49 U.S.C. § 30102 (2024) — Title 49: TRANSPORTATION / Chapter 301 / Subchapter I / Section 30102: Definitions
Definitions
Status: in_force

(a) General Definitions.—In this chapter—

(1) "covered rental vehicle" means a motor vehicle that—

(A) has a gross vehicle weight rating of 10,000 pounds or less;

(B) is rented without a driver for an initial term of less than 4 months; and

(C) is part of a motor vehicle fleet of 35 or more motor vehicles that are used for rental purposes by a rental company.

(2) "dealer" means a person selling and distributing new motor vehicles or motor vehicle equipment primarily to purchasers that in good faith purchase the vehicles or equipment other than for resale.

(3) "defect" includes any defect in performance, construction, a component, or material of a motor vehicle or motor vehicle equipment.

(4) "distributor" means a person primarily selling and distributing motor vehicles or motor vehicle equipment for resale.

(5) "interstate commerce" means commerce between a place in a State and a place in another State or between places in the same State through another State.

(6) "manufacturer" means a person—

(A) manufacturing or assembling motor vehicles or motor vehicle equipment; or

(B) importing motor vehicles or motor vehicle equipment for resale.

(7) "motor vehicle" means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public streets, roads, and highways, but does not include a vehicle operated only on a rail line.

(8) "motor vehicle equipment" means—

(A) any system, part, or component of a motor vehicle as originally manufactured;

(B) any similar part or component manufactured or sold for replacement or improvement of a system, part, or component, or as an accessory or addition to a motor vehicle; or

(C) any device or an article or apparel, including a motorcycle helmet and excluding medicine or eyeglasses prescribed by a licensed practitioner, that—

(i) is not a system, part, or component of a motor vehicle; and

(ii) is manufactured, sold, delivered, or offered to be sold for use on public streets, roads, and highways with the apparent purpose of safeguarding users of motor vehicles against risk of accident, injury, or death.

(9) "motor vehicle safety" means the performance of a motor vehicle or motor vehicle equipment in a way that protects the public against unreasonable risk of accidents occurring because of the design, construction, or performance of a motor vehicle, and against unreasonable risk of death or injury in an accident, and includes nonoperational safety of a motor vehicle.

(10) "motor vehicle safety standard" means a minimum standard for motor vehicle or motor vehicle equipment performance.

(11) "rental company" means a person who—

(A) is engaged in the business of renting covered rental vehicles; and

(B) uses for rental purposes a motor vehicle fleet of 35 or more covered rental vehicles, on average, during the calendar year.

(12) "State" means a State of the United States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, Guam, American Samoa, and the Virgin Islands.

(13) "United States district court" means a district court of the United States, a United States court for Guam, the Virgin Islands, and American Samoa, and the district court for the Northern Mariana Islands.

(b) Limited Definitions.—(1) In sections 30117(b), 30118–30121, and 30166(f) of this title—

(A) "adequate repair" does not include repair resulting in substantially impaired operation of a motor vehicle or motor vehicle equipment;

(B) "first purchaser" means the first purchaser of a motor vehicle or motor vehicle equipment other than for resale;

(C) "original equipment" means motor vehicle equipment (including a tire) installed in or on a motor vehicle at the time of delivery to the first purchaser;

(D) "replacement equipment" means motor vehicle equipment (including a tire) that is not original equipment;

(E) a brand name owner of a tire marketed under a brand name not owned by the manufacturer of the tire is deemed to be the manufacturer of the tire;

(F) a defect in original equipment, or noncompliance of original equipment with a motor vehicle safety standard prescribed under this chapter, is deemed to be a defect or noncompliance of the motor vehicle in or on which the equipment was installed at the time of delivery to the first purchaser;

(G) a manufacturer of a motor vehicle in or on which original equipment was installed when delivered to the first purchaser is deemed to be the manufacturer of the equipment; and

(H) a retreader of a tire is deemed to be the manufacturer of the tire.

(2) The Secretary of Transportation may prescribe regulations changing paragraph (1)(C), (D), (F), or (G) of this subsection.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 941; Pub. L. 112–141, div. C, title I, §31201, July 6, 2012, 126 Stat. 757; Pub. L. 114–94, div. B, title XXIV, §24109(b), Dec. 4, 2015, 129 Stat. 1706.)

Historical and Revision Notes

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

30102(a)(1)
15:1391(7).
Sept. 9, 1966, Pub. L. 89–563, §102(1)–(3), (5)–(9), (11), (12), 80 Stat. 718, 719.

  
15:1391(10).
Sept. 9, 1966, Pub. L. 89–563, §102(10), 80 Stat. 718; restated Oct. 27, 1974, Pub. L. 93–492, §110(a), 88 Stat. 1484.

  
49 App.:1655(a)(6)(A).
Oct. 15, 1966, Pub. L. 89–670, §6(a)(6)(A), 80 Stat. 938.

30102(a)(2)
15:1391(11).

30102(a)(3)
15:1391(6).

30102(a)(4)
15:1391(9).

30102(a)(5)
15:1391(5).

30102(a)(6)
15:1391(3).

30102(a)(7)
15:1391(4).
Sept. 9, 1966, Pub. L. 89–563, §102(4), 80 Stat. 718; restated May 22, 1970, Pub. L. 91–265, §2, 84 Stat. 262.

30102(a)(8)
15:1391(1).

30102(a)(9)
15:1391(2).

30102(a)(10)
15:1391(8).

30102(a)(11)
15:1391(12).

30102(b)
15:1419.
Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, §159; added Oct. 27, 1974, Pub. L. 93–492, §102(a), 88 Stat. 1476.

In subsection (a), the definitions apply to the entire chapter because of references in 15:1421–1431 applying 15:1391–1420 to 15:1421–1431. Before clause (1), the words "As used" are omitted as surplus. In clause (1), the text of 15:1391(10) and 49 App.:1655(a)(6)(A) is omitted as surplus because the complete name of the Secretary of Transportation is used the first time the term appears in a section. The words "selling and distributing" are substituted for "who is engaged in the sale and distribution of" to eliminate unnecessary words. The word "purposes" is omitted as surplus. In clause (3), the words "selling and distributing" are substituted for "engaged in the sale and distribution of" to eliminate unnecessary words. In clause (5)(A), the words "manufacturing or assembling" are substituted for "engaged in the manufacturing or assembling of" to eliminate unnecessary words. In clause (7), the words "physician or other duly" and "drivers, passengers, and other" are omitted as surplus. In clause (8), the words "is also protected" and "to persons" are omitted as unnecessary. In clause (9), the words "which is practicable, which meets the need for motor vehicle safety and which provides objective criteria" are omitted as unnecessary because of 15:1392(a) which is restated in section 30111 of the revised title. In clauses (10) and (11), the words "the Northern Mariana Islands" are added because of section 502(a)(2) of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, as enacted by the Act of March 24, 1976 (Public Law 94–241, 90 Stat. 268), and as proclaimed to be in effect by the President on January 9, 1978 (Proc. No. 4534, Oct. 24, 1977, 42 F.R. 56593). The words "the Canal Zone" are omitted because of the Panama Canal Treaty of 1977. In clause (10), the word "means" is substituted for "includes" as being more appropriate. The words "a State of the United States" are substituted for "each of the several States" for consistency. The words "the Commonwealth of" are omitted as surplus. In clause (11), the word "Federal" is omitted as surplus. The words "of the Commonwealth of Puerto Rico" are omitted as unnecessary because the district court of Puerto Rico is a district court of the United States under 28:119.

In subsection (b)(1), before clause (A), the words "The term" and "the term" are omitted as surplus. In clause (B), the words "of a motor vehicle or motor vehicle equipment" are added for clarity. In clause (E), the words "to be" are added for consistency. The words "marketed under such brand name" are omitted as surplus. In clause (F), the words "a motor vehicle safety standard prescribed under this chapter" are added for clarity and consistency. The word "noncompliance" is substituted for "failure to comply" for consistency in the chapter. In clause (G), the words "(rather than the manufacturer of such equipment)" are omitted as surplus. The words "deemed to be" are substituted for "considered" for consistency. In clause (H), the words "which have been" are omitted as surplus.

Subsection (b)(2) is substituted for "Except as otherwise provided in regulations of the Secretary" for clarity and because of the restatement.

Editorial Notes

Amendments

2015—Subsec. (a)(1). Pub. L. 114–94, §24109(b)(3), added par. (1). Former par. (1) redesignated (2).

Subsec. (a)(2) to (10). Pub. L. 114–94, §24109(b)(2), redesignated pars. (1) to (9) as (2) to (10), respectively. Former par. (10) redesignated (12).

Subsec. (a)(11). Pub. L. 114–94, §24109(b)(4), added par. (11). Former par. (11) redesignated (13).

Subsec. (a)(12), (13). Pub. L. 114–94, §24109(b)(1), redesignated pars. (10) and (11) as (12) and (13), respectively.

2012—Subsec. (a)(7)(C). Pub. L. 112–141 amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: "any device or an article or apparel (except medicine or eyeglasses prescribed by a licensed practitioner) that is not a system, part, or component of a motor vehicle and is manufactured, sold, delivered, offered, or intended to be used only to safeguard motor vehicles and highway users against risk of accident, injury, or death."

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

Pub. L. 114–94, div. B, title XXIV, §24109(k), Dec. 4, 2015, 129 Stat. 1709, provided that: "The amendments made by this section [amending this section and sections 30120, 30122, and 30166 of this title] shall take effect on the date that is 180 days after the date of enactment of this Act [Dec. 4, 2015]."

Effective Date of 2012 Amendment

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

Rule of Construction

Pub. L. 114–94, div. B, title XXIV, §24109(i), Dec. 4, 2015, 129 Stat. 1708, provided that: "Nothing in this section [amending this section and sections 30120, 30122, and 30166 of this title and enacting provisions set out as notes under this section and section 30101 of this title] or the amendments made by this section—

"(1) may be construed to create or increase any liability, including for loss of use, for a manufacturer as a result of having manufactured or imported a motor vehicle subject to a notification of defect or noncompliance under subsection (b) or (c) of section 30118 of title 49, United States Code; or

"(2) shall supersede or otherwise affect the contractual obligations, if any, between such a manufacturer and a rental company (as defined in section 30102(a) of title 49, United States Code)."

Rulemaking

Pub. L. 114–94, div. B, title XXIV, §24109(j), Dec. 4, 2015, 129 Stat. 1708, provided that: "The Secretary [probably means Secretary of Transportation] may promulgate rules, as appropriate, to implement this section [amending this section and sections 30120, 30122, and 30166 of this title and enacting provisions set out as notes under this section and section 30101 of this title] and the amendments made by this section."

Low-Speed Electric Bicycles

Pub. L. 107–319, §2, Dec. 4, 2002, 116 Stat. 2776, provided that: "For purposes of motor vehicle safety standards issued and enforced pursuant to chapter 301 of title 49, United States Code, a low-speed electric bicycle (as defined in section 38(b) of the Consumer Product Safety Act [15 U.S.C. 2085(b)]) shall not be considered a motor vehicle as defined by section 30102[(a)](6) [now 30102(a)(7)] of title 49, United States Code."
49 U.S.C. § 5307 (2024) — Title 49: TRANSPORTATION / Chapter 53 / Section 5307: Urbanized area formula grants
Urbanized area formula grants
Status: in_force

(a) General Authority.—

(1) Grants.—The Secretary may make grants under this section for—

(A) capital projects;

(B) planning;

(C) job access and reverse commute projects; and

(D) operating costs of equipment and facilities for use in public transportation in an urbanized area with a population of fewer than 200,000 individuals, as determined by the Bureau of the Census.

(2) The Secretary may make grants under this section to finance the operating cost of equipment and facilities for use in public transportation, excluding rail fixed guideway, in an urbanized area with a population of not fewer than 200,000 individuals, as determined by the Bureau of the Census—

(A) for public transportation systems that—

(i) operate 75 or fewer buses in fixed route service or demand response service, excluding ADA complementary paratransit service, during peak service hours, in an amount not to exceed 75 percent of the share of the apportionment which is attributable to such systems within the urbanized area, as measured by vehicle revenue hours; or

(ii) operate a minimum of 76 buses and a maximum of 100 buses in fixed route service or demand response service, excluding ADA complementary paratransit service, during peak service hours, in an amount not to exceed 50 percent of the share of the apportionment which is attributable to such systems within the urbanized area, as measured by vehicle revenue hours; or

(B) subject to paragraph (3), for public transportation systems that—

(i) operate 75 or fewer buses in fixed route service or demand response service, excluding ADA complementary paratransit service, during peak service hours, in an amount not to exceed 75 percent of the share of the apportionment allocated to such systems within the urbanized area, as determined by the local planning process and included in the designated recipient's final program of projects prepared under subsection (b); or

(ii) operate a minimum of 76 buses and a maximum of 100 buses in fixed route service or demand response service, excluding ADA complementary paratransit service during peak service hours, in an amount not to exceed 50 percent of the share of the apportionment allocated to such systems within the urbanized area, as determined by the local planning process and included in the designated recipient's final program of projects prepared under subsection (b).

(3) The amount available to a public transportation system under subparagraph (B) of paragraph (2) shall be not more than 10 percent greater than the amount that would otherwise be available to the system under subparagraph (A) of that paragraph.

(b) Program of Projects.—Each recipient of a grant shall—

(1) make available to the public information on amounts available to the recipient under this section;

(2) develop, in consultation with interested parties, including private transportation providers, a proposed program of projects for activities to be financed;

(3) publish a proposed program of projects in a way that affected individuals, private transportation providers, and local elected officials have the opportunity to examine the proposed program and submit comments on the proposed program and the performance of the recipient;

(4) provide an opportunity for a public hearing in which to obtain the views of individuals on the proposed program of projects;

(5) ensure that the proposed program of projects provides for the coordination of public transportation services assisted under section 5336 of this title with transportation services assisted from other United States Government sources;

(6) consider comments and views received, especially those of private transportation providers, in preparing the final program of projects; and

(7) make the final program of projects available to the public.

(c) Grant Recipient Requirements.—A recipient may receive a grant in a fiscal year only if—

(1) the recipient, within the time the Secretary prescribes, submits a final program of projects prepared under subsection (b) of this section and a certification for that fiscal year that the recipient (including a person receiving amounts from a Governor under this section)—

(A) has or will have the legal, financial, and technical capacity to carry out the program, including safety and security aspects of the program;

(B) has or will have satisfactory continuing control over the use of equipment and facilities;

(C) will maintain equipment and facilities in accordance with the recipient's transit asset management plan;

(D) will ensure that, during non-peak hours for transportation using or involving a facility or equipment of a project financed under this section, a fare that is not more than 50 percent of the peak hour fare will be charged for any—

(i) senior;

(ii) individual who, because of illness, injury, age, congenital malfunction, or other incapacity or temporary or permanent disability (including an individual who is a wheelchair user or has semiambulatory capability), cannot use a public transportation service or a public transportation facility effectively without special facilities, planning, or design; and

(iii) individual presenting a Medicare card issued to that individual under title II or XVIII of the Social Security Act (42 U.S.C. 401 et seq. and 1395 et seq.);

(E) in carrying out a procurement under this section, will comply with sections 5323 and 5325;

(F) has complied with subsection (b) of this section;

(G) has available and will provide the required amounts as provided by subsection (d) of this section;

(H) will comply with sections 5303 and 5304;

(I) has a locally developed process to solicit and consider public comment before raising a fare or carrying out a major reduction of transportation;

(J)(i) will expend for each fiscal year for public transportation security projects, including increased lighting in or adjacent to a public transportation system (including bus stops, subway stations, parking lots, and garages), increased camera surveillance of an area in or adjacent to that system, providing an emergency telephone line to contact law enforcement or security personnel in an area in or adjacent to that system, and any other project intended to increase the security and safety of an existing or planned public transportation system, at least 1 percent of the amount the recipient receives for each fiscal year under section 5336 of this title; or

(ii) has decided that the expenditure for security projects is not necessary;

(K) in the case of a recipient for an urbanized area with a population of not fewer than 200,000 individuals, as determined by the Bureau of the Census, will submit an annual report listing projects carried out in the preceding fiscal year under this section for associated transit improvements as defined in section 5302; and

(L) will comply with section 5329(d); and

(2) the Secretary accepts the certification.

(d) Government Share of Costs.—

(1) Capital projects.—A grant for a capital project under this section shall be for 80 percent of the net project cost of the project. The recipient may provide additional local matching amounts.

(2) Operating expenses.—A grant for operating expenses under this section may not exceed 50 percent of the net project cost of the project.

(3) Remaining costs.—Subject to paragraph (4), the remainder of the net project costs shall be provided—

(A) in cash from non-Government sources other than revenues from providing public transportation services;

(B) from revenues from the sale of advertising and concessions;

(C) from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, or new capital;

(D) from amounts appropriated or otherwise made available to a department or agency of the Government (other than the Department of Transportation) that are eligible to be expended for transportation; and

(E) from amounts received under a service agreement with a State or local social service agency or private social service organization.

(4) Use of certain funds.—For purposes of subparagraphs (D) and (E) of paragraph (3), the prohibitions on the use of funds for matching requirements under section 403(a)(5)(C)(vii) of the Social Security Act (42 U.S.C. 603(a)(5)(C)(vii)) shall not apply to Federal or State funds to be used for transportation purposes.

(e) Undertaking Projects in Advance.—

(1) Payment.—The Secretary may pay the Government share of the net project cost to a State or local governmental authority that carries out any part of a project eligible under subparagraph (A) or (B) of subsection (a)(1) without the aid of amounts of the Government and according to all applicable procedures and requirements if—

(A) the recipient applies for the payment;

(B) the Secretary approves the payment; and

(C) before carrying out any part of the project, the Secretary approves the plans and specifications for the part in the same way as for other projects under this section.

(2) Approval of application.—The Secretary may approve an application under paragraph (1) of this subsection only if an authorization for this section is in effect for the fiscal year to which the application applies. The Secretary may not approve an application if the payment will be more than—

(A) the recipient's expected apportionment under section 5336 of this title if the total amount authorized to be appropriated for the fiscal year to carry out this section is appropriated; less

(B) the maximum amount of the apportionment that may be made available for projects for operating expenses under this section.

(3) Financing costs.—

(A) In general.—The cost of carrying out part of a project includes the amount of interest earned and payable on bonds issued by the recipient to the extent proceeds of the bonds are expended in carrying out the part.

(B) Limitation on the amount of interest.—The amount of interest allowed under this paragraph may not be more than the most favorable financing terms reasonably available for the project at the time of borrowing.

(C) Certification.—The applicant shall certify, in a manner satisfactory to the Secretary, that the applicant has shown reasonable diligence in seeking the most favorable financing terms.

(f) Reviews, Audits, and Evaluations.—

(1) Annual review.—

(A) In general.—At least annually, the Secretary shall carry out, or require a recipient to have carried out independently, reviews and audits the Secretary considers appropriate to establish whether the recipient has carried out—

(i) the activities proposed under subsection (c) of this section in a timely and effective way and can continue to do so; and

(ii) those activities and its certifications and has used amounts of the Government in the way required by law.

(B) Auditing procedures.—An audit of the use of amounts of the Government shall comply with the auditing procedures of the Comptroller General.

(2) Triennial review.—At least once every 3 years, the Secretary shall review and evaluate completely the performance of a recipient in carrying out the recipient's program, specifically referring to compliance with statutory and administrative requirements and the extent to which actual program activities are consistent with the activities proposed under subsection (c) of this section and the planning process required under sections 5303, 5304, and 5305 of this title. To the extent practicable, the Secretary shall coordinate such reviews with any related State or local reviews.

(3) Actions resulting from review, audit, or evaluation.—The Secretary may take appropriate action consistent with a review, audit, and evaluation under this subsection, including making an appropriate adjustment in the amount of a grant or withdrawing the grant.

(g) Treatment.—For purposes of this section, the United States Virgin Islands shall be treated as an urbanized area, as defined in section 5302.

(h) Passenger Ferry Grants.—

(1) In general.—The Secretary may make grants under this subsection to recipients for passenger ferry projects that are eligible for a grant under subsection (a).

(2) Grant requirements.—Except as otherwise provided in this subsection, a grant under this subsection shall be subject to the same terms and conditions as a grant under subsection (a).

(3) Competitive process.—The Secretary shall solicit grant applications and make grants for eligible projects on a competitive basis.

(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 795; Pub. L. 103–429, §6(7), Oct. 31, 1994, 108 Stat. 4378; Pub. L. 104–287, §5(11), Oct. 11, 1996, 110 Stat. 3389; Pub. L. 105–178, title III, §3007(a)(1), (b)–(h), June 9, 1998, 112 Stat. 347, 348; Pub. L. 105–206, title IX, §9009(e), July 22, 1998, 112 Stat. 855; Pub. L. 107–232, §1, Oct. 1, 2002, 116 Stat. 1478; Pub. L. 108–88, §8(n), Sept. 30, 2003, 117 Stat. 1125; Pub. L. 108–202, §9(n), Feb. 29, 2004, 118 Stat. 488; Pub. L. 108–224, §7(n), Apr. 30, 2004, 118 Stat. 636; Pub. L. 108–263, §7(n), June 30, 2004, 118 Stat. 708; Pub. L. 108–280, §7(n), July 30, 2004, 118 Stat. 885; Pub. L. 108–310, §8(n), Sept. 30, 2004, 118 Stat. 1158; Pub. L. 109–14, §7(m), May 31, 2005, 119 Stat. 333; Pub. L. 109–20, §7(m), July 1, 2005, 119 Stat. 355; Pub. L. 109–35, §7(m), July 20, 2005, 119 Stat. 389; Pub. L. 109–37, §7(m), July 22, 2005, 119 Stat. 404; Pub. L. 109–40, §7(m), July 28, 2005, 119 Stat. 420; Pub. L. 109–59, title III, §§3002(b)(4), 3009(a)–(h), Aug. 10, 2005, 119 Stat. 1545, 1568–1571; Pub. L. 110–244, title II, §201(c), June 6, 2008, 122 Stat. 1609; Pub. L. 111–147, title IV, §432, Mar. 18, 2010, 124 Stat. 88; Pub. L. 111–322, title II, §2302, Dec. 22, 2010, 124 Stat. 3526; Pub. L. 112–5, title III, §302, Mar. 4, 2011, 125 Stat. 18; Pub. L. 112–30, title I, §132, Sept. 16, 2011, 125 Stat. 350; Pub. L. 112–102, title III, §302, Mar. 30, 2012, 126 Stat. 275; Pub. L. 112–140, title III, §302, June 29, 2012, 126 Stat. 396; Pub. L. 112–141, div. B, §20007, div. G, title III, §113002, July 6, 2012, 126 Stat. 652, 983; Pub. L. 114–94, div. A, title III, §3004, Dec. 4, 2015, 129 Stat. 1450; Pub. L. 115–31, div. K, title I, §165, May 5, 2017, 131 Stat. 749.)

Historical and Revision Notes
Pub. L. 103–272

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

5307(a)(1) 
49 App.:1607a(j)(1) (last sentence). 
July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(j)(1) (last sentence); added Jan. 6, 1983, Pub. L. 97–424, §303, 96 Stat. 2145; Apr. 2, 1987, Pub. L. 100–17, §§309(b)(1), (2), 327(b), 101 Stat. 227, 238.

5307(a)(2) 
49 App.:1607a(m)(1). 
July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(h), (i), (m)(1); added Jan. 6, 1983, Pub. L. 97–424, §303, 96 Stat. 2145, 2147; Apr. 2, 1987, Pub. L. 100–17, §327(b), 101 Stat. 238; Oct. 6, 1992, Pub. L. 102–388, §503(2), 106 Stat. 1567.

5307(b)(1) 
49 App.:1607a(j)(1) (1st sentence). 
July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(j)(1) (1st sentence); added Jan. 6, 1983, Pub. L. 97–424, §303, 96 Stat. 2145; Apr. 2, 1987, Pub. L. 100–17, §§309(b)(3), 327(b), 101 Stat. 227, 238.

5307(b)(2) 
49 App.:1607a(j)(1) (2d sentence). 
July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(j)(1) (2d sentence); added Dec. 18, 1991, Pub. L. 102–240, §3013(h)(1), 105 Stat. 2107.

5307(b)(3) 
49 App.:1607a(j)(1) (3d, 4th sentences). 
July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(j)(1) (3d, 4th sentences); added Apr. 2, 1987, Pub. L. 100–17, §308, 101 Stat. 226.

5307(b)(4) 
49 App.:1607a(j)(2). 
July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(j)(2); added Apr. 2, 1987, Pub. L. 100–17, §309(b)(4), 101 Stat. 227.

5307(b)(5) 
49 App.:1607a(j)(3). 
July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(j)(3); added Dec. 18, 1991, Pub. L. 102–240, §3013(h)(2), 105 Stat. 2107.

5307(c) 
49 App.:1607a(f). 
July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(f); added Jan. 6, 1983, Pub. L. 97–424, §303, 96 Stat. 2144; Apr. 2, 1987, Pub. L. 100–17, §327(b), 101 Stat. 238; Dec. 18, 1991, Pub. L. 102–240, §3013(g), 105 Stat. 2107.

5307(d)(1) 
49 App.:1607a(e)(2) (1st, last sentences). 
July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(e)(2); added Jan. 6, 1983, Pub. L. 97–424, §303, 96 Stat. 2143; Apr. 2, 1987, Pub. L. 100–17, §§312(a), 327(b), 101 Stat. 228, 238; Dec. 18, 1991, Pub. L. 102–240, §3013(d), 105 Stat. 2106.

  
49 App.:1607a(e)(3). 
July 9, 1964, Pub. L. 88–365, 78 Stat. 202, §9(e)(3); added Jan. 6, 1983, Pub. L. 97–424, §303, 96 Stat. 2143; Apr. 2, 1987, Pub. L. 100–17, §327(b), 101 Stat. 238; Dec. 18, 1991, Pub. L. 102–240, §3013(f), 105 Stat. 2106.

5307(d)(2) 
49 App.:1607a(e)(5). 
July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(e)(5); added Apr. 2, 1987, Pub. L. 100–17, §312(f)(1), 101 Stat. 229.

5307(e) 
49 App.:1607a(k)(1). 
July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(k)(1); added Jan. 6, 1983, Pub. L. 97–424, §303, 96 Stat. 2145; Apr. 2, 1987, Pub. L. 100–17, §§309(c), (d), (f), 312(b)(1), 327(b), 101 Stat. 227, 228, 238.

5307(f) 
49 App.:1607a (note). 
Nov. 21, 1989, Pub. L. 101–164, §334(c), 103 Stat. 1098.

5307(g) 
49 App.:1607a(p). 
July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(p); added Apr. 2, 1987, Pub. L. 100–17, §306(b), 101 Stat. 225.

5307(h) 
49 App.:1607a(e)(6). 
July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(e)(6); added Dec. 18, 1991, Pub. L. 102–240, §3013(e), 105 Stat. 2106.

5307(i) 
49 App.:1607a(g). 
July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(g); added Jan. 6, 1983, Pub. L. 97–424, §303, 96 Stat. 2144; Apr. 2, 1987, Pub. L. 100–17, §§312(f)(2), 327(b), 101 Stat. 229, 238.

5307(j) 
49 App.:1607a(e)(4). 
July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(e)(4); added Apr. 2, 1987, Pub. L. 100–17, §312(b)(2), 101 Stat. 228.

5307(k) 
49 App.:1607a(e)(2) (2d, 3d sentences).

5307(l) 
49 App.:1607a(i).

5307(m) 
49 App.:1607a(r). 
July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(r); added Dec. 18, 1991, Pub. L. 102–240, §3013(j), 105 Stat. 2107.

5307(n)(1) 
49 App.:1607a(h).

5307(n)(2) 
49 App.:1607a(e)(1). 
July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(e)(1); added Jan. 6, 1983, Pub. L. 97–424, §303, 96 Stat. 2143; Apr. 2, 1987, Pub. L. 100–17, §327(b), 101 Stat. 238; Dec. 18, 1991, Pub. L. 102–240, §3013(c), 105 Stat. 2106.

In subsection (a)(2)(A), the word "required" is omitted as surplus. The word "apportion" is substituted for "dispense" for consistency in this chapter. The word "appropriated" is omitted for clarity.

In subsection (a)(2)(B), the word "authority" is substituted for "agency" for consistency in the revised title and with other titles of the United States Code. The words "by lease, contract, or otherwise" are omitted as surplus.

In subsection (b)(1), the words "by operation or lease or otherwise" are omitted as surplus.

In subsection (b)(3), the words "the Secretary prescribes" are added for clarity. The text of 49 App.:1607a(j)(1) (4th sentence) is omitted as executed.

In subsection (b)(4), the words "(whether by employees of the grant recipient or by contract)" are omitted as surplus.

In subsection (c)(1), the words "of funds" are omitted as surplus. The words "to the recipient" are added for clarity. The words "with such funds" are omitted as surplus.

In subsection (c)(3), the words "as appropriate" are omitted as surplus.

In subsection (c)(5), the words "and shall, if deemed appropriate by the recipient, modify the proposed program of projects" are omitted as surplus.

In subsection (d)(1)(B), the words "through operation or lease or otherwise" are omitted as surplus.

In subsection (d)(1)(D), the words "ensure that elderly and handicapped individuals . . . will be charged during non-peak hours for transportation using or involving a facility or equipment of a project financed under this chapter not more than 50 percent of the peak hour fare" are substituted for 49 App.:1607a(e)(3)(C) and the words "will give the rate required by section 1604(m) of this Appendix" for clarity and consistency in the revised title. The word "duly" is omitted as surplus.

In subsection (d)(1)(J)(ii), the words "has decided" are added for clarity to correct an error in the source provisions being restated.

In subsection (e), the words "at its option", "public", "the amount of any", "by such system", "Any public or private", "solely", and "available in" are omitted as surplus.

In subsection (f), the word "authority" is substituted for "agency or instrumentality" for consistency in the revised title and with other titles of the Code.

In subsection (f)(1), the words "is responsible under State laws for the financing, construction and operation, directly by lease, contract or otherwise, of public transportation services" are omitted as surplus because a State that is a designated recipient has that responsibility. The words "of UMTA funds", "combined total permissible", and "regardless of whether the amount for any particular urbanized area is exceeded" are omitted as surplus.

In subsection (f)(2), the word "Secretary" is substituted for "UMTA" [subsequently changed to "FTA" because of section 3004(b) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102–240, 105 Stat. 2088)] because of 49:102(b) and 107(a). The words "This provision shall take effect with the fiscal year 1990 section 9 apportionment" are omitted as obsolete.

In subsection (g)(2), before clause (A), the word "applies" is substituted for "is sought beyond the currently authorized funds for such recipient" to eliminate unnecessary words. In clause (A), the words "of funds" are omitted as surplus.

In subsection (g)(3), the words "Subject to the provisions of this paragraph", "the Federal share of which the Secretary is authorized to pay under this subsection", and "actually" are omitted as surplus.

In subsection (i)(1)(A), before clause (i), the words "necessary or" are omitted as surplus. In clause (ii), the words "required by law" are substituted for "which is consistent with the applicable requirements of this chapter and other applicable laws" to eliminate unnecessary words.

In subsection (i)(1)(B), the words "Comptroller General" are substituted for "General Accounting Office" because of 31:702(b).

In subsection (i)(2), the words "In addition to the reviews and audits described in paragraph (1)" and "perform a" are omitted as surplus.

Subsection (i)(3) is substituted for 49 App.:1607a(g)(3) to eliminate unnecessary words.

In subsection (l), the words "Administrator for Federal Procurement Policy" are substituted for "Office of Federal Procurement Policy" because of 41:404(b). The words "Such approval shall be binding until withdrawn" are omitted as surplus.

In subsection (n)(1), the words "available under section 5336 of this title" are substituted for "available under this subsection" for clarity.

In subsection (n)(2), the references to sections 5302(a)(8) and 5318 are added for clarity. The source provisions of sections 5302(a)(8) and 5318, enacted by section 317 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (Public Law 100–17, 101 Stat. 233), were not intended to come under the exclusion stated in 49 App.:1607a(e)(1). The reference to 49 App.:1604(k)(3) is omitted as obsolete. The words "condition, limitation, or other" and "for programs of projects" are omitted as surplus.

Pub. L. 103–429, §6(7)(A)

This amends 49:5307(d)(1)(D) to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 797).

Pub. L. 103–429, §6(7)(B)

This makes a clarifying amendment to 49:5307(d)(1)(E)(iii).

Pub. L. 104–287

This amends 49:5307(a)(2) to delete an obsolete provision.

Editorial Notes

References in Text

The Social Security Act, referred to in subsec. (c)(1)(D)(iii), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Titles II and XVIII of such Act are classified generally to subchapters II (§401 et seq.) and XVIII (§1395 et seq.) respectively, of chapter 7 of Title 42. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

Amendments

2017—Subsec. (a)(2), (3). Pub. L. 115–31 added pars. (2) and (3) and struck out former pars. (2) and (3) which read as follows:

"(2) Special rule.—The Secretary may make grants under this section to finance the operating cost of equipment and facilities for use in public transportation, excluding rail fixed guideway, in an urbanized area with a population of not fewer than 200,000 individuals, as determined by the Bureau of the Census—

"(A) for public transportation systems that operate 75 or fewer buses in fixed route service or demand response service, excluding ADA complementary paratransit service, during peak service hours, in an amount not to exceed 75 percent of the share of the apportionment which is attributable to such systems within the urbanized area, as measured by vehicle revenue hours; and

"(B) for public transportation systems that operate a minimum of 76 buses and a maximum of 100 buses in fixed route service or demand response service, excluding ADA complementary paratransit service, during peak service hours, in an amount not to exceed 50 percent of the share of the apportionment which is attributable to such systems within the urbanized area, as measured by vehicle revenue hours.

"(3) Exception to the special rule.—Notwithstanding paragraph (2), if a public transportation system described in such paragraph executes a written agreement with 1 or more other public transportation systems within the urbanized area to allocate funds for the purposes described in the paragraph by a method other than by measuring vehicle revenue hours, each public transportation system that is a party to the written agreement may follow the terms of the written agreement without regard to measured vehicle revenue hours referred to in the paragraph."

2015—Subsec. (a)(2). Pub. L. 114–94, §3004(1)(A), inserted "or demand response service, excluding ADA complementary paratransit service," before "during peak" in subpars. (A) and (B).

Subsec. (a)(3). Pub. L. 114–94, §3004(1)(B), added par. (3).

Subsec. (c)(1)(C). Pub. L. 114–94, §3004(2)(A), inserted "in accordance with the recipient's transit asset management plan" after "equipment and facilities".

Subsec. (c)(1)(K). Pub. L. 114–94, §3004(2)(B), substituted "Census, will submit an annual report listing projects carried out in the preceding fiscal year under this section for associated transit improvements as defined in section 5302; and" for "Census—

"(i) will expend not less than 1 percent of the amount the recipient receives each fiscal year under this section for associated transit improvements, as defined in section 5302; and

"(ii) will submit an annual report listing projects carried out in the preceding fiscal year with those funds; and".

2012—Pub. L. 112–141, §20007, amended section generally. Prior to amendment, section related to urbanized area formula grants and consisted of subsecs. (a) to (l).

Subsec. (b)(2). Pub. L. 112–141, §113002(1), substituted "Special rule for fiscal years 2005 through 2012" for "Special rule for fiscal years 2005 through 2011 and the period beginning on october 1, 2011, and ending on june 30, 2012" in heading.

Pub. L. 112–140, §§1(c), 302(1), temporarily substituted "ending on july 6, 2012" for "ending on june 30, 2012" in heading. See Effective and Termination Dates of 2012 Amendment note below.

Pub. L. 112–102, §302(1), substituted "Special rule for fiscal years 2005 through 2011 and the period beginning on october 1, 2011, and ending on june 30, 2012" for "Special rule for fiscal years 2005 through 2011 and the period beginning on october 1, 2011, and ending on march 31, 2012" in heading.

Subsec. (b)(2)(A). Pub. L. 112–141, §113002(2), substituted "2012," for "2011 and the period beginning on October 1, 2011, and ending on June 30, 2012," in introductory provisions.

Pub. L. 112–140, §§1(c), 302(2), temporarily substituted "ending on July 6, 2012," for "ending on June 30, 2012," in introductory provisions. See Effective and Termination Dates of 2012 Amendment note below.

Pub. L. 112–102, §302(2), substituted "2011 and the period beginning on October 1, 2011, and ending on June 30, 2012," for "2011 and the period beginning on October 1, 2011, and ending on March 31, 2012," in introductory provisions.

Subsec. (b)(2)(E). Pub. L. 112–141, §113002(3), substituted "Maximum amounts in fiscal years 2008 through 2012" for "Maximum amounts in fiscal years 2008 through 2011 and the period beginning on october 1, 2011, and ending on june 30, 2012" in heading and "2012" for "2011 and during the period beginning on October 1, 2011, and ending on June 30, 2012" in introductory provisions.

Pub. L. 112–140, §§1(c), 302(3), temporarily substituted "ending on july 6, 2012" for "ending on june 30, 2012" in heading and "ending on July 6, 2012" for "ending on June 30, 2012" in introductory provisions. See Effective and Termination Dates of 2012 Amendment note below.

Pub. L. 112–102, §302(3), substituted "Maximum amounts in fiscal years 2008 through 2011 and the period beginning on october 1, 2011, and ending on june 30, 2012" for "Maximum amounts in fiscal years 2008 through 2011 and the period beginning on october 1, 2011, and ending on march 31, 2012" in heading and "2011 and during the period beginning on October 1, 2011, and ending on June 30, 2012" for "2011 and during the period beginning on October 1, 2011, and ending on March 31, 2012" in introductory provisions.

2011—Subsec. (b)(2). Pub. L. 112–30, §132(1), substituted "Special rule for fiscal years 2005 through 2011 and the period beginning on october 1, 2011, and ending on march 31, 2012" for "Special rule for fiscal years 2005 through 2011" in heading.

Pub. L. 112–5, §302(1), substituted "Special rule for fiscal years 2005 through 2011" for "Special rule for fiscal years 2005 through 2010, and the period beginning october 1, 2010, and ending march 4, 2011" in heading.

Subsec. (b)(2)(A). Pub. L. 112–30, §132(2), substituted "2011 and the period beginning on October 1, 2011, and ending on March 31, 2012," for "2011," in introductory provisions.

Pub. L. 112–5, §302(2), substituted "2011," for "2010, and the period beginning October 1, 2010, and ending March 4, 2011," in introductory provisions.

Subsec. (b)(2)(E). Pub. L. 112–30, §132(3), substituted "Maximum amounts in fiscal years 2008 through 2011 and the period beginning on october 1, 2011, and ending on march 31, 2012" for "Maximum amounts in fiscal years 2008 through 2011" in heading and "2011 and during the period beginning on October 1, 2011, and ending on March 31, 2012" for "2011" in introductory provisions.

Pub. L. 112–5, §302(3), substituted "Maximum amounts in fiscal years 2008 through 2011" for "Maximum amounts in fiscal years 2008 through 2010 and during the period beginning october 1, 2010, and ending march 4, 2011" in heading and "In each of fiscal years 2008 through 2011" for "In fiscal years 2008 through 2010, and during the period beginning October 1, 2010, and ending March 4, 2011," in introductory provisions.

2010—Subsec. (b)(2). Pub. L. 111–322, §2302(1), substituted "march 4, 2011" for "december 31, 2010" in heading.

Pub. L. 111–147, §432(1), substituted "2010, and the period beginning october 1, 2010, and ending december 31, 2010" for "2009" in heading.

Subsec. (b)(2)(A). Pub. L. 111–322, §2302(2), substituted "March 4, 2011" for "December 31, 2010" in introductory provisions.

Pub. L. 111–147, §432(2), substituted "2010, and the period beginning October 1, 2010, and ending December 31, 2010," for "2009," in introductory provisions.

Subsec. (b)(2)(E). Pub. L. 111–322, §2302(3), substituted "march 4, 2011" for "december 31, 2010" in heading and "March 4, 2011" for "December 31, 2010" in introductory provisions.

Pub. L. 111–147, §432(3), substituted "through 2010 and during the period beginning october 1, 2010, and ending december 31, 2010" for "and 2009" in heading and "through 2010, and during the period beginning October 1, 2010, and ending December 31, 2010," for "and 2009" in introductory provisions.

2008—Subsec. (b)(2). Pub. L. 110–244, §201(c)(1), substituted "2009" for "2007" in heading.

Subsec. (b)(2)(A). Pub. L. 110–244, §201(c)(2), in introductory provisions, substituted "2009" for "2007" and "public" for "mass".

Subsec. (b)(2)(E). Pub. L. 110–244, §201(c)(3), added subpar. (E).

Subsec. (b)(3). Pub. L. 110–244, §201(c)(4), substituted "section 5303(k)" for "section 5305(a)" in introductory provisions.

2005—Subsec. (a)(1). Pub. L. 109–59, §3009(b)(1), substituted "means—" for "means", designated part of existing provisions as subpar. (A), and added subpar. (B).

Subsec. (a)(2)(A). Pub. L. 109–59, §3009(b)(2), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: "a person designated, consistent with the planning process under sections 5303–5306 of this title, by the chief executive officer of a State, responsible local officials, and publicly owned operators of mass transportation to receive and apportion amounts under section 5336 of this title that are attributable to transportation management areas established under section 5305(a) of this title; or".

Subsec. (a)(2)(B). Pub. L. 109–59, §3002(b)(4), substituted "public transportation" for "mass transportation".

Subsec. (b)(1). Pub. L. 109–59, §3009(c)(1), added par. (1) and struck out former par. (1) which read as follows: "The Secretary of Transportation may make grants under this section for capital projects and to finance the planning and improvement costs of equipment, facilities, and associated capital maintenance items for use in mass transportation, including the renovation and improvement of historic transportation facilities with related private investment. The Secretary may also make grants under this section to finance the operating cost of equipment and facilities for use in mass transportation in an urbanized area with a population of less than 200,000."

Subsec. (b)(2). Pub. L. 109–59, §3009(c)(2), added par. (2) and struck out former par. (2) which related to special rule for fiscal years 2003 and 2004 and for the period of Oct. 1, 2004, through July 30, 2005.

Pub. L. 109–40, §7(m)(1), substituted "july 30, 2005" for "july 27, 2005" in heading.

Pub. L. 109–37, §7(m)(1), substituted "july 27, 2005" for "july 21, 2005" in heading.

Pub. L. 109–35, §7(m)(1), substituted "july 21, 2005" for "july 19, 2005" in heading.

Pub. L. 109–20, §7(m)(1), substituted "july 19, 2005" for "june 30, 2005" in heading.

Pub. L. 109–14, §7(m)(1), substituted "june 30, 2005" for "may 31, 2005" in heading.

Subsec. (b)(2)(A). Pub. L. 109–40, §7(m)(2), substituted "July 30, 2005" for "July 27, 2005" in introductory provisions.

Pub. L. 109–37, §7(m)(2), substituted "July 27, 2005" for "July 21, 2005" in introductory provisions.

Pub. L. 109–35, §7(m)(2), substituted "July 21, 2005" for "July 19, 2005" in introductory provisions.

Pub. L. 109–20, §7(m)(2), substituted "July 19, 2005" for "June 30, 2005" in introductory provisions.

Pub. L. 109–14, §7(m)(2), substituted "June 30, 2005" for "May 31, 2005" in introductory provisions.

Subsec. (b)(3)(A). Pub. L. 109–59, §3002(b)(4), substituted "public transportation" for "mass transportation".

Subsec. (b)(4). Pub. L. 109–59, §3009(c)(3), struck out par. (4) which read as follows: "A project for the reconstruction of equipment and material, each of which after reconstruction will have a fair market value of at least .5 percent of the current fair market value of rolling stock comparable to the rolling stock for which the equipment and material will be used, is a capital project for an associated capital maintenance item under this section."

Subsec. (c)(5). Pub. L. 109–59, §3002(b)(4), substituted "public transportation" for "mass transportation".

Subsec. (d)(1)(A). Pub. L. 109–59, §3009(d)(1), inserted ", including safety and security aspects of the program" before semicolon at end.

Subsec. (d)(1)(E)(iv). Pub. L. 109–59, §3009(d)(2), added cl. (iv).

Subsec. (d)(1)(H). Pub. L. 109–59, §3009(d)(3), substituted "section 5301(a), section 5301(d), and sections 5303 through 5306" for "sections 5301(a) and (d), 5303–5306, and 5310(a)–(d) of this title".

Subsec. (d)(1)(J)(i). Pub. L. 109–59, §3002(b)(4), substituted "public transportation" for "mass transportation" wherever appearing.

Subsec. (d)(1)(K). Pub. L. 109–59, §3009(d)(4), (5), added subpar. (K).

Subsec. (e). Pub. L. 109–59, §3009(e), reenacted heading without change and amended text of subsec. (e) generally. Prior to amendment, text read as follows: "A grant of the Government for a capital project (including associated capital maintenance items) under this section is for 80 percent of the net project cost of the project. A recipient may provide additional local matching amounts. A grant for operating expenses may not be more than 50 percent of the net project cost of the project. The remainder of the net project cost shall be provided in cash from sources other than amounts of the Government or revenues from providing mass transportation (excluding revenues derived from the sale of advertising and concessions that are more than the amount of those revenues in the fiscal year that ended September 30, 1985). Transit system amounts that make up the remainder shall be from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, or new capital."

Subsec. (f)(1). Pub. L. 109–59, §3002(b)(4), substituted "public transportation" for "mass transportation".

Subsec. (g)(4). Pub. L. 109–59, §3009(f), struck out par. (4) which read as follows: "The Secretary shall consider changes in capital project cost indices when determining the estimated cost under paragraph (3) of this subsection."

Subsecs. (h), (i). Pub. L. 109–59, §3009(a), redesignated subsecs. (i) and (l) as (h) and (i), respectively, and struck out heading and text of former subsec. (h). Text read as follows: "The Secretary shall prescribe streamlined administrative procedures for complying with the certification requirement under subsection (d)(1)(B) and (C) of this section for track and signal equipment used in existing operations."

Subsec. (j). Pub. L. 109–59, §3009(a), redesignated subsec. (m) as (j) and struck out heading and text of former subsec. (j). Text read as follows: "A recipient (including a person receiving amounts from a chief executive officer of a State under this section) shall submit annually to the Secretary a report on the revenues the recipient derives from the sale of advertising and concessions."

Subsec. (k). Pub. L. 109–59, §3009(g), reenacted heading without change and amended text of subsec. (k) generally. Prior to amendment, text read as follows:

"(1) Section 1001 of title 18 applies to a certificate or submission under this section. The Secretary may end a grant under this section and seek reimbursement, directly or by offsetting amounts available under section 5336 of this title, when a false or fraudulent statement or related act within the meaning of section 1001 is made in connection with a certification or submission.

"(2) Sections 5302, 5318, 5319, 5323(a)(1), (d), and (f), 5332, and 5333 of this title apply to this section and to a grant made under this section. Except as provided in this section, no other provision of this chapter applies to this section or to a grant made under this section."

Pub. L. 109–59, §3009(a), redesignated subsec. (n) as (k) and struck out heading and text of former subsec. (k). Text read as follows:

"(1) In general.—One percent of the funds apportioned to urbanized areas with a population of at least 200,000 under section 5336 for a fiscal year shall be made available for transit enhancement activities in accordance with section 5302(a)(15).

"(2) Period of availability.—Funds apportioned under paragraph (1) shall be available for obligation for 3 years following the fiscal year in which the funds are apportioned. Funds that are not obligated at the end of such period shall be reapportioned under the urbanized area formula program of section 5336.

"(3) Report.—A recipient of funds apportioned under paragraph (1) shall submit, as part of the recipient's annual certification to the Secretary, a report listing the projects carried out during the preceding fiscal year with those funds."

Subsec. (l). Pub. L. 109–59, §3009(h), added subsec. (l).

Pub. L. 109–59, §3009(a)(2), redesignated subsec. (l) as (i).

Subsecs. (m), (n). Pub. L. 109–59, §3009(a)(2), redesignated subsecs. (m) and (n) as (j) and (k), respectively.

2004—Subsec. (b)(2). Pub. L. 108–310 inserted "and for the period of october 1, 2004, through may 31, 2005" after "2004" in heading and directed the insertion of "and for the period of October 1, 2004, through May 31, 2005" after "2004," in subpar. (A), which was executed by making the insertion after "2004" in introductory provisions of subpar. (A), to reflect the probable intent of Congress.

Pub. L. 108–280 substituted "fiscal years 2003 and 2004" for "fiscal year 2003 and for the period of october 1, 2003, through july 31, 2004" in heading and "fiscal years 2003 and 2004" for "fiscal year 2003, and for the period of October 1, 2003, through July 31, 2004" in introductory provisions of subpar. (A).

Pub. L. 108–263 substituted "july 31, 2004" for "june 30, 2004" in heading and "July 31, 2004" for "June 30, 2004" in introductory provisions of subpar. (A).

Pub. L. 108–224 substituted "june 30, 2004" for "april 30, 2004" in heading and "June 30, 2004" for "April 30, 2004" in introductory provisions of subpar. (A).

Pub. L. 108–202 substituted "april 30, 2004" for "february 29, 2004" in heading and "April 30, 2004" for "February 29, 2004" in introductory provisions of subpar. (A).

2003—Subsec. (b)(2). Pub. L. 108–88, §8(n)(1), inserted "and for the period of October 1, 2003, through February 29, 2004" after "2003" in heading.

Subsec. (b)(2)(A). Pub. L. 108–88, §8(n)(2), inserted "and for the period of October 1, 2003, through February 29, 2004" after "2003," and added cl. (iv).

Subsec. (b)(2)(B). Pub. L. 108–88, §8(n)(3), inserted at end "Each portion of an area not designated as an urbanized area under the 1990 Federal decennial census and eligible to receive funds under subparagraph (A)(iv) shall receive an amount of funds made available to carry out this section that is no less than the amount the portion of the area received under section 5311 in fiscal year 2002."

2002—Subsec. (b)(1). Pub. L. 107–232, §1(1), struck out at end "The Secretary may make grants under this section from funds made available for fiscal year 1998 to finance the operating costs of equipment and facilities for use in mass transportation in an urbanized area with a population of at least 200,000."

Subsec. (b)(2) to (4). Pub. L. 107–232, §1(2)–(4), added par. (2), redesignated former pars. (2) and (3) as (3) and (4), respectively, and realigned margins of par. (3)(C), as redesignated.

1998—Pub. L. 105–178, §3007(a)(1), substituted "Urbanized area formula grants" for "Block grants" in section catchline.

Subsec. (a). Pub. L. 105–178, §3007(b)(1), substituted "In this section, the following definitions apply:" for "In this section—" in introductory provisions.

Subsec. (a)(1). Pub. L. 105–178, §3007(b)(2), inserted "Associated capital maintenance items.—The term" after "(1)".

Subsec. (a)(2). Pub. L. 105–178, §3007(b)(3), inserted "Designated recipient.—The term" after "(2)".

Subsec. (b)(1). Pub. L. 105–178, §3007(h)(1), as added by Pub. L. 105–206, §9009(e), inserted at end "The Secretary may make grants under this section from funds made available for fiscal year 1998 to finance the operating costs of equipment and facilities for use in mass transportation in an urbanized area with a population of at least 200,000."

Pub. L. 105–178, §3007(c)(1), substituted "and improvement costs of equipment" for ", improvement, and operating costs of equipment" and inserted at end "The Secretary may also make grants under this section to finance the operating cost of equipment and facilities for use in mass transportation in an urbanized area with a population of less than 200,000."

Subsec. (b)(2)(A). Pub. L. 105–178, §3007(c)(2)(A), inserted ", in writing," after "approved".

Subsec. (b)(2)(C). Pub. L. 105–178, §3007(c)(2)(B)–(4), added subpar. (C).

Subsec. (b)(3), (4). Pub. L. 105–178, §3007(c)(5), (6), redesignated par. (4) as (3) and struck out former par. (3) which read as follows: "A grant for a capital project under this section also is available to finance the leasing of equipment and facilities for use in mass transportation, subject to regulations the Secretary prescribes limiting the grant to leasing arrangements that are more cost effective than acquisition or construction."

Subsec. (b)(5). Pub. L. 105–178, §3007(c)(5), struck out par. (5) which read as follows: "Amounts under this section are available for a highway project under title 23 only if amounts used for the State or local share of the project are eligible to finance either a highway or mass transportation project."

Subsec. (g)(3). Pub. L. 105–178, §3007(d), substituted "the most favorable financing terms reasonably available for the project at the time of borrowing. The applicant shall certify, in a manner satisfactory to the Secretary, that the applicant has shown reasonable diligence in seeking the most favorable financing terms." for "the amount by which the estimated cost of carrying out the part (if it would be carried out at the time the part is converted to a regularly financed project) exceeds the actual cost (except interest) of carrying out the part."

Subsec. (i)(2). Pub. L. 105–178, §3007(e), inserted at end "To the extent practicable, the Secretary shall coordinate such reviews with any related State or local reviews."

Subsec. (k). Pub. L. 105–178, §3007(f), amended heading and text of subsec. (k) generally. Prior to amendment, text read as follows: "A certification under subsection (d) of this section and any additional certification required by law to be submitted to the Secretary may be consolidated into a single document to be submitted annually as part of the grant application under this section. The Secretary shall publish annually a list of all certifications required under this chapter with the publication required under section 5336(e)(2) of this title."

Subsec. (k)(3). Pub. L. 105–178, §3007(h)(2), as added by Pub. L. 105–206, §9009(e), inserted "preceding" before "fiscal year".

Subsec. (n)(2). Pub. L. 105–178, §3007(g), inserted "5319," after "5318,".

1996—Subsec. (a)(2). Pub. L. 104–287 substituted "title; or" for "title;" in subpar. (A) and "transportation." for "transportation; or" in subpar. (B) and struck out subpar. (C) which read as follows: "a recipient designated under section 5(b)(1) of the Federal Transit Act not later than January 5, 1983."

1994—Subsec. (d)(1)(D). Pub. L. 103–429, §6(7)(A), substituted "section" for "chapter".

Subsec. (d)(1)(E)(iii). Pub. L. 103–429, §6(7)(B), substituted "Buy America" for "Buy-American".

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

Effective and Termination Dates of 2012 Amendment

Amendment by section 20007 of Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as a note under section 101 of Title 23, Highways.

Amendment by section 113002 of Pub. L. 112–141 effective July 1, 2012, see section 114001 of Pub. L. 112–141, set out as a note under section 5305 of this title.

Amendment by Pub. L. 112–140 to cease to be effective on July 6, 2012, with text as amended by Pub. L. 112–140 to revert back to read as it did on the day before June 29, 2012, and amendments by Pub. L. 112–141 to be executed as if Pub. L. 112–140 had not been enacted, see section 1(c) of Pub. L. 112–140, set out as a note under section 101 of Title 23, Highways.

Effective Date of 1998 Amendment

Title IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, and provisions of Pub. L. 105–178, as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105–206 to be treated as not enacted, see section 9016 of Pub. L. 105–206, set out as a note under section 101 of Title 23, Highways.

Effective Date of 1996 Amendment

Amendment by Pub. L. 104–287 effective July 5, 1994, see section 8(1) of Pub. L. 104–287, set out as a note under section 5303 of this title.

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.

Pilot Program for Cooperative Procurement of Major Capital Equipment

Pub. L. 108–447, div. H, title I, §167, Dec. 8, 2004, 118 Stat. 3228, required the Secretary to continue the pilot program authorized under section 166 of Pub. L. 108–199, increased the program to 5 pilot projects, and required reports on the results of the projects.

Pub. L. 108–199, div. F, title I, §166, Jan. 23, 2004, 118 Stat. 309, required the Secretary to establish a pilot program consisting of 3 pilot projects related to cooperative procurement of major capital equipment and required reports on the results of the projects.

Local Share

Pub. L. 105–178, title III, §3011, June 9, 1998, 112 Stat. 357, as amended by Pub. L. 108–202, §9(u), Feb. 29, 2004, 118 Stat. 489; Pub. L. 108–224, §7(u), Apr. 30, 2004, 118 Stat. 637; Pub. L. 108–263, §7(u), June 30, 2004, 118 Stat. 708; Pub. L. 108–280, §7(u), July 30, 2004, 118 Stat. 886; Pub. L. 108–310, §8(u), Sept. 30, 2004, 118 Stat. 1158; Pub. L. 109–14, §7(t), May 31, 2005, 119 Stat. 334; Pub. L. 109–20, §7(s), July 1, 2005, 119 Stat. 356; Pub. L. 109–35, §7(s), July 20, 2005, 119 Stat. 389; Pub. L. 109–37, §7(s), July 22, 2005, 119 Stat. 404; Pub. L. 109–40, §7(s), July 28, 2005, 119 Stat. 421, allowed recipients of assistance under section 5307 or 5309 of this title to use proceeds from the issuance of revenue bonds as part of the local matching funds for a capital project for fiscal years 1999 to 2004 and from Oct. 1, 2004, to July 30, 2005.

Pilot Program for Intercity Rail Infrastructure Investment From Mass Transit Account of Highway Trust Fund

Pub. L. 105–178, title III, §3021, June 9, 1998, 112 Stat. 363; as amended by Pub. L. 105–206, title IX, §9009(m), July 22, 1998, 112 Stat. 857; Pub. L. 105–277, div. A, §101(g) [title III, §354], Oct. 21, 1998, 112 Stat. 2681–439, 2681–476; Pub. L. 106–69, title III, §323, Oct. 9, 1999, 113 Stat. 1020, required the Secretary of Transportation to establish a pilot program to determine the benefits of using funds from the Mass Transit Account of the Highway Trust Fund for intercity passenger rail and required a report evaluating the program to be submitted no later than Oct. 1, 2002.

Continuation of Operating Assistance to Certain Larger Urbanized Areas

Pub. L. 105–178, title III, §3027(c), June 9, 1998, 112 Stat. 366; as amended by Pub. L. 105–206, title IX, §9009(o)(1), July 22, 1998, 112 Stat. 858; Pub. L. 105–277, div. A, §101(g) [title III, §360], Oct. 21, 1998, 112 Stat. 2681–439, 2681–477; Pub. L. 106–31, title VI, §6004, May 21, 1999, 113 Stat. 113; Pub. L. 106–346, §101(a) [title III, §341], Oct. 23, 2000, 114 Stat. 1356, 1356A–32; Pub. L. 108–199, div. F, title I, §176, Jan. 23, 2004, 118 Stat. 311, authorized the Secretary of Transportation to continue helping to finance mass transportation operating costs in certain urban areas for the period beginning on June 9, 1998, and ending no later than 3 years after that date.
49 U.S.C. § 13901 (2024) — Title 49: TRANSPORTATION / Chapter 139 / Section 13901: Requirements for registration
Requirements for registration
Status: in_force

(a) In General.—A person may provide transportation as a motor carrier subject to jurisdiction under subchapter I of chapter 135 or service as a freight forwarder subject to jurisdiction under subchapter III of such chapter, or service as a broker for transportation subject to jurisdiction under subchapter I of such chapter only if the person is registered under this chapter to provide such transportation or service.

(b) Registration Numbers.—

(1) In general.—If the Secretary registers a person under this chapter to provide transportation or service, including as a motor carrier, freight forwarder, or broker, the Secretary shall issue a distinctive registration number to the person for each such authority to provide transportation or service for which the person is registered.

(2) Transportation or service type indicator.—A number issued under paragraph (1) shall include an indicator of the type of transportation or service for which the registration number is issued, including whether the registration number is issued for registration of a motor carrier, freight forwarder, or broker.

(c) Specification of Authority.—For each agreement to provide transportation or service for which registration is required under this chapter, the registrant shall specify, in writing, the authority under which the person is providing such transportation or service.

(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 879; amended Pub. L. 112–141, div. C, title II, §32914(a), July 6, 2012, 126 Stat. 819.)

Editorial Notes

Amendments

2012—Pub. L. 112–141 amended section generally. Prior to amendment, section read as follows: "A person may provide transportation or service subject to jurisdiction under subchapter I or III of chapter 135 or be a broker for transportation subject to jurisdiction under subchapter I of that chapter, only if the person is registered under this chapter to provide the transportation or service."

Statutory Notes and Related Subsidiaries

Effective Date of 2012 Amendment

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

Effective Date

Section effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title.
49 U.S.C. § 1134 (2024) — Title 49: TRANSPORTATION / Chapter 11 / Subchapter III / Section 1134: Inspections and autopsies
Inspections and autopsies
Status: in_force

(a) Entry and Inspection.—An officer or employee of the National Transportation Safety Board—

(1) on display of appropriate credentials and written notice of inspection authority, may enter property where a transportation accident has occurred or wreckage from the accident is located and do anything necessary to conduct an investigation; and

(2) during reasonable hours, may inspect any record, including an electronic record, process, control, or facility related to an accident investigation under this chapter.

(b) Inspection, Testing, Preservation, and Moving of Aircraft and Parts.—(1) In investigating an aircraft accident under this chapter, the Board may inspect and test, to the extent necessary, any civil aircraft, aircraft engine, propeller, appliance, or property on an aircraft involved in an accident in air commerce.

(2) Any civil aircraft, aircraft engine, propeller, appliance, or property on an aircraft involved in an accident in air commerce shall be preserved, and may be moved, only as provided by regulations of the Board.

(c) Avoiding Unnecessary Interference and Preserving Evidence.—In carrying out subsection (a)(1) of this section, an officer or employee may examine or test any vehicle, vessel, rolling stock, track, or pipeline component. The examination or test shall be conducted in a way that—

(1) does not interfere unnecessarily with transportation services provided by the owner or operator of the vehicle, vessel, rolling stock, track, or pipeline component; and

(2) to the maximum extent feasible, preserves evidence related to the accident, consistent with the needs of the investigation and with the cooperation of that owner or operator.

(d) Exclusive Authority of Board.—Only the Board has the authority to decide on the way in which testing under this section will be conducted, including decisions on the person that will conduct the test, the type of test that will be conducted, and any individual who will witness the test. Those decisions are committed to the discretion of the Board. The Board shall make any of those decisions based on the needs of the investigation being conducted and, when applicable, subsections (a), (c), and (e) of this section.

(e) Promptness of Tests and Availability of Results.—An inspection, examination, or test under subsection (a) or (c) of this section shall be started and completed promptly, and the results shall be made available.

(f) Autopsies.—(1) The Board may order an autopsy to be performed and have other tests made when necessary to investigate an accident under this chapter. However, local law protecting religious beliefs related to autopsies shall be observed to the extent consistent with the needs of the accident investigation.

(2) With or without reimbursement, the Board may obtain a copy of an autopsy report performed by a State or local official on an individual who died because of a transportation accident investigated by the Board under this chapter.

(g) Recorders and Data.—In investigating an accident under this chapter, the Board may require from a transportation operator or equipment manufacturer or the vendors, suppliers, subsidiaries, or parent companies of such manufacturer, or operator of a product or service which is subject to an investigation by the Board—

(1) any recorder or recorded information pertinent to the accident;

(2) without undue delay, information the Board determines necessary to enable the Board to read and interpret any recording device or recorded information pertinent to the accident; and

(3) design specifications or data related to the operation and performance of the equipment the Board determines necessary to enable the Board to perform independent physics-based simulations and analyses of the accident situation.

(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 754; Pub. L. 115–254, div. C, §1105, Oct. 5, 2018, 132 Stat. 3431; Pub. L. 118–63, title XII, §1213, May 16, 2024, 138 Stat. 1426.)

Historical and Revision Notes

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

1134(a) 
49 App.:1903(b)(2) (1st sentence words before 3d comma, 3d sentence). 
Jan. 3, 1975, Pub. L. 93–633, §304(b)(2), 88 Stat. 2170; Nov. 3, 1981, Pub. L. 97–74, §5, 95 Stat. 1065; Nov. 28, 1990, Pub. L. 101–641, §3, 104 Stat. 4654.

1134(b) 
49 App.:1441(c) (2d sentence), (d). 
Aug. 23, 1958, Pub. L. 85–726, §701(c) (2d, last sentences), (d), 72 Stat. 781; Oct. 15, 1962, Pub. L. 87–810, §§1, 2, 76 Stat. 921.

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

  
49 App.:1903(a)(1)(A). 
Jan. 3, 1975, Pub. L. 93–633, §304(a)(1)(A), (b)(5), 88 Stat. 2168, 2170.

1134(c) 
49 App.:1903(b)(2) (1st sentence words after 3d comma, 2d sentence).

1134(d) 
49 App.:1903(b)(2) (5th, last sentences).

1134(e) 
49 App.:1903(b)(2) (4th sentence).

1134(f) 
49 App.:1441(c) (last sentence).

  
49 App.:1655(d) (1st sentence).

  
49 App.:1903(a)(1)(A), (b)(5).

In subsection (a), before clause (1), the word "officer" is added for consistency in the revised title.

In subsection (b)(1), the words "investigating an aircraft accident" are substituted for "carrying out its duties" in 49 App.:1441(c) for clarity. The words "inspect and test" are substituted for "examine and test" for consistency in the revised title and with other titles of the United States Code.

In subsection (c), before clause (1), the words "In carrying out subsection (a)(1) of this section, an officer or employee" are added because of the restatement. The words "or any part of any such item" are omitted as surplus. The words "when such examination or testing is determined to be required for purposes of such investigation" are omitted as unnecessary because of the words "do anything necessary to conduct an investigation" in subsection (a)(1) of this section. In clause (1), the word "obstruct" is omitted as being included in "interfere".

In subsection (d), the word "individuals" is substituted for "persons" the 2d time that word is used for clarity. The words "The Board shall make any of those decisions" are substituted for "and shall be made" because of the restatement.

In subsection (e), the word "promptly" is substituted for "with reasonable promptness" to eliminate unnecessary words.

In subsection (f)(1), the words "In the case of any fatal accident" in 49 App.:1441(c) are omitted as surplus. The words "to examine the remains of any deceased person aboard the aircraft at the time of the accident, who dies as a result of the accident" are omitted as unnecessary because of the authority of the Board to conduct autopsies.

Editorial Notes

Amendments

2024—Subsec. (g). Pub. L. 118–63 added subsec. (g).

2018—Subsec. (a)(2). Pub. L. 115–254 inserted "including an electronic record," after "record,".
49 U.S.C. § 40131 (2024) — Title 49: TRANSPORTATION / Chapter 401 / Section 40131: National airspace system cyber threat management process
National airspace system cyber threat management process
Status: in_force

(a) Establishment.—The Administrator of the Federal Aviation Administration, in consultation with the heads of other agencies as the Administrator determines necessary, shall establish a national airspace system cyber threat management process to protect the national airspace system cyber environment, including the safety, security, and efficiency of air navigation services provided by the Administration.

(b) Issues To Be Addressed.—In establishing the national airspace system cyber threat management process under subsection (a), the Administrator shall, at a minimum—

(1) monitor the national airspace system for significant cybersecurity incidents;

(2) in consultation with appropriate Federal agencies, evaluate the cyber threat landscape for the national airspace system, including updating such evaluation on both annual and threat-based timelines;

(3) conduct national airspace system cyber incident analyses;

(4) create a cyber common operating picture for the national airspace system cyber environment;

(5) coordinate national airspace system significant cyber incident responses with other appropriate Federal agencies;

(6) track significant cyber incident detection, response, mitigation implementation, recovery, and closure;

(7) establish a process, or utilize existing processes, to share relevant significant cyber incident data related to the national airspace system;

(8) facilitate significant cybersecurity reporting, including through the Cybersecurity and Infrastructure Agency; and

(9) consider any other matter the Administrator determines appropriate.

(c) Definitions.—In this section:

(1) Cyber common operating picture.—The term "cyber common operating picture" means the correlation of a detected cyber incident or cyber threat in the national airspace system and other operational anomalies to provide a holistic view of potential cause and impact.

(2) Cyber environment.—The term "cyber environment" means the information environment consisting of the interdependent networks of information technology infrastructures and resident data, including the internet, telecommunications networks, computer systems, and embedded processors and controllers.

(3) Cyber incident.—The term "cyber incident" means an action that creates noticeable degradation, disruption, or destruction to the cyber environment and causes a safety or other negative impact on operations of—

(A) the national airspace system;

(B) civil aircraft; or

(C) aeronautical products and articles.

(4) Cyber threat.—The term "cyber threat" means the threat of an action that, if carried out, would constitute a cyber incident or an electronic attack.

(5) Electronic attack.—The term "electronic attack" means the use of electromagnetic spectrum energy to impede operations in the cyber environment, including through techniques such as jamming or spoofing.

(6) Significant cyber incident.—The term "significant cyber incident" means a cyber incident, or a group of related cyber incidents, that the Administrator determines is likely to result in demonstrable harm to the national airspace system of the United States.

(Added Pub. L. 118–63, title III, §393(a), May 16, 2024, 138 Stat. 1144.)

Statutory Notes and Related Subsidiaries

Cybersecurity Lead

Pub. L. 118–63, title II, §217, May 16, 2024, 138 Stat. 1055, provided that:

"(a) In General.—The Administrator [of the Federal Aviation Administration] shall designate an executive of the FAA [Federal Aviation Administration] to serve as the lead for the cybersecurity of FAA systems and hardware (in this section referred to as the 'Cybersecurity Lead').

"(b) Duties.—The Cybersecurity Lead shall carry out duties and powers prescribed by the Administrator, including the management of activities required under subtitle B of title III.

"(c) Briefing.—Not later than 1 and 3 years after the date of enactment of this Act [May 16, 2024], the Cybersecurity Lead shall brief the appropriate committees of Congress on the implementation of subtitle B of title III."

Civil Aviation Cybersecurity Rulemaking Committee

Pub. L. 118–63, title III, §395, May 16, 2024, 138 Stat. 1145, provided that:

"(a) In General.—Not later than 1 year after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall convene an aviation rulemaking committee on civil aircraft cybersecurity to conduct reviews (as segmented under subsection (c)) and develop findings and recommendations on cybersecurity standards for civil aircraft, aircraft ground support information systems, airports, air traffic control mission systems, and aeronautical products and articles.

"(b) Duties.—The Administrator shall—

"(1) for each segmented review conducted by the committee convened under subsection (a), submit to the appropriate committees of Congress a report based on the findings of such review; and

"(2) not later than 180 days after the date of submission of a report under paragraph (1) and, in consultation with other agencies as the Administrator determines necessary, for consensus recommendations reached by such aviation rulemaking committee—

"(A) undertake a rulemaking, if appropriate, based on such recommendations; and

"(B) submit to the appropriate committees of Congress a supplemental report with explanations for each consensus recommendation not addressed, if applicable, by a rulemaking under subparagraph (A).

"(c) Segmentation.—In tasking the aviation rulemaking committee with developing findings and recommendations relating to aviation cybersecurity, the Administrator shall direct such committee to segment and sequence work by the topic or subject matter of regulation, including by directing the committee to establish subgroups to consider different topics and subject matters.

"(d) Composition.—The aviation rulemaking committee convened under subsection (a) shall consist of members appointed by the Administrator, including representatives of—

"(1) aircraft manufacturers, to include at least 1 manufacturer of transport category aircraft;

"(2) air carriers;

"(3) unmanned aircraft system stakeholders, including operators, service suppliers, and manufacturers of hardware components and software applications;

"(4) manufacturers of powered-lift aircraft;

"(5) airports;

"(6) original equipment manufacturers of ground and space-based aviation infrastructure;

"(7) aviation safety experts with specific knowledge of aircraft cybersecurity; and

"(8) a nonprofit which operates 1 or more federally funded research and development centers with specific knowledge of aviation and cybersecurity.

"(e) Member Eligibility.—Prior to a member's appointment under subsection (c) [probably should be "subsection (d)"], the Administrator shall establish appropriate requirements related to nondisclosure, background investigations, security clearances, or other screening mechanisms for applicable members of the aviation rulemaking committee who require access to sensitive security information or other protected information relevant to the member's duties on the rulemaking committee. Members shall protect the sensitive security information in accordance with part 1520 of title 49, Code of Federal Regulations.

"(f) Prohibition on Compensation.—The members of the aviation rulemaking committee convened under subsection (a) shall not receive pay, allowances, or benefits from the Government by reason of their service on such committee.

"(g) Considerations.—The Administrator may direct such committee to consider—

"(1) existing aviation cybersecurity standards, regulations, policies, and guidance, including those from other Federal agencies, and the need to harmonize or deconflict proposed and existing standards, regulations, policies, and guidance;

"(2) threat- and risk-based security approaches used by the aviation industry, including the assessment of the potential costs and benefits of cybersecurity actions;

"(3) data gathered from cybersecurity or safety reporting;

"(4) the diversity of operations and systems on aircraft and amongst air carriers;

"(5) design approval holder aircraft network security guidance for operators;

"(6) FAA services, aviation industry services, and aircraft use of positioning, navigation, and timing data in the context of Executive Order No. 13905 [6 U.S.C. 651 note], as in effect on the date of enactment of this Act;

"(7) updates needed to airworthiness regulations and systems safety assessment methods used to show compliance with airworthiness requirements for design, function, installation, and certification of civil aircraft, aeronautical products and articles, and aircraft networks;

"(8) updates needed to air carrier operating and maintenance regulations to ensure continued adherence with processes and procedures established in airworthiness regulations to provide cybersecurity protections for aircraft systems, including for continued airworthiness;

"(9) policies and procedures to coordinate with other Federal agencies, including intelligence agencies, and the aviation industry in sharing information and analyses related to cyber threats to civil aircraft information, data, networks, systems, services, operations, and technology and aeronautical products and articles;

"(10) the response of the Administrator and aviation industry to, and recovery from, cyber incidents, including by coordinating with other Federal agencies, including intelligence agencies;

"(11) processes for members of the aviation industry to voluntarily report to the FAA cyber incidents that may affect aviation safety in a manner that protects trade secrets and confidential business information;

"(12) appropriate cybersecurity controls for aircraft networks, aircraft systems, and aeronautical products and articles to protect aviation safety, including airworthiness;

"(13) appropriate cybersecurity controls for airports relative to the size and nature of airside operations of such airports to ensure aviation safety;

"(14) minimum standards for protecting civil aircraft, aeronautical products and articles, aviation networks, aviation systems, services, and operations from cyber threats and cyber incidents;

"(15) international collaboration, where appropriate and consistent with the interests of aviation safety in air commerce and national security, with other civil aviation authorities, international aviation and standards organizations, and any other appropriate entities to protect civil aviation from cyber incidents and cyber threats;

"(16) activities of the Administrator under section 506 of the FAA Reauthorization Act of 2018 [Pub. L. 115–254] (49 U.S.C. 44704 note) (as amended by section 394); and

"(17) any other matter the Administrator determines appropriate.

"(h) Definitions.—The definitions set forth in section 40131 of title 49, United States Code (as added by this subtitle), shall apply to this section."
49 U.S.C. § 47501 (2024) — Title 49: TRANSPORTATION / Chapter 475 / Subchapter I / Section 47501: Definitions
Definitions
Status: in_force

In this subchapter—

(1) "airport" means a public-use airport as defined in section 47102 of this title.

(2) "airport operator" means—

(A) for an airport serving air carriers that have certificates from the Secretary of Transportation, any person holding an airport operating certificate issued under section 44706 of this title; and

(B) for any other airport, the person operating the airport.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1284.)

Historical and Revision Notes

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

47501(1)
49 App.:2101(1).
Feb. 18, 1980, Pub. L. 96–193, §101(1), 94 Stat. 50; restated Sept. 3, 1982, Pub. L. 97–248, §524(b)(1), 96 Stat. 696; Dec. 30, 1987, Pub. L. 100–223, §103(f), 101 Stat. 1489.

  
49 App.:2101(3).
Feb. 18, 1980, Pub. L. 96–193, §101(3), 94 Stat. 50.

47501(2)
49 App.:2101(2).
Feb. 18, 1980, Pub. L. 96–193, §101(2), 94 Stat. 50; restated Sept. 3, 1982, Pub. L. 97–248, §524(b)(2), 96 Stat. 696.

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

In this section, the words "the term" are omitted as surplus.

In clause (1), the text of 49 App.:2101(3) is omitted as surplus because the complete name of the Secretary of Transportation is used the first time the term appears in a section.

In clause (2), the word "valid" is omitted as surplus.

Statutory Notes and Related Subsidiaries

Part 150 Noise Standards Update

Pub. L. 118–63, title VII, §786, May 16, 2024, 138 Stat. 1313, provided that:

"(a) In General.—Not later than 1 year after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall review and revise, as appropriate, part 150 of title 14, Code of Federal Regulations, to reflect all relevant laws and regulations, including part 161 of title 14, Code of Federal Regulations.

"(b) Outreach.—As part of the review conducted under subsection (a), the Administrator shall clarify existing and future noise policies and standards and seek feedback from airports, airport users, and individuals living in the vicinity of airports and in airport adjacent communities before implementing any changes to any noise policies or standards.

"(c) Briefing.—Not later than 90 days after the date of enactment of this Act, and every 6 months thereafter, the Administrator shall brief the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] regarding the review conducted under subsection (a).

"(d) Sunset.—The requirement under subsection (c) shall terminate on the earlier of—

"(1) October 1, 2028; or

"(2) the date on which 1 briefing is provided under subsection (c) after the changes in subsection (a) are implemented."

Reducing Community Aircraft Noise Exposure

Pub. L. 118–63, title VII, §787, May 16, 2024, 138 Stat. 1313, provided that: "In implementing or substantially revising a flight procedure, the Administrator [of the Federal Aviation Administration] shall consider the following actions (to the extent that such actions do not negatively affect aviation safety or efficiency) to reduce undesirable aircraft noise:

"(1) Implement flight procedures that can mitigate the impact of aircraft noise, based on a consensus community recommendation.

"(2) Work with airport sponsors and potentially impacted neighboring communities in establishing or modifying aircraft arrival and departure routes.

"(3) In collaboration with local governments, discourage local encroachment of residential or other buildings near airports that could create future aircraft noise complaints or impact airport operations or aviation safety."

Information Sharing Requirement

Pub. L. 118–63, title VII, §794, May 16, 2024, 138 Stat. 1319, provided that:

"(a) In General.—Not later than 2 years after the date of enactment of this Act [May 16, 2024], the Secretary [of Transportation], acting through the Administrator [of the Federal Aviation Administration], shall establish a mechanism to make helicopter noise complaint data accessible to the FAA [Federal Aviation Administration], to helicopter operators operating in the Washington, DC area, and to the public on a website of the FAA, based on the recommendation of the Government Accountability Office in the report titled 'Aircraft Noise: Better Information Sharing Could Improve Responses to Washington, D.C. Area Helicopter Noise Concerns', published on January 7, 2021 (GAO–21–200).

"(b) Cooperation.—Any helicopter operator operating in the Washington, DC area shall, to the extent practicable, provide helicopter noise complaint data to the FAA through the mechanism established under subsection (a).

"(c) Definitions.—In this section:

"(1) Helicopter noise complaint data.—The term 'helicopter noise complaint data'—

"(A) means general data relating to a complaint made by an individual about helicopter noise in the Washington, DC area and may include—

"(i) the location and description of the event that is the subject of the complaint;

"(ii) the start and end time of such event;

"(iii) a description of the aircraft that is the subject of the complaint; and

"(iv) the airport name associated with such event; and

"(B) does not include the personally identifiable information of the individual who submitted the complaint.

"(2) Washington, dc area.—The term 'Washington, DC area' means the area inside of a 30-mile radius surrounding Ronald Reagan Washington National Airport."

Mitigation of Military Helicopter Noise

Pub. L. 116–283, div. A, title X, §1087, Jan. 1, 2021, 134 Stat. 3877, provided that:

"(a) Process for Tracking Complaints.—The Secretary of Defense, in coordination with the Metropolitan Washington Airports Authority, shall develop a process to receive, track, and analyze complaints of military rotary wing aircraft noise in the National Capital Region that are registered on the noise inquiry websites of Ronald Reagan Washington National Airport and Dulles International Airport.

"(b) National Capital Region.—In this section, the term 'National Capital Region' has the meaning given such term in section 2674(f)(2) of title 10, United States Code."

Addressing Community Noise Concerns

Pub. L. 115–254, div. B, title I, §175, Oct. 5, 2018, 132 Stat. 3228, provided that: "When proposing a new area navigation departure procedure, or amending an existing procedure that would direct aircraft between the surface and 6,000 feet above ground level over noise sensitive areas, the Administrator of the Federal Aviation Administration shall consider the feasibility of dispersal headings or other lateral track variations to address community noise concerns, if—

"(1) the affected airport operator, in consultation with the affected community, submits a request to the Administrator for such a consideration;

"(2) the airport operator's request would not, in the judgment of the Administrator, conflict with the safe and efficient operation of the national airspace system; and

"(3) the effect of a modified departure procedure would not significantly increase noise over noise sensitive areas, as determined by the Administrator."

Aviation Noise Complaints

Pub. L. 112–95, title V, §510, Feb. 14, 2012, 126 Stat. 107, provided that: "Not later than 90 days after the date of enactment of this Act [Feb. 14, 2012], each owner or operator of a large hub airport (as defined in section 40102(a) of title 49, United States Code) shall publish on an Internet Web site of the airport a telephone number to receive aviation noise complaints related to the airport."

Airport Noise Study

Pub. L. 106–181, title VII, §745, Apr. 5, 2000, 114 Stat. 178, as amended by Pub. L. 106–528, §7(a), Nov. 22, 2000, 114 Stat. 2521, provided that:

"(a) In General.—The Secretary [of Transportation] shall enter into an agreement with the National Academy of Sciences to conduct a study on airport noise in the United States.

"(b) Contents of Study.—In conducting the study, the National Academy of Sciences shall examine—

"(1) the threshold of noise at which health begins to be affected;

"(2) the effectiveness of noise abatement programs at airports located in the United States;

"(3) the impacts of aircraft noise on communities, including schools; and

"(4) the noise assessment practices of the Federal Aviation Administration and whether such practices fairly and accurately reflect the burden of noise on communities.

"(c) Report.—Not later than 18 months after the date of the agreement entered into under subsection (a), the National Academy of Sciences shall transmit to the Secretary a report on the results of the study. Upon receipt of the report, the Secretary shall transmit a copy of the report to the appropriate committees of Congress.

"(d) Authorization of Appropriations.—There is authorized to be appropriated such sums as may be necessary to carry out this section."

Nonmilitary Helicopter Noise

Pub. L. 106–181, title VII, §747, Apr. 5, 2000, 114 Stat. 179, required the Secretary of Transportation to conduct a study on the effects of nonmilitary helicopter noise on individuals in densely populated areas in the continental United States and develop recommendations for the reduction of the effects of nonmilitary helicopter noise, focusing on air traffic control procedures to address helicopter noise problems and the needs of law enforcement, considering the views of representatives of the helicopter industry, and report to Congress a report on the study not later than 1 year after Apr. 5, 2000.
49 U.S.C. § 13907 (2024) — Title 49: TRANSPORTATION / Chapter 139 / Section 13907: Household goods agents
Household goods agents
Status: in_force

(a) Carriers Responsible for Agents.—Each motor carrier providing transportation of household goods shall be responsible for all acts or omissions of any of its agents which relate to the performance of household goods transportation services (including accessorial or terminal services) and which are within the actual or apparent authority of the agent from the carrier or which are ratified by the carrier.

(b) Standard for Selecting Agents.—Each motor carrier providing transportation of household goods shall use due diligence and reasonable care in selecting and maintaining agents who are sufficiently knowledgeable, fit, willing, and able to provide adequate household goods transportation services (including accessorial and terminal services) and to fulfill the obligations imposed upon them by this part and by such carrier.

(c) Enforcement.—

(1) Complaint.—Whenever the Secretary has reason to believe from a complaint or investigation that an agent providing household goods transportation services (including accessorial and terminal services) under the authority of a motor carrier providing transportation of household goods has violated section 14901(e) or 14912 or is consistently not fit, willing, and able to provide adequate household goods transportation services (including accessorial and terminal services), the Secretary may issue to such agent a complaint stating the charges and containing notice of the time and place of a hearing which shall be held no later than 60 days after service of the complaint to such agent.

(2) Right to defend.—The agent shall have the right to appear at such hearing and rebut the charges contained in the complaint.

(3) Order.—If the agent does not appear at the hearing or if the Secretary finds that the agent has violated section 14901(e) or 14912 or is consistently not fit, willing, and able to provide adequate household goods transportation services (including accessorial and terminal services), the Secretary may issue an order to compel compliance with the requirement that the agent be fit, willing, and able. Thereafter, the Secretary may issue an order to limit, condition, or prohibit such agent from any involvement in the transportation or provision of services incidental to the transportation of household goods if, after notice and an opportunity for a hearing, the Secretary finds that such agent, within a reasonable time after the date of issuance of a compliance order under this section, but in no event less than 30 days after such date of issuance, has willfully failed to comply with such order.

(4) Hearing.—Upon filing of a petition with the Secretary by an agent who is the subject of an order issued pursuant to the second sentence of paragraph (3) of this subsection and after notice, a hearing shall be held with an opportunity to be heard. At such hearing, a determination shall be made whether the order issued pursuant to paragraph (3) of this subsection should be rescinded.

(5) Court review.—Any agent adversely affected or aggrieved by an order of the Secretary issued under this subsection may seek relief in the appropriate United States court of appeals as provided by and in the manner prescribed in chapter 158 of title 28, United States Code.

(d) Limitation on Applicability of Antitrust Laws.—

(1) In general.—The antitrust laws, as defined in the first section of the Clayton Act (15 U.S.C. 12), do not apply to discussions or agreements between a motor carrier providing transportation of household goods and its agents (whether or not an agent is also a carrier) related solely to—

(A) rates for the transportation of household goods under the authority of the principal carrier;

(B) accessorial, terminal, storage, or other charges for services incidental to the transportation of household goods transported under the authority of the principal carrier;

(C) allowances relating to transportation of household goods under the authority of the principal carrier; and

(D) ownership of a motor carrier providing transportation of household goods by an agent or membership on the board of directors of any such motor carrier by an agent.

(2) Board review.—The Board, upon its own initiative or request, shall review any activities undertaken under paragraph (1) and shall modify or terminate the activity if necessary to protect the public interest.

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

(1) Household goods.—The term "household goods" has the meaning such term had under section 10102(11) of this title, as in effect on December 31, 1995.

(2) Transportation.—The term "transportation" means transportation that would be subject to the jurisdiction of the Interstate Commerce Commission under subchapter II of chapter 105 of this title, as in effect on December 31, 1995, if such subchapter were still in effect.

(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 887; amended Pub. L. 104–287, §5(35), Oct. 11, 1996, 110 Stat. 3392.)

Historical and Revision Notes

Pub. L. 104–287

This amends 49:13907(e)(1) and (2) for clarity and consistency.

Editorial Notes

References in Text

Section 10102(11) of this title, referred to in subsec. (e)(1), was omitted and a new section 10102 enacted in the general amendment of this subtitle by Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 804, 806, effective Jan. 1, 1996.

Subchapter II of chapter 105 of this title, referred to in subsec. (e)(2), was omitted in the general amendment of this subtitle by Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 804, effective Jan. 1, 1996.

Prior Provisions

Provisions similar to those in this section were contained in section 10934 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).

Amendments

1996—Subsec. (e)(1). Pub. L. 104–287, §5(35)(A), substituted "December 31, 1995" for "the day before the effective date of this section".

Subsec. (e)(2). Pub. L. 104–287, §5(35)(B), substituted "December 31, 1995" for "the day before such effective date".

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. § 60110 (2024) — Title 49: TRANSPORTATION / Chapter 601 / Section 60110: Excess flow valves
Excess flow valves
Status: in_force

(a) Application.—This section applies only to—

(1) a natural gas distribution system installed after the effective date of regulations prescribed under this section; and

(2) any other natural gas distribution system when repair to the system requires replacing a part to accommodate installing excess flow valves.

(b) Installation Requirements and Considerations.—Not later than April 24, 1994, the Secretary of Transportation shall prescribe standards on the circumstances, if any, under which an operator of a natural gas distribution system must install excess flow valves in the system. The Secretary shall consider—

(1) the system design pressure;

(2) the system operating pressure;

(3) the types of customers to which the distribution system supplies gas, including hospitals, schools, and commercial enterprises;

(4) the technical feasibility and cost of installing, operating, and maintaining the valve;

(5) the public safety benefits of installing the valve;

(6) the location of customer meters; and

(7) other factors the Secretary considers relevant.

(c) Notification of Availability.—(1) Not later than October 24, 1994, the Secretary shall prescribe standards requiring an operator of a natural gas distribution system to notify in writing its customers having lines in which excess flow valves are not required by law but can be installed according to the standards prescribed under subsection (e) of this section, of—

(A) the availability of excess flow valves for installation in the system;

(B) safety benefits to be derived from installation; and

(C) costs associated with installation, maintenance, and replacement.

(2) The standards shall provide that, except when installation is required under subsection (b) of this section, excess flow valves shall be installed at the request of the customer if the customer will pay all costs associated with installation.

(d) Report.—If the Secretary decides under subsection (b) of this section that there are no circumstances under which an operator must install excess flow valves, the Secretary shall submit to Congress a report on the reasons for the decision not later than 30 days after the decision is made.

(e) Performance Standards.—Not later than April 24, 1994, the Secretary shall develop standards for the performance of excess flow valves used to protect lines in a natural gas distribution system. The Secretary may adopt industry accepted performance standards in order to comply with the requirement under the preceding sentence. The standards shall be incorporated into regulations the Secretary prescribes under this section. All excess flow valves shall be installed according to the standards.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1316; Pub. L. 104–304, §§8, 20(j), Oct. 12, 1996, 110 Stat. 3800, 3805; Pub. L. 107–355, §21(1), Dec. 17, 2002, 116 Stat. 3010.)

Historical and Revision Notes

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

60110(a)
49 App.:1672(j)(5).
Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, §3(j); added Oct. 24, 1992, Pub. L. 102–508, §104, 106 Stat. 3291.

60110(b)
49 App.:1672(j)(1).

60110(c)
49 App.:1672(j)(2).

60110(d)
49 App.:1672(j)(3).

60110(e)
49 App.:1672(j)(4).

In subsection (a)(2), the words "in a manner" are omitted as surplus.

In subsection (b), before clause (1), the words "on when" are substituted for "prescribing the circumstances, if any, under which" to eliminate unnecessary words.

Editorial Notes

Amendments

2002—Subsec. (b). Pub. L. 107–355 substituted "circumstances, if any, under which an operator" for "circumstances under which an operator" in introductory provisions.

1996—Subsec. (b). Pub. L. 104–304, §20(j), substituted "standards" for "regulations" in introductory provisions.

Subsec. (b)(1). Pub. L. 104–304, §8(1), which directed the insertion of ", if any," after "circumstances" in the first sentence of subsection (b)(1), could not be executed because the word "circumstances" did not appear in subsec. (b)(1).

Subsec. (b)(4). Pub. L. 104–304, §8(2), inserted ", operating, and maintaining" after "cost of installing".

Subsec. (c)(1). Pub. L. 104–304, §20(j), substituted "standards" for "regulations" after "prescribe" in introductory provisions.

Subsec. (c)(1)(C). Pub. L. 104–304, §8(3), inserted ", maintenance, and replacement" after "installation".

Subsec. (c)(2). Pub. L. 104–304, §20(j), substituted "standards" for "regulations".

Subsec. (e). Pub. L. 104–304, §8(4), inserted after first sentence "The Secretary may adopt industry accepted performance standards in order to comply with the requirement under the preceding sentence."
49 U.S.C. § 14711 (2024) — Title 49: TRANSPORTATION / Chapter 147 / Section 14711: Enforcement by State attorneys general
Enforcement by State attorneys general
Status: in_force

(a) In General.—A State, as parens patriae, may bring a civil action on behalf of its residents in an appropriate district court of the United States to enforce the consumer protection provisions of this title that apply to individual shippers, as determined by the Secretary, and are related to the delivery and transportation of household goods by a household goods motor carrier subject to jurisdiction under subchapter I of chapter 135 or regulations or orders of the Secretary or the Board issued under such provisions or to impose the civil penalties authorized by this part or such regulations or orders, whenever the attorney general of the State has reason to believe that the interests of the residents of the State have been or are being threatened or adversely affected by a carrier or broker providing transportation subject to jurisdiction under subchapter I or III of chapter 135 or a foreign motor carrier providing transportation that is registered under section 13902 and is engaged in household goods transportation that violates this part or a regulation or order of the Secretary or Board, as applicable, issued under this part.

(b) Notice and Consent.—

(1) In general.—The State shall serve written notice to the Secretary or the Board, as the case may be, of any civil action under subsection (a) prior to initiating such civil action. The notice shall include a copy of the complaint to be filed to initiate such civil action.

(2) Conditions.—The Secretary or the Board—

(A) shall review the initiation of a civil action under this section by a State if—

(i) the carrier or broker that is the subject of the action is not registered with the Department of Transportation;

(ii) the license of the carrier or broker for failure to file proof of required bodily injury or cargo liability insurance is pending, or the license has been revoked for any other reason by the Department;

(iii) the carrier is not rated or has received a conditional or unsatisfactory safety rating by the Department; or

(iv) the carrier or broker has been licensed with the Department for less than 5 years; and

(B) may review if the carrier or broker fails to meet criteria developed by the Secretary that are consistent with this section.

(3) Congressional notification.—The Secretary shall notify the Committee on Commerce, Science, and Transportation, of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of any criteria developed by the Secretary under paragraph (2)(B).

(4) 60-day deadline.—The Secretary or the Board shall be considered to have consented to any civil action of a State under this section if the Secretary or the Board has taken no action with respect to the notice within 60 calendar days after the date on which the Secretary or the Board received notice under paragraph (1).

(c) Authority to Intervene.—Upon receiving the notice required by subsection (b), the Secretary or board may intervene in a civil action of a State under this section and upon intervening—

(1) be heard on all matters arising in such civil action; and

(2) file petitions for appeal of a decision in such civil actions.

(d) Construction.—For purposes of bringing any civil action under subsection (a), nothing in this section shall—

(1) convey a right to initiate or maintain a class action lawsuit in the enforcement of a Federal law or regulation; or

(2) prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence.

(e) Venue; Service of Process.—In a civil action brought under subsection (a)—

(1) the venue shall be a Federal judicial district in which—

(A) the carrier, foreign motor carrier, or broker operates;

(B) the carrier, foreign motor carrier, or broker was authorized to provide transportation at the time the complaint arose; or

(C) where the defendant in the civil action is found;

(2) process may be served without regard to the territorial limits of the district or of the State in which the civil action is instituted; and

(3) a person who participated with a carrier or broker in an alleged violation that is being litigated in the civil action may be joined in the civil action without regard to the residence of the person.

(f) Enforcement of State Law.—Nothing contained in this section shall prohibit an authorized State official from proceeding in State court to enforce a criminal statute of such State.

(Added Pub. L. 109–59, title IV, §4206(b)(1), Aug. 10, 2005, 119 Stat. 1755; amended Pub. L. 109–115, div. A, title I, §173(c), (d), Nov. 30, 2005, 119 Stat. 2426.)

Editorial Notes

Amendments

2005—Subsec. (b)(1). Pub. L. 109–115, §173(c), (e), temporarily inserted at end "The State may initiate a civil action under subsection (a) if it is reviewable under subsection (b)(2)." See Termination Date of 2005 Amendment note below.

Subsec. (b)(4). Pub. L. 109–115, §173(d), (e), temporarily inserted "that is subject to review under subsection (b)(2)" before "if the Secretary". See Termination Date of 2005 Amendment note below.

Statutory Notes and Related Subsidiaries

Termination Date of 2005 Amendment

Amendment by Pub. L. 109–115 to cease to be in effect after Sept. 30, 2006, see section 173(e) of Pub. L. 109–115, set out as a note under section 14710 of this title.

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. § 50104 (2024) — Title 49: TRANSPORTATION / Chapter 501 / Section 50104: Restriction on airport projects using products or services of foreign countries denying fair market opportunities
Restriction on airport projects using products or services of foreign countries denying fair market opportunities
Status: in_force

(a) Definition and Rules for Construing Section.—In this section—

(1) "project" has the same meaning given that term in section 47102 of this title.

(2) each foreign instrumentality and each territory and possession of a foreign country administered separately for customs purposes is a separate foreign country.

(3) an article substantially produced or manufactured in a foreign country is a product of the country.

(4) a service provided by a person that is a national of a foreign country or that is controlled by a national of a foreign country is a service of the country.

(b) Limitation on Use of Available Amounts.—(1) An amount made available under subchapter I of chapter 471 of this title may not be used for a project that uses a product or service of a foreign country during any period the country is on the list maintained by the United States Trade Representative under subsection (d)(1) of this section.

(2) Paragraph (1) of this subsection does not apply when the Secretary of Transportation decides that—

(A) applying paragraph (1) to the product, service, or project is not in the public interest;

(B) a product or service of the same class or type and of satisfactory quality is not produced or offered in the United States, or in a foreign country not listed under subsection (d)(1) of this section, in a sufficient and reasonably available amount; and

(C) the project cost will increase by more than 20 percent if the product or service is excluded.

(c) Decisions on Denial of Fair Market Opportunities.—Not later than 30 days after a report is submitted to Congress under section 181(b) of the Trade Act of 1974 (19 U.S.C. 2241(b)), the Trade Representative, for a construction project of more than $500,000 for which the government of a foreign country supplies any part of the amount, shall decide whether the foreign country denies fair market opportunities for products and suppliers of the United States in procurement or for United States bidders. In making the decision, the Trade Representative shall consider information obtained in preparing the report and other information the Trade Representative considers relevant.

(d) List of Countries Denying Fair Market Opportunities.—(1) The Trade Representative shall maintain a list of each foreign country the Trade Representative finds under subsection (c) of this section is denying fair market opportunities. The country shall remain on the list until the Trade Representative decides the country provides fair market opportunities.

(2) The Trade Representative shall publish in the Federal Register—

(A) annually the list required under paragraph (1) of this subsection; and

(B) any modification of the list made before the next list is published.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1299, §49104; renumbered §50104 and amended Pub. L. 104–287, §5(88)(D), (89), Oct. 11, 1996, 110 Stat. 3398; Pub. L. 118–63, title VII, §768(b)(2), May 16, 2024, 138 Stat. 1294.)

Historical and Revision Notes
Pub. L. 103–272

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

49104(a)(1)
(no source).

49104(a)(2)– (4)
49 App.:2226(d).
Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §533; added Dec. 30, 1987, Pub. L. 100–223, §115, 101 Stat. 1505.

49104(b)
49 App.:2226(a).

49104(c)
49 App.:2226(b).

49104(d)
49 App.:2226(c).

Subsection (a)(1) is added for clarity.

In subsection (b)(1), the words "subchapter I of chapter 471 of this title (except sections 47106(d) and 47127)" are substituted for "Act" in section 533(a)(1) of the Airport and Airway Development Act of 1982, as added by section 115 of the Airport and Airway Safety and Capacity Expansion Act of 1987 (Public Law 100–223, 101 Stat. 1505) to correct a mistake.

In subsection (b)(2), before clause (A), the words "with respect to the use of a product or service in a project" are omitted as surplus. In clause (B), the words "or service" are added for clarity and consistency in this section. In clause (C), the words "overall" and "contract" are omitted as surplus.

In subsection (c), the words "the date which is", "the date on which", "or not", and "and equitable" are omitted as surplus.

In subsection (d)(1), the words "finds under subsection (c) of this section is denying fair market opportunities" are substituted for "with respect to which an affirmative determination is made under subsection (b)" for clarity.

In subsection (d)(2)(A), the word "entire" is omitted as surplus.

Pub. L. 104–287, §5(89)

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

Editorial Notes

Amendments

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

1996—Pub. L. 104–287, §5(88)(D), renumbered section 49104 of this title as this section.

Subsec. (b)(1). Pub. L. 104–287, §5(89), substituted "section 47127" for "sections 47106(d) and 47127".
49 U.S.C. § 60133 (2024) — Title 49: TRANSPORTATION / Chapter 601 / Section 60133: Coordination of environmental reviews
Coordination of environmental reviews
Status: in_force

(a) Interagency Committee.—

(1) Establishment and purpose.—Not later than 30 days after the date of enactment of this section, the President shall establish an Interagency Committee to develop and ensure implementation of a coordinated environmental review and permitting process in order to enable pipeline operators to commence and complete all activities necessary to carry out pipeline repairs within any time periods specified by rule by the Secretary.

(2) Membership.—The Chairman of the Council on Environmental Quality (or a designee of the Chairman) shall chair the Interagency Committee, which shall consist of representatives of Federal agencies with responsibilities relating to pipeline repair projects, including each of the following persons (or a designee thereof):

(A) The Secretary of Transportation.

(B) The Administrator of the Environmental Protection Agency.

(C) The Director of the United States Fish and Wildlife Service.

(D) The Assistant Administrator for Fisheries of the National Oceanic and Atmospheric Administration.

(E) The Director of the Bureau of Land Management.

(F) The Director of the Minerals Management Service.

(G) The Assistant Secretary of the Army for Civil Works.

(H) The Chairman of the Federal Energy Regulatory Commission.

(3) Evaluation.—The Interagency Committee shall evaluate Federal permitting requirements to which access, excavation, and restoration activities in connection with pipeline repairs described in paragraph (1) may be subject. As part of its evaluation, the Interagency Committee shall examine the access, excavation, and restoration practices of the pipeline industry in connection with such pipeline repairs, and may develop a compendium of best practices used by the industry to access, excavate, and restore the site of a pipeline repair.

(4) Memorandum of understanding.—Based upon the evaluation required under paragraph (3) and not later than 1 year after the date of enactment of this section, the members of the Interagency Committee shall enter into a memorandum of understanding to provide for a coordinated and expedited pipeline repair permit review process to carry out the purpose set forth in paragraph (1). The Interagency Committee shall include provisions in the memorandum of understanding identifying those repairs or categories of repairs described in paragraph (1) for which the best practices identified under paragraph (3), when properly employed by a pipeline operator, would result in no more than minimal adverse effects on the environment and for which discretionary administrative reviews may therefore be minimized or eliminated. With respect to pipeline repairs described in paragraph (1) to which the preceding sentence would not be applicable, the Interagency Committee shall include provisions to enable pipeline operators to commence and complete all activities necessary to carry out pipeline repairs within any time periods specified by rule by the Secretary. The Interagency Committee shall include in the memorandum of understanding criteria under which permits required for such pipeline repair activities should be prioritized over other less urgent agency permit application reviews. The Interagency Committee shall not enter into a memorandum of understanding under this paragraph except by unanimous agreement of the members of the Interagency Committee.

(5) State and local consultation.—In carrying out this subsection, the Interagency Committee shall consult with appropriate State and local environmental, pipeline safety, and emergency response officials, and such other officials as the Interagency Committee considers appropriate.

(b) Implementation.—Not later than 180 days after the completion of the memorandum of understanding required under subsection (a)(4), each agency represented on the Interagency Committee shall revise its regulations as necessary to implement the provisions of the memorandum of understanding.

(c) Savings Provisions; No Preemption.—Nothing in this section shall be construed—

(1) to require a pipeline operator to obtain a Federal permit, if no Federal permit would otherwise have been required under Federal law; or

(2) to preempt applicable Federal, State, or local environmental law.

(d) Interim Operational Alternatives.—

(1) In general.—Not later than 30 days after the date of enactment of this section, and subject to the limitations in paragraph (2), the Secretary of Transportation shall revise the regulations of the Department, to the extent necessary, to permit a pipeline operator subject to time periods for repair specified by rule by the Secretary to implement alternative mitigation measures until all applicable permits have been granted.

(2) Limitations.—The regulations issued by the Secretary pursuant to this subsection shall not allow an operator to implement alternative mitigation measures pursuant to paragraph (1) unless—

(A) allowing the operator to implement such measures would be consistent with the protection of human health, public safety, and the environment;

(B) the operator, with respect to a particular repair project, has applied for and is pursuing diligently and in good faith all required Federal, State, and local permits to carry out the project; and

(C) the proposed alternative mitigation measures are not incompatible with pipeline safety.

(e) Ombudsman.—The Secretary shall designate an ombudsman to assist in expediting pipeline repairs and resolving disagreements between Federal, State, and local permitting agencies and the pipeline operator during agency review of any pipeline repair activity, consistent with protection of human health, public safety, and the environment.

(f) State and Local Permitting Processes.—The Secretary shall encourage States and local governments to consolidate their respective permitting processes for pipeline repair projects subject to any time periods for repair specified by rule by the Secretary. The Secretary may request other relevant Federal agencies to provide technical assistance to States and local governments for the purpose of encouraging such consolidation.

(Added Pub. L. 107–355, §16(a), Dec. 17, 2002, 116 Stat. 3006.)

Editorial Notes

References in Text

The date of enactment of this section, referred to in subsecs. (a)(1), (4) and (d)(1), is the date of enactment of Pub. L. 107–355, which was approved Dec. 17, 2002.

Executive Documents

Transfer of Functions

The Minerals Management Service was abolished and functions divided among the Office of Natural Resources Revenue, the Bureau of Ocean Energy Management, and the Bureau of Safety and Environmental Enforcement. See Secretary of the Interior Orders No. 3299 of May 19, 2010, and No. 3302 of June 18, 2010, and chapters II, V, and XII of title 30, Code of Federal Regulations, as revised by final rules of the Department of the Interior at 75 F.R. 61051 and 76 F.R. 64432.
49 U.S.C. § 41109 (2024) — Title 49: TRANSPORTATION / Chapter 411 / Section 41109: Terms of certificates
Terms of certificates
Status: in_force

(a) General.—(1) Each certificate issued under section 41102 of this title shall specify the type of transportation to be provided.

(2) The Secretary of Transportation—

(A) may prescribe terms for providing air transportation under the certificate that the Secretary finds may be required in the public interest; but

(B) may not prescribe a term preventing an air carrier from adding or changing schedules, equipment, accommodations, and facilities for providing the authorized transportation to satisfy business development and public demand.

(3) A certificate issued under section 41102 of this title to provide foreign air transportation shall specify the places between which the air carrier is authorized to provide the transportation only to the extent the Secretary considers practicable and otherwise only shall specify each general route to be followed. The Secretary shall authorize an air carrier holding a certificate to provide foreign air transportation to handle and transport mail of countries other than the United States.

(4) A certificate issued under section 41102 of this title to provide foreign charter air transportation shall specify the places between which the air carrier is authorized to provide the transportation only to the extent the Secretary considers practicable and otherwise only shall specify each geographical area in which, or between which, the transportation may be provided.

(5) As prescribed by regulation by the Secretary, an air carrier other than a charter air carrier may provide charter trips or other special services without regard to the places named or type of transportation specified in its certificate.

(b) Modifying Terms.—(1) An air carrier may file with the Secretary an application to modify any term of its certificate issued under section 41102 of this title to provide interstate or foreign air transportation. Not later than 60 days after an application is filed, the Secretary shall—

(A) provide the carrier an opportunity for an oral evidentiary hearing on the record; or

(B) begin to consider the application under section 41111 of this title.

(2) The Secretary shall modify each term the Secretary finds to be inconsistent with the criteria under section 40101(a) and (b) of this title.

(3) An application under this subsection may not be dismissed under section 41108(b)(1)(C) of this title.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1123; Pub. L. 104–287, §5(70), Oct. 11, 1996, 110 Stat. 3396.)

Historical and Revision Notes
Pub. L. 103–272

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

41109(a)(1)
49 App.:1371(e)(1) (words before semicolon).
Aug. 23, 1958, Pub. L. 85–726, §401(e)(1), 72 Stat. 755; restated July 10, 1962, Pub. L. 87–528, §3, 76 Stat. 143.

  
49 App.:1551(a)(1)(C).
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(a)(1)(C); added Oct. 24, 1978, Pub. L. 95–504, §40(a), 92 Stat. 1744.

41109(a)(2)
49 App.:1371(e)(1) (words after semicolon).

  
49 App.:1371(e)(4).
Aug. 23, 1958, Pub. L. 85–726, §401(e)(3), (4), 72 Stat. 755; restated July 10, 1962, Pub. L. 87–528, §3, 76 Stat. 143; Oct. 24, 1978, Pub. L. 95–504, §15(a), (b), 92 Stat. 1719.

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

41109(a)(3)
49 App.:1371(e)(2).
Aug. 23, 1958, Pub. L. 85–726, §401(e)(2), 72 Stat. 755; restated July 10, 1962, Pub. L. 87–528, §3, 76 Stat. 143; Feb. 15, 1980, Pub. L. 96–192, §5, 94 Stat. 37.

  
49 App.:1551(b)(1)(E).

41109(a)(4)
49 App.:1371(e)(3).

  
49 App.:1551(b)(1)(E).

41109(b)
49 App.:1371(e)(7)(B).
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §401(e)(7)(B); added Oct. 24, 1978, Pub. L. 95–504, §16, 92 Stat. 1720.

  
49 App.:1551(b)(1)(E).

In subsection (a)(1), the text of 49 App.:1371(e)(1) (words before semicolon related to terminal and intermediate points) is omitted as obsolete because of 49 App.:1551(a)(1)(C) and because interstate and overseas air transportation is no longer regulated. The words "type of" are added for clarity. The word "provided" is substituted for "rendered" for consistency in the revised title.

In subsection (a)(2), the words before clause (A) are added for clarity. Clause (A) is substituted for 49 App.:1371(e)(1) (words after semicolon) for clarity and consistency and to eliminate unnecessary words. In clause (B), the words "may not prescribe a term preventing" are substituted for "No term, condition, or limitation of a certificate shall restrict the right" for clarity and consistency. The word "providing" is substituted for "performing" for consistency in the revised title.

In subsection (a)(3) and (4), the word "places" is substituted for "points", and the word "provide" is substituted for "engage in", for consistency in the revised title. The words "terminal and intermediate" are omitted as surplus. The words "between which the air carrier is authorized to provide the transportation" are added for clarity and consistency.

In subsection (a)(3), the words "or routes" are omitted because of 1:1. The words "The Secretary" are added for clarity.

In subsection (a)(4), the words "or areas" are omitted because of 1:1.

In subsection (b), the words "condition, or limitation" are omitted as being included in "term".

In subsection (b)(1), before clause (A), the word "modify" is substituted for "removal or modification" to eliminate unnecessary words. The word "provide" is substituted for "engage in" for consistency in the revised title. In clause (A), the words "provide the carrier an opportunity" are substituted for "set such application" for consistency in the revised title and with other titles of the United States Code. In clause (B), the words "the simplified procedures established by the Board in regulations pursuant to" are omitted as surplus.

Pub. L. 104–287

This amends 49:41109(a) to clarify the restatement of 49 App.:1371(e) by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1123).

Editorial Notes

Amendments

1996—Subsec. (a)(5). Pub. L. 104–287 added par. (5).

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Amendment by Pub. L. 104–287 effective July 5, 1994, see section 8(1) of Pub. L. 104–287, set out as a note under section 5303 of this title.
49 U.S.C. § 5318 (2024) — Title 49: TRANSPORTATION / Chapter 53 / Section 5318: Bus testing facility
Bus testing facility
Status: in_force

(a) Facility.—The Secretary shall maintain one facility for testing a new bus model for maintainability, reliability, safety, performance (including braking performance), structural integrity, fuel economy, emissions, and noise.

(b) Operation and Maintenance.—The Secretary shall enter into a contract or cooperative agreement with, or make a grant to, a qualified person or organization to operate and maintain the facility. The contract, cooperative agreement, or grant may provide for the testing of rail cars and other public transportation vehicles at the facility.

(c) Fees.—The person operating and maintaining the facility shall establish and collect fees for the testing of vehicles at the facility. The Secretary must approve the fees.

(d) Availability of Amounts To Pay for Testing.—The Secretary shall enter into a contract or cooperative agreement with, or make a grant to, the operator of the facility under which the Secretary shall pay 80 percent of the cost of testing a vehicle at the facility from amounts available to carry out this section. The entity having the vehicle tested shall pay 20 percent of the cost.

(e) Acquiring New Bus Models.—

(1) In general.—Amounts appropriated or otherwise made available under this chapter may be obligated or expended to acquire a new bus model only if—

(A) a bus of that model has been tested at a facility authorized under subsection (a); and

(B) the bus tested under subparagraph (A) met—

(i) performance standards for maintainability, reliability, performance (including braking performance), structural integrity, fuel economy, emissions, and noise, as established by the Secretary by rule; and

(ii) the minimum safety performance standards established by the Secretary pursuant to section 5329(b).

(2) Bus test "pass/fail" standard.—Not later than 2 years after the date of enactment of the Federal Public Transportation Act of 2012, the Secretary shall issue a final rule under subparagraph (B)(i). The final rule issued under paragraph 1 (B)(i) shall include a bus model scoring system that results in a weighted, aggregate score that uses the testing categories under subsection (a) and considers the relative importance of each such testing category. The final rule issued under subparagraph (B)(i) shall establish a "pass/fail" standard that uses the aggregate score described in the preceding sentence. Amounts appropriated or otherwise made available under this chapter may be obligated or expended to acquire a new bus model only if the new bus model has received a passing aggregate test score. The Secretary shall work with the bus testing facility, bus manufacturers, and transit agencies to develop the bus model scoring system under this paragraph. A passing aggregate test score under the rule issued under subparagraph (B)(i) indicates only that amounts appropriated or made available under this chapter may be obligated or expended to acquire a new bus model and shall not be interpreted as a warranty or guarantee that the new bus model will meet a purchaser's specific requirements.

(f) Capital Equipment.—A facility operated and maintained under this section may use funds made available under this section for the acquisition of equipment and capital projects related to testing new bus models.

(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 817; Pub. L. 103–429, §6(8), Oct. 31, 1994, 108 Stat. 4378; Pub. L. 105–178, title III, §§3018, 3029(b)(8), June 9, 1998, 112 Stat. 361, 372; Pub. L. 109–59, title III, §§3002(b)(4), 3020, Aug. 10, 2005, 119 Stat. 1545, 1608; Pub. L. 112–141, div. B, §20014, July 6, 2012, 126 Stat. 694; Pub. L. 117–58, div. C, §30008, Nov. 15, 2021, 135 Stat. 903.)

Historical and Revision Notes
Pub. L. 103–272

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

5318(a) 
49 App.:1608 (note). 
Apr. 2, 1987, Pub. L. 100–17, §317(b)(1), 101 Stat. 233; Dec. 18, 1991, Pub. L. 102–240, §6021(b), 105 Stat. 2184.

5318(b) 
49 App.:1608 (note). 
Apr. 2, 1987, Pub. L. 100–17, §317(b)(2), 101 Stat. 233.

5318(c) 
49 App.:1608 (note). 
Apr. 2, 1987, Pub. L. 100–17, §317(b)(3), 101 Stat. 233.

5318(d) 
49 App.:1602(m) (2d–last sentences). 
July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §3(m) (2d–last sentences); added Dec. 18, 1991, Pub. L. 102–240, §3009, 105 Stat. 2093.

5318(e) 
49 App.:1608 (note). 
Apr. 2, 1987, Pub. L. 100–17, §317(b)(5), 101 Stat. 233; Dec. 18, 1991, Pub. L. 102–240, §6021(c), 105 Stat. 2184.

  
49 App.:1608 (note). 
Apr. 2, 1987, Pub. L. 100–17, 101 Stat. 132, §317(b)(6); added Dec. 18, 1991, Pub. L. 102–240, §6021(d), 105 Stat. 2184.

In subsection (c), the words "Under the contract entered into under paragraph (2)" are omitted as surplus.

In subsection (d), the words "to the operator of the facility" are omitted as surplus.

In subsection (e), the text of section 317(b)(5) of the Surface Transportation and Relocation Assistance Act of 1987 (Public Law 100–17, 101 Stat. 132) is omitted as obsolete. The words "operating and maintaining the facility" are substituted for "described in paragraph (3)" for clarity.

Pub. L. 103–429

This amends 49:5318(e) to correct an erroneous cross-reference.

Editorial Notes

References in Text

The date of enactment of the Federal Public Transportation Act of 2012, referred to in subsec. (e)(2), is deemed to be Oct. 1, 2012, 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.

Amendments

2021—Subsec. (f). Pub. L. 117–58 added subsec. (f).

2012—Pub. L. 112–141 added subsec. (e) and struck out former subsec. (e). Prior to amendment, text read as follows: "Amounts appropriated or made available under this chapter may be obligated or expended to acquire a new bus model only if a bus of that model has been tested at the facility maintained by the Secretary under subsection (a)."

2005—Subsec. (a). Pub. L. 109–59, §3020(a), amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: "The Secretary of Transportation shall establish one facility for testing a new bus model for maintainability, reliability, safety, performance (including braking performance), structural integrity, fuel economy, emissions, and noise. The facility shall be established by renovating a facility built with assistance of the United States Government to train rail personnel."

Subsec. (b). Pub. L. 109–59, §3002(b)(4), substituted "public transportation" for "mass transportation".

Subsec. (d). Pub. L. 109–59, §3020(b), substituted "to carry out this section" for "under section 5309(m)(1)(C) of this title".

Subsec. (e). Pub. L. 109–59, §3020(c), amended heading and text of subsec. (e) generally. Prior to amendment, text read as follows: "The Secretary has a bus testing revolving loan fund consisting of amounts authorized for the fund under section 317(b)(5) of the Surface Transportation and Uniform Relocation Assistance Act of 1987. The Secretary shall make available as repayable advances from the fund to the person operating and maintaining the facility amounts to operate and maintain the facility."

1998—Subsec. (b). Pub. L. 105–178, §3018(a), substituted "enter into a contract or cooperative agreement with, or make a grant to," for "make a contract with" and inserted "or organization" after "qualified person", ", cooperative agreement, or grant" after "The contract", and "mass transportation" after "and other".

Subsec. (d). Pub. L. 105–178, §§3018(b), 3029(b)(8), substituted "enter into a contract or cooperative agreement with, or make a grant to," for "make a contract with" and "5309(m)(1)(C) of this title" for "5338(j)(5) of this title".

1994—Subsec. (e). Pub. L. 103–429 inserted "Uniform" before "Relocation".

Statutory Notes and Related Subsidiaries

Effective Date of 2012 Amendment

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

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.

1 So in original. Probably should be "subparagraph".
49 U.S.C. § 20113 (2024) — Title 49: TRANSPORTATION / Chapter 201 / Subchapter I / Section 20113: Enforcement by the States
Enforcement by the States
Status: in_force

(a) Injunctive Relief.—If the Secretary of Transportation does not begin a civil action under section 20112 of this title to enjoin the violation of a railroad safety regulation prescribed or order issued by the Secretary not later than 15 days after the date the Secretary receives notice of the violation and a request from a State authority participating in investigative and surveillance activities under section 20105 of this title that the action be brought, the authority may bring a civil action in a district court of the United States to enjoin the violation. This subsection does not apply if the Secretary makes an affirmative written finding that the violation did not occur or that the action is not necessary because of other enforcement action taken by the Secretary related to the violation.

(b) Imposition and Collection of Civil Penalties.—If the Secretary does not impose the applicable civil penalty for a violation of a railroad safety regulation prescribed or order issued by the Secretary not later than 60 days after the date of receiving notice from a State authority participating in investigative and surveillance activities under section 20105 of this title, the authority may bring a civil action in a district court of the United States to impose and collect the penalty. This paragraph does not apply if the Secretary makes an affirmative written finding that the violation did not occur.

(c) Venue.—A civil action under this section may be brought in the judicial district in which the violation occurred or the defendant has its principal executive office. However, a State authority may not bring an action under this section outside the State.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 869.)

Historical and Revision Notes

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

20113(a) 
45:436(b)(1) (related to authority to bring actions), (2). 
Oct. 16, 1970, Pub. L. 91–458, §207(b), (c), 84 Stat. 974; Nov. 2, 1978, Pub. L. 95–574, §8, 92 Stat. 2461; restated Oct. 10, 1980, Pub. L. 96–423, §5, 94 Stat. 1812.

  
45:439(a) (related to actions by States). 
Oct. 16, 1970, Pub. L. 91–458, §210(a) (related to actions by States), 84 Stat. 975; Oct. 10, 1980, Pub. L. 96–423, §9(a), 94 Stat. 1814; Nov. 16, 1990, Pub. L. 101–615, §28(f), 104 Stat. 3277.

20113(b) 
45:436(a)(1) (related to authority to bring actions), (2). 
Oct. 16, 1970, Pub. L. 91–458, §207(a), 84 Stat. 974; Nov. 2, 1978, Pub. L. 95–574, §8, 92 Stat. 2461; restated Oct. 10, 1980, Pub. L. 96–423, §5, 94 Stat. 1812; Nov. 16, 1990, Pub. L. 101–615, §28(e), 104 Stat. 3277.

20113(c) 
45:436(a)(1) (related to venue), (b)(1) (related to venue), (c).

  
45:439(c) (related to actions by States). 
Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, §210(c) (related to actions by States); added Oct. 10, 1980, Pub. L. 96–423, §9(b), 94 Stat. 1815.

In subsection (a), the language about jurisdiction in 45:439(a) (related to actions by States) is omitted for the reasons explained in the revision note for section 20112(a) of the revised title.

In subsection (b), the word "impose" is substituted for "assess" for consistency. The words "the authority may bring a civil action in an appropriate district court of the United States" are substituted for "agency may apply to the United States district court" for consistency in the revised title and with other titles of the United States Code. The words "included in or made applicable to such rule, regulation, order, or standard" are omitted as surplus.

In subsection (c), the reference to "section 207(d)" in section 210(c) of the Federal Railroad Safety Act of 1970 (Public Law 91–458, 84 Stat. 971), as added by section 9(b) of the Federal Railroad Safety Authorization Act of 1980 (Public Law 96–423, 94 Stat. 1815), is assumed to have been intended as a reference to section 207(c). The Federal Railroad Safety Authorization Act of 1980 was derived from S. 2730, which in turn was derived from H.R. 7104. See 126 Cong. Rec. 26535 (1980). Section 207(d) in an earlier version of H.R. 7104 was redesignated as section 207(c) during the legislative process and no section 207(d) was enacted. See H.R. Rept. No. 96–1025, 96th Cong., 2d Sess., pp. 14, 15 (1980).
49 U.S.C. § 33106 (2024) — Title 49: TRANSPORTATION / Chapter 331 / Section 33106: Exemption for passenger motor vehicles equipped with anti-theft devices
Exemption for passenger motor vehicles equipped with anti-theft devices
Status: in_force

(a) Definitions.—In this section—

(1) "anti-theft device" means a device to reduce or deter theft that—

(A) is in addition to the theft-deterrent devices required by motor vehicle safety standard numbered 114 in section 571.114 of title 49, Code of Federal Regulations;

(B) the manufacturer believes will be effective in reducing or deterring theft of motor vehicles; and

(C) does not use a signaling device reserved by State law for use on police, emergency, or official vehicles, or on schoolbuses.

(2) "standard equipment" means equipment already installed in a motor vehicle when it is delivered from the manufacturer and not an accessory or other item that the first purchaser customarily has the option to have installed.

(b) Granting Exemptions and Limitations.—(1) A manufacturer may petition the Secretary of Transportation for an exemption from a requirement of a standard prescribed under section 33102 or 33103 of this title for a line of passenger motor vehicles equipped as standard equipment with an anti-theft device that the Secretary decides is likely to be as effective in reducing and deterring motor vehicle theft as compliance with the standard.

(2) The Secretary may grant an exemption—

(A) for model year 1987, for not more than 2 lines of a manufacturer;

(B) for each of the model years 1988–1996, for not more than 2 additional lines of a manufacturer;

(C) for each of the model years 1997–2000, for not more than one additional line of a manufacturer; and

(D) for each of the model years after model year 2000, for the number of lines that the Attorney General decides under section 33103(d)(3) of this title.

(3) An additional exemption granted under paragraph (2)(B) or (C) of this subsection does not affect an exemption previously granted.

(c) Petitioning Procedure.—A petition must be filed not later than 8 months before the start of production for the first model year covered by the petition. The petition must include—

(1) a detailed description of the device;

(2) the reasons for the manufacturer's conclusion that the device will be effective in reducing and deterring theft of motor vehicles; and

(3) additional information the Secretary reasonably may require to make the decision described in subsection (b)(1) of this section.

(d) Decisions and Approvals.—The Secretary shall make a decision about a petition filed under this section not later than 120 days after the date the petition is filed. A decision approving a petition must be based on substantial evidence. The Secretary may approve a petition in whole or in part. If the Secretary does not make a decision within the 120-day period, the petition shall be deemed to be approved and the manufacturer shall be exempt from the standard for the line covered by the petition for the subsequent model year.

(e) Rescissions.—The Secretary may rescind an exemption if the Secretary decides that the anti-theft device has not been as effective in reducing and deterring motor vehicle theft as compliance with the standard. A rescission may be effective only—

(1) for a model year after the model year in which the rescission occurs; and

(2) at least 6 months after the manufacturer receives written notice of the rescission from the Secretary.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1082; Pub. L. 103–429, §6(45), Oct. 31, 1994, 108 Stat. 4383.)

Historical and Revision Notes
Pub. L. 103–272

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

33106(a)(1)
15:2025(e).
Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §605(a)(1), (3), (b)–(e); added Oct. 25, 1984, Pub. L. 98–547, §101(a), 98 Stat. 2759.

33106(a)(2)
15:2025(a)(3).

33106(b)
15:2025(a)(1), (2).
Oct. 20, 1972, Pub. L. 92–513, 86 Stat. 947, §605(a)(2); added Oct. 25, 1984, Pub. L. 98–547, §101(a), 98 Stat. 2759; Oct. 25, 1992, Pub. L. 102–519, §304, 106 Stat. 3396.

33106(c)
15:2025(b).

33106(d)
15:2025(c).

33106(e)
15:2025(d).

In subsection (b)(1), the words "the application of any of" are omitted as surplus. The words "or lines" are omitted because of 1:1.

In subsection (b)(2)(A), the words "for model year 1987" are substituted for "For the initial model year to which such standard applies" for clarity. See 50 Fed. Reg. 43166 (1985). In clause (D), the words "that the Attorney General decides" are substituted for "for which the Secretary may grant such an exemption (if any) shall be determined" for clarity and because of the restatement.

In subsection (d), the words "for the line covered by the petition" are added for clarity.

Subsection (e) is substituted for 15:2025(d) for clarity and to eliminate unnecessary words.

Pub. L. 103–429

This amends 49:33106(b)(3) to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1082).

Editorial Notes

Amendments

1994—Subsec. (b)(3). Pub. L. 103–429 substituted "paragraph (2)(B) or (C) of this subsection" for "subparagraph (2)(B) or (C) of this paragraph".

Statutory Notes and Related Subsidiaries

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
49 U.S.C. § 41735 (2024) — Title 49: TRANSPORTATION / Chapter 417 / Subchapter II / Section 41735: Repealed. Pub. L. 118-63, title V, §561(g), May 16, 2024, 138 Stat. 1216
Repealed. Pub. L. 118-63, title V, §561(g), May 16, 2024, 138 Stat. 1216
Status: repealed

[§41735. Repealed. Pub. L. 118–63, title V, §561(g), May 16, 2024, 138 Stat. 1216]

Section, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1148, related to enhanced essential air service.
49 U.S.C. § 5105 (2024) — Title 49: TRANSPORTATION / Chapter 51 / Section 5105: Transporting certain highly radioactive material
Transporting certain highly radioactive material
Status: in_force

(a) Definitions.—In this section, "high-level radioactive waste" and "spent nuclear fuel" have the same meanings given those terms in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).

(b) Transportation Safety Study.—In consultation with the Secretary of Energy, the Nuclear Regulatory Commission, potentially affected States and Indian tribes, representatives of the rail transportation industry, and shippers of high-level radioactive waste and spent nuclear fuel, the Secretary shall conduct a study comparing the safety of using trains operated only to transport high-level radioactive waste and spent nuclear fuel with the safety of using other methods of rail transportation for transporting that waste and fuel. The Secretary shall submit to Congress not later than November 16, 1991, a report on the results of the study.

(c) Safe Rail Transportation Regulations.—Not later than November 16, 1992, after considering the results of the study conducted under subsection (b) of this section, the Secretary shall prescribe amendments to existing regulations that the Secretary considers appropriate to provide for the safe rail transportation of high-level radioactive waste and spent nuclear fuel, including trains operated only for transporting high-level radioactive waste and spent nuclear fuel.

(d) Inspections of Motor Vehicles Transporting Certain Material.—(1) Not later than November 16, 1991, the Secretary shall require by regulation that before each use of a motor vehicle to transport a highway-route-controlled quantity of radioactive material in commerce, the vehicle shall be inspected and certified as complying with this chapter and applicable United States motor carrier safety laws and regulations. The Secretary may require that the inspection be carried out by an authorized United States Government inspector or according to appropriate State procedures.

(2) The Secretary may allow a person, transporting or causing to be transported a highway-route-controlled quantity of radioactive material, to inspect the motor vehicle used to transport the material and to certify that the vehicle complies with this chapter. The inspector qualification requirements the Secretary prescribes for an individual inspecting a motor vehicle apply to an individual conducting an inspection under this paragraph.

(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 762; Pub. L. 109–59, title VII, §§7107, 7126, Aug. 10, 2005, 119 Stat. 1897, 1909.)

Historical and Revision Notes

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

5105(a) 
49 App.:1813(e). 
Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, §116(e); added Oct. 24, 1992, Pub. L. 102–508, §505(2), 106 Stat. 3311.

  
49 App.:1813 (note). 
Nov. 16, 1990, Pub. L. 101–615, §16(e), 104 Stat. 3263.

5105(b) 
49 App.:1813(a). 
Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, §116(a)–(d); added Oct. 30, 1984, Pub. L. 98–559, §3, 98 Stat. 2907; restated Nov. 16, 1990, Pub. L. 101–615, §15, 104 Stat. 3261; Oct. 24, 1992, Pub. L. 102–508, §505(1), 106 Stat. 3311.

5105(c) 
49 App.:1813(b).

5105(d) 
49 App.:1813(c).

5105(e) 
49 App.:1813(d).

In subsection (a), section 16(e) of the Hazardous Materials Transportation Uniform Safety Act of 1990 (Public Law 101–615, 104 Stat. 3263) is included to correct a mistake in the source provisions being restated. See section 16(a)(1) of the Act of 1990 (Public Law 101–615, 104 Stat. 3262), stating that the meanings of "high-level radioactive waste" and "spent nuclear fuel" are as defined in 49 App.:1813, as added by section 15 of the Act (104 Stat. 3261). See also Cong. Rec. S16863 (daily ed., Oct. 23, 1990).

In subsection (b), the words "Secretary of Energy" are substituted for "Department of Energy" because of 42:7131.

In subsection (c), the word "regulations" is substituted for "rule" for consistency in the revised title and with other titles of the United States Code and because "rule" and "regulation" are synonymous.

In subsection (d), before clause (1), the words "In combination" are omitted as surplus.

Editorial Notes

Amendments

2005—Subsecs. (b), (c). Pub. L. 109–59, §7126, substituted "Secretary shall" for "Secretary of Transportation shall" wherever appearing.

Subsec. (d). Pub. L. 109–59, §7126, substituted "Secretary shall" for "Secretary of Transportation shall" in par. (1) and "Secretary may" for "Secretary of Transportation may" in par. (2).

Pub. L. 109–59, §7107, redesignated subsec. (e) as (d) and struck out former subsec. (d) which related to a study to be conducted not later than Nov. 16, 1991, to decide which factors, if any, shippers and carriers should consider when selecting routes and modes that would enhance overall public safety related to the transportation of high-level radioactive waste and spent nuclear fuel.

Subsec. (e). Pub. L. 109–59, §7107(2), redesignated subsec. (e) as (d).
49 U.S.C. § 5108 (2024) — Title 49: TRANSPORTATION / Chapter 51 / Section 5108: Registration
Registration
Status: in_force

(a) Persons Required to File.—(1) A person shall file a registration statement with the Secretary under this subsection if the person is transporting or causing to be transported in commerce any of the following:

(A) a highway-route-controlled quantity of radioactive material.

(B) more than 25 kilograms of a Division 1.1, 1.2, or 1.3 explosive material in a motor vehicle, rail car, or transport container.

(C) more than one liter in each package of a hazardous material the Secretary designates as extremely toxic by inhalation.

(D) hazardous material in a bulk packaging, container, or tank, as defined by the Secretary, if the bulk packaging, container, or tank has a capacity of at least 3,500 gallons or more than 468 cubic feet.

(E) a shipment of at least 5,000 pounds (except in a bulk packaging) of a class of hazardous material for which placarding of a vehicle, rail car, or freight container is required under regulations prescribed under this chapter.

(2) The Secretary may require any of the following persons to file a registration statement with the Secretary under this subsection:

(A) a person transporting or causing to be transported hazardous material in commerce and not required to file a registration statement under paragraph (1) of this subsection.

(B) a person designing, manufacturing, fabricating, inspecting, marking, maintaining, reconditioning, repairing, or testing a package, container, or packaging component that is represented, marked, certified, or sold as qualified for use in transporting hazardous material in commerce.

(3) A person required to file a registration statement under this subsection may transport or cause to be transported, or design, manufacture, fabricate, inspect, mark, maintain, recondition, repair, or test a package, container packaging component, or container for use in transporting, hazardous material, only if the person has a statement on file as required by this subsection.

(4) The Secretary may waive the filing of a registration statement, or the payment of a fee, required under this subsection, or both, for any person not domiciled in the United States who solely offers hazardous materials for transportation to the United States from a place outside the United States if the country of which such person is a domiciliary does not require persons domiciled in the United States who solely offer hazardous materials for transportation to the foreign country from places in the United States to file registration statements, or to pay fees, for making such an offer.

(b) Form, Contents, and Limitation on Filings.—(1) A registration statement under subsection (a) of this section shall be in the form and contain information the Secretary requires by regulation. The Secretary may use existing forms of the Department of Transportation and the Environmental Protection Agency to carry out this subsection. The statement shall include—

(A) the name and principal place of business of the registrant;

(B) a description of each activity the registrant carries out for which filing a statement under subsection (a) of this section is required; and

(C) each State in which the person carries out any of the activities.

(2) A person carrying out more than one activity, or an activity at more than one location, for which filing is required only has to file one registration statement to comply with subsection (a) of this section.

(c) Filing.—Each person required to file a registration statement under subsection (a) shall file the statement in accordance with regulations prescribed by the Secretary.

(d) Simplifying the Registration Process.—The Secretary may take necessary action to simplify the registration process under subsections (a)–(c) of this section and to minimize the number of applications, documents, and other information a person is required to file under this chapter and other laws of the United States.

(e) Cooperation With Administrator.—The Administrator of the Environmental Protection Agency shall assist the Secretary in carrying out subsections (a)–(g)(1) and (h) of this section by providing the Secretary with information the Secretary requests to carry out the objectives of subsections (a)–(g)(1) and (h).

(f) Availability of Statements.—The Secretary shall make a registration statement filed under subsection (a) of this section available for inspection by any person for a fee the Secretary establishes. However, this subsection does not require the release of information described in section 552(b) of title 5 or otherwise protected by law from disclosure to the public.

(g) Fees.—(1) The Secretary shall establish, impose, and collect from a person required to file a registration statement under subsection (a) of this section a fee necessary to pay for the costs of the Secretary in processing the statement.

(2)(A) In addition to a fee established under paragraph (1) of this subsection, the Secretary shall establish and impose by regulation and collect an annual fee. Subject to subparagraph (B) of this paragraph, the fee shall be at least $250 but not more than $3,000 from each person required to file a registration statement under this section. The Secretary shall determine the amount of the fee under this paragraph on at least one of the following:

(i) gross revenue from transporting hazardous material.

(ii) the type of hazardous material transported or caused to be transported.

(iii) the amount of hazardous material transported or caused to be transported.

(iv) the number of shipments of hazardous material.

(v) the number of activities that the person carries out for which filing a registration statement is required under this section.

(vi) the threat to property, individuals, and the environment from an accident or incident involving the hazardous material transported or caused to be transported.

(vii) the percentage of gross revenue derived from transporting hazardous material.

(viii) the amount to be made available to carry out sections 5108(g)(2), 5115, and 5116 of this title.

(ix) other factors the Secretary considers appropriate.

(B) The Secretary shall adjust the amount being collected under this paragraph to reflect any unexpended balance in the account established under section 5116(h) of this title. However, the Secretary is not required to refund any fee collected under this paragraph.

(C) The Secretary shall transfer to the Secretary of the Treasury amounts the Secretary of Transportation collects under this paragraph for deposit in the Hazardous Materials Emergency Preparedness Fund established under section 5116(h) of this title.

(3) Fees on exempt persons.—Notwithstanding subsection (a)(4), the Secretary shall impose and collect a fee of $25 from a person who is required to register under this section but who is otherwise exempted by the Secretary from paying any fee under this section. The fee shall be used to pay the costs incurred by the Secretary in processing registration statements filed by such persons.

(h) Maintaining Proof of Filing and Payment of Fees.—The Secretary may prescribe regulations requiring a person required to file a registration statement under subsection (a) of this section to maintain proof of the filing and payment of fees imposed under subsection (g) of this section.

(i) Relationship to Other Laws.—(1) Chapter 35 of title 44 does not apply to an activity of the Secretary under subsections (a)–(g)(1) and (h) of this section.

(2)(A) This section does not apply to an employee of a hazmat employer.

(B) Subsections (a)–(h) of this section do not apply to a department, agency, or instrumentality of the United States Government, an authority of a State or political subdivision of a State, an Indian tribe, or an employee of a department, agency, instrumentality, or authority carrying out official duties.

(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 765; Pub. L. 103–311, title I, §§104, 117(a)(3), 119(d)(1), Aug. 26, 1994, 108 Stat. 1673, 1678, 1680; Pub. L. 105–102, §2(3), Nov. 20, 1997, 111 Stat. 2204; Pub. L. 105–225, §7(b)(1), Aug. 12, 1998, 112 Stat. 1511; Pub. L. 109–59, title VII, §§7109(a)–(c), (e), (f), 7114(d)(3), 7126, Aug. 10, 2005, 119 Stat. 1897, 1898, 1900, 1909; Pub. L. 114–94, div. A, title VII, §7203(b)(1), Dec. 4, 2015, 129 Stat. 1591.)

Historical and Revision Notes
Pub. L. 103–272

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

5108(a)(1) 
49 App.:1805(c)(1). 
Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, §106(c); added Nov. 16, 1990, Pub. L. 101–615, §8(a), 104 Stat. 3255; Oct. 24, 1992, Pub. L. 102–508, §503(a)(1)–(3), (b), 106 Stat. 3311.

5108(a)(2) 
49 App.:1805(c)(3).

5108(a)(3) 
49 App.:1805(c)(4).

5108(b) 
49 App.:1805(c)(7), (8).

5108(c) 
49 App.:1805(c)(5), (6).

5108(d) 
49 App.:1805(c)(9).

5108(e) 
49 App.:1805(c)(2).

5108(f) 
49 App.:1805(c)(10).

5108(g)(1) 
49 App.:1805(c)(11).

5108(g)(2) 
49 App.:1815(h) (1)–(5). 
Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, §117A(h)(1)– (5); added Nov. 16, 1990, Pub. L. 101–615, §17, 104 Stat. 3267.

5108(h) 
49 App.:1805(c)(12).

5108(i) 
49 App.:1805(c) (13)–(15).

In subsection (b)(1), before clause (A), the words "at a minimum" are omitted as surplus.

In subsection (d), the words "streamline and", "with respect to a person who is required to file a registration statement under this subsection", and "with the Department of Transportation" are omitted as surplus.

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

In subsection (g)(2)(A), before clause (i), the words "Not later than September 30, 1992" are omitted as obsolete. In clause (viii), the words "of funds" are omitted as surplus.

In subsection (g)(2)(B), the words "of fees" and "from persons" are omitted as surplus.

In subsection (i)(1), the words "(relating to coordination of Federal information policy)" are omitted as surplus.

In subsection (i)(2)(A), the words "Notwithstanding any other provisions of this subsection" are omitted as surplus.

Pub. L. 105–102

This amends 49:5108(f) to correct an erroneous cross-reference.

Editorial Notes

Amendments

2015—Subsec. (g)(2)(B), (C). Pub. L. 114–94 substituted "5116(h)" for "5116(i)".

2005—Subsec. (a)(1). Pub. L. 109–59, §7126, substituted "Secretary" for "Secretary of Transportation" in introductory provisions.

Subsec. (a)(1)(B). Pub. L. 109–59, §7109(a)(1), substituted "Division 1.1, 1.2, or 1.3 explosive material" for "class A or B explosive".

Subsec. (a)(2). Pub. L. 109–59, §7126, substituted "Secretary may" for "Secretary of Transportation may" in introductory provisions.

Subsec. (a)(2)(B). Pub. L. 109–59, §7109(a)(2), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: "a person manufacturing, fabricating, marking, maintaining, reconditioning, repairing, or testing a package or container the person represents, marks, certifies, or sells for use in transporting in commerce hazardous material the Secretary designates."

Subsec. (a)(3). Pub. L. 109–59, §7109(a)(3), substituted "design, manufacture, fabricate, inspect, mark, maintain, recondition, repair, or test a package, container packaging component, or" for "manufacture, fabricate, mark, maintain, recondition, repair, or test a package or".

Subsec. (b)(1). Pub. L. 109–59, §7126, substituted "Secretary requires" for "Secretary of Transportation requires" in introductory provisions.

Subsec. (b)(1)(C). Pub. L. 109–59, §7109(b), substituted "any of the activities" for "the activity".

Subsec. (c). Pub. L. 109–59, §7109(c), amended heading and text of subsec. (c) generally. Prior to amendment, text read as follows:

"(1) Each person required to file a registration statement under subsection (a) of this section must file the first statement not later than March 31, 1992. The Secretary of Transportation may extend that date to September 30, 1992, for activities referred to in subsection (a)(1) of this section. A person shall renew the statement periodically consistent with regulations the Secretary prescribes, but not more than once each year and not less than once every 5 years.

"(2) The Secretary of Transportation shall decide by regulation when and under what circumstances a registration statement must be amended and the procedures to follow in amending the statement."

Subsecs. (d) to (f). Pub. L. 109–59, §7126, substituted "Secretary" for "Secretary of Transportation" in subsec. (d), "Secretary in carrying" for "Secretary of Transportation in carrying" in subsec. (e), and "Secretary shall" for "Secretary of Transportation shall" in subsec. (f).

Subsec. (g)(1). Pub. L. 109–59, §7126, substituted "Secretary shall" for "Secretary of Transportation shall".

Pub. L. 109–59, §7109(f)(1), substituted "shall" for "may".

Subsec. (g)(2)(A). Pub. L. 109–59, §7126, substituted "Secretary shall establish" for "Secretary of Transportation shall establish" in introductory provisions.

Pub. L. 109–59, §7109(f)(2), substituted "$3,000" for "$5,000" in introductory provisions.

Subsec. (g)(2)(B). Pub. L. 109–59, §7126, substituted "Secretary shall" for "Secretary of Transportation shall".

Subsec. (g)(2)(C). Pub. L. 109–59, §7126, substituted "Secretary shall" for "Secretary of Transportation shall".

Pub. L. 109–59, §7114(d)(3), substituted "the Hazardous Materials Emergency Preparedness Fund established" for "the account the Secretary of the Treasury establishes".

Subsec. (g)(3). Pub. L. 109–59, §7109(f)(3), added par. (3).

Subsec. (h). Pub. L. 109–59, §7126, substituted "Secretary" for "Secretary of Transportation".

Subsec. (i)(1). Pub. L. 109–59, §7126, substituted "Secretary" for "Secretary of Transportation".

Subsec. (i)(2)(B). Pub. L. 109–59, §7109(e), inserted "an Indian tribe," after "subdivision of a State,".

1998—Subsec. (f). Pub. L. 105–225 substituted "section 552(b)" for "section 552(f)".

1997—Subsec. (f). Pub. L. 105–102 which directed substitution of "section 552(b)" for "section 522(f)" could not be executed because "section 522(f)" did not appear.

1994—Subsec. (a)(1)(D). Pub. L. 103–311, §117(a)(3), substituted "a bulk packaging" for "a bulk package" and "the bulk packaging" for "the package".

Subsec. (a)(4). Pub. L. 103–311, §104, added par. (4).

Subsec. (g)(2)(A)(viii). Pub. L. 103–311, §119(d)(1), struck out "5107(e)," before "5108(g)(2)".

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

Registration

Pub. L. 109–59, title VII, §7109(d), Aug. 10, 2005, 119 Stat. 1898, provided that: "As soon as practicable, the Administrator of the Pipeline and Hazardous Materials Safety Administration shall transmit to the Federal Motor Carrier Safety Administration hazardous material registrant information obtained before, on, or after the date of enactment of this Act [Aug. 10, 2005] under section 5108 of title 49, United States Code, together with any Department of Transportation identification number for each registrant."
49 U.S.C. § 41903 (2024) — Title 49: TRANSPORTATION / Chapter 419 / Section 41903: Duty to provide certain transportation of mail
Duty to provide certain transportation of mail
Status: in_force

(a) Air Carriers.—Subject to subsection (b) of this section, an air carrier authorized by its certificate to transport mail by aircraft between places in Alaska shall—

(1) provide facilities and services necessary and adequate to provide that transportation; and

(2) transport mail between the places authorized in the certificate for transportation of mail when required, and under regulations prescribed, by the United States Postal Service.

(b) Maximum Mail Load.—The Secretary of Transportation may prescribe the maximum mail load for a schedule or for an aircraft or type of aircraft for the transportation of mail by aircraft between places in Alaska. If the Postal Service tenders to an air carrier mail exceeding the maximum load for transportation by the carrier under a schedule designated or required to be established for the transportation of mail under section 41902(c) of this title, the carrier, as nearly in accordance with the schedule as the Secretary decides is possible, shall—

(1) provide facilities sufficient to transport the mail to the extent the Secretary decides the carrier reasonably is able to do so; and

(2) transport that mail.

(Pub. L. 103–272, §§1(e), 4(k)(1), July 5, 1994, 108 Stat. 1154, 1370; Pub. L. 106–31, title VI, §6003, May 21, 1999, 113 Stat. 113; Pub. L. 110–405, §2(b)(4), Oct. 13, 2008, 122 Stat. 4289.)

Historical and Revision Notes
Pub. L. 103–272, §1(e)

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

41903(a)
49 App.:1371(l).
Aug. 23, 1958, Pub. L. 85–726, §§401(l), 405(c), (d), 72 Stat. 757, 761.

  
49 App.:1375(d).

  
49 App.:1551(a)(4)(A) (related to 49 App.:1371(l), 1375(d)).
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(a)(4)(A) (related to §§401(l), 405(c), (d)); added Oct. 4, 1984, Pub. L. 98–443, §3(c), 98 Stat. 1703.

41903(b)
49 App.:1375(c).

  
49 App.:1551(a)(4)(A) (related to 49 App.:1375(c)).

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

In subsection (a), before clause (1), the words "Subject to subsection (b) of this section" are added for clarity because subsection (b) limits the effect of this section. The words "transport mail by aircraft in foreign air transportation or between places in Alaska" are substituted for "the transportation of mail" in 49 App.:1371(l) and "the transportation of mail by aircraft" in 49 App.:1375(d) because 49 App.:1551(a)(4)(A) provides that 49 App.:1371(l) and 1375(d) no longer apply to interstate or overseas air transportation (except transportation of mail between 2 places in Alaska). Clause (2) is substituted for "shall transport mail whenever required by the United States Postal Service" in 49 App.:1371(l) and the text of 49 App.:1375(d) for clarity and to eliminate unnecessary words. The text of 49 App.:1371(l) (last sentence) is omitted as surplus because section 41901 of the revised title specifies how the rates of compensation are determined.

In subsection (b), before clause (1), the words "transportation of mail by aircraft in foreign air transportation or between places in Alaska" are added because 49 App.:1551(a)(4)(A) provides that 49 App.:1375(c) no longer applies to interstate or overseas air transportation of mail (except transportation of mail between 2 places in Alaska).

Pub. L. 103–272, §4(k)(1)

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

41903
49 App.:1551(a)(8).
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(a)(8); added Oct. 4, 1984, Pub. L. 98–443, §3(c), 98 Stat. 1704; Sept. 30, 1988, Pub. L. 100–457, §346 (related to §1601(a)(8) of Federal Aviation Act of 1958), 102 Stat. 2155.

  
49 App.:1551(b)(3).
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(3); added Oct. 4, 1984, Pub. L. 98–443, §3(f), 98 Stat. 1704; Sept. 30, 1988, Pub. L. 100–457, §346 (related to §1601(b)(3) of Federal Aviation Act of 1958), 102 Stat. 2155.

Section 4(k) reflects amendments to the restatement required by section 1601(a)(8) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 731), as added by section 3(c) of the Civil Aeronautics Board Sunset Act of 1984 (Public Law 98–443, 98 Stat. 1704), and section 1601(b)(3) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 731), as added by section 3(f) of the Civil Aeronautics Board Sunset Act of 1984 (Public Law 98–443, 98 Stat. 1704). Section 1601(a)(8) provides that the authority under 49 App.:1371(l) and (m) and 1375(b)–(d) as those sections relate to transportation of mail by aircraft between places in Alaska (restated in sections 41107 and 41901–41903 of the revised title) ceases on January 1, 1999. Section 1601(b)(3) transfers the authority for prescribing rates for transportation of mail between places in Alaska from the Secretary of Transportation to the Postal Service effective January 1, 1999.

Editorial Notes

Amendments

2008—Subsecs. (a), (b). Pub. L. 110–405 struck out "in foreign air transportation or" before "between places in Alaska" in introductory provisions.

1999—Pub. L. 106–31 repealed Pub. L. 103–272, §4(k). See 1994 Amendment note below.

1994—Pub. L. 103–272, §4(k)(1), which directed the amendment of this section by substituting "foreign air transportation" for "foreign air transportation or between places in Alaska" in introductory provisions of subsecs. (a) and (b), effective Jan. 1, 1999, was repealed by Pub. L. 106–31, §6003, effective Dec. 31, 1998.

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Amendment by Pub. L. 110–405 effective Oct. 1, 2008, see section 2(c) of Pub. L. 110–405, set out as a note under section 101 of Title 39, Postal Service.

Effective Date of 1999 Amendment

Pub. L. 106–31, title VI, §6003, May 21, 1999, 113 Stat. 113, provided that the amendment made by section 6003 is effective Dec. 31, 1998.
49 U.S.C. § 333 (2024) — Title 49: TRANSPORTATION / Chapter 3 / Subchapter II / Section 333: Responsibility for rail transportation unification and coordination projects
Responsibility for rail transportation unification and coordination projects
Status: in_force

(a) The Secretary of Transportation may develop and make available to interested persons any plans, proposals, and recommendations for mergers, consolidations, reorganizations, and other unification or coordination projects for rail transportation (including arrangements for joint use of tracks and other facilities and acquisition or sale of assets) that the Secretary believes will result in a rail system that is more efficient and consistent with the public interest.

(b) To achieve a more efficient, economical, and viable rail system in the private sector, the Secretary, when requested by a rail carrier and under this section, may assist in planning, negotiating, and carrying out a unification or coordination of operations and facilities of at least 2 rail carriers.

(c)(1) The Secretary may conduct studies to determine the potential cost savings and possible improvements in the quality of rail transportation that are likely to result from unification or coordination of at least 2 rail carriers, through—

(A) elimination of duplicating or overlapping operations and facilities;

(B) reducing switching operations;

(C) using the shortest or more efficient and economical routes;

(D) exchanging trackage rights;

(E) combining trackage and terminal or other facilities;

(F) upgrading tracks and other facilities used by at least 2 rail carriers;

(G) reducing administrative and other expenses; and

(H) other measures likely to reduce costs and improve rail transportation.

(2) When the Secretary requests information for a study under this section, a rail carrier shall provide the information requested. In carrying out this section, the Secretary may designate an officer or employee to get from a rail carrier information on the kind, quality, origin, destination, consignor, consignee, and routing of property. This information may be obtained without the consent of the consignor or consignee notwithstanding section 11904 of this title. When appropriate, the designated officer or employee has the powers described in section 203(c) of the Regional Rail Reorganization Act of 1973 to carry out this section, but a subpena must be issued under the signature of the Secretary.

(d)(1) When requested by a rail carrier, the Secretary may hold conferences on and mediate disputes resulting from a proposed unification or coordination project. The Secretary may invite to a conference—

(A) officers and directors of an affected rail carrier;

(B) representatives of rail carrier employees who may be affected;

(C) representatives of the Surface Transportation Board;

(D) State and local government officials, shippers, and consumer representatives; and

(E) representatives of the Federal Trade Commission and the Attorney General.

(2) A person attending or represented at a conference on a proposed unification or coordination project is not liable under the antitrust laws of the United States for any discussion at the conference and for any agreements reached at the conference, that are entered into with the approval of the Secretary to achieve or determine a plan of action to carry out the unification or coordination project.

(e) When the approval of a proposal submitted by a rail carrier for a merger or other action is subject to the jurisdiction of the Surface Transportation Board under section 11323(a) of this title, the Secretary may study the proposal to decide whether it satisfies section 11324(b) of this title. When the proposal is the subject of an application and proceeding before the Board, the Secretary may appear in any proceeding related to the application.

(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2429; Pub. L. 104–88, title III, §308(b), Dec. 29, 1995, 109 Stat. 946; Pub. L. 112–141, div. C, title II, §32932(a)(3), (4), July 6, 2012, 126 Stat. 829.)

Historical and Revision Notes

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

333(a) 
49:1654(a). 
Oct. 15, 1966, Pub. L. 89–670, 80 Stat. 931, §5(a)–(e); added Feb. 5, 1976, Pub. L. 94–210, §401, 90 Stat. 61.

333(b) 
49:1654(b).

333(c) 
49:1654(c).

333(d) 
49:1654(d).

333(e) 
49:1654(e).

In the section, the word "transportation" is substituted for "services" for consistency.

In subsection (a), the words "feasible" and "but not limited to" are omitted as surplus.

In subsection (b), the words "In order" are omitted as surplus. The words "at least 2" are substituted for "two or more" for consistency.

In subsection (c)(1), the words "as are deemed" are omitted as unnecessary.

In subsection (c)(2), the words "and the study described in section 901 of the Railroad Revitalization and Regulatory Reform Act of 1976" and "or such section 901" are omitted as executed. The word "nature" is omitted as covered by "kind". The word "When" is substituted for "to the extent" for consistency. The word "necessary" is omitted as being included in "appropriate". A cross-reference to section 203(c) of the Regional Rail Reorganization Act of 1973 is included even though the law is unclear because section 1149 of the Omnibus Reconciliation Act of 1981 (Pub. L. 97–35, 95 Stat. 675) amended section 203 to repeal the powers referred to in the source provisions. No position is taken as to whether the powers described in section 203(c) are still in existence.

In subsection (d)(1)(A), the word "appropriate" is omitted as surplus.

In subsection (d)(1)(C), the words "representatives of" are added for consistency in the section.

In subsection (e), the words "in his judgment" are omitted as unnecessary and covered by "decide". The word "satisfies" is substituted for "is in accordance with the standards set forth in" to eliminate unnecessary words.

Editorial Notes

References in Text

Section 203 of the Regional Rail Reorganization Act of 1973, referred to in subsec. (c)(2), which is classified to section 713 of Title 45, Railroads, was amended generally by Pub. L. 97–35, title XI, §1149, Aug. 13, 1981, 95 Stat. 675, and as so amended does not contain a subsec. (c). For further details, see the fifth par. of Historical and Revision Notes above.

Amendments

2012–Subsec. (d)(1)(C). Pub. L. 112–141, §32932(a)(3), substituted "Surface Transportation Board" for "Interstate Commerce Commission".

Subsec. (e). Pub. L. 112–141, §32932(a)(4), substituted "Surface Transportation Board" for "Interstate Commerce Commission" and "Board" for "Commission".

1995—Subsec. (c)(2). Pub. L. 104–88, §308(b)(1), substituted "11904" for "11910(a)(1)".

Subsec. (e). Pub. L. 104–88, §308(b)(2), substituted "11323(a)" for "11343(a)" and "11324(b)" for "11344(b)".

Statutory Notes and Related Subsidiaries

Effective Date of 2012 Amendment

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

Effective Date 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.
49 U.S.C. § 13908 (2024) — Title 49: TRANSPORTATION / Chapter 139 / Section 13908: Registration and other reforms
Registration and other reforms
Status: in_force

(a) Establishment of Unified Carrier Registration System.—The Secretary, in cooperation with the States, representatives of the motor carrier, motor private carrier, freight forwarder, and broker industries and after notice and opportunity for public comment, shall issue within 1 year after the date of enactment of the Unified Carrier Registration Act of 2005 regulations to establish an online Federal registration system, to be named the "Unified Carrier Registration System", to replace—

(1) the current Department of Transportation identification number system, the single State registration system under section 14504; 1

(2) the registration system contained in this chapter and the financial responsibility information system under section 13906; and

(3) the service of process agent systems under sections 503 and 13304.

(b) Role as Clearinghouse and Depository of Information.—The Unified Carrier Registration System shall serve as a clearinghouse and depository of information on, and identification of, all foreign and domestic motor carriers, motor private carriers, brokers, freight forwarders, and others required to register with the Department of Transportation, including information with respect to a carrier's safety rating, compliance with required levels of financial responsibility, and compliance with the provisions of section 14504a. The Secretary shall ensure that Federal agencies, States, representatives of the motor carrier industry, and the public have access to the Unified Carrier Registration System, including the records and information contained in the System.

(c) Procedures for Correcting Information.—Not later than 60 days after the effective date of this section, the Secretary shall prescribe regulations establishing procedures that enable a motor carrier to correct erroneous information contained in any part of the Unified Carrier Registration System.

(d) Fee System.—The Secretary shall establish, under section 9701 of title 31, a fee system for the Unified Carrier Registration System according to the following guidelines:

(1) Registration and filing evidence of financial responsibility.—The fee for new registrants shall as nearly as possible cover the costs of processing the registration.

(2) Evidence of financial responsibility.—The fee for filing evidence of financial responsibility pursuant to this section shall not exceed $10 per filing. No fee shall be charged for a filing for purposes of designating an agent for service of process or the filing of other information relating to financial responsibility.

(3) Access and retrieval fees.—

(A) In general.—Except as provided in subparagraph (B), the fee system shall include a nominal fee for the access to or retrieval of information from the Unified Carrier Registration System to cover the costs of operating and upgrading the System, including the personnel costs incurred by the Department and the costs of administration of the unified carrier registration agreement.

(B) Exceptions.—There shall be no fee charged under this paragraph—

(i) to any agency of the Federal Government or a State government or any political subdivision of any such government for the access to or retrieval of information and data from the Unified Carrier Registration System for its own use; or

(ii) to any representative of a motor carrier, motor private carrier, leasing company, broker, or freight forwarder (as each is defined in section 14504a) for the access to or retrieval of the individual information related to such entity from the Unified Carrier Registration System for the individual use of such entity.

(e) Use of Fees for Unified Carrier Registration System.—Fees collected under this section may be credited to the Department of Transportation appropriations account for purposes for which such fees are collected and shall be available for expenditure for such purposes until expended.

(f) Application to Certain Intrastate Operations.—Nothing in this section requires the registration of a motor carrier, a motor private carrier of property, or a transporter of waste or recyclable materials operating exclusively in intrastate transportation not otherwise required to register with the Secretary under another provision of this title.

(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 888; amended Pub. L. 104–287, §5(36), Oct. 11, 1996, 110 Stat. 3392; Pub. L. 109–59, title IV, §4304, Aug. 10, 2005, 119 Stat. 1763; Pub. L. 110–244, title III, §301(l), June 6, 2008, 122 Stat. 1617; Pub. L. 112–141, div. C, title II, §32106, July 6, 2012, 126 Stat. 781.)

Historical and Revision Notes

Pub. L. 104–287, §5(36)(A)

This amends 49:13908(d)(1) for clarity and consistency.

Pub. L. 104–287, §5(36)(B)

This sets out the effective date of 49:13908.

Editorial Notes

References in Text

The date of enactment of the Unified Carrier Registration Act of 2005, referred to in subsec. (a), is the date of enactment of subtitle C of title IV of Pub. L. 109–59, which was approved Aug. 10, 2005.

Section 14504, referred to in subsec. (a)(1), was repealed by Pub. L. 109–59, title IV, §4305(a), Aug. 10, 2005, 119 Stat. 1764; Pub. L. 110–53, title XV, §1537(a), Aug. 3, 2007, 121 Stat. 467, effective Jan. 1, 2008.

The effective date of this section, referred to in subsec. (c), probably means the date of enactment of Pub. L. 109–59, which amended this section generally and was approved Aug. 10, 2005.

Amendments

2012—Subsec. (d)(1). Pub. L. 112–141 struck out "but shall not exceed $300" after "registration".

2008—Subsecs. (e), (f). Pub. L. 110–244 added subsec. (e) and redesignated former subsec. (e) as (f).

2005—Pub. L. 109–59 amended heading and text of section generally. Prior to amendment, text consisted of subsecs. (a) to (e) relating to issuance of regulations to replace the current Department of Transportation identification number system, the single State registration system under section 14504, the registration system contained in this chapter, and the financial responsibility information system under section 13906 with a single, online, Federal system.

1996—Subsec. (d)(1). Pub. L. 104–287, §5(36)(A), substituted "December 31, 1995" for "the day before the effective date of this section".

Subsec. (e). Pub. L. 104–287, §5(36)(B), substituted "January 1, 1996" for "the effective date of this section".

Statutory Notes and Related Subsidiaries

Effective Date of 2012 Amendment

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

Effective Date

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

Regulations

Pub. L. 110–53, title XV, §1537(b), Aug. 3, 2007, 121 Stat. 467, provided that: "Not later than October 1, 2007, the Federal Motor Carrier Safety Administration shall issue final regulations to establish the Unified Carrier Registration System, as required by section 13908 of title 49, United States Code, and set fees for the unified carrier registration agreement for calendar year 2007 or subsequent calendar years to be charged to motor carriers, motor private carriers, and freight forwarders under such agreement, as required by 14504a of title 49, United States Code."

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.

Relationship to Other Laws

Except as provided in sections 14504, 14504a, and 14506 of this title, subtitle C (§§4301–4308) of title IV of Pub. L. 109–59 is not intended to prohibit any State or any political subdivision of any State from enacting, imposing, or enforcing any law or regulation with respect to a motor carrier, motor private carrier, broker, freight forwarder, or leasing company that is not otherwise prohibited by law, see section 4302 of Pub. L. 109–59, set out as a note under section 13902 of this title.

1 See References in Text note below.
49 U.S.C. § 41504 (2024) — Title 49: TRANSPORTATION / Chapter 415 / Section 41504: Tariffs for foreign air transportation
Tariffs for foreign air transportation
Status: in_force

(a) Filing and Contents.—In the way prescribed by regulation by the Secretary of Transportation, every air carrier and foreign air carrier shall file with the Secretary, publish, and keep open to public inspection, tariffs showing the prices for the foreign air transportation provided between places served by the carrier and provided between places served by the carrier and places served by another air carrier or foreign air carrier with which through service and joint prices have been established. A tariff—

(1) shall contain—

(A) to the extent the Secretary requires by regulation, a description of the classifications, rules, and practices related to the foreign air transportation;

(B) a statement of the prices in money of the United States; and

(C) other information the Secretary requires by regulation; and

(2) may contain—

(A) a statement of the prices in money that is not money of the United States; and

(B) information that is required under the laws of a foreign country in or to which the air carrier or foreign air carrier is authorized to operate.

(b) Changes.—(1) Except as provided in paragraph (2) of this subsection, an air carrier or foreign air carrier may change a price or a classification, rule, or practice affecting that price or the value of the transportation provided under that price, specified in a tariff of the carrier for foreign air transportation only after 30 days after the carrier has filed, published, and posted notice of the proposed change in the same way as required for a tariff under subsection (a) of this section. However, the Secretary may prescribe an alternative notice requirement, of at least 25 days, to allow an air carrier or foreign air carrier to match a proposed change in a passenger fare or a charge of another air carrier or foreign air carrier. A notice under this paragraph must state plainly the change proposed and when the change will take effect.

(2) If the effect of a proposed change would be to begin a passenger fare that is outside of, or not covered by, the range of passenger fares specified under section 41509(e)(2) and (3) of this title, the proposed change may be put into effect only on the expiration of 60 days after the notice is filed under regulations prescribed by the Secretary.

(c) Rejection of Changes.—The Secretary may reject a tariff or tariff change that is not consistent with this section and regulations prescribed by the Secretary. A tariff or change that is rejected is void.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1133.)

Historical and Revision Notes

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

41504(a)
49 App.:1373(a) (1st sentence, 2d sentence words before semicolon, last sentence).
Aug. 23, 1958, Pub. L. 85–726, §403(a), 72 Stat. 758.

  
49 App.:1551(a)(4)(B) (related to 49 App.:1373(a)), (b)(1)(E).
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(a)(4)(B) (related to §403(a), (c)(1), (2)), (b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(c), (e), 98 Stat. 1703, 1704.

41504(b)(1)
49 App.:1373(c)(1).
Aug. 23, 1958, Pub. L. 85–726, §403(c)(1), (2), 72 Stat. 759; Nov. 9, 1977, Pub. L. 95–163, §10(a), 91 Stat. 1281; restated Oct. 24, 1978, Pub. L. 95–504, §22, 92 Stat. 1724; Feb. 15, 1980, Pub. L. 96–192, §24(b), (c), 94 Stat. 47.

  
49 App.:1551(a)(4)(B) (related to 49 App.:1373(c)(1)), (b)(1)(E).

41504(b)(2)
49 App.:1373(c)(2).

  
49 App.:1551(a)(4)(B) (related to 49 App.:1373(c)(2)), (b)(1)(E).

41504(c)
49 App.:1373(a) (2d sentence words after semicolon, 3d sentence).

  
49 App.:1551(a)(4)(B) (related to 49 App.:1373(a)), (b)(1)(E).

In this section, the words "foreign air transportation" are substituted for "air transportation" because 49 App.:1551(a)(4)(B) provides that 49 App.:1373 no longer applies to interstate or overseas air transportation and 49 App.:1376(a)–(e), restated in section 41901 of the revised title, governs rates for the transportation of mail by aircraft. See section 40102(a) of the revised title defining "air transportation" to mean interstate or foreign air transportation or the transportation of mail by aircraft. The words "passenger fare" are substituted for "fare" for consistency in the revised title.

In subsection (a), before clause (1), the word "print" is omitted as being included in "publish". The word "places" is substituted for "points" for consistency in the revised title and with other titles of the United States Code. In clause (1)(A), the word "services" is omitted as being included in "practices". In clauses (1)(B) and (2)(A), the word "lawful" is omitted as surplus.

In subsection (b)(1), the words "for foreign air transportation" are added because of 49 App.:1551(a)(4)(B). See the revision notes for subsection (a) of this section. The words "in the same way as required for a tariff under" are substituted for "in accordance with" for clarity. The words "proposed change in a passenger fare or a charge of another air carrier or foreign air carrier" are substituted for "fares or charges specified in another air carrier's or foreign air carrier's proposed tariff" for clarity and consistency in this section.

In subsection (b)(2), the words "not covered by" are substituted for "to which such range of fares does not apply" to eliminate unnecessary words. The words "subparagraphs (A) and (B) of section 1482(d)(4) of this Appendix . . . section 1482(d)(7) of this Appendix" are omitted because those sections related to interstate and overseas air transportation and the source provisions restated in this section relate to foreign air transportation. In addition, the text of 49 App.:1551(a)(5)(D) provides that 49 App.:1482(d) ceased to be in effect on January 1, 1985, except as related to foreign air transportation. The reference in the source provisions to "section 1482(j)(9) of this Appendix" has been restated as though it were a reference to 49 App.:1482(j)(10) to correct an apparent error in the International Air Transportation Competition Act of 1979 (Public Law 96–192, 94 Stat. 35). Section 24(b) of S. 1300 of the 96th Congress (the derivative source for the International Air Transportation Competition Act of 1979), as originally passed by both the Senate and the House of Representatives, restated section 403(c)(2) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 759) to read as it now does with a cross–reference to section 1002(j)(9) of the Federal Aviation Act of 1958. Also contained in those versions of S. 1300 in section 24(a) was an amendment to section 1002(j) of the Federal Aviation Act of 1958 to add a paragraph (9) that contained language identical to what is now section 1002(j)(10) of the Federal Aviation Act of 1958. When S. 1300 was reported by the conference committee and enacted into law as the International Air Transportation Competition Act of 1979, section 24(a) had been changed so that a different paragraph (9) was added and what had been paragraph (9) was now designated as a new paragraph (10) to be added. Apparently, when the conference committee redesignated section 1002(j)(9) as 1002(j)(10) it did not make a corresponding change in the cross–reference in section 403(c)(2). See 125 Cong. Rec. 26936, 32147, 36939.