dreamproit/uscode huggingface dataset:
49 U.S.C. § 5118 (TRANSPORTATION)
§ 5118. Hazardous material technical assessment, research and development, and analysis program
(a) Risk Reduction.—
(1) Program authorized.—
The Secretary of Transportation may develop and implement a hazardous material technical assessment, research and development, and analysis program for the purpose of—
(A) reducing the risks associated with the transportation of hazardous material; and
(B) identifying and evaluating new technologies to facilitate the safe, secure, and efficient transportation of hazardous material.
(2) Coordination.—
In developing the program under paragraph (1), the Secretary shall—
(A) utilize information gathered from other modal administrations with similar programs;
(B) coordinate with other modal administrations, as appropriate; and
(C) coordinate, as appropriate, with other Federal agencies.
(b) Cooperation.—
In carrying out subsection (a), the Secretary shall work cooperatively with regulated and other entities, including shippers, carriers, emergency responders, State and local officials, and academic institutions.
(c) Cooperative Research.—
(1) In general.—
As part of the program established under subsection (a), the Secretary may carry out cooperative research on hazardous materials transport.
(2) National academies.—
The Secretary may enter into an agreement with the National Academies to support research described in paragraph (1).
(3) Research.—
Research conducted under this subsection may include activities relating to—
(A) emergency planning and response, including information and programs that can be readily assessed and implemented in local jurisdictions;
(B) risk analysis and perception and data assessment;
(C) commodity flow data, including voluntary collaboration between shippers and first responders for secure data exchange of critical information;
(D) integration of safety and security;
(E) cargo packaging and handling;
(F) hazmat release consequences; and
(G) materials and equipment testing.
(Added Pub. L. 112–141, div. C, title III, § 33007(a), July 6, 2012, 126 Stat. 835; amended Pub. L. 114–94, div. A, title VI, § 6014, Dec. 4, 2015, 129 Stat. 1570.)
heading: Prior Provisions
text: A prior section 5118, Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 777; Pub. L. 108–426, § 2(c)(2), Nov. 30, 2004, 118 Stat. 2424, related to employment of additional hazardous material safety inspectors, prior to repeal by Pub. L. 109–59, title VII, § 7115(h), Aug. 10, 2005, 119 Stat. 1901.
heading: Amendments
text: 2015—Subsec. (a)(2)(C). Pub. L. 114–94, § 6014(1), added subpar. (C).
Subsec. (c). Pub. L. 114–94, § 6014(2), added subsec. (c).
heading: Effective Date of 2015 Amendment
text: 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.
heading: Effective Date
text: Section effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
49 U.S.C. § 5313 (TRANSPORTATION)
[§ 5313. Repealed. Pub. L. 114–94, div. A, title III, § 3030(b), Dec. 4, 2015, 129 Stat. 1496]
text: Section, Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 812; Pub. L. 105–178, title III, § 3029(b)(4), (5), June 9, 1998, 112 Stat. 372; Pub. L. 109–59, title III, §§ 3002(b)(4), 3015(a), (b)(1), Aug. 10, 2005, 119 Stat. 1545, 1597; Pub. L. 112–141, div. B, § 20030(b), July 6, 2012, 126 Stat. 730, related to transit cooperative research program.
heading: Effective Date of Repeal
text: Repeal effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees.
49 U.S.C. § 5319 (TRANSPORTATION)
[§ 5319. Repealed. Pub. L. 114–94, div. A, title III, § 3030(c), Dec. 4, 2015, 129 Stat. 1497]
text: Section, Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 818; Pub. L. 105–178, title III, § 3019, June 9, 1998, 112 Stat. 362; Pub. L. 109–59, title III, § 3002(b)(4), Aug. 10, 2005, 119 Stat. 1545; Pub. L. 110–244, title II, § 201(h), June 6, 2008, 122 Stat. 1610; Pub. L. 112–141, div. B, § 20030(c), July 6, 2012, 126 Stat. 730, made certain bicycle facilities eligible for assistance under sections 5307, 5309, and 5311 of this title.
heading: Effective Date of Repeal
text: Repeal effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees.
49 U.S.C. § 5322 (TRANSPORTATION)
[§ 5322. Repealed. Pub. L. 114–94, div. A, title III, § 3030(d), Dec. 4, 2015, 129 Stat. 1497]
text: Section, Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 820; Pub. L. 109–59, title III, §§ 3002(b)(4), 3022, Aug. 10, 2005, 119 Stat. 1545, 1614; Pub. L. 112–141, div. B, § 20015, July 6, 2012, 126 Stat. 695, provided for programs that address human resource needs in public transportation activities.
heading: Effective Date of Repeal
text: Repeal effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees.
49 U.S.C. § 5503 (TRANSPORTATION)
[§ 5503. Repealed. Pub. L. 114–94, div. A, title VI, § 6015(a), Dec. 4, 2015, 129 Stat. 1571]
text: Section, Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 850; Pub. L. 105–178, title V, § 5109(b), June 9, 1998, 112 Stat. 440; Pub. L. 108–426, § 4(c), Nov. 30, 2004, 118 Stat. 2425; Pub. L. 109–59, title IV, § 4149, Aug. 10, 2005, 119 Stat. 1750; Pub. L. 110–244, title III, § 301(k), June 6, 2008, 122 Stat. 1616; Pub. L. 113–76, div. L, title I, Jan. 17, 2014, 128 Stat. 574, related to the Office of Intermodalism.
heading: Effective Date of Repeal
text: Repeal effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees.
49 U.S.C. § 6502 (TRANSPORTATION)
§ 6502. Consolidated research database
(a) Research Abstract Database.—
(1) In general.—
The Secretary shall annually publish on a public website a comprehensive database of all research projects conducted by the Department of Transportation, including, to the extent practicable, research funded through University Transportation Centers.
(2) Contents.—
The database published under paragraph (1) shall, to the extent practicable—
(A) include the consolidated modal research plans approved under section 6501(b)(1)(B)(i);
(B) describe the research objectives, progress, findings, and allocated funds for each research project;
(C) identify research projects with multimodal applications;
(D) specify how relevant modal administrations have assisted, will contribute to, or plan to use the findings from the research projects identified under paragraph (1);
(E) identify areas in which more than 1 modal administration is conducting research on a similar subject or a subject that has a bearing on more than 1 mode;
(F) indicate how the findings of research are being disseminated to improve the efficiency, effectiveness, and safety of transportation systems; and
(G) describe the public and stakeholder input to the research plans submitted under section 6501(a)(1).
(b) Funding Report.—
In conjunction with each of the annual budget requests submitted by the President under section 1105 of title 31, the Secretary shall annually publish on a public website and submit to the appropriate committees of Congress a report that describes—
(1) the amount spent in the last full fiscal year on transportation research and development with specific descriptions of projects funded at $5,000,000 or more; and
(2) the amount proposed in the current budget for transportation research and development with specific descriptions of projects funded at $5,000,000 or more.
(c) Performance Plans and Reports.—
In the plans and reports submitted under sections 1115 and 1116 of title 31, the Secretary shall include—
(1) a summary of the Federal transportation research and development activities for the previous fiscal year in each topic area;
(2) the amount spent in each topic area;
(3) a description of the extent to which the research and development is meeting the expectations described in section 6503(c)(1); and
(4) any amendments to the strategic plan developed under section 6503.
(Added Pub. L. 114–94, div. A, title VI, § 6019(b)(1), Dec. 4, 2015, 129 Stat. 1579.)
heading: Effective Date
text: Section effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees.
49 U.S.C. § 10901 (TRANSPORTATION)
§ 10901. Authorizing construction and operation of railroad lines
(a) A person may—
(1) construct an extension to any of its railroad lines;
(2) construct an additional railroad line;
(3) provide transportation over, or by means of, an extended or additional railroad line; or
(4) in the case of a person other than a rail carrier, acquire a railroad line or acquire or operate an extended or additional railroad line,
only if the Board issues a certificate authorizing such activity under subsection (c).
(b) A proceeding to grant authority under subsection (a) of this section begins when an application is filed. On receiving the application, the Board shall give reasonable public notice, including notice to the Governor of any affected State, of the beginning of such proceeding.
(c) The Board shall issue a certificate authorizing activities for which such authority is requested in an application filed under subsection (b) unless the Board finds that such activities are inconsistent with the public convenience and necessity. Such certificate may approve the application as filed, or with modifications, and may require compliance with conditions (other than labor protection conditions) the Board finds necessary in the public interest.
(d)
(1) When a certificate has been issued by the Board under this section authorizing the construction or extension of a railroad line, no other rail carrier may block any construction or extension authorized by such certificate by refusing to permit the carrier to cross its property if—
(A) the construction does not unreasonably interfere with the operation of the crossed line;
(B) the operation does not materially interfere with the operation of the crossed line; and
(C) the owner of the crossing line compensates the owner of the crossed line.
(2) If the parties are unable to agree on the terms of operation or the amount of payment for purposes of paragraph (1) of this subsection, either party may submit the matters in dispute to the Board for determination. The Board shall make a determination under this paragraph within 120 days after the dispute is submitted for determination.
(Added Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 822.)
heading: Prior Provisions
text: A prior section 10901, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1402; Pub. L. 96–448, title II, § 221, Oct. 14, 1980, 94 Stat. 1928, related to authorizing construction and operation of railroad lines, prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
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 1301 of this title.
49 U.S.C. § 13501 (TRANSPORTATION)
§ 13501. General jurisdiction
The Secretary and the Board have jurisdiction, as specified in this part, over transportation by motor carrier and the procurement of that transportation, to the extent that passengers, property, or both, are transported by motor carrier—
(1) between a place in—
(A) a State and a place in another State;
(B) a State and another place in the same State through another State;
(C) the United States and a place in a territory or possession of the United States to the extent the transportation is in the United States;
(D) the United States and another place in the United States through a foreign country to the extent the transportation is in the United States; or
(E) the United States and a place in a foreign country to the extent the transportation is in the United States; and
(2) in a reservation under the exclusive jurisdiction of the United States or on a public highway.
(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 859.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 10521 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
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 1301 of this title.
49 U.S.C. § 13541 (TRANSPORTATION)
§ 13541. Authority to exempt transportation or services
(a) In General.—
In any matter subject to jurisdiction under this part, the Secretary or the Board, as applicable, shall exempt a person, class of persons, or a transaction or service from the application, in whole or in part, of a provision of this part, or use this exemption authority to modify the application of a provision of this part as it applies to such person, class, transaction, or service, when the Secretary or Board finds that the application of that provision—
(1) is not necessary to carry out the transportation policy of section 13101;
(2) is not needed to protect shippers from the abuse of market power or that the transaction or service is of limited scope; and
(3) is in the public interest.
(b) Initiation of Proceeding.—
The Secretary or Board, as applicable, may, where appropriate, begin a proceeding under this section on the Secretary’s or Board’s own initiative or on application by an interested party.
(c) Period of Exemption.—
The Secretary or Board, as applicable, may specify the period of time during which an exemption granted under this section is effective.
(d) Revocation.—
The Secretary or Board, as applicable, may revoke an exemption, to the extent specified, on finding that application of a provision of this part to the person, class, or transportation is necessary to carry out the transportation policy of section 13101.
(e) Limitations.—
(1) In general.—
The exemption authority under this section may not be used to relieve a person from the application of, and compliance with, any law, rule, regulation, standard, or order pertaining to cargo loss and damage, insurance, safety fitness, or activities approved under section 13703 or 14302 or not terminated under section 13907(d)(2).
(2) Water carriers.—
The Secretary or Board, as applicable, may not exempt a water carrier from the application of, or compliance with, section 13701 or 13702 for transportation in the non-contiguous domestic trade.
(f) Continuation of Certain Existing Exemptions for Water Carriers.—
The Secretary or Board, as applicable, shall not regulate or exercise jurisdiction under this part over the transportation by water carrier in the non-contiguous domestic trade of any cargo or type of cargo or service which was not subject to regulation by, or under the jurisdiction of, either the Federal Maritime Commission or Interstate Commerce Commission under Federal law in effect on November 1, 1995.
(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 866.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 10505 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
heading: Abolition of Interstate Commerce Commission
text: 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. § 13901 (TRANSPORTATION)
§ 13901. Requirements for registration
(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.)
heading: Amendments
text: 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.”
heading: Effective Date of 2012 Amendment
text: 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.
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 1301 of this title.
49 U.S.C. § 14101 (TRANSPORTATION)
§ 14101. Providing transportation and service
(a) On Reasonable Request.—
A carrier providing transportation or service subject to jurisdiction under chapter 135 shall provide the transportation or service on reasonable request. In addition, a motor carrier shall provide safe and adequate service, equipment, and facilities.
(b) Contracts With Shippers.—
(1) In general.—
A carrier providing transportation or service subject to jurisdiction under chapter 135 may enter into a contract with a shipper, other than for the movement of household goods described in section 13102(10)(A), to provide specified services under specified rates and conditions. If the shipper and carrier, in writing, expressly waive any or all rights and remedies under this part for the transportation covered by the contract, the transportation provided under the contract shall not be subject to the waived rights and remedies and may not be subsequently challenged on the ground that it violates the waived rights and remedies. The parties may not waive the provisions governing registration, insurance, or safety fitness.
(2) Remedy for breach of contract.—
The exclusive remedy for any alleged breach of a contract entered into under this subsection shall be an action in an appropriate State court or United States district court, unless the parties otherwise agree.
(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 890.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 11101 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
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 1301 of this title.
49 U.S.C. § 14103 (TRANSPORTATION)
§ 14103. Loading and unloading motor vehicles
(a) Shipper Responsible for Assisting.—
Whenever a shipper or receiver of property requires that any person who owns or operates a motor vehicle transporting property in interstate commerce (whether or not such transportation is subject to jurisdiction under subchapter I of chapter 135) be assisted in the loading or unloading of such vehicle, the shipper or receiver shall be responsible for providing such assistance or shall compensate the owner or operator for all costs associated with securing and compensating the person or persons providing such assistance.
(b) Coercion Prohibited.—
It shall be unlawful to coerce or attempt to coerce any person providing transportation of property by motor vehicle for compensation in interstate commerce (whether or not such transportation is subject to jurisdiction under subchapter I of chapter 135) to load or unload any part of such property onto or from such vehicle or to employ or pay one or more persons to load or unload any part of such property onto or from such vehicle; except that this subsection shall not be construed as making unlawful any activity which is not unlawful under the National Labor Relations Act or the Act of March 23, 1932 (47 Stat. 70; 29 U.S.C. 101 et seq.), commonly known as the Norris-LaGuardia Act.
(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 891.)
heading: References in Text
text: The National Labor Relations Act, referred to in subsec. (b), is act July 5, 1935, ch. 372, 49 Stat. 449, as amended, which is classified generally to subchapter II (§ 151 et seq.) of chapter 7 of Title 29, Labor. For complete classification of this Act to the Code, see section 167 of Title 29 and Tables.
Act of March 23, 1932, commonly known as the Norris-LaGuardia Act, referred to in subsec. (b), is act Mar. 23, 1932, ch. 90, 47 Stat. 70, as amended, which is classified generally to chapter 6 (§ 101 et seq.) of Title 29. For complete classification of this Act to the Code, see Short Title note set out under section 101 of Title 29 and Tables.
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 11109 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
heading: Collection of Data on Delays in Goods Movement
text: Pub. L. 114–94, div. A, title V, § 5501(b), Dec. 4, 2015, 129 Stat. 1550, provided that: “Not later than 2 years after the date of enactment of this Act [Dec. 4, 2015], the Secretary [of Transportation] shall establish by regulation a process to collect data on delays experienced by operators of commercial motor vehicles before the loading and unloading of such vehicles and at other points in the pick-up and delivery process.”