dreamproit/uscode huggingface dataset:
49 U.S.C. § 15903 (TRANSPORTATION)
§ 15903. Enforcement by the Attorney General
(a) On Behalf of Board.—
The Attorney General may, and on request of the Board shall, bring court proceedings to enforce this part or a regulation or order of the Board and to prosecute a person violating this part or a regulation or order of the Board issued under this part.
(b) On Behalf of Others.—
The United States Government may bring a civil action on behalf of a person to compel a pipeline carrier providing transportation or service subject to this part to provide that transportation or service to that person in compliance with this part at the same rate charged, or on conditions as favorable as those given by the carrier, for like traffic under similar conditions to another person.
(Added Pub. L. 104–88, title I, § 106(a), Dec. 29, 1995, 109 Stat. 927.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 11703 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
49 U.S.C. § 15905 (TRANSPORTATION)
§ 15905. Limitation on actions by and against pipeline carriers
(a) In General.—
A pipeline carrier providing transportation or service subject to this part must begin a civil action to recover charges for transportation or service provided by the carrier within 3 years after the claim accrues.
(b) Overcharges.—
A person must begin a civil action to recover overcharges under section 15904(b)(1) within 3 years after the claim accrues. If an election to file a complaint with the Board is made under section 15904(c)(1), the complaint must be filed within 3 years after the claim accrues.
(c) Damages.—
A person must file a complaint with the Board to recover damages under section 15904(b)(2) within 2 years after the claim accrues.
(d) Extensions.—
The limitation periods under subsection (b) are extended for 6 months from the time written notice is given to the claimant by the carrier of disallowance of any part of the claim specified in the notice if a written claim is given to the carrier within those limitation periods. The limitation periods under subsection (b) and the 2-year period under subsection (c) are extended for 90 days from the time the carrier begins a civil action under subsection (a) to recover charges related to the same transportation or service, or collects (without beginning a civil action under that subsection) the charge for that transportation or service if that action is begun or collection is made within the appropriate period.
(e) Payment.—
A person must begin a civil action to enforce an order of the Board against a carrier for the payment of money within one year after the date the order required the money to be paid.
(f) Government Transportation.—
This section applies to transportation for the United States Government. The time limitations under this section are extended, as related to transportation for or on behalf of the United States Government, for 3 years from the date of—
(1) payment of the rate for the transportation or service involved,
(2) subsequent refund for overpayment of that rate, or
(3) deduction made under section 3726 of title 31,
whichever is later.
(g) Accrual Date.—
A claim related to a shipment of property accrues under this section on delivery or tender of delivery by the carrier.
(Added Pub. L. 104–88, title I, § 106(a), Dec. 29, 1995, 109 Stat. 928.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 11706 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
49 U.S.C. § 15906 (TRANSPORTATION)
§ 15906. Liability of pipeline carriers under receipts and bills of lading
(a) General Liability.—
A pipeline carrier providing transportation or service subject to this part shall issue a receipt or bill of lading for property it receives for transportation under this part. That carrier and any other carrier that delivers the property and is providing transportation or service subject to jurisdiction under this part are liable to the person entitled to recover under the receipt or bill of lading. The liability imposed under this subsection is for the actual loss or injury to the property caused by the carrier over whose line or route the property is transported in the United States or from a place in the United States to a place in an adjacent foreign country when transported under a through bill of lading. Failure to issue a receipt or bill of lading does not affect the liability of a carrier.
(b) Apportionment.—
The carrier issuing the receipt or bill of lading under subsection (a) or delivering the property for which the receipt or bill of lading was issued is entitled to recover from the carrier over whose line or route the loss or injury occurred the amount required to be paid to the owners of the property, as evidenced by a receipt, judgment, or transcript, and the amount of its expenses reasonably incurred in defending a civil action brought by that person.
(c) Civil Actions.—
A civil action under this section may be brought against a delivering carrier in a district court of the United States or in a State court. Trial, if the action is brought in a district court of the United States is in a judicial district, and if in a State court, is in a State, through which the defendant carrier operates a line or route.
(d) Minimum Period for Filing Claims.—
A pipeline carrier may not provide by rule, contract, or otherwise, a period of less than 9 months for filing a claim against it under this section and a period of less than 2 years for bringing a civil action against it under this section. The period for bringing a civil action is computed from the date the carrier gives a person written notice that the carrier has disallowed any part of the claim specified in the notice. For the purposes of this subsection—
(1) an offer of compromise shall not constitute a disallowance of any part of the claim unless the carrier, in writing, informs the claimant that such part of the claim is disallowed and provides reasons for such disallowance; and
(2) communications received from a carrier’s insurer shall not constitute a disallowance of any part of the claim unless the insurer, in writing, informs the claimant that such part of the claim is disallowed, provides reasons for such disallowance, and informs the claimant that the insurer is acting on behalf of the carrier.
(Added Pub. L. 104–88, title I, § 106(a), Dec. 29, 1995, 109 Stat. 929.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 11707 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
49 U.S.C. § 16101 (TRANSPORTATION)
§ 16101. General civil penalties
(a) General.—
Except as otherwise provided in this section, a pipeline carrier providing transportation subject to this part, an officer or agent of that carrier, or a receiver, trustee, lessee, or agent of one of them, knowingly violating this part or an order of the Board under this part is liable to the United States for a civil penalty of not more than $5,000 for each violation. Liability under this subsection is incurred for each distinct violation. A separate violation occurs for each day the violation continues.
(b) Recordkeeping and Reporting.—
(1) Records.—
A person required under chapter 157 to make, prepare, preserve, or submit to the Board a record concerning transportation subject to this part that does not make, prepare, preserve, or submit that record as required under that chapter, is liable to the United States for a civil penalty of $500 for each violation.
(2) Inspection.—
A carrier providing transportation subject to this part, and a lessor, receiver, or trustee of that carrier, violating section 15722, is liable to the United States for a civil penalty of $100 for each violation.
(3) Reports.—
A carrier providing transportation subject to the jurisdiction of the Board under this part, a lessor, receiver, or trustee of that carrier, and an officer, agent, or employee of one of them, required to make a report to the Board or answer a question that does not make the report or does not specifically, completely, and truthfully answer the question, is liable to the United States for a civil penalty of $100 for each violation.
(4) Continued violation.—
A separate violation occurs for each day violation under this subsection continues.
(c) Venue.—
Trial in a civil action under this section is in the judicial district in which the carrier has its principal operating office.
(Added Pub. L. 104–88, title I, § 106(a), Dec. 29, 1995, 109 Stat. 930; amended Pub. L. 105–102, § 2(16), Nov. 20, 1997, 111 Stat. 2205.)
heading: Historical and Revision Notes
heading: Pub. L. 105–102
text: This amends 49:16101 to redesignate subsection (d) as (c) because no subsection (c) was enacted.
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 11901 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
heading: Amendments
text: 1997—Subsecs. (c), (d). Pub. L. 105–102 redesignated subsec. (d) as (c).
heading: Effective Date
text: Chapter 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 701 of this title.
49 U.S.C. § 16102 (TRANSPORTATION)
§ 16102. Recordkeeping and reporting violations
A person required to make a report to the Board, or make, prepare, or preserve a record, under chapter 157 about transportation subject to this part that knowingly and willfully—
(1) makes a false entry in the report or record,
(2) destroys, mutilates, changes, or by another means falsifies the record,
(3) does not enter business related facts and transactions in the record,
(4) makes, prepares, or preserves the record in violation of a regulation or order of the Board, or
(5) files a false report or record with the Board,
shall be fined under title 18 or imprisoned not more than 2 years, or both.
(Added Pub. L. 104–88, title I, § 106(a), Dec. 29, 1995, 109 Stat. 930.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 11909 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
49 U.S.C. § 16103 (TRANSPORTATION)
§ 16103. Unlawful disclosure of information
(a) General Prohibition.—
A pipeline carrier providing transportation subject to this part, or an officer, agent, or employee of that carrier, or another person authorized to receive information from that carrier, that knowingly discloses to another person, except the shipper or consignee, or a person who solicits or knowingly receives information about the nature, kind, quantity, destination, consignee, or routing of property tendered or delivered to that carrier for transportation provided under this part without the consent of the shipper or consignee, if that information may be used to the detriment of the shipper or consignee or may disclose improperly, to a competitor the business transactions of the shipper or consignee, is liable to the United States for a civil penalty of not more than $1,000.
(b) Limitation on Statutory Construction.—
This part does not prevent a pipeline carrier providing transportation under this part from giving information—
(1) in response to legal process issued under authority of a court of the United States or a State;
(2) to an officer, employee, or agent of the United States Government, a State, or a territory or possession of the United States; or
(3) to another carrier or its agent to adjust mutual traffic accounts in the ordinary course of business.
(c) Board Employee.—
An employee of the Board delegated to make an inspection or examination under section 15722 who knowingly discloses information acquired during that inspection or examination, except as directed by the Board, a court, or a judge of that court, shall be fined under title 18 or imprisoned for not more than 6 months, or both.
(Added Pub. L. 104–88, title I, § 106(a), Dec. 29, 1995, 109 Stat. 931.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 11910 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
49 U.S.C. § 16104 (TRANSPORTATION)
§ 16104. Disobedience to subpenas
Whoever does not obey a subpena or requirement of the Board to appear and testify or produce records shall be fined under title 18 or imprisoned not more than 1 year, or both.
(Added Pub. L. 104–88, title I, § 106(a), Dec. 29, 1995, 109 Stat. 931.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 11913 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
49 U.S.C. § 16105 (TRANSPORTATION)
§ 16105. General criminal penalty when specific penalty not provided
When another criminal penalty is not provided under this chapter, a pipeline carrier providing transportation subject to this part, and when that carrier is a corporation, a director or officer of the corporation, or a receiver, trustee, lessee, or person acting for or employed by the corporation that, alone or with another person, willfully violates this part or an order prescribed under this part, shall be fined under title 18 or imprisoned not more than 2 years, or both. A separate violation occurs each day a violation of this part continues.
(Added Pub. L. 104–88, title I, § 106(a), Dec. 29, 1995, 109 Stat. 931.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 11914 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
49 U.S.C. § 16106 (TRANSPORTATION)
§ 16106. Punishment of corporation for violations committed by certain individuals
An act or omission that would be a violation of this subtitle if committed by a director, officer, receiver, trustee, lessee, agent, or employee of a pipeline carrier providing transportation or service subject to this part that is a corporation is also a violation of this part by that corporation. The penalties of this chapter apply to that violation. When acting in the scope of their employment, the actions and omissions of individuals acting for or employed by that carrier are considered to be the actions and omissions of that carrier as well as that individual.
(Added Pub. L. 104–88, title I, § 106(a), Dec. 29, 1995, 109 Stat. 931.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 11915 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
49 U.S.C. § 20108 (TRANSPORTATION)
§ 20108. Research, development, testing, and training
(a) General.—
The Secretary of Transportation shall carry out, as necessary, research, development, testing, evaluation, and training for every area of railroad safety.
(b) Contracts.—
To carry out this part, the Secretary may make contracts for, and carry out, research, development, testing, evaluation, and training (particularly for those areas of railroad safety found to need prompt attention).
(c) Amounts From Non-Government Sources for Training Safety Employees.—
The Secretary may request, receive, and expend amounts received from non-United States Government sources for expenses incurred in training safety employees of private industry, State and local authorities, or other public authorities, except State rail safety inspectors participating in training under section 20105 of this title.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 867.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
20108(a)
45:431(a) (1st sentence cl. (2)).
Oct. 16, 1970, Pub. L. 91–458, §§ 202(a) (1st sentence cl. (2)), 208(a) (1st sentence words before 3d comma and between 9th–14th commas), 84 Stat. 971, 974.
20108(b)
45:437(a) (1st sentence words before 3d comma and between 9th–14th commas).
45:437(d)(1) (1st sentence).
Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, § 208(d)(1) (1st sentence); added Oct. 10, 1980, Pub. L. 96–423, § 6(b), 94 Stat. 1813.
20108(c)
45:444(a) (last sentence).
Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, § 214(a) (last sentence); added Oct. 10, 1980, Pub. L. 96–423, § 2, 94 Stat. 1811; Aug. 13, 1981, Pub. L. 97–35, § 1195, 95 Stat. 702; Jan. 14, 1983, Pub. L. 97–468, § 703, 96 Stat. 2580; restated June 22, 1988, Pub. L. 100–342, § 2, 102 Stat. 624; Nov. 5, 1990, Pub. L. 101–508, § 10501(b), 104 Stat. 1388–400; restated Sept. 3, 1992, Pub. L. 102–365, § 12, 106 Stat. 980.
In subsection (b), the words “To carry out this part, the Secretary may” are substituted for “In carrying out his functions under this subchapter, the Secretary is authorized to perform such acts including, but not limited to . . . as he deems necessary to carry out the provisions of this subchapter” and “In carrying out the functions formerly vested in the Interstate Commerce Commission and transferred to the Secretary by section 1655(e)(1), (e)(2), and (e)(6)(A) of title 49, Appendix, the Secretary is authorized to perform any act authorized in subsection (a) of this section that he considers necessary to carry out such transferred functions, including, but not limited to” to eliminate unnecessary words.
49 U.S.C. § 20110 (TRANSPORTATION)
§ 20110. Effect on employee qualifications and collective bargaining
This chapter does not—
(1) authorize the Secretary of Transportation to prescribe regulations and issue orders related to qualifications of employees, except qualifications specifically related to safety; or
(2) prohibit the bargaining representatives of railroad carriers and their employees from making collective bargaining agreements under the Railway Labor Act (45 U.S.C. 151 et seq.), including agreements related to qualifications of employees, that are not inconsistent with regulations prescribed and orders issued under this chapter.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 868.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
20110
45:431(a) (2d, last sentences).
Oct. 16, 1970, Pub. L. 91–458, § 202(a) (2d, last sentences), 84 Stat. 971.
In clause (2), the words “railroad carriers” are substituted for “common carriers” for consistency in this part.
heading: References in Text
text: The Railway Labor Act, referred to in par. (2), is act May 20, 1926, ch. 347, 44 Stat. 577, as amended, which is classified principally to chapter 8 (§ 151 et seq.) of Title 45, Railroads. For complete classification of this Act to the Code, see section 151 of Title 45 and Tables.
49 U.S.C. § 20114 (TRANSPORTATION)
§ 20114. Judicial procedures
(a) Criminal Contempt.—
In a trial for criminal contempt for violating an injunction or restraining order issued under this chapter, the violation of which is also a violation of this chapter, the defendant may demand a jury trial. The defendant shall be tried as provided in rule 42(b) of the Federal Rules of Criminal Procedure (18 App. U.S.C.).
(b) Subpenas For Witnesses.—
A subpena for a witness required to attend a district court of the United States in an action brought under this chapter may be served in any judicial district.
(c) Review of Agency Action.—
Except as provided in section 20104(c) of this title, a proceeding to review a final action of the Secretary of Transportation under this part or, as applicable to railroad safety, chapter 51 or 57 of this title shall be brought in the appropriate court of appeals as provided in chapter 158 of title 28.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 870.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
20114(a)
45:439(b).
Oct. 16, 1970, Pub. L. 91–458, §§ 209(d), 210(b), 84 Stat. 975, 976.
20114(b)
45:438(d).
20114(c)
45:431(f).
Oct. 16, 1970, Pub. L. 91–458, § 202(f), 84 Stat. 972; restated Sept. 3, 1992, Pub. L. 102–365, § 5(a)(1), 106 Stat. 975.
In subsection (a), the words “the defendant may demand a jury trial” are substituted for “trial shall be by the court, or, upon demand of the accused, by a jury” to eliminate unnecessary words and for consistency in the revised title.
In subsection (b), the words “may be served in any judicial district” are substituted for “may run into any other district” for clarity.
In subsection (c), the words “a final action of the Secretary” are substituted for “Any final agency action taken by the Secretary” to eliminate unnecessary words. The words “this part or, as applicable to railroad safety, chapter 51 or 57 of this title” are substituted for “this subchapter or under any of the other Federal railroad safety laws, as defined in section 441(e) of this title” because of the restatement. The words “is subject to judicial review as provided in chapter 7 of title 5” are omitted as unnecessary because 5:ch. 7 applies unless otherwise stated. The words “by and in the manner prescribed” are omitted as surplus.
49 U.S.C. § 20116 (TRANSPORTATION)
§ 20116. Rulemaking process
No rule or order issued by the Secretary under this part shall be effective if it incorporates by reference a code, rule, standard, requirement, or practice issued by an association or other entity that is not an agency of the Federal Government, unless the date on which the code, rule, standard, requirement, or practice was adopted is specifically cited in the rule or order, or the code, rule, standard, requirement, or practice has been subject to notice and comment under a rule or order issued under this part.
(Added Pub. L. 110–432, div. A, title I, § 107(a), Oct. 16, 2008, 122 Stat. 4859.)
heading: Prior Provisions
text: A prior section 20116, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 871; amended Pub. L. 103–440, title II, § 206(a), Nov. 2, 1994, 108 Stat. 4620, related to biennial safety reports prior to repeal by Pub. L. 104–66, title I, § 1121(g)(1), Dec. 21, 1995, 109 Stat. 724.
49 U.S.C. § 20118 (TRANSPORTATION)
§ 20118. Prohibition on public disclosure of railroad safety analysis records
(a) In General.—
Except as necessary for the Secretary of Transportation or another Federal agency to enforce or carry out any provision of Federal law, any part of any record (including, but not limited to, a railroad carrier’s analysis of its safety risks and its statement of the mitigation measures it has identified with which to address those risks) that the Secretary has obtained pursuant to a provision of, or regulation or order under, this chapter related to the establishment, implementation, or modification of a railroad safety risk reduction program or pilot program is exempt from the requirements of section 552 of title 5 if the record is—
(1) supplied to the Secretary pursuant to that safety risk reduction program or pilot program; or
(2) made available for inspection and copying by an officer, employee, or agent of the Secretary pursuant to that safety risk reduction program or pilot program.
(b) Exception.—
Notwithstanding subsection (a), the Secretary may disclose any part of any record comprised of facts otherwise available to the public if, in the Secretary’s sole discretion, the Secretary determines that disclosure would be consistent with the confidentiality needed for that safety risk reduction program or pilot program.
(c) Discretionary Prohibition of Disclosure.—
The Secretary may prohibit the public disclosure of risk analyses or risk mitigation analyses that the Secretary has obtained under other provisions of, or regulations or orders under, this chapter if the Secretary determines that the prohibition of public disclosure is necessary to promote railroad safety.
(Added Pub. L. 110–432, div. A, title I, § 109(a), Oct. 16, 2008, 122 Stat. 4866.)