than as an express, pipeline, rail, sleeping car, motor, or water carrier) to provide transportation of property for compensation and in the ordinary course of its business— (A) assembles and consolidates, or provides for assembling and consolidating, shipments and performs or provides for break-bulk and distribution operations of the shipments; • f©^^^ -^'--'* ' (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 the jurisdiction of the Interstate Commerce Commission under subchapter I, II, or III of chapter 105 of this Post, pp. 1359, title. 1361, 1365. (9) "highway" means a road, highway, street, and way in a State. (10) "motor carrier" means a motor common carrier and a 1 motor contract carrier. (11) "motor common carrier" means a person holding itself out to the general public to provide motor vehicle transportation for compensation over regular or irregular routes, or both. (12) "motor contract carrier" means a person, other than a motor common carrier, providing motor vehicle transportation for compensation under continuing agreements with a person or a limited number of persons—

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Page:United States Statutes at Large Volume 92 Part 2.djvu/59

 PUBLIC LAW 95-473—OCT. 17, 1978

92 STAT. 1339

(A) by assigning motor vehicles for a continuing period of time for the exclusive use of each such person; or (B) designed to meet the distinct needs of each such person. (13) "motor private carrier" means a person, other than a motor carrier, transporting property by motor vehicle when— (A) the transportation is as provided in section 10521(a) (1) and (2) of this title; Post, p. 1361. (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. (14) "motor vehicle" means a vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used on a highway in transportation, or a combination determined by the Commission, but does not include a vehicle, locomotive, or car operated only on a rail, or a trolley bus operated by electric power from a fixed overhead wire, and providing local passenger transportation similar to street-railway service. (15) "person", in addition to its meaning under section 1 of title 1, includes a trustee, receiver, assignee, or personal representative of a person. (16) "pipeline carrier" means a person providing pipeline transportation for compensation. (17) "rail carrier" means a person providing railroad transportation for compensation. (18) "railroad" includes— (A) a bridge, car float, lighter, and ferry 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. (19) "rate" means a rate, fare, or charge for transportation. (20) "sleeping car carrier" means a person providing sleeping car transportation for compensation. (21) "State" means a State of the United States and the District of Columbia. (22) "tariff", when used in reference to a contract carrier, means a schedule. (23) "transportation" includes— (A) a locomotive, car, vehicle, 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 receipt, delivery, elevation, transfer in transit, refrigeration, icing, ventilation, storage, handling, and interchange of passengers and property. (24) "United States" means the States of the United States and the District of Columbia. (25) "vessel" means a watercraft or other artificial contrivance that is used, is capable of being used, or is intended to be used, as a means of transportation by water.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/60

 PUBLIC LAW 95-473—OCT. 17, 1978

92 STAT. 1340

AM.

49 USC 10103.

(26) "water carrier" means a water common carrier and a water contract carrier. '"* (27) "water common carrier" means a person holding itself out to the general public to provide water transportation for (28) "water contract carrier" means a person, other than a transportation on a vessel provided to a person other than a carrier subject to the jurisdiction of the Commission under this •' subtitle when the vessel is used to transport only the property of the other person. § 10103. Remedies as cumulative The remedies provided under this subtitle are in addition to remedies existing under another law or at common law. CHAPTER 103—INTERSTATE COMMERCE COMMISSION SUBCHAPTER I—ORGANIZATION Sec
 * compensation.
 * water common carrier, providing water transportation for compensation under an agreement with another person, including

10301. 10302. 10303. 10304. 10305. 10306. 10307. 10308. 10309. 10310. 10311.

General. .>.;,,.. "i-.••••,,.• ':;''•' - -Divisions of the Commission. Secretary of the Commission; public records. Employee boards. Delegation of authority. Conduct of proceedings. OflBce and sessions. Admission to practice. Access to records by congressional committees. Reporting official action. Annual report.

SUBCHAPTER II—ADMINISTRATIVE 10321. 10322. 10323. 10324. 10325. 10326. 10327. 10328. 10329. 10330.

Powers. Initial decisions—nonrail proceedings. Reheaving, reargument, and reconsideration—^nonrail proceedings. Counnission action. ' Judicial review—nonrail proceedings. Limitations in rulemaking proceedings related to rail carriers. Commission action and appellate procedure in rail carrier proceedings. Intervention. Service of notice in Commission proceedings. Service of process in court proceedings.

SUBCHAPTER III — JOINT BOARDS 10341. 10342. 10343. 10344.

?

Jurisdiction. Establishment. Powers. Administration.

SUBCHAPTER IV—RAIL SERVICES PLANNING OFFICE 10361. 10362. 10363. 10364.

Organization. Duties. Director. Powers.

M

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Page:United States Statutes at Large Volume 92 Part 2.djvu/61

 PUBLIC LAW 95-473—OCT. 17, 1978

92 STAT. 1341

SUBCHAPTER V—OFFICE OF RAIL PUBLIC COUNSEL 10381. 10382. 10383. 10384. 10385. 10386. 10387. 10388.

Organization. Duties; standing. Director. Office staff. Powers. Reports. Budget requests and estimates. Authorizations of appropriations

SUBCHAPTER I—ORGANIZATION § 10301. General 49 USC I030l. (a) The Interstate Commerce Commission is an independent establishment of the United States Government. (b) The Commission is composed of 11 members appointed by the Membership. President, by and with the advice and consent of the Senate. The Chairman. President shall designate one of the members as Chairman. Not moie than 6 members may be appointed from the same political party. (c) The term of each member of the Commission is 7 years and be- Term. gins 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. .j.. is 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. The President may remove a member for inefficiency, neglect of duty, or malfeasance in office. (d) A member of the Commission 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. (e) A vacancy in the membership of the Commission does not impair the right of the remaining members to exercise all of the powers of the Commission. The Commission may designate a member to act as Chairman during any period in which there is no Chairman ^ designated by the President. (f) Subject to the general policies, decisions, findings, and deter- Responsibilities, minations of the Commission, the Chairman is responsible for administering the Commission. The Chairman may delegate the powers granted under this subsection to an officer, employee, or administrative Dd'j unit of the Commission. The Chairman shall— (1) appoint and supervise, other than regular and full time employees in the immediate offices of another member, the officers and employees of the Commission, including attorneys to provide legal aid and service to the Commission and its members, to represent the public interest in investigations and proceedings of the Commission, and to represent the Commission in any case in court; (2) appoint the heads of major administrative units with the approval of the Commission; (3) distribute Commission business among officers and employees and administrative units of the Commission; (4) prepare requests for appropriations for the Commission and submit those requests to the President and Congress with the prior approval of the Commission; and

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Page:United States Statutes at Large Volume 92 Part 2.djvu/62

 92 STAT. 1342

PUBLIC LAW 95-473—OCT. 17, 1978

(5) supervise the expenditure of funds allocated by the Com', mission for major programs and purposes. (g) The Commission shall have a seal that shall be judicially recognized. (h) The expenses of the Commission shall be paid after presentation and approval by the Chairman of itemized vouchers. 49 USC 10302. § 10302. Divisions of the Commission (a) The Interstate Commerce Commission may establish and assign Commissioners to serve on as many divisions as may be necessary and may designate any division as an appellate division. Each division shall be composed of at least 3 Commissioners. The Commission may assign a Commissioner to serve on more than one division. (b) Unless otherwise directed by the Commission— (1) the Commissioner senior in service of the Commissioners •: on a division is chairman of the division; and (2) the Chairman of the Commission, or another Commissioner designated by the Chairman, may serve on a division temporarily, when there is a vacancy in the membership of the division r-n^'or when another Commissioner is absent or unable to serve. (c) The Commission shall designate each division numerically or by a term descriptive of the function of that division. 49 USC 10303. § 10303. Secretary of the Commission; public records (a) The Chairman of the Interstate Commerce Commission, with its approval, shall appoint the Secretary of the Commission. (b) The Secretary is the custodian of public records filed with the Commission. Copies of classifications, tariffs, and all arrangements filed with the Commission under this subtitle, and the statistics, tables, and figures contained in reports made to the Commission under this subtitle, are public records. A public record, or a copy or extract of it, certified by the Secretary under the seal of the Commission is competent evidence in a proceeding of the Commission and in a judicial proceeding. 49 USC 10304. § 10304. Employee boards The Interstate Commerce Commission may establish employee ^, boards composed of at least 3 employees. An employee who is a director or assistant director of a bureau, a chief of a section, an employee designated by the Commission, or an attorney may serve on a board. 49 USC 10305. § 10305. Delegation of authority (a) The Interstate Commerce Commission may delegate to a division, an individual Commissioner, an employee board, or an employee appointed under section 3105 of title 5, a matter before the Commission for action, including a matter referred to it by either House of Congress or by Congress. However, the Commission may not delegate a matter required to be referred to a joint board under section 10341 of this title, or a function vested in the Commission under this chapter. The Commission may change or rescind a delegation under this subsection at any time. "WTien a Commissioner or employee cannot act on a matter delegated under this section because of absence or another reason, the Chairman of the Commission may designate another Commissioner or employee, as the case may be, to serve temporarily until the Commission otherwise orders. (b) Delegation to a division of a matter related to the validity of rates shall be made according to the character of regulation exercised.

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Page:Folk-lore - A Quarterly Review. Volume 10, 1899.djvu/227

 CHRISTMAS MUMMERS, NEWBOLD.

HUMPTY JACK, HIS WIFE AND FAMILY ON HIS BACK [To face page 192.


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Page:United States Statutes at Large Volume 92 Part 2.djvu/63

 PUBLIC LAW 95-473—OCT. 17, 1978

92 STAT. 1343

The delegation of any such matter may not be made according to the kind or class of carrier involved or to the form or mode of transportation in which that carrier may be engaged. (c) A division, individual Commissioner, employee board, or an employee may act on a matter delegated under subsection (a) of this section. Vhen acting under this section, a division, individual Commissioner, board, or an employee has the same power and authority and is subject to the same duties and obligations as the Commission. Action taken under this section has the same force and is taken in the same manner as if taken by the Commission. § 10306. Conduct of proceedings 49 USC 10306. (a) A majority of the Interstate Commerce Commission, a division, or an employee board is a quorum for the transaction of business. A Commissioner, the Secretary of the Commission, a member of an employee board, or an employee delegated to act under section 10805 of this title may administer oaths. (b) A party may appear and be heard before the Commission, a division, an individual Commissioner, a board, or an employee delegated to act under section 10305 of this title in person or by an individual admitted to practice under section 10308 of this title. A hearing before the Commission, a division, an individual Commissioner, a board, or an employee shall be made public on the request of an interested party. (c) The Commission shall conform its forms for giving notice and their manner of service, to the extent practical, to those used by the courts of the United States. (d) Votes and other official acts of the Commission, a division, an individual Commissioner, an employee board, or an employee delegated to act under section 10305 of this title shall be recorded and shall be made public on the request of an interested party. (e) A member of a board and an employee delegated to act under section 10305 of this title may not have a pecuniary interest in, hold an official relation to, or own securities of a carrier providing transportation by any mode. (f) The Commission shall review at least once every 3 years and Rail carriers revise as necessary the rules of practice for matters related to rail practice rules, carriers adopted under section 305(c) of the Railroad Revitalization review. and Regulatory Reform Act of 1976 (90 Stat. 53). 49 USC 17 note. 49 USC 10307. § 10307. Office and sessions (a) The principal office of the Interstate Commerce Commission is in the District of Columbia. Until otherwise provided by law, the Commission may obtain suitable offices for its use and may procure all necessary office supplies. (b) General sessions of the Commission are held at its principal office. However, the Commission may hold special sessions in any part of the United States, for the convenience of the public or the parties and to avoid delay and expense. The Commission, an individual Commissioner, an employee board, or an employee delegated to act under section 10305 of this title may conduct proceedings under this subtitle in any part of the United States for the convenience of the parties. 49 USC 10308. § 10308. Admission to practice ^ Subject to section 500 of title 5, the Interstate Commerce Commis- Fee. sion may regulate the admission of individuals to practice before it and may impose a reasonable admission fee.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/64

 92 STAT. 1344 49 USC 10309.

Report to congressional committee.

49 USC 10310.

.&W-

PUBLIC LAW 95-473—OCT. 17, 1978

§ 10309. Access to records by congressional committees (a) When the Committee on Interstate and Foreign Commerce of the House of Representatives or the Committee on Commerce, Science, and Transportation of the Senate makes a written request for a record in the possession or under the control of the Interstate Commerce Commission related to a matter involving a rail carrier providing transportation subject to this subtitle, the Commission shall send that record or a copy to the committee by the 10th day after the date of receipt of the request. If the record is not sent, the Commission shall send a written report to that committee within the 10-day period stating the reason why the record has not been sent and the anticipated date on which it will be sent. If the Commission transfers a record in its possession or under its control to another department, agency, or instrumentality of the United States Government, or to a person, it must condition the transfer on the guaranteed return of the record by the transferee to the Commission so that the Commission can comply with this subsection. (b) Subsection (a) of this section does not apply to a record obtained by the Commission from a person subject to regulation by it if the record contains trade secrets or commercial or financial information of a privileged or confidential nature. Subsection (a) of this section does not limit other authority of Congress, either House of Congress, or a committee or subcommittee of either House, to obtain a record. § 10310. Reporting official action (a) The Interstate Commerce Commission shall make a written report of each proceeding conducted on complaint or on its own initiative and furnish a copy to each party to that proceeding. The report shall include the findings, conclusions, and the order of the Commission and, if damages are awarded, the findings of fact supporting the award. The Commission may have its reports published for public use. A published report of the Commission is competent evidence of its contents. (b)(1) When action of the Commission in a matter related to a rail carrier is taken by the Commission, a division, a group of Commissioners, an individual Commissioner, an employee board, an employee delegated to act under section 10305 of this title, or another individual or group of individuals designated to take official action for the Commission, the written statement of that action (including a report, order, decision and order, vote, notice, letter, policj'^ statements, or regulation) shall indicate— (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) of this subsection 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.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/65

 PUBLIC LAW 95-473—OCT. 17, 1978

92 STAT. 1345

§ 10311. Annual report 49 USC 10311. The Interstate Commerce Commission shall prepare and send to Submittal to Congress an annual report before April 3 of each year. The Commis- Congress, sion shall include in the annual report information that may be of value in answering questions related to regulation of transportation and the names and pay of individuals employed by the Commission. The Commission may include in its annual report, or send to Congress at any time, recommendations for additional legislation related to regulation of transportation. SUBCHAPTER II—ADMINISTRATIVE § 10321. Powers (a) The Interstate Commerce Commission shall carry out this subtitle. Enumeration of a power of the Commission in this subtitle does not exclude another power the Commission may have in carrying out this subtitle. The Commission may prescribe regulations in carrying out this subtitle. (b) The Commission may—• (1) inquire into and report on the management of the business of carriers providing, and brokers for, transportation and service subject to this subtitle; (2) inquire into and report on the management of the business of a person controlling, controlled by, or under common control with those carriers or brokers to the extent that the business of that person is related to the management of the business of that carrier or broker; and (3) obtain from those carriers, brokers, and persons information the Commission decides is necessary to carry out this subtitle. (c)(1) The Commission, an individual Commissioner, an employee board, and an employee delegated to act under section 10305 of this title may subpena witnesses and records related to a proceeding of the Commission from any place in the United States, to the designated place of the proceeding. If a witness disobeys a subpena, the Commission, or a party to a proceeding before the Commission, may petition a court of the United States to enforce that subpena. (2) Subpenas may be signed by a Commissioner, the Secretary of the Commission, or a member of a board when the subpena relates to a matter delegated to the board under section 10305 of this title. (3) The district courts of the United States have jurisdiction to enforce a subpena issued under this section. Trial is in the district in which the proceeding is conducted. The court may punish a refusal to obey a subpena as a contempt of court. (d)(1) In a proceeding, the Commission may take the testimony of a witness by deposition and may order the witness to produce records. A party to a proceeding pending before the Commission may take the testimony of a witness by deposition and may require the witness to produce records at any time after a proceeding is at issue on petition and answer. (2) If a witness fails to be deposed or to produce records under paragraph (1) of this subsection, the Commission may subpena 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, a clerk of a district court, or a chancellor, justice, or judge of a supreme or superior court, mayor

39-194 O—80—pt. 2

5: QL3

49 USC 10321.

Regulations,

Subpenas.

Depositions.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/66

 92 STAT. 1346 ifiu

PUBLIC LAW 95-473—OCT. 17, 1978

i > or chief magistrate of a city, judge of a county court, or court of com,,J, inon pleas of any State, or a notary public who is not counsel or at, torney 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. J;.i; (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 Commission or agreed on by the parties by written stipulation filed with the Commission. A deposition shall be filed with the Commission promptly. (e) Each witness summoned before the Commission 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. 49 USC 10322. § 10322. Initial decisions—nonrail proceedings (a) When testimony is taken at a public hearing, an individual Commissioner, an employee board, oi' an employee delegated to act under section 10305 of this title shall issue an initial decision that Filing. includes a statement of reasons for the decision and an order. The decision and order shall be filed with the Interstate Commerce Commission. An initial decision becomes an action of the Commission on the 20th day after the initial decision is served on the interested parties, ':•! including persons referred to in section 10328(b) of this title if the proceeding involves a motor carrier, unless— (1) an exception to the initial decision is filed by an interested ,. party during that 20-day period or by the end of an extended period if authorized by the Commission, or a division or board designated by the Commission; or (2) the Commission, or a division or board designated by the Commission, stays or postpones the initial decision. Review. (b) Before an initial decision of an individual Commissioner, a board, or an employee becomes an action of the Commission, a division or board designated by the Commission, or the Commission, may review the initial decision on its own initiative and shall review the initial decision if exception to it is filed under subsection (a)(1) of this section. An initial decision may be reviewed on the record on r. j < which it is based or by a further hearing. If an initial decision is reviewed, it is stayed or postponed pending final determination of the matter, and it is an action of the Commission only after the final determination is made. 49 USC 10323. § 10323. Rehearing, reargument, and reconsideration—nonrail proceedings (a) The Interstate Commerce Commission may grant rehearing, reargument, or reconsideration of a decision that has become an action of the Commission. A party to the proceeding may apply for rehearing, reargument, or reconsideration under Commission regulations. Except as provided in subsection (b)(2) of this section, the Commission

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Page:United States Statutes at Large Volume 92 Part 2.djvu/67

 !'-S3^««%-'

PUBLIC LAW 95-473—OCT. 17, 1978

92 STAT. 1347

may limit the right to apply for rehearing, reargument, or reconsideration of a decision of the Commission or a division to a proceeding or class of proceedings involving issues of general transportation importance. (b)(1) An application for rehearing, reargument, or reconsideration shall be considered and acted on— (A) by the Commission if the action of the Commission was taken by it; or (B) by the Commission, or by an appellate division designated by the Commission, if the initial decision was made by a division, individual Commissioner, board, or employee. (2) An application for rehearing, reargument, or reconsideration shall be granted and referred to an appellate division for action if— (A) the matter was delegated for an initial decision to an individual Commissioner, board, or employee; (B) the application is filed by the 20th day after the date the initial decision became an action of the Commission under sec' tion 10322(a) of this title; and (C) the matter has not been previously reviewed under section 10322(b) of this title. (c) The Commission or an appellate division may change a decision of a division, an individual Commissioner, board, or employee if the decision appears unreasonable after rehearing, reargument, or reconsideration. However, the subsequent decision is subject to rehearing, reargument, or reconsideration under this section. 49 USC 10324. §10324. Commission action (a) Unless otherwise provided in this subtitle, the Interstate Commerce Commission may determine, within a reasonable time, when its actions, other than an action ordering the payment of money, take effect. However, an action of the Commission in a proceeding involving a motor carrier, a broker, a water carrier, or freight forwarder may not take effect for 30 days. (b) An action of the Commission remains in effect under its own terms or until superseded. The Commission may change, suspend, or 5et aside any such action on notice. Notice may be given in a manner determined by the Commission. A court of competent jurisdiction may suspend or set aside any such action. (c) An action of the Commission is enforceable unless— (1) application for rehearing, reargument, or reconsideration is made under section 10323 of this title before the effective date of the action; or (2) the Commission stays or postpones the action. § 10325. Judicial review—nonrail proceedings 49 USC 10325. A civil action to enforce, enjoin, suspend, or set aside an action of the Interstate Commerce Commission taken by a division, individual Commissioner, employee board, or employee delegated to act under section 10305 of this title may be started in a court of the United States only— (1) on denial of an application for rehearing, reargument, or j reconsideration; or (2) if the application is granted, after a rehearing, reargument, reconsideration or other disposition by the Commission or an appellate division under section 10323 of this title.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/68

 92 STAT. 1348

PUBLIC LAW 95-473—OCT. 17, 1978

§ 10326. Limitations in rulemaking proceedings related to rail carriers Petitions. (a) When, under section 553(e) of title 5, an interested person (including a governmental authority) petitions the Interstate Commerce Conuiiission to begin a rulemaking proceeding in a matter related to a rail carrier providing transportation subject to this subtitle, the Commission, or a division, an individual Commissioner, an employee board, an employee delegated to act under section 10305 of this title, or another person authorized to act on behalf of the Commission for any part of the proceeding, shall grant or deny that petition by the 120th day after receiving it. If the petition is granted, the Commission, or its delegate, shall begin an appropriate proceeding as soon as practicable. If the petition is denied, the reasons for the Publication in Federal Register. denial shall be published in the Federal Register. Civil action. (b)(1) If a petition is denied or action is not taken within the 120-day period under subsection (a) of this section, the petitioner may begin a civil action in an appropriate court of appeals of the United States for an order directing the Commission to begin a proceeding to take the action requested in the petition. A civil action under this subsection must be filed by the 60th day after the date of the denial or by the 60th day after the end of the 120-day period, whichever is appropriate. (2) The court of appeals shall order the Commission to begin the action requested in the petition to the Commission if the court finds that the action requested in that petition is necessary and failure to take that action will result in the continuation of practices that are not consistent with the public interest or are not in accordance with this subtitle. The finding of the court must be based on a preponderance of the evidence in the record before the Commission or its delegate, or, if the civil action is based on a petition on which action was not taken, in a new proceeding before the court. The court may not require the Commission to take action under this subtitle other than to begin a rulemaking proceeding. 49 USC 10327. § 10327. Commission action and appellate procedure in rail carrier proceedings (a) Notwithstanding sections 10322, 10323, and 10324(c) of this title, this section applies to a matter before the Interstate Commerce Commission involving a rail carrier providing transportation subject to the jurisdiction of the Commission under subchapter I of chapter 105 of this title. However, other sections of this subtitle related to action of the Commission in proceedings involving rail carriers supersede this section to the extent that they are inconsistent with the provisions of this section related to deadlines. Initial decisions. (b) A division, individual Commissioner, employee board, or employee delegated under section 10305 of this title to make an initial decision in a matter related to one of those rail carriers shall complete all evidentiary proceedings related to the matter by the 180th day after assignment of the matter. The initial decision shall be submitted to the Commission in writing. If evidence is submitted in writing or testimony is taken at a public hearing, the initial decision shall be submitted to the Commission in writing by the 120th day after completion of all evidentiary proceedings and shall include— (1) specific findings of fact; (2) specific and separa,te conclusions of law; 49 USC 10326.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/69

 PUBLIC LAW 9 5 - 4 7 3 ^ 0 C T. 17, 1978

92 STAT. 1349

(3) an order; and (4) justification of the findings of fact, conclusions of law, and order. (c) The Commission, or a division designated by the Commission, may void the requirement of an initial decision under subsection (b) of this section and may require the matter to be considered by the Commission or that division on finding that the matter involves a question of Commission policy, a new or novel issue of law, or an issue of general transportation importance, or that it is required for the timely execution of its functions. (d) In a proceeding under this section, after the parties have had at least an opportunity to submit evidence in written form, the Commission shall give them an opportunity for briefs, written statements, or conferences of the parties. A conference of the parties must be chaired by a division, an individual Commissioner, an employee board, an employee delegated to act under section 10305 of this title, or an employee designated by the Commission. (e) Copies of an initial decision under subsection (b) of this section shall be served on the interested parties. An initial decision becomes an action of the Commission on the 20th day after it is served on the interested parties, unless— (1) an interested party files an appeal during the 20-day period, -! or by the end of an additional period of not more than 20 days, if authorized by the Commission or division designated by the Commission; or (2) the Commission stays or postpones the initial decision under subsection (g)(2) or (j) of this section within the period or additional period referred to in clause (1) of this subsection. (f)(1) Before an initial decision becomes an action of the Commis- Review, sion, the Commission, or a division or board designated by the Commission, may review the initial decision on its own initiative, and shall review an initial decision if an appeal is filed under subsection (e)(1) of this section. However, a board may not decide an appeal from an initial decision if the appeal may be further appealed to the Commission. (2) An initial decision may be reviewed on the record on which it is based or by a further hearing. If an initial decision is reviewed, it shall be stayeid pending final determination of the matter, and it is an action of the Commission only after the final determination is made. If an appeal is filed under subsection (e)(1) of this section, the final determination shall be made by the 180th day after the appeal is filed. (3) Review of, or appeal from, an initial decision shall be conducted under section 557 of title 5. The Commission may prescribe rules limit- Rules, ing and defining the issues and pleadings on review under section 557 (b) of that title. (g)(1) The Commission may, at any time on its own initiative because of material error, new evidence, or substantially changed circumstances— (A) reopen a proceeding; (B) grant rehearing, reargument, or reconsideration of an action of the Commission; and (C) change an action of the Commission. An interested party may petition to reopen and reconsider an action of Petition, the Commission under this paragraph under regulations of the Commission.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/70

 92 STAT. 1350

PUBLIC LAW 95-473—OCT. 17, 1978

(2) The Commission may grant a rehearing, reargument, or reconsideration of an action of the Commission that was taken by a division designated by the Commission if it finds that— (A) the action involves a matter of general transportation importance; or (B) the action would be affected materially because of clear and convincing new evidence or changed circumstances. Petition. An interested party may petition for rehearing, reargument, or reconsideration of an action of the Commission under this paragraph under regulations of the Commission. The Commission may stay an action pending a final determination under this paragraph. The Commission shall complete reconsideration and take final action by the 120th day after the petition is granted. (h) An action of the Commission under this section and an action of a designated division under subsection (c) of this section is effective on the 30th day after service on the parties to the proceeding unless the Commission provides for it to become effective on an earlier date. (i) Notwithstanding this subtitle, an action of the Commission under this section and an action of a designated division under subsection (c) of this section is final on the date on which it is served, and a civil action to enforce, enjoin, suspend, or set aside the action may be filed after that date. Extensions. (j) The Commission may extend a time period established by this section for a period of not more than 90 days. The extension shall be granted if a majority of the Commissioners agree to it by public vote. Annual report to T'he Commission shall send a written annual report to each House of G>ngress. Congress about extensions granted under this subsection. The report shall specify each extension granted (classified by the type of proceedI- ing involved) together with the reasons for and duration of each extension. (k) If an extension granted under subsection (j) of this section is not sufficient to allow for completion of necessary proceedings, the Commission may grant a further extension in an extraordinary situation if— (1) at least 7 Commissioners agree to the further extension by public vote; and (2) not later than the 15th day before expiration of the extension granted under subsection (j) of this section, the Commission submits a written report to the Congress that a further extension has been granted. The report shall include— (A) a full explanation of the reasons for the further extension; .,. (B) the anticipated duration of the further extension; ':• \ • (C) the issues involved in the matter before the Commission; and (D) the names of personnel of the Commission working on the matter. 49 USC 10328. § 10328. Intervention (a) Designated representatives of employees of a carrier may intervene and be heard in a proceeding arising under this subtitle that affects those employees. (b) Under regulations of the Interstate Commerce Commission, • •' '• reasonable notice of, and an opportunity to intervene and participate in, a proceeding under this subtitle related to transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title that is, or is proposed to be, provided in a State shall

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Page:United States Statutes at Large Volume 92 Part 2.djvu/71

 PUBLIC LAW 95-473—OCT. 17, 1978

92 STAT. 1351

be given to interested persons and to the authority of that State having jurisdiction to regulate transportation by motor vehicles in intrastate commerce on the highways of that State, or, if there is no such authority, to the chief executive officer of the State. § 10329. Service of notice in Commission proceedings 49 USC 10329. (a)(1) A common carrier providing transportation subject to the Agent jurisdiction of the Interstate Commerce Commission under subchapter designation. I of chapter 105 of this title shall designate an agent in the District of Columbia, on whom service of notices in a proceeding before, and of actions of, the Commission may be made. (2) A motor carrier, a broker, a water carrier, or a freight forwarder providing transportation or service subject to the jurisdiction of the Commission under subchapter II, III, or IV of chapter 105 of this title shall designate an agent by name and post office address on whom service of notices in a proceeding before, and of actions of, the Commission may be made. (b) A designation under subsection (a) of this section shall be in writing and filed with the Commission. A motor carrier or broker providing transportation under a certificate or permit issued under this subtitle shall also 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 oi that State. The designation may be changed at any time in the same manner as originally made. (c) Except as otherwise provided, notices of the Commission shall be served as follows: (1) A notice of the Commission to a rail, express, sleeping car, or pipeline carrier is served on its designated agent at the office or usual place of residence in the District of Columbia of that agent. A notice of action of the Commission shall be served immediately on the agent or in another manner provided by law. If that carrier does not have a designated agent, service may be ' made by posting the notice in the office of the Secretary of the Commission. (2) A notice to a motor carrier or broker is served personally or j by mail on the motor carrier or broker 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 a motor carrier or broker does not have a designated agent, service may be made by posting a cop.y 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 or broker maintains headquarters and in the office of the Secretary of the Commission. (3) A notice to a water carrier or freight forwarder is served personally or by mail on the water carrier or freight forwarder 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 notice is served. If a water carrier or freight forwarder does not have a designated agent, service may be made by posting the notice in the office of the Secretary of the Commission. (d) In a proceeding involving the lawfulness of classifications, rates, or practices of (1) a rail, express, sleeping car, or pipeline car-

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Page:Folk-lore - A Quarterly Review. Volume 10, 1899.djvu/230

 BEELZEBUB FATHER CHRISTMAS.

CHRISTMAS MUMMERS, NEWBOLD. [To face page 193.


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Page:United States Statutes at Large Volume 92 Part 2.djvu/72

 92 STAT. 1352

49 USC 10330. Agent designation.

PUBLIC LAW 95-473—OCT. 17, 1978

rier that has not designated an agent under this section, or (2) a freight forwarder, service of notice of the Commission on an attorney in fact who filed the tariff for the carrier constitutes service of notice on the carrier. (e) I n a proceeding involving the lawfulness of classifications, rates, or practices--(1) service of notice of the suspension of a tariff oi\ an attorney in fact of a carrier or broker, except a freight forwarder, constitutes service of notice on the carrier or broker if that attorney filed the tariff and, if the carrier is a water carrier, the notice specifies the classifications, rates, or practices involved; and (2) service of notice of the suspension of a joint tariff or schedule on a carrier or a broker, except a freight forwarder, that filed that tariff or schedule to which another carrier or broker is a party and, if the carrier is a water carrier, the notice specifies the classifications, rates, or practices involved, constitutes service of notice on all carriers or brokers that are parties to the joint tariff. Service of notice under this subsection may be made by mail on that attorney or carrier at the address shown in the tariff. § 10330. Service of process in court proceedings (a) A common carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of chapter 105 of this title shall designate an agent in the District of Columbia on whom service of process in an action before a district court may be made. Except as otherwise provided, process in an action before a district court shall be served on the designated agent of that carrier at the office or usual place of residence in the District of Columbia of that agent. If the carrier does not have a designated agent, service may be made by posting the notice in the office of the Secretary of the Commission. (b) A motor carrier or broker providing transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title, including a motor carrier or broker operating within 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 or broker. The designation shall be in writing and filed with the Commission and with the authority of each State in which the motor carrier or broker 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 or broker within that State. (c) A designation under this section may be changed at any time in the same manner as originally made. SUBCHAPTER III — JOINT BOAKDS

49 USC 10341.

§10341. Jurisdiction (a) The Interstate Commerce Commission may refer a matter related to motor carriers providing, or brokers for, transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title, to a joint board established under section 10342 of

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Page:United States Statutes at Large Volume 92 Part 2.djvu/73

 PUBLIC LAW 95-473—OCT. 17, 1978 this title for action. When the operation of a motor carrier or broker involves not more than 3 States, the Commission shall refer the following matters to a joint board for action when an opportunity for a proceeding is required or when the Commission finds that it is desirable: (1^ an application for a certificate, permit, or license. (2) a suspension, change, or revocation of a certificate, permit, or license. (3) an application for approval and authorization of a consolidation, merger, or acquisition of control or of an operating contract. (4) a complaint about a violation by a motor carrier or broker of a requirement established under section 10321(a), 10525, 11101 (b), or 11142(b) of this title. (5) a complaint about rates of motor carriers or practices of brokers. (b) Notwithstanding subsection (a) of this sectiori, if the Commission is prevented by legal proceedings from referring a matter to a joint board, the Commission may determine the matter under subchapter II of this chapter. §10342. Establishment (a) The Interstate Commerce Commission may establish and abolish joint boards as necessary to carry out section 10341 of this title. Except as provided in this section, a joint board is composed of a member from each State in which transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title is, or is proposed to be, provided. The Commission may appoint an individual nominated under subsection (b) of this section as a member of a joint board. (b) The member of a joint board from a State shall be nominated by the State authority having jurisdiction to regulate intrastate transportation by motor vehicle on the highways of that State. If there is no such authority in that State or if that authority does not nominate a member when requested by the Commission, the chief executive officer of the State may nominate the member. If both that State authority and the chief executive officer of that State do not nominate a member when requested, the board is constituted without a member from that State if the Commission has appointed members for at least 2 other States to the board. (c) When a matter required to be referred to a joint board involves the operation of a motor carrier in or through a place outside the United States, if only one State is involved or if only one State nominates an individual to be a member of the joint board, that State may nominate and the Commission may appoint not more than 3 members to the board. (d) A substitution in the membership of a joint board may be made at any time in the same manner as an initial nomination and appointment under this section. §10343. Powers (a) When conducting a proceeding involving a matter referred under section 10341 of this title, a joint board may make an initial decision under section 10322 of this title. Subchapter II of this chapter applies to an initial decision of a joint board. However, a joint board may report to the Interstate Commerce Commission its conclusions on evidence received without making an initial decision. When a joint board makes a report instead of an initial decision, the Commission

92 STAT. 1353

Post, pp. 1419, 1425.

49 USC 10342. Membership. -

49 USC 10343.

Report.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/74

 92 STAT. 1354

Waiver.

49 USC 10344.

Travel expenses.

Conflict of interest, prohibition. Facilities.

PUBLIC LAW 95-473—OCT. 17, 1978

shall decide the matter. The Commission may consider the conclusions of the joint board in making its decision. (b) A joint board may make an initial decision or report of its conclusions only by a majority vote. However, if only one member of the board participates in the proceeding, that member shall make the initial decision alone. (c) When a member of a joint board does not participate in a proceeding referred to that board, after notice of the proceeding, the State from which that member was appointed waives its right to act in that proceeding. The waiver does not affect the duty or power of remaining members of the board to continue the proceeding and make an initial decision. (d) In addition to decisions made under subsection (a) of this section, the Commission shall decide a matter referred to a joint board when— (1) the authority of each State from which a member of the ? board may be appointed waives action on a matter referred to (2) a joint board does not act, or cannot agree, on a matter referred to it in 45 days after the matter is referred to it (or in r another period authorized by the Commission); or •^ (3) a member is nominated for only one State, except as provided in section 10342(c) of this title. § 10344. Administration (a) Meetings and procedures of joint boards shall be conducted under regulations of the Interstate Commerce Commission. The Commission may designate an employee appointed under section 3105 of title 5 to advise and assist a joint board, (b) When practicable and when directed by the Commission, a proceeding involving a matter referred to a joint board shall be held at a place in the United States that is convenient to the parties to the proceeding. (c) The members of joint boards and employees designated to advise and assist them under subsection (a) of this section may administer oaths, subpena witnesses and the production of records, and take depositions under section 10321 of this title related to matters referred to the boards. (d) When carrying out this subtitle, members of joint boards shall receive an allowance for travel and subsistence expenses as the Commission shall provide. (e) A member of a joint board may not have a pecuniary interest in, hold an official relation to, or own securities of, a carrier providing transportation by any mode. (f) The Administrator of General Services shall assign space and facilities in the Interstate Commerce Commission building not required by the Commission for the use of the national organization of the State commissions and their representatives. The space and facilities shall be available for the use of joint boards and for members and representatives of those boards cooperating with the Commission or with another department, agency, or instrumentality of the United States Government. If suitable space is not available in the Interstate Commerce Commission building, the Administrator shall assign space in another building in convenient proximity to it.
 * that board;

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Page:United States Statutes at Large Volume 92 Part 2.djvu/75

 PUBLIC LAW 95-473—OCT. 17, 1978

92 STAT. 1355

SUBCHAPTER IV—RAIL SERVICES PLANNING OFFICE § 10361. Organization 49 USC 10361. The Rail Services Planning Office is an office in the Interstate Commerce Commission. 49 USC 10362. §10362. Duties Definitions. (a) In this section— (1) "avoidable costs of providing transportation", "reasonable management fee", "reasonable return on the value", and "revenue attributable to the rail properties" have the same meanings as they have when used in section 744 of title 45. (2) "avoidable cost of providing rail freight transportation" has the same meaning as it has when used in section 10905(b)(2) Post, p. 1405. (A) of this title. Assistance. (b) The Rail Services Planning Office shall— (1) assist the Interstate Commerce Commission in studying and evaluating proposals, submitted to the Commission under subchapter III of chapter 113 of this title for a merger, consolidation, Post, p. 1434. unification, or coordination project, joint use of tracks or other facilities, or acquisition or sale of assets involving a rail carrier subject to this subtitle; (2) assist the Commission in developing, with respect to economic regulation of transportation, policies likely to result in a more competitive, energy-efficient, and coordinated transportation system using each mode of transportation to its maximum advantage to meet the transportation needs of the United States; (3) assist States and local and regional transportation au- Criteria. thorities in deciding whether to provide rail transportation continuation subsidies to continue in operation particular rail properties, by establishing criteria for determining whether particular rail properties are suitable for rail transportation continuation subsidies; (4) conduct continuously an analysis of the national rail trans- Analysis and portation needs, evaluate the policies, plans, and programs of the evaluation. Commission on the basis of the analysis, and advise the Commission of the results of the evaluation; Regulations. (5) maintain regulations that contain— (A) standards for the computation of subsidies for rail passenger service (except passenger transportation compensation disputes subject to the jurisdiction of the Commission under section 562(a) of title 45) that are consistent with the compensation principles described in the final system plan established under the Regional Rail Reorganization Act of 1973 (87 Stat. 985), as amended, and which avoid cross- 45 USC 701 note. subsidization among commuter, intercity, and freight rail transportation; and (B) standards for determining emergency commuter rail passenger transportation operating payments under section 49 USC 1613. 1613 of this title; (6) maintain, and from time to time revise and republish after a proceeding under section 553 of title 5, standards for determining the revenue attributable to the rail properties, the avoidable costs of providing transportation, a reasonable returU on the value, and a reasonable management fee; (7) maintain regulations that—

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Page:United States Statutes at Large Volume 92 Part 2.djvu/76

 92 STAT. 1356 Accounting system.

49 USC 10363.

5 USC 5101 et seq., 5331.

49 USC 10364.

PUBLIC LAW 95-473—OCT. 17, 1978 >5'*f

(A) develop an accounting system permitting the collection and publication by the Consolidated Rail Corporation or by profitable rail carriers providing transportation I,; over lines scheduled for abandonment, of information necessary for an accurate determination of the attributable revenues, avoidable costs, and operations of light density lines as operating and economic units: and (B) determine the avoidable cost of providing rail freight transportation; and (8) carry out other duties conferred on the Office by law. (c) The criteria referred to in subsection (b)(3) of this section shall provide that rail properties are suitable for rail transportation continuation subsidies if the cost of the required subsidy to the taxpayers for the properties each year is less than— (1) the cost of termination of rail transportation over the properties measured by increased fuel consumption and operational costs for alternative modes of transportation; (2) the cost to the gross national product in terms of reduced output of goods and services; (3) the cost of relocating or assisting, through unemployment, retraining, and welfare benefits, individuals and firms adversely affected if the rail transportation is terminated; and (4) the cost to the environment measured by damage caused by increased pollution. (d) The Office may at any time revise and republish the standards and regulations required by this section to incorporate changes made necessary by the accounting system developed under subsection (b)(7) of this section. §10363. Director (a) The Director is the head of the Rail Services Planning Office and is responsible for administering and carrying out the duties of the Office. (b) The Director is appointed for a term of 6 years by the Chairman of the Interstate Commerce Commission with the concurrence of at least 5 members of the Commission. The Director may be removed by the Commission only for cause. (c) The Director is appointed without regard to those provisions of title 5 governing appointments in the competitive service and is paid without regard to chapter 51 and subchapter ITI of chapter 53 of title 5. However, the annual rate of basic pay of the Director may not exceed the rate for GS-18. (d) The Director is subject to the direction of, and shall report to, a Commissioner or the Chairman, as designated by the Chairman. § 10364. Powers (a) With the concurrence of the Commissioner designated under section 10363(d) of this title or, if the Director of the Rail Services Planning Office and the Commissioner disagree (and that Commissioner is not the Chairman), with the concurrence of the Chairman of the Commission, the Director may enter into agreements or other transactions necessary to carry out the duties of the Office. The transactions may be entered into with any person, including a governmental authority, and without regard to section 5 of title 41. (b) On written request of the Director for assistance, each department, agency, and instrumentality of the United States Government

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Page:United States Statutes at Large Volume 92 Part 2.djvu/77

 PUBLIC LAW 95-473~OCT. 17, 1978

92 STAT. 1357

shall consider the request, and may furnish assistance the Director considers necessary to carry out the duties of the Office. Assistance may be furnished on a reimbursable or nonreimbursable basis. Assistance includes the transfer of an officer or employee, with the consent, and without prejudice to the position and rating, of the officer or employee.

SUBCHAPTER V—OFFICE OF RAIL PUBLIC COUNSEL §10381. Organization The Office of Rail Public Counsel is an independent office affiliated with the Interstate Commerce Commission. §10382. Duties; standing (a) The Office of Rail Public Counsel— (1) may petition the Interstate Commerce Commission to begin a proceeding on a matter within the jurisdiction of the Commission involving a rail carrier subject to this subtitle; (2) may seek judicial review of Commission action on a matter involving a rail carrier providing transportation subject to this subtitle, to the extent, and on the same basis, that a person may seek judicial review; (3) shall solicit, study, evaluate, and present before an infor' niai or formal proceeding of the Commission, the views of those J communities and users of rail transportation affected by a proceeding begun by, or pending before, the Commission, when the Director of the Office determines, for whatever reason (such as size or location), that any such community or user might not otherwise be represented adequately at the proceeding; (4) shall— (A) before the Commission and other departments, agencies, and instrumentalities of the United States Govern] nent when the policies and activities of any such department, • i n ' agency, or instrumentality affect rail transportation subject to the jurisdiction of the Commission, evaluate and represent the public interest in safe, efficient, reliable, and economical rail transportation; and (B) assist in constructively representing that public interest by other means; (5) in carrying out its duties under clauses (l) - (4) of this subsection, shall assist the Commission in developing a public interest record in proceedings before the Commission; and (6) shall carry out other duties conferred on the Office by law. (b) The Office has standing as a party to any informal or formal proceeding that is pending or begun before the Commission involving a rail carrier providing transportation subject to this subtitle. § 10383. Director (a) The Director is the head of the Office of Rail Public Counsel and is responsible for administering and carrying out the duties of the Office. (b) The Director is appointed by the President, by and with the advice and consent of the Senate, for a term of 4 years. (c) The Director is paid without regard to chapter 51 and subchapter III of chapter 53 of title 5. However, the annual rate of basic pay of the Director may not exceed the rate for GS-18.

49 USC 10381. 49 USC 10382.

49 USC 10383.

5 USC 5101 et seq., 5331. 3 CFR 1978 eomp..p. 236 5 USC 5332 note.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/78

 PUBLIC LAW 95-473—OCT. 17, 1978

92 STAT. 1358 49 USC 10384.

§ 10384. Office staff The Director of the Office of Kail Public Counsel may— (1) appoint and fix the pay of employees of the Office; and (2) procure under section 8109 of title 5 the temporary or intermittent services of experts and consultants. 49 USC 10385. § 10385. Powers (a) Without regard to section 5 of title 41, the Director of the fo.A, j. Office of Rail Public Counsel may enter into agreements or other transactions necessary to carry out the duties of the Office. (b) On request of the Director for information, each department, agency, and instrumentality of the United States Government may furnish the information requested. ,,;^. H, < ^ 49 USC 10386. § 10386. Reports The Director of the Office of Rail Public Counsel shall submit each month to the Chairman of the Interstate Commerce Commission a report on the activities of the Office for the preceding month. In its annual report to Congress, the Commission shall include its evaluation and recommendations with respect to the activities, accomplishments, and shortcomings of the Office. 49 USC 10387. § 10387. Budget requests and estimates The Office of Rail Public Counsel shall submit its budget recjuests and budget estimates concurrently to Congress and to the President. 49 USC 10388. § 10388. Authorizations of appropriations Not more than $1,000,000 may be appropriated to the Office of Rail Public Counsel for the fiscal year ending September 30, 1978, to carry out this subchapter, CHAPTER 105—JURISDICTION SITBCILVPTER I—RAIL, RAIL-WATER, E X P R E S S, AND P I P E L I N E CARRIER TRANSPORTATION Sec.

,

10501. 10502. lO.'iOS. 10504. 10505.

General jurisdiction. Express carrier transportation. Railroad and water transportation connections and rates. Exempt rail mass transportation. Authority to exempt rail carrier transportation.

SUBCHAPTER II—MOTOR CARRIER TRANSPORTATION

. o • >

10521. 10522. 10523. 10524. 10525. 10526.

General jurisdiction. Exempt transportation between Alaslca and other States. Exempt motor vehicle transportation in terminal areas. Transportation furthering a primary business. Exempt motor carrier transportation entirely in one State. Miscellaneous motor carrier transportation exemptions.

SUBCHAPTER III—WATER CARRIER TRANSPORTATION 10541. 10542. 10543. 10544.

General jurisdiction. Exempt bulk transportation. ' Exempt incidental water transportation. Miscellaneous water carrier transportation exemptions.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/79

 PUBLIC LAW 95-473—OCT. 17, 1978

92 STAT. 1359

SUBCHAPTER IV—FREIGHT FORWARDER SERVICE 10561. General jurisdiction. 10562. Exempt freight forwarder service. SUBCHAPTER I—RAIL, RAIL-WATER, E X P R E S S, AND P I P E L I N E CARRIER TRANSPORTATION § 10501. General jurisdiction 49 USC 10501. (a) Subject to this chapter and other law, the Interetate Commerce Commission has jurisdiction over transportation— (1) by rail carrier, express carrier, sleeping car carrier, water common carrier, and pipeline carrier that is— '* (A) only by railroad; (B) by railroad and water, when the transportation is under common control, management, or arrangement for a continuous carriage or shipment; or ' (C) by pipeline or by pipeline and railroad or water when transporting a commodity other than water, gas, or oil; and (2) to the extent the transportation is in the United States and is between a place in— (A) a State and a place in another State; (B) the District of Columbia and another place in the District of Columbia; (C) a State and a place in a territory or possession of the United States; (D) a territory or possession of the United States and a place in another such territory or possession; (E) a territory or possession of the United States and another place in the same territory or possession; (F) the United States and another place in the United States through a foreign country; or (G) the United States and a place in a foreign country. (b) The Commission does not have jurisdiction under subsection (a) of this section over— (1) the transportation of passengers or property, or the receipt, delivery, storage, or handling of property, entirely in a State (other than the District of Columbia) and not transported between a place in the United States and a place in a foreign country except as otherwise provided in this subtitle; or (2) transportation by a water common carrier when that transr" portation would be sul3Ject to this subchapter only because the or out of its proportional through rates, a switching, terminal, lighterage, car rental, trackage, handling, or other charge by a rail carrier for services in the switching, drayage, lighterage, or corporate limits of a port terminal or district. (c) This subtitle does not affect the power of a State, in exercising its police power, to require reasonable intrastate transportation by carriers providing transportation subject to the jurisdiction of the Commission under this subchapter unless the State requirement is inconsistent with an order of the Commission issued under this subtitle or is prohibited under this subtitle.
 * ' water common carrier absorbs, out of its port-to-port water rates

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Page:United States Statutes at Large Volume 92 Part 2.djvu/80

 92 STAT. 1360 49 USC 10502.

49 USC prec. 1 note.

49 USC 10503. Jursidiction.

Post, pp. 1402, 1403, 1407.

"Proportional rates."

Hearing.

49 USC 10504. "Local public body."

PUBLIC LAW 95-473—OCT. 17, 1978

§ 10502. Express carrier transportation The Interstate Commerce Commission has jurisdiction under this subchapter, and not under subchapter II or III of this chapter, over transportation of an express carrier— (1) by motor vehicle, to the extent the transportation was subject to the jurisdiction of the Commission on September 18, 1940, under part I of the Interstate Commerce Act (24 Stat. 379), as amended; and (2) by water in providing express transportation. § 10503. Railroad and water transportation connections and rates (a) When a rail carrier and a water common carrier may or do provide jointly, transportation, not entirely in one State from a place m the United States to another place in the United States, even if part of the transportation is outside the United States, the Interstate Commerce Commission has the following jurisdiction over that transportation: (1) To establish a physical connection between the railroad lines of the rail carrier and the dock at which an interchange is . to be made, the Commission may— (A) require the rail carrier to make a suitable connection between its lines and tracks that have been constructed from the dock to the limits of the railroad right-of-way; (B) subject to the same restrictions on findings of public convenience and necessity and other matters that are imposed on construction under sections 10901, 10902, and 10907 of this title, require the rail carrier or water common carrier, or both, to construct to the dock at least one track connecting with the lines of the rail carrier; (C) determine and prescribe the conditions under which a connecting track is to be operated; and (D) in the construction or operation of the track, determine the sum to be paid to, or by, either carrier. (2) The Commission may— (A) prescribe proportional rates, maximum proportional rates, minimum proportional rates, or maximum and minimum proportional rates, of a rail carrier to and from the ports to which the passengers or property is transported by the water common carrier; and (B) determine the passengers, property, vessels, and on which conditions those rates apply. In this paragraph, "proportional rates" means those rates that differ from the corresponding local rates to and from a port and apply only to passengers or property brought to the port or carried from the port by a water common carrier. (b) The Commission may act under this section only after a full hearing. An order entered as the result of an action may be conditioned on giving security for the payment of an amount of money or the discharge of an obligation that is required to be paid or discharged under that order. § 10504. Exempt rail mass transportation (a) In this section— (1) "local public body"— (A) has the same meaning given that term by section 1608(c)(2) of this title; and

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Page:United States Statutes at Large Volume 92 Part 2.djvu/81

 PUBLIC LAW 95-473—OCT. 17, 1978

92 STAT. 1361

(B) includes a person or entity that contracts with the local public body to provide transportation services. (2) "rail mass transportation" means transportation services "Rail mass described in section 1608(c)(6) of this title that are provided by transportation.' 49 USC 1608. rail, (b) The Interstate Commerce Commission does not have jurisdic- Jursidiction. tion under this subtitle over rail mass transportation provided by a local public body if— (1) the Commission would have jurisdiction but for this section; and (2) the fares of the local public body, or its authority to apply to the Commission for changes in those fares, is subject to the approval or disapproval of the chief executive officer of the State in which the transportation is provided. 49 USC 10505. § 10505. Authority to exempt rail carrier transportation (a) In a matter related to a rail carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under this subchapter, the Commission shall exempt a person, class of persons, or a transaction or service because of the limited scope of the transaction or service, when the Commission finds that the application of a provision of this subtitle— (1) is not necessary to carry out the transportation policy of Ante, p. 1337. section 10101 of this title; (2) would be an unreasonable burden on a person, class of persons, or interstate and foreign commerce; and (3) would serve little or no useful public purpose. (b) The Commission may begin a proceeding under this section on its own initiative or on application by the Secretary of Transportation or an interested party. The Commission may specify the period of time during which the exemption is effective. (c) The Commission may revoke an exemption, to the extent it Revocation. specifies, when it finds that application of a provision of this subtitle to the person, class, or transportation is necessary— (1) to carry out the transportation policy of section 10101 of this title; (2) to achieve effective regulation by the Commission; and (8) to serve a useful public purpose. (d) The Commission may act under this section only after an opportunity for a proceeding. SUBCHAPTER II—MOTOR CARRIER TRANSPORTATION 49 USC 10521. § 10521. General jurisdiction (a) Stibject to this chapter and other law, the Interstate Commerce Commission has jurisdiction 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;

39-194 O—80—pt. 2

6: QL3

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