49 U.S.C. § 44916 (2024) — Title 49: TRANSPORTATION / Chapter 449 / Subchapter I / Section 44916: Assessments and evaluations
Assessments and evaluations
Status: in_force

(a) Periodic Assessments.—The Administrator of the Transportation Security Administration shall require each air carrier and airport (including the airport owner or operator in cooperation with the air carriers and vendors serving each airport) that provides for intrastate, interstate, or foreign air transportation to conduct periodic vulnerability assessments of the security systems of that air carrier or airport, respectively. The Transportation Security Administration shall perform periodic audits of such assessments.

(b) Investigations.—The Administrator of the Transportation Security Administration shall conduct periodic and unannounced inspections of security systems of airports and air carriers to determine the effectiveness and vulnerabilities of such systems. To the extent allowable by law, the Administrator may provide for anonymous tests of those security systems.

(Added Pub. L. 104–264, title III, §312(a), Oct. 9, 1996, 110 Stat. 3253; amended Pub. L. 107–71, title I, §101(f)(3), (7), Nov. 19, 2001, 115 Stat. 603; Pub. L. 115–254, div. K, title I, §1991(d)(14), Oct. 5, 2018, 132 Stat. 3635.)

Editorial Notes

Amendments

2018—Subsec. (a). Pub. L. 115–254, §1991(d)(14)(A), substituted "Administrator of the Transportation Security Administration" for "Under Secretary of Transportation for Security".

Subsec. (b). Pub. L. 115–254, §1991(d)(14)(B), substituted "Administrator of the Transportation Security Administration shall" for "Under Secretary shall" and "Administrator may" for "Under Secretary may".

2001—Subsec. (a). Pub. L. 107–71, §101(f)(3), substituted "Under Secretary of Transportation for Security" for "Administrator" in first sentence and "Transportation Security Administration" for "Administration" in second sentence.

Subsec. (b). Pub. L. 107–71, §101(f)(7), substituted "Under Secretary" for "Administrator" in two places.

Statutory Notes and Related Subsidiaries

Effective Date

Except as otherwise specifically provided, section applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as an Effective Date of 1996 Amendment note under section 106 of this title.
49 U.S.C. § 16105 (2024) — Title 49: TRANSPORTATION / Chapter 161 / Section 16105: General criminal penalty when specific penalty not provided
General criminal penalty when specific penalty not provided
Status: in_force

When another criminal penalty is not provided under this chapter, a pipeline carrier providing transportation subject to this part, and when that carrier is a corporation, a director or officer of the corporation, or a receiver, trustee, lessee, or person acting for or employed by the corporation that, alone or with another person, willfully violates this part or an order prescribed under this part, shall be fined under title 18 or imprisoned not more than 2 years, or both. A separate violation occurs each day a violation of this part continues.

(Added Pub. L. 104–88, title I, §106(a), Dec. 29, 1995, 109 Stat. 931.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 11914 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).

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. § 47528 (2024) — Title 49: TRANSPORTATION / Chapter 475 / Subchapter II / Section 47528: Prohibition on operating certain aircraft not complying with stage 3 noise levels
Prohibition on operating certain aircraft not complying with stage 3 noise levels
Status: in_force

(a) Prohibition.—Except as provided in subsection (b) or (f) of this section and section 47530 of this title, a person may operate after December 31, 1999, a civil subsonic turbojet (for which an airworthiness certificate other than an experimental certificate has been issued by the Administrator) with a maximum weight of more than 75,000 pounds to or from an airport in the United States only if the Secretary of Transportation finds that the aircraft complies with the stage 3 noise levels.

(b) Waivers.—(1) If, not later than July 1, 1999, at least 85 percent of the aircraft used by an air carrier or foreign air carrier to provide air transportation comply with the stage 3 noise levels, the carrier may apply for a waiver of subsection (a) of this section for the remaining aircraft used by the carrier to provide air transportation. The application must be filed with the Secretary not later than January 1, 1999, or, in the case of a foreign air carrier, the 15th day following the date of the enactment of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century and must include a plan with firm orders for making all aircraft used by the carrier to provide air transportation comply with the noise levels not later than December 31, 2003.

(2) The Secretary may grant a waiver under this subsection if the Secretary finds it would be in the public interest. In making the finding, the Secretary shall consider the effect of granting the waiver on competition in the air carrier industry and on small community air service.

(3) A waiver granted under this subsection may not permit the operation of stage 2 aircraft in the United States after December 31, 2003.

(c) Schedule for Phased-In Compliance.—The Secretary shall establish by regulation a schedule for phased-in compliance with subsection (a) of this section. The phase-in period shall begin on November 5, 1990, and end before December 31, 1999. The regulations shall establish interim compliance dates. The schedule for phased-in compliance shall be based on—

(1) a detailed economic analysis of the impact of the phaseout date for stage 2 aircraft on competition in the airline industry, including—

(A) the ability of air carriers to achieve capacity growth consistent with the projected rate of growth for the airline industry;

(B) the impact of competition in the airline and air cargo industries;

(C) the impact on nonhub and small community air service; and

(D) the impact on new entry into the airline industry; and

(2) an analysis of the impact of aircraft noise on individuals residing near airports.

(d) Annual Report.—Beginning with calendar year 1992—

(1) each air carrier shall submit to the Secretary an annual report on the progress the carrier is making toward complying with the requirements of this section and regulations prescribed under this section; and

(2) the Secretary shall submit to Congress an annual report on the progress being made toward that compliance.

(e) Hawaiian Operations.—(1) In this subsection, "turnaround service" means a flight between places only in Hawaii.

(2)(A) An air carrier or foreign air carrier may not operate in Hawaii, or between a place in Hawaii and a place outside the 48 contiguous States, a greater number of stage 2 aircraft with a maximum weight of more than 75,000 pounds than it operated in Hawaii, or between a place in Hawaii and a place outside the 48 contiguous States, on November 5, 1990.

(B) An air carrier that provided turnaround service in Hawaii on November 5, 1990, using stage 2 aircraft with a maximum weight of more than 75,000 pounds may include in the number of aircraft authorized under subparagraph (A) of this paragraph all stage 2 aircraft with a maximum weight of more than 75,000 pounds that were owned or leased by that carrier on that date, whether or not the aircraft were operated by the carrier on that date.

(3) An air carrier may provide turnaround service in Hawaii using stage 2 aircraft with a maximum weight of more than 75,000 pounds only if the carrier provided the service on November 5, 1990.

(4) An air carrier operating stage 2 aircraft under this subsection may transport stage 2 aircraft to or from the 48 contiguous States on a nonrevenue basis in order—

(A) to perform maintenance (including major alterations) or preventative maintenance on aircraft operated, or to be operated, within the limitations of paragraph (2)(B); or

(B) conduct operations within the limitations of paragraph (2)(B).

(f) Aircraft Modification, Disposal, Scheduled Heavy Maintenance, or Leasing.—

(1) In general.—The Secretary shall permit a person to operate after December 31, 1999, a stage 2 aircraft in nonrevenue service through the airspace of the United States or to or from an airport in the contiguous 48 States in order to—

(A) sell, lease, or use the aircraft outside the contiguous 48 States;

(B) scrap the aircraft;

(C) obtain modifications to the aircraft to meet stage 3 noise levels;

(D) perform scheduled heavy maintenance or significant modifications on the aircraft at a maintenance facility located in the contiguous 48 States;

(E) deliver the aircraft to an operator leasing the aircraft from the owner or return the aircraft to the lessor;

(F) prepare or park or store the aircraft in anticipation of any of the activities described in subparagraphs (A) through (E); or

(G) divert the aircraft to an alternative airport in the contiguous 48 States on account of weather, mechanical, fuel, air traffic control, or other safety reasons while conducting a flight in order to perform any of the activities described in subparagraphs (A) through (F).

(2) Procedure To Be Published.—Not later than 30 days after the date of the enactment of this subsection, the Secretary shall establish and publish a procedure to implement paragraph (1) through the use of categorical waivers, ferry permits, or other means.

(g) Statutory Construction.—Nothing in this section may be construed as interfering with, nullifying, or otherwise affecting determinations made by the Federal Aviation Administration, or to be made by the Administration with respect to applications under part 161 of title 14, Code of Federal Regulations, that were pending on November 1, 1999.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1291; Pub. L. 106–113, div. B, §1000(a)(5) [title II, §231(a), (b)(1)], Nov. 29, 1999, 113 Stat. 1536, 1501A–300, 1501A–301; Pub. L. 106–181, title VII, §721(a)–(c)(1), (d), Apr. 5, 2000, 114 Stat. 164, 165.)

Historical and Revision Notes

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

47528(a)
49 App.:2157(a).
Nov. 5, 1990, Pub. L. 101–508, §9308(a)–(c), (g), 104 Stat. 1388–382, 1388–383.

47528(b)
49 App.:2157(b).

47528(c)
49 App.:2157(c).

47528(d)
49 App.:2157(g).

47528(e)
49 App.:2157(i).
Nov. 5, 1990, Pub. L. 101–508, 104 Stat. 1388–382, §9308(i); added Oct. 28, 1991, Pub. L. 102–143, §349(b), 105 Stat. 949.

In subsection (e), the words "the State of" are omitted as surplus. The words "place" and "places" are substituted for "point" and "points" for consistency in title the revised title.

In subsection (e)(1), the words "the operation of" are omitted as surplus. The words "places only in Hawaii" are substituted for "two or more points, all of which are within the State of Hawaii" to eliminate unnecessary words.

Editorial Notes

References in Text

The date of the enactment of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century, referred to in subsec. (b)(1), is the date of enactment of Pub. L. 106–181, which was approved Apr. 5, 2000.

The date of the enactment of this subsection, referred to in subsec. (f)(2), is the date of enactment of Pub. L. 106–181, which was approved Apr. 5, 2000.

Amendments

2000—Pub. L. 106–181, §721(a), repealed Pub. L. 106–113, §1000(a)(5) [title II, §231]. See 1999 Amendment notes and Construction of 2000 Amendment note below.

Subsec. (a). Pub. L. 106–181, §721(b)(1), (c)(1), substituted "subsection (b) or (f)" for "subsection (b)" and inserted "(for which an airworthiness certificate other than an experimental certificate has been issued by the Administrator)" after "civil subsonic turbojet".

Subsec. (b)(1). Pub. L. 106–181, §721(d), in first sentence, inserted "or foreign air carrier" after "air carrier", and, in last sentence, inserted "or, in the case of a foreign air carrier, the 15th day following the date of the enactment of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century" after "January 1, 1999,".

Subsec. (e)(4). Pub. L. 106–181, §721(b)(2), added par. (4).

Subsecs. (f), (g). Pub. L. 106–181, §721(b)(3), added subsecs. (f) and (g).

1999—Pub. L. 106–113, §1000(a)(5) [title II, §231(a)], which directed the amendment of section 47528 by substituting "subsection (b) or (f)" for "subsection (b)" in subsec. (a), adding a par. (4) to subsec. (e), and adding subsec. (f) at the end, without specifying the Code title to be amended, was repealed by Pub. L. 106–181, §721(a). See Construction of 2000 Amendment note below.

Subsec. (a). Pub. L. 106–113, §1000(a)(5) [title II, §231(b)(1)], which inserted "(for which an airworthiness certificate other than an experimental certificate has been issued by the Administrator)" after "civil subsonic turbojet", was repealed by Pub. L. 106–181, §721(a). See Construction of 2000 Amendment note below.

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.

Regulations

Pub. L. 106–181, title VII, §721(c)(2), Apr. 5, 2000, 114 Stat. 165, provided that: "Regulations contained in title 14, Code of Federal Regulations, that implement section 47528 of title 49, United States Code, and related provisions shall be deemed to incorporate the amendment made by paragraph (1) [amending this section] on the date of the enactment of this Act [Apr. 5, 2000]."

Construction of 2000 Amendment

Pub. L. 106–181, title VII, §721(a), Apr. 5, 2000, 114 Stat. 164, provided that: "Section 231 of H.R. 3425 of the 106th Congress, as enacted into law by section 1000(a)(5) of Public Law 106–113 [amending this section], is repealed and the provisions of law amended by such section shall be read as if such section had not been enacted into law."

Termination of Reporting Requirements

For termination, effective May 15, 2000, of provisions in subsec. (d)(2) of this section relating to the requirement that the Secretary submit an annual report to Congress, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and the 7th item on page 132 of House Document No. 103–7.
49 U.S.C. § 5507 (2024) — Title 49: TRANSPORTATION / Chapter 55 / Subchapter I / Section 5507: Transportation workforce outreach program
Transportation workforce outreach program
Status: in_force

(a) In General.—The Secretary of Transportation (referred to in this section as the "Secretary") shall establish and administer a transportation workforce outreach program, under which the Secretary shall carry out a series of public service announcement campaigns during each of fiscal years 2022 through 2026.

(b) Purposes.—The purpose of the campaigns carried out under the program under this section shall be—

(1) to increase awareness of career opportunities in the transportation sector, including aviation pilots, safety inspectors, mechanics and technicians, air traffic controllers, flight attendants, truck and bus drivers, engineers, transit workers, railroad workers, and other transportation professionals; and

(2) to target awareness of professional opportunities in the transportation sector to diverse segments of the population, including with respect to race, sex, ethnicity, ability (including physical and mental ability), veteran status, and socioeconomic status.

(c) Advertising.—The Secretary may use, or authorize the use of, amounts made available to carry out the program under this section for the development, production, and use of broadcast, digital, and print media advertising and outreach in carrying out a campaign under this section.

(d) Funding.—The Secretary may use to carry out this section any amounts otherwise made available to the Secretary, not to exceed $5,000,000, for each of fiscal years 2022 through 2026.

(Added Pub. L. 117–58, div. B, title V, §25020(c)(1), Nov. 15, 2021, 135 Stat. 877.)
49 U.S.C. § 15722 (2024) — Title 49: TRANSPORTATION / Chapter 157 / Section 15722: Records: form; inspection; preservation
Records: form; inspection; preservation
Status: in_force

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

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

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

(2) inspect and copy any record of—

(A) a pipeline carrier, lessor, or association; and

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

(c) Preservation Period.—The Board may prescribe the time period during which operating, accounting, and financial records must be preserved by pipeline carriers and lessors.

(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 11144 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. § 44804 (2024) — Title 49: TRANSPORTATION / Chapter 448 / Section 44804: Unmanned aircraft in the Arctic
Unmanned aircraft in the Arctic
Status: in_force

(a) In General.—The Secretary of Transportation shall develop a plan and initiate a process to work with relevant Federal agencies and national and international communities to designate permanent areas in the Arctic where unmanned aircraft may operate 24 hours per day for research and commercial purposes.

(b) Plan Contents.—The plan under subsection (a) shall include the development of processes to facilitate the safe operation of unmanned aircraft beyond the visual line of sight.

(c) Requirements.—Each permanent area designated under subsection (a) shall enable over-water flights from the surface to at least 2,000 feet in altitude, with ingress and egress routes from selected coastal launch sites.

(d) Agreements.—To implement the plan under subsection (a), the Secretary may enter into an agreement with relevant national and international communities.

(e) Aircraft Approval.—

(1) In general.—Subject to paragraph (2), not later than 1 year after the entry into force of an agreement necessary to effectuate the purposes of this section, the Secretary shall work with relevant national and international communities to establish and implement a process for approving the use of a unmanned aircraft in the designated permanent areas in the Arctic without regard to whether the unmanned aircraft is used as a public aircraft, a civil aircraft, or a model aircraft.

(2) Existing process.—The Secretary may implement an existing process to meet the requirements under paragraph (1).

(Added Pub. L. 115–254, div. B, title III, §344(a), Oct. 5, 2018, 132 Stat. 3290; amended Pub. L. 118–63, title IX, §902(a), May 16, 2024, 138 Stat. 1341.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 332(d) of Pub. L. 112–95, which was set out in a note under section 40101 of this title, prior to repeal by Pub. L. 115–254, div. B, title III, §341(b)(2), Oct. 5, 2018, 132 Stat. 3287. The remainder of the note comprised of subtitle B of title III of Pub. L. 112–95 was transferred and is set out under section 44802 of this title.

Amendments

2024—Pub. L. 118–63, §902(a)(1), substituted "Unmanned" for "Small unmanned" in section catchline. Catchline was editorially conformed to the style used in this title.

Subsecs. (a), (b), (e)(1). Pub. L. 118–63, §902(a)(2), struck out "small" before "unmanned aircraft" wherever appearing.
49 U.S.C. § 30170 (2024) — Title 49: TRANSPORTATION / Chapter 301 / Subchapter IV / Section 30170: Criminal Penalties
Criminal Penalties
Status: in_force

(a) Criminal Liability for Falsifying or Withholding Information.—

(1) General rule.—A person who violates section 1001 of title 18 with respect to the reporting requirements of section 30166, with the specific intention of misleading the Secretary with respect to motor vehicle or motor vehicle equipment safety related defects that have caused death or serious bodily injury to an individual (as defined in section 1365(g)(3) 1 of title 18), shall be subject to criminal penalties of a fine under title 18, or imprisoned for not more than 15 years, or both.

(2) Safe harbor to encourage reporting and for whistle blowers.—

(A) Correction.—A person described in paragraph (1) shall not be subject to criminal penalties under this subsection if: (1) at the time of the violation, such person does not know that the violation would result in an accident causing death or serious bodily injury; and (2) the person corrects any improper reports or failure to report within a reasonable time.

(B) Reasonable time and sufficiency of correction.—The Secretary shall establish by regulation what constitutes a reasonable time for the purposes of subparagraph (A) and what manner of correction is sufficient for purposes of subparagraph (A). The Secretary shall issue a final rule under this subparagraph within 90 days of the date of the enactment of this section.

(C) Effective date.—Subsection (a) shall not take effect before the final rule under subparagraph (B) takes effect.

(b) Coordination with Department of Justice.—The Attorney General may bring an action, or initiate grand jury proceedings, for a violation of subsection (a) only at the request of the Secretary of Transportation.

(Added Pub. L. 106–414, §5(b)(1), Nov. 1, 2000, 114 Stat. 1803.)

Editorial Notes

References in Text

Section 1365(g)(3) of title 18, referred to in subsec. (a)(1), was redesignated section 1365(h)(3) of title 18 by Pub. L. 107–307, §2(1), Dec. 2, 2002, 116 Stat. 2445.

The date of the enactment of this section, referred to in subsec. (a)(2)(B), is the date of enactment of Pub. L. 106–414, which was approved Nov. 1, 2000.

1 See References in Text note below.
49 U.S.C. § 30120A (2024) — Title 49: TRANSPORTATION / Chapter 301 / Subchapter II / Section 30120A: Recall obligations and bankruptcy of a manufacturer
Recall obligations and bankruptcy of a manufacturer
Status: in_force

A manufacturer's filing of a petition in bankruptcy under chapter 7 or chapter 11 of title 11 does not negate the manufacturer's duty to comply with section 30112 or sections 30115 through 30120 of this title. In any bankruptcy proceeding, the manufacturer's obligations under such sections shall be treated as a claim of the United States Government against such manufacturer, subject to subchapter II of chapter 37 of title 31, United States Code, and given priority pursuant to section 3713(a)(1)(A) of such chapter, notwithstanding section 3713(a)(2), to ensure that consumers are adequately protected from any safety defect or noncompliance determined to exist in the manufacturer's products. This section shall apply equally to actions of a manufacturer taken before or after the filing of a petition in bankruptcy.

(Added Pub. L. 112–141, div. C, title I, §31312(a), July 6, 2012, 126 Stat. 772; amended Pub. L. 114–94, div. B, title XXIV, §24106, Dec. 4, 2015, 129 Stat. 1705.)

Editorial Notes

Amendments

2015—Pub. L. 114–94 substituted "chapter 7 or chapter 11 of title 11" for "chapter 11 of title 11,".

Statutory Notes and Related Subsidiaries

Effective Date

Section 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. § 20305 (2024) — Title 49: TRANSPORTATION / Chapter 203 / Section 20305: Inspection of mail cars
Inspection of mail cars
Status: in_force

The Secretary of Transportation shall inspect the construction, adaptability, design, and condition of mail cars used on railroads in the United States. The Secretary shall make a report on the inspection and submit a copy of the report to the United States Postal Service.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 883.)

Historical and Revision Notes

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

20305 
45:37. 
May 27, 1908, ch. 200, §1 (6th par. last sentence under heading "Interstate Commerce Commission"), 35 Stat. 325.

  
 
Mar. 4, 1909, ch. 299, §1 (6th par. last sentence under heading "Interstate Commerce Commission"), 35 Stat. 965.

  
49 App.:1655(e)(1)(I), (J). 
Oct. 15, 1966, Pub. L. 89–670, §6(e)(1)(I), (J), 80 Stat. 939.

The words "United States Postal Service" are substituted for "Postmaster General" because of sections 4(a) and 5(e) of the Postal Reorganization Act (Public Law 91–375, 84 Stat. 773, 775).
49 U.S.C. § 60135 (2024) — Title 49: TRANSPORTATION / Chapter 601 / Section 60135: Enforcement transparency
Enforcement transparency
Status: in_force

(a) In General.—Not later than December 31, 2007, the Secretary shall—

(1) provide a monthly updated summary to the public of all gas and hazardous liquid pipeline enforcement actions taken by the Secretary or the Pipeline and Hazardous Materials Safety Administration, from the time a notice commencing an enforcement action is issued until the enforcement action is final;

(2) include in each such summary identification of the operator involved in the enforcement activity, the type of alleged violation, the penalty or penalties proposed, any changes in case status since the previous summary, the final assessment amount of each penalty, and the reasons for a reduction in the proposed penalty, if appropriate; and

(3) provide a mechanism by which a pipeline operator named in an enforcement action may make information, explanations, or documents it believes are responsive to the enforcement action available to the public.

(b) Electronic Availability.—Each summary under this section shall be made available to the public by electronic means.

(c) Relationship to FOIA.—Nothing in this section shall be construed to require disclosure of information or records that are exempt from disclosure under section 552 of title 5.

(Added Pub. L. 109–468, §6(a), Dec. 29, 2006, 120 Stat. 3491.)
49 U.S.C. § 41703 (2024) — Title 49: TRANSPORTATION / Chapter 417 / Subchapter I / Section 41703: Navigation of foreign civil aircraft
Navigation of foreign civil aircraft
Status: in_force

(a) Permitted Navigation.—A foreign aircraft, not part of the armed forces of a foreign country, may be navigated in the United States only—

(1) if the country of registry grants a similar privilege to aircraft of the United States;

(2) by an airman holding a certificate or license issued or made valid by the United States Government or the country of registry;

(3) if the Secretary of Transportation authorizes the navigation; and

(4) if the navigation is consistent with terms the Secretary may prescribe.

(b) Requirements for Authorizing Navigation.—The Secretary may authorize navigation under this section only if the Secretary decides the authorization is—

(1) in the public interest; and

(2) consistent with any agreement between the Government and the government of a foreign country.

(c) Providing Air Commerce.—The Secretary may authorize an aircraft permitted to navigate in the United States under this section to provide air commerce in the United States. However, the aircraft may take on for compensation, at a place in the United States, passengers or cargo destined for another place in the United States only if—

(1) specifically authorized under section 40109(g) of this title; or

(2) under regulations the Secretary prescribes authorizing air carriers to provide otherwise authorized air transportation with foreign registered aircraft under lease or charter to them without crew.

(d) Permit Requirements Not Affected.—This section does not affect section 41301 or 41302 of this title. However, a foreign air carrier holding a permit under section 41302 does not need to obtain additional authorization under this section for an operation authorized by the permit.

(e) Cargo in Alaska.—

(1) In general.—For the purposes of subsection (c), eligible cargo taken on or off any aircraft at a place in Alaska in the course of transportation of that cargo by any combination of 2 or more air carriers or foreign air carriers in either direction between a place in the United States and a place outside the United States shall not be deemed to have broken its international journey in, be taken on in, or be destined for Alaska.

(2) Eligible cargo.—For purposes of paragraph (1), the term "eligible cargo" means cargo transported between Alaska and any other place in the United States on a foreign air carrier (having been transported from, or thereafter being transported to, a place outside the United States on a different air carrier or foreign air carrier) that is carried—

(A) under the code of a United States air carrier providing air transportation to Alaska;

(B) on an air carrier way bill of an air carrier providing air transportation to Alaska;

(C) under a term arrangement or block space agreement with an air carrier; or

(D) under the code of a United States air carrier for purposes of transportation within the United States.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1140; Pub. L. 108–176, title VIII, §808, Dec. 12, 2003, 117 Stat. 2588.)

Historical and Revision Notes

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

41703(a)
49 App.:1508(b) (1st sentence).
Aug. 23, 1958, Pub. L. 85–726, §1108(b) (1st, 2d, last sentences), 72 Stat. 798, 799.

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

41703(b)
49 App.:1508(b) (2d sentence).

  
49 App.:1551(b)(1)(E).

41703(c)
49 App.:1508(b) (3d sentence).
Aug. 23, 1958, Pub. L. 85–726, §1108(b) (3d sentence), 72 Stat. 799; Feb. 15, 1980, Pub. L. 96–192, §20, 94 Stat. 43.

  
49 App.:1551(b)(1)(E).

41703(d)
49 App.:1508(b) (last sentence).

In subsection (a), the word "country" is substituted for "nation" for consistency in the revised title and with other titles of the United States Code. In clause (3), the words "permit, order, or regulation issued" are omitted as surplus. In clause (4), the words "conditions, and limitations" are omitted as being included in "terms".

In subsection (b)(2), the word "agreement" is substituted for "treaty, convention, or agreement" for clarity and consistency in the revised title. The words "which may be in force" are omitted as surplus. The words "or countries" are omitted because of 1:1.

In subsection (c), before clause (1), the word "place" is substituted for "point", and the word "passengers" is substituted for "persons", for consistency in the revised title.

In subsection (d), the word "affect" is substituted for "limit, modify, or amend" to eliminate unnecessary words.

Editorial Notes

Amendments

2003—Subsec. (e). Pub. L. 108–176 added subsec. (e).

Statutory Notes and Related Subsidiaries

Effective Date of 2003 Amendment

Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
49 U.S.C. § 721 (2024) — Title 49: TRANSPORTATION / Chapter 7 / Subchapter II / Section 721: Renumbered §§1321 to 1324
Renumbered §§1321 to 1324
Status: renumbered

[§§721 to 724. Renumbered §§1321 to 1324]
49 U.S.C. § 46304 (2024) — Title 49: TRANSPORTATION / Chapter 463 / Section 46304: Liens on aircraft
Liens on aircraft
Status: in_force

(a) Aircraft Subject to Liens.—When an aircraft is involved in a violation referred to in section 46301(a)(1)(A)–(C) of this title and the violation is by the owner of, or individual commanding, the aircraft, the aircraft is subject to a lien for the civil penalty.

(b) Seizure.—An aircraft subject to a lien under this section may be seized summarily and placed in the custody of a person authorized to take custody of it under regulations of the Secretary of Transportation (or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator of the Federal Aviation Administration). A report on the seizure shall be submitted to the Attorney General. The Attorney General promptly shall bring a civil action in rem to enforce the lien or notify the Secretary or Administrator that the action will not be brought.

(c) Release.—An aircraft seized under subsection (b) of this section shall be released from custody when—

(1) the civil penalty is paid;

(2) a compromise amount agreed on is paid;

(3) the aircraft is seized under a civil action in rem to enforce the lien;

(4) the Attorney General gives notice that a civil action will not be brought under subsection (b) of this section; or

(5) a bond (in an amount and with a surety the Secretary or Administrator prescribes), conditioned on payment of the penalty or compromise, is deposited with the Secretary or Administrator.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1235; Pub. L. 108–176, title V, §503(d)(2), Dec. 12, 2003, 117 Stat. 2559; Pub. L. 115–254, div. K, title I, §1991(g)(2), Oct. 5, 2018, 132 Stat. 3644.)

Historical and Revision Notes

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

46304(a)
49 App.:1471(b).
Aug. 23, 1958, Pub. L. 85–726, §§901(b), 903(b)(2), (3), 72 Stat. 784, 786.

46304(b)
49 App.:1473(b)(2).

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

  
49 App.:1655(c)(1).
Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444.

46304(c)
49 App.:1473(b)(3).

  
49 App.:1551(b)(1)(E).

  
49 App.:1655(c)(1).

In this section, the word "civil" is added before "penalty" for consistency in the revised title and with other titles of the United States Code.

In subsections (b) and (c), the word "Administrator" in section 902(b)(2) and (3) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 786) is retained on authority of 49:106(g). The words "Attorney General" are substituted for "United States attorney for the judicial district in which the seizure is made" and "United States attorney" because of 28:503 and 509.

In subsection (b), the words "report on the seizure" are substituted for "report of the cause" for clarity. The words "bring a civil action in rem" are substituted for "institute proceedings" for clarity and consistency in the revised title and with other titles of the Code and the Federal Rules of Civil Procedure (28 App. U.S.C.). The words "that the action will not be brought" are substituted for "of his failure to so act" for clarity.

In subsection (c)(3), the words "under a civil action in rem" are substituted for "in pursuance of process of any court in proceedings in rem" to eliminate unnecessary words and for consistency.

Editorial Notes

Amendments

2018—Subsec. (b). Pub. L. 115–254 substituted "or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator of the Federal Aviation Administration" for "or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator".

2003—Subsec. (a). Pub. L. 108–176 struck out ", (2), or (3)" after "section 46301(a)(1)(A)–(C)".

Statutory Notes and Related Subsidiaries

Effective Date of 2003 Amendment

Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
49 U.S.C. § 10746 (2024) — Title 49: TRANSPORTATION / Chapter 107 / Subchapter III / Section 10746: Demurrage charges
Demurrage charges
Status: in_force

A rail carrier providing transportation subject to the jurisdiction of the Board under this part shall compute demurrage charges, and establish rules related to those charges, in a way that fulfills the national needs related to—

(1) freight car use and distribution; and

(2) maintenance of an adequate supply of freight cars to be available for transportation of property.

(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 821.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 10750 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).

A prior section 10746, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1393, related to transportation of commodities manufactured or produced by rail carrier, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).

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. § 60126 (2024) — Title 49: TRANSPORTATION / Chapter 601 / Section 60126: Risk management
Risk management
Status: in_force

(a) Risk Management Program Demonstration Projects.—

(1) In general.—The Secretary shall establish risk management demonstration projects—

(A) to demonstrate, through the voluntary participation by owners and operators of gas pipeline facilities and hazardous liquid pipeline facilities, the application of risk management; and

(B) to evaluate the safety and cost-effectiveness of the program.

(2) Exemptions.—In carrying out a demonstration project under this subsection, the Secretary, by order—

(A) may exempt an owner or operator of the pipeline facility covered under the project (referred to in this subsection as a "covered pipeline facility"), from the applicability of all or a portion of the requirements under this chapter that would otherwise apply to the covered pipeline facility; and

(B) shall exempt, for the period of the project, an owner or operator of the covered pipeline facility, from the applicability of any new standard that the Secretary promulgates under this chapter during the period of that participation, with respect to the covered facility.

(b) Requirements.—In carrying out a demonstration project under this section, the Secretary shall—

(1) invite owners and operators of pipeline facilities to submit risk management plans for timely approval by the Secretary;

(2) require, as a condition of approval, that a risk management plan submitted under this subsection contain measures that are designed to achieve an equivalent or greater overall level of safety than would otherwise be achieved through compliance with the standards contained in this chapter or promulgated by the Secretary under this chapter;

(3) provide for—

(A) collaborative government and industry training;

(B) methods to measure the safety performance of risk management plans;

(C) the development and application of new technologies;

(D) the promotion of community awareness concerning how the overall level of safety will be maintained or enhanced by the demonstration project;

(E) the development of models that categorize the risks inherent to each covered pipeline facility, taking into consideration the location, volume, pressure, and material transported or stored by that pipeline facility;

(F) the application of risk assessment and risk management methodologies that are suitable to the inherent risks that are determined to exist through the use of models developed under subparagraph (E);

(G) the development of project elements that are necessary to ensure that—

(i) the owners and operators that participate in the demonstration project demonstrate that they are effectively managing the risks referred to in subparagraph (E); and

(ii) the risk management plans carried out under the demonstration project under this subsection can be audited;

(H) a process whereby an owner or operator of a pipeline facility is able to terminate a risk management plan or, with the approval of the Secretary, to amend, modify, or otherwise adjust a risk management plan referred to in paragraph (1) that has been approved by the Secretary pursuant to that paragraph to respond to—

(i) changed circumstances; or

(ii) a determination by the Secretary that the owner or operator is not achieving an overall level of safety that is at least equivalent to the level that would otherwise be achieved through compliance with the standards contained in this chapter or promulgated by the Secretary under this chapter;

(I) such other elements as the Secretary, with the agreement of the owners and operators that participate in the demonstration project under this section, determines to further the purposes of this section; and

(J) an opportunity for public comment in the approval process; and

(4) in selecting participants for the demonstration project, take into consideration the past safety and regulatory performance of each applicant who submits a risk management plan pursuant to paragraph (1).

(c) Emergencies and Revocations.—Nothing in this section diminishes or modifies the Secretary's authority under this title to act in case of an emergency. The Secretary may revoke any exemption granted under this section for substantial noncompliance with the terms and conditions of an approved risk management plan.

(d) Participation by State Authority.—In carrying out this section, the Secretary may provide for consultation by a State that has in effect a certification under section 60105. To the extent that a demonstration project comprises an intrastate natural gas pipeline or an intrastate hazardous liquid pipeline facility, the Secretary may make an agreement with the State agency to carry out the duties of the Secretary for approval and administration of the project.

(e) Report.—Not later than March 31, 2000, the Secretary shall transmit to the Congress a report on the results of the demonstration projects carried out under this section that includes—

(1) an evaluation of each such demonstration project, including an evaluation of the performance of each participant in that project with respect to safety and environmental protection; and

(2) recommendations concerning whether the applications of risk management demonstrated under the demonstration project should be incorporated into the Federal pipeline safety program under this chapter on a permanent basis.

(Added Pub. L. 104–304, §5(a), Oct. 12, 1996, 110 Stat. 3798.)

Statutory Notes and Related Subsidiaries

Deemed References to Chapters 509 and 511 of Title 51

General references to "this title" deemed to refer also to chapters 509 and 511 of Title 51, National and Commercial Space Programs, see section 4(d)(8) of Pub. L. 111–314, set out as a note under section 101 of this title.
49 U.S.C. § 41741 (2024) — Title 49: TRANSPORTATION / Chapter 417 / Subchapter II / Section 41741: Insurance
Insurance
Status: in_force

The Secretary of Transportation may pay an air carrier compensation under this subchapter only when the carrier files with the Secretary an insurance policy or self-insurance plan approved by the Secretary. The policy or plan must be sufficient to pay for bodily injury to, or death of, an individual, or for loss of or damage to property of others, resulting from the operation of aircraft, but not more than the amount of the policy or plan limits.

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

Historical and Revision Notes

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

41741
49 App.:1389(h).
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §419(h); added Oct. 24, 1978, Pub. L. 95–504, §33(a), 92 Stat. 1732; Dec. 8, 1983, Pub. L. 98–213, §10, 97 Stat. 1461; Oct. 4, 1984, Pub. L. 98–443, §9(r), 98 Stat. 1708; restated Dec. 30, 1987, Pub. L. 100–223, §202(a)(1), (2), (b)(1), 101 Stat. 1507, 1516.

The words "The Secretary of Transportation may pay . . . only when" are substituted for "An air carrier shall not receive . . . unless" for clarity. The words "approved by the Secretary" are substituted for "complies with regulations or orders issued by the Secretary governing the filing and approval" to eliminate unnecessary words. The words "The policy or plan must be sufficient to pay . . . but not more than the amount of the policy or plan limits" are substituted for "in the amount prescribed by the Secretary which are conditioned to pay, within the amount of such insurance, amounts" because of the restatement. The words "for which such air carrier may become liable" are omitted as unnecessary. The word "individual" is substituted for "person" because it is more precise. The word "operation" is substituted for "operation or maintenance" because it is inclusive.
49 U.S.C. § 80116 (2024) — Title 49: TRANSPORTATION / Chapter 801 / Section 80116: Criminal penalty
Criminal penalty
Status: in_force

A person shall be fined under title 18, imprisoned for not more than 5 years, or both, if the person—

(1) violates this chapter with intent to defraud; or

(2) knowingly or with intent to defraud—

(A) falsely makes, alters, or copies a bill of lading subject to this chapter;

(B) utters, publishes, or issues a falsely made, altered, or copied bill subject to this chapter; or

(C) negotiates or transfers for value a bill containing a false statement.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1353.)

Historical and Revision Notes

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

80116
49 App.:121.
Aug. 29, 1916, ch. 415, §41, 39 Stat. 544.

In this section, before clause (1), the words "fined under title 18" are substituted for "a fine not exceeding $5,000", and the words "shall be guilty of a misdemeanor" are omitted, for consistency with title 18. The words "upon conviction . . . punished for each offense" are omitted as unnecessary because of the restatement. Clause (1) is substituted for "or who, with intent to defraud, violates, or fails to comply with, or aids in any violation of, or failure to comply with any provision of this chapter" for clarity and because of 18:2. In clause (2)(A), the words "forges, counterfeits" are omitted as being included in "makes". The word "copies" is substituted for "prints or photographs" for clarity. The words "bill of lading subject to this chapter" are substituted for "bill of lading purporting to represent goods received for shipment among the several States or with foreign nations" for clarity and for consistency with section 80102 of the revised title. Clause (2)(B) is substituted for "utters or publishes as true and genuine any such falsely altered, forged, counterfeited, falsely printed or photographed bill of lading . . . or issues" to eliminate unnecessary words and for consistency in this section. The words "knowing it to be falsely altered, forged, counterfeited, falsely printed or photographed" are omitted as unnecessary because of the restatement of the intent required to commit the crime. The words "or aids in making, altering, forging, counterfeiting, printing or photographing, or uttering or publishing the same . . . or aids in issuing or procuring the issue of" are omitted as surplus because of 18:2. The words "as to the receipt of the goods, or as to any other matter" are omitted as unnecessary.
49 U.S.C. § 13541 (2024) — Title 49: TRANSPORTATION / Chapter 135 / Subchapter IV / Section 13541: Authority to exempt transportation or services
Authority to exempt transportation or services
Status: in_force

(a) In General.—In any matter subject to jurisdiction under this part, the Secretary or the Board, as applicable, shall exempt a person, class of persons, or a transaction or service from the application, in whole or in part, of a provision of this part, or use this exemption authority to modify the application of a provision of this part as it applies to such person, class, transaction, or service, when the Secretary or Board finds that the application of that provision—

(1) is not necessary to carry out the transportation policy of section 13101;

(2) is not needed to protect shippers from the abuse of market power or that the transaction or service is of limited scope; and

(3) is in the public interest.

(b) Initiation of Proceeding.—The Secretary or Board, as applicable, may, where appropriate, begin a proceeding under this section on the Secretary's or Board's own initiative or on application by an interested party.

(c) Period of Exemption.—The Secretary or Board, as applicable, may specify the period of time during which an exemption granted under this section is effective.

(d) Revocation.—The Secretary or Board, as applicable, may revoke an exemption, to the extent specified, on finding that application of a provision of this part to the person, class, or transportation is necessary to carry out the transportation policy of section 13101.

(e) Limitations.—

(1) In general.—The exemption authority under this section may not be used to relieve a person from the application of, and compliance with, any law, rule, regulation, standard, or order pertaining to cargo loss and damage, insurance, safety fitness, or activities approved under section 13703 or 14302 or not terminated under section 13907(d)(2).

(2) Water carriers.—The Secretary or Board, as applicable, may not exempt a water carrier from the application of, or compliance with, section 13701 or 13702 for transportation in the non-contiguous domestic trade.

(f) Continuation of Certain Existing Exemptions for Water Carriers.—The Secretary or Board, as applicable, shall not regulate or exercise jurisdiction under this part over the transportation by water carrier in the non-contiguous domestic trade of any cargo or type of cargo or service which was not subject to regulation by, or under the jurisdiction of, either the Federal Maritime Commission or Interstate Commerce Commission under Federal law in effect on November 1, 1995.

(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 866.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 10505 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).

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.

Abolition of Interstate Commerce Commission

Interstate Commerce Commission abolished by section 101 of Pub. L. 104–88, set out as a note under section 1301 of this title.
49 U.S.C. § 32305 (2024) — Title 49: TRANSPORTATION / Chapter 323 / Section 32305: Information and assistance from other departments, agencies, and instrumentalities
Information and assistance from other departments, agencies, and instrumentalities
Status: in_force

(a) Authority To Request.—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. 1040.)

Historical and Revision Notes

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

32305
15:1943.
Oct. 20, 1972, Pub. L. 92–513, §203, 86 Stat. 957.

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

In subsection (a), the words "he deems" and "his functions under" are omitted as surplus. The words "head of the" are added for consistency in the revised title and with other titles of the United States Code. The words "cooperate with the Secretary and" and "to the Department of Transportation upon request made by the Secretary" are omitted as surplus.
49 U.S.C. § 28501 (2024) — Title 49: TRANSPORTATION / Chapter 285 / Section 28501: Definitions
Definitions
Status: in_force

In this chapter—

(1) the term "Board" means the Surface Transportation Board;

(2) the term "capital work" means maintenance, restoration, reconstruction, capacity enhancement, or rehabilitation work on trackage that would be treated, in accordance with generally accepted accounting principles, as a capital item rather than an expense;

(3) the term "commuter rail passenger transportation" has the meaning given that term in section 24102;

(4) the term "public transportation authority" means a local governmental authority (as defined in section 5302) established to provide, or make a contract providing for, commuter rail passenger transportation;

(5) the term "rail carrier" means a person, other than a governmental authority, providing common carrier railroad transportation for compensation subject to the jurisdiction of the Board under chapter 105;

(6) the term "segregated fixed guideway facility" means a fixed guideway facility constructed within the railroad right-of-way of a rail carrier but physically separate from trackage, including relocated trackage, within the right-of-way used by a rail carrier for freight transportation purposes; and

(7) the term "trackage" means a railroad line of a rail carrier, including a spur, industrial, team, switching, side, yard, or station track, and a facility of a rail carrier.

(Added Pub. L. 110–432, div. B, title IV, §401(a), Oct. 16, 2008, 122 Stat. 4955; amended Pub. L. 117–58, div. C, §30001(b)(4), Nov. 15, 2021, 135 Stat. 890.)

Editorial Notes

Amendments

2021—Par. (4). Pub. L. 117–58 substituted "section 5302" for "section 5302(a)(6)".
49 U.S.C. § 33111 (2024) — Title 49: TRANSPORTATION / Chapter 331 / Section 33111: Verifications involving motor vehicle major parts
Verifications involving motor vehicle major parts
Status: in_force

(a) General Requirements.—A person engaged in the business of salvaging, dismantling, recycling, or repairing passenger motor vehicles may not knowingly sell in commerce or transfer or install a major part marked with an identification number without—

(1) first establishing, through a procedure the Attorney General by regulation prescribes in consultation with the Secretary of Transportation under section 33109 of this title, that the major part has not been reported as stolen; and

(2) providing the purchaser or transferee with a verification—

(A) identifying the vehicle identification number (or derivative of that number) of that major part; and

(B) verifying that the major part has not been reported as stolen.

(b) Nonapplication.—(1) Subsection (a) of this section does not apply to a person that—

(A) is the manufacturer of the major part;

(B) has purchased the major part directly from the manufacturer; or

(C) has received a verification from an insurance carrier under section 33110 of this title that the motor vehicle from which the major part is derived has not been reported as stolen, or that the carrier has not established whether that vehicle has been stolen.

(2) A person described under paragraph (1)(C) of this subsection that subsequently transfers or sells in commerce the motor vehicle or a major part of the vehicle shall provide the verification received from the carrier to the person to whom the vehicle or part is transferred or sold.

(c) Regulations.—The Attorney General shall prescribe regulations to carry out this section. The regulations shall include regulations prescribed in consultation with the Secretary that are necessary to ensure that a verification a person provides under subsection (a)(2) of this section is uniform, effective, and resistant to fraudulent use.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1086.)

Historical and Revision Notes

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

33111(a)
15:2026b(a).
Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §608; added Oct. 25, 1992, Pub. L. 102–519, §306(c), 106 Stat. 3397.

33111(b)
15:2026b(c) (1st, 2d sentences).

33111(c)
15:2026b(b), (c) (last sentence).

In subsection (a), before clause (1), the word "distribute" is omitted as being included in "sell". In clause (1), the word "establishing" is substituted for "determining" for clarity and consistency in the revised title.

Subsection (b)(2) is substituted for 15:2026b(c) (2d sentence) for clarity.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 103–272, §4(v), July 5, 1994, 108 Stat. 1373, provided that: "Section 33111 of title 49, United States Code, as enacted by section 1 of this Act, is effective on the date on which the National Stolen Passenger Motor Vehicle Information System is established under section 33109 of title 49."
49 U.S.C. § 1137 (2024) — Title 49: TRANSPORTATION / Chapter 11 / Subchapter III / Section 1137: Authority of the Inspector General
Authority of the Inspector General
Status: in_force

(a) In General.—The Inspector General of the Department of Transportation, in accordance with the mission of the Inspector General to prevent and detect fraud and abuse, shall have authority to review only the financial management, property management, and business operations of the National Transportation Safety Board, including internal accounting and administrative control systems, to determine compliance with applicable Federal laws, rules, and regulations.

(b) Duties.—In carrying out this section, the Inspector General shall—

(1) keep the Chairman of the Board and Congress fully and currently informed about problems relating to administration of the internal accounting and administrative control systems of the Board;

(2) issue findings and recommendations for actions to address such problems; and

(3) report periodically to Congress on any progress made in implementing actions to address such problems.

(c) Access to Information.—In carrying out this section, the Inspector General may exercise authorities granted to the Inspector General under subsections (a) and (c) of section 406 of title 5.

(d) Authorizations of Appropriations.—

(1) Funding.—There are authorized to be appropriated to the Secretary of Transportation for use by the Inspector General of the Department of Transportation such sums as may be necessary to cover expenses associated with activities pursuant to the authority exercised under this section.

(2) Reimbursable agreement.—In the absence of an appropriation under this subsection for an expense referred to in paragraph (1), the Inspector General and the Board shall have a reimbursable agreement to cover such expense.

(Added Pub. L. 106–424, §12(a), Nov. 1, 2000, 114 Stat. 1887; amended Pub. L. 109–443, §4, Dec. 21, 2006, 120 Stat. 3299; Pub. L. 117–286, §4(b)(96), Dec. 27, 2022, 136 Stat. 4353.)

Editorial Notes

Amendments

2022—Subsec. (c). Pub. L. 117–286 substituted "subsections (a) and (c) of section 406 of title 5." for "subsections (a) and (b) of section 6 of the Inspector General Act of 1978 (5 U.S.C. App.)."

2006—Subsec. (d). Pub. L. 109–443 amended heading and text of subsec. (d) generally. Prior to amendment, text read as follows: "The Inspector General shall be reimbursed by the Board for the costs associated with carrying out activities under this section."
49 U.S.C. § 41309 (2024) — Title 49: TRANSPORTATION / Chapter 413 / Section 41309: Cooperative agreements and requests
Cooperative agreements and requests
Status: in_force

(a) Filing.—An air carrier or foreign air carrier may file with the Secretary of Transportation a true copy of or, if oral, a true and complete memorandum of, an agreement (except an agreement related to interstate air transportation), or a request for authority to discuss cooperative arrangements (except arrangements related to interstate air transportation), and any modification or cancellation of an agreement, between the air carrier or foreign air carrier and another air carrier, a foreign carrier, or another carrier.

(b) Approval.—The Secretary of Transportation shall approve an agreement, request, modification, or cancellation referred to in subsection (a) of this section when the Secretary finds it is not adverse to the public interest and is not in violation of this part. However, the Secretary shall disapprove—

(1) or, after periodic review, end approval of, an agreement, request, modification, or cancellation, that substantially reduces or eliminates competition unless the Secretary finds that—

(A) the agreement, request, modification, or cancellation is necessary to meet a serious transportation need or to achieve important public benefits (including international comity and foreign policy considerations); and

(B) the transportation need cannot be met or those benefits cannot be achieved by reasonably available alternatives that are materially less anticompetitive; or

(2) an agreement that—

(A) is between an air carrier not directly operating aircraft in foreign air transportation and a carrier subject to subtitle IV of this title; and

(B) governs the compensation the carrier may receive for the transportation.

(c) Notice and Opportunity To Respond or for Hearing.—(1) When an agreement, request, modification, or cancellation is filed, the Secretary of Transportation shall give the Attorney General and the Secretary of State written notice of, and an opportunity to submit written comments about, the filing. On the initiative of the Secretary of Transportation or on request of the Attorney General or Secretary of State, the Secretary of Transportation may conduct a hearing to decide whether an agreement, request, modification, or cancellation is consistent with this part whether or not it was approved previously.

(2) In a proceeding before the Secretary of Transportation applying standards under subsection (b)(1) of this section, a party opposing an agreement, request, modification, or cancellation has the burden of proving that it substantially reduces or eliminates competition and that less anticompetitive alternatives are available. The party defending the agreement, request, modification, or cancellation has the burden of proving the transportation need or public benefits.

(3) The Secretary of Transportation shall include the findings required by subsection (b)(1) of this section in an order of the Secretary approving or disapproving an agreement, request, modification, or cancellation.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1129; Pub. L. 104–88, title III, §308(l), Dec. 29, 1995, 109 Stat. 948; Pub. L. 104–287, §5(71), Oct. 11, 1996, 110 Stat. 3396.)

Historical and Revision Notes
Pub. L. 103–272

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

41309(a)
49 App.:1382(a)(1).
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §412(a), (b); added Oct. 24, 1978, Pub. L. 95–504, §28(c), 92 Stat. 1729; Feb. 15, 1980, Pub. L. 96–192, §11, 94 Stat. 39.

  
49 App.:1551(a)(6) (related to 49 App.:1382).
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(a)(6) (related to §412); added Oct. 4, 1984, Pub. L. 98–443, §3(c), 98 Stat. 1704.

  
49 App.:1551(b)(1)(C) (related to 49 App.:1382(a)).
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(C) (related to §412(a), (b)); added Oct. 24, 1978, Pub. L. 95–504, §40(a), 92 Stat. 1745; Oct. 14, 1982, Pub. L. 97–309, §4(b), 96 Stat. 1454; Oct. 4, 1984, Pub. L. 98–443, §3(a), 98 Stat. 1703.

41309(b)
49 App.:1382(a)(2)(A).

  
49 App.:1551(a)(6), (b)(1)(C) (as 1551(a)(6), (b)(1)(C) relates to 49 App.:1382(a)).

41309(c)(1)
49 App.:1382(b).

  
49 App.:1551(a)(6), (b)(1)(C) (as 1551(a)(6), (b)(1)(C) relates to 49 App.:1382(b)).

41309(c)(2)
49 App.:1382(a)(2)(B).

41309(c)(3)
49 App.:1382(a)(2)(C).

  
49 App.:1551(a)(6), (b)(1)(C) (as 1551(a)(6), (b)(1)(C) relates to 49 App.:1382(a)).

In this section, the word "contract" is omitted as being included in "agreement".

In subsection (a), the words "(whether enforceable by provisions for liquidated damages, penalties, bonds, or otherwise)" are omitted as surplus. The words "(except an agreement related to interstate air transportation)" and "(except arrangements related to interstate air transportation)" are added because of 49 App.:1551(a)(6) (related to 49 App.:1382). The word "working" is omitted as surplus. The words "in force on October 24, 1978, or thereafter entered into" are omitted as executed. The words "and any modification or cancellation of an agreement" are substituted for "or any modification or cancellation thereof" for clarity and consistency.

In subsection (b), before clause (1), the words "The Board shall by order disapprove any contract, agreement, or request . . . that it finds to be adverse to the public interest or in violation of this chapter" are omitted as surplus because of the language restated in this subsection that sets out the requirements for approval by the Secretary of Transportation before the antitrust exemption is effective. The words "whether or not previously approved by it" are omitted as surplus because of the language in clause (1) requiring periodic review and continuing approval. The words "by order" are omitted as unnecessary because of 5:ch. 5, subch. II. The text of 49 App.:1382(a)(2)(A)(iii) is omitted as obsolete because of 49 App.:1551(a)(6) (related to 49 App.:1382).

In subsection (c)(1), the words "in accordance with regulations which it prescribes" are omitted as surplus. The words "in accordance with regulations prescribed by the Board" are omitted as surplus.

Pub. L. 104–287

This amends 49:41309(b)(2)(B) for consistency in the subsection.

Editorial Notes

Amendments

1996—Subsec. (b)(2)(B). Pub. L. 104–287 substituted "carrier" for "common carrier".

1995—Subsec. (b)(2)(A). Pub. L. 104–88 substituted "a carrier" for "a common carrier".

Statutory Notes and Related Subsidiaries

Effective Date of 1995 Amendment

Amendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 1301 of this title.

Air Transportation Arrangements in Certain States

Pub. L. 107–71, title I, §116, Nov. 19, 2001, 115 Stat. 624, which related to air transportation arrangements for flights that both originate and terminate at points within the same State, was repealed by Pub. L. 107–273, div. C, title IV, §14102(g), Nov. 2, 2002, 116 Stat. 1922.
49 U.S.C. § 44942 (2024) — Title 49: TRANSPORTATION / Chapter 449 / Subchapter II / Section 44942: Performance goals and objectives
Performance goals and objectives
Status: in_force

(a) Short Term Transition.—

(1) In general.—The Administrator of the Transportation Security Administration may, in consultation with other relevant Federal agencies and Congress—

(A) establish acceptable levels of performance for aviation security, including screening operations and access control; and

(B) provide Congress with an action plan, containing measurable goals and milestones, that outlines how those levels of performance will be achieved.

(2) Basics of action plan.—The action plan shall clarify the responsibilities of the Transportation Security Administration, the Federal Aviation Administration, and any other agency or organization that may have a role in ensuring the safety and security of the civil air transportation system.

(b) Long-Term Results-Based Management.—

(1) Performance plan.—

(A) Each year, consistent with the requirements of the Government Performance and Results Act of 1993 (GPRA), the Secretary of Homeland Security and the Administrator of the Transportation Security Administration shall agree on a performance plan for the succeeding 5 years that establishes measurable goals and objectives for aviation security. The plan shall identify action steps necessary to achieve such goals.

(B) In addition to meeting the requirements of GPRA, the performance plan should clarify the responsibilities of the Secretary of Homeland Security, the Administrator of the Transportation Security Administration, and any other agency or organization that may have a role in ensuring the safety and security of the civil air transportation system.

(2) Performance report.—Each year, consistent with the requirements of GPRA, the Administrator of the Transportation Security Administration shall prepare and submit to Congress an annual report including an evaluation of the extent goals and objectives were met. The report shall include the results achieved during the year relative to the goals established in the performance plan.

(Added Pub. L. 107–71, title I, §130, Nov. 19, 2001, 115 Stat. 633; amended Pub. L. 115–254, div. K, title I, §1991(d)(33), Oct. 5, 2018, 132 Stat. 3640.)

Editorial Notes

References in Text

The Government Performance and Results Act of 1993, referred to in subsec. (b), is Pub. L. 103–62, Aug. 3, 1993, 107 Stat. 285, which enacted section 306 of Title 5, Government Organization and Employees, sections 1115 to 1119, 9703, and 9704 of Title 31, Money and Finance, and sections 2801 to 2805 of Title 39, Postal Service, amended section 1105 of Title 31, and enacted provisions set out as notes under sections 1101 and 1115 of Title 31. For complete classification of this Act to the Code, see Short Title of 1993 Amendment note set out under section 1101 of Title 31 and Tables.

Amendments

2018—Subsec. (a)(1). Pub. L. 115–254, §1991(d)(33)(A)(i)(I), in introductory provisions, substituted "The Administrator of the Transportation Security Administration may, in consultation with other relevant Federal agencies and" for "Within 180 days after the date of enactment of the Aviation and Transportation Security Act, the Under Secretary for Transportation Security may, in consultation with".

Subsec. (a)(1)(A). Pub. L. 115–254, §1991(d)(33)(A)(i)(II), substituted "; and" for ", and".

Subsec. (a)(2). Pub. L. 115–254, §1991(d)(33)(A)(ii), inserted comma after "Federal Aviation Administration".

Subsec. (b). Pub. L. 115–254, §1991(d)(33)(B)(i), (ii), struck out par. (1) designation and heading "Performance plan and report" and redesignated subpars. (A) and (B) of former par. (1) as pars. (1) and (2), respectively.

Subsec. (b)(1). Pub. L. 115–254, §1991(d)(33)(B)(iii)(I), redesignated cls. (i) and (ii) of former par. (1)(A) as subpars. (A) and (B), respectively, of par. (1).

Subsec. (b)(1)(A). Pub. L. 115–254, §1991(d)(33)(B)(iii)(II), substituted "the Secretary of Homeland Security and the Administrator of the Transportation Security Administration shall agree" for "the Secretary and the Under Secretary for Transportation Security shall agree".

Subsec. (b)(1)(B). Pub. L. 115–254, §1991(d)(33)(B)(iii)(III), substituted "the Secretary of Homeland Security, the Administrator of the Transportation Security Administration," for "the Secretary, the Under Secretary for Transportation Security".

Subsec. (b)(2). Pub. L. 115–254, §1991(d)(33)(B)(iv), substituted "Administrator of the Transportation Security Administration" for "Under Secretary for Transportation Security".
49 U.S.C. § 41716 (2024) — Title 49: TRANSPORTATION / Chapter 417 / Subchapter I / Section 41716: Interim slot rules at New York airports
Interim slot rules at New York airports
Status: in_force

(a) Exemptions for Air Service to Small and Nonhub Airports.—Subject to section 41714(i), the Secretary of Transportation shall grant, by order, exemptions from the requirements under subparts K and S of part 93 of title 14, Code of Federal Regulations (pertaining to slots at high density airports) to any air carrier to provide nonstop air transportation, using an aircraft with a certificated maximum seating capacity of less than 71, between LaGuardia Airport or John F. Kennedy International Airport and a small hub airport or nonhub airport—

(1) if the air carrier was not providing such air transportation during the week of November 1, 1999;

(2) if the number of flights to be provided between such airports by the air carrier during any week will exceed the number of flights provided by the air carrier between such airports during the week of November 1, 1999; or

(3) if the air transportation to be provided under the exemption will be provided with a regional jet as replacement of turboprop air transportation that was being provided during the week of November 1, 1999.

(b) Exemptions for New Entrant and Limited Incumbent Air Carriers.—Subject to section 41714(i), the Secretary shall grant, by order, exemptions from the requirements under subparts K and S of part 93 of title 14, Code of Federal Regulations (pertaining to slots at high density airports), to any new entrant air carrier or limited incumbent air carrier to provide air transportation to or from LaGuardia Airport or John F. Kennedy International Airport if the number of slot exemptions granted under this subsection to such air carrier with respect to such airport when added to the slots and slot exemptions held by such air carrier with respect to such airport does not exceed 20; except that the Secretary may grant not to exceed 4 additional slot exemptions at LaGuardia Airport to an incumbent air carrier operating at least 20 but not more than 28 slots at such airport as of October 1, 2004, to provide air transportation between LaGuardia Airport and a small hub airport or nonhub airport.

(c) Stage 3 Aircraft Required.—An exemption may not be granted under this section with respect to any aircraft that is not a Stage 3 aircraft (as defined by the Secretary).

(d) Preservation of Certain Existing Slot-Related Air Service.—An air carrier that provides air transportation of passengers from LaGuardia Airport or John F. Kennedy International Airport to a small hub airport or nonhub airport, or to an airport that is smaller than a nonhub airport, on or before the date of the enactment of this subsection pursuant to an exemption from the requirements of subparts K and S of part 93 of title 14, Code of Federal Regulations (pertaining to slots at high density airports), or where slots were issued to an air carrier conditioned on a specific airport being served, may not terminate air transportation for that route before July 1, 2003, unless—

(1) before October 1, 1999, the Secretary received a written air service termination notice for that route; or

(2) after September 30, 1999, the air carrier submits an air service termination notice under section 41719 for that route and the Secretary determines that the carrier suffered excessive losses, including substantial losses on operations on that route during any three quarters of the year immediately preceding the date of submission of the notice.

(Added Pub. L. 106–181, title II, §231(c), Apr. 5, 2000, 114 Stat. 109; amended Pub. L. 108–447, div. H, title I, §199, Dec. 8, 2004, 118 Stat. 3235.)

Editorial Notes

References in Text

The date of the enactment of this subsection, referred to in subsec. (d), is the date of enactment of Pub. L. 106–181, which was approved Apr. 5, 2000.

Prior Provisions

A prior section 41716 was renumbered section 41720 of this title.

Amendments

2004—Subsec. (b). Pub. L. 108–447 inserted before period at end "; except that the Secretary may grant not to exceed 4 additional slot exemptions at LaGuardia Airport to an incumbent air carrier operating at least 20 but not more than 28 slots at such airport as of October 1, 2004, to provide air transportation between LaGuardia Airport and a small hub airport or nonhub airport".

Statutory Notes and Related Subsidiaries

Effective Date

Section applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as an Effective Date of 2000 Amendments note under section 106 of this title.
49 U.S.C. § 44114 (2024) — Title 49: TRANSPORTATION / Chapter 441 / Section 44114: Privacy
Privacy
Status: in_force

(a) In General.—Notwithstanding any other provision of law, including section 552(b)(3) of title 5, the Administrator of the Federal Aviation Administration shall establish and update as necessary a process by which, upon request of a private aircraft owner or operator, the Administrator withholds the registration number and other similar identifiable data or information, except for physical markings required by law, of the aircraft of the owner or operator from any broad dissemination or display (except in furnished data or information made available to or from a Government agency pursuant to a government contract, subcontract, or agreement, including for traffic management purposes) for the noncommercial flights of the owner or operator.

(b) Withholding Personally Identifiable Information on the Aircraft Registry.—Not later than 2 years after the enactment of this Act and notwithstanding any other provision of law, including section 552(b)(3) of title 5, the Administrator shall establish a procedure by which, upon request of a private aircraft owner or operator, the Administrator shall withhold from broad dissemination or display by the FAA (except in furnished data or information made available to or from a Government agency pursuant to a government contract, subcontract, or agreement, including for traffic management purposes) the personally identifiable information of such individual, including on a publicly available website of the FAA.

(c) ICAO Aircraft Identification Code.—

(1) In general.—The Administrator shall establish a program for aircraft owners and operators to apply for a new ICAO aircraft identification code.

(2) Limitations.—In carrying out the program described in paragraph (1), the Administrator shall require—

(A) each applicant to attest to a safety or security need in applying for a new ICAO aircraft identification code; and

(B) each approved applicant who obtains a new ICAO aircraft identification code to comply with all applicable aspects of, or related to, part 45 of title 14, Code of Federal Regulations, including updating an aircraft's registration number and N–Number to reflect such aircraft's new ICAO aircraft identification code.

(d) Definitions.—In this section:

(1) ADS–B.—The term "ADS–B" means automatic dependent surveillance-broadcast.

(2) ICAO.—The term "ICAO" means the International Civil Aviation Organization.

(3) Personally identifiable information.—The term "personally identifiable information" means—

(A) the mailing address or registration address of an individual;

(B) an electronic address (including an email address) of an individual; or 1

(C) the telephone number of an individual.1

(D) the names of the aircraft owner or operator, if the owner or operator is an individual.

(Added Pub. L. 118–63, title VIII, §803(a), May 16, 2024, 138 Stat. 1321.)

Editorial Notes

References in Text

The enactment of this Act, referred to in subsec. (b), probably means the enactment of Pub. L. 118–63, which enacted this section and was approved May 16, 2024.

Prior Provisions

Provisions similar to those in subsec. (a) of this section were contained in Pub. L. 115–254, div. B, title V, §566, Oct. 5, 2018, 132 Stat. 3385, which was set out as a note under section 44103 of this title prior to repeal by Pub. L. 118–63, title VIII, §803(c), May 16, 2024, 138 Stat. 1322.

1 So in original.
49 U.S.C. § 44104 (2024) — Title 49: TRANSPORTATION / Chapter 441 / Section 44104: Registration of aircraft components and dealers' certificates of registration
Registration of aircraft components and dealers' certificates of registration
Status: in_force

The Administrator of the Federal Aviation Administration may prescribe regulations—

(1) in the interest of safety for registering and identifying an aircraft engine, propeller, or appliance; and

(2) in the public interest for issuing, suspending, and revoking a dealer's certificate of registration under this chapter and for its use by a person manufacturing, distributing, or selling aircraft.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1162.)

Historical and Revision Notes

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

44104(1)
49 App.:1402.
Aug. 23, 1958, Pub. L. 85–726, §§502, 505 (1st sentence), 72 Stat. 772, 774.

  
49 App.:1655(c)(1).
Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444.

44104(2)
49 App.:1405 (1st sentence).

  
49 App.:1655(c)(1).

In this section, before clause (1), the words "prescribe regulations" are substituted for "establish reasonable rules and regulations" in 49 App.:1402 and "by such reasonable regulations" in 49 App.:1405 (1st sentence) because of 49:322(a). In clause (1), the words "and no aircraft engine, propeller, or appliance shall be used in violation of any such rule or regulation" are omitted as surplus because of section 46301 of the revised title. In clause (2), the words "in connection with" are omitted as surplus.
49 U.S.C. § 13501 (2024) — Title 49: TRANSPORTATION / Chapter 135 / Subchapter I / Section 13501: General jurisdiction
General jurisdiction
Status: in_force

The Secretary and the Board have jurisdiction, as specified in this part, over transportation by motor carrier and the procurement of that transportation, to the extent that passengers, property, or both, are transported by motor carrier—

(1) between a place in—

(A) a State and a place in another State;

(B) a State and another place in the same State through another State;

(C) the United States and a place in a territory or possession of the United States to the extent the transportation is in the United States;

(D) the United States and another place in the United States through a foreign country to the extent the transportation is in the United States; or

(E) the United States and a place in a foreign country to the extent the transportation is in the United States; and

(2) in a reservation under the exclusive jurisdiction of the United States or on a public highway.

(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 859.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 10521 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).

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. § 1117 (2024) — Title 49: TRANSPORTATION / Chapter 11 / Subchapter II / Section 1117: Methodology
Methodology
Status: in_force

(a) In General.—Not later than 2 years after the date of enactment of the National Transportation Safety Board Reauthorization Act, the Chairman shall include with each investigative report in which a recommendation is issued by the Board a methodology section detailing the process and information underlying the selection of each recommendation.

(b) Elements.—Except as provided in subsection (c), the methodology section under subsection (a) shall include, for each recommendation—

(1) a brief summary of the Board's collection and analysis of the specific accident investigation information most relevant to the recommendation;

(2) a description of the Board's use of external information, including studies, reports, and experts, other than the findings of a specific accident investigation, if any were used to inform or support the recommendation, including a brief summary of the specific safety benefits and other effects identified by each study, report, or expert; and

(3) a brief summary of any examples of actions taken by regulated entities before the publication of the safety recommendation, to the extent such actions are known to the Board, that were consistent with the recommendation.

(c) Acceptable Limitation.—If the Board knows of more than 3 examples taken by regulated entities before the publication of the safety recommendation that were consistent with the recommendation, the brief summary under subsection (b)(3) may be limited to only 3 of those examples.

(d) Exception.—Subsection (a) shall not apply if the recommendation is only for a person to disseminate information on—

(1) an existing agency best practices document; or

(2) an existing regulatory requirement.

(e) Rule of Construction.—Nothing in this section may be construed to require any change to a recommendation made by the Board before the date of enactment of the National Transportation Safety Board Reauthorization Act, unless the recommendation is a repeat recommendation issued on or after the date of enactment of such Act.

(f) Savings Clause.—Nothing in this section may be construed—

(1) to delay publication of the findings, cause, or probable cause of a Board investigation;

(2) to delay the issuance of an urgent recommendation that the Board has determined must be issued to avoid immediate loss, death, or injury; or

(3) to limit the number of examples the Board may consider before issuing a recommendation.

(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 751; Pub. L. 104–66, title II, §2151, Dec. 21, 1995, 109 Stat. 731; Pub. L. 109–443, §2(a)(1), Dec. 21, 2006, 120 Stat. 3297; Pub. L. 115–254, div. C, §1107(b)(1), Oct. 5, 2018, 132 Stat. 3432.)

Historical and Revision Notes

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

1117 
49 App.:1904. 
Jan. 3, 1975, Pub. L. 93–633, §305, 88 Stat. 2171.

In this section, before clause (1), the words "but need not be limited to" are omitted as surplus. In clause (2), the words "in such detail as the Board deems advisable" are omitted as surplus. In clause (3), the words "departments, agencies, and instrumentalities of the United States Government and State and local governmental authorities" are substituted for "other government agencies" for clarity and consistency in the revised title and with other titles of the United States Code. The words "for those activities" are substituted for "in this field" for clarity. In clause (4), the word "evaluation" is substituted for "appraisal and evaluation and review" because it is inclusive.

Editorial Notes

References in Text

The date of enactment of the National Transportation Safety Board Reauthorization Act and the date of enactment of such Act, referred to in subsecs. (a) and (e), are the date of enactment of div. C of Pub. L. 115–254, which was approved Oct. 5, 2018.

Amendments

2018—Pub. L. 115–254 amended section generally. Prior to amendment, section related to annual report.

2006—Pars. (4) to (6). Pub. L. 109–443 added pars. (4) to (6).

1995—Par. (4). Pub. L. 104–66 struck out par. (4) which read as follows: "an evaluation conducted every 2 years of transportation safety and recommendations for legislative and administrative action and change."
49 U.S.C. § 15906 (2024) — Title 49: TRANSPORTATION / Chapter 159 / Section 15906: Liability of pipeline carriers under receipts and bills of lading
Liability of pipeline carriers under receipts and bills of lading
Status: in_force

(a) General Liability.—A pipeline carrier providing transportation or service subject to this part shall issue a receipt or bill of lading for property it receives for transportation under this part. That carrier and any other carrier that delivers the property and is providing transportation or service subject to jurisdiction under this part are liable to the person entitled to recover under the receipt or bill of lading. The liability imposed under this subsection is for the actual loss or injury to the property caused by the carrier over whose line or route the property is transported in the United States or from a place in the United States to a place in an adjacent foreign country when transported under a through bill of lading. Failure to issue a receipt or bill of lading does not affect the liability of a carrier.

(b) Apportionment.—The carrier issuing the receipt or bill of lading under subsection (a) or delivering the property for which the receipt or bill of lading was issued is entitled to recover from the carrier over whose line or route the loss or injury occurred the amount required to be paid to the owners of the property, as evidenced by a receipt, judgment, or transcript, and the amount of its expenses reasonably incurred in defending a civil action brought by that person.

(c) Civil Actions.—A civil action under this section may be brought against a delivering carrier in a district court of the United States or in a State court. Trial, if the action is brought in a district court of the United States is in a judicial district, and if in a State court, is in a State, through which the defendant carrier operates a line or route.

(d) Minimum Period for Filing Claims.—A pipeline carrier may not provide by rule, contract, or otherwise, a period of less than 9 months for filing a claim against it under this section and a period of less than 2 years for bringing a civil action against it under this section. The period for bringing a civil action is computed from the date the carrier gives a person written notice that the carrier has disallowed any part of the claim specified in the notice. For the purposes of this subsection—

(1) an offer of compromise shall not constitute a disallowance of any part of the claim unless the carrier, in writing, informs the claimant that such part of the claim is disallowed and provides reasons for such disallowance; and

(2) communications received from a carrier's insurer shall not constitute a disallowance of any part of the claim unless the insurer, in writing, informs the claimant that such part of the claim is disallowed, provides reasons for such disallowance, and informs the claimant that the insurer is acting on behalf of the carrier.

(Added Pub. L. 104–88, title I, §106(a), Dec. 29, 1995, 109 Stat. 929.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 11707 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).

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. § 11124 (2024) — Title 49: TRANSPORTATION / Chapter 111 / Subchapter II / Section 11124: War emergencies; embargoes imposed by carriers
War emergencies; embargoes imposed by carriers
Status: in_force

(a)(1) When the President, during time of war or threatened war, notifies the Board that it is essential to the defense and security of the United States to give preference or priority to the movement of certain traffic, the Board shall direct that preference or priority be given to that traffic.

(2) When the President, during time of war or threatened war, demands that preference and precedence be given to the transportation of troops and material of war over all other traffic, all rail carriers providing transportation subject to the jurisdiction of the Board under this part shall adopt every means within their control to facilitate and expedite the military traffic.

(b) An embargo imposed by any such rail carrier does not apply to shipments consigned to agents of the United States Government for its use. The rail carrier shall deliver those shipments as promptly as possible.

(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 834.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 11128 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).

Prior sections 11124 to 11128 were omitted in the general amendment of this subtitle by Pub. L. 104–88, §102(a).

Section 11124, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1422, related to rerouting traffic on failure of rail carrier to serve the public.

Section 11125, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1423; Pub. L. 98–216, §2(15), Feb. 14, 1984, 98 Stat. 5; Pub. L. 103–272, §5(m)(28), July 5, 1994, 108 Stat. 1378, related to directed rail transportation.

Section 11126, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1424; Pub. L. 103–272, §5(m)(29), July 5, 1994, 108 Stat. 1378, related to distribution of coal cars.

Section 11127, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1424; Pub. L. 99–521, §9(b)(1), (2), Oct. 22, 1986, 100 Stat. 2997, related to service of household goods freight forwarders.

Section 11128, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1425, related to war emergencies and embargoes imposed by carriers. See section 11124 of this title.

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. § 44725 (2024) — Title 49: TRANSPORTATION / Chapter 447 / Section 44725: Life-limited aircraft parts
Life-limited aircraft parts
Status: in_force

(a) In General.—The Administrator of the Federal Aviation Administration shall conduct a rulemaking proceeding to require the safe disposition of life-limited parts removed from an aircraft. The rulemaking proceeding shall ensure that the disposition deter installation on an aircraft of a life-limited part that has reached or exceeded its life limits.

(b) Safe Disposition.—For the purposes of this section, safe disposition includes any of the following methods:

(1) The part may be segregated under circumstances that preclude its installation on an aircraft.

(2) The part may be permanently marked to indicate its used life status.

(3) The part may be destroyed in any manner calculated to prevent reinstallation in an aircraft.

(4) The part may be marked, if practicable, to include the recordation of hours, cycles, or other airworthiness information. If the parts are marked with cycles or hours of usage, that information must be updated every time the part is removed from service or when the part is retired from service.

(5) Any other method approved by the Administrator.

(c) Deadlines.—In conducting the rulemaking proceeding under subsection (a), the Administrator shall—

(1) not later than 180 days after the date of the enactment of this section, issue a notice of proposed rulemaking; and

(2) not later than 180 days after the close of the comment period on the proposed rule, issue a final rule.

(d) Prior-Removed Life-Limited Parts.—No rule issued under subsection (a) shall require the marking of parts removed from aircraft before the effective date of the rules issued under subsection (a), nor shall any such rule forbid the installation of an otherwise airworthy life-limited part.

(Added Pub. L. 106–181, title V, §504(a), Apr. 5, 2000, 114 Stat. 134.)

Editorial Notes

References in Text

The date of the enactment of this section, referred to in subsec. (c)(1), is the date of enactment of Pub. L. 106–181, which was approved Apr. 5, 2000.

Statutory Notes and Related Subsidiaries

Effective Date

Section applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as an Effective Date of 2000 Amendments note under section 106 of this title.
49 U.S.C. § 13103 (2024) — Title 49: TRANSPORTATION / Chapter 131 / Section 13103: Remedies as cumulative
Remedies as cumulative
Status: in_force

Except as otherwise provided in this part, the remedies provided under this part are in addition to remedies existing under another law or common law.

(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 856.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 10103 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).

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. § 5566 (2024) — Title 49: TRANSPORTATION / Chapter 55 / Subchapter II / Section 5566: Records and audits
Records and audits
Status: in_force

(a) Record Requirements.—Each recipient of financial assistance under this chapter shall keep records required by the Secretary of Transportation. The records shall disclose—

(1) the amount, and disposition by the recipient, of the proceeds of the assistance;

(2) the total cost of the project for which the assistance was given or used;

(3) the amount of that part of the cost of the project supplied by other sources; and

(4) any other records that will make an effective audit easier.

(b) Audits and Inspections.—For 3 years after a project is completed, the Secretary and the Comptroller General may audit and inspect records of a recipient that the Secretary or Comptroller General decides may be related or pertinent to the financial assistance.

(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 853.)

Historical and Revision Notes

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

5566(a) 
49 App.:1653(i)(8) (1st sentence). 
Oct. 15, 1966, Pub. L. 89–670, 80 Stat. 931, §4(i)(8); added Oct. 28, 1974, Pub. L. 93–496, §§6, 15, 88 Stat. 1530, 1533; Feb. 5, 1976, Pub. L. 94–210, §707(3), 90 Stat. 125; May 30, 1980, Pub. L. 96–254, §206(a), 94 Stat. 412.

5566(b) 
49 App.:1653(i)(8) (last sentence).

In this section, the word "undertaking" is omitted as being included in "project".

In subsection (a), before clause (1), the word "fully" is omitted as surplus.

In subsection (b), the words "the expiration of" and "of the United States" are omitted as surplus. The words "or any of their duly authorized representatives" are omitted as unnecessary because of 49:322(b) and 31:711(2). The words "may audit and inspect" are substituted for "shall have access for the purpose of audit and examination" for consistency in the revised title and with other titles of the United States Code. The word "recipient" is substituted for "such receipts" to correct an error in the underlying source provisions.
49 U.S.C. § 22105 (2024) — Title 49: TRANSPORTATION / Chapter 221 / Section 22105: Sharing project costs
Sharing project costs
Status: in_force

(a) General.—(1) The United States Government's share of the costs of financial assistance for a project under this chapter is 50 percent, except that for assistance provided under section 22101(a)(2) of this title, the Government's share is 70 percent. The State may pay its share of the costs in cash or through the following benefits, to the extent that the benefits otherwise would not be provided:

(A) forgiveness of taxes imposed on a rail carrier or its property.

(B) real and tangible personal property (provided by the State or a person for the State) necessary for the safe and efficient operation of rail freight transportation.

(C) track rights secured by the State for a rail carrier.

(D) the cash equivalent of State salaries for State employees working on the State project, except overhead and general administrative costs.

(2) A State may pay more than its required percentage share of the costs of a project under this chapter. When a State, or a person acting for a State, pays more than the State share of the costs of its projects during a fiscal year, the excess amount shall be applied to the State share for the costs of the State projects for later fiscal years.

(b) Agreements To Combine Amounts.—States may agree to combine any part of the amounts made available under this chapter to carry out a project that is eligible for assistance under this chapter when—

(1) the project will benefit each State making the agreement; and

(2) the agreement is not a violation of State law.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 897.)

Historical and Revision Notes

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

22105(a)
49 App.:1654(e).
Oct. 15, 1966, Pub. L. 89–670, 80 Stat. 931, §5(e), (j); added Feb. 5, 1976, Pub. L. 94–210, §803, 90 Stat. 130; Nov. 8, 1978, Pub. L. 95–607, §§102–106(a), 107– 109(a), 92 Stat. 3059, 3062; Oct. 12, 1979, Pub. L. 96–86, §115(b), 93 Stat. 662; Aug. 13, 1981, Pub. L. 97–35, §§1191, 1192, 95 Stat. 699; Jan. 14, 1983, Pub. L. 97–468, §501, 96 Stat. 2551; Apr. 7, 1986, Pub. L. 99–272, §4018, 100 Stat. 111; restated Dec. 11, 1989, Pub. L. 101–213, §2(a), (c), 103 Stat. 1843, 1845, 1847.

22105(b)
49 App.:1654(j).

In this section, the words "project" and "projects" are substituted for "program" for clarity and consistency in this section.

In subsection (a)(1), before clause (A), the words "financial assistance for a project under this chapter" are substituted for "rail freight assistance project" for clarity and consistency in this chapter. In clause (B), the words "for use in its rail freight assistance program" are omitted as unnecessary because of the restatement. In clause (D), the words "State employees" are substituted for "State public employees" to eliminate an unnecessary word.

In subsection (b), before clause (1), the words "States may agree" are substituted for "Two or more States . . . enter into an agreement" to eliminate unnecessary words.
49 U.S.C. § 44734 (2024) — Title 49: TRANSPORTATION / Chapter 447 / Section 44734: Training of flight attendants
Training of flight attendants
Status: in_force

(a) Training Required.—In addition to other training required under this chapter, each air carrier shall provide to flight attendants employed or contracted by such air carrier initial and annual training regarding—

(1) serving alcohol to passengers;

(2) recognizing intoxicated passengers;

(3) dealing with disruptive passengers; and

(4) recognizing and responding to potential human trafficking victims.

(b) Situational Training.—In carrying out the training required under subsection (a), each air carrier shall provide to flight attendants situational training on the proper method for dealing with intoxicated passengers who act in a belligerent manner.

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

(1) Air carrier.—The term "air carrier" means a person, including a commercial enterprise, that has been issued an air carrier operating certificate under section 44705.

(2) Flight attendant.—The term "flight attendant" has the meaning given that term in section 44728(g).

(Added Pub. L. 112–95, title III, §309(a), Feb. 14, 2012, 126 Stat. 64; amended Pub. L. 114–190, title II, §2113, July 15, 2016, 130 Stat. 628.)

Editorial Notes

Amendments

2016—Subsec. (a)(4). Pub. L. 114–190 added par. (4).
49 U.S.C. § 14907 (2024) — Title 49: TRANSPORTATION / Chapter 149 / Section 14907: Recordkeeping and reporting violations
Recordkeeping and reporting violations
Status: in_force

A person required to make a report to the Secretary or the Board, as applicable, answer a question, or make, prepare, or preserve a record under this part about transportation subject to jurisdiction under subchapter I or III of chapter 135, or an officer, agent, or employee of that person, that—

(1) does not make that report;

(2) does not specifically, completely, and truthfully answer that question in 30 days from the date the Secretary or Board, as applicable, requires the question to be answered;

(3) does not make, prepare, or preserve that record in the form and manner prescribed;

(4) falsifies, destroys, mutilates, or changes that report or record;

(5) files a false report or record;

(6) makes a false or incomplete entry in that record about a business related fact or transaction; or

(7) makes, prepares, or preserves a record in violation of an applicable regulation or order of the Secretary or Board;

is liable to the United States for a civil penalty of not more than $5,000.

(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 916.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 11909 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).

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. § 30147 (2024) — Title 49: TRANSPORTATION / Chapter 301 / Subchapter III / Section 30147: Responsibility for defects and noncompliance
Responsibility for defects and noncompliance
Status: in_force

(a) Deeming Defect or Noncompliance to Certain Vehicles and Importer as Manufacturer.—(1) In carrying out sections 30117(b), 30118–30121, and 30166(f) of this title—

(A) for a defect or noncompliance with an applicable motor vehicle safety standard prescribed under this chapter for a motor vehicle originally manufactured for import into the United States, an imported motor vehicle having a valid certification under section 30146(a)(1) of this title and decided to be substantially similar to that motor vehicle shall be deemed as having the same defect or as not complying with the same standard unless the manufacturer or importer registered under section 30141(c) of this title demonstrates otherwise to the Secretary of Transportation; and

(B) the registered importer shall be deemed to be the manufacturer of any motor vehicle that the importer imports or brings into compliance with the standards for an individual under section 30142 of this title.

(2) The Secretary shall publish in the Federal Register notice of any defect or noncompliance under paragraph (1)(A) of this subsection.

(b) Financial Responsibility Requirement.—The Secretary shall require by regulation each registered importer (including any successor in interest) to provide and maintain evidence, satisfactory to the Secretary, of sufficient financial responsibility to meet its obligations under sections 30117(b), 30118–30121, and 30166(f) of this title.

(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)

30147(a)
15:1397(d)(1).
Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, §108(d); added Oct. 31, 1988, Pub. L. 100–562, §2(b), 102 Stat. 2821.

30147(b)
15:1397(d)(2).

In this section, the words "(relating to discovery, notification, and remedy of motor vehicle defects)" are omitted as surplus.

In subsection (a)(1)(A), the words "for a motor vehicle" are substituted for "in, or regarding, any motor vehicle" to eliminate unnecessary words.

In subsection (a)(1)(B), the word "compliance" is substituted for "conformity" for consistency in this chapter.
49 U.S.C. § 323 (2024) — Title 49: TRANSPORTATION / Chapter 3 / Subchapter II / Section 323: Personnel
Personnel
Status: in_force

(a) The Secretary of Transportation may appoint and fix the pay of officers and employees of the Department of Transportation and may prescribe their duties and powers.

(b) The Secretary may procure services under section 3109 of title 5. However, an individual may be paid not more than $100 a day for services.

(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2423.)

Historical and Revision Notes

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

323(a) 
49:1343(d). 
Aug. 23, 1958, Pub. L. 85–726, §302(f), 72 Stat. 746; Oct. 4, 1961, Pub. L. 87–367, §205(b), 75 Stat. 791; Oct. 11, 1962, Pub. L. 87–793, §1001(h), 76 Stat. 864.

  
49:1343(f). 
Aug. 23, 1958, Pub. L. 85–726, §302(h), 72 Stat. 746; Oct. 4, 1961, Pub. L. 87–367, §205(a), 75 Stat. 791.

  
49:1657(a). 
Oct. 15, 1966, Pub. L. 89–670, §9(a), (b), 80 Stat. 944; Mar. 27, 1978, Pub. L. 95–251, §2(a)(12), 92 Stat. 183.

323(b) 
49:1343(g) (1st sentence 33d–43d words). 
Aug. 23, 1958, Pub. L. 85–726, §302(i) (1st sentence 31st–41st words), 72 Stat. 747.

  
49:1657(b).

In the section, the word "pay" is substituted for "compensation" for consistency with title 5.

In subsection (a), the words "In addition to the authority contained in any other Act which is transferred to and vested in the Secretary, the National Transportation Safety Board, or any other officer in the Department" before "the Secretary" and "subject to the civil service and classification laws" before "to select" in 49:1657(a) are omitted as unnecessary because of title 5, especially sections 3301, 5101, and 5331. The word "appoint" is substituted for "select, employ, appoint" because it is inclusive. The words "attorneys, and agents" after "employees" in 49:1343(d) and "including investigators, attorneys, and administrative law judges" after "employees" in 49:1657(a) are omitted as included in "officers and employees". The words "of the Department of Transportation" are substituted for "as are necessary to carry out the provisions of this chapter" for consistency.

The text of 49:1343(d) (words after 1st comma) is omitted because of section 414(a)(1)(B) of the Civil Service Reform Act of 1978 (Pub. L. 95–454, 92 Stat. 1177). The text of 49:1343(f) is omitted because of section 414(a)(2)(A) of that Act.

In subsection (b), the word "procure" is substituted for "obtain" to conform to 5:3109. The words "unless otherwise specified in an appropriation Act" after "individuals" in 49:1657(b) are omitted as surplus.

Statutory Notes and Related Subsidiaries

Post-Employment Policy Study

Pub. L. 112–141, div. C, title I, §31308(b), July 6, 2012, 126 Stat. 770, provided that:

"(1) In general.—The Inspector General of the Department of Transportation shall conduct a study of the Department's policies relating to post-employment restrictions on employees who perform functions related to transportation safety.

"(2) Report.—Not later than 1 year after the date of enactment of this Act [see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways], the Inspector General shall submit a report containing the results of the study conducted under paragraph (1) to—

"(A) the Committee on Commerce, Science, and Transportation of the Senate;

"(B) the Committee on Energy and Commerce of the House of Representatives; and

"(C) the Secretary of Transportation.

"(3) Use of results.—The Secretary of Transportation shall review the results of the study conducted under paragraph (1) and take whatever action the Secretary determines to be appropriate."
49 U.S.C. § 6311 (2024) — Title 49: TRANSPORTATION / Chapter 63 / Section 6311: Research and development grants
Research and development grants
Status: in_force

The Secretary may make grants to, or enter into cooperative agreements or contracts with, public and nonprofit private entities (including State transportation departments, metropolitan planning organizations, and institutions of higher education) for—

(1) investigation of the subjects described in section 6302(b)(3)(B)(vi);

(2) research and development of new methods of data collection, standardization, management, integration, dissemination, interpretation, and analysis;

(3) demonstration programs by States, local governments, and metropolitan planning organizations to coordinate data collection, reporting, management, storage, and archiving to simplify data comparisons across jurisdictions;

(4) development of electronic clearinghouses of transportation data and related information, as part of the Library; and

(5) development and improvement of methods for sharing geographic data, in support of the database under section 6310 1 and the National Spatial Data Infrastructure developed under Executive Order 12906 (59 Fed. Reg. 17671) (or a successor Executive Order).

(Added Pub. L. 112–141, div. E, title II, §52011(a), July 6, 2012, 126 Stat. 894.)

Editorial Notes

References in Text

Executive Order 12906, referred to in par. (5), is Ex. Ord. No. 12906, Apr. 11, 1994, 59 F.R. 17671, which is set out as a note under section 1457 of Title 43, Public Lands.

Statutory Notes and Related Subsidiaries

Effective Date

Section 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.

1 So in original. Probably should be "section 6309".
49 U.S.C. § 1140 (2024) — Title 49: TRANSPORTATION / Chapter 11 / Subchapter III / Section 1140: Information individuals 1 involved in accidents and families of such individuals
Information individuals 1 involved in accidents and families of such individuals
Status: in_force

In the course of an investigation of an accident described in section 1131(a)(1), except an aircraft accident described in section 1136 or a rail passenger accident described in section 1139, the Board may, to the maximum extent practicable, ensure that individuals involved in accidents and the families of such individuals, and other individuals the Board deems appropriate—

(1) are informed as to the roles, with respect to the accident and the post-accident activities, of the Board;

(2) are briefed, before any public briefing, about the accident, its causes, and any other findings from the investigation; and

(3) are individually informed of and allowed to attend any public hearings and meetings of the Board about the accident.

(Added Pub. L. 115–254, div. C, §1109(e)(1), Oct. 5, 2018, 132 Stat. 3435; amended Pub. L. 118–63, title XII, §1215(e), May 16, 2024, 138 Stat. 1430.)

Editorial Notes

Amendments

2024—Pub. L. 118–63 substituted "individuals involved in accidents and families of such individuals" for "for families of individuals involved in accidents" in section catchline and "individuals involved in accidents and the families of such individuals" for "the families of individuals involved in the accident" in introductory provisions in text.

1 So in original. Probably should be preceded by "for".
49 U.S.C. § 11163 (2024) — Title 49: TRANSPORTATION / Chapter 111 / Subchapter IV / Section 11163: Cost availability
Cost availability
Status: in_force

As required by the rules of the Board governing discovery in Board proceedings, rail carriers shall make relevant cost data available to shippers, States, ports, communities, and other interested parties that are a party to a Board proceeding in which such data are required.

(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 836.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 11165 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).

A prior section 11163, added Pub. L. 96–448, title III, §302(a), Oct. 14, 1980, 94 Stat. 1936; amended Pub. L. 103–272, §4(j)(31), July 5, 1994, 108 Stat. 1370, related to implementation of cost accounting principles, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a). See section 11161 of this title.

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. § 44520 (2024) — Title 49: TRANSPORTATION / Chapter 445 / Section 44520: Center of Excellence for Alternative Jet Fuels and Environment
Center of Excellence for Alternative Jet Fuels and Environment
Status: in_force

(a) In General.—The Administrator shall continue operation of the Center of Excellence for Alternative Jet Fuels and Environment (in this section referred to as the "Center").

(b) Responsibilities.—The Center shall—

(1) focus on research to—

(A) assist in the development, qualification, and certification of the use of aviation fuel from alternative and renewable sources (such as biomass, next-generation feedstocks, alcohols, organic acids, hydrogen, bioderived chemicals and gaseous carbon) for commercial aircraft;

(B) assist in informing the safe use of alternative aviation fuels in commercial aircraft that also apply electrified aircraft propulsion systems;

(C) reduce community exposure to civilian aircraft noise and pollutant emissions;

(D) inform decision making to support United States leadership on international aviation environmental issues, including the development of domestic and international standards; and

(E) improve and expand the scientific understanding of civil aviation noise and pollutant emissions and their impacts, as well as support the development of improved modeling approaches and tools;

(2) examine the use of novel technologies and other forms of innovation to reduce noise, emissions, and fuel burn in commercial aircraft; and

(3) support collaboration with other Federal agencies, industry stakeholders, research institutions, and other relevant entities to accelerate the research, development, testing, evaluation, and demonstration programs and facilitate United States sustainability and competitiveness in aviation.

(c) Grant Authority.—The Administrator shall carry out the work of the Center through the use of grants or other measures, as determined appropriate by the Administrator pursuant to section 44513, including through interagency agreements and coordination with other Federal agencies.

(d) Participation.—

(1) Participation of educational and research institutions.—In carrying out the responsibilities described in subsection (b), the Center shall include, as appropriate, participation by—

(A) institutions of higher education and research institutions that—

(i) have existing facilities for research, development, and testing; and

(ii) leverage private sector partnerships;

(B) other Federal agencies;

(C) consortia with experience across the alternative fuels supply chain, including with research, feedstock development and production, small-scale development, testing, and technology evaluation related to the creation, processing, production, and transportation of alternative aviation fuel; and

(D) consortia with experience in innovative technologies to reduce noise, emissions, and fuel burn in commercial aircraft.

(2) Use of nasa facilities.—The Center shall, in consultation with the Administrator of NASA, consider using, on a reimbursable basis, the existing and available capacity in aeronautics research facilities at the Langley Research Center, the NASA John H. Glenn Center at the Neil A. Armstrong Test Facility, and other appropriate facilities of the National Aeronautics and Space Administration.

(Added Pub. L. 118–63, title X, §1017(a), May 16, 2024, 138 Stat. 1396.)
49 U.S.C. § 60141 (2024) — Title 49: TRANSPORTATION / Chapter 601 / Section 60141: Standards for underground natural gas storage facilities
Standards for underground natural gas storage facilities
Status: in_force

(a) Minimum Safety Standards.—Not later than 2 years after the date of enactment of the PIPES Act of 2016, the Secretary, in consultation with the heads of other relevant Federal agencies, shall issue minimum safety standards for underground natural gas storage facilities.

(b) Considerations.—In developing the safety standards required under subsection (a), the Secretary shall, to the extent practicable—

(1) consider consensus standards for the operation, environmental protection, and integrity management of underground natural gas storage facilities;

(2) consider the economic impacts of the regulations on individual gas customers;

(3) ensure that the regulations do not have a significant economic impact on end users; and

(4) consider the recommendations of the Aliso Canyon natural gas leak task force established under section 31 of the PIPES Act of 2016.

(c) Federal-State Cooperation.—The Secretary may authorize a State authority (including a municipality) to participate in the oversight of underground natural gas storage facilities in the same manner as provided in sections 60105 and 60106.

(d) Rules of Construction.—

(1) In general.—Nothing in this section may be construed to affect any Federal regulation relating to gas pipeline facilities that is in effect on the day before the date of enactment of the PIPES Act of 2016.

(2) Limitations.—Nothing in this section may be construed to authorize the Secretary—

(A) to prescribe the location of an underground natural gas storage facility; or

(B) to require the Secretary's permission to construct a facility referred to in subparagraph (A).

(e) Preemption.—A State authority may adopt additional or more stringent safety standards for intrastate underground natural gas storage facilities if such standards are compatible with the minimum standards prescribed under this section.

(f) Statutory Construction.—Nothing in this section shall be construed to affect the Secretary's authority under this title to regulate the underground storage of gas that is not natural gas.

(Added Pub. L. 114–183, §12(b), June 22, 2016, 130 Stat. 522.)

Editorial Notes

References in Text

The date of enactment of the PIPES Act of 2016, referred to in subsecs. (a) and (d)(1), is the date of enactment of Pub. L. 114–183, which was approved June 22, 2016.

Section 31 of the PIPES Act of 2016, referred to in subsec. (b)(4), is section 31 of Pub. L. 114–183, June 22, 2016, 130 Stat. 533, which is not classified to the Code.
49 U.S.C. § 33102 (2024) — Title 49: TRANSPORTATION / Chapter 331 / Section 33102: Theft prevention standard for high theft lines
Theft prevention standard for high theft lines
Status: in_force

(a) General.—(1) The Secretary of Transportation by regulation shall prescribe a vehicle theft prevention standard that conforms to the requirements of this chapter. The standard shall apply to—

(A) covered major parts that manufacturers install in passenger motor vehicles in lines designated under section 33104 of this title as high theft lines; and

(B) major replacement parts for the major parts described in clause (A) of this paragraph.

(2) The standard may apply only to—

(A) major parts that manufacturers install in passenger motor vehicles having a model year designation later than the calendar year in which the standard takes effect; and

(B) major replacement parts manufactured after the standard takes effect.

(b) Standard Requirements.—The standard shall be practicable and provide relevant objective criteria.

(c) Limitations on Major Part and Replacement Part Standards.—(1) For a major part installed by the manufacturer of the motor vehicle, the standard may not require a part to have more than one identification.

(2) For a major replacement part, the standard may not require—

(A) identification of a part not designed as a replacement for a major part required to be identified under the standard; or

(B) the inscribing or affixing of identification except a symbol identifying the manufacturer and a common symbol identifying the part as a major replacement part.

(d) Records and Reports.—This chapter does not authorize the Secretary to require a person to keep records or make reports, except as provided in sections 33104(c), 33106(c), 33108(a), and 33112 1 of this title.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1077.)

Historical and Revision Notes

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

33102(a)(1)
15:2022(a).
Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §602(a), (b), (c)(1)–(3), (5), (d)(2); added Oct. 25, 1984, Pub. L. 98–547, §101(a), 98 Stat. 2756.

33102(a)(2)
15:2022(c)(1)–(3), (5).

33102(b)
15:2022(b).

33102(c)
15:2022(d)(1).
Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §602(d)(1); added Oct. 25, 1984, Pub. L. 98–547, §101(a), 98 Stat. 2756; restated Oct. 25, 1992, Pub. L. 102–519, §302(1), 106 Stat. 3394.

33102(d)
15:2022(e).
Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §602(e); added Oct. 25, 1984, Pub. L. 98–547, §101(a), 98 Stat. 2756; Oct. 25, 1992, Pub. L. 102–519, §306(a), 106 Stat. 3397.

In subsection (a)(1), before clause (A), the words "in accordance with this section" are omitted as surplus.

In subsection (a)(2), the text of 15:2022(c)(1)–(3) is omitted as obsolete because the standard has already been prescribed. See 49 C.F.R. part 541.

Editorial Notes

References in Text

Section 33112 of this title, referred to in subsec. (d), was repealed by Pub. L. 112–141, div. C, title I, §31313(2), July 6, 2012, 126 Stat. 772.

1 See References in Text note below.
49 U.S.C. § 14904 (2024) — Title 49: TRANSPORTATION / Chapter 149 / Section 14904: Additional rate violations
Additional rate violations
Status: in_force

(a) Rebates by Agents.—A person, or an officer, employee, or agent of that person, that—

(1) offers, grants, gives, solicits, accepts, or receives a rebate for concession, in violation of a provision of this part related to motor carrier transportation subject to jurisdiction under subchapter I of chapter 135; or

(2) by any means assists or permits another person to get transportation that is subject to jurisdiction under that subchapter at less than the rate in effect for that transportation under section 13702,

is liable to the United States for a civil penalty of $200 for the first violation and $250 for a subsequent violation.

(b) Undercharging.—

(1) Freight forwarder.—A freight forwarder providing service subject to jurisdiction under subchapter III of chapter 135, or an officer, agent, or employee of that freight forwarder, that assists a person in getting, or willingly permits a person to get, service provided under that subchapter at less than the rate in effect for that service under section 13702, is liable to the United States for a civil penalty of not more than $500 for the first violation and not more than $2,000 for a subsequent violation.

(2) Others.—A person that by any means gets, or attempts to get, service provided under subchapter III of chapter 135 at less than the rate in effect for that service under section 13702, is liable to the United States for a civil penalty of not more than $500 for the first violation and not more than $2,000 for a subsequent violation.

(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 915.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 11904 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).

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. § 13909 (2024) — Title 49: TRANSPORTATION / Chapter 139 / Section 13909: Availability of information
Availability of information
Status: in_force

The Secretary shall make information relating to registration and financial security required by this chapter publicly available on the Internet, including—

(1) the names and business addresses of the principals of each entity holding such registration;

(2) the status of such registration; and

(3) the electronic address of the entity's surety provider for the submission of claims.

(Added Pub. L. 112–141, div. C, title II, §32914(b)(1), July 6, 2012, 126 Stat. 819.)

Statutory Notes and Related Subsidiaries

Effective Date

Section 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. § 20115 (2024) — Title 49: TRANSPORTATION / Chapter 201 / Subchapter I / Section 20115: User fees
User fees
Status: in_force

(a) Schedule of Fees.—The Secretary of Transportation shall prescribe by regulation a schedule of fees for railroad carriers subject to this chapter. The fees—

(1) shall cover the costs of carrying out this chapter (except section 20108(a));

(2) shall be imposed fairly on the railroad carriers, in reasonable relationship to an appropriate combination of criteria such as revenue ton-miles, track miles, passenger miles, or other relevant factors; and

(3) may not be based on that part of industry revenues attributable to a railroad carrier or class of railroad carriers.

(b) Collection Procedures.—The Secretary shall prescribe procedures to collect the fees. The Secretary may use the services of a department, agency, or instrumentality of the United States Government or of a State or local authority to collect the fees, and may reimburse the department, agency, or instrumentality a reasonable amount for its services.

(c) Collection, Deposit, and Use.—(1) The Secretary shall impose and collect fees under this section for each fiscal year before the end of the fiscal year.

(2) Fees collected under this section shall be deposited in the general fund of the Treasury as offsetting receipts. The fees may be used, to the extent provided in advance in an appropriation law, only to carry out this chapter.

(3) Fees prescribed under this section shall be imposed in an amount sufficient to pay for the costs of activities under this chapter. However, the total fees received for a fiscal year may not be more than 105 percent of the total amount of the appropriations for the fiscal year for activities to be financed by the fees.

(d) Annual Report.—(1) Not later than 90 days after the end of each fiscal year in which fees are collected under this section, the Secretary shall report to Congress on—

(A) the amount of fees collected during that fiscal year;

(B) the impact of the fees on the financial health of the railroad industry and its competitive position relative to each competing mode of transportation; and

(C) the total cost of Government safety activities for each other competing mode of transportation, including any part of that total cost defrayed by Government user fees.

(2) Not later than 90 days after submitting a report for a fiscal year, the Secretary shall submit to Congress recommendations for corrective legislation if the report includes a finding that—

(A) there has been an impact from the fees on the financial health of the railroad industry or its competitive position relative to each competing mode of transportation; or

(B) there is a significant difference in the burden of Government user fees on the railroad industry and other competing modes of transportation.

(e) Expiration.—This section expires on September 30, 1995.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 870.)

Historical and Revision Notes

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

20115(a) 
45:447(a)(1), (3). 
Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, §216; added Nov. 5, 1990, Pub. L. 101–508, §10501(a), 104 Stat. 1388–399.

20115(b) 
45:447(a)(2).

20115(c) 
45:447(b)–(d).

20115(d) 
45:447(e).

20115(e) 
45:447(f).

In subsection (a), before clause (1), the words "after notice and comment" are omitted as unnecessary because of 5:553.

In subsection (c), the words "beginning on March 1, 1991" are omitted as obsolete.
49 U.S.C. § 60104 (2024) — Title 49: TRANSPORTATION / Chapter 601 / Section 60104: Requirements and limitations
Requirements and limitations
Status: in_force

(a) Opportunity To Present Views.—The Secretary of Transportation shall give an interested person an opportunity to make oral and written presentations of information, views, and arguments when prescribing a standard under this chapter.

(b) Nonapplication.—A design, installation, construction, initial inspection, or initial testing standard does not apply to a pipeline facility existing when the standard is adopted.

(c) Preemption.—A State authority that has submitted a current certification under section 60105(a) of this title may adopt additional or more stringent safety standards for intrastate pipeline facilities and intrastate pipeline transportation only if those standards are compatible with the minimum standards prescribed under this chapter. A State authority may not adopt or continue in force safety standards for interstate pipeline facilities or interstate pipeline transportation. Notwithstanding the preceding sentence, a State authority may enforce a requirement of a one-call notification program of the State if the program meets the requirements for one-call notification programs under this chapter or chapter 61.

(d) Consultation.—(1) When continuity of gas service is affected by prescribing a standard or waiving compliance with standards under this chapter, the Secretary of Transportation shall consult with and advise the Federal Energy Regulatory Commission or a State authority having jurisdiction over the affected gas pipeline facility before prescribing the standard or waiving compliance. The Secretary shall delay the effective date of the standard or waiver until the Commission or State authority has a reasonable opportunity to grant an authorization it considers necessary.

(2) In a proceeding under section 3 or 7 of the Natural Gas Act (15 U.S.C. 717b or 717f), each applicant for authority to import natural gas or to establish, construct, operate, or extend a gas pipeline facility subject to an applicable safety standard shall certify that it will design, install, inspect, test, construct, operate, replace, and maintain a gas pipeline facility under those standards and plans for inspection and maintenance under section 60108 of this title. The certification is binding on the Secretary of Energy and the Commission except when an appropriate enforcement agency has given timely written notice to the Commission that the applicant has violated a standard prescribed under this chapter.

(e) Location and Routing of Facilities.—This chapter does not authorize the Secretary of Transportation to prescribe the location or routing of a pipeline facility.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1308; Pub. L. 107–355, §3(a), Dec. 17, 2002, 116 Stat. 2986.)

Historical and Revision Notes

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

60104(a)
49 App.:1672(c).
Aug. 12, 1968, Pub. L. 90–481, §3(c), 82 Stat. 721; Nov. 30, 1979, Pub. L. 96–129, §§104(a)(2), (c), 109(c), 93 Stat. 992, 994, 996.

  
49 App.:2002(g).
Nov. 30, 1979, Pub. L. 96–129, §§202(4) (28th–last words), 203(c) (last sentence), (g), 93 Stat. 1003, 1004, 1005.

60104(b)
49 App.:1672(a)(1) (6th sentence).
Aug. 12, 1968, Pub. L. 90–481, §3(a)(1) (6th, 9th, last sentences), 82 Stat. 721; Oct. 11, 1976, Pub. L. 94–477, §4(2), 90 Stat. 2073; Nov. 30, 1979, Pub. L. 96–129, §§101(a), 109(c), (e), 93 Stat. 990, 996; Oct. 24, 1992, Pub. L. 102–508, §116, 106 Stat. 3298.

  
49 App.:2002(c) (last sentence).

60104(c)
49 App.:1672(a)(1) (9th, last sentences).

  
49 App.:2002(d).
Nov. 30, 1979, Pub. L. 96–129, §203(d), 93 Stat. 1004; Oct. 24, 1992, Pub. L. 102–508, §215, 106 Stat. 3305.

60104(d)
49 App.:1676(a).
Aug. 12, 1968, Pub. L. 90–481, §9(a), 82 Stat. 725; Nov. 30, 1979, Pub. L. 96–129, §§109(i), 152(a), (b)(3), 93 Stat. 997, 999, 1001; Oct. 30, 1988, Pub. L. 100–561, §105(1), 102 Stat. 2807.

60104(e)
49 App.:1671(4) (33d–last words).
Aug. 12, 1968, Pub. L. 90–481, §2(4) (33d–last words), 82 Stat. 720.

  
49 App.:2001(4) (28th–last words).

Subsection (a) is substituted for 49 App.:1672(c) (last sentence) and 2002(g) (last sentence) to eliminate unnecessary words. The text of 49 App.:1672(c) (1st sentence) and 2002(g) (1st sentence) is omitted as unnecessary because 5:ch. 5, subch. II applies unless otherwise stated.

In subsection (c), the words "prescribed under this chapter" are added for clarity. The words "after the Federal minimum standards become effective" in 49 App.:1672(a) (last sentence) are omitted as obsolete.

In subsection (d)(1), the words "waiving compliance" are substituted for "action upon application for waiver" and "acting on the waiver application" to eliminate unnecessary words. The words "the provisions of" are omitted as surplus. The word "authority" is substituted for "commission" for consistency in the revised title and with other titles of the Code.

In subsection (d)(2), the words "and conclusive" are omitted as being included in "binding". The words "Secretary of Energy" are substituted for "Department of Energy" because of 42:7231.

Editorial Notes

Amendments

2002—Subsec. (c). Pub. L. 107–355 inserted at end "Notwithstanding the preceding sentence, a State authority may enforce a requirement of a one-call notification program of the State if the program meets the requirements for one-call notification programs under this chapter or chapter 61."
49 U.S.C. § 20137 (2024) — Title 49: TRANSPORTATION / Chapter 201 / Subchapter II / Section 20137: Event recorders
Event recorders
Status: in_force

(a) Definition.—In this section, "event recorder" means a device that—

(1) records train speed, hot box detection, throttle position, brake application, brake operations, and any other function the Secretary of Transportation considers necessary to record to assist in monitoring the safety of train operation, such as time and signal indication; and

(2) is designed to resist tampering.

(b) Regulations and Orders.—Not later than December 22, 1989, the Secretary shall prescribe regulations and issue orders that may be necessary to enhance safety by requiring that a train be equipped with an event recorder not later than one year after the regulations are prescribed and the orders are issued. However, if the Secretary finds it is impracticable to equip trains within that one-year period, the Secretary may extend the period to a date that is not later than 18 months after the regulations are prescribed and the orders are issued.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 875.)

Historical and Revision Notes

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

20137 
45:431(m). 
Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, §202(m); added June 22, 1988, Pub. L. 100–342, §10, 102 Stat. 629.

In subsection (b), the words "Not later than December 22, 1989" are substituted for "within 18 months after June 22, 1988" for clarity. The words "may extend the period to a date that is not later than 18 months after the regulations are prescribed and the orders are issued" are substituted for "may extend the deadline for compliance with such requirement, but in no event shall such deadline be extended past 18 months after such rules, regulations, orders, and standards are issued" to eliminate unnecessary words.
49 U.S.C. § 6305 (2024) — Title 49: TRANSPORTATION / Chapter 63 / Section 6305: Advisory council on transportation statistics
Advisory council on transportation statistics
Status: in_force

(a) In General.—The Director shall establish and consult with an advisory council on transportation statistics.

(b) Function.—The advisory council established under this section shall advise the Director on—

(1) the quality, reliability, consistency, objectivity, and relevance of transportation statistics and analyses collected, supported, or disseminated by the Bureau and the Department; and

(2) methods to encourage cooperation and interoperability of transportation data collected by the Bureau, the operating administrations of the Department, States, local governments, metropolitan planning organizations, and private sector entities.

(c) Membership.—

(1) In general.—The advisory council shall be composed of not fewer than 9 and not more than 11 members appointed by the Director.

(2) Selection.—In selecting members for the advisory council, the Director shall appoint individuals who—

(A) are not officers or employees of the United States;

(B) possess expertise in—

(i) transportation data collection, analysis, or application;

(ii) economics; or

(iii) transportation safety; and

(C) represent a cross section of transportation stakeholders, to the greatest extent possible.

(d) Terms of Appointment.—

(1) In general.—Except as provided in paragraph (2), members of the advisory council shall be appointed to staggered terms not to exceed 3 years.

(2) Additional terms.—A member may be renominated for 1 additional 3-year term.

(3) Current members.—A member serving on an advisory council on transportation statistics on the day before the date of enactment of the Transportation Research and Innovative Technology Act of 2012 shall serve until the end of the appointed term of the member.

(e) Applicability of Chapter 10 of Title 5.—Chapter 10 of title 5 shall apply to the advisory council established under this section, except that section 1013 of title 5 shall not apply.

(Added Pub. L. 112–141, div. E, title II, §52011(a), July 6, 2012, 126 Stat. 891; amended Pub. L. 117–286, §4(a)(304), Dec. 27, 2022, 136 Stat. 4339.)

Editorial Notes

References in Text

The date of enactment of the Transportation Research and Innovative Technology Act of 2012, referred to in subsec. (d)(3), is the date of enactment of div. E of Pub. L. 112–141, which was approved July 6, 2012.

Amendments

2022—Subsec. (e). Pub. L. 117–286 substituted "Chapter 10 of Title 5" for "Federal Advisory Committee Act" in heading and "Chapter 10 of title 5 shall apply to the advisory council established under this section, except that section 1013 of title 5" for "The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the advisory council established under this section, except that section 14 of that Act" in text.

Statutory Notes and Related Subsidiaries

Effective Date

Section 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.

Termination of Advisory Council on Transportation Statistics

Advisory Council on Transportation Statistics terminated Oct. 5, 2018, see section 418(g) of Pub. L. 115–254, set out as a note preceding section 42301 of this title.

Advisory Council on Transportation Statistics

Pub. L. 102–240, title VI, §6007, Dec. 18, 1991, 105 Stat. 2174, required the Director to establish an Advisory Council on Transportation Statistics composed of not more than 6 members to provide advice on the quality of transportation statistics and analysis.
49 U.S.C. § 47302 (2024) — Title 49: TRANSPORTATION / Chapter 473 / Section 47302: Providing airport and airway property in foreign territories
Providing airport and airway property in foreign territories
Status: in_force

(a) General Authority.—Subject to the concurrence of the Secretary of State and the consideration of objectives of the International Civil Aviation Organization—

(1) the Secretary of Transportation may acquire, establish, and construct airport property and airway property (except meteorological facilities) in foreign territory; and

(2) the Secretary of Commerce may acquire, establish, and construct meteorological facilities in foreign territory.

(b) Specific Appropriations Required.—Except for airport property transferred under section 47304(b) of this title, an airport (as defined in section 40102(a) of this title) may be acquired, established, or constructed under subsection (a) of this section only if amounts have been appropriated specifically for the airport.

(c) Accepting Foreign Payments.—The Secretary of Transportation or Commerce, as appropriate, may accept payment from a government of a foreign country or international organization for facilities or services sold or provided the government or organization under this chapter. The amount received may be credited to the appropriation current when the expenditures are or were paid, the appropriation current when the amount is received, or both.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1281.)

Historical and Revision Notes

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

47302(a), (b)
49 App.:1152.
June 16, 1948, ch. 473, §3, 62 Stat. 451; Aug. 23, 1958, Pub. L. 85–726, §1403, 72 Stat. 808.

  
49 App.:1655(c)(1).
Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444.

47302(c)
49 App.:1154.
June 16, 1948, ch. 473, §5, 62 Stat. 451.

  
49 App.:1655(c)(1).

In this chapter, the words "government of a foreign country" are substituted for "foreign government" for consistency in the revised title and with other titles of the United States Code.

In this section, the title "Secretary of Commerce" is substituted for "Chief of the Weather Bureau of the Department of Commerce" in section 3, and "Chief of the Weather Bureau" in section 5, of the International Aviation Facilities Act (ch. 473, 62 Stat. 451) because of sections 1 and 2 of Reorganization Plan No. 2 of 1965 (eff. July 13, 1965, 79 Stat. 1318).

In subsection (a), the words "by contract or otherwise" are omitted as surplus. The words "airport property and airway property (except meteorological facilities)" and "meteorological facilities" are substituted for "within their respective fields" for clarity.

In subsection (b), the words "for the airport" are substituted for "for such purpose" for clarity. The words "by the Congress" are omitted as surplus.

In subsection (c), the words "on behalf of the United States" are omitted as surplus. The words "sold or provided" are substituted for "supplied or . . . performed" for consistency in this chapter. The words "by the Secretary of Transportation or the Secretary of Commerce, either directly or indirectly" and "the authority of" are omitted as surplus. The words "or the Civil Aeronautics Act of 1938, as amended" are omitted as obsolete because the Act was repealed by section 1401(b) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 806). The words "including the operation of airport property and airway property in such countries, the training of foreign nationals, the rendering of technical assistance and advice to such countries, and the performance of other similar services" are omitted as being included in "facilities or services sold or provided". The words "or both" are substituted for "or (C) in part as provided under clause (A) and in part as provided under clause (B)" to eliminate unnecessary words.
49 U.S.C. § 47525 (2024) — Title 49: TRANSPORTATION / Chapter 475 / Subchapter II / Section 47525: Decision about airport noise and access restrictions on certain stage 2 aircraft
Decision about airport noise and access restrictions on certain stage 2 aircraft
Status: in_force

The Secretary of Transportation shall conduct a study and decide on the application of section 47524(a)–(d) of this title to airport noise and access restrictions on the operation of stage 2 aircraft with a maximum weight of not more than 75,000 pounds. In making the decision, the Secretary shall consider—

(1) noise levels produced by those aircraft relative to other aircraft;

(2) the benefits to general aviation and the need for efficiency in the national air transportation system;

(3) the differences in the nature of operations at airports and the areas immediately surrounding the airports;

(4) international standards and agreements on aircraft noise; and

(5) other factors the Secretary considers necessary.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1291.)

Historical and Revision Notes

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

47525
49 App.:2154.
Nov. 5, 1990, Pub. L. 101–508, §9305, 104 Stat. 1388–382.

In this section, before clause (1), the words "conduct a study and decide on" are substituted for "determine by a study" for clarity. The words "with a maximum weight of not more than" are substituted for "weighing less than" for consistency with sections 47528 and 47529 of the revised title.
49 U.S.C. § 22704 (2024) — Title 49: TRANSPORTATION / Chapter 227 / Section 22704: Transparency; coordination; review
Transparency; coordination; review
Status: in_force

(a) Preparation.—A State shall provide adequate and reasonable notice and opportunity for comment and other input to the public, rail carriers, commuter and transit authorities operating in, or affected by rail operations within the State, units of local government, and other interested parties in the preparation and review of its State rail plan.

(b) Intergovernmental Coordination.—A State shall review the freight and passenger rail service activities and initiatives by regional planning agencies, regional transportation authorities, and municipalities within the State, or in the region in which the State is located, while preparing the plan, and shall include any recommendations made by such agencies, authorities, and municipalities as deemed appropriate by the State.

(Added Pub. L. 110–432, div. B, title III, §303(a), Oct. 16, 2008, 122 Stat. 4949.)
49 U.S.C. § 47510 (2024) — Title 49: TRANSPORTATION / Chapter 475 / Subchapter I / Section 47510: Tradeoff allowance
Tradeoff allowance
Status: in_force

Notwithstanding another law or a regulation prescribed or order issued under that law, the tradeoff provisions contained in appendix C of part 36 of title 14, Code of Federal Regulations, apply in deciding whether an aircraft complies with subpart I of part 91 of title 14.

(Added Pub. L. 103–429, §6(72)(A), Oct. 31, 1994, 108 Stat. 4387.)

Historical and Revision Notes

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

47510
49 App.:2125.
Feb. 18, 1980, Pub. L. 96–193, §305, 94 Stat. 57.

The word "prescribed" is added for consistency in the revised title and with other titles of the United States Code. The words "subpart I of part 91" are substituted for "subpart E of part 91" because of the restatement of part 91. See 54 Fed. Reg. 34321 (Aug. 18, 1989).
49 U.S.C. § 5106 (2024) — Title 49: TRANSPORTATION / Chapter 51 / Section 5106: Handling criteria
Handling criteria
Status: in_force

The Secretary may prescribe criteria for handling hazardous material, including—

(1) a minimum number of personnel;

(2) minimum levels of training and qualifications for personnel;

(3) the kind and frequency of inspections;

(4) equipment for detecting, warning of, and controlling risks posed by the hazardous material;

(5) specifications for the use of equipment and facilities used in handling and transporting the hazardous material; and

(6) a system of monitoring safety procedures for transporting the hazardous material.

(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 763; Pub. L. 109–59, title VII, §7126, Aug. 10, 2005, 119 Stat. 1909.)

Historical and Revision Notes

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

5106 
49 App.:1805(a). 
Jan. 3, 1975, Pub. L. 93–633, §106(a), 88 Stat. 2157.

Before clause (1), the text of 49 App.:1805(a) (last sentence) is omitted as being included in "prescribe". In clause (4), the words "to be used" are omitted as surplus. In clause (6), the word "assurance" is omitted as surplus.

Editorial Notes

Amendments

2005—Pub. L. 109–59 substituted "Secretary" for "Secretary of Transportation" in introductory provisions.
49 U.S.C. § 13701 (2024) — Title 49: TRANSPORTATION / Chapter 137 / Section 13701: Requirements for reasonable rates, classifications, through routes, rules, and practices for certain transportation
Requirements for reasonable rates, classifications, through routes, rules, and practices for certain transportation
Status: in_force

(a) Reasonableness.—

(1) Certain household goods transportation; joint rates involving water transportation.—A rate, classification, rule, or practice related to transportation or service provided by a carrier subject to jurisdiction under chapter 135 for transportation or service involving—

(A) a movement of household goods,

(B) a rate for a movement by or with a water carrier in noncontiguous domestic trade, or

(C) rates, rules, and classifications made collectively by motor carriers under agreements approved pursuant to section 13703,

must be reasonable.

(2) Through routes and divisions of joint rates.—Through routes and divisions of joint rates for such transportation or service must be reasonable.

(b) Prescription by Board for Violations.—When the Board finds it necessary to stop or prevent a violation of subsection (a), the Board shall prescribe the rate, classification, rule, practice, through route, or division of joint rates to be applied for such transportation or service.

(c) Filing of Complaint.—A complaint that a rate, classification, rule, or practice in noncontiguous domestic trade violates subsection (a) may be filed with the Board.

(d) Zone of Reasonableness.—

(1) In general.—For purposes of this section, a rate or division of a motor carrier for service in noncontiguous domestic trade or water carrier for port-to-port service in that trade is reasonable if the aggregate of increases and decreases in any such rate or division is not more than 7.5 percent above, or more than 10 percent below, the rate or division in effect 1 year before the effective date of the proposed rate or division.

(2) Adjustments to the zone.—The percentage specified in paragraph (1) shall be increased or decreased, as the case may be, by the percentage change in the Producers Price Index, as published by the Department of Labor, that has occurred during the most recent 1-year period before the date the rate or division in question first took effect.

(3) Determinations after complaint.—The Board shall determine whether any rate or division of a carrier or service in noncontiguous domestic trade which is not within the range described in paragraph (1) is reasonable if a complaint is filed under subsection (c) or section 13702(b)(6).

(4) Reparations.—Upon a finding of violation of subsection (a), the Board shall award reparations to the complaining shipper or shippers in an amount equal to all sums assessed and collected that exceed the determined reasonable rate, division, rate structure, or tariff. Upon complaint from any governmental agency or authority and upon a finding or violation of subsection (a), the Board shall make such orders as are just and shall require the carrier to return, to the extent practicable, to shippers all amounts plus interest, which the Board finds to have been assessed and collected in violation of subsection (a).

(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 867.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in sections 10701, 10704, and 10705 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).

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. § 10906 (2024) — Title 49: TRANSPORTATION / Chapter 109 / Section 10906: Exception
Exception
Status: in_force

Notwithstanding section 10901 and subchapter II of chapter 113 of this title, and without the approval of the Board, a rail carrier providing transportation subject to the jurisdiction of the Board under this part may enter into arrangements for the joint ownership or joint use of spur, industrial, team, switching, or side tracks. The Board does not have authority under this chapter over construction, acquisition, operation, abandonment, or discontinuance of spur, industrial, team, switching, or side tracks.

(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 827.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 10907 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).

A prior section 10906, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1406, related to offering abandoned rail properties for sale for public purposes, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a). See section 10905 of this title.

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. § 1305 (2024) — Title 49: TRANSPORTATION / Chapter 13 / Subchapter I / Section 1305: Authorization of appropriations
Authorization of appropriations
Status: in_force

There are authorized to be appropriated for the activities of the Board—

(1) $33,000,000 for fiscal year 2016;

(2) $35,000,000 for fiscal year 2017;

(3) $35,500,000 for fiscal year 2018;

(4) $35,500,000 for fiscal year 2019; and

(5) $36,000,000 for fiscal year 2020.

(Added Pub. L. 104–88, title II, §201(a), Dec. 29, 1995, 109 Stat. 934, §705; renumbered §1305 and amended Pub. L. 114–110, §§3(a)(3), 7, Dec. 18, 2015, 129 Stat. 2228, 2232.)

Editorial Notes

Amendments

2015—Pub. L. 114–110, §3(a)(3), renumbered section 705 of this title as this section.

Pars. (1) to (5). Pub. L. 114–110, §7, added pars. (1) to (5) and struck out former pars. (1) to (3) which related to appropriations for fiscal years 1996, 1997, and 1998, respectively.
49 U.S.C. § 327 (2024) — Title 49: TRANSPORTATION / Chapter 3 / Subchapter II / Section 327: Administrative working capital fund
Administrative working capital fund
Status: in_force

(a) The Department of Transportation has an administrative working capital fund. Amounts in the fund are available for expenses of operating and maintaining common administrative services the Secretary of Transportation decides are desirable for the efficiency and economy of the Department. The services may include—

(1) a central supply service for stationery and other supplies and equipment through which adequate stocks may be maintained to meet the requirements of the Department;

(2) central messenger, mail, telephone, and other communications services;

(3) office space;

(4) central services for document reproduction, and for graphics and visual aids; and

(5) a central library service.

(b) Amounts in the fund are available without regard to fiscal year limitation. Amounts may be appropriated to the fund.

(c) The fund consists of—

(1) amounts appropriated to the fund;

(2) the reasonable value of stocks of supplies, equipment, and other assets and inventories on order that the Secretary transfers to the fund, less the related liabilities and unpaid obligations;

(3) amounts received from the sale or exchange of property; and

(4) payments received for loss or damage to property of the fund.

(d) The fund shall be reimbursed, in advance, from amounts available to the Department or from other sources, for supplies and services at rates that will approximate the expenses of operation, including the accrual of annual leave and the depreciation of equipment. Amounts in the fund, in excess of amounts transferred or appropriated to maintain the fund, shall be deposited in the Treasury as miscellaneous receipts. All assets, liabilities, and prior losses are considered in determining the amount of the excess.

(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2425.)

Historical and Revision Notes

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

327(a) 
49:1657(j) (1st sentence less 11th–17th words). 
Oct. 15, 1966, Pub. L. 89–670, §9(j), 80 Stat. 945.

327(b) 
49:1657(j) (1st sentence 11th–17th words, 2d sentence, 18th–22d words).

327(c) 
49:1657(j) (2d sentence less 18th–22d words, 4th sentence).

327(d) 
49:1657(j) (less 1st, 2d, 4th sentences).

In subsection (a), the words "Department of Transportation has" are substituted for "Secretary is authorized to establish" because the working capital fund has been established. The words "administrative" before "working" and "Amounts in the fund are available" are added for clarity. The words "the Secretary of Transportation decides are" are substituted for "as he shall find to be" for clarity. The words "desirable for the economy" are substituted for "desirable in the interest of economy" to eliminate unnecessary words. The words "such services as" before "a central supply service" and "in whole or in part" before "the requirements of the Department" are omitted as surplus. The words "the requirements of the Department" are substituted for "the requirements of the Department and its agencies" because they are inclusive.

In subsection (b), the words "Amounts in the fund" are added for clarity. The words "Amounts may be appropriated to the fund" are substituted for "(which appropriations are hereby authorized)" for clarity.

In subsection (c), the words "The fund consists of" are substituted for "The capital of the fund shall consist of" and "The fund shall also be credited with" for clarity. The word "reasonable" is substituted for "fair and reasonable" because it is inclusive. The words "amounts appropriated to the fund" are substituted for "of any appropriations made for the purpose of providing capital" for clarity. The words "amounts received from the sale" are substituted for "receipts from the sale", and the words "payments received for loss" are substituted for "receipts in payment for", as being more precise.

In subsection (d), the words "agencies and offices in" after "available funds of" are omitted because they are included in "Department". The words "Amounts in the fund, in excess of amounts" are added for clarity. The words "any surplus found in the fund . . . above the" after "miscellaneous receipts" are omitted because of the restatement of this section. The words "to establish and" before "maintain" are omitted because the working capital fund has been established. The words "deposited in the Treasury" are substituted for "covered into the United States Treasury" for consistency. The words "are . . . in determining the amount of the excess" are added for clarity.
49 U.S.C. § 47120 (2024) — Title 49: TRANSPORTATION / Chapter 471 / Subchapter I / Section 47120: Grant priority
Grant priority
Status: in_force

(a) In General.—In making a grant under this subchapter, the Secretary of Transportation may give priority to a project that is consistent with an integrated airport system plan.

(b) Discretionary Funding To Be Used for Higher Priority Projects.—The Administrator of the Federal Aviation Administration shall discourage airport sponsors and airports from using entitlement funds for lower priority projects by giving lower priority to discretionary projects submitted by airport sponsors and airports that have used entitlement funds for projects that have a lower priority than the projects for which discretionary funds are being requested.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1274; Pub. L. 106–181, title I, §162, Apr. 5, 2000, 114 Stat. 91.)

Historical and Revision Notes

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

47120
49 App.:2208(b)(9).
Sept. 3, 1982, Pub. L. 97–248, §509(b)(9), 96 Stat. 685.

The words "In making a grant under this subchapter" are substituted for "In establishing priorities for distribution of funds available pursuant to section 2206 of this Appendix" for consistency in this chapter and to eliminate unnecessary words.

Editorial Notes

Amendments

2000—Pub. L. 106–181 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

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. § 6104 (2024) — Title 49: TRANSPORTATION / Chapter 61 / Section 6104: Compliance with minimum standards
Compliance with minimum standards
Status: in_force

(a) Requirement.—In order to qualify for a grant under section 6106, each State shall submit to the Secretary a grant application under subsection (b). The State shall submit the application not later than 2 years after the date of enactment of this chapter.

(b) Application.—

(1) Upon application by a State, the Secretary shall review that State's one-call notification program, including the provisions for the implementation of the program and the record of compliance and enforcement under the program.

(2) Based on the review under paragraph (1), the Secretary shall determine whether the State's one-call notification program meets the minimum standards for such a program set forth in section 6103 in order to qualify for a grant under section 6106.

(3) In order to expedite compliance under this section, the Secretary may consult with the State as to whether an existing State one-call notification program, a specific modification thereof, or a proposed State program would result in a positive determination under paragraph (2).

(4) The Secretary shall prescribe the form and manner of filing an application under this section that shall provide sufficient information about a State's one-call notification program for the Secretary to evaluate its overall effectiveness. Such information may include the nature and reasons for exceptions from required participation, the types of enforcement available, and such other information as the Secretary deems necessary.

(5) The application of a State under paragraph (1) and the record of actions of the Secretary under this section shall be available to the public.

(c) Alternative Program.—A State is eligible to receive a grant under section 6106 if the State maintains an alternative one-call notification program that provides protection for public safety, excavators, and the environment that is equivalent to, or greater than, protection provided under a program that meets the minimum standards set forth in section 6103.

(d) Report.—The Secretary shall include the following information in reports submitted under section 60124 of this title—

(1) a description of the extent to which each State has adopted and implemented the minimum Federal standards under section 6103 or maintains an alternative program under subsection (c);

(2) an analysis by the Secretary of the overall effectiveness of each State's one-call notification program and the one-call notification systems operating under such program in achieving the purposes of this chapter;

(3) the impact of each State's decisions on the extent of required participation in one-call notification systems on prevention of damage to underground facilities; and

(4) areas where improvements are needed in one-call notification systems in operation in each State.

The report shall also include any recommendations the Secretary determines appropriate. If the Secretary determines that the purposes of this chapter have been substantially achieved, no further report under this section shall be required.

(Added Pub. L. 105–178, title VII, §7302(a), June 9, 1998, 112 Stat. 479; amended Pub. L. 107–355, §2(b), Dec. 17, 2002, 116 Stat. 2985.)

Editorial Notes

References in Text

The date of the enactment of this chapter, referred to in subsec. (a), is the date of enactment of Pub. L. 105–178, which was approved June 9, 1998.

Amendments

2002—Subsec. (d). Pub. L. 107–355 substituted "The Secretary shall" for "Within 3 years after the date of the enactment of this chapter, the Secretary shall begin to" in introductory provisions.
49 U.S.C. § 16103 (2024) — Title 49: TRANSPORTATION / Chapter 161 / Section 16103: Unlawful disclosure of information
Unlawful disclosure of information
Status: in_force

(a) General Prohibition.—A pipeline carrier providing transportation subject to this part, or an officer, agent, or employee of that carrier, or another person authorized to receive information from that carrier, that knowingly discloses to another person, except the shipper or consignee, or a person who solicits or knowingly receives information about the nature, kind, quantity, destination, consignee, or routing of property tendered or delivered to that carrier for transportation provided under this part without the consent of the shipper or consignee, if that information may be used to the detriment of the shipper or consignee or may disclose improperly, to a competitor the business transactions of the shipper or consignee, is liable to the United States for a civil penalty of not more than $1,000.

(b) Limitation on Statutory Construction.—This part does not prevent a pipeline carrier providing transportation 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 carrier or its agent to adjust mutual traffic accounts in the ordinary course of business.

(c) Board Employee.—An employee of the Board delegated to make an inspection or examination under section 15722 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 under title 18 or imprisoned for not more than 6 months, or both.

(Added Pub. L. 104–88, title I, §106(a), Dec. 29, 1995, 109 Stat. 931.)

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).

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. § 32919 (2024) — Title 49: TRANSPORTATION / Chapter 329 / Section 32919: Preemption
Preemption
Status: in_force

(a) General.—When an average fuel economy standard prescribed under this chapter is in effect, a State or a political subdivision of a State may not adopt or enforce a law or regulation related to fuel economy standards or average fuel economy standards for automobiles covered by an average fuel economy standard under this chapter.

(b) Requirements Must Be Identical.—When a requirement under section 32908 of this title is in effect, a State or a political subdivision of a State may adopt or enforce a law or regulation on disclosure of fuel economy or fuel operating costs for an automobile covered by section 32908 only if the law or regulation is identical to that requirement.

(c) State and Political Subdivision Automobiles.—A State or a political subdivision of a State may prescribe requirements for fuel economy for automobiles obtained for its own use.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1075, §32918; renumbered §32919, Pub. L. 103–429, §6(43)(A), Oct. 31, 1994, 108 Stat. 4382.)

Historical and Revision Notes

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

32918
15:2009.
Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §509; added Dec. 22, 1975, Pub. L. 94–163, §301, 89 Stat. 914.

In subsection (a), the word "prescribed" is substituted for "established" for consistency.

Editorial Notes

Amendments

1994—Pub. L. 103–429 renumbered section 32918 of this title as this section.
49 U.S.C. § 355 (2024) — Title 49: TRANSPORTATION / Chapter 3 / Subchapter III / Section 355: Motorcyclist Advisory Council
Motorcyclist Advisory Council
Status: in_force

(a) Establishment.—Not later than 90 days after the date of enactment of this section, the Secretary of Transportation (referred to in this section as the "Secretary") shall establish a council, to be known as the "Motorcyclist Advisory Council" (referred to in this section as the "Council").

(b) Membership.—

(1) In general.—The Council shall be comprised of 13 members, to be appointed by the Secretary, of whom—

(A) 5 shall be representatives of units of State or local government with expertise relating to highway engineering and safety issues, including—

(i) motorcycle and motorcyclist safety;

(ii) barrier and road design, construction, and maintenance; or

(iii) intelligent transportation systems;

(B) 1 shall be a motorcyclist who serves as a State or local—

(i) traffic and safety engineer;

(ii) design engineer; or

(iii) other transportation department official;

(C) 1 shall be a representative of a national association of State transportation officials;

(D) 1 shall be a representative of a national motorcyclist association;

(E) 1 shall be a representative of a national motorcyclist foundation;

(F) 1 shall be a representative of a national motorcycle manufacturing association;

(G) 1 shall be a representative of a motorcycle manufacturing company headquartered in the United States;

(H) 1 shall be a roadway safety data expert with expertise relating to crash testing and analysis; and

(I) 1 shall be a member of a national safety organization that represents the traffic safety systems industry.

(2) Term.—

(A) In general.—Subject to subparagraphs (B) and (C), each member shall serve on the Council for a single term of 2 years.

(B) Additional term.—If a successor is not appointed for a member of the Council before the expiration of the term of service of the member, the member may serve on the Council for a second term of not longer than 2 years.

(C) Appointment of replacements.—If a member of the Council resigns before the expiration of the 2-year term of service of the member—

(i) the Secretary may appoint a replacement for the member, who shall serve the remaining portion of the term; and

(ii) the resigning member may continue to serve after resignation until the date on which a successor is appointed.

(3) Vacancies.—A vacancy on the Council shall be filled in the manner in which the original appointment was made.

(4) Compensation.—A member of the Council shall serve without compensation.

(c) Duties.—

(1) Advising.—The Council shall advise the Secretary, the Administrator of the National Highway Traffic Safety Administration, and the Administrator of the Federal Highway Administration regarding transportation safety issues of concern to motorcyclists, including—

(A) motorcycle and motorcyclist safety;

(B) barrier and road design, construction, and maintenance practices; and

(C) the architecture and implementation of intelligent transportation system technologies.

(2) Biennial report.—Not later than October 31 of the calendar year following the calendar year in which the Council is established, and not less frequently than once every 2 years thereafter, the Council shall submit to the Secretary a report containing recommendations of the Council regarding the issues described in paragraph (1).

(d) Duties of Secretary.—

(1) Council recommendations.—

(A) In general.—The Secretary shall determine whether to accept or reject a recommendation contained in a report of the Council under subsection (c)(2).

(B) Inclusion in review.—

(i) In general.—The Secretary shall indicate in each review under paragraph (2) whether the Secretary accepts or rejects each recommendation of the Council covered by the review.

(ii) Exception.—The Secretary may indicate in a review under paragraph (2) that a recommendation of the Council is under consideration, subject to the condition that a recommendation so under consideration shall be accepted or rejected by the Secretary in the subsequent review of the Secretary under paragraph (2).

(2) Review.—

(A) In general.—Not later than 60 days after the date on which the Secretary receives a report from the Council under subsection (c)(2), the Secretary shall submit a review describing the response of the Secretary to the recommendations of the Council contained in the Council report to—

(i) the Committee on Commerce, Science, and Transportation of the Senate;

(ii) the Committee on Environment and Public Works of the Senate;

(iii) the Subcommittee on Transportation, Housing and Urban Development, and Related Agencies of the Committee on Appropriations of the Senate;

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

(v) the Subcommittee on Transportation, Housing and Urban Development, and Related Agencies of the Committee on Appropriations of the House of Representatives.

(B) Contents.—A review of the Secretary under this paragraph shall include a description of—

(i) each recommendation contained in the Council report covered by the review; and

(ii)(I) each recommendation of the Council that was categorized under paragraph (1)(B)(ii) as being under consideration by the Secretary in the preceding review submitted under this paragraph; and

(II) for each such recommendation, whether the recommendation—

(aa) is accepted or rejected by the Secretary; or

(bb) remains under consideration by the Secretary.

(3) Administrative and technical support.—The Secretary shall provide to the Council such administrative support, staff, and technical assistance as the Secretary determines to be necessary to carry out the duties of the Council under this section.

(e) Termination.—The Council shall terminate on the date that is 6 years after the date on which the Council is established under subsection (a).

(Added Pub. L. 117–58, div. B, title IV, §24111(a), Nov. 15, 2021, 135 Stat. 812.)

Editorial Notes

References in Text

The date of enactment of this section, referred to in subsec. (a), is the date of enactment of Pub. L. 117–58, which was approved Nov. 15, 2021.
49 U.S.C. § 15502 (2024) — Title 49: TRANSPORTATION / Chapter 155 / Section 15502: Authority for pipeline carriers to establish rates, classifications, rules, and practices
Authority for pipeline carriers to establish rates, classifications, rules, and practices
Status: in_force

A pipeline carrier providing transportation or service subject to this part shall establish—

(1) rates and classifications for transportation and service it may provide under this part; and

(2) rules and practices on matters related to that transportation or service.

(Added Pub. L. 104–88, title I, §106(a), Dec. 29, 1995, 109 Stat. 923.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 10702 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).

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. § 20304 (2024) — Title 49: TRANSPORTATION / Chapter 203 / Section 20304: Assumption of risk by employees
Assumption of risk by employees
Status: in_force

An employee of a railroad carrier injured by a vehicle or train used in violation of section 20302(a)(1)(A), (2), (4), or (5)(A) of this title does not assume the risk of injury resulting from the violation, even if the employee continues to be employed by the carrier after learning of the violation.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 883.)

Historical and Revision Notes

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

20304 
45:7. 
Mar. 2, 1893, ch. 196, §8, 27 Stat. 532; June 22, 1988, Pub. L. 100–342, §13(1)(H), 102 Stat. 631.

  
45:8 (words before 16th comma). 
Mar. 2, 1903, ch. 976, §1 (words before 23d comma), 32 Stat. 943; June 22, 1988, Pub. L. 100–342, §13(2)(A), 102 Stat. 631.

The words "after learning of the violation" are substituted for "after the unlawful use of such locomotive, car, or train had been brought to his knowledge" in 45:7 for clarity.
49 U.S.C. § 24501 (2024) — Title 49: TRANSPORTATION / Chapter 245 / Section 24501: Repealed. Pub. L. 105-134, title I, §106(a), Dec. 2, 1997, 111 Stat. 2573
Repealed. Pub. L. 105-134, title I, §106(a), Dec. 2, 1997, 111 Stat. 2573
Status: repealed

[§§24501 to 24506. Repealed. Pub. L. 105–134, title I, §106(a), Dec. 2, 1997, 111 Stat. 2573]

Section 24501, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 919; Pub. L. 103–429, §6(21), Oct. 31, 1994, 108 Stat. 4379; Pub. L. 104–88, title III, §308(h), Dec. 29, 1995, 109 Stat. 947, related to status of Amtrak Commuter and applicable laws.

Section 24502, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 920, related to board of directors of Amtrak Commuter.

Section 24503, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 921, related to appointment and service of officers of Amtrak Commuter.

Section 24504, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 921, related to general authority of Amtrak Commuter.

Section 24505, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 921, related to Amtrak's rights and responsibilities as relating to commuter rail passenger transportation.

Section 24506, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 922, provided that certain powers and duties of Consolidated Rail Corporation were not affected by this chapter.

Statutory Notes and Related Subsidiaries

Trackage Rights Not Affected

Pub. L. 105–134, title I, §106(c), Dec. 2, 1997, 111 Stat. 2573, provided that: "The repeal of chapter 245 of title 49, United States Code, by subsection (a) of this section is without prejudice to the retention of trackage rights over property owned or leased by commuter authorities."
49 U.S.C. § 42111 (2024) — Title 49: TRANSPORTATION / Chapter 421 / Subchapter II / Section 42111: Mutual aid agreements
Mutual aid agreements
Status: in_force

An air carrier that will receive payments from another air carrier under an agreement between the air carriers for the time the one air carrier is not providing foreign air transportation, or is providing reduced levels of foreign air transportation, because of a labor strike must file a true copy of the agreement with the Secretary of Transportation and have it approved by the Secretary under section 41309 of this title. Notwithstanding section 41309, the Secretary shall approve the agreement only if it provides that—

(1) the air carrier will receive payments of not more than 60 percent of direct operating expenses, including interest expenses, but not depreciation or amortization expenses;

(2) benefits may be paid for not more than 8 weeks, and may not be for losses incurred during the first 30 days of a strike; and

(3) on request of the striking employees, the dispute will be submitted to binding arbitration under the Railway Labor Act (45 U.S.C. 151 et seq.).

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1160.)

Historical and Revision Notes

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

42111
49 App.:1382(c).
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §412(c); added Oct. 24, 1978, Pub. L. 95–504, §29(a), 92 Stat. 1730; Feb. 15, 1980, Pub. L. 96–192, §11(2), 94 Stat. 39; Oct. 4, 1984, Pub. L. 98–443, §9(s), 98 Stat. 1708.

  
49 App.:1551(b)(1)(C) (related to 49 App.:1382(c)).
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(C) (related to §412(c)); added Oct. 24, 1978, Pub. L. 95–504, §40(a), 92 Stat. 1745; Oct. 14, 1982, Pub. L. 97–309, §4(b), 96 Stat. 1454; Oct. 4, 1984, Pub. L. 98–443, §3(a), 98 Stat. 1703.

In this section, before clause (1), the text of 49 App.:1382(c)(1) is omitted as executed. The words "For purposes of this subsection, the term . . . (A) 'mutual aid agreement' means" are omitted because of the restatement. The words "contract or", "which are parties to such contract or agreement", and "during which" are omitted as surplus. The word "providing" is substituted for "engaging in" for consistency. The words "service in" are omitted as surplus. The words "No air carrier shall enter into any mutual aid agreement with any other air carrier" are omitted as surplus. In clause (1), the words "For purposes of this subsection, the term . . .  (B) 'direct operating expenses' includes" are omitted because of the restatement. The words "for any period" and "during such period" are omitted as surplus. In clause (2), the words "under the agreement" and "during any labor strike" are omitted as surplus.

Editorial Notes

References in Text

The Railway Labor Act, referred to in par. (3), 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.
49 U.S.C. § 44742 (2024) — Title 49: TRANSPORTATION / Chapter 447 / Section 44742: Interference with the duties of organization designation authorization unit members
Interference with the duties of organization designation authorization unit members
Status: in_force

(a) In General.—The Administrator of the Federal Aviation Administration shall continuously seek to eliminate or minimize interference by an ODA holder that affects the performance of authorized functions by ODA unit members.

(b) Prohibition.—

(1) In general.—It shall be unlawful for any individual who is a supervisory employee of an ODA holder that manufactures a transport category airplane to commit an act of interference with an ODA unit member's performance of authorized functions.

(2) Civil penalty.—

(A) Individuals.—An individual shall be subject to a civil penalty under section 46301(a)(1) for each violation under paragraph (1).

(B) Savings clause.—Nothing in this paragraph shall be construed as limiting or constricting any other authority of the Administrator to pursue an enforcement action against an individual or organization for violation of applicable Federal laws or regulations of the Administration.

(c) Reporting.—

(1) Reports to oda holder.—An ODA unit member of an ODA holder that manufactures a transport category airplane shall promptly report any instances of interference to the office of the ODA holder that is designated to receive such reports.

(2) Reports to the faa.—

(A) In general.—The ODA holder office described in paragraph (1) shall investigate reports and submit to the office of the Administration designated by the Administrator to accept and review such reports any instances of interference reported under paragraph (1).

(B) Contents.—The Administrator shall prescribe parameters for the submission of reports to the Administration under this paragraph, including the manner, time, and form of submission. Such report shall include the results of any investigation conducted by the ODA holder in response to a report of interference, a description of any action taken by the ODA holder as a result of the report of interference, and any other information or potentially mitigating factors the ODA holder or the Administrator deems appropriate.

(d) Definitions.—

(1) General applicability.—The definitions contained in section 44736(c) shall apply to this section.

(2) Interference.—In this section, the term "interference" means—

(A) blatant or egregious statements or behavior, such as harassment, beratement, or threats, that a reasonable person would conclude was intended to improperly influence or prejudice an ODA unit member's performance of his or her duties; or

(B) the presence of non-ODA unit duties or activities that conflict with the performance of authorized functions by ODA unit members.

(Added Pub. L. 116–260, div. V, title I, §107(a), Dec. 27, 2020, 134 Stat. 2323.)
49 U.S.C. § 20170 (2024) — Title 49: TRANSPORTATION / Chapter 201 / Subchapter II / Section 20170: Pre-revenue service safety validation plan
Pre-revenue service safety validation plan
Status: in_force

(a) Plan Submission.—Any railroad providing new, regularly scheduled, intercity or commuter rail passenger transportation, an extension of existing service, or a renewal of service that has been discontinued for more than 180 days shall develop and submit for review a comprehensive pre-revenue service safety validation plan to the Secretary of Transportation not later than 60 days before initiating such revenue service. Such plan shall include pertinent safety milestones and a minimum period of simulated revenue service to ensure operational readiness and that all safety sensitive personnel are properly trained and qualified.

(b) Compliance.—After submitting a plan pursuant to subsection (a), the railroad shall adopt and comply with such plan and may not amend the plan without first notifying the Secretary of the proposed amendment. Revenue service may not begin until the railroad has completed the requirements of its plan, including the minimum simulated service period required by the plan.

(c) Rulemaking.—The Secretary shall promulgate regulations to carry out this section, including—

(1) requiring that any identified safety deficiencies be addressed and corrected before the initiation of revenue service; and

(2) establishing appropriate deadlines to enable the Secretary to review and approve the pre-revenue service safety validation plan to ensure that service is not unduly delayed.

(Added Pub. L. 117–58, div. B, title II, §22416(a), Nov. 15, 2021, 135 Stat. 747.)
49 U.S.C. § 11122 (2024) — Title 49: TRANSPORTATION / Chapter 111 / Subchapter II / Section 11122: Compensation and practice
Compensation and practice
Status: in_force

(a) The regulations of the Board on car service shall encourage the purchase, acquisition, and efficient use of freight cars. The regulations may include—

(1) the compensation to be paid for the use of a locomotive, freight car, or other vehicle;

(2) the other terms of any arrangement for the use by a rail carrier of a locomotive, freight car, or other vehicle not owned by the rail carrier using the locomotive, freight car, or other vehicle, whether or not owned by another carrier, shipper, or third person; and

(3) sanctions for nonobservance.

(b) The rate of compensation to be paid for each type of freight car shall be determined by the expense of owning and maintaining that type of freight car, including a fair return on its cost giving consideration to current costs of capital, repairs, materials, parts, and labor. In determining the rate of compensation, the Board shall consider the transportation use of each type of freight car, the national level of ownership of each type of freight car, and other factors that affect the adequacy of the national freight car supply.

(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 832.)

Editorial Notes

Prior Provisions

A prior section 11122, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1421; Pub. L. 96–448, title II, §224(a), Oct. 14, 1980, 94 Stat. 1929, related to use of and compensation for freight cars, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).

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. § 10741 (2024) — Title 49: TRANSPORTATION / Chapter 107 / Subchapter III / Section 10741: Prohibitions against discrimination by rail carriers
Prohibitions against discrimination by rail carriers
Status: in_force

(a)(1) A rail carrier providing transportation or service subject to the jurisdiction of the Board under this part may not subject a person, place, port, or type of traffic to unreasonable discrimination.

(2) For purposes of this section, a rail carrier engages in unreasonable discrimination when it charges or receives from a person a different compensation for a service rendered, or to be rendered, in transportation the rail carrier may perform under this part than it charges or receives from another person for performing a like and contemporaneous service in the transportation of a like kind of traffic under substantially similar circumstances.

(b) This section shall not apply to—

(1) contracts described in section 10709 of this title;

(2) rail rates applicable to different routes; or

(3) discrimination against the traffic of another carrier providing transportation by any mode.

(c) Differences between rates, classifications, rules, and practices of rail carriers do not constitute a violation of this section if such differences result from different services provided by rail carriers.

(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 819.)

Editorial Notes

Prior Provisions

A prior section 10741, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1390; Pub. L. 96–296, §33(d), July 1, 1980, 94 Stat. 825; Pub. L. 96–448, title II, §212, Oct. 14, 1980, 94 Stat. 1912; Pub. L. 99–521, §7(h), Oct. 22, 1986, 100 Stat. 2995, related to prohibitions against discrimination by common carriers, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a). See sections 10741 and 15505 of this title.

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. § 24906 (2024) — Title 49: TRANSPORTATION / Chapter 249 / Section 24906: Eliminating highway at-grade crossings
Eliminating highway at-grade crossings
Status: in_force

(a) Plan.—In consultation with the States on the main line of the Northeast Corridor, the Secretary of Transportation shall develop a plan not later than September 30, 1993, to eliminate all highway at-grade crossings of the main line by not later than December 31, 1997. The plan may provide that eliminating a crossing is not required if—

(1) impracticable or unnecessary; and

(2) using the crossing is consistent with conditions the Secretary considers appropriate to ensure safety.

(b) Amtrak's Share of Costs.—Amtrak shall pay 20 percent of the cost of eliminating each highway at-grade crossing under the plan.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 936.)

Historical and Revision Notes

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

24906(a)
45:650(a), (b).
Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §811; added Oct. 27, 1992, Pub. L. 102–533, §2, 106 Stat. 3515.

24906(b)
45:650(c).
49 U.S.C. § 15302 (2024) — Title 49: TRANSPORTATION / Chapter 153 / Section 15302: Authority to exempt pipeline carrier transportation
Authority to exempt pipeline carrier transportation
Status: in_force

(a) In General—In a matter related to a pipeline carrier providing transportation subject to jurisdiction under this chapter, the Board shall exempt a person, class of persons, or a transaction or service when the Board finds that the application, in whole or in part, of a provision of this part—

(1) is not necessary to carry out the transportation policy of section 15101; and

(2) either (A) the transaction or service is of limited scope, or (B) the application, in whole or in part, of the provision is not needed to protect shippers from the abuse of market power.

(b) Initiation of Proceeding.—The Board may, where appropriate, begin a proceeding under this section on its own initiative or an interested party.

(c) Period of Exemption.—The Board may specify the period of time during which an exemption granted under this section is effective.

(d) Revocation.—The Board may revoke an exemption, to the extent it specifies, when it finds that application, in whole or in part, of a provision of this part to the person, class, or transportation is necessary to carry out the transportation policy of section 15101.

(Added Pub. L. 104–88, title I, §106(a), Dec. 29, 1995, 109 Stat. 923.)

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. § 1133 (2024) — Title 49: TRANSPORTATION / Chapter 11 / Subchapter III / Section 1133: Review of other agency action
Review of other agency action
Status: in_force

The National Transportation Safety Board shall review on appeal—

(1) the denial, amendment, modification, suspension, or revocation of a certificate issued by the Secretary of Transportation under section 44703, 44709, or 44710 of this title;

(2) the revocation of a certificate of registration under section 44106 of this title;

(3) a decision of the head of the department in which the Coast Guard is operating on an appeal from the decision of an administrative law judge denying, revoking, or suspending a license, certificate, document, or register in a proceeding under section 6101, 6301, or 7503, chapter 77, or section 9303 of title 46; and

(4) under section 46301(d)(5) of this title, an order imposing a penalty under section 46301.

(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 754.)

Historical and Revision Notes

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

1133(1)–(3) 
49 App.:1903(a)(9). 
Jan. 3, 1975, Pub. L. 93–633, §304(a)(9), 88 Stat. 2169; Oct. 19, 1984, Pub. L. 98–499, §4(b), 98 Stat. 2315.

1133(4) 
(no source).

In clause (1), the word "certificate" is substituted for "operating certificate" for consistency in the revised title. The words "or license" are omitted as unnecessary because only certificates are issued under the sections cited in this section.

In clause (3), the words "head of the department in which the Coast Guard is operating" are substituted for "Commandant of the Coast Guard" for consistency with 14:5 and 46:2101(34).

Clause (4) is added to reflect all the appellate responsibilities of the National Transportation Safety Board.

Statutory Notes and Related Subsidiaries

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.