dreamproit/uscode huggingface dataset:
49 U.S.C. § 14916 (TRANSPORTATION)
§ 14916. Unlawful brokerage activities
(a) Prohibited Activities.—
A person may provide interstate brokerage services as a broker only if that person—
(1) is registered under, and in compliance with, section 13904; and
(2) has satisfied the financial security requirements under section 13906.
(b) Exceptions.—
Subsection (a) shall not apply to—
(1) a non-vessel-operating common carrier (as defined in section 40102 of title 46) or an ocean freight forwarder (as defined in section 40102 of title 46) when arranging for inland transportation as part of an international through movement involving ocean transportation between the United States and a foreign port;
(2) a customs broker licensed in accordance with section 111.2 of title 19, Code of Federal Regulations, only to the extent that the customs broker is engaging in a movement under a customs bond or in a transaction involving customs business, as defined by section 111.1 of title 19, Code of Federal Regulations; or
(3) an indirect air carrier holding a Standard Security Program approved by the Transportation Security Administration, only to the extent that the indirect air carrier is engaging in the activities as an air carrier as defined in section 40102(2) or in the activities defined in section 40102(3).
(c) Civil Penalties and Private Cause of Action.—
Any person who knowingly authorizes, consents to, or permits, directly or indirectly, either alone or in conjunction with any other person, a violation of subsection (a) is liable—
(1) to the United States Government for a civil penalty in an amount not to exceed $10,000 for each violation; and
(2) to the injured party for all valid claims incurred without regard to amount.
(d) Liable Parties.—
The liability for civil penalties and for claims under this section for unauthorized brokering shall apply, jointly and severally—
(1) to any corporate entity or partnership involved; and
(2) to the individual officers, directors, and principals of such entities.
(Added Pub. L. 112–141, div. C, title II, § 32919(a), July 6, 2012, 126 Stat. 827; amended Pub. L. 114–94, div. A, title V, § 5508(a)(5), Dec. 4, 2015, 129 Stat. 1554.)
heading: Amendments
text: 2015—Pub. L. 114–94 substituted section symbol for “SEC.” before section designation.
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. § 15101 (TRANSPORTATION)
§ 15101. Transportation policy
(a) In General.—
To ensure the development, coordination, and preservation of a transportation system that meets the transportation needs of the United States, including the national defense, it is the policy of the United States Government to oversee the modes of transportation and in overseeing those modes—
(1) to recognize and preserve the inherent advantage of each mode of transportation;
(2) to promote safe, adequate, economical, and efficient transportation;
(3) to encourage sound economic conditions in transportation, including sound economic conditions among carriers;
(4) to encourage the establishment and maintenance of reasonable rates for transportation without unreasonable discrimination or unfair or destructive competitive practices;
(5) to cooperate with each State and the officials of each State on transportation matters; and
(6) to encourage fair wages and working conditions in the transportation industry.
(b) Administration To Carry Out Policy.—
This part shall be administered and enforced to carry out the policy of this section.
(Added Pub. L. 104–88, title I, § 106(a), Dec. 29, 1995, 109 Stat. 921; amended Pub. L. 105–102, § 2(13), Nov. 20, 1997, 111 Stat. 2205.)
heading: Historical and Revision Notes
heading: Pub. L. 105–102
text: This amends 49:15101(a) to correct a grammatical error.
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 10101 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
heading: Amendments
text: 1997—Subsec. (a). Pub. L. 105–102 struck out “of” after “Government to oversee”.
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.
heading: GAO Report
text: Pub. L. 104–88, title I, § 106(b), Dec. 29, 1995, 109 Stat. 932, provided that: “Within 3 years after the effective date of this Act [Jan. 1, 1996, except as otherwise provided, see Effective Date note set out under section 1301 of this title], the Comptroller General shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report regarding the impact of regulations under part C [of subtitle IV] of title 49, United States Code, on the competitiveness of pipelines and recommend whether to continue, revise, or sunset such regulations. Congress shall take into account the findings of this report when considering the Board’s [Surface Transportation Board] reauthorization.”
49 U.S.C. § 15301 (TRANSPORTATION)
§ 15301. General pipeline jurisdiction
(a) In General.—
The Board has jurisdiction over transportation by pipeline, or by pipeline and railroad or water, when transporting a commodity other than water, gas, or oil. Jurisdiction under this subsection applies only to transportation in the United States between a place in—
(1) a State and a place in another State;
(2) the District of Columbia and another place in the District of Columbia;
(3) a State and a place in a territory or possession of the United States;
(4) a territory or possession of the United States and a place in another such territory or possession;
(5) a territory or possession of the United States and another place in the same territory or possession;
(6) the United States and another place in the United States through a foreign country; or
(7) the United States and a place in a foreign country.
(b) No Jurisdiction Over Intrastate Transportation.—
The Board does not have jurisdiction under subsection (a) over the transportation of property, or the receipt, delivery, storage, or handling of property, entirely in a State (other than the District of Columbia) and not transported between a place in the United States and a place in a foreign country except as otherwise provided in this part.
(c) Protection of States Powers.—
This part does not affect the power of a State, in exercising its police power, to require reasonable intrastate transportation by carriers providing transportation subject to the jurisdiction of the Board under this chapter unless the State requirement is inconsistent with an order of the Board issued under this part or is prohibited under this part.
(Added Pub. L. 104–88, title I, § 106(a), Dec. 29, 1995, 109 Stat. 922.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 10501 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. § 15501 (TRANSPORTATION)
§ 15501. Standards for pipeline rates, classifications, through routes, rules, and practices
(a) Reasonableness.—
A rate, classification, rule, or practice related to transportation or service provided by a pipeline carrier subject to this part must be reasonable. A through route established by such a carrier must be reasonable.
(b) Nondiscrimination.—
A pipeline carrier providing transportation subject to this part may not discriminate in its rates against a connecting line of any other pipeline, rail, or water carrier providing transportation subject to this subtitle or unreasonably discriminate against that line in the distribution of traffic that is not routed specifically by the shipper.
(Added Pub. L. 104–88, title I, § 106(a), Dec. 29, 1995, 109 Stat. 923.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 10701 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. § 15701 (TRANSPORTATION)
§ 15701. Providing transportation and service
(a) Service on Reasonable Request.—
A pipeline carrier providing transportation or service under this part shall provide the transportation or service on reasonable request.
(b) Rates and Other Terms.—
A pipeline carrier shall also provide to any person, on request, the carrier’s rates and other service terms. The response by a pipeline carrier to a request for the carrier’s rates and other service terms shall be—
(1) in writing and forwarded to the requesting person promptly after receipt of the request; or
(2) promptly made available in electronic form.
(c) Limitation on Rate Increases and Changes to Service Terms.—
A pipeline carrier may not increase any common carrier rates or change any common carrier service terms unless 20 days have expired after written or electronic notice is provided to any person who, within the previous 12 months—
(1) has requested such rates or terms under subsection (b); or
(2) has made arrangements with the carrier for a shipment that would be subject to such increased rates or changed terms.
(d) Provision of Service.—
A pipeline carrier shall provide transportation or service in accordance with the rates and service terms, and any changes thereto, as published or otherwise made available under subsection (b) or (c).
(e) Regulations.—
The Board shall, by regulation, establish rules to implement this section. The regulations shall provide for immediate disclosure and dissemination of rates and service terms, including classifications, rules, and practices, and their effective dates. The regulations may modify the 20-day period specified in subsection (c). Final regulations shall be adopted by the Board not later than 180 days after January 1, 1996.
(Added Pub. L. 104–88, title I, § 106(a), Dec. 29, 1995, 109 Stat. 925; amended Pub. L. 104–287, § 5(44), Oct. 11, 1996, 110 Stat. 3393.)
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: Amendments
text: 1996—Subsec. (e). Pub. L. 104–287 substituted “January 1, 1996” for “the effective date of this section”.
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. § 15901 (TRANSPORTATION)
§ 15901. General authority
(a) Investigation; Compliance Order.—
Except as otherwise provided in this part, the Board may begin an investigation under this part only on complaint. If the Board finds that a pipeline carrier is violating this part, the Board shall take appropriate action to compel compliance with this part. The Board shall provide the carrier notice of the investigation and an opportunity for a proceeding.
(b) Complaint.—
A person, including a governmental authority, may file with the Board a complaint about a violation of this part by a pipeline carrier providing transportation or service subject to this part. The complaint must state the facts that are the subject of the violation. The Board may dismiss a complaint it determines does not state reasonable grounds for investigation and action. However, the Board may not dismiss a complaint made against a pipeline carrier providing transportation subject to this part because of the absence of direct damage to the complainant.
(c) Automatic Dismissal.—
A formal investigative proceeding begun by the Board under subsection (a) is dismissed automatically unless it is concluded by the Board with administrative finality by the end of the 3d year after the date on which it was begun.
(Added Pub. L. 104–88, title I, § 106(a), Dec. 29, 1995, 109 Stat. 926.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 11701 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
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. § 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 1301 of this title.
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—
(1) the date on which the code, rule, standard, requirement, or practice was adopted is specifically cited in the rule or order; or
(2) 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; amended Pub. L. 114–94, div. A, title XI, § 11316(c), Dec. 4, 2015, 129 Stat. 1676.)
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.
heading: Amendments
text: 2015—Pub. L. 114–94 substituted “unless—” for “unless”, inserted par. (1) designation before “the date”, substituted “order; or” for “order, or” in par. (1), inserted par. (2) designation before “the code, rule, standard, requirement, or practice has been subject to notice and comment under a rule or order issued under this part.”, and realigned margins.
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.
49 U.S.C. § 20121 (TRANSPORTATION)
§ 20121. Repair and replacement of damaged track inspection equipment
The Secretary of Transportation may receive and expend cash, or receive and utilize spare parts and similar items, from non-United States Government sources to repair damages to or replace United States Government-owned automated track inspection cars and equipment as a result of third-party liability for such damages, and any amounts collected under this section shall be credited directly to the Railroad Safety and Operations account of the Federal Railroad Administration and shall remain available until expended for the repair, operation, and maintenance of automated track inspection cars and equipment in connection with the automated track inspection program.
(Added Pub. L. 114–94, div. A, title XI, § 11413(a), Dec. 4, 2015, 129 Stat. 1688.)
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. § 20154 (TRANSPORTATION)
[§ 20154. Repealed. Pub. L. 114–94, div. A, title XI, § 11301(c)(1), Dec. 4, 2015, 129 Stat. 1648]
text: Section, Pub. L. 109–59, title IX, § 9002(a)(1), Aug. 10, 2005, 119 Stat. 1919, related to capital grants for rail line relocation projects.
heading: Effective Date of Repeal
text: Repeal by Pub. L. 114–94 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.
heading: Regulations
text: Pub. L. 109–59, title IX, § 9002(b), Aug. 10, 2005, 119 Stat. 1921, required Secretary of Transportation to issue temporary regulations to implement grant program under this section by April 1, 2006, and to issue final regulations by October 1, 2006.
49 U.S.C. § 20159 (TRANSPORTATION)
§ 20159. Roadway user sight distance at highway-rail grade crossings
Not later than 18 months after the date of enactment of the Rail Safety Improvement Act of 2008, the Secretary of Transportation, after consultation with the Federal Railroad Administration, the Federal Highway Administration, and States, shall develop and make available to States model legislation providing for improving safety by addressing sight obstructions, including vegetation growth, topographic features, structures, and standing railroad equipment, at highway-rail grade crossings that are equipped solely with passive warnings, as recommended by the Inspector General of the Department of Transportation in Report No. MH–2007–044.
(Added Pub. L. 110–432, div. A, title II, § 203(a), Oct. 16, 2008, 122 Stat. 4869; amended Pub. L. 114–94, div. A, title XI, § 11316(f), Dec. 4, 2015, 129 Stat. 1676.)
heading: References in Text
text: The date of enactment of the Rail Safety Improvement Act of 2008, referred to in text, is the date of enactment of div. A of Pub. L. 110–432, which was approved Oct. 16, 2008.
heading: Amendments
text: 2015—Pub. L. 114–94 substituted “the Secretary of Transportation” for “the Secretary”.
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.
49 U.S.C. § 20164 (TRANSPORTATION)
§ 20164. Development and use of rail safety technology
(a) In General.—
Not later than 1 year after the date of enactment of the Rail Safety Improvement Act of 2008, the Secretary of Transportation shall prescribe standards, guidance, regulations, or orders governing the development, use, and implementation of rail safety technology in dark territory, in arrangements not defined in section 20501 or otherwise not covered by Federal standards, guidance, regulations, or orders that ensure the safe operation of such technology, such as—
(1) switch position monitoring devices or indicators;
(2) radio, remote control, or other power-assisted switches;
(3) hot box, high water, or earthquake detectors;
(4) remote control locomotive zone limiting devices;
(5) slide fences;
(6) grade crossing video monitors;
(7) track integrity warning systems; or
(8) other similar rail safety technologies, as determined by the Secretary.
(b) Dark Territory Defined.—
In this section, the term “dark territory” means any territory in a railroad system that does not have a signal or train control system installed or operational.
(Added Pub. L. 110–432, div. A, title IV, § 406(a), Oct. 16, 2008, 122 Stat. 4886; amended Pub. L. 114–94, div. A, title XI, § 11316(i), Dec. 4, 2015, 129 Stat. 1677.)
heading: References in Text
text: The date of enactment of the Rail Safety Improvement Act of 2008, referred to in subsec. (a), is the date of enactment of div. A of Pub. L. 110–432, which was approved Oct. 16, 2008.
heading: Amendments
text: 2015—Subsec. (a). Pub. L. 114–94 substituted “after the date of enactment of the Rail Safety Improvement Act of 2008” for “after enactment of the Railroad Safety Enhancement Act of 2008” in introductory provisions.
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.
49 U.S.C. § 20167 (TRANSPORTATION)
[§ 20167. Repealed. Pub. L. 114–94, div. A, title XI, § 11301(c)(1), Dec. 4, 2015, 129 Stat. 1648]
text: Section, Pub. L. 110–432, div. A, title IV, § 418(a), Oct. 16, 2008, 122 Stat. 4891, related to railroad safety infrastructure improvement grants.
heading: Effective Date of Repeal
text: Repeal by Pub. L. 114–94 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.