-CITE-
    49 USC CHAPTER 7 - SURFACE TRANSPORTATION BOARD             01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE I - DEPARTMENT OF TRANSPORTATION
    CHAPTER 7 - SURFACE TRANSPORTATION BOARD

-HEAD-
                 CHAPTER 7 - SURFACE TRANSPORTATION BOARD             


-MISC1-
                       SUBCHAPTER I - ESTABLISHMENT                   
    Sec.                                                     
    701.        Establishment of Board.                               
    702.        Functions.                                            
    703.        Administrative provisions.                            
    704.        Annual report.                                        
    705.        Authorization of appropriations.                      
    706.        Reporting official action.                            

                      SUBCHAPTER II - ADMINISTRATIVE                  
    721.        Powers.                                               
    722.        Board action.                                         
    723.        Service of notice in Board proceedings.               
    724.        Service of process in court proceedings.              
    725.        Administrative support.                               
    726.        Railroad-Shipper Transportation Advisory Council.     
    727.        Definitions.                                          

-End-


-CITE-
    49 USC SUBCHAPTER I - ESTABLISHMENT                         01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE I - DEPARTMENT OF TRANSPORTATION
    CHAPTER 7 - SURFACE TRANSPORTATION BOARD
    SUBCHAPTER I - ESTABLISHMENT

-HEAD-
                       SUBCHAPTER I - ESTABLISHMENT                   

-End-



-CITE-
    49 USC Sec. 701                                             01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE I - DEPARTMENT OF TRANSPORTATION
    CHAPTER 7 - SURFACE TRANSPORTATION BOARD
    SUBCHAPTER I - ESTABLISHMENT

-HEAD-
    Sec. 701. Establishment of Board

-STATUTE-
      (a) Establishment. - There is hereby established within the
    Department of Transportation the Surface Transportation Board.
      (b) Membership. - (1) The Board shall consist of 3 members, to be
    appointed by the President, by and with the advice and consent of
    the Senate. Not more than 2 members may be appointed from the same
    political party.
      (2) At any given time, at least 2 members of the Board shall be
    individuals with professional standing and demonstrated knowledge
    in the fields of transportation or transportation regulation, and
    at least one member shall be an individual with professional or
    business experience (including agriculture) in the private sector.
      (3) The term of each member of the Board shall be 5 years and
    shall begin when the term of the predecessor of that member ends.
    An individual appointed to fill a vacancy occurring before the
    expiration of the term for which the predecessor of that individual
    was appointed, shall be appointed for the remainder of that term.
    When the term of office of a member ends, the member may continue
    to serve until a successor is appointed and qualified, but for a
    period not to exceed one year. The President may remove a member
    for inefficiency, neglect of duty, or malfeasance in office.
      (4) On January 1, 1996, the members of the Interstate Commerce
    Commission serving unexpired terms on December 29, 1995, shall
    become members of the Board, to serve for a period of time equal to
    the remainder of the term for which they were originally appointed
    to the Interstate Commerce Commission. Any member of the Interstate
    Commerce Commission whose term expires on December 31, 1995, shall
    become a member of the Board, subject to paragraph (3).
      (5) No individual may serve as a member of the Board for more
    than 2 terms. In the case of an individual who becomes a member of
    the Board pursuant to paragraph (4), or an individual appointed to
    fill a vacancy occurring before the expiration of the term for
    which the predecessor of that individual was appointed, such
    individual may not be appointed for more than one additional term.
      (6) A member of the Board may not have a pecuniary interest in,
    hold an official relation to, or own stock in or bonds of, a
    carrier providing transportation by any mode and may not engage in
    another business, vocation, or employment.
      (7) A vacancy in the membership of the Board does not impair the
    right of the remaining members to exercise all of the powers of the
    Board. The Board may designate a member to act as Chairman during
    any period in which there is no Chairman designated by the
    President.
      (c) Chairman. - (1) There shall be at the head of the Board a
    Chairman, who shall be designated by the President from among the
    members of the Board. The Chairman shall receive compensation at
    the rate prescribed for level III of the Executive Schedule under
    section 5314 of title 5.
      (2) Subject to the general policies, decisions, findings, and
    determinations of the Board, the Chairman shall be responsible for
    administering the Board. The Chairman may delegate the powers
    granted under this paragraph to an officer, employee, or office of
    the Board. The Chairman shall - 
        (A) appoint and supervise, other than regular and full-time
      employees in the immediate offices of another member, the
      officers and employees of the Board, including attorneys to
      provide legal aid and service to the Board and its members, and
      to represent the Board in any case in court;
        (B) appoint the heads of offices with the approval of the
      Board;
        (C) distribute Board business among officers and employees and
      offices of the Board;
        (D) prepare requests for appropriations for the Board and
      submit those requests to the President and Congress with the
      prior approval of the Board; and
        (E) supervise the expenditure of funds allocated by the Board
      for major programs and purposes.

-SOURCE-
    (Added Pub. L. 104-88, title II, Sec. 201(a), Dec. 29, 1995, 109
    Stat. 932; amended Pub. L. 104-287, Sec. 5(5), Oct. 11, 1996, 110
    Stat. 3389.)


-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (b)(4). Pub. L. 104-287 substituted "January 1,
    1996" for "the effective date of this section" and "December 29,
    1995," for "the date of the enactment of the ICC Termination Act of
    1995".

                              EFFECTIVE DATE                          
      Section 2 of Pub. L. 104-88 provided that: "Except as otherwise
    provided in this Act [see Tables for classification], this Act
    shall take effect on January 1, 1996."

                             SAVINGS PROVISION                         
      Section 204 of Pub. L. 104-88 provided that:
      "(a) Legal Documents. - All orders, determinations, rules,
    regulations, permits, grants, loans, contracts, agreements,
    certificates, licenses, and privileges - 
        "(1) that have been issued, made, granted, or allowed to become
      effective by the Interstate Commerce Commission, any officer or
      employee of the Interstate Commerce Commission, or any other
      Government official, or by a court of competent jurisdiction, in
      the performance of any function that is transferred by this Act
      [see Tables for classification] or the amendments made by this
      Act; and
        "(2) that are in effect on the effective date of such transfer
      (or become effective after such date pursuant to their terms as
      in effect on such effective date),
    shall continue in effect according to their terms until modified,
    terminated, superseded, set aside, or revoked in accordance with
    law by the Board [Surface Transportation Board], any other
    authorized official, a court of competent jurisdiction, or
    operation of law. The Board shall promptly rescind all regulations
    established by the Interstate Commerce Commission that are based on
    provisions of law repealed and not substantively reenacted by this
    Act.
      "(b) Proceedings. - (1) The provisions of this Act shall not
    affect any proceedings or any application for any license pending
    before the Interstate Commerce Commission at the time this Act
    takes effect [see Effective Date note above], insofar as those
    functions are retained and transferred by this Act; but such
    proceedings and applications, to the extent that they relate to
    functions so transferred, shall be continued. Orders shall be
    issued in such proceedings, appeals shall be taken therefrom, and
    payments shall be made pursuant to such orders, as if this Act had
    not been enacted; and orders issued in any such proceedings shall
    continue in effect until modified, terminated, superseded, or
    revoked by a duly authorized official, by a court of competent
    jurisdiction, or by operation of law. Nothing in this subsection
    shall be deemed to prohibit the discontinuance or modification of
    any such proceeding under the same terms and conditions and to the
    same extent that such proceeding could have been discontinued or
    modified if this Act had not been enacted.
      "(2) The Board and the Secretary are authorized to provide for
    the orderly transfer of pending proceedings from the Interstate
    Commerce Commission.
      "(3)(A) Except as provided in subparagraphs (B) and (C), in the
    case of a proceeding under a provision of law repeal [repealed],
    and not reenacted, by this Act such proceeding shall be terminated.
      "(B) Any proceeding involving a pipeline carrier under subtitle
    IV of title 49, United States Code, shall be continued to be heard
    by the Board under such subtitle, as in effect on the day before
    the effective date of this section [see Effective Date note above],
    until completion of such proceeding.
      "(C) Any proceeding involving the merger of a motor carrier
    property under subtitle IV of title 49, United States Code, shall
    continue to be heard by the Board under such subtitle, as in effect
    on the day before the effective date of this section, until
    completion of such proceeding.
      "(4) Any proceeding with respect to any tariff, rate charge,
    classification, rule, regulation, or service that was pending under
    the Intercoastal Shipping Act, 1933 [former 46 App. U.S.C. 843 et
    seq.] or the Shipping Act, 1916 [46 App. U.S.C. 801 et seq.] before
    the Federal Maritime Commission on November 1, 1995, shall continue
    to be heard until completion or issuance of a final order thereon
    under all applicable laws in effect as of November 1, 1995.
      "(c) Suits. - (1) This Act shall not affect suits commenced
    before the date of the enactment of this Act [Dec. 29, 1995],
    except as provided in paragraphs (2) and (3). In all such suits,
    proceeding shall be had, appeals taken, and judgments rendered in
    the same manner and with the same effect as if this Act had not
    been enacted.
      "(2) Any suit by or against the Interstate Commerce Commission
    begun before the effective date of this Act shall be continued,
    insofar as it involves a function retained and transferred under
    this Act, with the Board (to the extent the suit involves functions
    transferred to the Board under this Act) or the Secretary (to the
    extent the suit involves functions transferred to the Secretary
    under this Act) substituted for the Commission.
      "(3) If the court in a suit described in paragraph (1) remands a
    case to the Board or the Secretary, subsequent proceedings related
    to such case shall proceed in accordance with applicable law and
    regulations as in effect at the time of such subsequent
    proceedings.
      "(d) Continuance of Actions Against Officers. - No suit, action,
    or other proceeding commenced by or against any officer in his
    official capacity as an officer of the Interstate Commerce
    Commission shall abate by reason of the enactment of this Act. No
    cause of action by or against the Interstate Commerce Commission,
    or by or against any officer thereof in his official capacity,
    shall abate by reason of enactment of this Act.
      "(e) Exercise of Authorities. - Except as otherwise provided by
    law, an officer or employee of the Board may, for purposes of
    performing a function transferred by this Act or the amendments
    made by this Act, exercise all authorities under any other
    provision of law that were available with respect to the
    performance of that function to the official responsible for the
    performance of the function immediately before the effective date
    of the transfer of the function under this Act or the amendments
    made by this Act."


-TRANS-
                ABOLITION OF INTERSTATE COMMERCE COMMISSION            
      Section 101 of Pub. L. 104-88 provided that: "The Interstate
    Commerce Commission is abolished."


-MISC2-
         ORGANIZATION OF FUNCTIONS OF SURFACE TRANSPORTATION BOARD     
      Section 202 of title II of Pub. L. 104-88 provided that: "The
    Chairman of the Surface Transportation Board (in this Act [see
    Tables for classification] referred to as the 'Board') may allocate
    or reallocate any function of the Board, consistent with this title
    [see Tables for classification] and subchapter I of chapter 7 [49
    U.S.C. 701 et seq.], as amended by section 201 of this title, among
    the members or employees of the Board, and may establish,
    consolidate, alter, or discontinue in the Board any organizational
    entities that were entities of the Interstate Commerce Commission,
    as the Chairman considers necessary or appropriate."

                     TRANSFER OF ASSETS AND PERSONNEL                 
      Section 203 of Pub. L. 104-88 provided that:
      "(a) To Board. - Except as otherwise provided in this Act [see
    Tables for classification] and the amendments made by this Act,
    those personnel, property, and records employed, used, held,
    available, or to be made available in connection with a function
    transferred to the Board [Surface Transportation Board] by this Act
    shall be transferred to the Board for use in connection with the
    functions transferred, and unexpended balances of appropriations,
    allocations, and other funds of the Interstate Commerce Commission
    shall also be transferred to the Board. Such unexpended balances,
    allocations, and other funds, together with any unobligated
    balances from user fees collected by the Commission during fiscal
    year 1996, may be used to pay for the closedown of the Commission
    and severance costs for Commission personnel, regardless of whether
    those costs are incurred at the Commission or at the Board.
      "(b) To Secretary. - Except as otherwise provided in this Act and
    the amendments made by this Act, those personnel, property, and
    records employed, used, held, available, or to be made available in
    connection with a function transferred to the Secretary by this Act
    shall be transferred to the Secretary for use in connection with
    the functions transferred.
      "(c) Separated Employees. - Notwithstanding all other laws and
    regulations, the Department of Transportation shall place all
    Interstate Commerce Commission employees separated from the
    Commission as a result of this Act on the DOT reemployment priority
    list (competitive service) or the priority employment list
    (excepted service)."

         REFERENCES TO INTERSTATE COMMERCE COMMISSION DEEMED TO BE
                REFERENCES TO SURFACE TRANSPORTATION BOARD
      Section 205 of Pub. L. 104-88 provided that: "Any reference to
    the Interstate Commerce Commission in any other Federal law,
    Executive order, rule, regulation, or delegation of authority, or
    any document of or pertaining to the Interstate Commerce Commission
    or an officer or employee of the Interstate Commerce Commission, is
    deemed to refer to the Board [Surface Transportation Board], a
    member or employee of the Board, or the Secretary, as appropriate."

-End-



-CITE-
    49 USC Sec. 702                                             01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE I - DEPARTMENT OF TRANSPORTATION
    CHAPTER 7 - SURFACE TRANSPORTATION BOARD
    SUBCHAPTER I - ESTABLISHMENT

-HEAD-
    Sec. 702. Functions

-STATUTE-
      Except as otherwise provided in the ICC Termination Act of 1995,
    or the amendments made thereby, the Board shall perform all
    functions that, immediately before January 1, 1996, were functions
    of the Interstate Commerce Commission or were performed by any
    officer or employee of the Interstate Commerce Commission in the
    capacity as such officer or employee.

-SOURCE-
    (Added Pub. L. 104-88, title II, Sec. 201(a), Dec. 29, 1995, 109
    Stat. 933; amended Pub. L. 104-287, Sec. 5(6), Oct. 11, 1996, 110
    Stat. 3389.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The ICC Termination Act of 1995, referred to in text, is Pub. L.
    104-88, Dec. 29, 1995, 109 Stat. 803. For complete classification
    of this Act to the Code, see Short Title of 1995 Amendment note set
    out under section 101 of this title and Tables.


-MISC1-
                                AMENDMENTS                            
      1996 - Pub. L. 104-287 substituted "January 1, 1996" for "the
    effective date of such Act".


-TRANS-
                ABOLITION OF INTERSTATE COMMERCE COMMISSION            
      Interstate Commerce Commission abolished by section 101 of Pub.
    L. 104-88, set out as a note under section 701 of this title.

-End-



-CITE-
    49 USC Sec. 703                                             01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE I - DEPARTMENT OF TRANSPORTATION
    CHAPTER 7 - SURFACE TRANSPORTATION BOARD
    SUBCHAPTER I - ESTABLISHMENT

-HEAD-
    Sec. 703. Administrative provisions

-STATUTE-
      (a) Executive Reorganization. - Chapter 9 of title 5, United
    States Code, shall apply to the Board in the same manner as it does
    to an independent regulatory agency, and the Board shall be an
    establishment of the United States Government.
      (b) Open Meetings. - For purposes of section 552b of title 5,
    United States Code, the Board shall be deemed to be an agency.
      (c) Independence. - In the performance of their functions, the
    members, employees, and other personnel of the Board shall not be
    responsible to or subject to the supervision or direction of any
    officer, employee, or agent of any other part of the Department of
    Transportation.
      (d) Representation by Attorneys. - Attorneys designated by the
    Chairman of the Board may appear for, and represent the Board in,
    any civil action brought in connection with any function carried
    out by the Board pursuant to this chapter or subtitle IV or as
    otherwise authorized by law.
      (e) Admission To Practice. - Subject to section 500 of title 5,
    the Board may regulate the admission of individuals to practice
    before it and may impose a reasonable admission fee.
      (f) Budget Requests. - In each annual request for appropriations
    by the President, the Secretary of Transportation shall identify
    the portion thereof intended for the support of the Board and
    include a statement by the Board - 
        (1) showing the amount requested by the Board in its budgetary
      presentation to the Secretary and the Office of Management and
      Budget; and
        (2) an assessment of the budgetary needs of the Board.

      (g) Direct Transmittal to Congress. - The Board shall transmit to
    Congress copies of budget estimates, requests, and information
    (including personnel needs), legislative recommendations, prepared
    testimony for congressional hearings, and comments on legislation
    at the same time they are sent to the Secretary of Transportation.
    An officer of an agency may not impose conditions on or impair
    communications by the Board with Congress, or a committee or Member
    of Congress, about the information.

-SOURCE-
    (Added Pub. L. 104-88, title II, Sec. 201(a), Dec. 29, 1995, 109
    Stat. 934.)

-End-



-CITE-
    49 USC Sec. 704                                             01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE I - DEPARTMENT OF TRANSPORTATION
    CHAPTER 7 - SURFACE TRANSPORTATION BOARD
    SUBCHAPTER I - ESTABLISHMENT

-HEAD-
    Sec. 704. Annual report

-STATUTE-
      The Board shall annually transmit to the Congress a report on its
    activities.

-SOURCE-
    (Added Pub. L. 104-88, title II, Sec. 201(a), Dec. 29, 1995, 109
    Stat. 934.)

-End-



-CITE-
    49 USC Sec. 705                                             01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE I - DEPARTMENT OF TRANSPORTATION
    CHAPTER 7 - SURFACE TRANSPORTATION BOARD
    SUBCHAPTER I - ESTABLISHMENT

-HEAD-
    Sec. 705. Authorization of appropriations

-STATUTE-
      There are authorized to be appropriated for the activities of the
    Board - 
        (1) $8,421,000 for fiscal year 1996;
        (2) $12,000,000 for fiscal year 1997; and
        (3) $12,000,000 for fiscal year 1998.

-SOURCE-
    (Added Pub. L. 104-88, title II, Sec. 201(a), Dec. 29, 1995, 109
    Stat. 934.)

-End-



-CITE-
    49 USC Sec. 706                                             01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE I - DEPARTMENT OF TRANSPORTATION
    CHAPTER 7 - SURFACE TRANSPORTATION BOARD
    SUBCHAPTER I - ESTABLISHMENT

-HEAD-
    Sec. 706. Reporting official action

-STATUTE-
      (a) Reports on Proceedings. - The Board 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 Board and, if damages are awarded, the findings of fact
    supporting the award. The Board may have its reports published for
    public use. A published report of the Board is competent evidence
    of its contents.
      (b) Special Rules for Matters Related to Rail Carriers. - (1)
    When action of the Board in a matter related to a rail carrier is
    taken by the Board, an individual member of the Board, or another
    individual or group of individuals designated to take official
    action for the Board, the written statement of that action
    (including a report, order, decision and order, vote, notice,
    letter, policy statement, 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) 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.

-SOURCE-
    (Added Pub. L. 104-88, title II, Sec. 201(a), Dec. 29, 1995, 109
    Stat. 934.)

-End-


-CITE-
    49 USC SUBCHAPTER II - ADMINISTRATIVE                       01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE I - DEPARTMENT OF TRANSPORTATION
    CHAPTER 7 - SURFACE TRANSPORTATION BOARD
    SUBCHAPTER II - ADMINISTRATIVE

-HEAD-
                      SUBCHAPTER II - ADMINISTRATIVE                  

-End-



-CITE-
    49 USC Sec. 721                                             01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE I - DEPARTMENT OF TRANSPORTATION
    CHAPTER 7 - SURFACE TRANSPORTATION BOARD
    SUBCHAPTER II - ADMINISTRATIVE

-HEAD-
    Sec. 721. Powers

-STATUTE-
      (a) In General. - The Board shall carry out this chapter and
    subtitle IV. Enumeration of a power of the Board in this chapter or
    subtitle IV does not exclude another power the Board may have in
    carrying out this chapter or subtitle IV. The Board may prescribe
    regulations in carrying out this chapter and subtitle IV.
      (b) Inquiries, Reports, and Orders. - The Board may - 
        (1) inquire into and report on the management of the business
      of carriers providing transportation and services subject to
      subtitle IV;
        (2) inquire into and report on the management of the business
      of a person controlling, controlled by, or under common control
      with those carriers to the extent that the business of that
      person is related to the management of the business of that
      carrier;
        (3) obtain from those carriers and persons information the
      Board decides is necessary to carry out subtitle IV; and
        (4) when necessary to prevent irreparable harm, issue an
      appropriate order without regard to subchapter II of chapter 5 of
      title 5.

      (c) Subpoena Witnesses. - (1) The Board may subpoena witnesses
    and records related to a proceeding of the Board from any place in
    the United States, to the designated place of the proceeding. If a
    witness disobeys a subpoena, the Board, or a party to a proceeding
    before the Board, may petition a court of the United States to
    enforce that subpoena.
      (2) The district courts of the United States have jurisdiction to
    enforce a subpoena issued under this section. Trial is in the
    district in which the proceeding is conducted. The court may punish
    a refusal to obey a subpoena as a contempt of court.
      (d) Depositions. - (1) In a proceeding, the Board 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 Board
    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), the Board may subpoena the witness to take a
    deposition, produce the records, or both.
      (3) A deposition may be taken before a judge of a court of the
    United States, a United States magistrate judge, a clerk of a
    district court, or a chancellor, justice, or judge of a supreme or
    superior court, mayor or chief magistrate of a city, judge of a
    county court, or court of common pleas of any State, or a notary
    public who is not counsel or attorney of a party or interested in
    the proceeding.
      (4) Before taking a deposition, reasonable notice must be given
    in writing by the party or the attorney of that party proposing to
    take a deposition to the opposing party or the attorney of record
    of that party, whoever is nearest. The notice shall state the name
    of the witness and the time and place of taking the deposition.
      (5) The testimony of a person deposed under this subsection shall
    be taken under oath. The person taking the deposition shall
    prepare, or cause to be prepared, a transcript of the testimony
    taken. The transcript shall be subscribed by the deponent.
      (6) The testimony of a witness who is in a foreign country may be
    taken by deposition before an officer or person designated by the
    Board or agreed on by the parties by written stipulation filed with
    the Board. A deposition shall be filed with the Board promptly.
      (e) Witness Fees. - Each witness summoned before the Board 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.

-SOURCE-
    (Added Pub. L. 104-88, title II, Sec. 201(a), Dec. 29, 1995, 109
    Stat. 935.)

-End-



-CITE-
    49 USC Sec. 722                                             01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE I - DEPARTMENT OF TRANSPORTATION
    CHAPTER 7 - SURFACE TRANSPORTATION BOARD
    SUBCHAPTER II - ADMINISTRATIVE

-HEAD-
    Sec. 722. Board action

-STATUTE-
      (a) Effective Date of Actions. - Unless otherwise provided in
    subtitle IV, the Board may determine, within a reasonable time,
    when its actions, other than an action ordering the payment of
    money, take effect.
      (b) Terminating and Changing Actions. - An action of the Board
    remains in effect under its own terms or until superseded. The
    Board may change, suspend, or set aside any such action on notice.
    Notice may be given in a manner determined by the Board. A court of
    competent jurisdiction may suspend or set aside any such action.
      (c) Reconsidering Actions. - The Board may, at any time on its
    own initiative because of material error, new evidence, or
    substantially changed circumstances - 
        (1) reopen a proceeding;
        (2) grant rehearing, reargument, or reconsideration of an
      action of the Board; or
        (3) change an action of the Board.

    An interested party may petition to reopen and reconsider an action
    of the Board under this subsection under regulations of the Board.
      (d) Finality of Actions. - Notwithstanding subtitle IV, an action
    of the Board under 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.

-SOURCE-
    (Added Pub. L. 104-88, title II, Sec. 201(a), Dec. 29, 1995, 109
    Stat. 936.)

-End-



-CITE-
    49 USC Sec. 723                                             01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE I - DEPARTMENT OF TRANSPORTATION
    CHAPTER 7 - SURFACE TRANSPORTATION BOARD
    SUBCHAPTER II - ADMINISTRATIVE

-HEAD-
    Sec. 723. Service of notice in Board proceedings

-STATUTE-
      (a) Designation of Agent. - A carrier providing transportation
    subject to the jurisdiction of the Board under subtitle IV shall
    designate an agent in the District of Columbia, on whom service of
    notices in a proceeding before, and of actions of, the Board may be
    made.
      (b) Filing and Changing Designations. - A designation under
    subsection (a) shall be in writing and filed with the Board. The
    designation may be changed at any time in the same manner as
    originally made.
      (c) Service of Notice. - Except as otherwise provided, notices of
    the Board shall be 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 Board 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 Board.
      (d) Special Rule for Rail Carriers. - In a proceeding involving
    the lawfulness of classifications, rates, or practices of a rail
    carrier that has not designated an agent under this section,
    service of notice of the Board on an attorney in fact for the
    carrier constitutes service of notice on the carrier.

-SOURCE-
    (Added Pub. L. 104-88, title II, Sec. 201(a), Dec. 29, 1995, 109
    Stat. 937.)

-End-



-CITE-
    49 USC Sec. 724                                             01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE I - DEPARTMENT OF TRANSPORTATION
    CHAPTER 7 - SURFACE TRANSPORTATION BOARD
    SUBCHAPTER II - ADMINISTRATIVE

-HEAD-
    Sec. 724. Service of process in court proceedings

-STATUTE-
      (a) Designation of Agent. - A carrier providing transportation
    subject to the jurisdiction of the Board under subtitle IV 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
    Board.
      (b) Changing Designation. - A designation under this section may
    be changed at any time in the same manner as originally made.

-SOURCE-
    (Added Pub. L. 104-88, title II, Sec. 201(a), Dec. 29, 1995, 109
    Stat. 937.)

-End-



-CITE-
    49 USC Sec. 725                                             01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE I - DEPARTMENT OF TRANSPORTATION
    CHAPTER 7 - SURFACE TRANSPORTATION BOARD
    SUBCHAPTER II - ADMINISTRATIVE

-HEAD-
    Sec. 725. Administrative support

-STATUTE-
      The Secretary of Transportation shall provide administrative
    support for the Board.

-SOURCE-
    (Added Pub. L. 104-88, title II, Sec. 201(a), Dec. 29, 1995, 109
    Stat. 937.)

-End-



-CITE-
    49 USC Sec. 726                                             01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE I - DEPARTMENT OF TRANSPORTATION
    CHAPTER 7 - SURFACE TRANSPORTATION BOARD
    SUBCHAPTER II - ADMINISTRATIVE

-HEAD-
    Sec. 726. Railroad-Shipper Transportation Advisory Council

-STATUTE-
      (a) Establishment; Membership. - There is established the
    Railroad-Shipper Transportation Advisory Council (in this section
    referred to as the "Council") to be composed of 19 members, of
    which 15 members shall be appointed by the Chairman of the Board,
    after recommendation from rail carriers and shippers, within 60
    days after December 29, 1995. The members of the Council shall be
    appointed as follows:
        (1) The members of the Council shall be appointed from among
      citizens of the United States who are not regular full-time
      employees of the United States and shall be selected for
      appointment so as to provide as nearly as practicable a broad
      representation of the various segments of the railroad and rail
      shipper industries.
        (2) Nine of the members shall be appointed from senior
      executive officers of organizations engaged in the railroad and
      rail shipping industries, which 9 members shall be the voting
      members of the Council. Council action and Council positions
      shall be determined by a majority vote of the members present. A
      majority of such voting members shall constitute a quorum. Of
      such 9 voting members - 
          (A) at least 4 shall be representative of small shippers (as
        determined by the Chairman); and
          (B) at least 4 shall be representative of Class II or III
        railroads.

        (3) The remaining 6 members of the Council shall serve in a
      nonvoting advisory capacity only, but shall be entitled to
      participate in Council deliberations. Of the remaining members - 
          (A) 3 shall be representative of Class I railroads; and
          (B) 3 shall be representative of large shipper organizations
        (as determined by the Chairman).

        (4) The Secretary of Transportation and the members of the
      Board shall serve as ex officio, nonvoting members of the
      Council. The Council shall not be subject to the Federal Advisory
      Committee Act. A list of the members appointed to the Council
      shall be forwarded to the Chairmen and ranking members of the
      Committee on Commerce, Science, and Transportation of the Senate
      and the Committee on Transportation and Infrastructure of the
      House of Representatives.
        (5) Each ex officio member of the Council may designate an
      alternate, who shall serve as a member of the Council whenever
      the ex officio member is unable to attend a meeting of the
      Council. Any such designated alternate shall be selected from
      individuals who exercise significant decision-making authority in
      the Federal agency involved.

      (b) Term of Office. - The members of the Council shall be
    appointed for a term of office of 3 years, except that of the
    members first appointed - 
        (1) 5 members shall be appointed for terms of 1 year; and
        (2) 5 members shall be appointed for terms of 2 years,

    as designated by the Chairman at the time of appointment. Any
    member appointed to fill a vacancy occurring before the expiration
    of the term for which the member's predecessor was appointed shall
    be appointed only for the remainder of such term. A member may
    serve after the expiration of his term until his successor has
    taken office. Vacancies on the Council shall be filled in the same
    manner in which the original appointments were made. No member of
    the Council shall be eligible to serve in excess of two consecutive
    terms.
      (c) Election and Duties of Officers. - The Council Chairman and
    Vice Chairman and other appropriate officers of the Council shall
    be elected by and from the voting members of the Council. The
    Council Chairman shall serve as the Council's executive officer and
    shall direct the administration of the Council, assign officer and
    committee duties, and shall be responsible for issuing and
    communicating the reports, policy positions and statements of the
    Council. In the event that the Council Chairman is unable to serve,
    the Vice Chairman shall act as Council Chairman.
      (d) Expenses. - (1) The members of the Council shall receive no
    compensation for their services as such, but upon request by the
    Council Chairman, based on a showing of significant economic
    burden, the Secretary of Transportation or the Chairman of the
    Board, to the extent provided in advance in appropriation Acts, may
    provide reasonable and necessary travel expenses for such
    individual Council members from Department or Board funding sources
    in order to foster balanced representation on the Council.
      (2) Upon request by the Council Chairman, the Secretary or
    Chairman of the Board, to the extent provided in advance in
    appropriations Acts, may pay the reasonable and necessary expenses
    incurred by the Council in connection with the coordination of
    Council activities, announcement and reporting of meetings, and
    preparation of such Council documents as are required or permitted
    by this section.
      (3) The Council may solicit and use private funding for its
    activities, subject to this subsection.
      (4) Prior to making any Federal funding requests, the Council
    Chairman shall undertake best efforts to fund such activities
    privately unless the Council Chairman determines that such private
    funding would create a conflict of interest, or the appearance
    thereof, or is otherwise impractical. The Council Chairman shall
    not request funding from any Federal agency without providing
    written justification as to why private funding would create any
    such conflict or appearance, or is otherwise impractical.
      (5) To enable the Council to carry out its functions - 
        (A) the Council Chairman may request directly from any Federal
      agency such personnel, information, services, or facilities, on a
      compensated or uncompensated basis, as the Council Chairman
      determines necessary to carry out the functions of the Council;
        (B) each Federal agency may, in its discretion, furnish the
      Council with such information, services, and facilities as the
      Council Chairman may request to the extent permitted by law and
      within the limits of available funds; and
        (C) each Federal agency may, in its discretion, detail to
      temporary duty with the Council, such personnel as the Council
      Chairman may request for carrying out the functions of the
      Council, each such detail to be without loss of seniority, pay,
      or other employee status.

      (e) Meetings. - The Council shall meet at least semi-annually and
    shall hold other meetings at the call of the Council Chairman.
    Appropriate Federal facilities, where available, may be used for
    such meetings. Whenever the Council, or a committee of the Council,
    considers matters that affect the jurisdictional interests of
    Federal agencies that are not represented on the Council, the
    Council Chairman may invite the heads of such agencies, or their
    designees, to participate in the deliberations of the Council.
      (f) Functions and Duties; Annual Report. - (1) The Council shall
    advise the Secretary, the Chairman, the Committee on Commerce,
    Science, and Transportation of the Senate, and the Committee on
    Transportation and Infrastructure of the House of Representatives
    with respect to rail transportation policy issues it considers
    significant, with particular attention to issues of importance to
    small shippers and small railroads, including car supply, rates,
    competition, and effective procedures for addressing legitimate
    shipper and other claims.
      (2) To the extent the Council addresses specific grain car
    issues, it shall coordinate such activities with the National Grain
    Car Council. The Secretary and Chairman shall cooperate with the
    Council to provide research, technical and other reasonable support
    in developing any reports and policy statements required or
    authorized by this subsection.
      (3) The Council shall endeavor to develop within the private
    sector mechanisms to prevent, or identify and effectively address,
    obstacles to the most effective and efficient transportation system
    practicable.
      (4) The Council shall prepare an annual report concerning its
    activities and the results of Council efforts to resolve industry
    issues, and propose whatever regulatory or legislative relief it
    considers appropriate. The Council shall include in the annual
    report such recommendations as it considers appropriate with
    respect to the performance of the Secretary and Chairman under this
    chapter, and with respect to the operation and effectiveness of
    meetings and industry developments relating to the Council's
    efforts, and such other information as it considers appropriate.
    Such annual reports shall be reviewed by the Secretary and
    Chairman, and shall include the Secretary's and Chairman's views or
    comments relating to - 
        (A) the accuracy of information therein;
        (B) Council efforts and reasonableness of Council positions and
      actions; and
        (C) any other aspects of the Council's work as they may
      consider appropriate.

    The Council may prepare other reports or develop policy statements
    as the Council considers appropriate. An annual report shall be
    submitted for each fiscal year and shall be submitted to the
    Secretary and Chairman within 90 days after the end of the fiscal
    year. Other such reports and statements may be submitted as the
    Council considers appropriate.

-SOURCE-
    (Added Pub. L. 104-88, title II, Sec. 201(a), Dec. 29, 1995, 109
    Stat. 937; amended Pub. L. 104-287, Sec. 5(7), Oct. 11, 1996, 110
    Stat. 3389.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Advisory Committee Act, referred to in subsec.
    (a)(4), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended,
    which is set out in the Appendix to Title 5, Government
    Organization and Employees.


-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (a). Pub. L. 104-287 substituted "December 29,
    1995" for "the date of enactment of the ICC Termination Act of
    1995" in introductory provisions.

-End-



-CITE-
    49 USC Sec. 727                                             01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE I - DEPARTMENT OF TRANSPORTATION
    CHAPTER 7 - SURFACE TRANSPORTATION BOARD
    SUBCHAPTER II - ADMINISTRATIVE

-HEAD-
    Sec. 727. Definitions

-STATUTE-
      All terms used in this chapter that are defined in subtitle IV
    shall have the meaning given those terms in that subtitle.

-SOURCE-
    (Added Pub. L. 104-88, title II, Sec. 201(a), Dec. 29, 1995, 109
    Stat. 940.)

-End-


-CITE-
    49 USC SUBTITLE II - OTHER GOVERNMENT AGENCIES              01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE II - OTHER GOVERNMENT AGENCIES

-HEAD-
    SUBTITLE II - OTHER GOVERNMENT AGENCIES

-MISC1-
    Chapter                                                          Sec.
    11.     National Transportation Safety Board                    1101

-End-