49 U.S.C. § 60119 (2024) — Title 49: TRANSPORTATION / Chapter 601 / Section 60119: Judicial review
Judicial review
Status: in_force

(a) Review of Regulations, Orders, and Other Final Agency Actions.—(1) Except as provided in subsection (b) of this section, a person adversely affected by a regulation prescribed under this chapter or an order issued under this chapter may apply for review of the regulation or order by filing a petition for review in the United States Court of Appeals for the District of Columbia Circuit or in the court of appeals of the United States for the circuit in which the person resides or has its principal place of business. The petition must be filed not later than 89 days after the regulation is prescribed or order is issued. The clerk of the court immediately shall send a copy of the petition to the Secretary of Transportation.

(2) A judgment of a court under paragraph (1) of this subsection may be reviewed only by the Supreme Court under section 1254 of title 28. A remedy under paragraph (1) is in addition to any other remedies provided by law.

(3) A judicial review of agency action under this section shall apply the standards of review established in section 706 of title 5.

(b) Review of Financial Responsibility Orders.—(1) A person adversely affected by an order issued under section 60111 of this title may apply for review of the order by filing a petition for review in the appropriate court of appeals of the United States. The petition must be filed not later than 60 days after the order is issued. Findings of fact the Secretary makes are conclusive if supported by substantial evidence.

(2) A judgment of a court under paragraph (1) of this subsection may be reviewed only by the Supreme Court under section 1254(1) of title 28.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1323; Pub. L. 112–90, §§2(d), 20(b), Jan. 3, 2012, 125 Stat. 1905, 1917.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

60119(a)(1) 
49 App.:1675(a). 
Aug. 12, 1968, Pub. L. 90–481, §8(a), 82 Stat. 724; Nov. 30, 1979, Pub. L. 96–129, §§104(e)(2), 152(a), 93 Stat. 994, 999; Jan. 14, 1983, Pub. L. 97–468, §102, 96 Stat. 2543.

  
49 App.:2005(a). 
Nov. 30, 1979, Pub. L. 96–129, §206(a), 93 Stat. 1009; Jan. 14, 1983, Pub. L. 97–468, §103, 96 Stat. 2543.

60119(a)(2) 
49 App.:1675(b), (c). 
Aug. 12, 1968, Pub. L. 90–481, §8(b), (c), 82 Stat. 724; Nov. 30, 1979, Pub. L. 96–129, §§104(e)(3), 152(a), 93 Stat. 994, 999.

  
49 App.:1675(d), (e). 
Aug. 12, 1968, Pub. L. 90–481, §8(d), (e), 82 Stat. 725; Nov. 30, 1979, Pub. L. 96–129, §152(a), 93 Stat. 999.

  
49 App.:2005(b)–(e). 
Nov. 30, 1979, Pub. L. 96–129, §206(b)–(e), 93 Stat. 1009.

60119(b)(1) 
49 App.:1674b(b) (4)(A), (B). 
Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §7(b)(4); added Nov. 30, 1979, Pub. L. 96–129, §153, 93 Stat. 1002.

60119(b)(2) 
49 App.:1674b(b) (4)(C).

In this section, the word "judicial" is omitted as surplus.

In subsection (a)(1), the words "Except as provided in subsection (b) of this section" are added for clarity. The words "who is or will be . . . or aggrieved" are omitted as surplus. The word "prescribed" is added for consistency in the revised title and with other titles of the United States Code. The word "Circuit" is added to complete the proper title of the Court. The word "resides" is substituted for "located" for clarity and for consistency in the revised title and with other titles of the Code. The words "or other officer designated by him for that purpose" are omitted as surplus because of 49:322(b).

In subsection (a)(2), the text of 49 App.:1675(b) and 2005(b) is omitted as surplus because of 28:1331 and because 5:ch. 7 applies in the absence of an exception. The text of 49 App.:1675(d) and 2005(d) is omitted as covered by rule 43 of the Federal Rules of Appellate Procedure (28 App. U.S.C.). The words "affirming or setting aside, in whole or in part, any such regulation or order of the Secretary" are omitted as surplus. The words "may be reviewed only" are substituted for "shall be final, subject to review" for consistency. The words "and not in substitution for" are omitted as surplus.

In subsection (b)(1), the words "adversely affected" are substituted for "aggrieved" for consistency in the revised title and with other titles of the Code. The word "only" is omitted as surplus. The text of 49 App.:1674b(b)(4)(B) (1st sentence) is omitted as surplus because 28:2112 applies in the absence of an exception. The text of 49 App.:1674b(b)(4)(B) (2d sentence) is omitted as surplus and because of 28:1651.

In subsection (b)(2), the words "and decree" are omitted as surplus. The words "may be reviewed only" are substituted for "shall be final, except that such judgment and decree shall be subject to review" for consistency and to eliminate unnecessary words. The words "upon certiorari" are omitted as surplus because of 28:1254(1).

Editorial Notes

Amendments

2012—Subsec. (a). Pub. L. 112–90, §2(d)(1), substituted ", Orders, and Other Final Agency Actions" for "and Waiver Orders" in heading.

Subsec. (a)(1). Pub. L. 112–90, §2(d)(2), substituted "order issued under this chapter" for "order issued about an application for a waiver under section 60118(c) or (d) of this title".

Subsec. (a)(3). Pub. L. 112–90, §20(b), added par. (3).
49 U.S.C. § 22903 (2024) — Title 49: TRANSPORTATION / Chapter 229 / Section 22903: Project management oversight
Project management oversight
Status: in_force

(a) Project Management Plan Requirements.—To receive Federal financial assistance for a major capital project under this chapter, an applicant must prepare and carry out a project management plan approved by the Secretary of Transportation. The plan shall provide for—

(1) adequate recipient staff organization with well-defined reporting relationships, statements of functional responsibilities, job descriptions, and job qualifications;

(2) a budget covering the project management organization, appropriate consultants, property acquisition, utility relocation, systems demonstration staff, audits, and miscellaneous payments the recipient may be prepared to justify;

(3) a construction schedule for the project;

(4) a document control procedure and recordkeeping system;

(5) a change order procedure that includes a documented, systematic approach to handling the construction change orders;

(6) organizational structures, management skills, and staffing levels required throughout the construction phase;

(7) quality control and quality assurance functions, procedures, and responsibilities for construction, system installation, and integration of system components;

(8) material testing policies and procedures;

(9) internal plan implementation and reporting requirements;

(10) criteria and procedures to be used for testing the operational system or its major components;

(11) periodic updates of the plan, especially related to project budget and project schedule, financing, and ridership estimates; and

(12) the recipient's commitment to submit periodically a project budget and project schedule to the Secretary.

[(b) Repealed. Pub. L. 114–94, div. A, title XI, §11316(p), Dec. 4, 2015, 129 Stat. 1679]

(c) Access to Sites and Records.—Each recipient of assistance under this chapter shall provide the Secretary and a contractor the Secretary chooses under subsection (b) of this section with access to the construction sites and records of the recipient when reasonably necessary.

(Added Pub. L. 110–432, div. B, title III, §301(a), Oct. 16, 2008, 122 Stat. 4941, §24403; amended Pub. L. 114–94, div. A, title XI, §11316(p), Dec. 4, 2015, 129 Stat. 1679; renumbered §22903, Pub. L. 115–420, §7(a)(1), Jan. 3, 2019, 132 Stat. 5445.)

Editorial Notes

Amendments

2019—Pub. L. 115–420 renumbered section 24403 of this title as this section.

2015—Subsec. (b). Pub. L. 114–94 struck out subsec. (b) which related to secretarial oversight.

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
49 U.S.C. § 525 (2024) — Title 49: TRANSPORTATION / Chapter 5 / Subchapter II / Section 525: Disobedience to subpoenas
Disobedience to subpoenas
Status: in_force

A motor carrier, motor carrier of migrant workers, or motor private carrier not obeying a subpoena or requirement of the Secretary of Transportation under this chapter to appear and testify or produce records shall be fined at least $1,000 but not more than $10,000, imprisoned for not more than one year, or both. The Secretary may withhold, suspend, amend, or revoke any part of the registration of a person required to register under chapter 139 for failing to obey a subpoena or requirement of the Secretary under this chapter to appear and testify or produce records.

(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2437; Pub. L. 112–141, div. C, title II, §32110, July 6, 2012, 126 Stat. 782.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

525 
49:304(a)(3) (last sentence) (related to "Sec. 305(d) (related to liability)"). 
Feb. 4, 1887, ch. 104, 24 Stat., 379, §204(a)(3) (last sentence) (related to "Sec. 205(d) (related to liability)"); added Aug. 9, 1935, ch. 498, 49 Stat. 546.

  
49:304(a)(3a) (last sentence) (related to "Sec. 305(d) (related to liability)"). 
Feb. 4, 1887, ch. 104, 24 Stat. 379, §204(a)(3a) (last sentence) (related to "Sec. 205(d) (related to liability)"); added Aug. 3, 1956, ch. 905, §2, 70 Stat. 958.

  
49:1655(f)(2). 
Oct. 15, 1966, Pub. L. 89–670, §6(f)(2), 80 Stat. 940.

The section is included because 49:1655(f)(2) gave the same administrative powers exercised by the Interstate Commerce Commission under certain sections of title 49 to the Secretary of Transportation to carry out duties transferred to the Secretary by 49:1655(e). See the revision notes for section 501 of the revised title for an explanation of the transfer under 49:1655(f)(2). The powers of the Commission have been codified in subtitle IV of the revised title. The comparable provisions of title 49 that are represented by the section may be found as follows:

 

Section 52549 U.S. CodeRevised Section

  
305(d) (related to liability). 
11913

See the revision notes for the revised section for an explanation of changes made in the text. Changes not accounted for in those revision notes are as follows:

The section does not apply to the liability of a rail carrier because 49:46 is not included in the specific enumeration of 49:1655(f)(2)(B)(ii). The text of 49:304(a)(3) (last sentence 1st–7th words) and (3a) (last sentence 1st–5th words) is omitted as executed. The words "under this chapter" are added for clarity.

Editorial Notes

Amendments

2012—Pub. L. 112–141 substituted "subpoenas" for "subpenas" in section catchline, and, in text, substituted "subpoena" for "subpena", "$1,000" for "$100", and "$10,000" for "$5,000" and inserted at end "The Secretary may withhold, suspend, amend, or revoke any part of the registration of a person required to register under chapter 139 for failing to obey a subpoena or requirement of the Secretary under this chapter to appear and testify or produce records."

Statutory Notes and Related Subsidiaries

Effective Date of 2012 Amendment

Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
49 U.S.C. § 49102 (2024) — Title 49: TRANSPORTATION / Chapter 491 / Section 49102: Purpose
Purpose
Status: in_force

(a) General.—The purpose of this chapter is to authorize the transfer of operating responsibility under long-term lease of the 2 Metropolitan Washington Airport properties as a unit, including access highways and other related facilities, to a properly constituted independent airport authority created by Virginia and the District of Columbia, in order to achieve local control, management, operation, and development of these important transportation assets.

(b) Inclusion of Baltimore/Washington International Airport Not Precluded.—This chapter does not prohibit the Airports Authority and Maryland from making an agreement to make Baltimore/Washington International Airport part of a regional airports authority, subject to terms agreed to by the Airports Authority, the Secretary of Transportation, Virginia, the District of Columbia, and Maryland.

(Added Pub. L. 105–102, §2(26), Nov. 20, 1997, 111 Stat. 2207.)

Historical and Revision Notes

Revised
Section
Source (U.S. Code)Source (Statutes at Large)

49102(a) 
(uncodified). 
Oct. 18, 1986, Pub. L. 99–500, title VI, §6003(a), 100 Stat. 1783–374.

  
  
Oct. 30, 1986, Pub. L. 99–591, title VI, §6003(a), 100 Stat. 3341–377.

49102(b) 
(uncodified). 
Oct. 18, 1986, Pub. L. 99–500, title VI, §6003(b), 100 Stat. 1783–374.

  
  
Oct. 30, 1986, Pub. L. 99–591, title VI, §6003(b), 100 Stat. 3341–377.

In subsection (b), the words "and conditions" are omitted as being included in "terms".

Editorial Notes

Prior Provisions

A prior section 49102 was renumbered section 50102 of this title.
49 U.S.C. § 6503 (2024) — Title 49: TRANSPORTATION / Chapter 65 / Section 6503: Transportation research and development 5-year strategic plan
Transportation research and development 5-year strategic plan
Status: in_force

(a) In General.—Not later than 180 days after the date of publication of the Department of Transportation Strategic Plan and not less frequently than once every 5 years thereafter, the Secretary shall develop a 5-year transportation research and development strategic plan to guide future Federal transportation research and development activities.

(b) Consistency.—Each strategic plan developed under subsection (a) shall be consistent with—

(1) section 306 of title 5;

(2) sections 1115 and 1116 of title 31; and

(3) any other research and development plan within the Department of Transportation.

(c) Contents.—Each strategic plandeveloped under subsection (a) shall—

(1) describe how the plan furthers the primary purposes of the transportation research and development program, which shall include—

(A) improving mobility of people and goods;

(B) reducing congestion;

(C) promoting safety;

(D) improving the durability and extending the life of transportation infrastructure;

(E) preserving the environment;

(F) preserving the existing transportation system; and

(G) reducing transportation cybersecurity risks;

(2) for each of the purposes referred to in paragraph (1), list the primary proposed research and development activities that the Department of Transportation intends to pursue to accomplish that purpose, which may include—

(A) fundamental research pertaining to the applied physical and natural sciences;

(B) applied science and research;

(C) technology development research; and

(D) social science research; and

(3) for each research and development activity—

(A) identify the anticipated annual funding levels for the period covered by the strategic plan; and

(B) describe the research findings the Department expects to discover at the end of the period covered by the strategic plan.

(d) Considerations.—The Secretary shall ensure that each strategic plan developed under this section—

(1) reflects input from a wide range of external stakeholders;

(2) includes and integrates the research and development programs of all of the modal administrations of the Department of Transportation, including aviation, transit, rail, and maritime and joint programs;

(3) takes into account research and development by other Federal, State, local, private sector, and nonprofit institutions;

(4) not later than December 31, 2021, and not less frequently than once every 5 years thereafter, is published on a public website; and

(5) takes into account how research and development by other Federal, State, private sector, and nonprofit institutions—

(A) contributes to the achievement of the purposes identified under subsection (c)(1); and

(B) avoids unnecessary duplication of those efforts.

(Added Pub. L. 114–94, div. A, title VI, §6019(b)(1), Dec. 4, 2015, 129 Stat. 1580; amended Pub. L. 117–58, div. B, title V, §25014, Nov. 15, 2021, 135 Stat. 869.)

Editorial Notes

Amendments

2021—Subsec. (a). Pub. L. 117–58, §25014(1), substituted "Not later than 180 days after the date of publication of the Department of Transportation Strategic Plan and not less frequently than once every 5 years thereafter, the Secretary" for "The Secretary".

Subsec. (b). Pub. L. 117–58, §25014(2), substituted "Each strategic" for "The strategic" in introductory provisions.

Subsec. (c). Pub. L. 117–58, §25014(3)(A), substituted "Each strategic" for "The strategic" in introductory provisions.

Subsec. (c)(1)(G). Pub. L. 117–58, §25014(3)(B), added subpar. (G).

Subsec. (d). Pub. L. 117–58, §25014(4)(A), substituted "each strategic" for "the strategic" in introductory provisions.

Subsec. (d)(4). Pub. L. 117–58, §25014(4)(B), substituted "2021, and not less frequently than once every 5 years thereafter" for "2016".

Subsec. (e). Pub. L. 117–58, §25014(5), struck out subsec. (e). Prior to amendment, text read as follows: "Not later than 2 ½ years after the date of enactment of this chapter, the Secretary may publish on a public website an interim report that—

"(1) provides an assessment of the 5-year research and development strategic plan of the Department of Transportation described in this section; and

"(2) includes a description of the extent to which the research and development is or is not successfully meeting the purposes described under subsection (c)(1)."

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees.
49 U.S.C. § 11707 (2024) — Title 49: TRANSPORTATION / Chapter 117 / Section 11707: Liability when property is delivered in violation of routing instructions
Liability when property is delivered in violation of routing instructions
Status: in_force

(a)(1) When a rail carrier providing transportation subject to the jurisdiction of the Board under this part diverts or delivers property to another rail carrier in violation of routing instructions in the bill of lading, both of those rail carriers are jointly and severally liable to the rail carrier that was deprived of its right to participate in hauling that property for the total amount of the rate it would have received if it participated in hauling the property.

(2) A rail carrier is not liable under paragraph (1) of this subsection when it diverts or delivers property in compliance with an order or regulation of the Board.

(3) A rail carrier to whom property is transported is not liable under this subsection if it shows that it had no notice of the routing instructions before transporting the property. The burden of proving lack of notice is on that rail carrier.

(b) The court shall award a reasonable attorney's fee to the plaintiff in a judgment against the defendant rail carrier under subsection (a) of this section. The court shall tax and collect that fee as a part of the costs of the action.

(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 849.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 11710 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).

Prior sections 11707 to 11712 were omitted in the general amendment of this subtitle by Pub. L. 104–88, §102(a).

Section 11707, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1453; Pub. L. 96–258, §1(14), June 3, 1980, 94 Stat. 427; Pub. L. 96–296, §26(b), July 1, 1980, 94 Stat. 818; Pub. L. 96–448, title II, §211(c), Oct. 14, 1980, 94 Stat. 1911; Pub. L. 99–521, §12(d), Oct. 22, 1986, 100 Stat. 2998; Pub. L. 100–690, title IX, §9114, Nov. 18, 1988, 102 Stat. 4535, related to liability of common carriers under receipts and bills of lading. See sections 11706, 14706, and 15906 of this title.

Section 11708, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1454; Pub. L. 99–521, §12(e)(1), (2), Oct. 22, 1986, 100 Stat. 2998, related to private enforcement of motor carrier and household goods freight forwarder licensing requirements. See section 14707 of this title.

Section 11709, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1454, related to liability for issuance of securities by certain carriers.

Section 11710, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1455, related to liability when property is delivered in violation of routing instructions. See section 11707 of this title.

Section 11711, added Pub. L. 96–454, §7(a)(1), Oct. 15, 1980, 94 Stat. 2016; amended Pub. L. 97–261, §6(d)(2), Sept. 20, 1982, 96 Stat. 1107, related to dispute settlement program for household goods carriers. See section 14708 of this title.

Section 11712, added Pub. L. 103–180, §4(a), Dec. 3, 1993, 107 Stat. 2049, related to tariff reconciliation rules for motor common carriers of property. See section 14709 of this title.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title.
49 U.S.C. § 15723 (2024) — Title 49: TRANSPORTATION / Chapter 157 / Section 15723: Reports by carriers, lessors, and associations
Reports by carriers, lessors, and associations
Status: in_force

(a) Filing of Reports.—The Board may require pipeline carriers, lessors, and associations, or classes of them as the Board may prescribe, to file annual, periodic, and special reports with the Board containing answers to questions asked by it.

(b) Under Oath.—Any report under this section shall be made under oath.

(Added Pub. L. 104–88, title I, §106(a), Dec. 29, 1995, 109 Stat. 926.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 11145 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title.
49 U.S.C. § 31303 (2024) — Title 49: TRANSPORTATION / Chapter 313 / Section 31303: Notification requirements
Notification requirements
Status: in_force

(a) Violations.—An individual operating a commercial motor vehicle, having a driver's license issued by a State, and violating a State or local law on motor vehicle traffic control (except a parking violation) shall notify the individual's employer of the violation. If the violation occurred in a State other than the issuing State, the individual also shall notify a State official designated by the issuing State. The notifications required by this subsection shall be made not later than 30 days after the date the individual is found to have committed the violation.

(b) Revocations, Suspensions, and Cancellations.—An employee who has a driver's license revoked, suspended, or canceled by a State, who loses the right to operate a commercial motor vehicle in a State for any period, or who is disqualified from operating a commercial motor vehicle for any period, shall notify the employee's employer of the action not later than 30 days after the date of the action.

(c) Previous Employment.—(1) Subject to paragraph (2) of this subsection, an individual applying for employment as an operator of a commercial motor vehicle shall notify the prospective employer, at the time of the application, of any previous employment as an operator of a commercial motor vehicle.

(2) The Secretary of Transportation shall prescribe by regulation the period for which notice of previous employment must be given under paragraph (1) of this subsection. However, the period may not be less than the 10-year period ending on the date of the application.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1016.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

31303
49 App.:2702.
Oct. 27, 1986, Pub. L. 99–570, §12003, 100 Stat. 3207–171.

In this section, the words "Effective July 1, 1987" are omitted as executed.

In subsection (c)(1), the words "operates a commercial motor vehicle and" and "with an employer" are omitted as surplus.
49 U.S.C. § 48104 (2024) — Title 49: TRANSPORTATION / Chapter 481 / Section 48104: Operations and maintenance
Operations and maintenance
Status: in_force

The balance of the money available in the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502) may be appropriated to the Secretary of Transportation out of the Fund for—

(1) direct costs the Secretary incurs to flight check, operate, and maintain air navigation facilities referred to in section 44502(a)(1)(A) of this title safely and efficiently; and

(2) the costs of services provided under international agreements related to the joint financing of air navigation services assessed against the United States Government.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1296; Pub. L. 103–305, title I, §102(b), Aug. 23, 1994, 108 Stat. 1571; Pub. L. 104–264, title I, §103(b), (d)(1), Oct. 9, 1996, 110 Stat. 3216; Pub. L. 104–287, §5(87), Oct. 11, 1996, 110 Stat. 3398; Pub. L. 106–181, title I, §106(d), Apr. 5, 2000, 114 Stat. 73; Pub. L. 115–254, div. B, title V, §539(r), Oct. 5, 2018, 132 Stat. 3371.)

Historical and Revision Notes
Pub. L. 103–272

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

48104(a)
49 App.:2202(a)(24).
Sept. 3, 1982, Pub. L. 97–248, §503(a)(24), 96 Stat. 674; Dec. 30, 1987, Pub. L. 100–223, §103(c)(1), 101 Stat. 1488.

  
49 App.:2205(c)(1).
Sept. 3, 1982, Pub. L. 97–248, §506(c)(1), 96 Stat. 678; Dec. 30, 1987, Pub. L. 100–223, §105(g)(2)(A), (C), 101 Stat. 1494.

48104(b)
49 App.:2205(c)(2).
Sept. 3, 1982, Pub. L. 97–248, §506(c)(2), 96 Stat. 678; Jan. 6, 1983, Pub. L. 97–424, §426(c), 96 Stat. 2168; Dec. 30, 1987, Pub. L. 100–223, §105(g)(2)(B), (C), 101 Stat. 1494.

  
49 App.:2205(c)(3).
Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §506(c)(3); added Dec. 30, 1987, Pub. L. 100–223, §105(c)(1), 101 Stat. 1492; Nov. 5, 1990, Pub. L. 101–508, §9107(a), 104 Stat. 1388–355.

  
49 App.:2205(c)(4).
Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §506(c)(4); added Nov. 5, 1990, Pub. L. 101–508, §9107(b), 104 Stat. 1388–355; Oct. 31, 1992, Pub. L. 102–581, §103(c)(1), 106 Stat. 4877.

In subsection (a), before clause (1), the words "Except as provided in this section" are added for clarity. The words "to the Secretary of Transportation" are added for clarity and consistency in this chapter.

In subsection (b), the text of 49 App.:2205(c)(2) and (3) and the reference to fiscal years 1991 and 1992 in 49 App:2205(c)(4) are omitted as obsolete.

Pub. L. 104–287

This makes a clarifying amendment to the catchline for 49:48104(b).

Editorial Notes

Amendments

2018—Pub. L. 115–254, which directed substitution of "The" for "(a) Authorization of Appropriations.—the" in section 48104, without specifying the Code title to be amended, was executed by making the substitution in this section, to reflect the probable intent of Congress.

2000—Subsec. (a). Pub. L. 106–181, §106(d)(1), struck out "Except as provided in this section," before "the balance of the money" in introductory provisions.

Subsecs. (b), (c). Pub. L. 106–181, §106(d)(2), struck out heading and text of subsecs. (b) and (c), which set out funding limitations for fiscal year 1993 and fiscal years 1994 to 1998, respectively.

1996—Pub. L. 104–264, §103(d)(1), substituted "Operations and maintenance" for "Certain direct costs and joint air navigation services" in section catchline.

Subsec. (b). Pub. L. 104–287 substituted "Year" for "Years" in heading.

Subsec. (c). Pub. L. 104–264, §103(b)(1), (2), substituted "1998" for "1996" in heading and "1994 through 1998" for "1994, 1995, and 1996" in introductory provisions.

Subsec. (c)(2)(A). Pub. L. 104–264, §103(b)(3), substituted "72.5 percent" for "70 percent".

1994—Subsec. (b). Pub. L. 103–305, §102(b)(1), (2), inserted "for Fiscal Years 1993" in heading and substituted "fiscal year 1993" for "each of the fiscal years ending September 30, 1993–1995," in introductory provisions.

Subsec. (c). Pub. L. 103–305, §102(b)(3), added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date of 2000 Amendment

Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.

Effective Date of 1996 Amendment

Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title.
49 U.S.C. § 24701 (2024) — Title 49: TRANSPORTATION / Chapter 247 / Section 24701: National rail passenger transportation system
National rail passenger transportation system
Status: in_force

Amtrak shall operate a national rail passenger transportation system which ties together existing and emergent regional rail passenger service and other intermodal passenger service.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 923; Pub. L. 105–134, title I, §101(a)(1), Dec. 2, 1997, 111 Stat. 2572.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

24701(a)
45:561(b).
Oct. 30, 1970, Pub. L. 91–518, §401(b), 84 Stat. 1335.

24701(b)
45:561(c).
Oct. 30, 1970, Pub. L. 91–518, §401(c), 84 Stat. 1335; Nov. 3, 1973, Pub. L. 93–146, §9, 87 Stat. 551.

In subsection (a), before clause (1), the text of 45:561(b) (1st sentence words after 3d comma) is omitted as obsolete because no regional transportation authority provided intercity rail passenger transportation after May 1, 1971. The words "On May 1, 1971" and "begin" are omitted as executed. The words "between points" and "either" are omitted as surplus. In clause (2), the words "under contract with Amtrak" are substituted for 45:561(b) (last sentence) for clarity and to eliminate unnecessary words. The words "at any time subsequent to May 1, 1971" are omitted as executed.

In subsection (b), the words "concerning auto-ferry service . . . railroad or any other" are omitted as surplus.

Editorial Notes

Amendments

1997—Pub. L. 105–134 substituted section catchline for former catchline which read "Operation of basic system" and amended text generally. Prior to amendment, text read as follows:

"(a) By Amtrak.—Amtrak shall provide intercity rail passenger transportation within the basic system unless the transportation is provided by—

"(1) a rail carrier with which Amtrak did not make a contract under section 401(a) of the Rail Passenger Service Act; or

"(2) a regional transportation authority under contract with Amtrak.

"(b) By Others With Consent of Amtrak.—Except as provided in section 24306 of this title, a person may provide intercity rail passenger transportation over a route over which Amtrak provides scheduled intercity rail passenger transportation under a contract under section 401(a) of the Act only with the consent of Amtrak."
49 U.S.C. § 44914 (2024) — Title 49: TRANSPORTATION / Chapter 449 / Subchapter I / Section 44914: Airport construction guidelines
Airport construction guidelines
Status: in_force

In consultation with the Department of Transportation, air carriers, airport authorities, and others the Administrator of the Transportation Security Administration considers appropriate, the Administrator shall develop guidelines for airport design and construction to allow for maximum security enhancement. In developing the guidelines, the Administrator shall consider the results of the assessment carried out under section 44904(a) of this title.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1214; Pub. L. 107–71, title I, §101(f)(7), (9), Nov. 19, 2001, 115 Stat. 603; Pub. L. 115–254, div. K, title I, §1991(d)(12), Oct. 5, 2018, 132 Stat. 3635.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

44914
49 App.:1357 (note).
Nov. 16, 1990, Pub. L. 101–604, §106(f), 104 Stat. 3075.

  
49 App.:1432(d).
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §612(d); added Nov. 16, 1990, Pub. L. 101–604, §110(a), 104 Stat. 3080.

The words "In developing the guidelines" are substituted for "In developing airport construction guidelines under subsection (d) of section 612 of the Federal Aviation Act of 1958, as added by section 110 of this Act" in section 106(f) of the Aviation Security Improvement Act of 1990 (Public Law 101–604, 104 Stat. 3075) to eliminate unnecessary words.

Editorial Notes

Amendments

2018—Pub. L. 115–254 substituted "with the Department of Transportation, air carriers, airport authorities, and others the Administrator of the Transportation Security Administration" for "with air carriers, airport authorities, and others the Under Secretary of Transportation for Security" and, in two places, "Administrator" for "Under Secretary".

2001—Pub. L. 107–71 substituted "Under Secretary" for "Administrator" wherever appearing and "of Transportation for Security" for "of the Federal Aviation Administration".
49 U.S.C. § 15902 (2024) — Title 49: TRANSPORTATION / Chapter 159 / Section 15902: Enforcement by the Board
Enforcement by the Board
Status: in_force

The Board may bring a civil action to enforce an order of the Board, except a civil action to enforce an order for the payment of money, when it is violated by a pipeline carrier providing transportation subject to this part.

(Added Pub. L. 104–88, title I, §106(a), Dec. 29, 1995, 109 Stat. 927.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 11702 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title.
49 U.S.C. § 45104 (2024) — Title 49: TRANSPORTATION / Chapter 451 / Section 45104: Testing and laboratory requirements
Testing and laboratory requirements
Status: in_force

In carrying out section 45102 of this title, the Administrator of the Federal Aviation Administration shall develop requirements that—

(1) promote, to the maximum extent practicable, individual privacy in the collection of specimens;

(2) for laboratories and testing procedures for controlled substances, incorporate the Department of Health and Human Services scientific and technical guidelines dated April 11, 1988, and any amendments to those guidelines, including mandatory guidelines establishing—

(A) comprehensive standards for every aspect of laboratory controlled substances testing and laboratory procedures to be applied in carrying out this chapter, including standards requiring the use of the best available technology to ensure the complete reliability and accuracy of controlled substances tests and strict procedures governing the chain of custody of specimens collected for controlled substances testing;

(B) the minimum list of controlled substances for which individuals may be tested; and

(C) appropriate standards and procedures for periodic review of laboratories and criteria for certification and revocation of certification of laboratories to perform controlled substances testing in carrying out this chapter;

(3) require that a laboratory involved in controlled substances testing under this chapter have the capability and facility, at the laboratory, of performing screening and confirmation tests;

(4) provide that all tests indicating the use of alcohol or a controlled substance in violation of law or a United States Government regulation be confirmed by a scientifically recognized method of testing capable of providing quantitative information about alcohol or a controlled substance;

(5) provide that each specimen be subdivided, secured, and labeled in the presence of the tested individual and that a part of the specimen be retained in a secure manner to prevent the possibility of tampering, so that if the individual's confirmation test results are positive the individual has an opportunity to have the retained part tested by a 2d confirmation test done independently at another certified laboratory if the individual requests the 2d confirmation test not later than 3 days after being advised of the results of the first confirmation test;

(6) ensure appropriate safeguards for testing to detect and quantify alcohol in breath and body fluid samples, including urine and blood, through the development of regulations that may be necessary and in consultation with the Secretary of Health and Human Services;

(7) provide for the confidentiality of test results and medical information (except information about alcohol or a controlled substance) of employees, except that this clause does not prevent the use of test results for the orderly imposition of appropriate sanctions under this chapter; and

(8) ensure that employees are selected for tests by nondiscriminatory and impartial methods, so that no employee is harassed by being treated differently from other employees in similar circumstances.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1222.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

45104
49 App.:1434(d).
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §614(d); added Oct. 28, 1991, Pub. L. 102–143, §3(a), 105 Stat. 955.

In this section, the word "samples" is omitted as surplus.

In clause (2), before subclause (A), the word "subsequent" is omitted as surplus.

In clause (3), the words "of any individual" are omitted as surplus.

In clause (4), the words "by any individual" are omitted as surplus.

In clause (5), the word "tested" is substituted for "assayed" for consistency. The words "2d confirmation test" are substituted for "independent test" for clarity and consistency.

In clause (6), the word "Secretary" is substituted for "Department" for consistency in the revised title and with other titles of the United States Code.
49 U.S.C. § 117 (2024) — Title 49: TRANSPORTATION / Chapter 1 / Section 117: Council on Credit and Finance
Council on Credit and Finance
Status: in_force

(a) Establishment.—The Secretary of Transportation shall establish a Council on Credit and Finance in accordance with this section.

(b) Membership.—

(1) In general.—The Council shall be composed of the following members:

(A) The Deputy Secretary of Transportation.

(B) The Under Secretary of Transportation for Policy.

(C) The Chief Financial Officer and Assistant Secretary for Budget and Programs.

(D) The General Counsel of the Department of Transportation.

(E) The Assistant Secretary for Transportation Policy.

(F) The Administrator of the Federal Highway Administration.

(G) The Administrator of the Federal Transit Administration.

(H) The Administrator of the Federal Railroad Administration.

(2) Additional members.—The Secretary may designate up to 3 additional officials of the Department to serve as at-large members of the Council.

(3) Chairperson and vice chairperson.—

(A) Chairperson.—The Deputy Secretary of Transportation shall serve as the chairperson of the Council.

(B) Vice chairperson.—The Chief Financial Officer and Assistant Secretary for Budget and Programs shall serve as the vice chairperson of the Council.

(4) Executive director.—The Executive Director of the National Surface Transportation and Innovative Finance Bureau shall serve as a nonvoting member of the Council.

(c) Duties.—The Council shall—

(1) review applications for assistance submitted under the programs referred to in subparagraphs (A), (B), and (C) of section 116(d)(1);

(2) review applications for assistance submitted under the program referred to in section 116(d)(1)(D), as determined appropriate by the Secretary;

(3) make recommendations to the Secretary regarding the selection of projects to receive assistance under such programs;

(4) review, on a regular basis, projects that received assistance under such programs; and

(5) carry out such additional duties as the Secretary may prescribe.

(Added Pub. L. 114–94, div. A, title IX, §9002(a), Dec. 4, 2015, 129 Stat. 1618.)

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees.
49 U.S.C. § 32703 (2024) — Title 49: TRANSPORTATION / Chapter 327 / Section 32703: Preventing tampering
Preventing tampering
Status: in_force

A person may not—

(1) advertise for sale, sell, use, install, or have installed, a device that makes an odometer of a motor vehicle register a mileage different from the mileage the vehicle was driven, as registered by the odometer within the designed tolerance of the manufacturer of the odometer;

(2) disconnect, reset, alter, or have disconnected, reset, or altered, an odometer of a motor vehicle intending to change the mileage registered by the odometer;

(3) with intent to defraud, operate a motor vehicle on a street, road, or highway if the person knows that the odometer of the vehicle is disconnected or not operating; or

(4) conspire to violate this section or section 32704 or 32705 of this title.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1049; Pub. L. 103–429, §6(33), Oct. 31, 1994, 108 Stat. 4380.)

Historical and Revision Notes
Pub. L. 103–272

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

32703(1)
15:1983.
Oct. 20, 1972, Pub. L. 92–513, §403, 86 Stat. 962; July 14, 1976, Pub. L. 94–364, §402, 90 Stat. 983.

32703(2)
15:1984.
Oct. 20, 1972, Pub. L. 92–513, §§404, 405, 86 Stat. 962; restated July 14, 1976, Pub. L. 94–364, §§403, 404, 90 Stat. 983.

32703(3)
15:1985.

32703(4)
15:1986.
Oct. 20, 1972, Pub. L. 92–513, §406, 86 Stat. 962.

In clause (1), the words "the mileage the vehicle was driven, as registered by the odometer within the designed tolerance of the manufacturer of the odometer" are substituted for "the true mileage driven. For purposes of this section, the true mileage driven is that mileage driven by the vehicle as registered by the odometer within the manufacturer's designed tolerance" to eliminate unnecessary words.

In clause (3), the words "public" and "road" are added for consistency in this subtitle.

Pub. L. 103–429

This amends 49:32703(3) to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1049).

Editorial Notes

Amendments

1994—Par. (3). Pub. L. 103–429 struck out "public" before "street".

Statutory Notes and Related Subsidiaries

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
49 U.S.C. § 14701 (2024) — Title 49: TRANSPORTATION / Chapter 147 / Section 14701: General authority
General authority
Status: in_force

(a) Investigations.—The Secretary or the Board, as applicable, may begin an investigation under this part on the Secretary's or the Board's own initiative or on complaint. If the Secretary or Board, as applicable, finds that a carrier or broker is violating this part, the Secretary or Board, as applicable, shall take appropriate action to compel compliance with this part. If the Secretary finds that a foreign motor carrier or foreign motor private carrier is violating chapter 139, the Secretary shall take appropriate action to compel compliance with that chapter. The Secretary or Board, as applicable, may take action under this subsection only after giving the carrier or broker notice of the investigation and an opportunity for a proceeding.

(b) Complaints.—A person, including a governmental authority, may file with the Secretary or Board, as applicable, a complaint about a violation of this part by a carrier providing, or broker for, transportation or service subject to jurisdiction under this part or a foreign motor carrier or foreign motor private carrier providing transportation registered under section 13902 of this title. The complaint must state the facts that are the subject of the violation. The Secretary or Board, as applicable, may dismiss a complaint that it determines does not state reasonable grounds for investigation and action.

(c) Deadline.—A formal investigative proceeding begun by the Secretary or Board under subsection (a) of this section is dismissed automatically unless it is concluded with administrative finality by the end of the 3d year after the date on which it was begun.

(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 904.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 11701 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title.

Consumer Complaint Information

Pub. L. 109–59, title IV, §4214, Aug. 10, 2005, 119 Stat. 1759, provided that:

"(a) Establishment of System.—Not later than 1 year after the date of enactment of this Act [Aug. 10, 2005], the Secretary shall—

"(1) establish (A) a system for filing and logging consumer complaints relating to household goods motor carriers for the purpose of compiling or linking complaint information gathered by the Department of Transportation and the States with regard to such carriers, (B) a database of the complaints, and (C) a procedure for the public to have access, subject to section 552(a) of title 5, United States Code, to aggregated information and for carriers to challenge duplicate or fraudulent information in the database;

"(2) issue regulations requiring each motor carrier of household goods to submit on a quarterly basis a report summarizing—

"(A) the number of shipments that originate and are delivered for individual shippers during the reporting period by the carrier;

"(B) the number and general category of complaints lodged by consumers with the carrier;

"(C) the number of claims filed with the carrier for loss and damage in excess of $500;

"(D) the number of such claims resolved during the reporting period;

"(E) the number of such claims declined in the reporting period; and

"(F) the number of such claims that are pending at the close of the reporting period; and

"(3) develop a procedure to forward a complaint, including the motor carrier bill of lading number, if known, related to the complaint to a motor carrier named in such complaint and to an appropriate State authority (as defined in section 14710(d) of title 49, United States Code) in the State in which the complainant resides.

"(b) Use of Information.—The Secretary shall consider information in the data base established under subsection (a) in its household goods compliance and enforcement program."

[For definitions of "carrier", "household goods", "motor carrier", and "Secretary" as used in section 4214 of Pub. L. 109–59, set out above, see section 4202(a) of Pub. L. 109–59, set out as a note under section 13102 of this title.]
49 U.S.C. § 1138 (2024) — Title 49: TRANSPORTATION / Chapter 11 / Subchapter III / Section 1138: Evaluation and audit of National Transportation Safety Board
Evaluation and audit of National Transportation Safety Board
Status: in_force

(a) In General.—To promote economy, efficiency, and effectiveness in the administration of the programs, operations, and activities of the National Transportation Safety Board, the Comptroller General of the United States shall evaluate and audit the programs and expenditures of the Board. Such evaluation and audit shall be conducted as determined necessary by the Comptroller General or the appropriate congressional committees.

(b) Responsibility of Comptroller General.—The Comptroller General shall evaluate and audit Board programs, operations, and activities, including—

(1) information management and security, including privacy protection of personally identifiable information;

(2) resource management;

(3) workforce development;

(4) procurement and contracting planning, practices and policies;

(5) the process and procedures to select an accident to investigate;

(6) the extent to which the Board follows leading practices in selected management areas; and

(7) the extent to which the Board addresses management challenges in completing accident investigations.

(c) Appropriate Congressional Committees.—For purposes of this section the term "appropriate congressional committees" means the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.

(Added Pub. L. 109–443, §5(a), Dec. 21, 2006, 120 Stat. 3299; amended Pub. L. 113–188, title XV, §1502, Nov. 26, 2014, 128 Stat. 2025; Pub. L. 115–254, div. C, §1110, Oct. 5, 2018, 132 Stat. 3435; Pub. L. 118–63, title XII, §1221(a), May 16, 2024, 138 Stat. 1432.)

Editorial Notes

Amendments

2024—Subsec. (a). Pub. L. 118–63 substituted "expenditures of the" for "expenditures of the National Transportation Safety".

2018—Subsec. (b)(5) to (7). Pub. L. 115–254, §1110(1), added par. (5) and redesignated former pars. (5) and (6) as (6) and (7), respectively.

Subsec. (c). Pub. L. 115–254, §1110(2), inserted comma after "Science".

2014—Subsec. (a). Pub. L. 113–188 struck out "at least annually, but may be conducted" after "Such evaluation and audit shall be conducted".
49 U.S.C. § 20135 (2024) — Title 49: TRANSPORTATION / Chapter 201 / Subchapter II / Section 20135: Licensing or certification of locomotive operators
Licensing or certification of locomotive operators
Status: in_force

(a) General.—The Secretary of Transportation shall prescribe regulations and issue orders to establish a program requiring the licensing or certification, after one year after the program is established, of any operator of a locomotive.

(b) Program Requirements.—The program established under subsection (a) of this section—

(1) shall be carried out through review and approval of each railroad carrier's operator qualification standards;

(2) shall provide minimum training requirements;

(3) shall require comprehensive knowledge of applicable railroad carrier operating practices and rules;

(4) except as provided in subsection (c)(1) of this section, shall require consideration, to the extent the information is available, of the motor vehicle driving record of each individual seeking licensing or certification, including—

(A) any denial, cancellation, revocation, or suspension of a motor vehicle operator's license by a State for cause within the prior 5 years; and

(B) any conviction within the prior 5 years of an offense described in section 30304(a)(3)(A) or (B) of this title;

(5) may require, based on the individual's driving record, disqualification or the granting of a license or certification conditioned on requirements the Secretary prescribes; and

(6) shall require an individual seeking a license or certification—

(A) to request the chief driver licensing official of each State in which the individual has held a motor vehicle operator's license within the prior 5 years to provide information about the individual's driving record to the individual's employer, prospective employer, or the Secretary, as the Secretary requires; and

(B) to make the request provided for in section 30305(b)(4) of this title for information to be sent to the individual's employer, prospective employer, or the Secretary, as the Secretary requires.

(c) Waivers.—(1) The Secretary shall prescribe standards and establish procedures for waiving subsection (b)(4) of this section for an individual or class of individuals who the Secretary decides are not currently unfit to operate a locomotive. However, the Secretary may waive subsection (b)(4) for an individual or class of individuals with a conviction, cancellation, revocation, or suspension described in paragraph (2)(A) or (B) of this subsection only if the individual or class, after the conviction, cancellation, revocation, or suspension, successfully completes a rehabilitation program established by a railroad carrier or approved by the Secretary.

(2) If an individual, after the conviction, cancellation, revocation, or suspension, successfully completes a rehabilitation program established by a railroad carrier or approved by the Secretary, the individual may not be denied a license or certification under subsection (b)(4) of this section because of—

(A) a conviction for operating a motor vehicle when under the influence of, or impaired by, alcohol or a controlled substance; or

(B) the cancellation, revocation, or suspension of the individual's motor vehicle operator's license for operating a motor vehicle when under the influence of, or impaired by, alcohol or a controlled substance.

(d) Opportunity for Hearing.—An individual denied a license or certification or whose license or certification is conditioned on requirements prescribed under subsection (b)(4) of this section shall be entitled to a hearing under section 20103(e) of this title to decide whether the license has been properly denied or conditioned.

(e) Opportunity to Examine and Comment on Information.—The Secretary, employer, or prospective employer, as appropriate, shall make information obtained under subsection (b)(6) of this section available to the individual. The individual shall be given an opportunity to comment in writing about the information. Any comment shall be included in any record or file maintained by the Secretary, employer, or prospective employer that contains information to which the comment is related.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 874.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

20135(a) 
45:431(i)(1). 
Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, §202(i); added June 22, 1988, Pub. L. 100–342, §§4(a), 7(b), 102 Stat. 625, 628; Sept. 3, 1992, Pub. L. 102–365, §2(1), 106 Stat. 972.

20135(b) 
45:431(i)(2).

20135(c)(1) 
45:431(i)(4).

20135(c)(2) 
45:431(i)(6).

20135(d) 
45:431(i)(5).

20135(e) 
45:431(i)(3).

In subsection (a), the words "within 12 months after June 22, 1988" are omitted as executed. The words "including any locomotive engineer" are omitted as surplus. The words "after one year after" are substituted for "after the expiration of 12 months following" to eliminate unnecessary words.

In subsection (b)(5), the word "requirements" is substituted for "terms" for consistency in this section.

In subsection (c)(1), the words "In establishing the program under this subsection" are omitted as surplus.
49 U.S.C. § 32304B (2024) — Title 49: TRANSPORTATION / Chapter 323 / Section 32304B: Child safety
Child safety
Status: in_force

(a) Definitions.—In this section:

(1) Passenger motor vehicle.—The term "passenger motor vehicle" has the meaning given that term in section 32101.

(2) Rear-designated seating position.—The term "rear-designated seating position" means designated seating positions that are rearward of the front seat.

(3) Secretary.—The term "Secretary" means the Secretary of Transportation.

(b) Rulemaking.—Not later than 2 years after the date of enactment of this section, the Secretary shall issue a final rule requiring all new passenger motor vehicles weighing less than 10,000 pounds gross vehicle weight to be equipped with a system to alert the operator to check rear-designated seating positions after the vehicle engine or motor is deactivated by the operator.

(c) Means.—The alert required under subsection (b)—

(1) shall include a distinct auditory and visual alert, which may be combined with a haptic alert; and

(2) shall be activated when the vehicle motor is deactivated by the operator.

(d) Phase-in.—The rule issued pursuant to subsection (b) shall require full compliance with the rule beginning on September 1st of the first calendar year that begins 2 years after the date on which the final rule is issued.

(Added Pub. L. 117–58, div. B, title IV, §24222(a)(1), Nov. 15, 2021, 135 Stat. 835.)

Editorial Notes

References in Text

The date of enactment of this section, referred to in subsec. (b), is the date of enactment of Pub. L. 117–58, which was approved Nov. 15, 2021.
49 U.S.C. § 46302 (2024) — Title 49: TRANSPORTATION / Chapter 463 / Section 46302: False information
False information
Status: in_force

(a) Civil Penalty.—A person that, knowing the information to be false, gives, or causes to be given, under circumstances in which the information reasonably may be believed, false information about an alleged attempt being made or to be made to do an act that would violate section 46502(a), 46504, 46505, or 46506 of this title, is liable to the United States Government for a civil penalty of not more than $10,000 for each violation.

(b) Compromise and Setoff.—(1) The Secretary of Homeland Security and, for a violation relating to section 46504, the Secretary of Transportation, may compromise the amount of a civil penalty imposed under subsection (a) of this section.

(2) The Government may deduct the amount of a civil penalty imposed or compromised under this section from amounts it owes the person liable for the penalty.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1234; Pub. L. 108–458, title IV, §4027(b), Dec. 17, 2004, 118 Stat. 3727.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

46302(a)
49 App.:1471(c).
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §901(c); added Oct. 12, 1984, Pub. L. 98–473, §2014(a)(1), 98 Stat. 2189.

46302(b)
49 App.:1471(a)(2) (related to 1471(c)).
Aug. 23, 1958, Pub. L. 85–726, §901(a)(2) (related to §901(c)), 72 Stat. 784; July 10, 1962, Pub. L. 87–528, §12, 76 Stat. 150; restated Oct. 24, 1978, Pub. L. 95–504, §35(b), 92 Stat. 1740; Oct. 12, 1984, Pub. L. 98–473, §2014(b), 98 Stat. 2189.

  
49 App.:1551(b)(1)(E).
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704.

In subsection (a), the words "gives, or causes to be given" are substituted for "imparts or conveys or causes to be imparted or conveyed" to eliminate unnecessary words. The words "attempt or", "a crime", and "which shall be recoverable in a civil action brought in the name of the United States" are omitted as surplus.

In subsection (b)(1), the words "imposed under" are substituted for "provided for in" for consistency.

In subsection (b)(2), the words "imposed or compromised" are substituted for "The amount of such penalty when finally determined or fixed by order of the Board, or the amount agreed upon in compromise" to eliminate unnecessary words.

Editorial Notes

Amendments

2004—Subsec. (b)(1). Pub. L. 108–458 substituted "Secretary of Homeland Security and, for a violation relating to section 46504, the Secretary of Transportation," for "Secretary of Transportation".
49 U.S.C. § 44933 (2024) — Title 49: TRANSPORTATION / Chapter 449 / Subchapter II / Section 44933: Federal Security Managers 1
Federal Security Managers 1
Status: in_force

(a) Establishment, Designation, and Stationing.—The Administrator of the Transportation Security Administration shall establish the position of Federal Security Director at each airport in the United States described in section 44903(c). The Administrator of the Transportation Security Administration shall designate individuals as Federal Security Directors for, and station those Federal Security Directors at, those airports.

(b) Duties and Powers.—The Federal Security Director at each airport shall—

(1) oversee the screening of passengers and property at the airport; and

(2) carry out other duties prescribed by the Administrator of the Transportation Security Administration.

(c) Information Sharing.—Not later than 1 year after the date of the enactment of the TSA Modernization Act, the Administrator shall—

(1) require each Federal Security Director of an airport to meet at least quarterly with the airport director, airport security coordinator, and law enforcement agencies serving each such airport to discuss incident management protocols, including the resolution of screening anomalies at passenger screening checkpoints; and

(2) require each Federal Security Director at an airport to inform, consult, and coordinate, as appropriate, with the respective airport security coordinator in a timely manner on security matters impacting airport operations and to establish and maintain operational protocols with such airport operators to ensure coordinated responses to security matters.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1216; Pub. L. 107–71, title I, §§101(f)(4), 103, Nov. 19, 2001, 115 Stat. 603, 605; Pub. L. 115–254, div. K, title I, §§1989(a), 1991(d)(24), Oct. 5, 2018, 132 Stat. 3624, 3637.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

44933(a)
49 App.:1358b(a)(1), (2), (4).
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §319(a); added Nov. 16, 1990, Pub. L. 101–604, §104, 104 Stat. 3070.

44933(b)
49 App.:1358b(a)(3).

44933(c)
49 App.:1358b(a)(5).

In subsection (a), the words "Not later than 90 days after November 16, 1990" are omitted as obsolete. The words "The Administrator shall designate individuals as Managers for, and station those Managers at, those airports" are substituted for "and shall begin designating persons as such Managers and stationing such Managers at such airports" for clarity and because of the restatement. The words "and designate a current field employee of the Administration as a Manager" are substituted for "assign the functions and responsibilities described in this section to existing Federal Aviation Administration field personnel and designate such personnel accordingly" to eliminate unnecessary words. The words "to the office of" are omitted as unnecessary. The words "Not later than 1 year after November 16, 1990" are omitted as obsolete. The words "Secretary of Transportation" are substituted for "Department of Transportation" because of 49:102.

In subsection (b), before clause (1), the words "The Manager at each airport shall" are substituted for "The responsibilities of a Federal Security Manager shall include the following" to eliminate unnecessary words. In clause (2)(A), the words "air carrier" are substituted for "such air carrier" because this is the first time the term is used in the source provisions. In clause (3), the words "United States Government" are substituted for "Federal" for clarity and consistency in the revised title and with other titles of the United States Code. In clause (7), the words "other Managers" are substituted for "Federal Security Managers at other airports, as appropriate" to eliminate unnecessary words.

In subsection (c), the words "duties and powers" are substituted for "responsibilities" for clarity and consistency in the revised title and with other titles of the Code.

Editorial Notes

References in Text

The date of the enactment of the TSA Modernization Act, referred to in subsec. (c), is the date of the enactment of title I of div. K of Pub. L. 115–254, which was approved Oct. 5, 2018.

Amendments

2018—Subsec. (a). Pub. L. 115–254, §1991(d)(24)(C), substituted "Administrator of the Transportation Security Administration shall designate" for "Under Secretary shall designate".

Pub. L. 115–254, §1991(d)(24)(A), substituted "Administrator of the Transportation Security Administration shall establish" for "Under Secretary of Transportation for Security shall establish", "Federal Security Director" for "Federal Security Manager", and, in two places, "Federal Security Directors" for "Managers".

Subsec. (b). Pub. L. 115–254, §1991(d)(24)(B), substituted "Federal Security Director" for "Manager" in introductory provisions.

Subsec. (b)(2). Pub. L. 115–254, §1991(d)(24)(C), substituted "Administrator of the Transportation Security Administration" for "Under Secretary".

Subsec. (c). Pub. L. 115–254, §1989(a), added subsec. (c).

2001—Pub. L. 107–71, §103, amended section generally, substituting provisions relating to designation, establishment, and stationing procedures and duties and powers for provisions which contained a more detailed listing of responsibilities and a prohibition against a Civil Aviation Security Field Officer being assigned security duties and powers at an airport having a Manager.

Subsec. (a). Pub. L. 107–71, §101(f)(4), substituted "Under Secretary" for "Assistant Administrator for Civil Aviation Security".

1 So in original. Probably should be "Directors".
49 U.S.C. § 60120 (2024) — Title 49: TRANSPORTATION / Chapter 601 / Section 60120: Enforcement
Enforcement
Status: in_force

(a) Civil Actions.—

(1) Civil actions to enforce this chapter.—At the request of the Secretary of Transportation, the Attorney General may bring a civil action in an appropriate district court of the United States to enforce this chapter, including section 60112, or a regulation prescribed or order issued under this chapter. The court may award appropriate relief, including a temporary or permanent injunction, punitive damages, and assessment of civil penalties, considering the same factors as prescribed for the Secretary in an administrative case under section 60122. The maximum amount of civil penalties for administrative enforcement actions under section 60122 shall not apply to enforcement actions under this section.

(2) Civil actions to require compliance with subpoenas or allow for inspections.—At the request of the Secretary, the Attorney General may bring a civil action in a district court of the United States to require a person to comply immediately with a subpena or to allow an officer, employee, or agent authorized by the Secretary to enter the premises, and inspect the records and property, of the person to decide whether the person is complying with this chapter. The action may be brought in the judicial district in which the defendant resides, is found, or does business. The court may punish a failure to obey the order as a contempt of court.

(b) Jury Trial Demand.—In a trial for criminal contempt for violating an injunction issued under this section, the violation of which is also a violation of this chapter, the defendant may demand a jury trial. The defendant shall be tried as provided in rule 42(b) of the Federal Rules of Criminal Procedure (18 App. U.S.C.).

(c) Effect on Tort Liability.—This chapter does not affect the tort liability of any person.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1323; Pub. L. 107–355, §8(b)(3), Dec. 17, 2002, 116 Stat. 2993; Pub. L. 112–90, §2(c), Jan. 3, 2012, 125 Stat. 1905.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

60120(a)(1) 
49 App.:1677(b)(2). 
Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §10(b)(2); added Nov. 30, 1979, Pub. L. 96–129, §§104(a)(1), 152(a), 93 Stat. 992, 999.

  
49 App.:1679b(a)(1). 
Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §12(a); added Nov. 30, 1979, Pub. L. 96–129, §104(b), 93 Stat. 993.

  
49 App.:2006(b)(2). 
Nov. 30, 1979, Pub. L. 96–129, §§207(b)(2), (c), 209(a), 93 Stat. 1009, 1010.

  
49 App.:2008(a)(1).

60120(a)(2) 
49 App.:1681(f). 
Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §14(f); added Oct. 24, 1992, Pub. L. 102–508, §112(b), 106 Stat. 3295.

  
49 App.:2010(f). 
Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989, §211(f); added Oct. 24, 1992, Pub. L. 102–508, §211(b), 106 Stat. 3304.

60120(b) 
49 App.:1679b(a)(2).

  
49 App.:2008(a)(2).

60120(c) 
49 App.:1677(c). 
Aug. 12, 1968, Pub. L. 90–481, §10(c), 82 Stat. 725; Nov. 30, 1979, Pub. L. 96–129, §§104(a)(1), 152(a), 93 Stat. 992, 999.

  
49 App.:2006(c).

In subsection (a)(1), the text of 49 App.:1677(b)(2) and 2006(b)(2) and the words "shall have jurisdiction to determine such actions" in 49 App.:1679b(a)(1) and 2008(a)(1) are omitted as redundant and because of 28:1331 and 1345. The word "civil" is added for consistency in the revised title and with other titles of the United States Code and because of rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). The words "to enforce this chapter" are substituted for "for equitable relief to redress or restrain a violation by any person of a provision of this chapter" to eliminate unnecessary words. The word "prescribed" is substituted for "issued" for consistency in the revised title and with other titles of the Code. The words "necessary or . . . mandatory or prohibitive injunctive relief, interim equitable relief, and" are omitted as surplus.

In subsection (a)(2), the words "the Attorney General may bring a civil action in a district court of the United States" are substituted for "such district court shall, upon the request of the Attorney General . . . have jurisdiction to issue to such person an order" for clarity and consistency and because of 28:1331 and 1345. The words "contumacy or" are omitted as surplus. The word "premises" is added for clarity and consistency. The words "or examine" are omitted as being included in "inspect".

In subsection (b), the words "mandatory or prohibitive" are omitted as surplus. The words "the defendant may demand a jury trial" are substituted for "trial shall be by the court or, upon demand of the accused, by a jury" to eliminate unnecessary words and for consistency in the revised title and with other titles of the Code.

In subsection (c), the words "common law or statutory" are omitted as surplus.

Editorial Notes

Amendments

2012—Subsec. (a)(1). Pub. L. 112–90 added at end "The maximum amount of civil penalties for administrative enforcement actions under section 60122 shall not apply to enforcement actions under this section."

Subsec. (a). Pub. L. 107–355 reenacted subsec. heading without change, added par. (1) and struck out former par. (1), inserted par. (2) heading and realigned margins. Prior to amendment, par. (1) read as follows: "On the request of the Secretary of Transportation, the Attorney General may bring a civil action in an appropriate district court of the United States to enforce this chapter or a regulation prescribed or order issued under this chapter. The court may award appropriate relief, including punitive damages."
49 U.S.C. § 32511 (2024) — Title 49: TRANSPORTATION / Chapter 325 / Section 32511: Relationship to other motor vehicle standards
Relationship to other motor vehicle standards
Status: in_force

(a) Preemption.—Except as provided in this section, a State or a political subdivision of a State may prescribe or enforce a bumper standard for a passenger motor vehicle or passenger motor vehicle equipment only if the standard is identical to a standard prescribed under section 32502 of this title.

(b) Enforcement.—This chapter and chapter 301 of this title do not affect the authority of a State to enforce a bumper standard about an aspect of performance of a passenger motor vehicle or passenger motor vehicle equipment not covered by a standard prescribed under section 32502 of this title if the State bumper standard—

(1) does not conflict with a standard prescribed under chapter 301 of this title; and

(2) was in effect or prescribed by the State on October 20, 1972.

(c) Additional and Higher Standards of Performance.—The United States Government, a State, or a political subdivision of a State may prescribe a bumper standard for a passenger motor vehicle or passenger motor vehicle equipment obtained for its own use that imposes additional or higher standards of performance than a standard prescribed under section 32502 of this title.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1047.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

32511(a)
15:1920(a).
Oct. 20, 1972, Pub. L. 92–513, §110, 86 Stat. 955.

32511(b)
15:1920(b)(1).

32511(c)
15:1920(b)(2).

In subsection (a), the words "may prescribe or enforce . . . only if the standard is identical" are substituted for "no . . . shall have any authority to establish or enforce with respect to . . . which is not identical" to eliminate unnecessary words. The words "a standard prescribed under section 32502 of this title" are substituted for "Federal bumper standard" for clarity.

In subsection (b), before clause (1), the words "to continue" are omitted as surplus. The words "a bumper standard about an aspect of performance . . . not covered by a standard prescribed under section 32502 of this title" are substituted for "Until a Federal bumper standard takes effect with respect to an aspect of performance" and "any bumper standard which is applicable to the same aspect of performance of such vehicle or item of equipment" to eliminate unnecessary words. The words "if the State bumper standard" are added for clarity.

In subsection (c), the words "that imposes additional or higher standards of performance than" are substituted for "which is not identical to . . . if such requirement imposes an additional or higher standard of performance" for clarity and to eliminate unnecessary words.
49 U.S.C. § 40112 (2024) — Title 49: TRANSPORTATION / Chapter 401 / Section 40112: Multiyear procurement contracts for property
Multiyear procurement contracts for property
Status: in_force

(a) General Authority.—Notwithstanding section 1341(a)(1)(B) of title 31 and to the extent that amounts otherwise are available for obligation, the Administrator of the Federal Aviation Administration may make a contract of more than one but not more than 5 fiscal years to purchase property, except a contract to construct, alter, or make a major repair or improvement to real property.

(b) Required Findings.—The Administrator may make a contract under this section if the Administrator finds that—

(1) the contract will promote the safety or efficiency of the national airspace system and will result in reduced total contract costs;

(2) the minimum need for the property to be purchased is expected to remain substantially unchanged during the proposed contract period in terms of production rate, procurement rate, and total quantities;

(3) there is a reasonable expectation that throughout the proposed contract period the Administrator will request appropriations for the contract at the level required to avoid cancellation;

(4) there is a stable design for the property to be acquired and the technical risks associated with the property are not excessive; and

(5) the estimates of the contract costs and the anticipated savings from the contract are realistic.

(c) Regulations.—The Administrator shall prescribe regulations for acquiring property under this section to promote the use of contracts under this section in a way that will allow the most efficient use of those contracts. The regulations may provide for a cancellation provision in the contract to the extent the provision is necessary and in the best interest of the United States. The provision may include consideration of recurring and nonrecurring costs of the contractor associated with producing the item to be delivered under the contract. The regulations shall provide that, to the extent practicable—

(1) to broaden the aviation industrial base—

(A) a contract under this section shall be used to seek, retain, and promote the use under that contract of subcontractors, vendors, or suppliers; and

(B) on accrual of a payment or other benefit accruing on a contract under this section to a subcontractor, vendor, or supplier participating in the contract, the payment or benefit shall be delivered in the most expeditious way practicable; and

(2) this section and regulations prescribed under this section may not be carried out in a way that precludes or curtails the existing ability of the Administrator to provide for—

(A) competition in producing items to be delivered under a contract under this section; or

(B) ending a prime contract when performance is deficient with respect to cost, quality, or schedule.

(d) Contract Provisions.—(1) A contract under this section may—

(A) be used for the advance procurement of components, parts, and material necessary to manufacture equipment to be used in the national airspace system;

(B) provide that performance under the contract after the first year is subject to amounts being appropriated; and

(C) contain a negotiated priced option for varying the number of end items to be procured over the period of the contract.

(2) If feasible and practicable, an advance procurement contract may be made to achieve economic-lot purchases and more efficient production rates.

(e) Cancellation Payment and Notice of Cancellation Ceiling.—(1) If a contract under this section provides that performance is subject to an appropriation being made, it also may provide for a cancellation payment to be made to the contractor if the appropriation is not made.

(2) Before awarding a contract under this section containing a cancellation ceiling of more than $100,000,000, the Administrator shall give written notice of the proposed contract and cancellation ceiling to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. The contract may not be awarded until the end of the 30-day period beginning on the date of the notice.

(f) Ending Contracts.—A contract made under this section shall be ended if amounts are not made available to continue the contract into a subsequent fiscal year. The cost of ending the contract may be paid from—

(1) an appropriation originally available for carrying out the contract;

(2) an appropriation currently available for procuring the type of property concerned and not otherwise obligated; or

(3) amounts appropriated for payments to end the contract.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1108; Pub. L. 104–106, div. E, title LVI, §5606, Feb. 10, 1996, 110 Stat. 700; Pub. L. 104–287, §5(9), Oct. 11, 1996, 110 Stat. 3389.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

40112(a)
49 App.:1344(f)(1) (words before 4th comma), (6), (7) (1st sentence).
Aug. 23, 1958, Pub. L. 85–726, §303(f), 72 Stat. 747; May 21, 1970, Pub. L. 91–258, §51(a)(1), 84 Stat. 234; July 12, 1976, Pub. L. 94–353, §16, 90 Stat. 882; Oct. 19, 1980, Pub. L. 96–470, §112(e), 94 Stat. 2240; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444; restated Nov. 5, 1990, Pub. L. 101–508, §9118(a), 104 Stat. 1388–367.

40112(b)
49 App.:1344(f)(1) (words after 4th comma).

40112(c)
49 App.:1344(f)(2).

40112(d) (1)(A)
49 App.:1344(f)(4) (words before 3d comma).

40112(d) (1)(B)
49 App.:1344(f)(7) (last sentence words before "and (if").

40112(d) (1)(C)
49 App.:1344(f)(8).

40112(d)(2)
49 App.:1344(f)(4) (words after 3d comma).

40112(e)(1)
49 App.:1344(f)(7) (last sentence words after "of funds").

40112(e)(2)
49 App.:1344(f)(3).

40112(f)
49 App.:1344(f)(5).

In this section, the word "Administrator" in section 303(f) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 747) is retained on authority of 49:106(g).

In subsection (a), the reference in 49 App.:1344(f)(7) to a contract for the purchase of services is omitted as surplus because 49 App.:1344(f)(1) states that the subsection is concerned only with contracts for the purchase of property.

In subsection (b)(5), the word "savings" is substituted for "cost avoidance" for clarity.

In subsection (c), before clause (1), the word "both" is omitted as surplus. In clause (1)(A), the words "in such a manner as" and "companies that are" are omitted as surplus. In clause (1)(B), the words "accruing on" are substituted for "under" for clarity. The words "subcontractor" and "contract" are substituted for "subcontract" and "contractor", respectively, to correct errors in the source provisions being restated.

In subsection (d)(1)(B), the words "after the first year" are substituted for "during the second and subsequent years of the contract" to eliminate unnecessary words.

In subsection (e)(2), the words "a clause setting forth" are omitted as surplus.

In subsection (f), the words "canceled or" and "cancellation or" are omitted as being included in "ended" and "ending", respectively.

Editorial Notes

Amendments

1996—Subsec. (a). Pub. L. 104–106 struck out "or a contract to purchase property to which section 111 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 759) applies" after "improvement to real property".

Subsec. (e)(2). Pub. L. 104–287 substituted "Transportation and Infrastructure" for "Public Works and Transportation".

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Amendment by Pub. L. 104–106 effective 180 days after Feb. 10, 1996, see section 5701 of Pub. L. 104–106, Feb. 10, 1996, 110 Stat. 702.
49 U.S.C. § 13706 (2024) — Title 49: TRANSPORTATION / Chapter 137 / Section 13706: Liability for payment of rates
Liability for payment of rates
Status: in_force

(a) Liability of Consignee.—Liability for payment of rates for transportation for a shipment of property by a shipper or consignor to a consignee other than the shipper or consignor, is determined under this section when the transportation is provided by motor carrier under this part. When the shipper or consignor instructs the carrier transporting the property to deliver it to a consignee that is an agent only, not having beneficial title to the property, the consignee is liable for rates billed at the time of delivery for which the consignee is otherwise liable, but not for additional rates that may be found to be due after delivery if the consignee gives written notice to the delivering carrier before delivery of the property—

(1) of the agency and absence of beneficial title; and

(2) of the name and address of the beneficial owner of the property if it is reconsigned or diverted to a place other than the place specified in the original bill of lading.

(b) Liability of Beneficial Owner.—When the consignee is liable only for rates billed at the time of delivery under subsection (a), the shipper or consignor, or, if the property is reconsigned or diverted, the beneficial owner is liable for those additional rates regardless of the bill of the lading or contract under which the property was transported. The beneficial owner is liable for all rates when the property is reconsigned or diverted by an agent but is refused or abandoned at its ultimate destination if the agent gave the carrier in the reconsignment or diversion order a notice of agency and the name and address of the beneficial owner. A consignee giving the carrier erroneous information about the identity of the beneficial owner of the property is liable for the additional rates.

(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 872.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 10744 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title.
49 U.S.C. § 44512 (2024) — Title 49: TRANSPORTATION / Chapter 445 / Section 44512: Catastrophic failure prevention research grants
Catastrophic failure prevention research grants
Status: in_force

(a) General Authority.—The Administrator of the Federal Aviation Administration may make grants to institutions of higher education and nonprofit research organizations—

(1) to conduct aviation research related to the development of technologies and methods to assess the risk of, and prevent, defects, failures, and malfunctions of products, parts, processes, and articles manufactured for use in aircraft, aircraft engines, propellers, and appliances that could result in a catastrophic failure of an aircraft; and

(2) to establish centers of excellence for continuing the research.

(b) Solicitation, Application, Review, and Evaluation Process.—The Administrator shall establish a solicitation, application, review, and evaluation process that ensures providing grants under this section for proposals having adequate merit and relevancy to the research described in subsection (a) of this section.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1182.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

44512
49 App.:1353(h).
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §312(h); added Nov. 5, 1990, Pub. L. 101–508, §9208(b), 104 Stat. 1388–376.

In this section, the words "institutions of higher education" are substituted for "colleges, universities" for consistency in the revised title.

In subsection (b), the words "providing grants" are substituted for "the funding" for consistency in the revised title.
49 U.S.C. § 41713 (2024) — Title 49: TRANSPORTATION / Chapter 417 / Subchapter I / Section 41713: Preemption of authority over prices, routes, and service
Preemption of authority over prices, routes, and service
Status: in_force

(a) Definition.—In this section, "State" means a State, the District of Columbia, and a territory or possession of the United States.

(b) Preemption.—(1) Except as provided in this subsection, a State, political subdivision of a State, or political authority of at least 2 States may not enact or enforce a law, regulation, or other provision having the force and effect of law related to a price, route, or service of an air carrier that may provide air transportation under this subpart.

(2) Paragraphs (1) and (4) of this subsection do not apply to air transportation provided entirely in Alaska unless the transportation is air transportation (except charter air transportation) provided under a certificate issued under section 41102 of this title.

(3) This subsection does not limit a State, political subdivision of a State, or political authority of at least 2 States that owns or operates an airport served by an air carrier holding a certificate issued by the Secretary of Transportation from carrying out its proprietary powers and rights.

(4) Transportation by air carrier or carrier affiliated with a direct air carrier.—

(A) General rule.—Except as provided in subparagraph (B), a State, political subdivision of a State, or political authority of 2 or more States may not enact or enforce a law, regulation, or other provision having the force and effect of law related to a price, route, or service of an air carrier or carrier affiliated with a direct air carrier through common controlling ownership when such carrier is transporting property by aircraft or by motor vehicle (whether or not such property has had or will have a prior or subsequent air movement).

(B) Matters not covered.—Subparagraph (A)—

(i) shall not restrict the safety regulatory authority of a State with respect to motor vehicles, the authority of a State to impose highway route controls or limitations based on the size or weight of the motor vehicle or the hazardous nature of the cargo, or the authority of a State to regulate motor carriers with regard to minimum amounts of financial responsibility relating to insurance requirements and self-insurance authorization; and

(ii) does not apply to the transportation of household goods, as defined in section 13102 of this title.

(C) Applicability of paragraph (1).—This paragraph shall not limit the applicability of paragraph (1).

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1143; Pub. L. 103–305, title VI, §601(b)(1), (2)(A), Aug. 23, 1994, 108 Stat. 1605, 1606; Pub. L. 105–102, §2(23), Nov. 20, 1997, 111 Stat. 2205.)

Historical and Revision Notes
Pub. L. 103–272

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

41713(a)
49 App.:1305(c), (d) (related to (a), (b)(1), (c)).
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §105(a)(2), (b)(1), (c), (d) (related to (a), (b)(1), (c)); added Oct. 24, 1978, Pub. L. 95–504, §4(a), 92 Stat. 1708.

41713(b)(1)
49 App.:1305(a)(1).
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §105(a)(1); added Oct. 24, 1978, Pub. L. 95–504, §4(a), 92 Stat. 1707; Oct. 4, 1984, Pub. L. 98–443, §9(u), 98 Stat. 1709.

41713(b)(2)
49 App.:1305(a)(2).

  
49 App.:1551(b)(1)(E).
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704.

41713(b)(3)
49 App.:1305(b)(1).

  
49 App.:1551(b)(1)(E).

In subsection (a), the words "the term" are omitted as surplus. The words "the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, and" are omitted as surplus because of the definition of "territory or possession of the United States" in section 40102(a) of the revised title, 48:734, and section 502 of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America. The text of 49 App.:1305(c) is omitted as obsolete.

In subsection (b)(1) and (3), the words "interstate agency or other" are omitted as surplus. The word "authority" is substituted for "agency" for consistency in the revised title and with other titles of the United States Code.

In subsection (b)(1), the word "rule" is omitted as being synonymous with "regulation". The words "standard" and "having authority" are omitted as surplus.

In subsection (b)(2), the words "pursuant to a certificate issued by the Board", "by air of persons, property, or mail", and "the State of" are omitted as surplus.

Pub. L. 105–102

This amends 49:41713(b)(4)(B)(ii) to correct a cross-reference necessary because of the restatement of subtitle IV of title 49 by the ICC Termination Act (Public Law 104–88, 109 Stat. 803).

Editorial Notes

Amendments

1997—Subsec. (b)(4)(B)(ii). Pub. L. 105–102 substituted "13102" for "10102".

1994—Subsec. (b)(2). Pub. L. 103–305, §601(b)(2)(A), substituted "Paragraphs (1) and (4) of this subsection do" for "Paragraph (1) of this subsection does".

Subsec. (b)(4). Pub. L. 103–305, §601(b)(1), added par. (4).

Statutory Notes and Related Subsidiaries

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–305 effective Jan. 1, 1995, see section 601(d) of Pub. L. 103–305, set out as a note under section 10521 of this title.
49 U.S.C. § 5330 (2024) — Title 49: TRANSPORTATION / Chapter 53 / Section 5330: Repealed. Pub. L. 112-141, div. B, §20030(e), July 6, 2012, 126 Stat. 731
Repealed. Pub. L. 112-141, div. B, §20030(e), July 6, 2012, 126 Stat. 731
Status: repealed

[§5330. Repealed. Pub. L. 112–141, div. B, §20030(e), July 6, 2012, 126 Stat. 731]

Section, Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 831; Pub. L. 109–59, title III, §§3002(b)(4), 3029(a), Aug. 10, 2005, 119 Stat. 1545, 1625, related to State safety oversight of certain rail fixed guideway public transportation systems.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Pub. L. 112–141, div. B, §20030(e), July 6, 2012, 126 Stat. 731, provided that the repeal of this section is effective 3 years after the effective date of the final rules issued by the Secretary of Transportation under section 5329(e) of this title. Such effective date is Apr. 15, 2016, see 81 F.R. 14230.
49 U.S.C. § 31107 (2024) — Title 49: TRANSPORTATION / Chapter 311 / Subchapter I / Section 31107: Repealed. Pub. L. 114-94, div. A, title V, §5101(e)(3), Dec. 4, 2015, 129 Stat. 1525
Repealed. Pub. L. 114-94, div. A, title V, §5101(e)(3), Dec. 4, 2015, 129 Stat. 1525
Status: repealed

[§31107. Repealed. Pub. L. 114–94, div. A, title V, §5101(e)(3), Dec. 4, 2015, 129 Stat. 1525]

Section, added Pub. L. 109–59, title IV, §4110(a)(2), Aug. 10, 2005, 119 Stat. 1721; amended Pub. L. 112–141, div. C, title II, §32603(h), July 6, 2012, 126 Stat. 808, related to border enforcement grants.

A prior section 31107, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 992; Pub. L. 105–178, title IV, §4004(b), June 9, 1998, 112 Stat. 400; Pub. L. 106–159, title I, §103(d), Dec. 9, 1999, 113 Stat. 1754; Pub. L. 108–88, §7(c)(1), Sept. 30, 2003, 117 Stat. 1120; Pub. L. 108–202, §11(c)(1), Feb. 29, 2004, 118 Stat. 490; Pub. L. 108–224, §9(c)(1), Apr. 30, 2004, 118 Stat. 638; Pub. L. 108–263, §9(c)(1), June 30, 2004, 118 Stat. 709; Pub. L. 108–280, §9(c)(1), July 30, 2004, 118 Stat. 886; Pub. L. 108–310, §7(c)(1), Sept. 30, 2004, 118 Stat. 1153; Pub. L. 109–14, §6(c)(1), May 31, 2005, 119 Stat. 330; Pub. L. 109–20, §6(c)(1), July 1, 2005, 119 Stat. 352; Pub. L. 109–35, §6(c)(1), July 20, 2005, 119 Stat. 385; Pub. L. 109–37, §6(c)(1), July 22, 2005, 119 Stat. 400; Pub. L. 109–40, §6(c)(1), July 28, 2005, 119 Stat. 417, related to contract authority funding for information systems, prior to repeal by Pub. L. 109–59, title IV, §4110(a)(2), Aug. 10, 2005, 119 Stat. 1721.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal effective Oct. 1, 2016, subject to a transition provision, see section 5101(f), (g) of Pub. L. 114–94, set out as Effective Date of 2015 Amendment and Transition notes under section 31102 of this title.
49 U.S.C. § 44811 (2024) — Title 49: TRANSPORTATION / Chapter 448 / Section 44811: Beyond visual line of sight operations for unmanned aircraft systems
Beyond visual line of sight operations for unmanned aircraft systems
Status: in_force

(a) Proposed Rule.—Not later than 4 months after the date of enactment of the FAA Reauthorization Act of 2024, the Administrator shall issue a notice of proposed rulemaking establishing a performance-based regulatory pathway for unmanned aircraft systems (in this section referred to as "UAS") to operate beyond visual line of sight (in this section referred to as "BVLOS").

(b) Requirements.—The proposed rule required under subsection (a) shall, at a minimum, establish the following:

(1) Acceptable levels of risk for BVLOS UAS operations, including the levels developed pursuant to section 931 of the FAA Reauthorization Act of 2024.

(2) Standards for remote pilots or UAS operators for BVLOS operations, taking into account varying levels of automated control and management of UAS flights.

(3) An approval or acceptance process for UAS and associated elements (as defined by the Administrator), which may leverage the creation of a special airworthiness certificate or a manufacturer's declaration of compliance to a Federal Aviation Administration accepted means of compliance. Such process—

(A) shall not require, but may allow for, the use of type or production certification;

(B) shall consider the airworthiness of any UAS that—

(i) is within a maximum gross weight or kinetic energy, as determined by the Administrator; and

(ii) operates within a maximum speed limit as determined by the Administrator;

(C) may require such systems to operate in the national airspace system at altitude limits determined by the Administrator; and

(D) may require such systems to operate at standoff distances from the radius of a structure or the structure's immediate uppermost limit, as determined by the Administrator.

(4) Operating rules for UAS that have been approved or accepted as described in paragraph (3).

(5) Protocols, if appropriate, for networked information exchange, such as network-based remote identification, in support of BVLOS operations.

(6) The safety of manned aircraft operating in the national airspace system and consider the maneuverability and technology limitations of certain aircraft, including hot air balloons.

(c) Final Rule.—Not later than 16 months after publishing the proposed rule under subsection (a), the Administrator shall issue a final rule based on such proposed rule.

(d) Savings Clause.—Nothing in this section shall be construed to require the agency to rescope any rulemaking efforts related to UAS BVLOS operations that are ongoing as of the date of enactment of the FAA Reauthorization Act of 2024.

(Added Pub. L. 118–63, title IX, §930(a), May 16, 2024, 138 Stat. 1366.)

Editorial Notes

References in Text

The date of enactment of the FAA Reauthorization Act of 2024, referred to in subsecs. (a) and (d), is the date of enactment of Pub. L. 118–63, which was approved May 16, 2024.

Section 931 of the FAA Reauthorization Act of 2024, referred to in subsec. (b)(1), is section 931 of Pub. L. 118–63, which is set out as a note under section 44801 of this title.
49 U.S.C. § 10721 (2024) — Title 49: TRANSPORTATION / Chapter 107 / Subchapter II / Section 10721: Government traffic
Government traffic
Status: in_force

A rail carrier providing transportation or service for the United States Government may transport property or individuals for the United States Government without charge or at a rate reduced from the applicable commercial rate. Section 6101(b) to (d) of title 41 does not apply when transportation for the United States Government can be obtained from a rail carrier lawfully operating in the area where the transportation would be provided.

(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 819; amended Pub. L. 111–350, §5(o)(4), Jan. 4, 2011, 124 Stat. 3853.)

Editorial Notes

Prior Provisions

A prior section 10721, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1383; Pub. L. 96–454, §10(b), Oct. 15, 1980, 94 Stat. 2022; Pub. L. 103–272, §5(m)(22), July 5, 1994, 108 Stat. 1378, related to Government traffic, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a). See sections 10721, 13712, and 15504 of this title.

Amendments

2011—Pub. L. 111–350 substituted "Section 6101(b) to (d) of title 41" for "Section 3709 of the Revised Statutes (41 U.S.C. 5)".

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title.
49 U.S.C. § 1151 (2024) — Title 49: TRANSPORTATION / Chapter 11 / Subchapter IV / Section 1151: Aviation enforcement
Aviation enforcement
Status: in_force

(a) Civil Actions by Board.—The National Transportation Safety Board may bring a civil action in a district court of the United States against a person to enforce section 1132, 1134(b) or (f)(1) (related to an aircraft accident), 1136(g)(2), or 1155(a) of this title or a regulation prescribed or order issued under any of those sections. An action under this subsection may be brought in the judicial district in which the person does business or the violation occurred.

(b) Civil Actions by Attorney General.—On request of the Board, the Attorney General may bring a civil action in an appropriate court—

(1) to enforce section 1132, 1134(b) or (f)(1) (related to an aircraft accident), 1136(g)(2), or 1155(a) of this title or a regulation prescribed or order issued under any of those sections; and

(2) to prosecute a person violating those sections or a regulation prescribed or order issued under any of those sections.

(c) Participation of Board.—On request of the Attorney General, the Board may participate in a civil action to enforce section 1132, 1134(b) or (f)(1) (related to an aircraft accident), 1136(g)(2), or 1155(a) of this title.

(d) Notification to Congress.—If the Board or Attorney General carry out such civil actions described in subsection (a) or (b) of this section against an airman employed at the time of the accident or incident by an air carrier operating under part 121 of title 14, Code of Federal Regulations, the Board shall immediately notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate of such civil actions, including—

(1) the labor union representing the airman involved, if applicable;

(2) the air carrier at which the airman is employed;

(3) the docket information of the incident or accident in which the airman was involved;

(4) the date of such civil actions taken by the Board or Attorney General; and

(5) a description of why such civil actions were taken by the Board or Attorney General.

(e) Subsequent Notification to Congress.—Not later than 15 days after the notification described in subsection (d), the Board shall submit a report to or brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate describing the status of compliance with the civil actions taken.

(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 756; Pub. L. 106–181, title IV, §401(a)(2), Apr. 5, 2000, 114 Stat. 129; Pub. L. 118–63, title XII, §1208(b), May 16, 2024, 138 Stat. 1424.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

1151(a) 
49 App.:1487(a) (related to CAB). 
Aug. 23, 1958, Pub. L. 85–726, §§1007 (related to CAB), 1008 (related to CAB), 72 Stat. 796.

  
49 App.:1655(d) (1st sentence). 
Oct. 15, 1966, Pub. L. 89–670, §6(d) (1st sentence), 80 Stat. 938.

  
49 App.:1903(a)(1)(A). 
Jan. 3, 1975, Pub. L. 93–633, §304(a)(1)(A), 88 Stat. 2168.

1151(b) 
49 App.:1487(b) (related to CAB).

  
49 App.:1655(d) (1st sentence).

  
49 App.:1903(a)(1)(A).

1151(c) 
49 App.:1488 (related to CAB).

  
49 App.:1655(d) (1st sentence).

  
49 App.:1903(a)(1)(A).

In this section, the words "section 1132, 1134(b) or (f)(1) (related to an aircraft accident), or 1155(a) of this title" are substituted for "issued under this chapter" and "provisions of this chapter" because those sections restate the relevant provisions of 49 App.:ch. 20 carried out by the National Transportation Safety Board.

In subsections (a) and (b), the word "rule" is omitted as being synonymous with "regulation". The word "requirement" is omitted as being included in "order". The words "or any term, condition, or limitation of any certificate or permit" are omitted because the National Transportation Safety Board does not have authority to issue certificates or permits.

In subsection (a), the words "their duly authorized agents" are omitted as surplus. The words "may bring a civil action" are substituted for "may apply" in 49 App.:1487(a) for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). The words "An action under this subsection may be brought in the judicial district in which" are substituted for "for any district wherein" for clarity. The text of 49 App.:1487(a) (words after semicolon) is omitted as unnecessary because of rule 81(b) of the Federal Rules of Civil Procedure (28 App. U.S.C.).

In subsection (b), before clause (1), the words "Attorney General" are substituted for "any district attorney of the United States" in 49 App.:1487(b) because of 28:509. The words "to whom the Board or Secretary of Transportation may apply" are omitted as surplus. The words "may bring a civil action" are substituted for "is authorized to institute . . . all necessary proceedings" for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). The words "under the direction of the Attorney General" are omitted as unnecessary because of 28:516. The text of 49 App.:1487(b) (words after last comma) is omitted as obsolete.

In subsection (c), the words "civil action" are substituted for "proceeding in court" for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.).

Editorial Notes

Amendments

2024—Subsecs. (d), (e). Pub. L. 118–63 added subsecs. (d) and (e).

2000—Pub. L. 106–181 inserted "1136(g)(2)," before "or 1155(a)" in subsecs. (a), (b)(1), and (c).

Statutory Notes and Related Subsidiaries

Effective Date of 2000 Amendment

Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
49 U.S.C. § 41907 (2024) — Title 49: TRANSPORTATION / Chapter 419 / Section 41907: Weighing mail
Weighing mail
Status: in_force

The United States Postal Service may weigh mail transported by aircraft between places in Alaska and make statistical and administrative computations necessary in the interest of mail service. When the Secretary of Transportation decides that additional or more frequent weighings of mail are advisable or necessary to carry out this part, the Postal Service shall provide the weighings, but it is not required to provide them for continuous periods of more than 30 days.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1157, §41910; renumbered §41907 and amended Pub. L. 110–405, §2(b)(6), (7)(B), Oct. 13, 2008, 122 Stat. 4289; Pub. L. 115–254, div. B, title V, §539(g), Oct. 5, 2018, 132 Stat. 3370.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

41910
49 App.:1376(f).
Aug. 23, 1958, Pub. L. 85–726, §406(f), 72 Stat. 764.

  
49 App.:1551(b)(1)(E).
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704.

The text of 49 App.:1376(f) (2d sentence) is omitted as surplus because of 39:chs. 4 and 10. The words "upon request of the Board" are omitted as surplus because the Secretary of Transportation makes the determination. The words "therefor in like manner" are omitted as surplus.

Editorial Notes

Prior Provisions

A prior section 41907, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1155, related to prices for foreign transportation of mail, prior to repeal by Pub. L. 110–405, §2(b)(7)(A), (c), Oct. 13, 2008, 122 Stat. 4289, 4290, effective Oct. 1, 2008.

Amendments

2018—Pub. L. 115–254 substituted "and administrative" for "and –administrative".

2008—Pub. L. 110–405, §2(b)(7)(B), renumbered section 41910 of this title as this section.

Pub. L. 110–405, §2(b)(6), substituted "The United States Postal Service may weigh mail transported by aircraft between places in Alaska and make statistical and –administrative computations necessary in the interest of mail service." for "The United States Postal Service may weigh mail transported by aircraft and make statistical and administrative computations necessary in the interest of mail service."

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Amendment by Pub. L. 110–405 effective Oct. 1, 2008, see section 2(c) of Pub. L. 110–405, set out as a note under section 101 of Title 39, Postal Service.
49 U.S.C. § 14906 (2024) — Title 49: TRANSPORTATION / Chapter 149 / Section 14906: Evasion of regulation of carriers and brokers
Evasion of regulation of carriers and brokers
Status: in_force

A person, or an officer, employee, or agent of that person, that by any means tries to evade regulation provided under this part for carriers or brokers is liable to the United States for a civil penalty of at least $2,000 for the first violation and at least $5,000 for a subsequent violation, and may be subject to criminal penalties.

(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 916; amended Pub. L. 112–141, div. C, title II, §32505(b), July 6, 2012, 126 Stat. 804.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 11906 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).

Amendments

2012—Pub. L. 112–141 substituted "at least $2,000" for "$200" and "$5,000" for "$250" and inserted ", and may be subject to criminal penalties" after "a subsequent violation".

Statutory Notes and Related Subsidiaries

Effective Date of 2012 Amendment

Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

Effective Date

Section effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title.
49 U.S.C. § 13712 (2024) — Title 49: TRANSPORTATION / Chapter 137 / Section 13712: Government traffic
Government traffic
Status: in_force

A carrier providing transportation or service for the United States Government may transport property or individuals for the United States Government without charge or at a rate reduced from the applicable commercial rate. Section 6101(b) to (d) of title 41 does not apply when transportation for the United States Government can be obtained from a carrier lawfully operating in the area where the transportation would be provided.

(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 879; amended Pub. L. 111–350, §5(o)(5), Jan. 4, 2011, 124 Stat. 3853.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 10721 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).

Amendments

2011—Pub. L. 111–350 substituted "Section 6101(b) to (d) of title 41" for "Section 3709 of the Revised Statutes (41 U.S.C. 5)".

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title.
49 U.S.C. § 33105 (2024) — Title 49: TRANSPORTATION / Chapter 331 / Section 33105: Cost limitations
Cost limitations
Status: in_force

(a) Maximum Manufacturer Costs.—A standard under section 33102 or 33103 of this title may not impose—

(1) on a manufacturer of motor vehicles, compliance costs of more than $15 a motor vehicle; or

(2) on a manufacturer of major replacement parts, compliance costs for each part of more than the reasonable amount (but less than $15) that the Secretary of Transportation specifies in the standard.

(b) Costs Involved in Engines and Transmissions.—For a manufacturer engaged in identifying engines or transmissions on October 25, 1984, in a way that substantially complies with the standard—

(1) the costs of identifying engines and transmissions may not be considered in calculating the manufacturer's costs under subsection (a) of this section; and

(2) the manufacturer may not be required under the standard to conform to any identification system for engines and transmissions that imposes greater costs on the manufacturer than are incurred under the identification system used by the manufacturer on October 25, 1984.

(c) Cost Adjustments.—(1) In this subsection—

(A) "base period" means calendar year 1984.

(B) "price index" means the average over a calendar year of the Consumer Price Index (all items—United States city average) published monthly by the Secretary of Labor.

(2) At the beginning of each calendar year, as necessary data become available from the Bureau of Labor Statistics, the Secretary of Labor shall certify to the Secretary of Transportation and publish in the Federal Register the percentage difference between the price index for the 12 months before the beginning of the calendar year and the price index for the base period. For model years beginning in that calendar year, the amounts specified in subsection (a) of this section shall be adjusted by the percentage difference.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1081.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

33105
15:2024.
Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §604; added Oct. 25, 1984, Pub. L. 98–547, §101(a), 98 Stat. 2758.

In subsection (a)(1) and (2), the words "compliance costs" are substituted for "costs . . . to comply with such standard" to eliminate unnecessary words. In clause (2), the words "reasonable amount (but less than $15)" are substituted for "reasonable lesser amount" for clarity.

In subsection (c)(2), the words "commencing on or after January 1, 1985" are omitted as obsolete.
49 U.S.C. § 20151 (2024) — Title 49: TRANSPORTATION / Chapter 201 / Subchapter II / Section 20151: Railroad trespassing, vandalism, and highway-rail grade crossing warning sign violation prevention strategy
Railroad trespassing, vandalism, and highway-rail grade crossing warning sign violation prevention strategy
Status: in_force

(a) Evaluation of Existing Laws.—In consultation with affected parties, the Secretary of Transportation shall evaluate and review current local, State, and Federal laws regarding trespassing on railroad property, vandalism affecting railroad safety, and violations of highway-rail grade crossing signs, signals, markings, or other warning devices and develop model prevention strategies and enforcement laws to be used for the consideration of State and local legislatures and governmental entities. The first such evaluation and review shall be completed within 1 year after the date of enactment of the Rail Safety Improvement Act of 2008. The Secretary shall revise the model prevention strategies and enforcement codes periodically.

(b) Outreach Program for Trespassing and Vandalism Prevention.—The Secretary shall develop and maintain a comprehensive outreach program to improve communications among Federal railroad safety inspectors, State inspectors certified by the Federal Railroad Administration, railroad police, and State and local law enforcement officers, for the purpose of addressing trespassing and vandalism problems on railroad property, and strengthening relevant enforcement strategies. This program shall be designed to increase public and police awareness of the illegality of, dangers inherent in, and the extent of, trespassing on railroad rights-of-way, to develop strategies to improve the prevention of trespassing and vandalism, and to improve the enforcement of laws relating to railroad trespass, vandalism, and safety.

(c) Model Legislation.—(1) Within 18 months after November 2, 1994, the Secretary, after consultation with State and local governments and railroad carriers, shall develop and make available to State and local governments model State legislation providing for—

(A) civil or criminal penalties, or both, for vandalism of railroad equipment or property which could affect the safety of the public or of railroad employees; and

(B) civil or criminal penalties, or both, for trespassing on a railroad owned or leased right-of-way.

(2) Not later than 18 months after the date of enactment of the Rail Safety Improvement Act of 2008, the Secretary, after consultation with State and local governments and railroad carriers, shall develop and make available to State and local governments model State legislation providing for civil or criminal penalties, or both, for violations of highway-rail grade crossing signs, signals, markings, or other warning devices.

(d) Definition.—In this section, the term "violation of highway-rail grade crossing signs, signals, markings, or other warning devices" includes any action by a motorist, unless directed by an authorized safety officer—

(1) to drive around a grade crossing gate in a position intended to block passage over railroad tracks;

(2) to drive through a flashing grade crossing signal;

(3) to drive through a grade crossing with passive warning signs without ensuring that the grade crossing could be safely crossed before any train arrived; and

(4) in the vicinity of a grade crossing, who creates a hazard of an accident involving injury or property damage at the grade crossing.

(Added Pub. L. 103–440, title II, §219(a), Nov. 2, 1994, 108 Stat. 4625; amended Pub. L. 104–287, §5(49), Oct. 11, 1996, 110 Stat. 3393; Pub. L. 110–432, div. A, title II, §208(a), Oct. 16, 2008, 122 Stat. 4875.)

Editorial Notes

References in Text

The date of enactment of the Rail Safety Improvement Act of 2008, referred to in subsecs. (a) and (c)(2), is the date of enactment of div. A of Pub. L. 110–432, which was approved Oct. 16, 2008.

Amendments

2008—Pub. L. 110–432, §208(a)(1), substituted "Railroad trespassing, vandalism, and highway-rail grade crossing warning sign violation prevention strategy" for "Railroad trespassing and vandalism prevention strategy" in section catchline.

Subsec. (a). Pub. L. 110–432, §208(a)(2), added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: "In consultation with affected parties, the Secretary of Transportation shall evaluate and review current local, State, and Federal laws regarding trespassing on railroad property and vandalism affecting railroad safety, and develop model prevention strategies and enforcement laws to be used for the consideration of State and local legislatures and governmental entities. The first such evaluation and review shall be completed within 1 year after November 2, 1994. The Secretary shall revise such model prevention strategies and enforcement codes periodically."

Subsec. (b). Pub. L. 110–432, §208(a)(3), inserted "for Trespassing and Vandalism Prevention" after "Outreach Program" in heading.

Subsec. (c). Pub. L. 110–432, §208(a)(4), designated existing provisions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), and added par. (2).

Subsec. (d). Pub. L. 110–432, §208(a)(5), added subsec. (d).

1996—Subsecs. (a), (c). Pub. L. 104–287 substituted "November 2, 1994" for "the date of enactment of the Federal Railroad Safety Authorization Act of 1994".
49 U.S.C. § 30161 (2024) — Title 49: TRANSPORTATION / Chapter 301 / Subchapter IV / Section 30161: Judicial review of standards
Judicial review of standards
Status: in_force

(a) Filing and Venue.—A person adversely affected by an order prescribing a motor vehicle safety standard under this chapter may apply for review of the order by filing a petition for review in the court of appeals of the United States for the circuit in which the person resides or has its principal place of business. The petition must be filed not later than 59 days after the order is issued.

(b) Notifying Secretary.—The clerk of the court shall send immediately a copy of the petition to the Secretary of Transportation. The Secretary shall file with the court a record of the proceeding in which the order was prescribed.

(c) Additional Proceedings.—(1) On request of the petitioner, the court may order the Secretary to receive additional evidence and evidence in rebuttal if the court is satisfied that the additional evidence is material and there were reasonable grounds for not presenting the evidence in the proceeding before the Secretary.

(2) The Secretary may modify findings of fact or make new findings because of the additional evidence presented. The Secretary shall file a modified or new finding, a recommendation to modify or set aside the order, and the additional evidence with the court.

(d) Certified Copies of Records of Proceedings.—The Secretary shall give any interested person a certified copy of the transcript of the record in a proceeding under this section on request and payment of costs. A certified copy of the record of the proceeding is admissible in a proceeding arising out of a matter under this chapter, regardless of whether the proceeding under this section has begun or becomes final.

(e) Finality of Judgment and Supreme Court Review.—A judgment of a court under this section is final and may be reviewed only by the Supreme Court under section 1254 of title 28.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 966.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

30161(a)
15:1394(a)(1) (1st sentence), (3).
Sept. 9, 1966, Pub. L. 89–563, §105(a)(1)–(5), (b), 80 Stat. 720, 721.

30161(b)
15:1394(a)(1) (2d, last sentences).

30161(c)
15:1394(a)(2).

30161(d)
15:1394(b).

30161(e)
15:1394(a)(4), (5).

In subsection (a), the words "In a case of actual controversy as to the validity of" and "who will be . . . when it is effective" are omitted as surplus. The words "an order prescribing a motor vehicle safety standard under this chapter" are substituted for "any order under section 1392 of this title" for consistency. The words "apply for review" are added for clarity. The words "The petition must be filed" are substituted for "at any time" for clarity. The text of 15:1394(a)(3) is omitted as surplus because 5:ch. 7 applies unless otherwise stated.

In subsection (b), the words "or other officer designated by him for that purpose" are omitted as surplus because of 49:322(b). The words "in which the order was prescribed" are substituted for "on which the Secretary based his order" for consistency. The words "as provided in section 2112 of title 28" are omitted as surplus.

In subsection (c)(1), the words "in such manner and upon such terms and conditions as to the court may seem proper" are omitted as surplus. The words "is satisfied" are substituted for "shows to the satisfaction of" to eliminate unnecessary words. The words "and to be adduced upon the hearing" are omitted as unnecessary.

In subsection (c)(2), the words "with the court" are substituted for "the return of" for clarity.

In subsection (d), the words "thereof" and "criminal, exclusion of imports, or other" are omitted as surplus. The words "under this section" are substituted for "with respect to the order" for clarity. The word "previously" is omitted as surplus.

In subsection (e), the words "under this section is final and may be reviewed only" are substituted for "affirming or setting aside, in whole or in part, any such order of the Secretary shall be final, subject to review" to eliminate unnecessary words. The text of 15:1394(a)(5) is omitted because of rule 43 of the Federal Rules of Appellate Procedure (28 App. U.S.C.).
49 U.S.C. § 44515 (2024) — Title 49: TRANSPORTATION / Chapter 445 / Section 44515: Repealed. Pub. L. 118-63, title IV, §401(a), May 16, 2024, 138 Stat. 1148
Repealed. Pub. L. 118-63, title IV, §401(a), May 16, 2024, 138 Stat. 1148
Status: repealed

[§44515. Repealed. Pub. L. 118–63, title IV, §401(a), May 16, 2024, 138 Stat. 1148]

Section, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1184, related to grants for advanced training facilities for maintenance technicians for air carrier aircraft.
49 U.S.C. § 49112 (2024) — Title 49: TRANSPORTATION / Chapter 491 / Section 49112: Separability and effect of judicial order
Separability and effect of judicial order
Status: in_force

(a) Separability.—If any provision of this chapter, or the application of a provision of this chapter to a person or circumstance, is held invalid, the remainder of this chapter and the application of the provision to other persons or circumstances is not affected.

(b) Effect of Judicial Order.—Any action of the Airports Authority that was required to be submitted to the Board of Review under section 6007(f)(4) of the Metropolitan Washington Airports Act of 1986 (Public Law 99–500; 100 Stat. 1783–380; Public Law 99–599; 100 Stat. 3341–383) before October 9, 1996, remains in effect and may not be set aside only because of a judicial order invalidating certain functions of the Board.

(Added Pub. L. 105–102, §2(26), Nov. 20, 1997, 111 Stat. 2214; amended Pub. L. 118–63, title XI, §1101(y), May 16, 2024, 138 Stat. 1415.)

Historical and Revision Notes

Revised
Section
Source (U.S. Code)Source (Statutes at Large)

49112(a) 
(uncodified). 
Oct. 18, 1986, Pub. L. 99–500, title VI, §6011, 100 Stat. 1783–385; Oct. 9, 1996, Pub. L. 104–264, title IX, §904(c)(2), 110 Stat. 3276.

  
  
Oct. 30, 1986, Pub. L. 99–591, title VI, §6011, 100 Stat. 3341–388; Oct. 9, 1996, Pub. L. 104–264, title IX, §904(c)(2), 110 Stat. 3276.

49112(b)(1) 
(uncodified). 
Oct. 18, 1986, Pub. L. 99–500, title VI, §6014, as added Oct. 9, 1996, Pub. L. 104–264, title IX, §907, 110 Stat. 3277.

  
  
Oct. 30, 1986, Pub. L. 99–591, title VI, §6014, as added Oct. 9, 1996, Pub. L. 104–264, title IX, §907, 110 Stat. 3277.

49112(b)(2) 
(uncodified). 
Oct. 9, 1996, Pub. L. 104–264, title IX, §904(d), 110 Stat. 3276.

In subsection (a), the word "thereby" is omitted as surplus.

In subsection (b)(1), the words "the limitations described in" are omitted as unnecessary.

Editorial Notes

References in Text

Section 6007(f)(4) of the Metropolitan Washington Airports Act of 1986, referred to in subsec. (b), is section 6007(f)(4) of Pub. L. 99–500, title VI, Oct. 18, 1986, 100 Stat. 1783–379, and Pub. L. 99–591, title VI, Oct. 30, 1986, 100 Stat. 3341–382, which related to a Board of Review and was classified to section 2456(f)(4) of former Title 49, Transportation. Subsec. (f) of section 6007 was repealed and subsec. (g) redesignated (f) by Pub. L. 104–264, title IX, §904(a), Oct. 9, 1996, 110 Stat. 3276. Section 6007 was subsequently repealed and reenacted as section 49106 of Title 49, Transportation, by Pub. L. 105–102, §§2(26), 5(b), Nov. 20, 1997, 111 Stat. 2205, 2217, and does not contain provisions relating to a Board of Review.

Amendments

2024—Subsec. (b). Pub. L. 118–63 struck out par. (2) designation before "Any action" and struck out par. (1) which read as follows: "If any provision of the Metropolitan Washington Airports Amendments Act of 1996 (title IX of Public Law 104–264; 110 Stat. 3274) or the amendments made by the Act, or the application of that provision to a person, circumstance, or venue, is held invalid by a judicial order, the Secretary of Transportation and the Metropolitan Washington Airports Authority shall be subject to section 49108 of this title from the day after the day the order is issued."
49 U.S.C. § 351 (2024) — Title 49: TRANSPORTATION / Chapter 3 / Subchapter III / Section 351: Judicial review of actions in carrying out certain transferred duties and powers
Judicial review of actions in carrying out certain transferred duties and powers
Status: in_force

(a) Judicial Review.—An action of the Secretary of Transportation in carrying out a duty or power transferred under the Department of Transportation Act (Public Law 89–670, 80 Stat. 931), or an action of the Administrator of the Federal Railroad Administration, the Federal Motor Carrier Safety Administration, or the Federal Aviation Administration in carrying out a duty or power specifically assigned to the Administrator by that Act, may be reviewed judicially to the same extent and in the same way as if the action had been an action by the department, agency, or instrumentality of the United States Government carrying out the duty or power immediately before the transfer or assignment.

(b) Application of Procedural Requirements.—A statutory requirement related to notice, an opportunity for a hearing, action on the record, or administrative review that applied to a duty or power transferred by the Act applies to the Secretary or Administrator when carrying out the duty or power.

(c) Nonapplication.—This section does not apply to a duty or power transferred from the Interstate Commerce Commission to the Secretary under section 6(e)(1)–(4) and (6)(A) of the Act.

(Pub. L. 103–272, §4(j)(10)(A), July 5, 1994, 108 Stat. 1367; Pub. L. 109–59, title IV, §4125(b), Aug. 10, 2005, 119 Stat. 1738.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

351 
49 App.:1653(c). 
Oct. 15, 1966, Pub. L. 89–670, §4(c), 80 Stat. 933.

In this subchapter, the words "duty or power" are substituted for "functions, powers, and duties" for clarity and consistency. The words "department, agency, or instrumentality of the United States Government" are substituted for "department or agency" for consistency in the revised title and with other titles of the United States Code.

In subsection (a), the word "orders" is omitted as being included in "action".

Editorial Notes

References in Text

The Department of Transportation Act, referred to in subsecs. (a) and (b), is Pub. L. 89–670, Oct. 15, 1966, 80 Stat. 931, which was classified principally to sections 1651 to 1660 of former Title 49, Transportation. The Act was repealed and the provisions thereof reenacted in Title 49, Transportation, by Pub. L. 97–449, Jan. 12, 1983, 96 Stat. 2413, and Pub. L. 103–272, July 5, 1994, 108 Stat. 745. The Act was also repealed by Pub. L. 104–287, §7(5), Oct. 11, 1996, 110 Stat. 3400. For disposition of sections of former Title 49, see Table at the beginning of Title 49.

Amendments

2005—Subsec. (a). Pub. L. 109–59 substituted "Federal Motor Carrier Safety Administration" for "Federal Highway Administration".

Statutory Notes and Related Subsidiaries

Abolition of Interstate Commerce Commission and Transfer of Functions

Interstate Commerce Commission abolished and functions of Commission transferred, except as otherwise provided in Pub. L. 104–88, to Surface Transportation Board effective Jan. 1, 1996, by section 1302 of this title, and section 101 of Pub. L. 104–88, set out as a note under section 1301 of this title. References to Interstate Commerce Commission deemed to refer to Surface Transportation Board, a member or employee of the Board, or Secretary of Transportation, as appropriate, see section 205 of Pub. L. 104–88, set out as a note under section 1301 of this title.
49 U.S.C. § 6502 (2024) — Title 49: TRANSPORTATION / Chapter 65 / Section 6502: Consolidated research database
Consolidated research database
Status: in_force

(a) Research Abstract Database.—

(1) Submission.—Not later than September 1 of each year, the head of each modal administration and joint program office of the Department of Transportation shall submit to the Assistant Secretary, for review and public posting, a description of each proposed research project to be carried out during the following fiscal year, including—

(A) proposed funding for any new projects; and

(B) proposed additional funding for any existing projects.

(2) Publication.—Not less frequently than annually, after receiving the descriptions under paragraph (1), the Assistant Secretary shall publish on a public website a comprehensive database including a description of all research projects conducted by the Department of Transportation, including research funded through university transportation centers under section 5505.

(3) Contents.—The database published under paragraph (2) shall—

(A) be delimited by research project; and

(B) include a description of, with respect to each research project—

(i) research objectives;

(ii) the progress made with respect to the project, including whether the project is ongoing or complete;

(iii) any outcomes of the project, including potential implications for policy, regulations, or guidance issued by a modal administration or the Department of Transportation;

(iv) any findings of the project;

(v) the amount of funds allocated for the project; and

(vi) such other information as the Assistant Secretary determines to be necessary to address Departmental priorities and statutory mandates;

(C) identify research projects with multimodal applications;

(D) specify how relevant modal administrations have assisted, will contribute to, or plan to use the findings from the research projects identified under paragraph (1);

(E) identify areas in which more than 1 modal administration is conducting research on a similar subject or a subject that has a bearing on more than 1 mode;

(F) indicate how the findings of research are being disseminated to improve the efficiency, effectiveness, and safety of transportation systems; and

(G) describe the public and stakeholder input to the research plans submitted under section 6501(a)(1).

(b) Funding Report.—In conjunction with each of the annual budget requests submitted by the President under section 1105 of title 31, the Secretary shall annually publish on a public website and submit to the appropriate committees of Congress a report that describes—

(1) the amount spent in the last full fiscal year on transportation research and development with specific descriptions of projects funded at $5,000,000 or more; and

(2) the amount proposed in the current budget for transportation research and development with specific descriptions of projects funded at $5,000,000 or more.

(c) Performance Plans and Reports.—In the plans and reports submitted under sections 1115 and 1116 of title 31, the Secretary shall include—

(1) a summary of the Federal transportation research and development activities for the previous fiscal year in each topic area;

(2) the amount spent in each topic area;

(3) a description of the extent to which the research and development is meeting the expectations described in section 6503(c)(1); and

(4) any amendments to the strategic plan developed under section 6503.

(Added Pub. L. 114–94, div. A, title VI, §6019(b)(1), Dec. 4, 2015, 129 Stat. 1579; amended Pub. L. 117–58, div. B, title V, §25015(b), Nov. 15, 2021, 135 Stat. 871.)

Editorial Notes

Amendments

2021—Subsec. (a). Pub. L. 117–58 inserted subsec. (a) heading and added pars. (1) and (2) and heading, introductory provisions, and subpars. (A) and (B) of par. (3), and struck out former subsec. (a) heading, former par. (1), which related to publication of research abstract database in general, and former par. (2) heading and subpars. (A) and (B), which related to contents of database. Subpars. (C) to (G) of former par. (2) effectively redesignated subpars. (C) to (G) of par. (3).

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees.
49 U.S.C. § 47521 (2024) — Title 49: TRANSPORTATION / Chapter 475 / Subchapter II / Section 47521: Findings
Findings
Status: in_force

Congress finds that—

(1) aviation noise management is crucial to the continued increase in airport capacity;

(2) community noise concerns have led to uncoordinated and inconsistent restrictions on aviation that could impede the national air transportation system;

(3) a noise policy must be carried out at the national level;

(4) local interest in aviation noise management shall be considered in determining the national interest;

(5) community concerns can be alleviated through the use of new technology aircraft and the use of revenues, including those available from passenger facility charges, for noise management;

(6) revenues controlled by the United States Government can help resolve noise problems and carry with them a responsibility to the national airport system;

(7) revenues derived from a passenger facility charge may be applied to noise management and increased airport capacity; and

(8) a precondition to the establishment and collection of a passenger facility charge is the prescribing by the Secretary of Transportation of a regulation establishing procedures for reviewing airport noise and access restrictions on operations of stage 2 and stage 3 aircraft.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1287; Pub. L. 112–95, title I, §111(c)(2)(A)(vi), (B), Feb. 14, 2012, 126 Stat. 18.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

47521
49 App.:2151.
Nov. 5, 1990, Pub. L. 101–508, §9302, 104 Stat. 1388–378.

Editorial Notes

Amendments

2012—Par. (5). Pub. L. 112–95, §111(c)(2)(B), substituted "charges" for "fees".

Pars. (7), (8). Pub. L. 112–95, §111(c)(2)(A)(vi), substituted "charge" for "fee".

Statutory Notes and Related Subsidiaries

Authorization of Certain Flights by Stage 2 Aircraft

Pub. L. 115–254, div. B, title I, §172, Oct. 5, 2018, 132 Stat. 3227, provided that:

"(a) In General.—Notwithstanding chapter 475 of title 49, United States Code, not later than 180 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator of the Federal Aviation Administration shall initiate a pilot program to permit an operator of a stage 2 aircraft to operate that aircraft in nonrevenue service into not more than 4 medium hub airports or nonhub airports if—

"(1) the airport—

"(A) is certified under part 139 of title 14, Code of Federal Regulations;

"(B) has a runway that—

"(i) is longer than 8,000 feet and not less than 200 feet wide; and

"(ii) is load bearing with a pavement classification number of not less than 38; and

"(C) has a maintenance facility with a maintenance certificate issued under part 145 of such title; and

"(2) the operator of the stage 2 aircraft operates not more than 10 flights per month using that aircraft.

"(b) Termination.—The pilot program shall terminate on the earlier of—

"(1) the date that is 10 years after the date of the enactment of this Act [Oct. 5, 2018]; or

"(2) the date on which the Administrator determines that no stage 2 aircraft remain in service.

"(c) Definitions.—In this section:

"(1) Medium hub airport; nonhub airport.—The terms 'medium hub airport' and 'nonhub airport' have the meanings given those terms in section 40102 of title 49, United States Code.

"(2) Stage 2 aircraft.—The term 'stage 2 aircraft' has the meaning given the term 'stage 2 airplane' in section 91.851 of title 14, Code of Federal Regulations (as in effect on the day before the date of the enactment of this Act [Oct. 5, 2018])."
49 U.S.C. § 11904 (2024) — Title 49: TRANSPORTATION / Chapter 119 / Section 11904: Unlawful disclosure of information
Unlawful disclosure of information
Status: in_force

(a) A—

(1) rail carrier providing transportation subject to the jurisdiction of the Board under this part, or an officer, agent, or employee of that rail carrier, or another person authorized to receive information from that rail carrier, that knowingly discloses to another person, except the shipper or consignee; or

(2) person who solicits or knowingly receives,

information described in subsection (b) without the consent of the shipper or consignee shall be fined not more than $1,000.

(b) The information referred to in subsection (a) is information about the nature, kind, quantity, destination, consignee, or routing of property tendered or delivered to that rail carrier for transportation provided under this part, or information about the contents of a contract authorized under section 10709 of this title, that may be used to the detriment of the shipper or consignee or may disclose improperly, to a competitor, the business transactions of the shipper or consignee.

(c) This part does not prevent a rail carrier providing transportation subject to the jurisdiction of the Board under this part from giving information—

(1) in response to legal process issued under authority of a court of the United States or a State;

(2) to an officer, employee, or agent of the United States Government, a State, or a territory or possession of the United States; or

(3) to another rail carrier or its agent to adjust mutual traffic accounts in the ordinary course of business.

(d) An employee of the Board delegated to make an inspection or examination under section 11144 of this title who knowingly discloses information acquired during that inspection or examination, except as directed by the Board, a court, or a judge of that court, shall be fined not more than $500, imprisoned for not more than 6 months, or both.

(e) A person that knowingly discloses confidential data made available to such person under section 11163 of this title by a rail carrier providing transportation subject to the jurisdiction of the Board under this part shall be fined not more than $50,000.

(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 851; amended Pub. L. 105–102, §2(6), Nov. 20, 1997, 111 Stat. 2204.)

Historical and Revision Notes

Pub. L. 105–102

This amends 49:11904(a)(2) to correct a grammatical error.

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 11910 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).

A prior section 11904, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1457; Pub. L. 99–521, §13(a), Oct. 22, 1986, 100 Stat. 2998, related to additional rate and discrimination violations, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a). See section 14904 of this title.

Amendments

1997—Subsec. (a)(2). Pub. L. 105–102 struck out "a" before "person".

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title.
49 U.S.C. § 44517 (2024) — Title 49: TRANSPORTATION / Chapter 445 / Section 44517: Program to permit cost sharing of air traffic modernization projects
Program to permit cost sharing of air traffic modernization projects
Status: in_force

(a) In General.—Subject to the requirements of this section, the Secretary may carry out a program under which the Secretary may make grants to project sponsors for not more than 10 eligible projects per fiscal year for the purpose of improving aviation safety and enhancing mobility of the Nation's air transportation system by encouraging non-Federal investment in critical air traffic control equipment and software.

(b) Federal Share.—The Federal share of the cost of an eligible project carried out under the program shall not exceed 33 percent. The non-Federal share of the cost of an eligible project shall be provided from non-Federal sources, including revenues collected pursuant to section 40117.

(c) Limitation on Grant Amounts.—No eligible project may receive more than $5,000,000 in Federal funds under the program.

(d) Funding.—The Secretary shall use amounts appropriated under section 48101(a) to carry out the program.

(e) Definitions.—In this section, the following definitions apply:

(1) Eligible project.—The term "eligible project" means a project to purchase equipment or software relating to the Nation's air traffic control system that is certified or approved by the Administrator of the Federal Aviation Administration and that promotes safety, efficiency, or mobility. Such projects may include—

(A) airport-specific air traffic facilities and equipment, including local area augmentation systems, instrument landing systems, weather and wind shear detection equipment, and lighting improvements;

(B) automation tools to effect improvements in airport capacity, including passive final approach spacing tools and traffic management advisory equipment; and

(C) equipment and software that enhance airspace control procedures or assist in en route surveillance, including oceanic and offshore flight tracking.

(2) Project sponsor.—The term "project sponsor" means any major user of the national airspace system, as determined by the Secretary, including a public-use airport or a joint venture between a public-use airport and one or more air carriers.

(f) Transfers of Equipment.—Notwithstanding any other provision of law, and upon agreement by the Administrator, a project sponsor may transfer, without consideration, to the Federal Aviation Administration, facilities, equipment, or automation tools, the purchase of which was assisted by a grant made under this section, if such facilities, equipment or tools meet Federal Aviation Administration operation and maintenance criteria.

(g) Guidelines.—The Administrator shall issue advisory guidelines on the implementation of the program. The guidelines shall not be subject to administrative rulemaking requirements under subchapter II of chapter 5 of title 5.

(Added Pub. L. 108–176, title I, §183(a), Dec. 12, 2003, 117 Stat. 2516.)

Statutory Notes and Related Subsidiaries

Effective Date

Section applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as an Effective Date of 2003 Amendment note under section 106 of this title.
49 U.S.C. § 41738 (2024) — Title 49: TRANSPORTATION / Chapter 417 / Subchapter II / Section 41738: Fitness of air carriers
Fitness of air carriers
Status: in_force

Notwithstanding section 40109(a) and (c)–(h) of this title, an air carrier may provide air service to an eligible place or air transportation to a place designated under section 41736 of this title only when the Secretary of Transportation decides that—

(1) the carrier is fit, willing, and able to perform the service or transportation; and

(2) aircraft used to provide the service or transportation, and operations related to the service or transportation, conform to the safety standards prescribed by the Administrator of the Federal Aviation Administration.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1152.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

41738
49 App.:1389(e)(1).
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §419(e)(1); added Oct. 24, 1978, Pub. L. 95–504, §33(a), 92 Stat. 1732; Dec. 8, 1983, Pub. L. 98–213, §10, 97 Stat. 1461; Oct. 4, 1984, Pub. L. 98–443, §9(r), 98 Stat. 1708; restated Dec. 30, 1987, Pub. L. 100–223, §202(a)(1), (2), (b)(1), 101 Stat. 1507, 1515.

In this section, before clause (1), the words "air transportation to a place" are substituted for "service to a point" for consistency with the source provisions restated in sections 41733, 41735, and 41736 of the revised title. In clauses (1) and (2), the words "service or transportation" are substituted for "such service" for consistency with the source provisions restated in sections 41733, 41735, and 41736 of the revised title.
49 U.S.C. § 32509 (2024) — Title 49: TRANSPORTATION / Chapter 325 / Section 32509: Information and assistance from other departments, agencies, and instrumentalities
Information and assistance from other departments, agencies, and instrumentalities
Status: in_force

(a) General Authority.—The Secretary of Transportation may request information necessary to carry out this chapter from a department, agency, or instrumentality of the United States Government. The head of the department, agency, or instrumentality shall provide the information.

(b) Detailing Personnel.—The head of a department, agency, or instrumentality may detail, on a reimbursable basis, personnel to assist the Secretary in carrying out this chapter.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1047.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

32509
15:1914(c).
Oct. 20, 1972, Pub. L. 92–513, §104(c), 86 Stat. 951.

In subsection (a), the words "he deems" and "his functions under" are omitted as surplus. The words "head of the" are added for consistency in the revised title and with other titles of the United States Code. The words "cooperate with the Secretary and" and "to the Department of Transportation upon request made by the Secretary" are omitted as surplus.
49 U.S.C. § 41709 (2024) — Title 49: TRANSPORTATION / Chapter 417 / Subchapter I / Section 41709: Records of air carriers
Records of air carriers
Status: in_force

(a) Requirements.—The Secretary of Transportation shall prescribe the form of records to be kept by an air carrier, including records on the movement of traffic, receipts and expenditures of money, and the time period during which the records shall be kept. A carrier may keep only records prescribed or approved by the Secretary. However, a carrier may keep additional records if the additional records do not impair the integrity of the records prescribed or approved by the Secretary and are not an unreasonable financial burden on the carrier.

(b) Inspection.—(1) The Secretary at any time may—

(A) inspect the land, buildings, and equipment of an air carrier or foreign air carrier when necessary to decide under subchapter II of this chapter or section 41102, 41103, or 41302 of this title whether a carrier is fit, willing, and able; and

(B) inspect records kept or required to be kept by an air carrier, foreign air carrier, or ticket agent.

(2) The Secretary may employ special agents or auditors to carry out this subsection.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1142.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

41709(a)
49 App.:1377(d).
Aug. 23, 1958, Pub. L. 85–726, §407(d), 72 Stat. 766.

  
49 App.:1551(b)(1)(E).
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704.

41709(b)
49 App.:1377(e) (1st–3d sentences).
Aug. 23, 1958, Pub. L. 85–726, §407(e) (1st–3d sentences), 72 Stat. 766; Jan. 3, 1975, Pub. L. 93–623, §7(b), 88 Stat. 2105; restated Oct. 4, 1984, Pub. L. 98–443, §9(t), 98 Stat. 1708.

  
49 App.:1551(b)(1)(E).

In subsection (a), the word "unreasonable" is substituted for "undue" for consistency in the revised title and with other titles of the United States Code.

In subsection (b)(1)(A) and (B), the word "inspect" is substituted for "have access to" for consistency in the revised title and with other titles of the Code.

In subsection (b)(2), the words "to carry out this subsection" are substituted for "who shall have authority under the orders of the Board to inspect and examine lands, buildings, equipment, accounts, records, and memorandums to which the Board has access under this subsection" to eliminate unnecessary words.
49 U.S.C. § 325 (2024) — Title 49: TRANSPORTATION / Chapter 3 / Subchapter II / Section 325: Advisory committees
Advisory committees
Status: in_force

(a) Without regard to the provisions of title 5 governing appointment in the competitive service, the Secretary of Transportation may appoint advisory committees to consult with and advise the Secretary in carrying out the duties and powers of the Secretary.

(b) While attending a committee meeting or otherwise serving at the request of the Secretary, a member of an advisory committee may be paid not more than $100 a day. A member is entitled to reimbursement for expenses under section 5703 of title 5. This subsection does not apply to individuals regularly employed by the United States Government.

(c) A member of an advisory committee advising the Secretary in carrying out aviation duties and powers may serve for not more than 100 days in a calendar year.

(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2424.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

325(a) 
49:1343(g) (1st sentence 1st–32d words). 
Aug. 23, 1958, Pub. L. 85–726, §302(i) (less 1st sentence 31st–41st words), 72 Stat. 747.

  
49:1657(o) (1st sentence). 
Oct. 15, 1966, Pub. L. 89–670, §9(o), 80 Stat. 947.

325(b) 
49:1343(g) (1st sentence 44th–53d words, last sentence).

  
49:1657(o) (last sentence).

325(c) 
49:1343(g) (1st sentence 54th–last words).

In subsection (a), the words "provisions of title 5 governing appointment in the competitive service" are substituted for "civil service laws" in 49:1657(o) for clarity and consistency. The words "as shall be appropriate for the purpose of" before "consultation" in 49:1657(o) are omitted as surplus. The words "the Secretary in carrying out the duties and powers of the Secretary" are substituted for "the Department in performance of its functions" in 49:1657(o) and "the Administration in performance of its functions hereunder" in 49:1343(g) for clarity and consistency because the duties and powers are vested in the Secretary of Transportation.

In subsection (b), the word "compensation" after "may be paid" in 49:1657(o) is omitted as surplus. The words "not more than $100 a day" are substituted for "at rates not exceeding those authorized for individuals under subsection (b) of this section" in 49:1657(o) for clarity because that is the rate under 49:1657(b). The words "A member is entitled to reimbursement for expenses under section 5703 of title 5" are substituted for 49:1343(g) (last sentence) and 49:1657(o) (last sentence words after 4th comma) for clarity.

In subsection (c), the words "A member of an advisory committee advising the Secretary" are substituted for "in the case of any individual" in 49:1343(g) for clarity. The words "may serve" are added for clarity and because of the restatement of the section. The words "in carrying out aviation duties and powers" are added because the source provisions being restated only applies to carrying out duties and powers related to the Federal Aviation Administration.

Statutory Notes and Related Subsidiaries

Termination of Advisory Committees

Advisory committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 1013 of Title 5, Government Organization and Employees.
49 U.S.C. § 311 (2024) — Title 49: TRANSPORTATION / Chapter 3 / Subchapter I / Section 311: Congressional notification requirements
Congressional notification requirements
Status: in_force

(a) In General.—Except as provided in subsection (b) or as expressly provided in another provision of law, the Secretary of Transportation shall provide to the appropriate committees of Congress notice of an announcement concerning a covered project at least 3 full business days before the announcement is made by the Department.

(b) Emergency Program.—With respect to an allocation of funds under section 125 of title 23, the Secretary shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate notice of the allocation—

(1) at least 3 full business days before the issuance of the allocation; or

(2) concurrently with the issuance of the allocation, if the allocation is made using the quick release process of the Department (or any successor process).

(c) Definitions.—In this section, the following definitions apply:

(1) Appropriate committees of congress.—The term "appropriate committees of Congress" means—

(A) the Committee on Transportation and Infrastructure of the House of Representatives; and

(B) the Committee on Environment and Public Works, the Committee on Commerce, Science, and Transportation, and the Committee on Banking, Housing, and Urban Affairs of the Senate.

(2) Covered project.—The term "covered project" means a project competitively selected by the Department to receive a discretionary grant award, letter of intent, loan commitment, loan guarantee commitment, or line of credit commitment in an amount equal to or greater than $750,000.

(3) Department.—The term "Department" means the Department of Transportation, including the modal administrations of the Department.

(Added Pub. L. 114–322, title IV, §5001(a), Dec. 16, 2016, 130 Stat. 1884.)
49 U.S.C. § 50105 (2024) — Title 49: TRANSPORTATION / Chapter 501 / Section 50105: Fraudulent use of "Made in America" label
Fraudulent use of "Made in America" label
Status: in_force

If the Secretary of Transportation decides that a person intentionally affixed a "Made in America" label to goods sold in or shipped to the United States that are not made in the United States, the Secretary shall declare the person ineligible, for not less than 3 nor more than 5 years, to receive a contract or grant from the United States Government related to a contract made under section 106(k), 44502(a)(2), or 44509, subchapter I of chapter 471, or chapter 481 (except sections 48102(e), 48106, 48107, and 48110) of this title or subtitle B of title IX of the Omnibus Budget Reconciliation Act of 1990 (Public Law 101–508, 104 Stat. 1388–353). The Secretary may bring a civil action to enforce this section in any district court of the United States.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1300, §49105; renumbered §50105 and amended Pub. L. 104–287, §5(88)(D), (89), Oct. 11, 1996, 110 Stat. 3398; Pub. L. 118–63, title VII, §768(b)(3), May 16, 2024, 138 Stat. 1295.)

Historical and Revision Notes
Pub. L. 103–272

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

49105
49 App.:2226b.
Nov. 5, 1990, Pub. L. 101–508, §9130, 104 Stat. 1388–372; Oct. 31, 1992, Pub. L. 102–581, §118(a), 106 Stat. 4883.

Pub. L. 104–287, §5(89)

This makes a clarifying amendment to 49:50101(a) and (b)(3), 50102, 50104(b)(1), and 50105, as redesignated by clause (88)(D) of this section, because 49:47106(d) was struck by section 108(1) of the Federal Aviation Administration Authorization Act of 1994 (Public Law 103–305, 108 Stat. 1573).

Editorial Notes

References in Text

Subtitle B of title IX of the Omnibus Budget Reconciliation Act of 1990, referred to in text, is subtitle B (§§9101–9131) of title IX of Pub. L. 101–508, Nov. 5, 1990, 104 Stat. 1388–353, known as the Aviation Safety and Capacity Expansion Act of 1990. Sections 9102 to 9105, 9107 to 9112(b), 9113 to 9115, 9118, 9121 to 9123, 9124 "Sec. 613(c)", 9125, 9127, and 9129 to 9131 of title IX of Pub. L. 101–508 were repealed by Pub. L. 103–272, §7(b), July 5, 1994, 108 Stat. 1379, the first section of which enacted subtitles II, III, and V to X of Title 49, Transportation. For complete classification of this Act to the Code, see Tables. For disposition of sections of former Title 49, Transportation, see table at the beginning of Title 49.

Amendments

2024—Pub. L. 118–63 struck out "(except section 47127)" after "subchapter I of chapter 471".

1996—Pub. L. 104–287, §5(89), substituted "section 47127" for "sections 47106(d) and 47127".

Pub. L. 104–287, §5(88)(D), renumbered section 49105 of this title as this section.
49 U.S.C. § 41503 (2024) — Title 49: TRANSPORTATION / Chapter 415 / Section 41503: Establishing joint prices for through routes provided by State authorized carriers
Establishing joint prices for through routes provided by State authorized carriers
Status: in_force

Subject to sections 41309 and 42111 of this title, a citizen of the United States providing transportation under section 41101(b) of this title may make an agreement with an air carrier or foreign air carrier for joint prices for that transportation. The joint prices agreed to must be the lowest of—

(1) the sum of the applicable prices for—

(A) the part of the transportation provided in the State and approved by the appropriate State authority; and

(B) the part of the transportation provided by the air carrier or foreign air carrier;

(2) a joint price established and filed under section 41504 of this title; or

(3) a joint price prescribed by the Secretary of Transportation under section 41507 of this title.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1132.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

41503
49 App.:1371(d) (4)(A)(ii) (related to joint rates, fares), (B).
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §401(d) (4)(A)(ii) (related to joint rates, fares), (B); added Nov. 9, 1977, Pub. L. 95–163, §9, 91 Stat. 1281; restated Oct. 24, 1978, Pub. L. 95–504, §9, 92 Stat. 1713.

  
49 App.:1551(b)(1)(E).
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704.

In this section, before clause (1), the words "Notwithstanding any other provision of this chapter" are omitted as surplus. The words "a citizen of the United States providing transportation under section 41101(b) of this title" are substituted for "any citizen of the United States who undertakes, within any State, the carriage of persons or property as a common carrier for compensation or hire with aircraft capable of carrying thirty or more persons pursuant to authority for such carriage within such State granted by the appropriate State agency" for clarity and because of the restatement of 49 App.:1371(d)(4)(A)(i) and (ii) (related to joint services) in section 41101(b) of the revised title. The words "the establishment of" are omitted as surplus.
49 U.S.C. § 5127 (2024) — Title 49: TRANSPORTATION / Chapter 51 / Section 5127: Judicial review
Judicial review
Status: in_force

(a) Filing and Venue.—Except as provided in section 20114(c), a person adversely affected or aggrieved by a final action of the Secretary under this chapter may petition for review of the final action in the United States Court of Appeals for the District of Columbia or in the court of appeals for the United States for the circuit in which the person resides or has its principal place of business. The petition must be filed not more than 60 days after the Secretary's action becomes final.

(b) Judicial Procedures.—When a petition is filed under subsection (a), the clerk of the court immediately shall send a copy of the petition to the Secretary. The Secretary shall file with the court a record of any proceeding in which the final action was issued, as provided in section 2112 of title 28.

(c) Authority of Court.—The court has exclusive jurisdiction, as provided in subchapter II of chapter 5 of title 5, to affirm or set aside any part of the Secretary's final action and may order the Secretary to conduct further proceedings.

(d) Requirement for Prior Objection.—In reviewing a final action under this section, the court may consider an objection to a final action of the Secretary only if the objection was made in the course of a proceeding or review conducted by the Secretary or if there was a reasonable ground for not making the objection in the proceeding.

(Added Pub. L. 109–59, title VII, §7123(b), Aug. 10, 2005, 119 Stat. 1907.)

Editorial Notes

Prior Provisions

A prior section 5127 was renumbered section 5128 of this title.
49 U.S.C. § 14122 (2024) — Title 49: TRANSPORTATION / Chapter 141 / Subchapter II / Section 14122: Records: form; inspection; preservation
Records: form; inspection; preservation
Status: in_force

(a) Form of Records.—The Secretary or the Board, as applicable, may prescribe the form of records required to be prepared or compiled under this subchapter by carriers and brokers, including records related to movement of traffic and receipts and expenditures of money.

(b) Right of Inspection.—The Secretary or Board, or an employee designated by the Secretary or Board, may on demand and display of proper credentials, in person or in writing—

(1) inspect and examine the lands, buildings, and equipment of a carrier or broker; and

(2) inspect and copy any record of—

(A) a carrier, broker, or association; and

(B) a person controlling, controlled by, or under common control with a carrier if the Secretary or Board, as applicable, considers inspection relevant to that person's relation to, or transaction with, that carrier.

(c) Period for Preservation of Records.—The Secretary or Board, as applicable, may prescribe the time period during which operating, accounting, and financial records must be preserved by carriers and brokers.

(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 893; amended Pub. L. 112–141, div. C, title II, §32501(d), July 6, 2012, 126 Stat. 803.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 11144 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).

Amendments

2012—Subsec. (b). Pub. L. 112–141 inserted ", in person or in writing" after "proper credentials".

Statutory Notes and Related Subsidiaries

Effective Date of 2012 Amendment

Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

Effective Date

Section effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title.
49 U.S.C. § 44928 (2024) — Title 49: TRANSPORTATION / Chapter 449 / Subchapter I / Section 44928: Honor Flight program
Honor Flight program
Status: in_force

The Administrator of the Transportation Security Administration shall establish, in collaboration with the Honor Flight Network or other not-for-profit organization that honors veterans, a process for providing expedited and dignified passenger screening services for veterans traveling on an Honor Flight Network private charter, or such other not-for-profit organization that honors veterans, to visit war memorials built and dedicated to honor the service of such veterans.

(Added Pub. L. 113–221, §2(a), Dec. 16, 2014, 128 Stat. 2094.)
49 U.S.C. § 22909 (2024) — Title 49: TRANSPORTATION / Chapter 229 / Section 22909: Railroad Crossing Elimination Program
Railroad Crossing Elimination Program
Status: in_force

(a) In General.—The Secretary of Transportation, in cooperation with the Administrator of the Federal Railroad Administration, shall establish a competitive grant program (referred to in this section as the "Program") under which the Secretary shall award grants to eligible recipients described in subsection (c) for highway-rail or pathway-rail grade crossing improvement projects that focus on improving the safety and mobility of people and goods.

(b) Goals.—The goals of the Program are—

(1) to eliminate highway-rail grade crossings that are frequently blocked by trains;

(2) to improve the health and safety of communities;

(3) to reduce the impacts that freight movement and railroad operations may have on underserved communities; and

(4) to improve the mobility of people and goods.

(c) Eligible Recipients.—The following entities are eligible to receive a grant under this section:

(1) A State, including the District of Columbia, Puerto Rico, and other United States territories and possessions.

(2) A political subdivision of a State.

(3) A federally recognized Indian Tribe.

(4) A unit of local government or a group of local governments.

(5) A public port authority.

(6) A metropolitan planning organization.

(7) A group of entities described in any of paragraphs (1) through (6).

(d) Eligible Projects.—The Secretary may award a grant under the Program for a highway-rail or pathway-rail grade crossing improvement project (including acquiring real property interests) involving—

(1) grade separation or closure, including through the use of a bridge, embankment, tunnel, or combination thereof;

(2) track relocation;

(3) the improvement or installation of protective devices, signals, signs, or other measures to improve safety, provided that such activities are related to a separation or relocation project described in paragraph (1) or (2);

(4) other means to improve the safety and mobility of people and goods at highway-rail grade crossings (including technological solutions);

(5) a group of related projects described in paragraphs (1) through (4) that would collectively improve the mobility of people and goods; or

(6) the planning, environmental review, and design of an eligible project described in paragraphs (1) through (5).

(e) Application Process.—

(1) In general.—An eligible entity seeking a grant under the Program shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.

(2) Railroad approvals.—

(A) In general.—Except as provided in subparagraph (B), the Secretary shall require applicants to obtain the necessary approvals from any impacted rail carriers or real property owners before proceeding with the construction of a project funded by a grant under the Program.

(B) Exception.—The requirement under subparagraph (A) shall not apply to planning projects described in subsection (d)(6) if the applicant agrees to work collaboratively with rail carriers and right-of-way owners.

(f) Project Selection Criteria.—

(1) In general.—In awarding grants under the Program, the Secretary shall evaluate the extent to which proposed projects would—

(A) improve safety at highway-rail or pathway-rail grade crossings;

(B) grade separate, eliminate, or close highway-rail or pathway-rail grade crossings;

(C) improve the mobility of people and goods;

(D) reduce emissions, protect the environment, and provide community benefits, including noise reduction;

(E) improve access to emergency services;

(F) provide economic benefits; and

(G) improve access to communities separated by rail crossings.

(2) Additional considerations.—In awarding grants under the Program, the Secretary shall consider—

(A) the degree to which the proposed project will use—

(i) innovative technologies;

(ii) innovative design and construction techniques; or

(iii) construction materials that reduce greenhouse gas emissions;

(B) the applicant's planned use of contracting incentives to employ local labor, to the extent permissible under Federal law;

(C) whether the proposed project will improve the mobility of—

(i) multiple modes of transportation, including ingress and egress from freight facilities; or

(ii) users of nonvehicular modes of transportation, such as pedestrians, bicyclists, and public transportation;

(D) whether the proposed project is identified in—

(i) the freight investment plan component of a State freight plan, as required under section 70202(b)(9);

(ii) a State rail plan prepared in accordance with chapter 227; or

(iii) a State highway-rail grade crossing action plan, as required under section 11401(b) of the Passenger Rail Reform and Investment Act of 2015 (title XI of Public Law 114–94); and

(E) the level of financial support provided by impacted rail carriers.

(3) Award distribution.—In selecting grants for Program funds in any fiscal year, the Secretary shall comply with the following limitations:

(A) Grant funds.—Not less than 20 percent of the grant funds available for the Program in any fiscal year shall be reserved for projects located in rural areas or on Tribal lands. The requirement under section 22907(l), which applies to this section, shall not apply to grant funds reserved specifically under this subparagraph. Not less than 5 percent of the grant funds reserved under this subparagraph shall be reserved for projects in counties with 20 or fewer residents per square mile, according to the most recent decennial census, provided that sufficient eligible applications have been submitted.

(B) Planning grants.—Not less than 25 percent of the grant funds set aside for planning projects in any fiscal year pursuant to section 22104(b) of the Passenger Rail Expansion and Rail Safety Act of 2021 shall be awarded for projects located in rural areas or on tribal lands.

(C) State limitation.—Not more than 20 percent of the grant funds available for the Program in any fiscal year may be selected for projects in any single State.

(D) Minimum size.—No grant awarded under this section shall be for less than $1,000,000, except for a planning grant described in subsection (d)(6).

(g) Cost Share.—Except as provided in paragraph (2),1 the Federal share of the cost of a project carried out using a grant under the Program may not exceed 80 percent of the total cost of the project. Applicants may count costs incurred for preliminary engineering associated with highway-rail and pathway-rail grade crossing improvement projects as part of the total project costs.

(h) Congressional Notification.—Not later than 3 days before awarding a grant for a project under the Program, the Secretary shall submit written notification of the proposed grant to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, which shall include—

(1) a summary of the project; and

(2) the amount of the proposed grant award.

(i) Annual Report.—Not later than 60 days after each round of award notifications, the Secretary shall post, on the public website of the Department of Transportation—

(1) a list of all eligible applicants that submitted an application for funding under the Program during the current fiscal year;

(2) a list of the grant recipients and projects that received grant funding under the Program during such fiscal year; and

(3) a list of the proposed projects and applicants that were determined to be ineligible.

(j) Commuter Rail Eligibility and Grant Conditions.—

(1) In general.—Section 22905(f) shall not apply to grants awarded under this section for commuter rail passenger transportation projects.

(2) Administration of funds.—The Secretary of Transportation shall transfer amounts awarded under this section for commuter rail passenger transportation projects to the Federal Transit Administration, which shall administer such funds in accordance with chapter 53.

(3) Protective arrangements.—

(A) In general.—Notwithstanding paragraph (2) and section 22905(e)(1), as a condition of receiving a grant under this section, any employee covered by the Railway Labor Act (45 U.S.C. 151 et seq.) and the Railroad Retirement Act of 1974 (45 U.S.C. 231 et seq.) who is adversely affected by actions taken in connection with the project financed in whole or in part by such grant shall be covered by employee protective arrangements required to be established under section 22905(c)(2)(B).

(B) Implementation.—A grant recipient under this section, and the successors, assigns, and contractors of such grant recipient—

(i) shall be bound by the employee protective arrangements required under subparagraph (A); and

(ii) shall be responsible for the implementation of such arrangements and for the obligations under such arrangements, but may arrange for another entity to take initial responsibility for compliance with the conditions of such arrangement.

(k) Defined Term.—In this section, the term "rural area" means any area that is not within an area designated as an urbanized area by the Bureau of the Census.

(Added Pub. L. 117–58, div. B, title II, §22305(a), Nov. 15, 2021, 135 Stat. 720.)

Editorial Notes

References in Text

Section 11401(b) of the Passenger Rail Reform and Investment Act of 2015, referred to in subsec. (f)(2)(D)(iii), is section 11401(b) of title XI of div. A of Pub. L. 114–94, which is set out as a note under section 22907 of this title.

Section 22104(b) of the Passenger Rail Expansion and Rail Safety Act of 2021, referred to in subsec. (f)(3)(B), is section 22104(b) of title II of div. B of Pub. L. 117–58, Nov. 15, 2021, 135 Stat. 696, which is not classified to the Code.

The Railway Labor Act, referred to in subsec. (j)(3)(A), is act May 20, 1926, ch. 347, 44 Stat. 577, which is classified principally to chapter 8 (§151 et seq.) of Title 45, Railroads. For complete classification of this Act to the Code, see section 151 of Title 45 and Tables.

The Railroad Retirement Act of 1974, referred to in subsec. (j)(3)(A), is act Aug. 29, 1935, ch. 812, as amended generally by Pub. L. 93–445, title I, §101, Oct. 16, 1974, 88 Stat. 1305, which is classified generally to subchapter IV (§231 et seq.) of chapter 9 of Title 45, Railroads. For further details and complete classification of this Act to the Code, see Codification note set out preceding section 231 of Title 45, section 231t of Title 45, and Tables.

1 So in original. No par. (2) has been enacted.
49 U.S.C. § 31504 (2024) — Title 49: TRANSPORTATION / Chapter 315 / Section 31504: Identification of motor vehicles
Identification of motor vehicles
Status: in_force

(a) General Authority.—The Secretary of Transportation may—

(1) issue and require the display of an identification plate on a motor vehicle used in transportation provided by a motor private carrier and a motor carrier of migrant workers subject to section 31502(c) of this title, except a motor contract carrier; and

(2) require each of those motor private carriers and motor carriers of migrant workers to pay the reasonable cost of the plate.

(b) Limitation.—A motor private carrier or a motor carrier of migrant workers may use an identification plate only as authorized by the Secretary.

(Pub. L. 97–449, Jan. 12, 1983, 96 Stat. 2439, §3104; renumbered §31504 and amended Pub. L. 103–272, §1(c), (e), July 5, 1994, 108 Stat. 745, 1030.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

3104(a)
49:304(a)(3) (last sentence) (related to "Sec. 324").
Feb. 4, 1887, ch. 104, 24 Stat. 379, §204(a)(3) (last sentence) (related to "Sec. 224"); added Aug. 9, 1935, ch. 498, 49 Stat. 546.

  
49:304(a)(3a) (last sentence) (related to "Sec. 324").
Feb. 4, 1887, ch. 104, 24 Stat. 379, §204(a)(3a) (last sentence) (related to "Sec. 224"); added Aug. 3, 1956, ch. 905, §2, 70 Stat. 958.

  
49:1655(e)(6)(D) (related to "Sec. 324").
Oct. 15, 1966, Pub. L. 89–670, §6(e)(6)(D) (related to "Sec. 224"), 80 Stat. 940.

3104(b)
49:304(a)(3) (last sentence) (related to "Sec. 324").

  
49:304(a)(3a) (last sentence) (related to "Sec. 324").

  
49:l655(e)(6)(D) (related to "Sec. 324").

The section is included to reflect the text of former 49:324 (related to motor private carriers and motor carriers of migrant workers) which is incorporated in the revised title by cross-reference.

Editorial Notes

Amendments

1994—Pub. L. 103–272 renumbered section 3104 of this title as this section and amended it generally, restating it without substantive change.
49 U.S.C. § 49110 (2024) — Title 49: TRANSPORTATION / Chapter 491 / Section 49110: Use of Dulles Airport Access Highway
Use of Dulles Airport Access Highway
Status: in_force

The Metropolitan Washington Airports Authority shall continue in effect and enforce section 4.2(1) and (2) of the Metropolitan Washington Airports Regulations, as in effect on February 1, 1995. The district courts of the United States have jurisdiction to compel the Airports Authority and its officers and employees to comply with this section. The Attorney General or an aggrieved party may bring an action on behalf of the United States Government.

(Added Pub. L. 105–102, §2(26), Nov. 20, 1997, 111 Stat. 2213.)

Historical and Revision Notes

Revised
Section
Source (U.S. Code)Source (Statutes at Large)

49110 
(uncodified). 
Oct. 18, 1986, Pub. L. 99–500, title VI, §6013, as added Oct. 9, 1996, Pub. L. 104–264, title IX, §906, 110 Stat. 3277.

  
  
Oct. 30, 1986, Pub. L. 99–591, title VI, §6013, as added Oct. 9, 1996, Pub. L. 104–264, title IX, §906, 110 Stat. 3277.

The words "Except as provided by subsection (b)" and "the requirements of" are omitted as unnecessary.
49 U.S.C. § 32304A (2024) — Title 49: TRANSPORTATION / Chapter 323 / Section 32304A: Consumer tire information and standards
Consumer tire information and standards
Status: in_force

(a) Consumer Tire Information.—

(1) In general.—Not later than 24 months after the date of enactment of the Ten-in-Ten Fuel Economy Act, the Secretary of Transportation (referred to in this section as the "Secretary") shall, after notice and opportunity for comment, promulgate rules establishing a national tire fuel efficiency consumer information program for replacement tires designed for use on motor vehicles to educate consumers about the effect of tires on automobile fuel efficiency, safety, and durability.

(2) Items included in rule.—The rulemaking shall include—

(A) a national tire fuel efficiency rating system for motor vehicle replacement tires to assist consumers in making more educated tire purchasing decisions;

(B) requirements for providing information to consumers, including information at the point of sale and other potential information dissemination methods, including the Internet;

(C) specifications for test methods for manufacturers to use in assessing and rating tires to avoid variation among test equipment and manufacturers; and

(D) a national tire maintenance consumer education program including,1 information on tire inflation pressure, alignment, rotation, and tread wear to maximize fuel efficiency, safety, and durability of replacement tires.

(3) Applicability.—This section shall apply only to replacement tires covered under section 575.104(c) of title 49, Code of Federal Regulations, in effect on the date of the enactment of the Ten-in-Ten Fuel Economy Act.

(b) Promulgation of Regulations for Tire Fuel Efficiency Minimum Performance Standards.—

(1) In general.—The Secretary, after consultation with the Secretary of Energy and the Administrator of the Environmental Protection Agency, shall promulgate regulations for tire fuel efficiency minimum performance standards for—

(A) passenger car tires with a maximum speed capability equal to or less than 149 miles per hour or 240 kilometers per hour; and

(B) passenger car tires with a maximum speed capability greater than 149 miles per hour or 240 kilometers per hour.

(2) Tire fuel efficiency minimum performance standards.—

(A) Standard basis and test procedures.—The minimum performance standards promulgated under paragraph (1) shall be expressed in terms of the rolling resistance coefficient measured using the test procedure specified in section 575.106 of title 49, Code of Federal Regulations (as in effect on the date of enactment of this Act).2

(B) No disparate effect on high performance tires.—The Secretary shall ensure that the minimum performance standards promulgated under paragraph (1) will not have a disproportionate effect on passenger car high performance tires with a maximum speed capability greater than 149 miles per hour or 240 kilometers per hour.

(C) Applicability.—

(i) In general.—This subsection applies to new pneumatic tires for use on passenger cars.

(ii) Exceptions.—This subsection does not apply to light truck tires, deep tread tires, winter-type snow tires, space-saver or temporary use spare tires, or tires with nominal rim diameters of 12 inches or less.

(c) Promulgation of Regulations for Tire Wet Traction Minimum Performance Standards.—

(1) In general.—The Secretary shall promulgate regulations for tire wet traction minimum performance standards to ensure that passenger tire wet traction capability is not reduced to achieve improved tire fuel efficiency.

(2) Tire wet traction minimum performance standards.—

(A) Basis of standard.—The minimum performance standards promulgated under paragraph (1) shall be expressed in terms of peak coefficient of friction.

(B) Test procedures.—Any test procedure promulgated under this subsection shall be consistent with any test procedure promulgated under subsection (a).

(C) Benchmarking.—The Secretary shall conduct testing to benchmark the wet traction performance of tire models available for sale in the United States as of the date of enactment of this Act 2 to ensure that the minimum performance standards promulgated under paragraph (1) are tailored to—

(i) tires sold in the United States; and

(ii) the needs of consumers in the United States.

(D) Applicability.—

(i) In general.—This subsection applies to new pneumatic tires for use on passenger cars.

(ii) Exceptions.—This subsection does not apply to light truck tires, deep tread tires, winter-type snow tires, space-saver or temporary use spare tires, or tires with nominal rim diameters of 12 inches or less.

(d) Coordination Among Regulations.—

(1) Compatibility.—The Secretary shall ensure that the test procedures and requirements promulgated under subsections (a), (b), and (c) are compatible and consistent.

(2) Combined effect of rules.—The Secretary shall evaluate the regulations promulgated under subsections (b) and (c) to ensure that compliance with the minimum performance standards promulgated under subsection (b) will not diminish wet traction performance of affected tires.

(3) Rulemaking deadlines.—The Secretary shall promulgate—

(A) the regulations under subsections (b) and (c) not later than 24 months after the date of enactment of this Act; 2 and

(B) the regulations under subsection (c) not later than the date of promulgation of the regulations under subsection (b).

(e) Consultation.—The Secretary shall consult with the Secretary of Energy and the Administrator of the Environmental Protection Agency on the means of conveying tire fuel efficiency consumer information.

(f) Report to Congress.—The Secretary shall conduct periodic assessments of the rules promulgated under this section to determine the utility of such rules to consumers, the level of cooperation by industry, and the contribution to national goals pertaining to energy consumption. The Secretary shall transmit periodic reports detailing the findings of such assessments to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce.

(g) Tire Marking.—The Secretary shall not require permanent labeling of any kind on a tire for the purpose of tire fuel efficiency information.

(h) Application With State and Local Laws and Regulations.—Nothing in this section prohibits a State or political subdivision thereof from enforcing a law or regulation on tire fuel efficiency consumer information that was in effect on January 1, 2006. After a requirement promulgated under this section is in effect, a State or political subdivision thereof may adopt or enforce a law or regulation on tire fuel efficiency consumer information enacted or promulgated after January 1, 2006, if the requirements of that law or regulation are identical to the requirement promulgated under this section. Nothing in this section shall be construed to preempt a State or political subdivision thereof from regulating the fuel efficiency of tires (including establishing testing methods for determining compliance with such standards) not otherwise preempted under this chapter.

(Added Pub. L. 110–140, title I, §111(a), Dec. 19, 2007, 121 Stat. 1506; amended Pub. L. 114–94, div. B, title XXIV, §24332, Dec. 4, 2015, 129 Stat. 1713.)

Editorial Notes

References in Text

The date of enactment of the Ten-in-Ten Fuel Economy Act, referred to in subsec. (a)(1), (3), is the date of enactment of subtitle A (§§101–113) of title I of Pub. L. 110–140, which was approved Dec. 19, 2007.

The date of enactment of this Act, referred to in subsecs. (b)(2)(A), (c)(2)(C), and (d)(3)(A), probably means the date of enactment of Pub. L. 114–94, which added subsecs. (b) to (d) and was approved Dec. 4, 2015.

Amendments

2015—Pub. L. 114–94, §24332(1), which directed insertion of "AND STANDARDS" after "CONSUMER TIRE INFORMATION" in section catchline, was executed by inserting "and standards" after "Consumer tire information", to reflect the probable intent of Congress.

Subsec. (a). Pub. L. 114–94, §24332(2)(A), substituted "Consumer Tire Information" for "Rulemaking" in heading.

Subsec. (a)(1). Pub. L. 114–94, §24332(2)(B), inserted "(referred to in this section as the 'Secretary')" after "Secretary of Transportation".

Subsecs. (b) to (h). Pub. L. 114–94, §24332(3), (4), added subsecs. (b) to (d) and redesignated former subsecs. (b) to (e) as (e) to (h), respectively.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as a note under section 1824 of Title 2, The Congress.

1 So in original. Probably should be ", including".

2 See References in Text note below.
49 U.S.C. § 80107 (2024) — Title 49: TRANSPORTATION / Chapter 801 / Section 80107: Warranties and liability
Warranties and liability
Status: in_force

(a) General Rule.—Unless a contrary intention appears, a person negotiating or transferring a bill of lading for value warrants that—

(1) the bill is genuine;

(2) the person has the right to transfer the bill and the title to the goods described in the bill;

(3) the person does not know of a fact that would affect the validity or worth of the bill; and

(4) the goods are merchantable or fit for a particular purpose when merchantability or fitness would have been implied if the agreement of the parties had been to transfer the goods without a bill of lading.

(b) Security for Debt.—A person holding a bill of lading as security for a debt and in good faith demanding or receiving payment of the debt from another person does not warrant by the demand or receipt—

(1) the genuineness of the bill; or

(2) the quantity or quality of the goods described in the bill.

(c) Duplicates.—A common carrier issuing a bill of lading, on the face of which is the word "duplicate" or another word indicating that the bill is not an original bill, is liable the same as a person that represents and warrants that the bill is an accurate copy of an original bill properly issued. The carrier is not otherwise liable under the bill.

(d) Indorser Liability.—Indorsement of a bill of lading does not make the indorser liable for failure of the common carrier or a previous indorser to fulfill its obligations.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1349.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

80107(a)
49 App.:114.
Aug. 29, 1916, ch. 415, §§15, 34–36, 39 Stat. 541, 543.

80107(b)
49 App.:116.

80107(c)
49 App.:95.

80107(d)
49 App.:115.

In subsection (a), before clause (1), the words "by indorsement or delivery" are omitted as surplus. In clause (4), the words "merchantability or fitness" are substituted for "such warranties", and the words "the goods without a bill of lading" are substituted for "without a bill the goods represented thereby", for clarity.

In subsection (b), before clause (1), the words "person holding" are substituted for "mortgagee or pledgee or other holder" because they are inclusive. The words "from another person" are substituted for "whether from a party to a draft drawn for such debt or from any other person" to eliminate unnecessary words. The words "does not warrant by the demand or receipt" are substituted for "shall not be deemed by so doing to represent or warrant" for clarity.

In subsection (c), the words "A common carrier issuing . . . is liable" are substituted for "plainly shall impose upon the carrier issuing the same the liability" for clarity and to eliminate unnecessary words. The words "The carrier is not otherwise liable under the bill" are substituted for "but no other liability" for clarity.

In subsection (d), the word "respective" is omitted as unnecessary.
49 U.S.C. § 726 (2024) — Title 49: TRANSPORTATION / Chapter 7 / Subchapter II / Section 726: Renumbered §1325
Renumbered §1325
Status: renumbered

[§726. Renumbered §1325]
49 U.S.C. § 14101 (2024) — Title 49: TRANSPORTATION / Chapter 141 / Subchapter I / Section 14101: Providing transportation and service
Providing transportation and service
Status: in_force

(a) On Reasonable Request.—A carrier providing transportation or service subject to jurisdiction under chapter 135 shall provide the transportation or service on reasonable request. In addition, a motor carrier shall provide safe and adequate service, equipment, and facilities.

(b) Contracts With Shippers.—

(1) In general.—A carrier providing transportation or service subject to jurisdiction under chapter 135 may enter into a contract with a shipper, other than for the movement of household goods described in section 13102(10)(A), to provide specified services under specified rates and conditions. If the shipper and carrier, in writing, expressly waive any or all rights and remedies under this part for the transportation covered by the contract, the transportation provided under the contract shall not be subject to the waived rights and remedies and may not be subsequently challenged on the ground that it violates the waived rights and remedies. The parties may not waive the provisions governing registration, insurance, or safety fitness.

(2) Remedy for breach of contract.—The exclusive remedy for any alleged breach of a contract entered into under this subsection shall be an action in an appropriate State court or United States district court, unless the parties otherwise agree.

(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 890.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 11101 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title.
49 U.S.C. § 31110 (2024) — Title 49: TRANSPORTATION / Chapter 311 / Subchapter I / Section 31110: Authorization of appropriations
Authorization of appropriations
Status: in_force

(a) Administrative Expenses.—There are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) for the Secretary of Transportation to pay administrative expenses of the Federal Motor Carrier Safety Administration—

(1) $360,000,000 for fiscal year 2022;

(2) $367,500,000 for fiscal year 2023;

(3) $375,000,000 for fiscal year 2024;

(4) $382,500,000 for fiscal year 2025; and

(5) $390,000,000 for fiscal year 2026.

(b) Use of Funds.—The funds authorized by this section shall be used for—

(1) personnel costs;

(2) administrative infrastructure;

(3) rent;

(4) information technology;

(5) programs for research and technology, information management, regulatory development, and the administration of performance and registration information systems management under section 31106(b);

(6) programs for outreach and education under subsection (c);

(7) other operating expenses;

(8) conducting safety reviews of new operators; and

(9) such other expenses as may from time to time become necessary to implement statutory mandates of the Federal Motor Carrier Safety Administration not funded from other sources.

(c) Outreach and Education Program.—

(1) In general.—The Secretary may conduct, through any combination of grants, contracts, cooperative agreements, and other activities, an internal and external outreach and education program to be administered by the Administrator of the Federal Motor Carrier Safety Administration. The program authorized under this subsection may support, in addition to funds otherwise available for such purposes, the recognition, prevention, and reporting of human trafficking, while deferring to existing resources, as practicable.

(2) Federal share.—The Federal share of an outreach and education project for which a grant, contract, or cooperative agreement is made under this subsection may be up to 100 percent of the cost of the project.

(3) Funding.—From amounts made available under subsection (a), the Secretary shall make available not more than $4,000,000 each fiscal year to carry out this subsection.

(d) Contract Authority; Initial Date of Availability.—Amounts authorized from the Highway Trust Fund (other than the Mass Transit Account) by this section shall be available for obligation on the date of their apportionment or allocation or on October 1 of the fiscal year for which they are authorized, whichever occurs first.

(e) Funding Availability.—Amounts made available under this section shall remain available until expended.

(f) Contractual Obligation.—The approval of funds by the Secretary under this section is a contractual obligation of the Federal Government for payment of the Federal Government's share of costs.

(Added Pub. L. 114–94, div. A, title V, §5103(a), Dec. 4, 2015, 129 Stat. 1526; amended Pub. L. 115–99, §3, Jan. 3, 2018, 131 Stat. 2242; Pub. L. 117–58, div. B, title III, §23001(a), Nov. 15, 2021, 135 Stat. 756.)

Editorial Notes

Amendments

2021—Subsec. (a). Pub. L. 117–58 added subsec. (a) and struck out former subsec. (a) which authorized appropriations for administrative expenses of the Federal Motor Carrier Safety Administration for fiscal years 2016 to 2020.

2018—Subsec. (c)(1). Pub. L. 115–99 inserted at end "The program authorized under this subsection may support, in addition to funds otherwise available for such purposes, the recognition, prevention, and reporting of human trafficking, while deferring to existing resources, as practicable."

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees.
49 U.S.C. § 47523 (2024) — Title 49: TRANSPORTATION / Chapter 475 / Subchapter II / Section 47523: National aviation noise policy
National aviation noise policy
Status: in_force

(a) General Requirements.—Not later than July 1, 1991, the Secretary of Transportation shall establish by regulation a national aviation noise policy that considers this subchapter, including the phaseout and nonaddition of stage 2 aircraft as provided in this subchapter and dates for carrying out that policy and reporting requirements consistent with this subchapter and law existing as of November 5, 1990.

(b) Detailed Economic Analysis.—The policy shall be based on a detailed economic analysis of the impact of the phaseout date for stage 2 aircraft on competition in the airline industry, including—

(1) the ability of air carriers to achieve capacity growth consistent with the projected rate of growth for the airline industry;

(2) the impact of competition in the airline and air cargo industries;

(3) the impact on nonhub and small community air service; and

(4) the impact on new entry into the airline industry.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1288.)

Historical and Revision Notes

Revised 
Section
Source (U.S. Code)Source (Statutes at Large)

47523
49 App.:2152.
Nov. 5, 1990, Pub. L. 101–508, §9303, 104 Stat. 1388–378.

In this section, the text of 49 App.:2152(c) is omitted as executed.

In subsection (a), the words "(hereinafter in this chapter referred to as the 'Secretary')" are omitted because of the restatement. The words "this subchapter" (the first time they appear) are substituted for "the findings, determinations, and provisions of this chapter" to eliminate unnecessary words.

Subsection (b) is tabulated for clarity.