A bill to revise, codify, and enact without substantive change the Interstate Commerce Act and related laws as subtitle IV of title 49, United States Code, "Transportation".
PL 95-473 (H.R.10965), enacted 10/17/1978

PUBLIC LAW 95-473—OCT. 17, 1978 
92 STAT. 1337 
Public Law 95-473 
95th Congress 
An Act 
To revise, codify, and enact witliout substantive change the Interstate Commerce 
Act and related laws as subtitle IV of title 49, United States Code, 
"Transportation". 
Oct. 17, 1978 
[H.R. 10965] 
Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assemhled^ That certain gen- Interstate 
eral and permanent laws of the United States, related to transpor- Commerce Act 
tation, are revised, codified, and enacted as title 49, United States ^^ related laws. 
Code, "Transportation", as follows: 
49^8216 IV 
U.S. Code. 
TITLE 49—TRANSPORTATION 
SUBTITLE 
Sec. 
I. [RESERVED—DEPARTMENT OF TRANSPORTATION] 
XL [RESERVED—TRANSPORTATION PROGRAMS] 
III. [RESERVED—AIR TRANSPORTATION] 
IV. INTERSTATE COMMERCE 
lOlOl 
V. [RESERVED—MISCELLANEOUS] 
SUBTITLE IV—INTERSTATE COMMERCE 
CHAPTER 
Sec. 
101. GENERAL PROVISIONS 
10101 
103. INTERSTATE COMMERCE COMMISSION 
10301 
105. JURISDICTION 
10501 
107. RATES, TARIFFS, AND VALUATIONS 
10701 
109. LICENSING 
: 
10901 
111. OPERATIONS OF CARRIERS 
11101 
113. 
FINANCE 
11801 
115. 
FEDERAL-STATE RELATIONS 
11501 
117. 
ENFORCEMENT: INVESTIGATIONS, RIGHTS, AND REMEDIES 
11701 
119. 
CIVIL AND CRIMINAL PENALTIES 
11901 
CHAPTER 101—GENERAL PROVISIONS 
Sec. 
10101. Transportation policy. 
10102. Definitions. 
10103. Remedies as cumulative. 
§ 10101. Transportation policy 
(a) To ensure the development, coordination, and preservation of a 
transportation system that meets the transportation needs of the 
United States, including the United States Postal Service and na-
tional defense, it is the policy of the United States Government to 
provide for the impartial regulation of the modes of transportation 
subject to this subtitle, and in regulating 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 transporta-
tion, including sound economic conditions among carriers; 
(4) to encourage the establishment and maintenance of reason-
able rates for transportation without unreasonable discrimination 
or unfair or destructive competitive practices; 
49 u s e 10101. 
92 STAT. 1338 
PUBLIC LAW 95-473—OCT. 17, 1978 
(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. 
<v 
(b) This subtitle shall be administered and enforced to carry out 
the policy of this section. 
49 use 10102. 
§ 10102. Definitions 
In this subtitle— 
(1) "broker" means a person, other than a motor carrier or 
an employee or agent of a motor carrier, that as a principal or 
agent sells, offers for sale, negotiates for, or holds itself out by 
solicitation, advertisement, or otherwise as selling, providing, or 
' 
arranging for, transportation by motor carrier for compensation. 
(2) "carrier" means a common carrier and a contract carrier. 
(3) "car service" includes (A) the use, control, supply, move-
ment, distribution, exchange, interchange, and return of locomo-
tives, cars, other vehicles, and special types of equipment used 
in the transportation of property by a rail carrier, and (B) the 
supply of trains by a rail carrier. 
(4) "common carrier" means an express carrier, a pipeline 
carrier, a rail carrier, a sleeping car carrier, a motor common 
carrier, a water common carrier, and a freight forwarder. 
(5) "contract carrier" means a motor contract carrier and a 
water contract carrier. 
(6) "control", when referring to a relationship between per-
sons, includes actual control, legal control, and the power to ex-
ercise control, through or by (A) common directors, officers, 
stockholders, a voting trust, or a holding or investment company, 
or (B) any other means. 
(7) "express carrier" means a person providing express 
transportation for compensation. 
(8) "freight forwarder" means a person holding itself out to 
the general public (other than as an express, pipeline, rail, sleep-
ing car, motor, or water carrier) to provide transportation of 
property for compensation and in the ordinary course of its 
business— 
(A) assembles and consolidates, or provides for assem-
bling and consolidating, shipments and performs or provides 
for break-bulk and distribution operations of the shipments; 
• f©^^^ -^'--'* ' 
(B) assumes responsibility for the transportation from the 
place of receipt to the place of destination; and 
(C) uses for any part of the transportation a carrier 
subject to the jurisdiction of the Interstate Commerce Com-
mission under subchapter I, II, or III of chapter 105 of this 
Post, pp. 1359, 
title. 
1361,1365. 
(9) "highway" means a road, highway, street, and way in a 
State. 
(10) "motor carrier" means a motor common carrier and a 
1 motor contract carrier. 
(11) "motor common carrier" means a person holding itself 
out to the general public to provide motor vehicle transportation 
for compensation over regular or irregular routes, or both. 
(12) "motor contract carrier" means a person, other than a 
motor common carrier, providing motor vehicle transportation 
for compensation under continuing agreements with a person or 
a limited number of persons— 
PUBLIC LAW 95-473—OCT. 17, 1978 
92 STAT. 1339 
(A) by assigning motor vehicles for a continuing period 
of time for the exclusive use of each such person; or 
(B) designed to meet the distinct needs of each such 
person. 
(13) "motor private carrier" means a person, other than a motor 
carrier, transporting property by motor vehicle when— 
(A) the transportation is as provided in section 10521(a) 
(1) and (2) of this title; 
Post, p. 1361. 
(B) the person is the owner, lessee, or bailee of the property 
being transported; and 
(C) the property is being transported for sale, lease, rent, 
or bailment, or to further a commercial enterprise. 
(14) "motor vehicle" means a vehicle, machine, tractor, trailer, 
or semitrailer propelled or drawn by mechanical power and 
* 
used on a highway in transportation, or a combination determined 
by the Commission, but does not include a vehicle, locomotive, or 
car operated only on a rail, or a trolley bus operated by electric 
power from a fixed overhead wire, and providing local passenger 
transportation similar to street-railway service. 
(15) "person", in addition to its meaning under section 1 of 
title 1, includes a trustee, receiver, assignee, or personal representa-
tive of a person. 
(16) "pipeline carrier" means a person providing pipeline 
transportation for compensation. 
(17) "rail carrier" means a person providing railroad trans-
portation for compensation. 
(18) "railroad" includes— 
(A) a bridge, car float, lighter, and ferry used by or in 
> 
connection with a railroad; 
(B) the road used by a rail carrier and owned by it or 
operated under an agreement; and 
(C) a switch, spur, track, terminal, terminal facility, and 
a freight depot, yard, and ground, used or necessary for 
transportation. 
(19) "rate" means a rate, fare, or charge for transportation. 
(20) "sleeping car carrier" means a person providing sleeping 
car transportation for compensation. 
(21) "State" means a State of the United States and the Dis-
trict of Columbia. 
(22) "tariff", when used in reference to a contract carrier, 
means a schedule. 
(23) "transportation" includes— 
(A) a locomotive, car, vehicle, motor vehicle, vessel, ware-
house, wharf, pier, dock, yard, property, facility, instru-
mentality, or equipment of any kind related to the movement 
of passengers or property, or both, regardless of ownership 
or an agreement concerning use; and 
(B) services related to that movement, including re-
ceipt, delivery, elevation, transfer in transit, refrigeration, 
icing, ventilation, storage, handling, and interchange of 
passengers and property. 
(24) "United States" means the States of the United States and 
the District of Columbia. 
(25) "vessel" means a watercraft or other artificial contrivance 
that is used, is capable of being used, or is intended to be used, 
as a means of transportation by water. 
92 STAT. 1340 
PUBLIC LAW 95-473—OCT. 17, 1978 
AM. 
49 u s e 10103. 
(26) "water carrier" means a water common carrier and a 
water contract carrier. 
'"* 
(27) "water common carrier" means a person holding itself 
out to the general public to provide water transportation for 
* compensation. 
(28) "water contract carrier" means a person, other than a 
* water common carrier, providing water transportation for com-
pensation under an agreement with another person, including 
transportation on a vessel provided to a person other than a car-
rier subject to the jurisdiction of the Commission under this 
•' subtitle when the vessel is used to transport only the property of 
the other person. 
§ 10103. Remedies as cumulative 
The remedies provided under this subtitle are in addition to remedies 
existing under another law or at common law. 
CHAPTER 103—INTERSTATE COMMERCE COMMISSION 
SUBCHAPTER I—ORGANIZATION 
Sec 
10301. 
10302. 
10303. 
10304. 
10305. 
10306. 
10307. 
10308. 
10309. 
10310. 
10311. 
General. 
.>.;,,.. "i-.••••,,.• ':;''•' - --
Divisions of the Commission. 
Secretary of the Commission; public records. 
Employee boards. 
Delegation of authority. 
Conduct of proceedings. 
OflBce and sessions. 
Admission to practice. 
Access to records by congressional committees. 
Reporting official action. 
Annual report. 
SUBCHAPTER II—ADMINISTRATIVE 
10321. 
Powers. 
10322. Initial decisions—nonrail proceedings. 
10323. Reheaviug, reargument, and reconsideration—^nonrail proceedings. 
10324. Counnission action. 
' 
10325. Judicial review—nonrail proceedings. 
10326. Limitations in rulemaking proceedings related to rail carriers. 
10327. Commission action and appellate procedure in rail carrier proceedings. 
10328. 
Intervention. 
10329. 
Service of notice in Commission proceedings. 
10330. Service of process in court proceedings. 
SUBCHAPTER III—JOINT BOARDS 
? 
10341. 
Jurisdiction. 
10342. 
Establishment. 
10343. 
Powers. 
10344. 
Administration. 
SUBCHAPTER IV—RAIL SERVICES PLANNING OFFICE 
10361. 
Organization. 
10362. 
Duties. 
10363. 
Director. 
10364. Powers. 
M 
PUBLIC LAW 95-473—OCT. 17, 1978 
92 STAT. 1341 
SUBCHAPTER V—OFFICE OF RAIL PUBLIC COUNSEL 
10381. 
10382. 
10383. 
10384. 
10385. 
10386. 
10387. 
10388. 
Organization. 
Duties; standing. 
Director. 
Office staff. 
Powers. 
Reports. 
Budget requests and estimates. 
Authorizations of appropriations 
Membership. 
Chairman. 
Term. 
SUBCHAPTER I—ORGANIZATION 
§ 10301. General 
49 use I030l. 
(a) The Interstate Commerce Commission is an independent estab-
lishment of the United States Government. 
(b) The Commission is composed of 11 members appointed by the 
President, by and with the advice and consent of the Senate. The 
President shall designate one of the members as Chairman. Not moie 
than 6 members may be appointed from the same political party. 
(c) The term of each member of the Commission is 7 years and be-
gins when the term of the predecessor of that member ends. An in-
dividual appointed to fill a vacancy occurring before the expiration of 
the term for which the predecessor of that individual was appointed. 
.j .. 
is appointed for the remainder of that term. When the term of office of 
a member ends, the member may continue to serve until a successor is 
appointed and qualified. The President may remove a member for in-
efficiency, neglect of duty, or malfeasance in office. 
(d) A member of the Commission may not have a pecuniary inter-
est in, hold an official relation to, or own stock in or bonds of, a car-
rier providing transportation by any mode and may not engage in 
\ 
another business, vocation, or emj)loyment. 
(e) A vacancy in the membership of the Commission does not im-
pair the right of the remaining members to exercise all of the powers 
of the Commission. The Commission may designate a member to act 
as Chairman during any period in which there is no Chairman 
^ 
designated by the President. 
(f) Subject to the general policies, decisions, findings, and deter- Responsibilities, 
minations of the Commission, the Chairman is responsible for ad-
ministering the Commission. The Chairman may delegate the powers 
granted under this subsection to an officer, employee, or administrative 
unit of the Commission. The Chairman shall— 
(1) appoint and supervise, other than regular and full time 
employees in the immediate offices of another member, the officers 
and employees of the Commission, including attorneys to provide 
legal aid and service to the Commission and its members, to 
represent the public interest in investigations and proceedings of 
the Commission, and to represent the Commission in any case 
in court; 
(2) appoint the heads of major administrative units with the 
approval of the Commission ; 
(3) distribute Commission business among officers and em-
ployees and administrative units of the Commission; 
(4) prepare requests for appropriations for the Commission 
and submit those requests to the President and Congress with 
the prior approval of the Commission; and 
Dd'j 
92 STAT. 1342 
PUBLIC LAW 95-473—OCT. 17, 1978 
(5) supervise the expenditure of funds allocated by the Com-
', 
mission for major programs and purposes. 
(g) The Commission shall have a seal that shall be judicially 
recognized. 
(h) The expenses of the Commission shall be paid after presentation 
and approval by the Chairman of itemized vouchers. 
49 use 10302. 
§ 10302. Divisions of the Commission 
(a) The Interstate Commerce Commission may establish and assign 
Commissioners to serve on as many divisions as may be necessary and 
may designate any division as an appellate division. Each division 
shall be composed of at least 3 Commissioners. The Commission may 
assign a Commissioner to serve on more than one division. 
(b) Unless otherwise directed by the Commission— 
(1) the Commissioner senior in service of the Commissioners 
•: 
on a division is chairman of the division; and 
(2) the Chairman of the Commission, or another Commissioner 
designated by the Chairman, may serve on a division tempo-
rarily, when there is a vacancy in the membership of the division 
r-n^'- 
or when another Commissioner is absent or unable to serve. 
(c) The Commission shall designate each division numerically or 
by a term descriptive of the function of that division. 
49 use 10303. 
§ 10303. Secretary of the Commission; public records 
(a) The Chairman of the Interstate Commerce Commission, with 
its approval, shall appoint the Secretary of the Commission. 
(b) The Secretary is the custodian of public records filed with the 
Commission. Copies of classifications, tariffs, and all arrangements 
filed with the Commission under this subtitle, and the statistics, tables, 
and figures contained in reports made to the Commission under this 
subtitle, are public records. A public record, or a copy or extract 
of it, certified by the Secretary under the seal of the Commission is 
competent evidence in a proceeding of the Commission and in a 
judicial proceeding. 
49 use 10304. 
§ 10304. Employee boards 
The Interstate Commerce Commission may establish employee 
^, 
boards composed of at least 3 employees. An employee who is a di-
rector or assistant director of a bureau, a chief of a section, an employee 
designated by the Commission, or an attorney may serve on a board. 
49 use 10305. 
§ 10305. Delegation of authority 
(a) The Interstate Commerce Commission may delegate to a di-
vision, an individual Commissioner, an employee board, or an em-
ployee appointed under section 3105 of title 5, a matter before the Com-
mission for action, including a matter referred to it by either House of 
Congress or by Congress. However, the Commission may not delegate 
a matter required to be referred to a joint board under section 10341 of 
this title, or a function vested in the Commission under this chapter. 
The Commission may change or rescind a delegation under this subsec-
tion at any time. "WTien a Commissioner or employee cannot act on a 
matter delegated under this section because of absence or another 
reason, the Chairman of the Commission may designate another Com-
missioner or employee, as the case may be, to serve temporarily until 
the Commission otherwise orders. 
(b) Delegation to a division of a matter related to the validity of 
rates shall be made according to the character of regulation exercised. 
PUBLIC LAW 95-473—OCT. 17, 1978 
92 STAT. 1343 
The delegation of any such matter may not be made according to the 
kind or class of carrier involved or to the form or mode of transporta-
tion in which that carrier may be engaged. 
(c) A division, individual Commissioner, employee board, or an 
employee may act on a matter delegated under subsection (a) of this 
section. ^Vhen acting under this section, a division, individual Com-
missioner, board, or an employee has the same power and authority 
and is subject to the same duties and obligations as the Commission. 
Action taken under this section has the same force and is taken in the 
same manner as if taken by the Commission. 
§ 10306. Conduct of proceedings 
(a) A majority of the Interstate Commerce Commission, a division, 
or an employee board is a quorum for the transaction of business. A 
Commissioner, the Secretary of the Commission, a member of an em-
ployee board, or an employee delegated to act under section 10805 of 
this title may administer oaths. 
(b) A party may appear and be heard before the Conmiission, a 
division, an individual Commissioner, a board, or an employee dele-
gated to act under section 10305 of this title in person or by an indi-
vidual admitted to practice under section 10308 of this title. A hear-
ing before the Commission, a division, an individual Commissioner, 
a board, or an employee shall be made public on the request of an 
interested party. 
(c) The Commission shall conform its forms for giving notice and 
their manner of service, to the extent practical, to those used by the 
courts of the United States. 
(d) Votes and other official acts of the Commission, a division, an 
individual Commissioner, an employee board, or an employee dele-
gated to act under section 10305 of this title shall be recorded and 
shall be made public on the request of an interested party. 
(e) A member of a board and an employee delegated to act under 
section 10305 of this title may not have a pecuniary interest in, hold an 
official relation to, or own securities of a carrier providing transpor-
tation by any mode. 
(f) The Commission shall review at least once every 3 years and 
revise as necessary the rules of practice for matters related to rail 
carriers adopted under section 305(c) of the Railroad Revitalization 
and Regulatory Reform Act of 1976 (90 Stat. 53). 
§ 10307. Office and sessions 
(a) The principal office of the Interstate Commerce Commission 
is in the District of Columbia. Until otherwise provided by law, the 
Commission may obtain suitable offices for its use and may procure 
all necessary office supplies. 
(b) General sessions of the Commission are held at its principal 
office. However, the Commission may hold special sessions in any part 
of the United States, for the convenience of the public or the parties 
and to avoid delay and expense. The Commission, an individual Com-
missioner, an employee board, or an employee delegated to act under 
section 10305 of this title may conduct proceedings under this subtitle 
in any part of the United States for the convenience of the parties. 
§ 10308. Admission to practice 
^ Subject to section 500 of title 5, the Interstate Commerce Commis-
sion may regulate the admission of individuals to practice before it 
and may impose a reasonable admission fee. 
49 use 10306. 
Rail carriers 
practice rules, 
review. 
49 use 17 note. 
49 use 10307. 
49 use 10308. 
Fee. 
92 STAT. 1344 
PUBLIC LAW 95-473—OCT. 17, 1978 
49 use 10309. 
Report to 
congressional 
committee. 
49 use 10310. 
.&W-
§ 10309. Access to records by congressional committees 
(a) When the Committee on Interstate and Foreign Commerce of 
the House of Representatives or the Committee on Commerce, Science, 
and Transportation of the Senate makes a written request for a record 
in the possession or under the control of the Interstate Commerce Com-
mission related to a matter involving a rail carrier providing 
transportation subject to this subtitle, the Commission shall send that 
record or a copy to the committee by the 10th day after the date of 
receipt of the request. If the record is not sent, the Commission shall 
send a written report to that committee within the 10-day period 
stating the reason why the record has not been sent and the anticipated 
date on which it will be sent. If the Commission transfers a record in 
its possession or under its control to another department, agency, or 
instrumentality of the United States Government, or to a person, it 
must condition the transfer on the guaranteed return of the record by 
the transferee to the Commission so that the Commission can comply 
with this subsection. 
(b) Subsection (a) of this section does not apply to a record obtained 
by the Commission from a person subject to regulation by it if the 
record contains trade secrets or commercial or financial information of 
a privileged or confidential nature. Subsection (a) of this section does 
not limit other authority of Congress, either House of Congress, or a 
committee or subcommittee of either House, to obtain a record. 
§ 10310. Reporting official action 
(a) The Interstate Commerce Commission shall make a written 
report of each proceeding conducted on complaint or on its own initia-
tive and furnish a copy to each party to that proceeding. The report 
shall include the findings, conclusions, and the order of the Commis-
sion and, if damages are awarded, the findings of fact supporting the 
award. The Commission may have its reports published for public use. 
A published report of the Commission is competent evidence of its 
contents. 
(b) (1) When action of the Commission in a matter related to a 
rail carrier is taken by the Commission, a division, a group of Com-
missioners, an individual Commissioner, an employee board, an em-
ployee delegated to act under section 10305 of this title, or another 
individual or group of individuals designated to take official action for 
the Commission, the written statement of that action (including a 
report, order, decision and order, vote, notice, letter, policj'^ statements, 
or regulation) shall indicate— 
(A) the official designation of the individual or group taking 
. 
the action; 
(B) the name of each individual taking, or participating in 
! - taking, the action; and 
(C) the vote or position of each participating individual. 
(2) If an individual member of a group taking an official action 
referred to in paragraph (1) of this subsection does not participate 
in it, the written statement of the action shall indicate that the mem-
ber did not participate. An individual participating in taking an 
official action is entitled to express the views of that individual as 
part of the written statement of the action. In addition to any publica-
tion of the written statement, it shall be made available to the public 
under section 552(a) of title 5. 
PUBLIC LAW 95-473—OCT. 17, 1978 
92 STAT. 1345 
§ 10311. Annual report 
49 USC 10311. 
The Interstate Commerce Commission shall prepare and send to Submittal to 
Congress an annual report before April 3 of each year. The Commis- Congress, 
sion shall include in the annual report information that may be of value 
in answering questions related to regulation of transportation and the 
names and pay of individuals employed by the Commission. The Com-
mission may include in its annual report, or send to Congress at any 
time, recommendations for additional legislation related to regulation 
of transportation. 
SUBCHAPTER II—ADMINISTRATIVE 
49 USC 10321. 
§ 10321. Powers 
(a) The Interstate Commerce Commission shall carry out this sub-
title. Enumeration of a power of the Commission in this subtitle does 
not exclude another power the Commission may have in carrying out 
this subtitle. The Commission may prescribe regulations in carrying Regulations, 
out this subtitle. 
(b) The Commission may—• 
(1) inquire into and report on the management of the business 
of carriers providing, and brokers for, transportation and service 
subject to this subtitle; 
(2) inquire into and report on the management of the business 
of a person controlling, controlled by, or under common control 
with those carriers or brokers to the extent that the business of 
that person is related to the management of the business of that 
carrier or broker; and 
(3) obtain from those carriers, brokers, and persons information 
the Commission decides is necessary to carry out this subtitle. 
(c) (1) The Commission, an individual Commissioner, an employee Subpenas. 
board, and an employee delegated to act under section 10305 of this 
title may subpena witnesses and records related to a proceeding of the 
Commission from any place in the United States, to the designated 
place of the proceeding. If a witness disobeys a subpena, the Commis-
sion, or a party to a proceeding before the Commission, may petition 
a court of the United States to enforce that subpena. 
(2) Subpenas may be signed by a Commissioner, the Secretary of 
the Commission, or a member of a board when the subpena relates to 
a matter delegated to the board under section 10305 of this title. 
(3) The district courts of the United States have jurisdiction to 
enforce a subpena issued under this section. Trial is in the district 
in which the proceeding is conducted. The court may punish a refusal 
to obey a subpena as a contempt of court. 
(d) (1) In a proceeding, the Commission may take the testimony of Depositions. 
a witness by deposition and may order the witness to produce records. 
A party to a proceeding pending before the Commission may take the 
testimony of a witness by deposition and may require the witness to 
produce records at any time after a proceeding is at issue on petition 
and answer. 
(2) If a witness fails to be deposed or to produce records under 
paragraph (1) of this subsection, the Commission may subpena the 
witness to take a deposition, produce the records, or both. 
(3) A deposition may be taken before a judge of a court of the 
United States, a United States magistrate, a clerk of a district court, 
or a chancellor, justice, or judge of a supreme or superior court, mayor 
39-194 O—80—pt. 2 
5 : QL3 
92 STAT. 1346 
PUBLIC LAW 95-473—OCT. 17, 1978 
ifiu 
i > or chief magistrate of a city, judge of a county court, or court of com-
, ,J , inon pleas of any State, or a notary public who is not counsel or at-
, 
torney of a party or interested in the proceeding. 
^4) Before taking a deposition, reasonable notice must be given in 
writing by the party or the attorney of that party proposing to take 
a deposition to the opposing party or the attorney of record of that 
party, whoever is nearest. The notice shall state the name of the witness 
and the time and place of taking the deposition. 
(5) The testimony of a person deposed under this subsection shall 
be taken under oath. The person taking the deposition shall prepare, 
or cause to be prepared, a transcript of the testimony taken. The 
transcript shall be subscribed by the deponent. 
J ; .i; 
(6) The testimony of a witness who is in a foreign country may be 
taken by deposition before an officer or person designated by the Com-
mission or agreed on by the parties by written stipulation filed with 
the Commission. A deposition shall be filed with the Commission 
promptly. 
(e) Each witness summoned before the Commission or whose dep-
osition is taken under this section and the individual taking the 
deposition are entitled to the same fees and mileage paid for those 
services in the courts of the United States. 
49 use 10322. 
§ 10322. Initial decisions—nonrail proceedings 
(a) When testimony is taken at a public hearing, an individual 
Commissioner, an employee board, oi' an employee delegated to act 
under section 10305 of this title shall issue an initial decision that 
Filing. 
includes a statement of reasons for the decision and an order. The 
decision and order shall be filed with the Interstate Commerce Commis-
sion. An initial decision becomes an action of the Commission on the 
20th day after the initial decision is served on the interested parties, 
':•! including persons referred to in section 10328(b) of this title if the 
proceeding involves a motor carrier, unless— 
(1) an exception to the initial decision is filed by an interested 
,. party during that 20-day period or by the end of an extended 
period if authorized by the Commission, or a division or board 
designated by the Commission; or 
(2) the Commission, or a division or board designated by the 
Commission, stays or postpones the initial decision. 
Review. 
(b) Before an initial decision of an individual Commissioner, 
a board, or an employee becomes an action of the Commission, a divi-
sion or board designated by the Commission, or the Commission, may 
review the initial decision on its own initiative and shall review the 
initial decision if exception to it is filed under subsection (a)(1) of 
this section. An initial decision may be reviewed on the record on 
r. j 
< which it is based or by a further hearing. If an initial decision is re-
viewed, it is stayed or postponed pending final determination of the 
matter, and it is an action of the Commission only after the final deter-
mination is made. 
49 use 10323. 
§ 10323. Rehearing, reargument, and reconsideration—nonrail 
proceedings 
(a) The Interstate Commerce Commission may grant rehearing, 
reargument, or reconsideration of a decision that has become an action 
of the Commission. A party to the proceeding may apply for rehearing, 
reargument, or reconsideration under Commission regulations. Ex-
cept as provided in subsection (b) (2) of this section, the Commission 
!'-S3^««%-' 
PUBLIC LAW 95-473—OCT. 17, 1978 
92 STAT. 1347 
may limit the right to apply for rehearing, reargument, or reconsidera-
tion of a decision of the Commission or a division to a proceeding or 
class of proceedings involving issues of general transportation im-
portance. 
(b) (1) An application for rehearing, reargument, or reconsidera-
tion shall be considered and acted on— 
(A) by the Commission if the action of the Commission was 
taken by it; or 
(B) by the Commission, or by an appellate division designated 
by the Commission, if the initial decision was made by a division, 
individual Commissioner, board, or employee. 
(2) An application for rehearing, reargument, or reconsideration 
shall be granted and referred to an appellate division for action if— 
(A) the matter was delegated for an initial decision to an in-
dividual Commissioner, board, or employee; 
(B) the application is filed by the 20th day after the date the 
initial decision became an action of the Commission under sec-
' 
tion 10322(a) of this title; and 
(C) the matter has not been previously reviewed under section 
10322(b) of this title. 
(c) The Commission or an appellate division may change a deci-
sion of a division, an individual Commissioner, board, or employee if 
the decision appears unreasonable after rehearing, reargument, or re-
consideration. However, the subsequent decision is subject to rehearing, 
reargument, or reconsideration under this section. 
§10324. Commission action 
(a) Unless otherwise provided in this subtitle, the Interstate Com-
merce Commission may determine, within a reasonable time, when its 
actions, other than an action ordering the payment of money, take 
effect. However, an action of the Commission in a proceeding involving 
a motor carrier, a broker, a water carrier, or freight forwarder may not 
take effect for 30 days. 
(b) An action of the Commission remains in effect under its own 
terms or until superseded. The Commission may change, suspend, or 
5et aside any such action on notice. Notice may be given in a manner 
determined by the Commission. A court of competent jurisdiction may 
suspend or set aside any such action. 
(c) An action of the Commission is enforceable unless— 
(1) application for rehearing, reargument, or reconsideration 
is made under section 10323 of this title before the effective date 
of the action; or 
(2) the Commission stays or postpones the action. 
§ 10325. Judicial review—nonrail proceedings 
A civil action to enforce, enjoin, suspend, or set aside an action of 
the Interstate Commerce Commission taken by a division, individual 
Commissioner, employee board, or employee delegated to act under 
section 10305 of this title may be started in a court of the United States 
only— 
(1) on denial of an application for rehearing, reargument, or 
j reconsideration; or 
(2) if the application is granted, after a rehearing, reargument, 
reconsideration or other disj)osition by the Commission or an 
appellate division under section 10323 of this title. 
49 use 10324. 
49 use 10325. 
92 STAT. 1348 
PUBLIC LAW 95-473—OCT. 17, 1978 
49 use 10326. 
Petitions. 
Publication in 
Federal Register. 
Civil action. 
49 use 10327. 
Initial decisions. 
§ 10326. Limitations in rulemaking proceedings related to rail 
carriers 
(a) When, under section 553(e) of title 5, an interested person 
(including a governmental authority) petitions the Interstate Com-
merce Conuiiission to begin a rulemaking proceeding in a matter 
related to a rail carrier providing transportation subject to this 
subtitle, the Commission, or a division, an individual Commissioner, 
an employee board, an employee delegated to act under section 10305 
of this title, or another person authorized to act on behalf of the Com-
mission for any part of the proceeding, shall grant or deny that petition 
by the 120th day after receiving it. If the petition is granted, the 
Commission, or its delegate, shall begin an appropriate proceeding 
as soon as practicable. If the petition is denied, the reasons for the 
denial shall be published in the Federal Register. 
(b)(1) If a petition is denied or action is not taken within the 
120-day period under subsection (a) of this section, the petitioner 
may begin a civil action in an appropriate court of appeals of the 
United States for an order directing the Commission to begin a pro-
ceeding to take the action requested in the petition. A civil action 
under this subsection must be filed by the 60th day after the date of 
the denial or by the 60th day after the end of the 120-day period, 
whichever is appropriate. 
(2) The court of appeals shall order the Commission to begin the 
action requested in the petition to the Commission if the court finds 
that the action requested in that petition is necessary and failure to 
take that action will result in the continuation of practices that are not 
consistent with the public interest or are not in accordance with this 
subtitle. The finding of the court must be based on a preponderance 
of the evidence in the record before the Commission or its delegate, or, 
if the civil action is based on a petition on which action was not 
taken, in a new proceeding before the court. The court may not require 
the Commission to take action under this subtitle other than to begin 
a rulemaking proceeding. 
§ 10327. Commission action and appellate procedure in rail carrier 
proceedings 
(a) Notwithstanding sections 10322, 10323, and 10324(c) of this 
title, this section applies to a matter before the Interstate Commerce 
Commission involving a rail carrier providing transportation subject 
to the jurisdiction of the Commission under subchapter I of chapter 
105 of this title. However, other sections of this subtitle related to 
action of the Commission in proceedings involving rail carriers super-
sede this section to the extent that they are inconsistent with the pro-
visions of this section related to deadlines. 
(b) A division, individual Commissioner, employee board, or em-
ployee delegated under section 10305 of this title to make an initial 
decision in a matter related to one of those rail carriers shall complete 
all evidentiary proceedings related to the matter by the 180th day 
after assignment of the matter. The initial decision shall be submitted 
to the Commission in writing. If evidence is submitted in writing or 
testimony is taken at a public hearing, the initial decision shall be sub-
mitted to the Commission in writing by the 120th day after completion 
of all evidentiary proceedings and shall include— 
(1) specific findings of fact; 
(2) specific and separa,te conclusions of law; 
PUBLIC LAW 95-473^0CT. 17, 1978 
92 STAT. 1349 
(3) an order; and 
(4) justification of the findings of fact, conclusions of law, and 
order. 
(c) The Commission, or a division designated by the Commission, 
may void the requirement of an initial decision under subsection (b) 
of this section and may require the matter to be considered by the Com-
mission or that division on finding that the matter involves a question 
of Commission policy, a new or novel issue of law, or an issue of gen-
eral transportation importance, or that it is required for the timely 
execution of its functions. 
(d) In a proceeding under this section, after the parties have had 
at least an opportunity to submit evidence in written form, the Com-
mission shall give them an opportunity for briefs, written statements, 
or conferences of the parties. A conference of the parties must be 
chaired by a division, an individual Commissioner, an employee board, 
an employee delegated to act under section 10305 of this title, or an 
employee designated by the Commission. 
(e) Copies of an initial decision under subsection (b) of this section 
shall be served on the interested parties. An initial decision becomes 
an action of the Commission on the 20th day after it is served on the 
interested parties, unless— 
(1) an interested party files an appeal during the 20-day period, 
-! 
or by the end of an additional period of not more than 20 days, if 
authorized by the Commission or division designated by the 
Commission; or 
(2) the Commission stays or postpones the initial decision un-
der subsection (g) (2) or (j) of this section within the period or 
additional period referred to in clause (1) of this subsection. 
(f) (1) Before an initial decision becomes an action of the Commis- Review, 
sion, the Commission, or a division or board designated by the Com-
mission, may review the initial decision on its own initiative, and shall 
review an initial decision if an appeal is filed under subsection (e) (1) 
of this section. However, a board may not decide an appeal from an 
initial decision if the appeal may be further appealed to the 
Commission. 
(2) An initial decision may be reviewed on the record on which it 
is based or by a further hearing. If an initial decision is reviewed, it 
shall be stayeid pending final determination of the matter, and it is an 
action of the Commission only after the final determination is made. If 
an appeal is filed under subsection (e) (1) of this section, the final de-
termination shall be made by the 180th day after the appeal is filed. 
(3) Review of, or appeal from, an initial decision shall be conducted 
under section 557 of title 5. The Commission may prescribe rules limit- Rules, 
ing and defining the issues and pleadings on review under section 557 
(b) of that title. 
(g) (1) The Commission may, at any time on its own initiative be-
cause of material error, new evidence, or substantially changed 
circumstances— 
(A) reopen a proceeding; 
(B) grant rehearing, reargument, or reconsideration of an 
action of the Commission; and 
(C) change an action of the Commission. 
An interested party may petition to reopen and reconsider an action of Petition, 
the Commission under this paragraph under regulations of the 
Commission. 
92 STAT. 1350 
PUBLIC LAW 95-473—OCT. 17, 1978 
Extensions. 
Annual report to 
G>ngress. 
(2) The Commission may grant a rehearing, reargument, or recon-
sideration of an action of the Commission that was taken by a division 
designated by the Commission if it finds that— 
(A) the action involves a matter of general transportation 
importance; or 
(B) the action would be affected materially because of clear and 
convincing new evidence or changed circumstances. 
Petition. 
An interested party may petition for rehearing, reargument, or re-
consideration of an action of the Commission under this paragraph 
under regulations of the Commission. The Commission may stay an 
action pending a final determination under this paragraph. The Com-
mission shall complete reconsideration and take final action by the 
120th day after the petition is granted. 
(h) An action of the Commission under this section and an action of 
a designated division under subsection (c) of this section is effective on 
the 30th day after service on the parties to the proceeding unless the 
Commission provides for it to become effective on an earlier date. 
(i) Notwithstanding this subtitle, an action of the Commission 
under this section and an action of a designated division under subsec-
tion (c) of this section is final on the date on which it is served, and a 
civil action to enforce, enjoin, suspend, or set aside the action may be 
filed after that date. 
(j) The Commission may extend a time period established by this 
section for a period of not more than 90 days. The extension shall be 
granted if a majority of the Commissioners agree to it by public vote. 
T'he Commission shall send a written annual report to each House of 
Congress about extensions granted under this subsection. The report 
shall specify each extension granted (classified by the type of proceed-
I- 
ing involved) together with the reasons for and duration of each 
extension. 
(k) If an extension granted under subsection (j) of this section is 
not sufficient to allow for completion of necessary proceedings, the 
Commission may grant a further extension in an extraordinary situa-
tion if— 
(1) at least 7 Commissioners agree to the further extension by 
public vote; and 
(2) not later than the 15th day before expiration of the ex-
tension granted under subsection (j) of this section, the Com-
mission submits a written report to the Congress that a further 
extension has been granted. The report shall include— 
(A) a full explanation of the reasons for the further 
extension; 
.,. 
; 
(B) the anticipated duration of the further extension; 
':• \ • 
(C) the issues involved in the matter before the Commis-
sion; and 
(D) the names of personnel of the Commission working on 
the matter. 
49 use 10328. 
§ 10328. Intervention 
(a) Designated representatives of employees of a carrier may inter-
vene and be heard in a proceeding arising under this subtitle that 
affects those employees. 
(b) Under regulations of the Interstate Commerce Commission, 
• •' '• 
reasonable notice of, and an opportunity to intervene and participate 
in, a proceeding under this subtitle related to transportation subject 
to the jurisdiction of the Commission under subchapter II of chapter 
105 of this title that is, or is proposed to be, provided in a State shall 
PUBLIC LAW 95-473—OCT. 17, 1978 
92 STAT. 1351 
be given to interested persons and to the authority of that State hav-
ing jurisdiction to regulate transportation by motor vehicles in intra-
state commerce on the highways of that State, or, if there is no such 
authority, to the chief executive officer of the State. 
§ 10329. Service of notice in Commission proceedings 
49 USC 10329. 
(a) (1) A common carrier providing transj)ortation subject to the Agent 
jurisdiction of the Interstate Commerce Commission under subchapter designation. 
I of chapter 105 of this title shall designate an agent in the District of 
Columbia, on whom service of notices in a proceeding before, and of 
actions of, the Commission may be made. 
(2) A motor carrier, a broker, a water carrier, or a freight 
forwarder providing transportation or service subject to the juris-
diction of the Commission under subchapter II, III, or IV of chapter 
105 of this title shall designate an agent by name and post office ad-
dress on whom service of notices in a proceeding before, and of actions 
of, the Commission may be made. 
(b) A designation under subsection (a) of this section shall be in 
writing and filed with the Commission. A motor carrier or broker pro-
viding transportation under a certificate or permit issued under this 
subtitle shall also file the designation with the authority of each State 
in which it operates having jurisdiction to regulate transportation by 
motor vehicle in intrastate commerce on the highways oi that State. 
The designation may be changed at any time in the same manner as 
originally made. 
(c) Except as otherwise provided, notices of the Commission shall 
be served as follows: 
(1) A notice of the Commission to a rail, express, sleeping car, 
or pipeline carrier is served on its designated agent at the office 
or usual place of residence in the District of Columbia of that 
agent. A notice of action of the Commission shall be served im-
mediately on the agent or in another manner provided by law. 
If that carrier does not have a designated agent, service may be 
' 
made by posting the notice in the office of the Secretary of the 
Commission. 
(2) A notice to a motor carrier or broker is served personally or 
j by mail on the motor carrier or broker or its designated agent. 
Service by mail on the designated agent is made at the address 
filed for the agent. When notice is given by mail, the date of mail-
ing is considered to be the time when the notice is served. If a 
motor carrier or broker does not have a designated agent, service 
may be made by posting a cop.y of the notice in the office of the 
secretary or clerk of the authority having jurisdiction to regulate 
transportation by motor vehicle in intrastate commerce on the 
' 
highways of the State in which the carrier or broker maintains 
headquarters and in the office of the Secretary of the Commission. 
(3) A notice to a water carrier or freight forwarder is served 
personally or by mail on the water carrier or freight forwarder 
or its designated agent. Service by mail on the designated agent 
is made at the address filed for the agent. When notice is given 
by mail, the date of mailing is considered to be the time when 
notice is served. If a water carrier or freight forwarder does not 
have a designated agent, service may be made by posting the 
notice in the office of the Secretary of the Commission. 
(d) In a proceeding involving the lawfulness of classifications, 
rates, or practices of (1) a rail, express, sleeping car, or pipeline car-
92 STAT. 1352 
PUBLIC LAW 95-473—OCT. 17, 1978 
49 use 10330. 
Agent 
designation. 
rier that has not designated an agent under this section, or (2) a 
freight forwarder, service of notice of the Commission on an attorney 
in fact who filed the tariff for the carrier constitutes service of notice 
on the carrier. 
(e) In a proceeding involving the lawfulness of classifications, rates, 
or practices---
(1) service of notice of the suspension of a tariff oi\ an attorney 
in fact of a carrier or broker, except a freight forwarder, con-
stitutes service of notice on the carrier or broker if that attorney 
filed the tariff and, if the carrier is a water carrier, the notice 
specifies the classifications, rates, or practices involved; and 
(2) service of notice of the suspension of a joint tariff or sched-
ule on a carrier or a broker, except a freight forwarder, that filed 
that tariff or schedule to which another carrier or broker is a party 
and, if the carrier is a water carrier, tlie notice specifies the classifi-
cations, rates, or practices involved, constitutes service of notice 
on all carriers or brokers that are parties to the joint tariff. 
Service of notice under this subsection may be made by mail on that 
attorney or carrier at the address shown in the tariff. 
§ 10330. Service of process in court proceedings 
(a) A common carrier providing transportation subject to the 
jurisdiction of the Interstate Commerce Commission under sub-
chapter I of chapter 105 of this title shall designate an agent in the 
District of Columbia on whom service of process in an action before 
a district court may be made. Except as otherwise provided, process 
in an action before a district court shall be served on the designated 
agent of that carrier at the office or usual place of residence in the 
District of Columbia of that agent. If the carrier does not have a 
designated agent, service may be made by posting the notice in the 
office of the Secretary of the Commission. 
(b) A motor carrier or broker providing transportation subject 
to the jurisdiction of the Commission under subchapter II of chapter 
105 of this title, including a motor carrier or broker operating within 
the United States while providing transportation between places in a 
foreign country or between a place in one foreign country and a place 
in another foreign country, shall designate an agent in each State in 
which it operates by name and post office address on whom process 
issued by a court with subject matter jurisdiction may be served in an 
action brought against that carrier or broker. The designation shall be 
in writing and filed with the Commission and with the authority of 
each State in which the motor carrier or broker operates having 
jurisdiction to regulate transportation by motor vehicle in intrastate 
commerce on the highways of that State. If a designation under this 
subsection is not made, service may be made on any agent of the 
carrier or broker within that State. 
(c) A designation under this section may be changed at any time 
in the same manner as originally made. 
SUBCHAPTER III—JOINT BOAKDS 
49 use 10341. 
§10341. Jurisdiction 
(a) The Interstate Commerce Commission may refer a matter 
related to motor carriers providing, or brokers for, transportation sub-
ject to the jurisdiction of the Commission under subchapter II of chap-
ter 105 of this title, to a joint board established under section 10342 of 
PUBLIC LAW 95-473—OCT. 17, 1978 
92 STAT. 1353 
Post, pp. 1419, 
1425. 
this title for action. When the operation of a motor carrier or broker 
involves not more than 3 States, the Commission shall refer the follow-
ing matters to a joint board for action when an opportunity for a pro-
ceeding is required or when the Commission finds that it is desirable: 
(1^ an application for a certificate, permit, or license. 
(2) a suspension, change, or revocation of a certificate, permit, 
or license. 
(3) an application for approval and authorization of a con-
solidation, merger, or acquisition of control or of an operating 
contract. 
(4) a complaint about a violation by a motor carrier or broker 
of a requirement established under section 10321(a), 10525,11101 
(b), or 11142(b) of this title. 
(5) a complaint about rates of motor carriers or practices of 
brokers. 
(b) Notwithstanding subsection (a) of this sectiori, if the Commis-
sion is prevented by legal proceedings from referring a matter to a 
joint board, the Commission may determine the matter under sub-
chapter II of this chapter. 
§10342. Establishment 
49 USC 10342. 
(a) The Interstate Commerce Commission may establish and abolish 
joint boards as necessary to carry out section 10341 of this title. Except Membership. 
as provided in this section, a joint board is composed of a member from 
each State in which transportation subject to the jurisdiction of the 
-
Commission under subchapter II of chapter 105 of this title is, or is 
proposed to be, provided. The Commission may appoint an individual 
nominated under subsection (b) of this section as a member of a joint 
board. 
(b) The member of a joint board from a State shall be nominated 
by the State authority having jurisdiction to regulate intrastate trans-
portation by motor vehicle on the highways of that State. If there is no 
such authority in that State or if that authority does not nominate a 
member when requested by the Commission, the chief executive officer 
of the State may nominate the member. If both that State authority 
and the chief executive officer of that State do not nominate a member 
when requested, the board is constituted without a member from that 
State if the Commission has appointed members for at least 2 other 
States to the board. 
(c) When a matter required to be referred to a joint board involves 
the operation of a motor carrier in or through a place outside the 
United States, if only one State is involved or if only one State nomi-
nates an individual to be a member of the joint board, that State may 
nominate and the Commission may appoint not more than 3 mem-
bers to the board. 
(d) A substitution in the membership of a joint board may be made 
at any time in the same manner as an initial nomination and appoint-
ment under this section. 
§10343. Powers 
(a) When conducting a proceeding involving a matter referred un-
der section 10341 of this title, a joint board may make an initial deci-
sion under section 10322 of this title. Subchapter II of this chapter 
applies to an initial decision of a joint board. However, a joint board 
may report to the Interstate Commerce Commission its conclusions on 
evidence received without making an initial decision. When a joint 
board makes a report instead of an initial decision, the Commission 
49 USC 10343. 
Report. 
92 STAT. 1354 
PUBLIC LAW 95-473—OCT. 17, 1978 
Waiver. 
49 use 10344. 
Travel expenses. 
Conflict of 
interest, 
prohibition. 
Facilities. 
shall decide the matter. The Commission may consider the conclusions 
of the joint board in making its decision. 
(b) A joint board majr make an initial decision or report of its con-
clusions only by a majority vote. However, if only one member of the 
board participates in the proceeding, that member shall make the 
initial decision alone. 
(c) When a member of a joint board does not participate in a pro-
ceeding referred to that board, after notice of the proceeding, the 
State from which that member was appointed waives its right to act 
in that proceeding. The waiver does not affect the duty or power of 
remaining members of the board to continue the proceeding and make 
an initial decision. 
(d) In addition to decisions made under subsection (a) of this sec-
tion, the Commission shall decide a matter referred to a joint board 
when— 
(1) the authority of each State from which a member of the 
? 
board may be appointed waives action on a matter referred to 
; that board; 
(2) a joint board does not act, or cannot agree, on a matter 
referred to it in 45 days after the matter is referred to it (or in 
r 
another period authorized by the Commission) ; or 
• ^ 
(3) a member is nominated for only one State, except as pro-
vided in section 10342 (c) of this title. 
§ 10344. 
Administration 
(a) Meetings and procedures of joint boards shall be conducted 
under regulations of the Interstate Commerce Commission. The Com-
mission may designate an employee appointed under section 3105 of 
title 5 to advise and assist a joint board, 
(b) When practicable and when directed by the Commission, a 
proceeding involving a matter referred to a joint board shall be held 
at a place in the United States that is convenient to the parties to the 
proceeding. 
(c) The members of joint boards and employees designated to advise 
and assist them under subsection (a) of this section may administer 
oaths, subpena witnesses and the production of records, and take depo-
sitions under section 10321 of this title related to matters referred to 
the boards. 
(d) When carrying out this subtitle, members of joint boards shall 
receive an allowance for travel and subsistence expenses as the Com-
mission shall provide. 
(e) A member of a joint board may not have a pecuniary interest 
in, hold an official relation to, or own securities of, a carrier providing 
transportation by any mode. 
(f) The Administrator of General Services shall assign space and 
facilities in the Interstate Commerce Commission building not re-
quired by the Commission for the use of the national organization 
of the State commissions and their representatives. The space and 
facilities shall be available for the use of joint boards and for mem-
bers and representatives of those boards cooperating with the Commis-
sion or with another department, agency, or instrumentality of the 
United States Government. If suitable space is not available in the 
Interstate Commerce Commission building, the Administrator shall 
assign space in another building in convenient proximity to it. 
PUBLIC LAW 95-473—OCT. 17, 1978 
92 STAT. 1355 
SUBCHAPTER IV—RAIL SERVICES PLANNING OFFICE 
§ 10361. Organization 
The Rail Services Planning Office is an office in the Interstate Com-
merce Commission. 
§10362. Duties 
(a) In this section— 
(1) "avoidable costs of providing transportation", "reasonable 
management fee", "reasonable return on the value", and "revenue 
attributable to the rail properties" have the same meanings as 
they have when used in section 744 of title 45. 
(2) "avoidable cost of providing rail freight transportation" 
has the same meaning as it has when used in section 10905(b) (2) 
(A) of this title. 
(b) The Rail Services Planning Office shall— 
(1) assist the Interstate Commerce Commission in studying and 
evaluating proposals, submitted to the Commission under sub-
chapter III of chapter 113 of this title for a merger, consolidation, 
unification, or coordination project, joint use of tracks or other 
facilities, or acquisition or sale of assets involving a rail carrier 
subject to this subtitle; 
(2) assist the Commission in developing, with respect to eco-
nomic regulation of transportation, policies likely to result in a 
more competitive, energy-efficient, and coordinated transportation 
system using each mode of transportation to its maximum ad-
vantage to meet the transportation needs of the United States; 
(3) assist States and local and regional transportation au-
thorities in deciding whether to provide rail transportation con-
tinuation subsidies to continue in operation particular rail prop-
erties, by establishing criteria for determining whether particular 
rail properties are suitable for rail transportation continuation 
subsidies; 
(4) conduct continuously an analysis of the national rail trans-
portation needs, evaluate the policies, plans, and programs of the 
Commission on the basis of the analysis, and advise the Commis-
sion of the results of the evaluation; 
(5) maintain regulations that contain— 
(A) standards for the computation of subsidies for rail 
passenger service (except passenger transportation compen-
sation disputes subject to the jurisdiction of the Commission 
under section 562(a) of title 45) that are consistent with the 
compensation principles described in the final system plan 
established under the Regional Rail Reorganization Act of 
1973 (87 Stat. 985), as amended, and which avoid cross-
subsidization among commuter, intercity, and freight rail 
transportation; and 
(B) standards for determining emergency commuter rail 
passenger transportation operating payments under section 
1613 of this title; 
(6) maintain, and from time to time revise and republish after 
a proceeding under section 553 of title 5, standards for deter-
mining the revenue attributable to the rail properties, the avoid-
able costs of providing transportation, a reasonable retui'U on the 
value, and a reasonable management fee; 
(7) maintain regulations that— 
49 use 10361. 
49 use 10362. 
Definitions. 
Post, p. 1405. 
Assistance. 
Post, p. 1434. 
Criteria. 
Analysis and 
evaluation. 
Regulations. 
45 u s e 701 note. 
49 u s e 1613. 
92 STAT. 1356 
PUBLIC LAW 95-473—OCT. 17, 1978 
Accounting 
system. 
49 use 10363. 
5 use 5101 et 
seq., 5331. 
49 use 10364. 
>
5
'
*
f 
(A) develop an accounting system permitting the col-
lection and publication by the Consolidated Rail Corpora-
tion or by profitable rail carriers providing transportation 
I, ; 
over lines scheduled for abandonment, of information neces-
sary for an accurate determination of the attributable reve-
nues, avoidable costs, and operations of light density lines as 
operating and economic units: and 
(B) determine the avoidable cost of providing rail freight 
transportation; and 
(8) carry out other duties conferred on the Office by law. 
(c) The criteria referred to in subsection (b) (3) of this section shall 
provide that rail properties are suitable for rail transportation con-
tinuation subsidies if the cost of the required subsidy to the taxpayers 
for the properties each year is less than— 
(1) the cost of termination of rail transportation over the 
properties measured by increased fuel consumption and opera-
tional costs for alternative modes of transportation; 
(2) the cost to the gross national product in terms of reduced 
output of goods and services; 
(3) the cost of relocating or assisting, through unemployment, 
retraining, and welfare benefits, individuals and firms adversely 
affected if the rail transportation is terminated; and 
(4) the cost to the environment measured by damage caused 
by increased pollution. 
(d) The Office may at any time revise and republish the standards 
and regulations required by this section to incorporate changes made 
necessary by the accounting system developed under subsection (b) (7) 
of this section. 
§10363. Director 
(a) The Director is the head of the Rail Services Planning Office 
and is responsible for administering and carrying out the duties of 
the Office. 
(b) The Director is appointed for a term of 6 years by the Chair-
man of the Interstate Commerce Commission with the concurrence of 
at least 5 members of the Commission. The Director may be removed 
by the Commission only for cause. 
(c) The Director is appointed without regard to those provisions 
of title 5 governing appointments in the competitive service and is 
paid without regard to chapter 51 and subchapter ITI of chapter 53 
of title 5. However, the annual rate of basic pay of the Director may 
not exceed the rate for GS-18. 
(d) The Director is subject to the direction of, and shall report to, 
a Commissioner or the Chairman, as designated by the Chairman. 
§ 10364. Powers 
(a) With the concurrence of the Commissioner designated under 
section 10363(d) of this title or, if the Director of the Rail Services 
Planning Office and the Commissioner disagree (and that Commis-
sioner is not the Chairman), with the concurrence of the Chairman of 
the Commission, the Director may enter into agreements or other 
transactions necessary to carry out the duties of the Office. The transac-
tions may be entered into with any person, including a governmental 
authority, and without regard to section 5 of title 41. 
(b) On written request of the Director for assistance, each depart-
ment, agency, and instrumentality of the United States Government 
PUBLIC LAW 95-473~OCT. 17, 1978 
92 STAT. 1357 
shall consider the request, and may furnish assistance the Director con-
siders necessary to carry out the duties of the Office. Assistance may be 
furnished on a reimbursable or nonreimbursable basis. Assistance in-
cludes the transfer of an officer or employee, with the consent, and 
without prejudice to the position and rating, of the officer or employee. 
SUBCHAPTER 
V—OFFICE 
OF 
RAIL 
PUBLIC 
COUNSEL 
§10381. Organization 
The Office of Rail Public Counsel is an independent office affiliated 
with the Interstate Commerce Commission. 
§10382. Duties; standing 
(a) The Office of Rail Public Counsel— 
(1) may petition the Interstate Commerce Conmiission to begin 
a proceeding on a matter within the jurisdiction of the Commis-
sion involving a rail carrier subject to this subtitle; 
(2) may seek judicial review of Commission action on a matter 
involving a rail carrier providing transportation subject to this 
subtitle, to the extent, and on the same basis, that a person may 
seek judicial review; 
(3) shall solicit, study, evaluate, and present before an infor-
' 
niai or formal proceeding of the Commission, the views of those 
J 
communities and users of rail transportation affected by a pro-
ceeding begun by, or pending before, the Commission, when the 
Director of the Office determines, for whatever reason (such as 
size or location), that any such community or user might not 
otherwise be represented adequately at the proceeding; 
(4) shall— 
(A) before the Commission and other departments, agen-
cies, and instrumentalities of the United States Govern] nent 
when the policies and activities of any such department, 
• i n ' 
agency, or instrumentality affect rail transportation subject 
to the jurisdiction of the Commission, evaluate and represent 
the public interest in safe, efficient, reliable, and economical 
rail transportation; and 
(B) assist in constructively representing that public inter-
est by other means; 
(5) in carrying out its duties under clauses (l)-(4) of this 
subsection, shall assist the Commission in developing a public 
interest record in proceedings before the Commission; and 
(6) shall carry out other duties conferred on the Office by law. 
(b) The Office has standing as a party to any informal or formal 
proceeding that is pending or begun before the Commission involving 
a rail carrier providing transportation subject to this subtitle. 
§ 10383. Director 
(a) The Director is the head of the Office of Rail Public Counsel 
and is responsible for administering and carrying out the duties of the 
Office. 
(b) The Director is appointed by the President, by and with the 
advice and consent of the Senate, for a term of 4 years. 
(c) The Director is paid without regard to chapter 51 and sub-
chapter III of chapter 53 of title 5. However, the annual rate of basic 
pay of the Director may not exceed the rate for GS-18. 
49 use 10381. 
49 use 10382. 
49 use 10383. 
5 use 5101 et 
seq., 5331. 
3 CFR 1978 
eomp..p. 236 
5 use 5332 note. 
92 STAT. 1358 
PUBLIC LAW 95-473—OCT. 17, 1978 
49 use 10384. 
§ 10384. Office staff 
The Director of the Office of Kail Public Counsel may— 
(1) appoint and fix the pay of employees of the Office; and 
(2) procure under section 8109 of title 5 the temporary or inter-
mittent services of experts and consultants. 
49 use 10385. 
§ 10385. Powers 
(a) Without regard to section 5 of title 41, the Director of the 
fo.A 
, j . 
Office of Rail Public Counsel may enter into agreements or other 
transactions necessary to carry out the duties of the Office. 
(b) On request of the Director for information, each department, 
agency, and instrumentality of the United States Government may 
furnish the information requested. 
,,;^ . 
H, <
^ 
49 use 10386. 
§ 10386. Reports 
The Director of the Office of Rail Public Counsel shall submit each 
month to the Chairman of the Interstate Commerce Commission a 
report on the activities of the Office for the preceding month. In its 
annual report to Congress, the Commission shall include its evaluation 
and recommendations with respect to the activities, accomplishments, 
and shortcomings of the Office. 
49 use 10387. 
§ 10387. Budget requests and estimates 
The Office of Rail Public Counsel shall submit its budget recjuests 
and budget estimates concurrently to Congress and to the President. 
49 use 10388. 
§ 10388. Authorizations of appropriations 
Not more than $1,000,000 may be appropriated to the Office of Rail 
Public Counsel for the fiscal year ending September 30,1978, to carry 
out this subchapter, 
CHAPTER 105—JURISDICTION 
SITBCILVPTER I—RAIL, RAIL-WATER, EXPRESS, AND 
PIPELINE CARRIER TRANSPORTATION 
Sec. 
10501. General jurisdiction. 
10502. Express carrier transportation. 
lO.'iOS. Railroad and water transportation connections and rates. 
10504. Exempt rail mass transportation. 
, 
10505. Autliority to exempt rail carrier transportation. 
SUBCHAPTER II—MOTOR CARRIER TRANSPORTATION 
10521. General jurisdiction. 
10522. Exempt transportation between Alaslca and other States. 
10523. Exempt motor vehicle transportation in terminal areas. 
. o •
> 
10524. Transportation furthering a primary business. 
10525. Exempt motor carrier transportation entirely in one State. 
10526. Miscellaneous motor carrier transportation exemptions. 
SUBCHAPTER 
III—WATER 
CARRIER 
TRANSPORTATION 
10541. General jurisdiction. 
10542. Exempt bulk transportation. 
' 
10543. Exempt incidental water transportation. 
10544. Miscellaneous water carrier transportation exemptions. 
PUBLIC LAW 95-473—OCT. 17, 1978 
92 STAT. 1359 
SUBCHAPTER IV—FREIGHT FORWARDER SERVICE 
10561. 
10562. General jurisdiction. 
Exempt freight forwarder service. 
SUBCHAPTER I—RAIL, RAIL-WATER, EXPRESS, AND 
PIPELINE CARRIER TRANSPORTATION 
§ 10501. General jurisdiction 
(a) Subject to this chapter and other law, tlie Interetate Com-
inei-ce Commission has jurisdiction over transportation— 
(1) by rail carrier, express carrier, sleeping car carrier, water 
common carrier, and pipeline carrier that is— 
' * 
(A) only by railroad; 
(B) by railroad and water, when the transportation is under 
common control, management, or arrangement for a continu-
ous carriage or shipment; or 
' 
(C) by pipeline or by pipeline and railroad or water when 
transporting a commodity other than water, gas, or oil; and 
(2) to the extent the transportation is in the United States and 
is between a place in— 
(A) a State and a place in another State ; 
(B) the District of Columbia and another place in the Dis-
trict of Columbia; 
(C) a State and a place in a territory or possession of the 
United States; 
(D) a territory or possession of the United States and a 
place in another such territory or possession; 
(E) a territory or possession of the United States and an-
otJier place in the same territory or possession; 
(F) the United States and another place in the United 
States through a foreign country; or 
(G) the United States and a place in a foreign country. 
(b) The Commission does not have jurisdiction under subsection 
(a) of this section over— 
(1) the transportation of passengers or property, or the receipt, 
delivery, storage, or handling of property, entirely in a State 
(other than the District of Columbia) and not transported be-
tween a place in the United States and a place in a foreign coim-
try except as otherwise provided in this subtitle; or 
(2) transportation by a water common carrier when that trans-
r" portation would be sul3Ject to this subchapter only because the 
*' water common carrier absorbs, out of its port-to-port water rates 
or out of its proportional through rates, a switching, terminal, 
lighterage, car rental, trackage, handling, or other charge by a 
rail carrier for services in the switching, drayage, lighterage, or 
corporate limits of a port terminal or district. 
(c) This subtitle 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 
Commission under this subchapter unless the State requirement is 
inconsistent with an order of the Commission issued under this sub-
title or is prohibited under this subtitle. 
49 use 10501. 
92 STAT. 1360 
PUBLIC LAW 95-473—OCT. 17, 1978 
49 u s e 10502. 
49 u s e prec. 1 
note. 
49 use 10503. 
Jursidiction. 
Post, pp. 1402, 
1403, 1407. 
"Proportional 
rates." 
Hearing. 
49 u s e 10504. 
"Local public 
body." 
§ 10502. Express carrier transportation 
The Interstate Commerce Commission has jurisdiction under this 
subchapter, and not under subchapter II or III of this chapter, over 
transportation of an express carrier— 
(1) by motor vehicle, to the extent the transportation was sub-
ject to the jurisdiction of the Commission on September 18, 1940, 
under part I of the Interstate Commerce Act (24 Stat. 379), as 
amended; and 
(2) by water in providing express transportation. 
§ 10503. Railroad and water transportation connections and rates 
(a) When a rail carrier and a water common carrier may or do 
provide jointly, transportation, not entirely in one State from a place 
m the United States to another place in the United States, even if 
part of the transportation is outside the United States, the Interstate 
Commerce Commission has the following jurisdiction over that trans-
portation : 
(1) To establish a physical connection between the railroad 
lines of the rail carrier and the dock at which an interchange is 
. 
to be made, the Commission may— 
(A) require the i-ail carrier to make a suitable connection 
between its lines and tracks that have been constructed from 
the dock to the limits of the railroad right-of-way; 
(B) subject to the same restrictions on findings of public 
convenience and necessity and other matters that are imposed 
on construction under sections 10901, 10902, and 10907 of 
this title, require the rail carrier or water common carrier, 
or both, to construct to the dock at least one track connecting 
with the lines of the rail carrier; 
(C) determine and prescribe the conditions under which 
a connecting track is to be operated; and 
(D) in the construction or operation of the track, deter-
mine the sum to be paid to, or by, either carrier. 
(2) The Commission may— 
(A) prescribe proportional rates, maximum proportional 
rates, minimum proportional rates, or maximum and mini-
mum proportional rates, of a rail carrier to and from the 
ports to which the passengers or property is transported by 
the water common carrier; and 
(B) determine the passengers, property, vessels, and on 
which conditions those rates apply. 
In this paragraph, "proportional rates" means those rates that 
differ from the corresponding local rates to and from a port and 
apply only to passengers or property brought to the port or car-
ried from the port by a water common carrier. 
(b) The Commission may act under this section only after a full 
hearing. An order entered as the result of an action may be conditioned 
on giving security for the payment of an amount of money or the dis-
charge of an obligation that is required to be paid or discharged under 
that order. 
§ 10504. Exempt rail mass transportation 
(a) In this section— 
(1) "local public body"— 
(A) has the same meaning given that term by section 
1608(c) (2) of this title; and 
PUBLIC LAW 95-473—OCT. 17, 1978 
92 STAT. 1361 
(B) includes a person or entity that contracts with the 
local public body to provide transportation services. 
(2) "rail mass transportation" means transportation services 
described in section 1608(c) (6) of this title that are provided by 
rail, 
(b) The Interstate Commerce Commission does not have jurisdic-
tion under this subtitle over rail mass transportation provided by a 
local public body if— 
(1) the Commission would have jurisdiction but for this sec-
tion ; and 
(2) the fares of the local public body, or its authority to apply 
to the Commission for changes in those fares, is subject to the 
approval or disapproval of the chief executive officer of the State 
in which the transportation is provided. 
§ 10505. Authority to exempt rail carrier transportation 
(a) In a matter related to a rail carrier providing transportation 
subject to the jurisdiction of the Interstate Commerce Commission 
under this subchapter, the Commission shall exempt a person, class of 
persons, or a transaction or service because of the limited scope of 
the transaction or service, when the Commission finds that the appli-
cation of a provision of this subtitle— 
(1) is not necessary to carry out the transportation policy of 
section 10101 of this title; 
(2) would be an unreasonable burden on a person, class of 
persons, or interstate and foreign commerce; and 
(3) would serve little or no useful public purpose. 
(b) The Commission may begin a proceeding under this section on 
its own initiative or on application by the Secretary of Transporta-
tion or an interested party. The Commission may specify the period 
of time during which the exemption is effective. 
(c) The Commission may revoke an exemption, to the extent it 
specifies, when it finds that application of a provision of this subtitle to 
the person, class, or transportation is necessary— 
(1) to carry out the transportation policy of section 10101 of 
this title; 
(2) to achieve effective regulation by the Commission; and 
(8) to serve a useful public purpose. 
(d) The Commission may act under this section only after an 
opportunity for a proceeding. 
"Rail mass 
transportation.' 
49 use 1608. 
Jursidiction. 
49 u s e 10505. 
Ante, p. 1337. 
Revocation. 
SUBCHAPTEE II—MOTOR CARRIER TRANSPORTATION 
§ 10521. General jurisdiction 
(a) Stibject to this chapter and other law, the Interstate Com-
merce Commission has jurisdiction over transportation by motor car-
rier 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 pos-
session of the United States to the extent the transportation 
is in the United States ; 
49 use 10521. 
39-194 O—80—pt. 2 
6 : QL3 
92 STAT. 1362 
PUBLIC LAW 95-473—OCT. 17, 1978 
(D) the United States and another place in the United 
States through a foreign country to the extent the transpor-
tation 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 high 
way. 
. , 
(b) This subtitle does not— 
(1) affect the power of a State to regulate intrastate trans-
portation provided by a motor carrier; 
(2) authorize the Coniinission to prescribe or regulntc a rate 
.. 
for intrastate transportation provided by a motor carrier; 
(3) allow a motor carrier to provide intrastate transportation 
on the highways of a State; or 
Post, p. 1446. 
(4) except as provided in section 11504(b) of this title, affect 
the taxation power of a State over a motor carrier. 
49 use 10522. 
§ 10522. Exempt transportation between Alaska and other States 
To the extent that transportation by a motor cai'riei' between a place 
in Alaska and a place in another State under section 10521 of this title 
is provided in a foreign country— 
(1) the Interstate Commerce Commission does not have juris-
•: diction to impose a requirement over conduct of the motor carrier 
in the foreign country conflicting with a requirement of that 
1 , country; but 
(2) the motor carrier, as a condition of providing transportation 
in the United States, shall comply, with respect to all transporta-
tion provided between Alaska and the other State, with the re-
quirements of this subtitle related to rates and practices applicable 
to the transportation. 
49 use 10523. 
§ 10523. Exempt motor vehicle transportation in terminal areas 
(a) (1) The Interstate Commerce Commission does not have juris-
diction under this subchapter over transportation by motor vehicle 
provided in a terminal area when the transportation— 
(A) is a transfer, collection, or delivery; 
(B) is provided by— 
(i) a rail carrier subject to the jurisdiction of the Commis-
sion under subchapter 1 of this chapter; 
(ii) a water carrier subject to the jurisdiction of the Com-
mission under subchapter III of this chapter; or 
(iii) a freight forwarder subject to the jurisdiction of the 
Commission under subchapter IV of this chapter; and 
(C) is incidental to transportation provided by the carrier or 
service provided by the freight forwarder that is subject to the 
jurisdiction of the Commission under any of those subchapters. 
(2) Transportation exempt from the jurisdiction of the Commission 
under paragraph (1) of this subsection is subject to the jurisdiction 
of the Commission under subchapter I of this chapter when pr-ovided 
by such a rail carrier, under subchapter III of this chapter when 
provided by such a Avater carrier, and under subchapter IV of this 
chapter when provided by such a freight forwarder. 
(b) (1) Except to the extent provided in paragraph (2) of this sub-
section, the Commission does not have jurisdiction under this sub-
chapter over transportation by motor vehicle provided in a terminal 
area when the ti*ansportation— 
(A) is a transfer, collection, or delivery; and 
PUBLIC LAW 95-473—OCT. 17, 1978 
92 STAT. 1S63 
(B) is provided by a person as an agent or under other arrange-
ment for— 
s 
(i) a rail carrier or express carrier subject to the jurisdic-
tion of the Commission under subchapter I of this chapter; 
(ii) a motor carrier subject to the jurisdiction of the Com-
mission under this subchapter; 
(iii) a water carrier subject to the jurisdiction of the Com-
mission under subchapter III of this chapter; or 
(iv) a freight forwarder subject to the jurisdiction of the 
Commission under subchapter IV of this chapter. 
(2) Transportation exempt from the jurisdiction of the Commission 
unaer paragraph (1) of this subsection is considered transportation 
provided by the carrier or service provided by the freight forwarder 
for whom the transportation was provided and is subject to the juris-
diction of the Commission under subchapter I of this chapter when 
provided for such a rail carrier or express carrier, under this sub-
chapter when provided for such a motor carrier, under subchapter 
III of this chapter when provided for such a water carrier, and under 
subchapter IV of this chapter when provided for such a freight 
forwarder. 
§ 10524. Transportation furthering a primary business 
The Interstate Commerce Commission does not have jurisdiction 
under this subchapter over the transportation of property by motor 
vehicle when— 
(1) the property is transported by a person engaged in a busi-
ness other than transportation; and 
(2) the transportation is within the scope of, and furthers a 
primary business (other than transportation) of the person. 
§ 10525. Exempt motor carrier transportation entirely in one State 
(a) The Interstate Commerce Commission shall exempt transporta-
tion of a motor carrier subject to the jurisdiction of the Commission 
under this subchapter from compliance with this subtitle when— 
(1) the motor carrier provides transportation entirely in one 
State; and 
(2) the Commission finds that the nature or quantity of trans-
portation provided by the motor carrier does not substantially 
affect or impair uniform regulation by the Commission of motor 
carrier transportation in carrying out the transportation policy 
of section 10101 of this title. 
(b) The Commission may begin a proceeding under this section on 
its own initiative or on application of a motor carrier, a State au-
thority having jurisdiction to regulate intrastate transportation by 
motor vehicle on the highways of that State, or an interested party. 
An application must be under oath and must contain information 
required by Commission regulation. The Commission may exempt the 
transportation by motor carrier or class of motor carriers. When an 
exemption is granted, the Commission shall issue a certificate of ex-
emption describing the conditions required by the public interest under 
which the certificate is issued. 
(c). When an application for exemption is accompanied by a cer-
tificate of the authority of the State in which the applicant provides 
transportation stating the finding of the State authority that the ap-
plicant is entitled to a certificate of exemption under this section, the 
exemption is effective on the 60th day after the application is filed with 
the Commission unless the Commission denies the application before 
49 use 10524. 
49 US^ 10525. 
Ante, p. 1337. 
Proceedings. 
Exemption 
certificate. 
92 STAT. 1364 
PUBLIC LAW 95-473—OCT. 17, 1978 
Revocation. 
Ante, p. 1337. 
49 use 10526. 
that date. If not denied before that date, the exemption remains 
effective until the Commission thereafter denies or revokes it. 
(d) The Commission may revoke any part of an exemption granted 
under this section when it finds that tlie nature or quantity of the 
transportation by the motor carrier or class of motor carriers is, or is 
likely substantially to affect or impair uniform regulation by the 
Commission of motor carrier transportation in carrying out the trans-
portation policy of section 10101 of this title. If the exemption is 
revoked, the Commission shall restore without further proceedings 
the authority any such motor carrier had to provide transportation 
subject to the jurisdiction of the Commission under this subchapter 
at the time the exemption was effective. 
(e) State regulation of the operations of a motor carrier covered by 
an exemption under this section is not a burden on interstate or 
foreign commerce. 
§10526. Miscellaneous motor carrier transportation exemptions 
(a) The Interstate Commerce Commission does not have jurisdic-
tion under this subchapter over— 
(1) a motor vehicle transporting only school children and 
teachers to or from school; 
(2) a motor vehicle providing taxicab service and having a 
' 
capacity of not more than 6 passengers and is not operated on a 
' ' regular route or between specified places; 
(3) a motor vehicle owned or operated by or for a hotel and 
^ 
oidy transporting hotel patrons between the hotel and the local 
station of a common carrier; 
(4) a motor vehicle controlled and operated by a farmer and 
transporting— 
,'., 
(A) the farmer's agricultural or horticultural commodi-
ties and products; or 
/_ 
(B) supplies to the farm of the farmer; 
(5) a motor vehicle controlled and operated by a cooperative 
association (as defined by section 1141j(a) of title 12) or by a 
' * federation of cooperative associations if the federation has no 
greater power or purposes than a cooperative association, except 
that if the cooperative association or federation provides trans-
portation for compensation between a place in a State and a place 
in another State, or between a place in a State and another place 
in the same State through another State— 
(A) for a nonmember that is not a farmer, cooperative 
association, federation, or the United States Government, the 
transportation (except for transportation otherwise exempt 
under this subchapter} — 
(i) shall be limited to transportation incidental to the 
primary transportation operation of the cooperative as-
sociation or federation and necessary for its effective 
performance; 
(ii) may not exceed in each fiscal year 15 percent of the 
total transportation of the cooperative association or fed-
eration between those places, measured by tonnage; and 
(iii^ shall be provided only after the cooperative as-
sociation or federation notifies the Commission of its 
intent to provide the transportation; and 
(B) the transportation for all nonmembers may not exceed 
in each fiscal year, measured by tonnage, the total transporta-
PUBLIC LAW 95-473—OCT. 17, 1978 
92 STAT. 1365 
tion between those places for the cooperative association or 
federation and its members during that fiscal year; 
(6) a motor vehicle carrying, for compensation, only property 
and that property consists of — 
(A) ordinary livestock; 
(B) agricultural or horticultural commodities (other than 
manufactured products thereof); 
(C) commodities listed as exempt in the Commodity List 
incorporated in ruling numbered 107, March 19,1958, Bureau 
of Motor Carriers, Interstate Commerce Commission, other 
than frozen fruits, frozen berries, frozen vegetables, cocoa 
beans, coffee beans, tea, bananas, or hemp, or wool imported 
T 
from a foreign country, wool tops and noils, or wool waste 
.. 
(carded, spun, woven, or knitted) ; and 
(D) cooked or uncooked fish, whether breaded or not, or 
frozen or fresh shellfish, other than fish or shellfisli that 
have been treated for preserving, such as canned, smoked, 
pickled, spiced, corned, or kippered products; 
(7) a motor vehicle used only to distribute newspapers; 
(8) transportation by motor vehicle incidental to transportation 
by aircraft; or 
(9) the operation of a motor vehicle in a national park or 
national monument. 
(b) Except to the extent the Commission finds it necessary to exercise 
jurisdiction to carry out the transportation policy of section 10101 of 
this title, the Commission does not have jurisdiction under this sub- ^«*e. P- 1337. 
chapter over— 
(1) transportation provided entirely in a nuniicipality, iji con-
tiguous municipalities, or in a zone that is adjacent to, and com-
mercially a part of, the municipality or municipalities, except— 
(A) when the transportation is under common control, 
management, or arrangement for a continuous carriage or 
shipment to or from a place outside the municipality, munici-
palities, or zone; or 
(B) that in transporting passengers over a route between a 
place in a State and a place in another State, or between a 
place in a State and another place in the same State through 
another State, the transportation is exempt from the jurisdic-
tion of the Commission only if the motor carrier operating 
the motor vehicle also is lawfully providing intrastate 
transportation of passengers over the entire route under the 
laws of each State through which the route runs; 
(2) transportation by motor vehicle provided casnally, oc-
casionally, or reciprocally but not as a regular occupation or busi-
ness, except when a broker or other person sells or offers for sale 
passenger transportation provided by a person authorized to 
transport passengers by motor vehicle under an application pend-
ing, or certificate or permit issued, under this subtitle; or 
(3) the emergency towing of an accidentally wrecked or dis-
abled motor vehicle. 
SUBCHAPTER III—WATER CARRIER TRANSPORTATION 
§10541. General jurisdiction 
49 USC10541. 
(a) Subject to this chapter and other law, the Interstate Com-
merce Commission has jurisdiction over transportation insofar as 
water carriers are concerned— 
92 STAT. 1366 
PUBLIC LAW 95-473—OCT. 17, 1978 
(1) by water carrier between a place in a State and a place 
in another State, even if part of the transportation is outside the 
United States; 
(2) by water carrier and rail carrier or motor carrier from 
a place in a State to a place in another State, except that if part 
of the transportation is outside the United States, the Commis-
sion only has jurisdiction over that part of the transportation 
provided— 
(A) by rail carrier or motor carrier that is in the United 
States; and 
(B) by water carrier that is from a place in the United 
States to another place in the United States; and 
(3) by water carrier or by water carrier and rail carrier or 
motor carrier between a place in the United States and a place 
outside the United States, to the extent that— 
(A) when the transportation is by rail carrier or motor 
carrier, the transportation is provided in the United States; 
(B) when the transportation is by water carrier to a place 
outside the United States, the transportation is provided by 
water carrier from a place in the United States to another 
place in the United States before transshipment from a place 
in the United States to a place outside the United States; 
and 
(C) when the transportation is by water carrier from a 
place outside the United States, the transportation is pro-
vided by water carrier from a place in the United States to 
another place in the United States after transshipment to a 
place in the United States from a place outside the United 
States. 
(b) If transportation by a carrier would be subject to the jurisdic-
tion of the Commission under both subsection (a) of this section and 
subchapter I of this chapter, then that transportation is subject to 
the jurisdiction of the Commission under subsection (a) of this sec-
tion. However, that transportation is also subject to the jurisdiction 
of the Commission under subchapter I of this chapter to the extent 
that this subtitle imposes requirements on transportation by carriers 
subject to the jurisdiction of the Commission under subchapter I that 
are not imposed on transportation by carriers subject to the jurisdic-
tion of the Commission under subsection (a) of this section. 
(c) This subtitle does not— 
(1) affect the power of a State to regul ate intrastate transporta-
tion provided by a water carrier; or 
(2) authorize the Commission to prescribe or regulate a rate for 
intrastate transportation by a water carrier. 
49 use 10542. 
§ 10542. Exempt bulk transportation 
(a) (1) The Interstate Commerce Commission does not have juris-
diction under this subchapter over transportation by a water carrier 
of commodities in bulk that, under an existing custom of the trade in 
the handling and transportation of commodities in bulk as of June 1, 
1939— 
(A) are loaded and carried without wrappers or containers; 
- 
and 
(B) are received and delivered by the carrier without trans-
portation mark or count. 
PUBLIC LAW 95-473—OCT. 17, 1978 
92 STAT. 1367 
(2) This subsection does not apply to transportation subject to 
chapter 23A of title 46 on September 18,1940. 
(b) The Commission does not have jurisdiction under this sub-
chapter over transportation by a water contract carrier of commodi-
ties in bulk in a non-oceangoing vessel on a normal voyage during 
which— 
(1) the cargo space of the vessel is used for carrying not more 
than 3 commodities in bulk; and 
(2) the vessel passes in or through waters that are interna-
tional for navigational purposes by a treaty to which the United 
States is a party. 
(c) The Commission does not have jurisdiction under this sub-
chapter over transportation by water carrier of liquid cargoes in 
bulk in tank vessels— 
J. 
(1) designed exclusively for transporting such a cargo; and 
(2) certified under regulations of the Secretary of Transpor-
tation under section 391a of title 46. 
§ 10543. Exempt incidental water transportation 
(a) (1) The Interstate Commerce Commission does not have juris-
diction under this subchapter when the transportation— 
(A) (i) is provided in a terminal area and is a transfer, col-
lection, or delivery; or 
Hi) is flotage, car ferrying, lighterage, or towage; 
(B) is provided by— 
(i) a rail carrier subject to the jurisdiction of the Com-
mission under subchapter I of this chapter; or 
(ii) a motor carrier subject to the jurisdiction of the Com-
• 
mission under subchapter II of this chapter; and 
(C) is incidental to transportation provided by the carrier 
subject to the jurisdiction of the Commission under either of those 
subchapters. 
(2) Transportation exempt from the jurisdiction of the Commis-
sion under paragraph (1) of this subsection is subject to the jurisdic-
tion of the Commission under subchapter I of this chapter when pro-
vided by such a rail carrier and under subchapter II of this chapter 
when provided by such a motor carrier. 
(b) (1) Except to the extent provided in paragraph (2) of this 
subsection, the Commission does not have jurisdiction under this 
subchapter over transportation by water when the transportation— 
(A) (i) is provided in a terminal area and is a transfer, col-
lection, or delivery; or 
' 
(ii) is flotage, car ferrying, lighterage, or towage; and 
(B) is provided by a person as an agent or under other ar-
rangement for— 
(i) a rail carrier or express carrier subject to the jurisdic-
'
< 
tion of the Commission under subchapter I of this chapter; 
(ii) a motor carrier subject to the jurisdiction of the 
*c; /.'5 
Commission under subchapter II of this chapter; or 
(iii) a water carrier subject to the jurisdiction of the 
Commission under this subchapter. 
(2) Transportation exempt from the jurisdiction of the Commis-
sion under paragraph (1) of this subsection is considered trans-
portation provided by the carrier for whom the transportation was 
provided and is subject to the jurisdiction of the Commission under 
subchapter I of this chapter when provided for such a rail carrier 
46 use 843 et 
seq. 
49 use 10543. 
92 STAT. 1368 
PUBLIC LAW 95-473—OCT. 17, 1978 
49 use 10544. 
Ante, p. 1337. 
Proceeding. 
Conditions. 
Proceeding. 
46 use 801 et 
seq., 843 et seq. 
or express carrier, under subchapter I I of this chapter when provided 
for such a motor carrier, and under this subchapter when provided 
for such a water carrier. 
§ 10544. Miscellaneous water carrier transportation exemptions 
(a) Except to the extent the Interstate Commerce Commission finds 
it necessary to exercise jurisdiction to carry out the transportation 
policy of section 10101 of this title, the Commission does not have juris-
diction under this subchapter over transportation by water carrier 
when the transportation is provided— 
(1) entirely in one harbor or between places in contiguous har-
bors, other than transportation under common control, manage-
, 
ment, or arrangement for a continuous carriage or shipment to or 
from a place outside the limits of the harbor or the contiguous 
harbors; 
(2) by a vessel of not more than 100 tons carrying capacity oi 
100 indicated horsepower; 
(3) by a vessel carrying only passengers and equipped to carry 
not more than 16 passengers; 
(4) by a ferry; 
(5) by a water carrier transporting equipment of contractors 
used, or to be used, in construction or repair for the water carrier; 
or 
(6) to carry out salvage operations. 
(b) The Commission may exempt from its jurisdiction under this 
subchapter the transportation of passengers between places in the 
United States through a foreign port when the Commission finds its 
jurisdiction is not necessary to carry out the transportation policy 
of section 10101 of this title. The Commission may begin a proceed-
ing under this subsection on its own initiative or on application of an 
interested party. 
(c) The Commission shall exempt from its jurisdiction under this 
subchapter the transportation of commodities by water contract car-
rier when the Commission finds that the transportation is not actually 
and substantially competitive with transportation provided by a car-
rier subject to the jurisdiction of the Commission under subchapter I 
or II of this chapter because of the inherent nature of the commodities 
transported, their requirement of special equipment, or their shipment 
in bulk. The Commission may prescribe conditions applicable to an 
exemption under this subsection. The Commission may begin a pro-
ceeding under this subsection on application of a water contract 
carrier. 
(d) (1) The Commission does not have jurisdiction under this sub-
title over transportation by a water common carrier provided be-
tween the 48 contiguous States and Alaska if, before January 3,1959— 
(A) the carrier provided that transportation, was also a 
motor common carrier, and has continued to provide the trans-
portation since before that date; and 
(B) the transportation was subject to chapters 23 and 23A of 
title 46. 
(2) The transportation remains subject to the jurisdiction of the 
Federal Maritime Commission. 
(e) The Commission shall exempt the transportation of property on 
a vessel furnished by a water contract carrier to a person not a carrier 
providing transportation or service subject to the jurisdiction of the 
Commission under this subtitle when the person uses the vessel to trans-
PUBLIC LAW 95-473—OCT. 17, 1978 
92 STAT. 1369 
Ante, p. 1337. 
Proceeding, 
Exemption 
certificate. 
port its own property and the Commission finds its jurisdiction is not 
necessary to carry out the transportation policy of section 10101 of 
this title. The Commission may begin a proceeding under this sec-
tion on its own initiative or on application of an interested party. 
The Commission may exempt the transportation by person or class of 
persons. The Commission shall specify the period of time during 
which the exemption is effective. The Commission may revoke the ex-
emption when it finds that its jurisdiction over the transportation of 
the property is necessary to carry out the transportation policy of 
section 10101. The Commission may deny or i-evoke an exemption 
only after an opportunity for a proceeding. 
(f) (1) The Commission shall exempt the transportation of property 
by a water carrier under this subchapter when the Commission finds 
that the carrier is transporting only the property of a person owning 
substantially all of the voting stock of the carrier. When an exemp-
tion is granted, the Commission shall issue a certificate of exemp-
tion. The Commission may begin a proceeding under this subsection Proceeding, 
on its own initiative or on application of an interested party. 
(2) The Commission may revoke an exemption granted under this Revocation. 
subsection when it finds the water carrier is no longer- entitled to the 
exemption. If the exemption is revoked, the Conunission shall re-
store without further proceedings the authority the water carrier had 
to provide transportation subject to the jurisdiction of the Commis-
sion under this subchapter at the time the exemption became effective. 
SUBCHAPTEK IV—FREIGHT FORWARDER SERVICE 
§ 10561. General jurisdiction 
49 USC 10561. 
(a) Subject to this chapter and other law, the Interstate Commerce 
Commission has jurisdiction over service that a freight forwarder— 
(1) undertakes to provide; or 
(2) is authorized or required under this subtitle to provide; 
to the extent transportation is provided in the United States and 
is between— 
(A) a place in a State and a place in another State, even if 
part of the transportation is outside the United States; 
(B) a place in a State and another place in the same State 
through a place outside the State; or 
(C) a place in the United States and a place outside the 
United States. 
(b) The Commission does not have jurisdiction under subsection 
(a) of this section over service undertaken by a freight forwarder 
using transportation— 
(1) of an air carrier subject to chapter 20 of this title; or 
49 USC 1301 et 
(2) by motor vehicle exempt under section 10526(a) (8) of this ^«^-
title. 
§ 10562. Exempt freight forwarder service 
49 USC 10562. 
The Interstate Commerce Commission does not have jurisdiction 
under this subchapter over— 
(1) service provided by, or under the direction of, a coopera-
tive association (as defined by section 1141j (a) of title 12) or by 
a federation of cooperative associations if the federation has no 
greater power or purposes than a cooperative association; 
(2) service subject to the jurisdiction of the Commission and 
provided with respect to only one of the following categories: 
92 STAT. 1370 
PUBLIC LAW 95-473—OCT. 17, 1978 
I 
(A) ordinary livestock; 
(B) fish (including shellfish); 
(C) agricultural or horticultural commodities (other than 
manufactured products thereof); or 
(D) used household goods; 
(3) the service of a shipper or a group of shippers in consoli-
dating or distributing freight on a nonprofit basis, for the shipper 
or members of the group to secure carload, truckload, or otner 
volume rates; or 
(4) the service of an agent of a shipper in consolidating or 
distributing pool cars when the service is provided for the snip-
; per only in a terminal area in which the service is performed. 
CHAPTER 107—RATES, TARIFFS, AND VALUATIONS 
SUBCHAPTEE I—GENEKAL AUTHORITY 
Sec. 
10701. 
Standards for rates, classifications, through routes, rules, and practices. 
10702. Authority for carriers to establish rates, classifications, rules, and 
practices. 
10703. Authority for carriers to establish through routes. 
10704. Authority and criteria: rates, classifications, rules, and practices pre-
scribed by Interstate Commerce Commission. 
10705. Authority: through routes, joint classifications, rates, and divisions pre-
scribed by Interstate Commerce Commission. 
10706. Rate agreements: exemption from antitrust laws. 
10707. Investigation and suspension of new rail carrier rates, classifications, 
rules, and practices. 
10708. Investigation and suspension of new nonrail carrier rates, classlfica-
, , , 
tioiis. rules, and practices. 
' 
' 
' 
10709. Determination of market dominance in rail carrier rate proceedings. 
10710. Elimination of discrimination against recyclable materials. 
10711. Effect of certain sections on rail rates and practices. 
SUBCHAPTER II—SPECIAL CIRCUMSTANCES 
10721. Government traffic. 
10722. Special passenger rates. 
10723. Charitable purposes. 
-' 
10724. Emergency rates. 
10725. 
Special freight forwarder rates. 
10726. Long and short haul transportation. 
10727. Demand-sensitive rates. 
' 
10728. Separate rates for distinct rail services. 
. * -
10729. Rail carriers; incentive for capital investment. 
10730. Rates and liability based on value. 
10731. Investigation of discriminatory rail rates for transportation of recyclable 
or recycled materials. 
'''• -•' ^* 
- 
SUBCHAPTER III—LIMITATIONS 
10741. Prohibitions against discrimination by common carriers. 
;.; 
- j 
10742. Facilities for interchange of traffic. 
• ^ 
10743. Payment of rates. 
10744. Liability for payment of rates. 
10745. Continuous carriage of freight. 
10746. Transportation of commodities manufactured or produced by a rail 
carrier. 
10747. Transportation services or facilities furnished by shipper. 
10748. Transportation of livestock by rail carrier. 
10749. Exchange of services and limitation on use of common carriers by 
freight forwarders. 
10750. Demurrage charges. 
3 ^---.S^ " " ^^^jfH^'S^ 
PUBLIC LAW 95-473—OCT. 17, 1978 
92 STAT. 1371 
SUBCHAPTEK IV—TAEIFFS AND TRAFFIC 
10761. 
Transportation prohibited without tariff. 
10762. General tariff requirements. 
10763. Designation of certain routes by shippers or Interstate Commerce 
Commission. 
10764. Arrangements between carriers : copy to be filed with Interstate Com-
merce Commission. 
10765. Water transportation under arrangements with certain other carriers. 
10766. Freight forwarder traffic agreements. 
SUBCHAPTEK V—VALUATION 
OF PROPERTY 
10781. 
Investigation and report by Interstate Commerce Commission. 
10782. 
Ite(iuirements for establisliing value. 
10783. 
Cooperation and assistance of carriers. 
10784. Revision of property valuations. 
10785. Finality of valuation: notice, protest, and review. 
10786. 
Applicability. 
SUBCHAPTER I—GENERAL AUTHORITY 
,: 
§ 10701. Standards for rates, classifications, through routes, rules, 49 USC 10701. 
and practices 
(a) A rate, classification, rule, or practice related to transportation 
or service provided by a carrier subject to the jurisdiction of the Inter-
state Commerce Commission under chapter 105 of this title must be 
reasonable. A through route established by such a carrier must be 
reasonable. Divisions of joint rates by those carriers must bo made 
without unreasonable discrimination against a participating carrier 
and must be reasonable. 
(b) (1) A rate for transportation provided by a rail carrier subject 
to the jurisdiction of the Commission under subchapter I of chapter 
105 of this title that contributes, or would contribute, to the going 
concern value of that carrier does not violate subsection (a) of this 
section because it is below a reasonable minimum rate for the service 
rendered or to be rendered. This subsection does not prohibit increas- Rate increases, 
in^ a rate to a level that contributes to the going concern value of a 
rail carrier if the increase is otherwise reasonable. The increased rate 
is presumed reasonable if it does not exceed the incremental costs of 
rendering the transportation to which the increase applies. 
(2) (A) A rate for transportation by a rail carrier that equals 
or exceeds the variable costs of providing the transportation is pre-
sumed to contribute to the going concern value of the rail carrier pro-
posing the rate. However, the presumption may be rebutted by clear 
and convincing evidence. 
(B) Variable and incremental costs shall be determined under 
formulas prescribed by the Commission. However, when making a 
determination of variable costs, the Commission shall, on application 
of the rail carrier proposing the rate, determine only the costs of that 
carrier and only those costs of the specific service in question unless 
the specific information is not available. The Commission may not 
include in variable costs an expense that does not vary directly with 
the level of transportation provided under the proposed rate. 
(_c) A_ common carrier providing transportation subject to the Nondiscrimina-
juiisdiction of the Commission under subchapter I or ITT of chapter tion. 
105 of this title may not discriminate in its rates against a connecting 
line of another carrier providing transportation subject to the juris-
92 STAT. 1372 
PUBLIC LAW 95-473—OCT. 17, 1978 
Post, p. 1402. 
49 use 10702. 
Filing. 
Relief. 
Ante, p. 1337. 
Proceeding. 
49 use 10703. 
diction of the Commission under either of those subchapters or un-
reasonably discriminate against that line in the distribution of traffic 
that is not routed specifically by the shipper. 
(d) In a proceeding to determine whether a rate for transportation 
or service provided by a common carrier subject to the jurisdiction of 
the Commission under subchapter II, III, or IV of chapter 105 of 
this title complies with subsection (a) of this section, the good will, 
earning power, or certificate or permit under which that carrier is 
operating may not be considered or admitted as evidence of the value 
of the property of that carrier. When the carrier receives a certificate 
or permit under chapter 109 of this title, it is considered to have agreed 
to this subsection for itself and for all transferees of that certificate 
or permit. 
§ 10702. Authority for carriers to establish rates, classifications, 
rules, and practices 
(a) A common carrier providing transportation or service subject 
to the jurisdiction of the Interstate Commerce Commission under 
chapter 105 of this title shall establish— 
(1) rates, including divisions of joint rates, and classifications 
for transportation and service it may provide under this subtitle; 
and 
(2) rules and practices on matters related to that transporta-
tion or service, including rules and practices on— 
(A) issuing tickets, receipts, bills of lading, and mani-
fests; 
(B) carrying of baggage; 
(C) the manner and method of presenting, marking, 
packing, and delivering property for transportation; and 
(D) facilities for transportation. 
(b) A contract carrier providing transportation subject tx) the ju-
risdiction of the Commission under chapter 105 of this title shall estab-
lish, and file with the Commission, actual and minimum rates for 
the transportation it may provide under this subtitle and rules and 
practices related to those rates. However, this subsection does not 
require a motor contract carrier to maintain the same rates and rules 
related to those rates for the same transportation provided to shippers 
served by it. The Commission may grant relief from this subsection 
when relief is consistent with the public interest and the transporta-
tion policy of section 10101 of this title. The Commission may begin a 
proceeding under this subsection on application of a contract carrier 
or group of contract carriers or on its own initiative for a water con-
tract carrier or group of water contract carriers. 
§ 10703. Authority for carriers to establish through routes 
(a) A carrier providing transportation subject to the jurisdiction of 
the Interstate Commerce Commission under chapter 105 of this title 
shall establish through routes as follows: 
(1) Eail, express, sleeping car, and pipeline carriers shall 
establish through routes with each other and shall establish 
rates and classifications applicable to those routes. 
(2) Eail and water common carriers shall establish through 
routes with each other and shall establish rates and classifications 
applicable to those routes. 
(3) A motor common carrier of passengers shall establish 
through routes with other carriers of the same type and shall 
establish individual and joint rates applicable to them. 
PUBLIC LAW 95-473—OCT. 17, 1978 
92 STAT. 1373 
(4) (A) A motor common carrier of property may establisli 
through routes and joint rates and classifications applicable to 
them with other carriers of the same type, with rail and express 
carriers, and with water common carriers, including those re-
ferred to in subparagraph (D) of this paragraph. 
(B) A motor common carrier of passengers may establish 
through routes and joint rates applicable to them with rail carriers 
or water common carriers, including those referred to in subpara-
graph (D) of this paragraph, or both. 
(C) Water common carriers shall establish through routes with 
each other and shall establish rates and classifications applicable 
to those routes and may establish— 
(i) through routes and rates and classifications applicable 
to them with motor common carriei'S; and 
(ii) through routes and joint rates and classifications appli-
cable to them with water common carriers refen-ed to in sub-
paragraph (D) (ii) of this paragraph. 
„ 
(D) A through route or joint rate or classification authorized to 
be established with a carrier referred to in this subparagraph 
may be established with a water common carrier pi'oviding trans-
portation subject to— 
(i) the jurisdiction of the Commission under subchaptei' 
III of chapter 105 of this title; or 
(ii) section 801 or sections 843-848 of title 46 (including 
persons holding themselves out to transport goods by water 
but not OAvning or operating vessels) and providing trans-
portation of property between Alaska or- Hawaii and the 
other 48 States. 
A through route and a rate, classification, rule, or practice related 
to a through route with a water common carrier referred to in 
, 
this subparagraph is subject to the provisions of this subtitle 
governing the type of carrier establishing the rate, classification, 
rule, or practice, 
(b) A carrier providing transportation subject to the jurisdiction Operating rules, 
of the Commission under subchapter I or III of chapter 105 of 
this title that establishes a through route with another carrier under 
this section shall establish rules for its operation and provide— 
(1) reasonable facilities for operating the through route; and 
(2) reasonable compensation to persons entitled to compensa-
tion for services related to the through route. 
§ 10704. Authority and criteria: rates, classifications, rules, 49 USC10704. 
and practices prescribed by Interstate Commerce 
Commission 
(a)(1) When the Interstate Commerce Commission, after a full Violations, 
hearing, decides that a rate charged or collected by a carrier for trans-
portation subject to the jurisdiction of the Commission under sub-
chapter I of chapter 105 of this title, or that a classification, rule, or 
practice of that carrier, does or will violate this subtitle, the Com-
mission may prescribe the rate (including a maximum or minimum 
rate, or both), classification, rule, or practice to be followed. The Com-
mission may order the carrier to stop the violation. When a rate, clas-
sification, rule, or practice is prescribed under this subsection, the 
affected carrier may not publish, charge, or collect a different rate and 
shall adopt the classification and observe the rule or practice prescribed 
by the Commission. 
92 STAT. 1374 
PUBLIC LAW 95-473—OCT. 17, 1978 
Revenue levels, 
(£) The Commission shall maintain standards and procedures for 
standards and 
establishing revenue levels for rail carriers providing transportation 
procedures. 
subject to its jurisdiction imder that subchapter that are adequate, 
under honest, economical, and efficient management, to cover total 
operating expenses, including depreciation and obsolescence, plus a 
reasonable and economic profit or return (or both) on capital em-
ployed in the business. The Commission shall make an adequate and 
continuing effort to assist those carriers in attaining revenue levels 
prescribed under this paragraph. However, a rate, classification, rule, 
or practice of a rail carrier may be maintained at a particular level to 
protect the traffic of another carrier or mode of transportation only if 
the Commission finds that the rate or classification, or rule or practice 
related to it, reduces or would reduce the goin^ concern value of the 
carrier charging the rate. Revenue levels established under this para-
graph should— 
(A) provide a flow of net income plus depreciation adequate 
to support prudent capital outlays, assure the repayment of a 
* reasonable level of debt, permit the raising of needed equity 
capital, and cover the effects of inflation; and 
(B) attract and retain capital in amounts adequate to provide 
a sound transportation system in the United States. 
(b) (1) When the Commission decides that a rate charged or col-
lected by— 
(A) a motor common carrier for providing transportation sub-
ject to its jurisdiction under subchapter II of chapter 105 of this 
title by itself, with another motor common carrier, with a rail, 
I; 
express, or water common carrier, or any of them; 
(B) a water common carrier for providing transportation 
1 
subject to its jurisdiction under subchapter III of chapter 105 of 
this title; or 
(C) a freight forwarder for providing service subject to its 
jurisdiction under subchapter IV of chapter 105 of this title; 
or that a classification, rule, or practice of that carrier, does or will 
' 
i 
;
« violate this chapter, the Commission shall prescribe the rate (includ-
ing a maximum or minimum rate, or both), classification, rule, or 
practice to be followed. 
(2) When prescribing a rate, classification, rule, or practice for 
transportation or service by common carriers other than by rail car-
rier, the Commission shall consider, among other factors, the 
following: 
: ; i 
ft' 
(A.) the effect of the prescribed rate, classification, rule, or 
practice on the movement of traffic by that carrier; and 
(B) the need for revenues that are sufficient, under honest, 
economical, and efficient management, to let the carrier provide 
that transportation or service. 
(3) If the carrier is a motor or water common carrier or a freight 
forwarder, the Commission shall also consider the need, in the public 
interest, of adequate and efficient transportation oi service by that 
carrier at the lowest cost consistent with providing that transportation 
or service. 
(4) If the carrier is a motor common carrier or a freight forwarder, 
the Commission shall also consider the inherent advantages of trans-
portation by motor common carrier or the inherent nature of freight 
forwarding, respectively. 
(c) (1) When the Commission finds that a minimum rate of a con-
tract carrier for transportation subject to the jurisdiction of the Com-
' 
•• 
» « * « * * * • 
PUBLIC LAW 95-473—OCT. 17, 1978 
92 STAT. 1375 
mission under subchapter II or III of chapter 105 of this title, or a 
rule or practice related to the rate or the value of the service under it, 
violates this chapter or the transportation policy of section 10101 of 
this title, the Commission may prescribe the minimum rate, rule, or Ante, p. 1337. 
practice for the carrier that is desirable in the public interest and will 
promote that policy. In prescribing the rate, the Commission may 
not give a motor or water contract carrier an advantage or preference 
in competition with a motor or water common carrier, respectively, if 
an advantage or preference is unreasonable or inconsistent with the 
public interest and the transportation policy of section 10101 of this 
title. 
(2) When prescribing a minimum rate, or rule or practice related 
to a rate, for a contract carrier, the Commission shall consider— 
(A) the cost of the transportation provided by the carrier; 
and 
(B) the effect of a prescribed minimum rate, or rule or practice, 
on the movement of traffic by that carrier. 
(d) In a proceeding involvmg competition between cai-riers of Proceedings, 
different modes of transportation subject to this subtitle, except rail 
carriers, the Commission, in determining whether a r-ate is less than 
a reasonable minimum rate, shall consider the facts and circumstances 
involved in moving the traffic by the mode of carrier to which the rate 
is applicable. Subject to the transportation policy of section 10101 of 
this title, rates of a carrier may not be maintained at a particular level 
to protect the traffic of another mode of transportation. 
(e) In a proceeding involving a proposed increase or decrease in 
rail carrier rates, the Commission shall specifically consider allega-
tions that the increase or decrease would (1) change the rate relation-
ships between commodities, ports, places, regions, areas, or other 
particular descriptions of traffic (without regard to j)revious Com-
mission consideration or approval of those relationships), and (2) 
liave a significant adverse effect on the competitive position of ship-
pers or consignees served by the rail carrier proposing the increase or 
decrease. The Commission shall investigate to determine whether the Investigation, 
change or effect violates this subtitle when it finds that those allega-
tions are substantially supported on the record. The investigation may 
be made either before or after the proposed increase or decrease be-
comes effective and either in that proceeding or in another proceeding. 
(f) The Commission may begin a proceeding under this section on 
its own initiative or on complaint. A complaint under subsection (a) 
of this section must be made under section 11701 of this title, but the Post, p. 1449. 
proceeding may also be in extension of a complaint pending before the 
Commission. A complaint under subsection (c) of this section must 
contain a full statement of the facts and the reasons for the complaint 
and must be made under oath. 
§10705. Authority: through routes, joint classifications, rates, 49 USC 10705. 
and divisions prescribed by Interstate 
Commerce 
Commission 
(a) (1) The Interstate Commerce Commission may, and shall when 
it considers it desirable in the public interest, prescribe through 
routes, joint classifications, joint rates (including maximum or mini-
mum rates or both), the division of joint rates, and the conditions 
under which those routes must be operated, for a common carrier pro-
viding transportation subject to the jurisdiction of the Commission 
under subchapter I, II (except a motor common carrier of property). 
92 STAT. 1376 
PUBLIC LAW 95-473—OCT. 17, 1978 
Differential. 
or III of chapter 105 of this title. When one of the carriers on a 
through route is a water carrier, the Commission shall prescribe a 
differential between an all-rail rate and a joint rate related to the water 
carrier if the differential is j ustified. 
(2) The Commission may require a rail carrier to include in a 
through route substantially less than the entire length of its railroad 
and any intermediate railroad operated with it under common man-
agement or control if that intermediate railroad lies between the 
terminals of the through route only when— 
Post, p. 1419. 
(A) required under section 10741-10744 or 11103 of this title; 
(B) one of the carriers is a Avater carrier; 
; 
(C) inclusion of those lines would make the through route 
unreasonably long when compared with a practicable alternative 
through route that could be established; or 
(D) the Commission decides that the proposed through route 
is needed to provide adequate, and more efficient or economic, 
transportation. 
., , ' 
The Commission shall give reasonable preference, subject to this sub-
section, to the rail carrier originating the traffic when prescribing 
through routes. 
Prohibition. 
(3) The Commission may not prescribe— 
(A) a through route, classification, practice, or rate between a 
street electric passenger railway not euj^aged in the general busi-
ness of transporting freight in addition to its passenger and 
express business and (i) a rail carrier of a different character, or 
(ii) a water common carrier; or 
(B) a through route or joint rate applicable to it to assist a 
participating carrier to meet its financial needs. 
(b) The Commission shall prescribe the division of joint rates to 
be received by a carrier providing transportation subject to its juris-
diction under chapter 105 of this subtitle when it decides that a divi-
sion of joint rates established by the participating carriers under sec-
tion 10703 of this title, or under a decision of the Commission under 
subsection (a) of this section, does or will violate section 10701 of this 
title. When prescribing the division of joint rates of a rail or water 
carrier under this subsection, the Commission shall consider— 
(1) the efficiency with which the carriers concerned are 
^ 
operated; 
:i! 
(2) the amount of revenue required by the carriers to pay their 
operating expenses and taxes and receive a fair return on the 
;! 
,W\ 
I 
property held and used for transportation; 
I 
., : 
(3) the importance of the transportation to the public; 
(4) whether a particular participating carrier is an origi-
,1 
nating, intermediate, or delivering line; and 
(5) other circumstances that ordinarily, without regard to the 
, , 
mileage traveled, entitle one carrier to a different proportion of 
a rate than another carrier. 
(c) If a division of a joint rate prescribed under a decision of the 
Commission is later found to violate section 10701 of this title, the 
Commission may decide what division would have been reasonable 
and order adjustment to be made retroactive to the date the complaint 
was filed, the date the order for an investigation was made, or a later 
date that the Commission decides is justified. The Commission may 
make a decision under this paragraph effective as part of its original 
decision. 
PUBLIC LAW 95-473—OCT. 17, 1978 
92 STAT. 1377 
(d) When the Commission suspends, for investigation, a rail or 
water common carrier tariff that would cancel a through route, joint 
rate, or classification without the consent of all carriers that are 
1 i-
parties to it or without authorization of the Commission, the carrier 
proposing the cancellation has the burden of proving that cancellation 
is consistent with the public interest without regard to subsection (a) 
(2) of this section. In determining wliether a cancellation involving a 
rail carrier is consistent with the public interest, the Commission 
shall, to the extent applicable— 
(1) compare the distance traveled and the average transporta-
tion time and expense required using (A) the through route, and 
(B) alternative routes, between the places served by the through 
route; 
(2) consider any reduction in energy consumption that may 
result from cancellation; and 
(3) consider the overall impact of cancellation on the shippers 
and carriers that are affected by it. 
(e) (1) The Commission may begin a proceeding under subsection Hearing and 
(a) or (b) of this section on its own initiative or on complaint and proceeding, 
may take action only after a full hearing. The Commission must com-
plete all evidentiary proceedings to adjust the division of joint rates 
for transportation by rail carrier within one year after the complaint 
is filed if the proceeding is brought on complaint or within 2 years 
after the commencement of a proceeding on the initiative of the 
Commission and must take final action by the 270th day after com-
pletion of the evidentiary proceedings. The Commission may decide Extension, report 
to extend such a proceeding to permit its fair and expeditious com- *° Congress, 
pletion, but when the Commission cannot meet those time limits, it 
must report its reasons to Congress. 
(2) When a carrier begins a proceeding to adjust the division of 
joint rates for transportation by a rail carrier under this section by 
filing a complaint with the Commission, the carrier must also file all 
of the evidence in support of its position with the complaint and, 
during the course of the proceeding may only file rebuttal or reply 
evidence unless otherwise ordered by the Commission. 
(3) When the Commission receives a notice of intent to begin a Discovery, 
proceeding to adjust the division of joint rates for transportation by a 
rail carrier under this section, the Commission shall allow the party fil-
ing the notice the same right to discovery that a party would have on 
filmg a complaint under this section. 
(f) When there is a shortage of equipment, congestion of traffic, or Emergency. 
, 
other emergency declared by the Commission, it may prescribe tem-
porary through routes that are desirable in the public interest on its 
own initiative or on application without regard to subsection (e) of 
this section, subchapter II of chapter 103 of this title, and subchapter Ante, p. 1345. 
II of chapter 5 of title 5. 
5 USC 551. 
§10706. Rate agreements: exemption from antitrust laws 
(a) (1) In this subsection— 
(A) "affiliate" means a person controlling, controlled by, or 
under common control or ownership with another person and 
"ownership" refers to equity holdings in a business entity of at 
least 5 percent. 
(B) "single-line rate" refers to a rate or allowance proposed 
by a single rail carrier that is applicable only over its line and for 
which the transportation (exclusive of terminal services by 
19 USC 10706. 
Definitions. 
39-194 O—80—pt. 2 
7 : QL3 
92 STAT. 1378 
PUBLIC LAW 95-473—OCT. 17, 1978 
switching, dray 
age or other terminal carriers or agencies) can be 
provided by that carrier. 
Approval. 
(2) (A) A rail carrier providing transportation subject to the juris-
diction of the Interstate Commerce Commission under subchapter I 
of chapter 105 of this title that is a party to an agreement of at least 
2 rail carriers or an agreement with a class of carriers referred to in 
subsection (c) (1) (B)-(E) of this section, that relates to rates (in-
cluding charges between rail carriers and compensation paid or re-
ceived for the use of facilities and equipment), classifications, divi-
sions, or rules related to them, or procedures for joint consideration, 
initiation, or establishment of them, shall apply to the Commission for 
approval of that agreement under this subsection. The Commission 
shall approve the agreement only when it finds that the making and 
carrying out of the agreement will further the transportation policy 
of section 10101 of this title and may require compliance with condi-
tions necessary to make the agreement further that policy as a condi-
tion of its approval. If the Commission approves the agreement, it 
. 
' 
may be made and carried out under its terms and under the conditions 
required by the Commission, and the Sherman Act (15 U.S.C. 1, et 
seq.), the Clayton Act (15 U.S.C. 12, et seq.), the Federal Trade Com-
mission Act (15 U.S.C. 41, et seq.), sections 73 and 74 of the Wilson 
Tariff Act (15 U.S.C. 8 and 9), and the Act of June 19, 1936, as 
amended (15 U.S.C. 13,13a, 13b, 21a) do not apply to parties and other 
persons with respect to making or carrying out the agreement. How-
ever, the Commission may not approve or continue approval of an 
'' ' 
" 
agreement when the conditions required by it are not met or if it does 
not receive a verified statement under subparagraph (B) of this 
paragraph. 
Verified 
(B) The Commission may approve an agreement under sub-
statement, filing, paragraph (A) of this paragraph only when the carriers applying 
for approval file a verified statement with the Commission. Each 
statement must specify for each rail carrier that is a party to the 
agreement— 
; 
(i) the name of the carrier; 
(ii) the mailing address and telephone number of its head-
' • ' ' ' ' 
- 
quarter's office; and 
• 
(iii) the names of each of its affiliates and the names, addresses, 
and affiliates of each of its officers and directors and of each person, 
together with an affiliate, owning or controlling any debt, equity, 
or security interest in it having a value of at least $1,000,000. 
Final disposition. 
(3) (A) An organization established or continued under an agree-
ment approved under this subsection shall make a final disposition of 
a rule or rate docketed with it by the 120th day after the proposal is 
docketed. Such an organization may not— 
(i) permit a rail carrier to participate in agreements related to, 
or to vote on single-line rates proposed by another rail carrier, 
or on rates related to a particular interline movement unless that 
rail carrier can practicably participate in that movement; or 
(ii) permit, provide for, or establish a procedure for joint con-
sideration or joint action to protest or seek the suspension of a rate 
or classification filed by a rail carrier under section 10707 of this 
title when that rate or classification is established by independent 
action. 
(B) Subparagraph (A) (i) and (ii) of this paragraph does not 
apply to— 
PUBLIC LAW 95-473—OCT. 17, 1978 
92 STAT. 1379 
(i) general rate increases or decreases if the agreement gives 
shippers, under specified procedures, at least 15 days' notice of 
the proposal and an opportunity to present comments on it before 
a tariff containing the increases or decreases is filed with the 
Commission; or 
(ii) broad tariff changes that are of at least substantially 
general application throughout the area where the changes will 
apply. 
(C) In any proceeding in which a party alleges that a lail carrier 
voted or agreed on a rate or allowance in violation of this subsection, 
that party has the burden of showing that the vote or agreement 
occurred. A showing of parallel behavior does not satisfy that burden 
by itself. 
(b) A common carrier providing transportation or service subject 
to the jurisdiction of the Commission under chapter 105 of this title 
(except a rail carrier) that is a party to an agreement of at least 2 
carriers related to rates (including charges between carriers and 
compensation paid or received for the use of facilities and equipment), 
allowances, classifications, divisions, or rules related to them, or pro-
cedures for joint consideration, initiation, or establishment of them, 
may apply to the Commission for approval of that agreement under 
this subsection. The Commission shall approve the agreement only 
when it finds that the making and carrying out of the agreement will 
further the transportation policy of section 10101 of this title and 
may require compliance with conditions necessary to make the agree-
ment further that policy as a condition of approval. If the Commis-
sion approves the agreement, it may be made and carried out under its 
terms and under the conditions required by the Commission, and the 
antitrust laws, as defined in section 12 of title 15, do not apply to 
parties and other persons with respect to making or carrying out the 
agreement. 
(c) (1) In this subsection, carriers are classified as follows: 
(A) Rail, express, and sleeping car carriers are a class. 
(B) Pipeline carriers are a class. 
(C) Motor carriers are a class. 
' 
(D) Water carriers are a class. 
(E) Freight forwarders are a class. 
(2) The Commission may not approve an agreement under this 
section. 
(A) between or among carriers of different classes unless, in 
addition to the finding required under subsection (a) or (b) of 
this section, the Commission finds that the agreement is limited to 
matters related to transportation under joint rates or over 
through routes; 
(B) related to a pooling, division, or other matter to which 
subchapter III of chapter 113 of this title applies; or 
(C) establishing a procedure for determination of a matter 
through joint consideration unless the Commission finds that 
each party to the agreement has the absolute right under it to 
take independent action before or after a determination is made 
under that procedure. 
(d) The Commission may require an organization established or 
continued under an agreement approved under this section to maintain 
records and submit reports. The Commission, or its delegate, may 
inspect a record maintained under this section. 
Notice and 
comments. 
Ante, p. 1358. 
Ante, p. 1337. 
Carrier 
classification. 
Unapprovable 
agreements. 
Post, p. 1434. 
Records 
maintenance. 
92 STAT. 1380 
PUBLIC LAW 95-473—OCT. 17, 1978 
Review. 
Review. ' 
• 
(e) The Commission may review an agreement approved under 
subsection (a) or (b) of this section and shall change the conditions 
of approval or terminate it when necessary to comply with (1) the 
Postponement. 
public interest and subsection (a), or (2) subsection (b). The Com-
mission shall postpone the effective date of a change of an agreement 
under this subsection for whatever period it determines to be reason-
ably necessary to avoid unreasonable hardship. 
Proceeding. 
(f) The Commission may begin a proceeding under this section on 
its own initiative or on application. Action of the Commission under 
this section (1) approving an agreement, (2) denying, ending, or 
changing approval, (3) prescribing the conditions on which approval 
is granted, or (4) changing those conditions, has effect only as related 
to application of the antitrust laws referred to in subsection (a) or (b) 
of this section. 
(g) The Commission shall review each agreement approved under 
subsection (a) of this section periodically, but at least once every 3 
years (1) to determine whether the agreement or an organization 
established or continued under one of those agreements still complies 
with the requirements of that subsection and the public intei'est, and 
(2) to evaluate the success and effect of that agreement or organization 
on the consuming public and the national rail freight transportation 
system. If the Commission finds that an agreement or organization 
does not conform to the requirements of that subsection, it shall end 
or suspend its approval. The Commission shall report to the President 
and Congress the results of the review as a part of its annual report 
under section 10311 of this title. 
(h) (1) The Federal Trade Commission, in consultation with the 
Antitrust Division of the Department of Justice, shall prepare period-
ically an assessment of, and shall report to the Commission on— 
(A) possible anticompetitive features of— 
(i) agreements approved or submitted for approval under 
subsection (a) of this section; and 
(ii) an organization operating under those agreements; 
and 
(B) possible ways to alleviate or end an anticompetitive fea-
ture, effect, or aspect in a manner that will further the goals of 
this subtitle and of the transportation policy of section 10101 of 
this title. 
(2) Reports received by the Commission under this subsection 
shall be published and made available to the public under section 
552(a) of title 5. 
49 use 10707. 
§ 10707. Investigation and suspension of new rail carrier rates, 
classifications, rules, and practices 
(a) When a new individual or joint rate or individual or joint clas-
sification, rule, or practice related to a rate is filed with the Interstate 
Commerce Commission by a rail carrier providing transportation sub-
Ante, p. 1359. 
ject to its jurisdiction under subchapter I of chapter 105 of this title, 
the Commission may begin a proceeding, on its own initiative or on 
complaint of an interested party, to determine whether the proposed 
Notice. 
rate, classification, rule, or practice violates this subtitle. The Com-
mission must give reasonable notice to interested parties before bewin-
" 
ning a proceeding under this subsection but may act without allowing 
an interested party to file an answer or other formal pleading in re-
sponse to its decision to begin the proceeding. 
Report to 
President and 
Congress. 
Ante, p. 1345. 
Assessment 
report by FTC, 
publication. 
PUBLIC LAW 95-473—OCT. 17, 1978 
92 STAT. 1381 
(b) (1) The Commission must complete a proceeding under this sec-
tion and make its final decision by the end of the 7th month after the 
rate, classification, rule, or practice was to become effective. However, Extension, report 
if the Commission reports to Congress by the end of the Tth month to Congress, 
that it cannot make a final decision by that time and explains the 
reason for the delay, it may take an additional 3 months to complete 
the proceeding and make its final decision. If the Commission does not 
reach a final decision within the applicable time period, the rate, clas-
sification, rule, or practice— 
(A) is effective at the end of that time period; or 
(B) if already in effect at the end of that time period, remains 
in effect. 
(2) If an interested party has filed a complaint under subsection 
(a) of this section, the Commission may set aside a rate, classification, 
rule, or practice that has become effective under this section if the 
Commission finds it to be in violation of this chapter. 
(c) (1) Pending final Commission action in a proceeding under sub-
section (a) of this section, the Commission may suspend the proposed 
rate, classification, rule, or practice for 7 months after the time it 
would otherwise go into effect or, if a report is made under sub-
section (b) of this section, for 10 months after the time it would 
otherwise go into effect. However, the Commission may suspend a 
rate under this subsection only if it appears from specific facts shown 
by the verified complaint of a person that— 
(A) without suspension, the proposed rate change will cause 
substantial injury to the complainant or the party represented 
by the complainant; and 
(B) it is likely that the complainant will prevail on the merits. 
(2) The burden is on the complainant to prove the facts required 
under paragraph (1) (A) and (B) of this subsection. 
(d) If the Commission does not suspend a proposed rate increase Accounting, 
that is the subject of a proceeding under this section, the Commission 
shall require the rail carriers involved to account for all amounts re-
ceived under the increase until the Comimission completes the proceed-
ing or until 7 months after the increase becomes effective, whichever 
occurs first, or, if the proceeding is extended under subsection (b) of 
this section, until the Commission completes the proceeding or until 
10 months after the increase becomes effective, whichever occurs first. 
The accounting must specify by whom and for whom the amounts are 
paid. When the Commission takes final action, it shall require the Refund 
carrier to refund to the person for whom the amounts were paid that requirement, 
part of the increased rate found to be unjustified, plus interest at a 
rate equal to the average yield (on the date the proposed increase is 
filed) of marketable securities of the United States Government hav-
ing a duration of 90 days. When any part of a proposed rate decrease 
is suspended and later found to complv with this subtitle, the rail car-
rier may refund anv part of the portion of the decrease found to com-
ply with this subtitle if the carrier makes the refund available equally 
to the shippers who participate in the rate according to the relative 
amounts of traffic shipped at that rate. 
(e) In a proceeding under this section, the burden is on the carrier 
proposing the changed rate, classification, rule, or practice to prove 
that the change is reasonable. The Commission shall specifically con-
sider proof that the proposed rate, classification, nile, or practice will 
have a significantly adverse effect (in violation of section 10701,10741-
92 STAT. 1382 
PUBLIC LAW 95-473—OCT. 17, 1978 
49 use 10708. 
Notice. 
Accounting. 
Refund 
requirement. 
49 u s e 10709. 
"Market 
dominance." 
10744, or 11103 of this title) on the competitive posture of ship-
pers or consignees affected by the proposed rate, classification, rule, or 
practice. The Commission shall give proceedings under this section 
preference over all other proceedings related to rail carriers pending 
before it and make its decision at the earliest practical time. 
§ 10708. Investigation and suspension of new nonrail carrier rates, 
classifications, rules, and practices 
(a) (1) The Interstate Commerce Commission may begin a proceed-
ing to determine the lawfulness of a proposed rate, classification, rule, 
or practice immediately, on its own initiative or on application of an 
interested party when— 
(A) a new individual or joint rate or individual or joint classi-
• 
fication, rule, or practice affecting a rate is filed with the Commis-
* ,
* sion by a common carrier, other than a rail carrier, under this 
''' 
subtitle; or 
(B) a new or reduced rate or rule or practice that causes a re-
duction of a rate is filed with the Commission by a contract 
carrier under this subtitle. 
(2) The Commission must give reasonable notice before beginning 
a proceeding under this section but may act without allowing an in-
terested carrier to file an answer or other formal pleading in response 
to its decision to begin the proceeding. The Commission may take 
whatever final action on a rate, classification, rule, or practice under 
this section, after a full hearing (whether completed before or after 
the rate, classification, rule, or practices goes into effect), as it could 
in a proceeding begun after a rate, classification, rule, or practice 
became effective. 
(b) Pending final Commission action in a proceeding under subsec-
tion (a) of this section, the Commission may suspend the proposed 
rate, classification, rule, or practice at any time for not more than 7 
months beyond the time it would otherwise go into effect by (1) de-
livering to each affected carrier, and (2) filing with the proposed rate, 
classification, rule, or practice, a statement of reasons for the suspen-
sion. If the Commission does not take final action during the suspen-
sion period, the proposed rate, classification, rule, or practice is eff'ec-
tive at the end of that period. However, if an increase in a rate for, or 
related to, transportation of property by an express, sleeping car, or 
pipeline carrier becomes effective under this subsection, the Commis-
sion may require the interested carrier to account for all amounts 
received under it and specify by whom and on whose behalf those 
amounts were paid. When the Commission takes final action, it may 
require the carrier to refund, with interest, to the persons on whose 
behalf those amounts were paid, the part of the increased rate found 
to be in violation of this subtitle. 
(c) In a proceeding under this section, the burden is on the carrier 
proposing tne changed rate, classification, rule, or practice to prove 
that the change is reasonable. The Commission shall give proceedings 
under this section preference over all other proceedings related to that 
type of carrier pending before it and make its decision at the earliest 
practical time. 
§ 10709. Determination of market dominance in rail carrier rate 
proceedings 
(a) In this section, "market dominance" means an absence of effec-
tive competition from other carriers or modes of transportation far 
the transportation to which a rate applies. 
PUBLIC LAW 95-473—OCT. 17, 1978 
92 STAT. 1383 
(b) When a rate for transportation by a rail carrier providing trans-
portation subject to the jurisdiction of the Interstate Commerce Com-
mission under subchapter I of chapter 105 of this title is challenged Ante, p. 1359. 
as being unreasonably high, the Commission shall determine, within 
90 days after the start of a proceeding under section 10707 of this title 
to investigate the lawfulness of that rate, whether the carrier propos-
ing the rate has market dominance over the transportation to which 
the rate applies. The Commission may make that determination on its 
own initiative or on complaint. A finding by the Commission that the 
carrier does not have market dominance is determinative in a proceed-
ing under this subtitle related to that rate or transportation unless 
changed or set aside by the Commission or set aside by a court of 
competent jurisdiction. 
(c) When the Commission finds in any proceeding that a rail car-
rier proposing or defending a rate for transportation has market 
dominance over the transportation to which the rate applies, it may 
then determine that rate to be unreasonable if it exceeds a reasonable 
maximum for that transportation. However, a finding of market 
dominance does not establish a presumption that the proposed rate 
exceeds a reasonable maximum. This subsection does not limit the Suspension. 
power of the Commission to suspend a rate under section 10707(c) 
of this title. However, if the Commission has found that a carrier 
does not have market dominance over the ti-ansportation to which the 
rate applies, the Commission may suspend an increase in that rate as 
being in excess of a reasonable maximum for that transportation only 
if it specifically changes or sets aside its prior determination of market 
-
dominance. 
§ 10710. Elimination of discrimination against recyclable materials 49 USC 10710. 
The Interstate Commerce Commission shall maintain regulations 
that will eliminate discrimination against the transportation of re-
cyclable materials in rate structures and in other Commission prac-
tices where discrimination exists. 
§ 10711. Effect of certain sections on rail rates and practices 
49 USC 10711. 
Sections 10701 (a) and (b), 10707, 10709, 10727, and 10728 of this 
title, related to rail carriers, do not— 
(1) modify the application of sections 10701(c), 10726, 
10741-10744, or 11103 of this title in determining whether a 
rate or practice complies with this subtitle; 
(2) make a competitive practice that is unfair, destructive, 
predatory, or otherwise undermines competition that is neces-
sary in the public interest comply with this subtitle; 
(3) affect a law in existence on February 5,1976, or the author-
ity of the Interstate Commerce Commission related to rate rela-
tionships between ports; or 
(4) affect the authority and responsibility of the Commission 
to guarantee the equalization of rates in the same port. 
SUBCHAPTER II—SPECIAL CIRCUMSTANCES 
§ 10721. Government traffic 
(a) (1) Except as provided in this section, the full applicable com-
mercial rate shall be paid for transportation for the United States 
Government by a common carrier providing transportation or service 
subject to the jurisdiction of the Interstate Commerce Commission 
49 USC 10721. 
92 STAT. 1384 
PUBLIC LAW 95-473—OCT. 17, 1978 
Increased 
revenues. 
Ante, pp. 1359, 
1361, 1365. 
Ante, p. 1358. 
39 u s e 5001 et 
seq., 5201 et seq. 
Quoted or 
tendered rate, 
filing. 
49 use 10722. 
under this subtitle. Section 5 of title 41 does not apply when transpor-
tation for the United States Government can be obtained from a com-
mon carrier lawfully operating in the area where the transportation 
will be provided. When prescribing rates for transportation or service 
by those common carriers, the Commission shall consider increased 
revenues those carriers receive under this subsection to reflect those 
increases in appropriate readjustments of their rates. 
(2) Paragraph (1) of this subsection does not apply, and the law 
related to compensation for transportation for the United States Gov-
ernment in effect immediately before September 18, 1940, applies to a 
rail carrier if that carrier, or its predecessor in interest, received a 
grant of land from the United States to aid in constructing the rail-
road it operates but did not file a release with the Secretary of the 
Interior before September 18, 1941, of claims against the United 
States Government to, or arising out of, lands that were granted, 
claimed to have been granted, or claimed should have been granted to 
that carrier or its predecessor in interest. This paragraph does not re-
quire a rail carrier to reconvey to the United States land patented or 
certified to it or prevent the patent of land that the Secretary of the 
Interior found was sold by the carrier to an innocent purchaser for 
value or as preventing the patent of land listed or selected by the car-
rier and finally approved by the Secretary of the Interior to the extent 
that issuance of those patents is authorized by law. 
(b) (1) A common carrier providing transportation subject to the 
jurisdiction of the Commission under subchapter I, II, or III of chap-
ter 105 of this title may transport individuals for the United States 
Government without cnarge or at reduced rates. The carriers may 
transport custom inspectors and immigration officers without charge. 
A common carrier providing transportation or service subject to the 
jurisdiction of the Commission under chapter 105 of this title shall 
provide transportation for the United States Postal Service under 
chapters 50 and 52 of title 39, and may transport property for the 
United States Government, a State, or municipal government without 
charge or at reduced rates. 
(2) Unless a carrier is advised by the United States Government 
that disclosure of a quotation or tender of a rate established under 
paragraph (1) of this subsection for transportation provided to the 
United States Government would endanger the national security, the 
carrier shall file the quoted or tendered rate, including a retroactive rate 
made after the transportation has been provided, concurrently, with 
the Commission and the department, agency, or instrumentality of the 
United States Government for which the quotation or tender was made 
or for which the proposed transportation is to be provided. A carrier 
may quote or tender a rate established under an agreement made and 
approved under section 10706 of this title, but the exemption from 
the antitrust laws provided by that section applies only when the 
filing requirements of this paragraph are met. 
(c) A different policy, rule of rate making, system of accounting, 
method of determining costs of transportation, value of property, or 
rate of return may not be applied to a water carrier owned or controlled 
by the United States Government than is applied to a water carrier 
providing transportation subject to the jurisdiction of the Commis-
sion under subchapter III of chapter 105 of this title. 
§ 10722. Special passenger rates 
(a) A common carrier providing transportation subject to the juris-
diction of the Interstate Commerce Commission under subchapter I, 
PUBLIC LAW 95-473—OCT. 17, 1978 
92 STAT. 1385 
II, or III of chapter 105 of this title may establish mileage, excursion, 
and commutation passenger rates including joint interchangeable 5,000 
mile passenger rates with the privilege of carrying an amount of bag-
gage without charge for at least 1,000 miles. A carrier that establishes 
a rate under this subsection may issue tickets reflecting that rate. A 
carrier that establishes a joint interchangeable 5,000 mile passenger 
rate shall also establish rules related to that rate specifying the amount 
of baggage that may be carried without charge under it. 
(b) A common carrier providing transportation subject to the juris-
diction of the Commission under one of those subchapters may estab-
lish reduced rates for individuals when the cost of that transporta-
tion is an expense of an individual who— 
(1) is a member of the armed forces of the United States or 
another country when that individual is traveling in uniform on 
official leave, furlough, or pass; or 
(2) has been released from the armed forces of the United 
States not more than 30 days before beginning that transporta-
tion and is traveling home or to a prospective place of abode. 
(c) A common carrier providing transportation subject to the juris-
diction of the Commission under one of those subchapters may provide 
transportation without charge for an individual who is— 
^1) a necessary caretaker of livestock, poultry, milk, or fruit; 
(2) an executive officer, general chairman, or counsel of an em-
ployee organization authorized to represent employees of that car-
rier under chapter 8 of title 45; 
(3) an employee in charge of the mails when working or travel-
ing to or from work; 
(4) a newsboy on a train; 
(5) a baggage agent; or 
(6) a witness attending a legal investigation in which that car-
rier has an interest. 
(d) (1) In this subsection— 
(A) "employee of a carrier" includes an individual who— 
(i) is furloughed, pensioned, or not on active duty because 
of advanced age or infirmity that occurred while the individ-
ual was employed by that carrier; 
(ii) is being transported for purposes of reemployment by 
that carrier; or 
(iii) was killed while employed by a carrier. 
(B) "family" refers to the family of an individual named in 
clause (A) of this paragraph and includes the widow or minor 
child of an employee who died while employed by a carrier. 
(2) A common carrier providing transportation subject to the juris-
diction of the Commission under subchapter I, II, or III of chapter 
105 of this title may provide transportation without charge for officers 
and employees (and their families) of that carrier, another carrier 
(by exchange of passes or tickets), or a telegraph, telephone, or cable 
company. A freight forwarder providing service subject to the juris-
diction of the Commission under subchapter IV of that chapter may 
provide services related to movement of property for those individuals 
without charge. However, transportation of, or service provided for, 
household goods must be due to a change in the place of employment 
of an officer or employee while employed by that carrier. 
§ 10723. Charitable purposes 
(a) (1) A common carrier providing transportation subject to the 
jurisdiction of the Interstate Commerce Commission under subchapter 
Ante, pp. 1359, 
1361, 1365. 
Ticket issuance. 
Baggage charge, 
rules. 
45 use 151 et 
seq. 
Definitions. 
49 use 10723. 
92 STAT. 1386 
PUBLIC LAW 95-473—OCT. 17, 1978 
Ante, pp. 1359, 
I^ H^ or III of chapter 105 of this title may provide transportation 
1361, 1365. 
without charge for— 
(A) an indigent or homeless individual (including an individ-
• 
ual transported by a hospital, charitable organization, or munici-
'.- 
pal government and the necessary agents employed in that 
transportation) ; 
(B) an individual who is confined to or about to enter or return 
home after discharge from a— 
(i) Veterans'Administration facility; 
': 
(ii) State home for disabled volunteer soldiers; or 
(iii) soldiers' and sailors' home, under an arrangement 
with the board of managers of that facility; 
(C) a minister of religion; and 
^ * 
(D) an individual who is confined to a hospital or charitable 
facility. 
(2) A common carrier providing transportation or service subject 
to the jurisdiction of the Commission under chapter 105 of this title 
may provide transportation for property without charge or at a re-
duced rate for— 
(A) a charitable purpose, including transportation referred to 
in paragraph (1) of this subsex^tion; or 
(B) use in a public exhibition. 
(b) (1) A common carrier subject to the jurisdiction of the Com-
mission under subchapter I, II, or III of that chapter may provide 
transportation without charge to an individual who is— 
(A) engaged only in charitable work; 
(B) injured in an accident (together with the physicians and 
nurses attending that individual); or 
(C) a traveling secretary of a railroad Young Men's Christian 
Association. 
(2) That carrier may also establish a rate and related rule equal 
to the rate charged for the transportation of one individual when that 
rate is for the transportation of— 
(A) a totally blind individual and an accompanying guide 
or a dog trained to guide the individual; or 
(B) a disabled individual and accompanying attendant when 
required because of the disability. 
49 use 10724. 
§ 10724. Emergency rates 
(a) A common carrier providing transportation subject to the juris-
diction of the Interstate Commerce Commission under subchapter I, 
II, or III of chapter 105 of this title may transport passengers without 
charge to provide relief during general emergencies. 
(b) (1) The Commission may authorize a common carrier providing 
transportation or service subject to its jurisdiction under chapter 105 
Ante, p. 1358. 
of this title to give reduced rates for service and transportation of 
property to or from an area in the United States to provide relief dur-
ing emergencies. When the Commission takes action under this sub-
section, it must— 
(A) define the area of the United States in which the reduced 
rates will apply; 
(B) specify the period during which the reduced rates are to 
be in effect; and 
.^ ?: :; :i' ri- 
(Q^ define the class of persons entitled to the reduced rates. 
(2) The Commission may specify those persons entitled to reduced 
rates by reference to those persons designated as being in need of relief 
by the United States Government or by a State government authorized 
i!'»ii 
PUBLIC LAW 95-473—OCT. 17, 1978 
92 STAT. 1387 
to assist in providing relief during the emergency. The Commission 
may act under this subsection without regard to subchapter II of 
chapter 103 of this title and subchapter II of chapter 5 of title 5. 
§ 10725. Special freight forwarder rates 
(a) A common carrier providing transportation subject to the juris-
diction of the Interstate Commerce Commission under subchapter I, 
II, or III of chapter 105 of this title may establish— 
(1) assembling rates and related classifications and rules for 
transportation of less-than-carload or less-than-truckload ship-
ments to a place for further movement as part of a carload or 
truckload shipment; and 
; 
(2) distribution rates and related classifications and rules for 
transportation of less-than-carload or less-than-truckload ship-
ments moving from a place to which those shipments have moved 
as a part of a carload or truckload shipment. 
(b) A rate and related classification and rule established under sub-
section (a) of this section applies to freight forwarders and other per-
sons using common carrier transportation under like conditions and 
may differ from other rates and related classifications and rules that 
contemporaneously apply to the same common carrier transportation 
when the difference is justified by a difference in the respective condi-
tions under which that transportation is used. A rate referred to in 
subsection (a) (1) or (2) of this section may not be established to 
cover the line-haul transportation between the principal concentration 
place and the principal break-bulk place. 
(c) When establishing a rate, classification, rule, or practice, a 
motor common carrier providing transportation subject to the juris-
diction of the Commission under subchapter II of chapter 105 of this 
title may consider the tj^pe of property tendered to it by a freight for-
warder for transportation when the property is in parcels that do not 
exceed 70 pounds in weight or 100 inches in length and girth com-
bined. The carrier may establish the lowest rate for the transportation 
that allows it to receive adequate compensation for transporting the 
property. 
§ 10726. Long and short haul transportation 
(a) (1) A carrier providing transportation subject to the jurisdic-
tion of the Interstate Commerce Commission under subchapter I or III 
of chapter 105 of this title (except an express carrier) may not charge 
or receive more compensation for the transportation of property of the 
same kind or of passengers— 
(A) for a shorter distance than for a longer distance over the 
same line or route in the same direction (the shorter distance 
being included in the longer distance) ; or 
(B) under a through rate than under the total of the inter-
mediate rates it may charge or receive under this chapter. 
This paragraph does not authorize a carrier to charge or receive equal 
compensation for transportation over a shorter distance than a longer 
distance. 
(2) Notwithstanding paragraph (1) of this subsection, a carrier 
operating over a circuitous line or route to or from a place in compe-
tition with another carrier of the same type that operates over a more 
direct line or route may establish a rate (otherwise complying with 
this chapter) for that transportation to meet the rate of the carrier 
operating over the more direct line or route, A rate established for 
transportation over a circuitous route under this subsection is not 
evidence of tlie compensatory character of rates in other proceedings. 
Ante, p. 1345. 
5 use 551. 
49 use 10725. 
Ante, pp. 1359, 
1361, 1365. 
49 use 10726. 
92 STAT. 1388 
PUBLIC LAW 95-473—OCT. 17, 1978 
Relief. 
Proceeding. 
49 use 10727. 
Standards and 
procedures. 
Annual report to 
Congress, 
legislative 
recommenda-
tions. 
49 u s e 10728. 
Expeditious 
procedures. 
(b) In special cases, the Commission may authorize a carrier to 
charge less for transportation over a longer distance than it charges 
for transportation over a shorter distance. The Commission may pre-
scribe the extent to which a carrier authorized to charge less under 
this subsection may be granted relief from subsection (a) of this sec-
tion. However, the Commission may not authorize a rate— 
(1) to or from the more distant place unless it is reasonably 
compensatory; or 
(2) because of potential water competition not actually in 
existence. 
(c) A rail carrier that reduces a rate for the transportation of prop-
erty in competition with a water route to or from competitive places 
may increase the rate only if, after a proceeding, the Commission finds 
that the increase is proposed because of a change in conditions other 
than the elimination of water competition. 
(d) The Commission shall begin a proceeding under subsection (b) 
of this section on application of a carrier. A carrier may file a pro-
posed rate with its application, and if the application is approved, the 
Commission shall allow the rate to become effective one day after the 
approval becomes effective. 
§10727. Demand-sensitive rates 
(a) The Interstate Commerce Commission shall maintain standards 
and procedures to permit seasonal, regional, or peak-period demand 
rates for transportation by rail carrier subject to its jurisdiction un-
der subchapter I of chapter 105 of this title, that— 
(1) provide sufficient incentives to shippers, through resched-
uling and advance planning, to reduce peak-period shipments; 
(2) generate additional revenue for rail carriers; 
(3) make better use of the national supply of freight cars; 
(4) improve— 
(A) the transportation of property by rail carriers; 
(B) the level of employment by rail carriers; and 
(C) the financial stability of markets served by rail 
carriers. 
(b) The Commission shall submit to Congress an annual report on 
the implementation of rates under this section and shall include rec-
ommendations for additional legislation needed to make it easier to 
establish those rates. 
§10728. Separate rates for distinct rail services 
(a) A rail carrier providing transportation subject to the jurisdic-
tion of the Interstate Commerce Commission under subchapter I of 
chapter 105 of this title may, on its own initiative or at the request of a 
shipper or receiver of property, establish separate rates for distinct 
rail services to— 
(1) encourage competition; 
(2) promote increased reinvestment by rail carriers; and 
(3) encourage and make easier increased non-railroad invest-
ment in the production of rail services. 
(b) The Commission shall maintain expeditious procedures to per-
mit separate rates for distinct rail services to— 
(1) encourage those services to be priced in accordance with 
the cash-outlay incurred by the carrier and the demand for them; 
and 
(2) enable shippers and receivers to evaluate transportation and 
related rates and alternatives. 
PUBLIC LAW 95-473—OCT. 17, 1978 
92 STAT. 1389 
§10729. Rail carriers; incentive for capital investment 
(a) A proposed rate, classification, rule, or practice for transporta-
tion by a rail carrier subject to the jurisdiction of the Interstate Com-
merce Commission under subchapter I of chapter 105 of this title 
requiring a total capital investment of at least $1,000,000 to implement 
shall be established and become effective under this section. This section 
applies whether the investment is made individually or collectively by 
the carrier or by a shipper, receiver, or agent for any of them, or by a 
third party. 
(b) A rail carrier may file a notice of intent to establish a rate, 
classification, rule, or practice under subsection (a) of this section 
with the Commission. The notice must include a sworn affidavit detail-
ing the anticipated capital investment. Unless the Commission after 
holding a proceeding under subsection (c) of this section, decides by 
the 180th day after the notice is filed that the proposed rate, classifica-
tion, rule, or practice would violate this subtitle, the carrier may estab-
lish that rate, classification, rule, or practice at any time during the 
next 180 days, and it may become effective 30 days after it is estab-
lished. Once a rate, classification, rule, or practice becomes effective 
imider this section, the Commission may not, for 5 years, suspend or set 
it aside as violating section 10701,10726,10741-10744, or 11103 of this 
title. However, the Commission may order the rate, classification, rule, 
or practice to be revised to a level equal to the variable costs of pro-
viding the transportation when the Commission finds the level then in 
effect reduces the going concern value of the carrier. 
(c) On request of an interested person, the Commission shall hold 
a proceeding to investigate and determine whether the rate, classifica-
tion, rule, or practice proposed to be established under this section com-
plies with this subtitle. The Commission must give reasonable notice 
to interested parties before beginning a proceeding under this subsec-
tion but may act without allowing an interested party to file an answer 
or other formal pleading. 
§ 10730. Rates and liability based on value 
The Interstate Commerce Commission may require or authorize a 
carrier providing transportation or service subject to its jurisdiction 
under suV)cliapter I, II, or IV of chapter 105 of this title, to establish 
rates for transportation of property under which the liability of the 
carrier for that property is limited to a value established by written 
declaration of the shipper, or by a written agreement, when that 
value would be reasonable under the circumstances surrounding the 
transportation. A rate may be made applicable under this section 
to livestock only if the livestock is valuable chiefly for breeding, 
racing, show purposes, or other special uses. A tariff filed with the 
Commission under subchapter IV of this chapter shall refer specifically 
to the action of the Commission under this section. 
§ 10731. Investigation of discriminatory rail rates for transporta-
tion of recyclable or recycled materials 
(a) In this section— 
(1) "recyclable material" means material collected or recovered 
from waste for a commercial or industrial use whether the col-
lection or recovery follows end usage as a product. 
(2) "virgin material" means raw material, including previ-
ously unused metal or metal ore, woodpulp or pulpwood, textile 
fiber or material, or other resource that, through the application 
49 use 10729. 
Ante, p. 1359. 
Notice of intent, 
filing. 
Proceeding. 
Notice. 
49 use 10730. 
Ante, pp. 1359, 
1361, 1369. 
49 use 10731. 
Definitions. 
92 STAT. 1390 
PUBLIC LAW 95-473—OCT. 17, 1978 
' ' " * ' ' * 
of technology, is or will become a source of raw material for 
commercial or industrial use. 
(b) When appropriate, the Interstate Commerce Commission 
* 
shall— 
(1) investigate the rate structure for the transportation of 
recyclable or recycled materials and competing virgin material 
by rail carriers providing transportation subject to the juris-
diction of the Commission under subchapter I of chapter 105 
Ante, p. 1359. 
of this title and the manner in which that rate structure has been 
affected by successive general rate increases approved by the 
' 
Commission for those carriers; 
(2) determine whether those rate increases affect any part of the 
rate structure in violation of section 10701 or 10741 of this title 
and order the rate found to be in violation of either of those 
sections removed from the rate structure; and 
(3) report to the President and Congress, in each of the annual 
reports of the Commission for 1978 and 1979, and in other appro-
priate reports, all proceedings started or completed under this 
subsection. 
(c) A determination under subsection (b) (2) of this section may 
be made only after a public hearing. During the hearing, the rail 
carriers have the burden of proving that rate increases that affect the 
rate structure applicable to the transportation of those competing 
materials comply with sections 10701 and 10741 of this title. 
(d) In cooperation with the Commission, the Secretary of Trans-
portation shall maintain a research, development, and demonstration 
program to develop and improve transport terminal operations, trans-
port service characteristics, transport equipment, and collection and 
processing methods to facilitate the competitive and efficient trans-
portation of recyclable or recycled materials by rail carriers providing 
transportation subject to the jurisdiction of the Commission under 
subchapter I of chapter 105 of this title. 
SUBCHAPTER III-^LIMITATIONS 
' 
49 use 10741. 
§ 10741. Prohibitions against discrimination by common carriers 
,
^
J
^ 
. ; , 
(a) A common carrier providing transportation subject to the 
jurisdiction of the Interstate Commerce Commission under subchap-
ter I of chapter 105 of this title may not charge or receive from a per-
son a different compensation (by using a special rate, rebate, draw-
back, or another means) for a service rendered, or txy be rendered, in 
transportation the carrier may perform under this subtitle than it 
charges or receives from another person for performing a like and con-
temporaneous service in the transportation of a like kind of traffic 
under substantially similar circumstances. A common carrier that 
charges or receives such a different compensation for that service un-
reasonably discriminates. 
(b) A common carrier providing transportation or service subject 
Ante, p. 1358. 
to the jurisdiction of the Commission under chapter 105 of this title 
may not subject a person, place, port, or type of traffic to unreasonable 
discrimination. However, subject to subsection (c) of this section, 
this subsection does not apply to discrimination against the traffic 
of another carrier providing transportation by any mode. 
(c) A common carrier providing transportation subject to the juris-
diction of the Commission under subchapter I, II, or III of that 
Proceedings, 
report to 
President and 
Congress. 
Public hearing. 
Research 
program, 
cooperation with 
Transportation 
Secretary. 
PUBLIC LAW 95-473—OCT. 17, 1978 
92 STAT. 1391 
chapter may not subject a freight forwarder providing service sub-
ject to the jurisdiction of the Commission under subchapter IV of 
that chapter to unreasonable discrimination whether or not the freight 
forwarder is controlled by that carrier. 
(d) Differences between the rates, classifications, rules, and practices 
of water and rail common carriers in effect for their respective types 
of transportation do not constitute a violation of this section or an 
unfair or destructive competitive practice under this subtitle. 
§ 10742. Facilities for interchange of traffic 
A common carrier providing transportation subject to the jurisdic-
tion of the Interstate Commerce Commission under subchapter I or 
III of chapter 105 of this title shall provide reasonable, proper, and 
equal facilities that are within its power to provide for the interchange 
of traffic between, and for the receiving, forwarding, and delivering of 
passengers and property to and from, its respective line and a connect-
ing line of another common carrier under either of those subchapters. 
§ 10743. Payment of rates 
(a) Except as provided in subsection (b) of this section, a common 
carrier (except a pipeline or sleeping car carrier) providing trans-
portation or service subject to the jurisdiction of the Interstate Com-
merce Commission imder this subtitle shall give up possession at 
destination of property transported by it only when payment for the 
transportation or service is made. 
(b) (1) Under regulations of the Commission governing the pay-
ment for transportation and service and preventing discrimination, 
those carriers may give up possession at destination of property trans-
ported by them before payment for the transportation or service. 
The regulations of the Commission may provide for weekly or 
monthly payment for transportation provided by motor common 
carriers and for periodic payment for transportation provided by 
water common carriers. 
(2) Such a carrier (including a motor common carrier being used by 
a freight forwarder) may extend credit for transporting property for 
the United States Government, a State, a territory or possession of the 
United States, or a political subdivision of any of them. 
§ 10744. Liability for payment of rates 
(a) (1) Liability for payment of rates for transportation for a 
shipment of property by a shipper or consignor to a consignee other 
than the shipper or consignor, is determined under this subsection 
when the transportation is provided by a rail, motor, or water com-
mon carrier under this subtitle. When the shipper or consignor in-
structs the carrier transporting the property to deliver it to a consignee 
that is an agent only, not having beneficial title to the property, the 
consignee is liable for rates billed at the time of delivery for which the 
consignee is otherwise liable, but not for additional rates that may be 
found to be due after delivery if the consignee gives written notice to 
the delivering carrier before delivery of the property— 
(A) of the agency and absence of beneficial title; and 
(B) of the name and address of the beneficial owner of the 
property if it is reconsigned or diverted to a place other than the 
place specified in the original bill of lading. 
(2) When the consignee is liable only for rates billed at the time of 
delivery under paragraph (1) of this subsection, the shipper or con-
signor, or, if the property is reconsigned or diverted, the beneficial 
Ante, pp. 1359, 
1361, 1365. 
Ante, p. 1369. 
49 use 10742. 
49 use 10743. 
49 use 10744. 
92 STAT. 1392 
PUBLIC LAW 95-473—OCT. 17, 1978 
owner, is liable for those additional rates regardless of the bill of lad-
ing or contract under which the property was transported. The bene-
ficial owner is liable for all rates when the property is reconsigned or 
diverted by an agent but is refused or abandoned at its ultimate desti-
nation if the agent gave the carrier in the reconsignment or diversion 
order a notice of agency and the name and address of the beneficial 
owner. A consignee giving the carrier, and a reconsignor or diverter 
giving a rail carrier, erroneous information about the identity of 
, 
the beneficial owner of the property is liable for the additional rates. 
(b) Liability for payment of rates for transportation for a ship-
ment of property by a shipper or consignor, named in the bill of lading 
as consignee, is determined under this subsection when the transporta-
tion is provided by a rail or express carrier under this subtitle. When 
the shipper or consignor gives written notice, before delivery of the 
property, to the line-haul carrier that is to make ultimate delivery— 
(1) to deliver the property to another party identified by the 
'' shipper or consignor as the beneficial owner of the property; and 
(2) that delivery is to be made to that party on payment of all 
applicable transportation rates; 
that party is liable for the rates billed at the time of delivery and for 
additional rates that may be found to be due after delivery if that 
party does not pay the rates required to be paid under clause (2) of 
this subsection on delivery. However, if the party gives written notice 
to the delivering carrier before delivery that the party is not the bene-
ficial owner of the property and gives the carrier the name and ad-
dress of the beneficial owner, then the party is not liable for those ad-
ditional rates. A shipper, consignor, or party to whom delivery is made 
that gives the delivering carrier erroneous information about the 
identity of the beneficial owner, is liable for the additional rates 
regaidless of the bill of lading or contract under which the property 
was transported. This subsection does not apply to a prepaid shipment 
of property. 
(c) (1) A rail carrier may bring an action to enforce liability under 
subsection (a) of this section. That carrier must bring the action dur-
Post, p. 1452. 
ing the period provided in section 11706(a) of this title or by the end 
of the 6th month after final judgment against it in an action against 
. 
the consignee, or the beneficial owner named by the consignee or agent, 
under that section. 
(2) A water common carrier may bring an action to enforce liability 
under subsection (a) of this section. That carrier must bring the action 
by the end of the 2d year after the claim accrues or by end of the 6th 
month after final judgment against it in an action against the con-
signee or beneficial owner named by the consignee by the end of that 
2-year period. 
(3) A rail or express carrier may bring an action to enforce liability 
under subsection (b) of this section. That carrier must bring the ac-
tion during the period provided in section 11706(a) of this title or 
by the end of the 6th month after final judgment against it in an action 
against the shipper, consignor, or other party under that section. 
49 use 10745. 
§ 10745. Continuous carriage of freight 
A carrier providing transportation or service subject to the jurisdic-
tion of the Interstate Commerce Commission under subchapter I of 
Ante, p. 1359. 
chapter 105 of this title may not enter a combination or arrangement 
to prevent the carriage of freight from being continuous from the 
place of shipment to the place of destination whether by change of 
time schedule, carriage in different cars, or by other means. The car-
PUBLIC LAW 95-473—OCT. 17, 1978 
92 STAT. 1393 
riage of freight by those carriers is considered to be a continuous car-
riage from the place of shipment to the place of destination when a 
break of bulk, stoppage, or interruption is not made in good faith 
for a necessary purpose, and with the intent of avoiding or unneces-
sarily interrupting the continuous carriage or of evading this subtitle. 
§ 10746. Transportation of commodities manufactured or pro- 49 USC 10746. 
duced by a rail carrier 
A rail carrier providing transportation subject to the jurisdiction 
of the Interstate Commerce Commission under subchapter I of chapter 
105 of this title may not transport from a State or territory or posses- ^"*«' P- 1359. 
sion of the United States to another State, territory, or possession or 
a foreign country, an article or commodity that— 
(1) is manufactured, mined, or produced by the carrier or 
under its authority; or 
(2) is owned by the carrier or in which it has an interest. 
However, a rail carrier may transport such an article or commodity 
when it is necessary and intended for use in the business of that car-
rier. This section does not apply to timber and products manufactured Timber products, 
from timber. 
exemption. 
§ 10747. Transportation services or facilities furnished by shipper 
A carrier providing transportation or service subject to the juris-
diction of the Interstate Commerce Commission under chapter 105 
of this title may publish in a tariff filed with the Commission under 
subchapter IV of this chapter a charge or allowance for transporta-
tion or service for property when the owner of the property, directly 
or indirectly, furnishes a service related to or an instrumentality used 
in the transportation or service. The Commission may prescribe the 
maximum reasonable charge or allowance a carrier subject to its juris-
diction may pay for a service or instrumentality furnished under this 
section. The Commission may begin a proceeding under this section 
on its own initiative or on application. 
§ 10748. Transportation of livestock by rail carrier 
(a) Transportation entirely by railroad of ordinary livestock in 
carload lots to public stockyards shall include necessary services of 
unloading and reloading in route, delivery of inbound shipments at 
those stockyards into suitable pens, and receiving and loading out-
bound shipments at those stockyards. A rail carrier providing trans-
portation subject to the jurisdiction of the Interstate Commerce Com-
mission under subchapter I of chapter 105 of this title may charge a 
shipper, consignee, or owner an extra amount for those services only 
if, under Commission regulations, the unloading or reloading in route 
is at the request of the shipper, consignee, or owner, to try an inter-
mediate market, or to comply with quarantine regulations. 
(b) Subsection (a) of this section does not affect the duties and 
liabilities of a rail carrier in existence on February 28, 1920, under a 
law related to the transportation of other than ordinary livestock or 
the duty of providing transportation for shipments other than ship-
ments to or from public stockyards. 
§ 10749. Exchange of services and limitation on use of common 
carriers by freight forwarders 
(a) A common carrier providing transportation or service subject 
to the jurisdiction of the Interstate Commerce Commission under 
chapter 105 of this title may contract with a telephone, telegraph, or 
cable company to exchange services. 
49 u s e 10747. 
Ante, p. 1358. 
Ante, p. 1369. 
Maximum charge 
or allowance. 
Proceeding. 
49 USC 10748. 
49 USC 10749. 
39-194 O—80—pt. 2 
8 : QL3 
92 STAT. 1394 
PUBLIC LAW 95-473—OCT. 17, 1978 
(b) A freight forwarder providing service subject to the jurisdic-
tion of the Commission under subchapter IV of chapter 105 of this 
Ante, p. 1369. 
title may use a carrier, including a carrier referred to in this subsection, 
to transfer, collect, or deliver in a terminal area. However, to provide 
other services, a freight forwarder may only use— 
-. 
.; ; . 
(1) ^ rail, express, motor, or water common carrier providing 
transportation subject to the jurisdiction of the Commission under 
chapter 105 of this title including— 
(A) a motor common carrier providing exempt transpor-
Ante, pp. 1363, 
tation under section 10525 or 10526 (a)(8) of this title; or 
1365. 
(B) a water common carrier providing exempt transporta-
Ante, p. 1366. 
tion under section 10542(a) of this title or transportation be-
tween places in Alaska or Hawaii and between those places 
and other places in the United States; 
(2) an air carrier subject to the jurisdiction of the Civil Aero-
49 use 1301 et 
nautics Board under chapter 20 of this title; or 
seq- 
(3) the Alaska Kailroad. 
^ 
• 
li 
49 use 10750. 
§ 10750. Demurrage charges 
Rules. 
A rail carrier providing transportation subject to the jurisdiction 
of the Interstate Commerce Commission under subchapter I of chap-
Ante, p. 1359. 
ter 105 of this title shall compute demurrage charges, and establish 
rules related to those charges, in a way that fulfills the national needs 
related to— 
(1) freight car use and distribution; and 
(2) maintenance of an adequate supply of freight cars to be 
available for transportation of property. 
« 1 
""^"" ''- 
SUBCHAPTER I \ ^ T A R I F F S AND TRAFFIC 
49 use 10761. 
§ 10761. Transportation prohibited without tariff 
(a) Except as provided in this subtitle, a carrier providing trans-
portation or service subject to the jurisdiction of the Interstate Com-
merce Commission under chapter 105 of this title shall provide that 
transportation or service only if the rate for the transportation or 
service is contained in a tariff that is in effect under this subchapter. 
That carrier may not charge or receive a different compensation for 
that transportation or service than the rate specified in the tariff 
whether by returning a part of that rate to a person, giving a person 
a privilege, allowing the use of a facility that affects the value of 
that transportation or service, or another device. 
Relief. 
(b) The Commission may grant relief from subsection (a) of this 
section to contract carriers when relief is consistent with the public 
Ante, p. 1337. 
interest and the transportation policy of section 10101 of this title. 
Proceeding. 
The Commission may begin a proceeding under this subsection on 
application of a contract carrier or group of contract carriers and on 
its own initiative for a water contract carrier or group of water 
contract carriers. 
49 use 10762. 
§10762. General tariff requirements 
-
Rates, 
(a) (1) A carrier providing transportation or service subject to the 
publication and 
jurisdiction of the Interstate Commerce Commission under chapter 
""°8- 
105 of this title (except a motor common carrier) shall publish and 
file with the Commission tariffs containing the rates and (A) if a 
common carrier, classifications, rules, and practices related to those 
rates, and (B) if a contract carrier, rules and practices related to 
those rates, established under this chapter for transportation or 
PUBLIC LAW 95-473—OCT. 17, 1978 
92 STAT. 1395 
service it may provide under this subtitle. A motor comLmon carrier 
shall publish and file with the Commission tariffs containing the rates 
for transportation it may provide under this subtitle. The Commission 
may prescribe other information that motor common carriers shall 
include in their tariff's. A motor contract carrier that serves only one 
shipper and has provided continuous transportation to that shipper 
for at least one year may file only its minimum rates unless the Com-
mission finds that filing of actual rates is required in the public 
interest. 
(2) Carriers that publish tariffs under paragraph (1) of this sub-
section shall keep them open for public inspection. A rate contained 
in a tariff filed by a common carrier providing transportation or 
service subject to the jurisdiction of the Commission under subchap-
ter II, III, or IV of chapter 105 shall be stated in money of the 
United States. A tariff filed by a motor or water contract carrier or 
by a freight forwarder providing transportation or service subject 
to the jurisdiction of the Commission under subchapter II, III, or 
IV of that chapter, respectively, may not become effective for 30 days 
after it is filed. 
(b) (1) The Commission shall prescribe the form and manner of pub-
lishing, filing, and keeping tariffs open for public inspection under this 
section. Tlie Commission may prescribe specific charges to be identified 
in a tariff published by a common carrier providing transportation or 
service subject to its jurisdiction under subchapter I, III, or IV of that 
chapter, but those tariffs must identify plainly— 
(A) the places between which property and passengers will be 
transported; 
(B) terminal, storage, and icing charges (stated separately) 
if a carrier providing transportation subject to the jurisdiction 
of the Commission under subchapter I of that chapter; 
(C) terminal charges if a common carrier providing transporta-
tion or service subject to the jurisdiction of the Commission under 
subchapter III or IV of that chapter ; 
(D) privileges given and facilities allowed; and 
(E) any rules that change, affect, or determine any part of the 
published rate. 
(2) A joint tariff filed by a carrier providing transportation subject 
to the jurisdiction of the Commission under subchapter I of that chap-
ter shall identify the carriers that are parties to it. The carriers that 
are parties to a joint tariff, other than the carrier filing it, must file a 
concurrence or acceptance of the tariff with the Commission but are 
not required to file a copy of the tariff. The Commission may prescribe 
or approve what constitutes a concurrence or acceptance. 
(c) (1) When a common carrier providing transportation or service 
subject to the jurisdiction of the Commission (A) under subchapter I 
of chapter 105 of this title proposes to change a rate, or (B) under 
another subchapter of that chapter proposes to change a rate, classifi-
cation, rule, or practice, the carrier shall publish, file, and keep open 
for public inspection a notice of the proposed change as required under 
subsections (a) and (b) of this section. 
(2) When a contract carrier providing f 
lansportation subject to the 
iurisdiction of the Commission under subchapter II or III of chapter 
105 of this title proposes to establish a new rate or to reduce a rate, 
directly or by changing a rule or practice related to the rate or the 
value of service under the rate, the carrier shall publish, file, and keep 
open for public inspection a notice of the new or reduced rate as re-
quired under subsections (a) and (b) of this section. 
Public inspection. 
Ante, pp. 1361, 
1365, 1369. 
Charges, 
identification. 
Ante, p. 1359. 
Joint tariffs, 
concurrence or 
acceptance. 
Proposed 
changes, notice. 
New or reduced 
rates, notice. 
92 STAT. 1396 
PUBLIC LAW 95-473—OCT. 17, 1978 
Tariff 
simplification, 
regulations. 
Extensions, 
statement to 
Congress. 
Rejections. 
Relief. 
Ante, p. 1337. 
Proceeding. 
49 use 10763. 
Ante, p. 1359. 
(3) A notice filed under this subsection shall plainly identify the 
proposed change or new or reduced rate and indicate its proposed effec-
tive date. A proposed change and a new or reduced rate may not be-
come effective for 30 days after the notice is published, filed, and held 
open as required under subsections (a) and (b) of this section. 
(d) (1) The Cormnission may reduce the 30-day period of subsec-
tions (a) and (c) of this section if cause exists. The Commission 
may change the other requirements of this section if cause exists in 
particular instances or as they apply to special circumstances. 
(2) The Commission ma;^ prescribe regulations for the simplification 
of tariffs by carriers providing transportation subject to its jurisdiction 
under subchapter I of chapter 105 of this title and permit them to 
change rates, classifications, rules, and practices without filing complete 
tariffs that cover matter that is not being changed when the Commis-
sion finds that action to be consistent with the public interest. Those 
carriers may publish new tariffs that incorporate changes or plainly 
indicate the proposed changes in the tariffs then in effect and kept open 
for public inspection. However, the Commission shall require that 
all rates of rail carriers and rail rate-making associations be incorpo-
rated in their individual tariffs by the end of the 2d year after initial 
publication of the rate, or by the end of the 2d year after a change 
in a rate becomes effective, whichever is later. The Commission may 
extend those periods if cause exists, but if it does, it must send a notice 
of the extension and a statement of the reasons for the extension to 
Congress. A rate not incorporated in an individual tariff as required 
by the Commission is void. 
(e) The Commission may reject a tariff submitted to it by a common 
carrier under this section if that tariff violates this section or regulation 
of the Commission carrying out this section. 
(f) The Commission may grant relief from this section to contract 
carriers when relief is consistent with the public interest and the 
transportation policy of section 10101 of this title. The Commission 
may begin a proceeding under this subsection on application of a 
contract carrier or group of contract carriers and on its own initiative 
for a water contract carrier or group of water contract carriers. 
§10763. Designation of certain routes by shippers or Interstate 
Commerce Commission 
(a) (1) When a person delivers property to a rail carrier for trans-
portation subject to the jurisdiction of the Interstate Commerce Com-
mission under subchapter I of chapter 105 of this title, the person 
may direct the carrier to transport the property over an established 
through route. When competing rail lines constitute a part of the 
route, the person shipping the property may designate the lines over 
which the property will be transported. The designation must be in 
writing. A carrier may be directed to transport property over a par-
ticular through route when— 
(A) there are at least 2 through routes over which the property 
could be transported; 
(B) a through rate has been established for transportation 
over each of those through routes; and 
(C) the carrier is a party to those routes and rates. 
(2) A carrier directed to route property transported under para-
graph (1) of this subsection must issue a through bill of lading con-
taining the routing instructions and transport the property according 
to the instructions. When the property is delivered to a connecting 
carrier, that carrier must also receive and transport it according to 
PUBLIC LAW 95-473—OCT. 17, 1978 
92 STAT. 1397 
the routing instructions and deliver it to the next succeeding carrier or 
consignee according to the instructions. 
(b) If no direction is made under subsection (a) of this section, the 
Commission may designate the route over which the property may 
be transported after arrival at the end of the route of one carrier or 
at a junction with the route of another carrier when the property is to 
be delivered to another carrier for further transportation. The Com-
mission may act under this subsection when the public interest and a 
fair distribution of traffic require that action. 
(c) The Commission may prescribe exceptions to the authority of a Exceptions; 
person to direct the movement of traffic under subsection (a) of this 
section. 
§ 10764. Arrangements between carriers: copy to be filed with In- 49 USC 10764. 
terstate Commerce Commission 
(a) (1) A common carrier providing transportation subject to the 
jurisdiction of the Interstate Commerce Commission under sub-
chapter I of chapter 105 of this title shall file with the Commission ^"^*' P- 1^^^-
a copy of each arrangement related to transportation affected by this 
subtitle that the carrier has with another common carrier. The Com-
mission may require other carriers and brokers subject to its juris-
diction under chapter 105 to file a copy of each arrangement related 
to transportation or service affected by this subtitle that they have 
with other persons. 
(2) When the Commission finds that filing a class of arrangements Exception, 
by a carrier subject to its jurisdiction under subchapter I of that chap-
ter is not necessary in the public interest, the Commission may except 
the class from paragraph (1) of this subsection. 
(b) The Commission may disclose the existence or contents of an 
arrangement between a contract carrier and a shipper filed under sub-
section (a) of this section only if the disclosure is— 
(1) limited to those parts of the arrangement that are neces-
sary to indicate the extent of its failure to conform to a tariff then 
in effect under section 10762 of this title; or 
(2) consistent with the public interest and made as a part of 
the record in a formal proceeding. 
§ 10765. Water transportation under arrangements with certain 49 USC 10765. 
other carriers 
(a) The Interstate Commerce Commission may require a common 
carrier providing transportation or service subject to its jurisdiction 
under chapter 105 of this title that makes an arrangement with a water 
carrier (whether or not subject to its jurisdiction under this subtitle) 
providing transportation from a port in the United States to another 
country for the through transportation of property from a place in the 
interior of the United States to another country to make similar ar-
rangements with steamship lines that provide transportation from that 
port to that country. 
(b) A carrier providing transportation subject to the jurisdiction of Tariffs, 
the Commission under subchapter I of chapter 105 of this title that publication and 
transports property from a place in the United States through another pu^hc inspection, 
country to a place in the United States shall publish and keep open for 
public inspection tariffs as required under section 10762 of this title. 
; , 
The tariffs shall identify the through rate established for that trans-
portation to the United States from another country to which the car-
rier accepts property for shipment from the United States. Unless the 
through rates are available for public inspection under that section, 
92 STAT. 1398 
PUBLIC LAW 95-473—OCT. 17, 1978 
49 use 10766. 
Ante, p. 1369. 
Ante, p. 1337. 
Contract, copy 
filing. 
Ante, p. 1361. 
Conditions and 
compensation. 
49 use 10781. 
Ante, p. 1359. 
Classifications. 
the property is subject to customs duties applicable to property pro-
duced in aiiothei" country before the property may be admitted to the 
United States. 
§10766. Freight forwarder traffic agreements 
; • 
(a) A freight forwarder providing service subject to the jurisdiction 
of the Interstate Commerce Commission under subchapter IV of chap-
ter 105 of this title may agree with another freight forwarder to load 
traffic jointly between places served under this subtitle. However, the 
Commission may cancel, suspend, or require changes in the agreement 
when the Commission finds the agreement is inconsistent with the 
transportation policy of section 10101 of this title. 
(b) A freight forwarder providing service subject to the jurisdiction 
of the Commission under that subchapter may contract with motor 
common carriers providing transportation subject to the jurisdiction 
of the Commission under subchapter II of that chapter, to provide 
transportation for the forwarder. A copy of that contract must be 
filed with the Commission. The contract may govern use by the freight 
forwarder of the services and instrumentalities of the motor common 
carrier and the compensation to be paid for the transportation. How-
ever, the parties to a contract must establish reasonable conditions and 
compensation that are consistent with the transportation policy of sec-
tion 10101 of this title and do not unreasonably discriminate against 
a party or another freight forwarder. When a contract under this sub-
section governs line-haul transportation of property for a total dis-
tance of at least 450 highway miles in truckload lots between concen-
tration and break-bulk places, the compensation paid to a motor com-
mon carrier under the contract may not be less than the rate for that 
transportation established under this chapter. When the Commission 
finds that a contract, or its conditions or compensation, under this sub-
section is or will be inconsistent with this subsection, the Commission 
shall prescribe consistent conditions and compensation. 
(c) The Commission may begin a proceeding under this section on 
its O
A
v
n initiative or on complaint. 
, 
SUBCHAPTER 
V—VALUATION 
OF 
PROPERTY 
§10781. Investigation and report by Interstate Commerce 
Commission 
(a) The Interstate Commerce Commission shall investigate, estab-
lish, and report the value of all property owned or used by each carrier 
providing transportation subject to its jurisdiction under subchapter 
I of chapter 105 of this title, except a street, suburban, or interurban 
electric rail carrier not operated as a part of a general railroad system 
of transportation. However, the Commission may investigate, estab-
lish, and report the value of property owned or used by such an elec-
tric rail carrier when the Commission decides that action is desirable 
in the public interest. When the Commission makes an investigation 
required to be made under this section, it must— 
(1) inventory and list the property of that carrier in detail; 
(2) indicate the value established tinder section 10782 of this 
title for that property; and 
(3) classify the physical property under classifications that con-
form, as nearly as practicable, to the classification of expenditures 
prescribed by the Commission for railroads and equipment. 
PUBLIC LAW 95-473—OCT. 17, 1978 
92 STAT. 1399 
(b) Except as provided in subsection (a) of this section, the Com-
mission may prescribe— 
(1) the procedure to be followed when conducting an investi-
gation under this subchapter; 
(2) the form in which to submit the results of the valuation; 
and 
(3) the classification of the elements that make up the estab-
lished value. 
The report for each investigation conducted under this subchapter 
shall indicate the value of the property of each common carrier as 
a whole and separately identify the value of its property in each State 
and territory and possession of the United States in which the prop-
erty is located. 
§ 10782. Requirements for establishing value 
49 USC 10782. 
(a) In carrying out an investigation of a common carrier required 
under section 10781 of this title, the Interstate Commerce Commission 
shall— 
(1) establish, for each piece of property except land owned or 
used by the carrier as a common carrier, the ori^nal cost to date, 
cost of reproduction new and cost of reproduction less deprecia-
tion, and analyze the methods used to establish those costs and the 
reasons for differences among them; 
(2) establish other values, and elements of value, of that prop-
erty and analyze the methods used to establish them and the rea-
sons for differences between them and the cost values established 
under clause (1) of this subsection; 
(3) establish separately from improvements, the original cost 
on the date of dedication to public use, of all lands, rights of 
way, and terminals owned or used by the carrier as a common 
carrier and establish their current value; 
(4) identify property not held by the carrier as a common 
carrier, its original cost, and current value and analyze the meth-
ods of valuation used; 
(5) establish the amount and value of assistance or grant of 
right of way made to the carrier, or to a previous corporation that 
operated its property, by the United States Government or by a 
State, county, or municipal government, or by an individual, as-
sociation, or corporation and the amount and value of any conces-
sion and allowance made by the United States Government or an-
other of those governments in consideration of that assistance; 
and 
(6) identify the grants of land to that carrier, or to a previous 
corporation that operated its property, by the United States Gov-
ernment, or by a State, county, or municipal government, the 
amount of money derived from the sale of part of those grants, the 
value of the unsold parts (established as of the date acquired and 
currently), and the amount and value of any concession and allow-
ance made by the carrier to the United States Government, or 
v 
another of those governments, in consideration of that assistance 
or grant of land. 
(b) The Commission may prescribe elements to consider in establish-
ing the cost to date of property owned or used by a carrier. However, 
in establishing that cost, the Commission shall investigate and include 
in those elements— 
92 STAT. 1400 
PUBLIC LAW 95-473—OCT. 17, 1978 
(1) the history and organization of the corporation that cur-
rently operates the property and of previous corporations that 
\ 
also operated that property; 
(2) increases or decreases of securities during reorganization 
of that corporation or such a previous corporation; 
(3) money received through the issuance of securities by that 
corporation or such a previous corporation; 
(4) syndicating, banking, and other financial arrangements 
under which tliose securities were issued and the expenses 
thereof; 
(5) the net and gross earnings of those corporations; and 
(6) the expenditure of all money and the purposes of those 
expenditures in as much detail as the Commission determines to 
be necessary. 
49 use 10783. 
§ 10783. Cooperation and assistance of carriers 
(a) Each common carrier providing transportation subject to the 
jurisdiction of the Interstate Commerce Commission under subchapter 
Ante, p. 1359. 
I of chapter 105 of this title shall cooperate with and assist the Com-
mission in valuing property under this subchapter. The Commission 
may order those carriers to— 
(1) give to the Commission maps, profiles, contracts, engineer-
ing reports, and other records to assist it in investigating and 
establishing the value of that carrier's property; and 
(2) assist the Commission in valuing property under this sub-
chapter in other ways, including giving its agents free access to 
its right-of-way, property, and records on request. 
(b) A rail carrier whose property is being valued under this sub-
chapter shall— 
(1) transport employees of the United States Government Avho 
are making surveys and other examinations of the physical prop-
erty of that carrier in the course of that valuation when reasonably 
required by them in the actual discharge of their duties; 
(2) transport and store the cars of the United States Govern-
ment that are used to house and maintain those employees when 
reasonably required during the valuation; and 
(3) transport supplies necessary to maintain those employees 
and the property of the United States Government actually used 
on the railroad during the valuation. 
Special service, 
(c) The transportation required to be provided under subsection 
compensation 
(b) of this section is considered a special service for which the Com-
and accounting. 
mission may prescribe the compensation to be paid. A rail carrier 
shall give the Commission an accurate accounting of the transporta-
tion provided under this section when required by the Commission. 
Records 
(d) The Commission shall keep records compiled under this sub-
inspection, 
chapter open for public inspection. However, the Commission may 
order those records closed to the public but must state its reasons for 
closing them. 
49 use 10784. 
§ 10784. Revision of property valuations 
(a) When the Interstate Commerce Commission completes an ini-
tial valuation of property under this subchapter, it shall thereafter 
correct, revise, and supplement that valuation, including previous 
inventories and classifications, by keeping itself informed of new 
\ construction, changes in condition, quantity, use, and classification of 
PUBLIC LAW 95-473—OCT. 17, 1978 
92 STAT. 1401 
property on which an initial vakiation was made and the cost of all 
improvements to, and changes in investment, in that property. The 
Commission may keep itself informed of current changes in costs and 
values of railroad property to carry out this section. 
(b) The Commission may order a carrier providing transportation Reports, 
subject to the jurisdiction of the Commission under subchapter I of 
chapter 105 of this title to give it reports and information needed to Ante, p. 1359. 
carry out this section. 
§ 10785. Finality of valuation: notice, protest, and review 
49 USC 10785. 
(a) The Interstate Commerce Commission shall notify the carrier, 
the Attorney General, and the chief executive officer of each State in 
which property being valued under this subchapter is located, of the 
completion of a tentative valuation of that property. The Commission 
may also notify other parties. The notice must be sent by certified 
mail and must indicate the valuation established for each of that car-
rier's classes of property. A valuation of property under this sub-
chapter becomes final if a protest is not filed within 30 days after notice 
of the tentative valuation of that property is given. When the tenta-
tive valuation becomes final under this subsection, the effective date 
is the date of the tentative valuation. 
(b) When a carrier files a protest of a tentative valuation, the Com- Proceeding, 
mission shall begin a proceeding to consider the protest. If the Com-
mission decides that a tentative valuation should be changed, it may 
make the necessary changes. The tentative valuation, as changed, be-
comes final and is effective on the date of the final action of the 
Commission under this subsection. 
(c) The Commission shall publish final valuations and classifica- Publication, 
tions of property established under this subchapter. A final valuation 
or classification that has become effective under this subchapter is 
prima facie evidence of the value of the property in a proceeding 
under this subtitle and in a judicial proceeding to enforce, enjoin, set 
aside, annul, or suspend an action of the Commission. 
(d) When evidence is introduced at the trial of an action involving New evidence, 
a final valuation of property established by the Commission and 
found by the court to be different from the evidence offered to the 
Commission during a proceeding under subsection (b) of this section 
or in addition to that evidence and substantially affecting the valua-
tion, the court shall send a copy of that evidence to the Commission 
and stay further proceedings in the action. The court may determine 
the duration of the stay of proceedings. The Commission shall con-
sider the evidence and may change the final valuation established 
under this subchapter. The Commission shall complete its action and 
report to the court in the time determined by the court. If the Com-
mission changes the valuation, the court must substitute the valua- 
, ,,. 
tion as changed for the original valuation and give its judgment on 
the substituted valuation. If the Commission does not change the 
original valuation, the court must give judgment on the original 
valuation. 
§ 10786. Applicability 
49 USC 10786. 
In addition to common carriers providing transportation subject to 
the jurisdiction of the Interstate Commerce Commission under sub-
chapter I of chapter 105 of this title, this subchapter applies to re-
ceivers and operating trustees of those carriers. 
92 STAT. 1402 
PUBLIC LAW 95-473—OCT. 17, 1978 
CHAPTER 109—LICENSING 
SUBCHAPTER I—RAILROADS AND FERRIES 
Sec. 
10901. Authorizing construction and operation of railroad lines. 
10902. Authiorizing action to provide adequate, efficient, and safe facilities. 
10903. Authorizing abandonment and discontinuance of railroad lines and rail 
transportation. 
10904. Filing and procedure for applications to abandon or discontinue. 
10905. Offers of financial assistance to avoid abandonment and discontinuance. 
10906. Offering abandoned rail properties for sale for public purposes. 
10907. Exceptions. 
10908. Discontinuing or changing interstate train or ferry transportation subject 
to State law. 
10909. Discontinuing or changing train or ferry transportation in one State. 
SUBCHAPTER II—OTHER CARRIERS 
AND MOTOR 
CARRIER BROKERS 
10921. Requirement for certificate, permit, or license. 
10922. Certificates of motor and water common carriers. 
10923. Permits of motor and water contract carriers and freight forwarders. 
10924. Licenses of motor carrier brokers. 
, 
5 , . 
10925. Effective periods of certificates, permits, and licenses. 
10926. Transfers of certificates and permits. 
10927. Security of motor carriers, brokers, and freight forwarders. 
. . 
10928. Temporary authority for motor and water carriers. 
10929. Temporary authority for previously exempt water transportation. 
10930. Limitations on certificates and permits. 
10931. Motor common carriers providing transportation entirely in one State. 
10932. Motor carrier savings provisions. 
10933. Authorizing abandonment of freight forwarder service. 
SUBCHAPTER I—RAILROADS AND FERRIES 
49 use 10901. 
§ 10901. Authorizing construction and operation of railroad lines 
(a) A rail carrier providing transportation subject to the jurisdic-
• 
tion of the Interstate Commerce Commission under subchapter I of 
Ante, p. 1359 
chapter 105 of this title may— 
(1) construct an extension to any of its railroad lines; 
(2) construct an additional railroad line; 
(3) acquire or operate an extended or additional railroad line; 
or 
(4) provide transportation over, or by means of, an extended 
or additional railroad line; 
only if the Commission finds that the present or future public con-
venience and necessity require or will be enhanced by the construc-
tion or acquisition (or both) and operation of the railroad line. 
Application, 
(b) A proceeding to grant authority under subsection (a) of this 
filing- 
section begins when an application is filed. On receiving the applica-
tion, the Commission shall— 
(1) send a copy of the application to the chief executive officer 
of each State that would be directly affected by the construction or 
operation of the railroad line; 
Publication in 
(2) send an accurate and understandable summary of the ap-
newspaper. 
plication to a newspaper of general circulation in each area that 
would be affected by the construction or operation of the railroad 
line; 
Publication in 
(3) have a copy of the summary published in the Federal 
Federal Register. 
R e g i s t e r ; 
PUBLIC LAW 95-473—OCT. 17, 1978 
92 STAT. 1403 
Certificate 
issuance. 
49 use 10902. 
(4) take other reasonable and effective steps to publicize the 
• 
application; and 
(5) indicate in each transmission and publication that each 
interested person is entitled to recommend to the Commission 
i' that it approve, deny, or take other action concerning the 
application, 
(c) (1) If the Commission— 
(A) finds public convenience and necessity, it may— 
(i) approve the application as filed; or 
(ii) approve the application with modifications and re-
quire compliance with conditions the Commission finds neces-
sary in the public interest; or 
(B) fails to find public convenience and necessity, it may deny 
the application. 
(2) On approval, the Commission shall issue to the rail carrier a 
certificate describing the construction or acquisition (or both) and 
operation approved by the Commission. 
§ 10902. Authorizing action to provide adequate, efficient, and safe 
facilities 
The Interstate Commerce Commission may authorize a rail carrier 
providing transportation subject to the jurisdiction of the Commis-
sion under subchapter I of chapter 105 of this title to take action Ante, p. 1359. 
necessary to provide adequate, efficient, and safe facilities to enable 
the rail carrier to perform its obligations under this subtitle, including 
extension of any of the carrier's railroad lines after issuance of a 
certificate under section 10901 of this title. The Commission may 
authorize a rail carrier to act under this section only if it finds that 
the expense involved will not impair the ability of the carrier to 
perform its obligations to the public. The Commission may conduct Proceeding, 
a proceeding on its own initiative or on application of an interested 
party. 
§ 10903. Authorizing abandonment and discontinuance of railroad 49 USC 10903. 
lines and rail transportation 
(a) A rail carrier providing transportation subject to the jurisdic-
tion of the Interstate Commerce Commission under subchapter I of 
chapter 105 of this title may— 
(1) abandon any part of its railroad lines; or 
(2) discontinue the operation of all rail transportation over any 
part of its railroad lines; 
only if the Commission finds that the present or future public con-
venience and necessity require or permit the abandonment or discon-
tinuance. In making the finding, the Commission shall consider Adverse impact, 
whether the abandonment or discontinuance will have a serious, ad-
verse impact on rural and community development. 
(b) (1) A proceeding to grant authority under subsection (a) of this Proceeding, 
section begins on application filed with the Commission. Subject to 
sections 10904-10906 of this title, if the Commission— 
(A) finds public convenience and necessity, it shall— 
. 
(i) approve the application as filed; or 
,; 
(ii) approve the application with modifications and re-
quire compliance with conditions that the Commission finds 
are required by public convenience and necessity; or 
(B) fails to find public convenience and necessity, it shall deny 
the application. 
92 STAT. 1404 
PUBLIC LAW 95-473—OCT. 17, 1978 
Certificate. 
(2) On approval, the Commission shall issue to the rail carrier a 
certificate describing the abandonment or discontinuance approved 
by the Commission. Each certificate shall also contain provisions to 
protect the interests of employees. The provisions shall be at least as 
beneficial to those interests as the provisions established under section 
Post, p. 1439 
11347 of this title and section 565 (b) Of title 45. 
(c) Except as provided in sections 10905 and 10906 of this title— 
(1) if a certificate is issued without an investigation under 
section 10904(c) of this title, the abandonment or discontinuance 
may take effect under the certificate on the 30th day after the 
issuance of the certificate; or 
(2) if a certificate is issued after an investigation under sec-
tion 10904(c) of this title, the abandonment or discontinuance 
may take effect under the certificate on the 120th day after the issu-
ance of the certificate. 
49 use 10904. 
§ 10904. Filing and procedure for applications to abandon or 
discontinue 
(a)(1) An application for a certificate of abandonment or dis-
continuance under section 10903 of this title, and a notice of intent 
to abandon or discontinue, must be filed with the Interstate Com-
merce Commission at least 60 days before the day on which the aban-
f 1 
donment or discontinuance is to become effective. 
(2) When a rail carrier providing transportation subject to the 
jurisdiction of the Commission under subchapter I of chapter 105 of 
this title files an application and notice of intent, the notice shall 
include— 
(A) an accurate and understandable summary of the rail 
carrier's application and the reasons for the proposed abandon-
ment or discontinuance; and 
' 
(B) a
- statement indicating that each interested person is 
entitled to recommend to the Commission that it approve, deny, 
or take other action concerning the application. 
(3) The rail carrier shall— 
(A) send by certified mail a copy of the notice of intent to the 
chief executive officer of each State that would be directly affected 
by the proposed abandonment or discontinuance; 
(B) pos;t a copy of the notice in each terminal and station on 
each portion of a railroad line proposed to be abandoned or over 
which all transportation is to be discontinued; 
(C) publish a copy of the notice for 3 consecutive weeks in a 
newspaper of general circulation in each county in which each 
such portion is located; 
(D) mail a copy of the notice, to the extent practicable, to all 
shippers that have made significant use (as designated by the 
Commission) of the railroad line during the 12 months preceding 
the filing of the application; and 
' 
(E) attach to the notice filed with the Commission an affidavit 
certifying the manner in which clauses (A)-(D) of this para-
graph have been satisfied. 
(b) The burden is on the person applying for the certificate 
to prove that the present or future public convenience and necessity 
require or permit the abandonment or discontinuance* 
(c) (1) During the period between the date the application is filed 
through the day immediately before the date proposed in the applica-
tion that the abandonment or discontinuance become effective, the 
dommission shall, on petition, and may, on its own initiative, begin 
PUBLIC LAW 95-473—OCT. 17, 1978 
92 STAT. 1405 
an investigation to assist it in determining what disj)osition to make 
of the application. The order to conduct the investigation must be 
served on any affected rail carrier not later than the 5th day before the 
proposed effective date of the abandonment or discontinuance. An in-
vestigation may include public hearings at any location reasonably 
adjacent to the railroad line involved in the abandonment or discon-
tinuance. The hearing may be held on the request of an interested party 
or on the initiative of the Commission. 
(2) If an investigation is not conducted, the Commission shall act 
under section 10903(b) of this title by the last day of the period re-
ferred to in paragraph (1) of this subsection. If an investigation is to 
be conducted, the Commission shall postpone the proposed effective 
date of any part of the abandonment or discontinuance. The postpone-
ment shall be for a reasonable period of time necessary to complete 
the investigation. 
(d)(1) In this subsection, "potentially subject to abandonment" 
has the meaning given the term in regulations of the Commission. The 
regulations may include standards that vary by region of the United 
States and by railroad or group of railroads. 
(2) Each rail carrier shall maintain a complete diagram of the 
transportation system operated, directly or indirectly, by the carrier. 
The carrier shall submit to the Commission and publish amendments 
to its diagram that are necessary to maintain the accuracy of the dia-
gram. The diagram shall— 
(A) include a detailed description of each of its railroad lines 
potentially subject to abandonment; and 
(B) identify each railroad line for which the carrier plans to 
file an application for a certificate under subsection (a) of this 
section. 
(3) If an application for a certificate is opposed by— 
(A) a shipper or other person that has made significant use 
(as determined by the Commission) of the railroad fine involved 
in the proposed abandonment or discontinuance during the 12-
month period before the filing of the application for a certifi-
cate; or 
(B) a State or political subdivision of a State in which any part 
of the railroad line is located; 
the Commission may issue a certificate under section 10903 of this title 
only if the railroad line has been described and identified in the dia-
gram or amendment to the diagram of the rail carrier that was sub-
mitted to the Commission at least 4 months before the date on which 
the application was filed. 
§ 10905. 0£fers of financial assistance to avoid abandonment and 
discontinuance 
(a) In this section— 
(1) "avoidable cost" means all expenses that would be incurred 
by a rail carrier in providing transportation that would not be 
incurred if the railroad line over which the transportation was 
provided were abandoned or if the transportation were discon-
tinued. Expenses include cash inflows foregone and cash outflows 
incurred by the rail carrier as a result of not abandoning or dis-
continuing the transportation. Cash inflows foregone and cash 
outflows incurred include— 
(A) working capital and required capital expenditure; 
(B) expenditures to eliminate deferred maintenance; 
"Potentially 
subject to 
abandonment.' 
49 use 10905. 
"Avoidable 
cost." 
92 STAT. 1406 
PUBLIC LAW 95-473—OCT. 17, 1978 
"Reasonable 
return." 
Publication in 
Federal Register. 
49 use 10906. 
(C) the current cost of freight cars, locomotives, and 
• . 
other equipment; and 
(D) the foregone tax benefits from not retiring properties 
from rail service and other effects of applicable Federal and 
State income taxes. 
(2) "reasonable return" means— 
(A) if a rail carrier is not in reorganization, the cost of 
capital to the rail carrier, as determined by the Interstate 
Commerce Commission; and 
(B) if a rail carrier is in reorganization, the mean cost of 
capital of rail carriers not in reorganization, as determined by 
the Commission. 
(b) When the Commission finds under section 10903 of this title 
that the present or future public convenience and necessity require 
or permit abandonment or discontinuance, it shall publish the finding 
in the Federal Register. If, within 30 days after the publication, the 
Commission finds that— 
(1) a financially responsible person (including a governmental 
authority) has offered financial assistance to enable the rail trans-
portation to be continued over that part of the railroad line to be 
abandoned or over which all rail transportation is to be discon-
tinued: and 
(2) it is likely that the assistance would be equal to— 
(A) the difference between the revenues attributable to 
• • ;: 
that part of the railroad line and the avoidable cost of pro-
viding rail freight transportation on the line, plus a reason-
able return on the value of the line; or 
(B) the acquisition cost of that part of the railroad line; 
the Commission shall postpone the issuance of a certificate authorizing 
abandonment or discontinuance for a reasonable time, not to exceed 
6 months, to enable the person or governmental authority to enter into 
an agreement with the rail carrier to provide the assistance or to buy 
that part of the railroad line and to continue to provide rail transporta-
tion over the line. Thereafter, the Commission shall determine the 
extent to which the avoidable cost of providing rail transportation 
plus a reasonable return on the rail properties involved exceed the 
revenues attributable to the railroad line or the rail transportation 
proposed to be abandoned or discontinued. On notice to the Commis-
sion that such an agreement has been executed, the Commission shall 
further postpone the issuance of the certificate as long as the agree-
ment, or an extension or modification of the agreement, is in effect. 
(c) The rail carrier shall provide promptly to a party considering 
offering financial assistance under subsection (b) of this section— 
(1) its most recent reports on the physical condition of that 
part of the railroad line involved in the proposed abandonment 
- 
or discontinuance; and 
(2) traffic, revenue, and other data necessary to determine the 
amount of financial assistance that would be required to continue 
rail transportation over that part of the railroad line. 
§10906. Offering abandoned rail properties for sale for public 
purposes 
When the Interstate Commerce Commission finds under section 
10903 of this title that the present or future public convenience and 
necessity require or permit abandonment or discontinuance, the Com-
mission shall find further whether the rail properties that are in-
PUBLIC LAW 95-473—OCT. 17, 1978 
92 STAT. 1407 
volved in the proposed abandonment or discontinuance are suitable 
for use for public purposes, including highways, other forms of mass 
transportation, conservation, energy production or transmission, or 
recreation. If the Commission finds that the rail properties proposed 
to be abandoned are suitable for public purposes^ the properties may 
be sold, leased, exchanged, or otherwise disposed of only under con-
ditions provided in the order of the Commission. The conditions may 
include a prohibition on any such disposal for a period of not more 
than 180 days after the elFective date of the order, unless the proper-
ties have first been offered, on reasonable terms, for sale for public 
purposes. 
§10907. Exceptions 
49 USC 10907. 
(a) Notwithstanding sections 10901 and 10902 and subchapter III 
of chapter 113 of this title, and without the approval of the Interstate 
Commerce Comonission, a rail carrier providing transportation sub-
ject to the jurisdiction of the Commission under subchapter I of 
chapter 105 of this title may enter into arrangements for the joint ^nte, p. 1359. 
ownership or joint use of spur, industrial, team, switching, or side 
tracks. 
(b) The Commission does not have authority under sections 10901-
10906 of this title over— 
(1) the construction, acquisition, operation, abandonment, or 
' 
discontinuance of spur, industrial, team, switching, or side tracks 
if the tracks are located, or intended to be located, entirely in one 
State; or 
(2) a street, suburban, or interurban electric railway that is not 
operated as part of a general system of rail transportation. 
§ 10908. Discontinuing or changing interstate train or ferry trans- 49 USC 10908. 
porfation subject to State law 
(a) When a discontinuance or change in any part of the transporta-
tion of a train or ferry operating between a place in a State and a place 
in another State— 
(1) is proposed by a carrier providing transportation subject 
to the jurisdiction of the Interstate Commerce Commission under 
subchapter I of chapter 105 of this title; and 
(2) is subject to the law" of a State, or to a regulation or order 
of, or proceeding pending before, a court or other authority of a 
State; 
the carrier, notwithstanding that law, regulation, order, or proceeding, 
may discontinue or change the transportation— 
(A) if it files a notice of the proposed discontinuance or change 
., with the Commission at least 30 days before the discontinuance 
or change is intended to be effective and carries out the discon-
tinuance or change under that notice; 
(B) if it mails a copy of the notice to the chief executive officer 
of each State in which the train or feriy is operated and posts a 
copy of the notice at each station, depot, or other facility served 
by the train or ferry; and 
(C) except as otherwise provided by the Commission under this 
section. 
(b) On petition or on its own initiative, the Commission may conduct 
a proceeding on the proposed discontinuance or change if it begins the 
proceeding between the date the carrier files the notice under subsec-
tion (a) of this section and the date on which the discontinuance or 
92 STAT. 1408 
PUBLIC LAW 95-473—OCT. 17, 1978 
change is intended to be effective. After the proceeding begins, the 
Commission may order the carrier proposing the discontinuance or 
change to continue any part of the transportation pending completion 
of the proceeding and the decision of the Commission if the Com-
mission serves a copy of its order on the carrier at least 10 days before 
the date on which the carrier intended the discontinuance or change 
to be effective. However, the Commission may not order the transpor-
tation continued for more than 4 months after the date on which the 
carrier intended the discontinuance or change to be effective. 
(c) If, after a proceeding completed either before or after the pro-
posed discontinuance or change has become effective, the Commission 
finds that any part of the transportation is required or permitted by 
present or future public convenience and necessity and will not unrea-
sonably burden interstate or foreign commerce, the Commission may 
order the carrier to continue or restore that transportation for not to 
exceed one year from the date of the Commission order. On expiration 
of the Commission order, the jurisdiction of each State involved in the 
discontinuance or change is no longer superseded except to the extent 
this section is again invoked. 
49 use 10909. 
§ 10909. Discontinuing or changing train or ferry transportation 
in one State 
(a) When a carrier providing transportation subject to the juris-
diction of the Interstate Commerce Commission under subchapter I 
Ante, p. 1359. 
of chapter 105 of this title has proposed a discontinuance or change 
of any part of the transportation of a train or ferry operated by it 
entirely in one State and— 
(1) the law of the State prohibits the discontinuance or change; 
^ . , :, 
(2) the carrier has requested the State authority having juris-
diction over the discontinuance or change for permission to dis-
continue or change the transportation and the request has been 
denied; or 
(3) the State authority has not acted finally by the 120th day 
after the carrier made the request; 
\ 
the carrier may petition the Commission for permission to discon-
tinue or change the transportation. 
Notification. 
(b) When a petition is filed under subsection (a) of this section, 
the Commission shall notify the chief executive officer of the State in 
Hearing 
which the train or ferry is operated concerning the petition. Before 
opportunity. 
acting on the petition, the Commission shall give interested parties 
a full hearing. If such a hearing is requested, the Commission shall 
give all interested parties at least 30 days notice of the hearing and 
shall hold the hearing in the State in which the train or ferry is 
operated. The Commission may cooperate with, and use the services, 
records, and facilities of, the State in carrying out this section. 
(c) The Commission may grant permission to the carrier to dis-
continue or change any part of the transportation if the Commission 
finds that— 
(1) the present or future public convenience and necessity re-
quire or permit the discontinuance or change to be authorized 
by the Commission; and 
(2) continuing the transportation, without the proposed dis-
continuance or change, will constitute an unreasonable burden on 
the interstate operations of the carrier or on interstate commerce. 
49 use 10921. 
Ante, pp. 1361, 
1365, 1369. 
49 use 10922. 
PUBLIC LAW 95-473—OCT. 17, 1978 
92 STAT. 1409 
SUBCHAPTER 
II—OTHER 
CARRIERS 
AND 
MOTOR 
CARRIER BROKERS 
§ 10921. Requirement for certificate, permit, or license 
Except as provided in this subchapter or another law, a person may 
provide transportation or service subject to the jurisdiction of the 
Interstate Commerce Commission under subchapter II, III, or IV 
of chapter 105 of this title or be a broker for transportation subject 
to the jurisdiction of the Commission under subchapter II of that 
chapter, only if the person holds the appropriate certificate, permit, 
or license issued under this subchapter authorizing the transportation 
or service. 
§ 10922. Certificates of motor and water common carriers 
(a) Except as provided in this section and section 10930(a) of this 
title, the Interstate Commerce Commission shall issue a certificate to 
a person authorizing that person to provide transportation subject 
to the jurisdiction of the Commission under subchapter II or III of 
chapter 105 of this title as a motor common carrier or water common 
carrier, respectively, if the Commission finds that— 
(1) the person is fit, willing, and able— 
(A) to provide the transportation to be authorized by the 
certificate; and 
(B) to comply with this subtitle and regulations of the 
Commission; and 
(2) the transportation to be provided under the certificate is 
or will be required by the present or future public convenience and 
necessity. 
(b) A person must file an application with the Commission for a Applications, 
certificate to provide transportation as a motor common carrier or 
water common carrier. The Commission may approve any part of the 
application or deny the application. The application must— 
(1) be under oath; 
.., , j '^« 
(2) contain information required by Commission regulations; 
and 
(3) be served on persons designated by the Commission. 
(c) (1) Subject to section 10927(a) of this title, each certificate 
issued to a person to provide transportation as a motor common car-
rier shall specify— 
(A) the transportation to be provided by the carrier; 
(B) any of the regular routes over which, any of the places be-
tween which, and off-route places at which, the carrier may pro-
vide transportation; and 
(C) if transportation is not" over regular routes or between 
specified places, the area in which the carrier may provide 
transportation. 
(2) Under regulations of the Commission, a motor common car-
rier may occasionally deviate from the regular routes, or the places 
specified in the certificate, or both. 
(3) If a motor common carrier transports passengers, the Com-
mission may authorize transportation of the passengers only over a 
regular route and between specified places, except to the extent the 
carrier is authorized to provide special or charter transportation. 
39-194 O—80—pt. 2 
9 : QL3 
92 STAT. 1410 
PUBLIC LAW 95-473—OCT. 17, 1978 
49 use 10923. 
Ante, pp. 1361, 
1365. 
Ante, p. 1369. 
Ante, p. 1337. 
Applications. 
(4) A certificate of a motor common carrier to transport passengers 
may include authority to transport— 
(A) newspapers, baggage of passengers, express, or mail in the 
same motor vehicle with the passengers; and 
(B) baggage of passengers in a separate motor vehicle. 
(d) Each certificate issued to a person to provide transportation 
as a water common carrier shall specify each route over which, and 
each port between which, the carrier may provide transportation. 
(e) (1) A motor common carrier may provide transportation under 
a certificate only if the carrier complies with conditions the Commis-
sion finds are required by public convenience and necessity, including 
conditions— 
(A) on extending routes of the carrier; and 
(B) to carry out requirements established by the Commission 
under this subtitle. 
(2) The Commission may prescribe necessary conditions under 
which a water common carrier provides transportation, including 
conditions on extending routes of the carrier. 
(3) The Commission may prescribe conditions when the certificate 
is issued and at any time thereafter. The Commission may not pre-
scribe a condition preventing— 
(A) a motor common carrier or water common carrier from 
adding to its equipment and facilities or its transportation within 
the scope of the certificate to satisfy business development and 
public demand; or 
(B) a water common carrier, if the carrier has authority to 
provide transportation O
A er completed parts of a waterway proj-
ect authorized under law, from extending its transportation over 
the uncompleted parts of the project when opened tor navigation 
to satisfy business development and public demand. 
(f) A certificate issued under this section does not confer a proprie-
tary or exclusive right to use the public highways or public waterways. 
§ 10923. Permits of motor and water contract carriers and freight 
forwarders 
(a) Except as provided in this section and section 10930 of this title, 
the Interstate Commerce Commission shall issue a permit to a person 
authorizing the person to provide transportation subject to the juris-
diction of the Commission under subchapter II or III of chapter 105 
of this title as a motor contract carrier or water contract carrier, re-
spectively, or to provide service subject to that jurisdiction under 
subchapter IV of chapter 105 as a freight forwarder, if the Com-
mission finds that— 
(1) the person is fit, willing, and able— 
(A) to provide the transportation or service to be au-
thorized by the permit; and 
(B) to comply with this subtitle and regulations of the 
Commission; and 
(2) the transportation or service to be provided under the 
permit is or will be consistent with the public interest and the 
transportation policy of section 10101 of this title. 
(b) (1) A person must file an application with the Commission for 
a permit to provide transportation as a contract carrier or to provide 
service as a freight forwarder. The Commission may approve any part 
of the application or deny the application. The application must— 
(A) be under oath; 
PUBLIC LAW 95-473—OCT. 17, 1978 
92 STAT. 1411 
r 
(B) contain information required by Commission regulations; 
and 
(C) be served on persons designated by the Commission. 
_{, ,
1
^
^ 
(2) In deciding whether to approve the application of a person for 
a permit as a motor contract carrier, the Commission shall consider— 
(A) the number of shippers to be served by the carrier; 
(B) the nature of the transportation proposed to be provided; 
(C) the effect that granting the permit would have on the 
transportation of carriers protesting the granting of the permit; 
and 
(D) the effect that denying the permit would have on the 
person applying for the permit, its shippers, or both, and the 
changing character of the requirements of those shippers. 
(3) The Commission may not deny any part of an application for a 
freight forwarder permit filed by a corporation controlled by, or under 
common control with— 
^ ^ ^
i
^
^ 
(A) a common carrier providing transportation subject to the 
jurisdiction of the Commission under subchapter I, II, or III of 
chapter 105 of this title, because of the relationship between the Ante, pp. 1359, 
corporation and that carrier; and 
1361, 1365. 
(B) a common carrier providing transportation subject to the 
jurisdiction of the Commission under subchapter I of chapter 105 
only because the service to be provided by the corporation will 
compete with service provided by another freight forwarder 
subject to subchapter IV of that chapter. 
Ante, p. 1369. 
(c) Each permit issued to a person— 
(1) to provide transportation as a motor contract carrier is 
subject to section 10927 (a) of this title and shall specify the trans-
portation to be provided by the carrier; 
(2) to provide transportation as a water contract carrier shall 
specify the transportation to be provided by the carrier; and 
(3) to provide service as a freight forwarder shall specify the 
nature or general description about which the service is to be 
\ 
provided, the area in which, and the areas between which, the 
* 
service may be provided by the freight forwarder. 
(d) (1) The Commission may prescribe necessary conditions under 
which a contract carrier or freight forwarder provides transportation 
or service. The Commission may prescribe the conditions when the 
permit is issued and at any time thereafter. 
(2) The permit for a motor contract carrier shall specify necessary 
conditions, including each person or number or class of persons for 
which the carrier may provide transportation— 
(A) to ensure that the carrier provides transportation as a 
motor contract carrier and within the scope of the permit; and 
(B) to carry out requirements established by the Commission 
under this subtitle. 
(3) Subject to the permit and its conditions, a motor contract car-
rier may substitute or add to its equipment and facilities as requests 
for its transportation develop. The Commission may not prescribe a 
, 
^ 
condition preventing— 
(A) a water contract carrier from substituting or adding con-
tracts within the scope of the permit to satisfy the requirements of 
business development and public demand; and 
(B) a water contract carrier or freight forwarder from adding 
^ .. 
to its equipment and facilities, and transportation or service, as 
92 STAT. 1412 
PUBLIC LAW 95-473—OCT. 17, 1978 
the case may be, within the scope of the permit to satisfy the re-
quirements of business development and public demand. 
49 use 10924. 
§ 10924. Licenses of motor carrier brokers 
(a) The Interstate Commerce Commission shall issue, subject to sec-
tion 10927(b) of this title, a license to a person authorizing the person 
to be a broker for transportation subject to the jurisdiction of the 
Ante, p. 1361. 
Commission under subchapter II of chapter 105 of this title, if the 
Commission finds that— 
(1) the person is fit, willing, and able— 
(A) to be a broker for transportation to be authorized 
by the license; and 
(B) to comply with this subtitle and regulations of the 
Commission; and 
(2) the transportation for which the person is to be a broker 
will be consistent with the public interest and the transportation 
Ante, p. 1337. 
policy of section 10101 of this title. 
(b) (1) The broker may provide the transportation itself only if the 
broker also has been issued a certificate or permit to provide the trans-
portation under this subchapter. A broker may use only the transporta-
tion of a motor carrier holding a certificate or permit issued under 
this subchapter. 
(2) This subsection does not apply to a motor carrier having a cer-
tificate or permit issued under this subchapter or to an employee or 
agent of the motor carrier to the extent the transportation is to be pro-
vided entirely by the motor carrier, with other motor carriers holding 
certificates or permits, or with rail, express, or water common carriers. 
(c) A person must file an application with the Commission for a 
license to be a broker for motor carrier transportation. The Comiiiis-
sion may approve the application or any part of it, or deny the 
application. 
(d) Commission regulations shall provide for the protection of 
travelers and shippers by motor vehicle, to be observed by brokers. 
49 use 10925. 
§ 10925. Effective periods of certificates, permits, and licenses 
(a) Each certificate, permit, and license issued under section 10922, 
10923, or 10924 of this title is effective from the date specified in it and 
remains in effect except as otherwise provided in this section. 
(b) On application of the holder of a certificate, permit, or license, 
the Interstate Commerce Commission may amend or revoke any part 
of the certificate, permit, or license. On complaint or on its own mitia-
tive and after notice and an opportunity for a proceeding, the Commis-
sion may suspend, amend, or revoke any part of a certificate, permit, 
or license— 
(1) if a motor carrier, broker, or freight forwarder, for willful 
failure to comply with this subtitle, a regulation or order of 
the Commission, or a condition of its certificate, permit, or license; 
and 
(2) if a water carrier, for willful failure to comply with 
Ante, p. 1371. 
section 10701 (a) or 11101 (a) of this title, a regulation or order of 
the Commission, or a condition of its certificate or permit. 
(c) (1) Except on application of the holder, the Commission may 
revoke a certificate or permit of a motor carrier or freight forwarder, 
or a license of a broker, only after the Commission has issued an order 
Post, p. 1449. 
to the holder under section 11701 of this title requiring compliance 
with this subtitle, a regulation of the Commission, or a condition of the 
PUBLIC LAW 95-473—OCT. 17, 1978 
92 STAT. 1413 
certificate, permit, or license of the holder, and the holder willfully does 
not comply with the order. 
(2) Except on application of the holder, the Commission may sus-
pend, amend, or revoke a certificate or permit of a water carrier only 
after the Commission has issued an order to the holder under section 
11701 of this title requiring compliance with section 10701(a) or Post, p. 1449. 
11101(a) of this title, and the holder willfully does not comply with Ante, p. 1371. 
the order. 
(3) The Commission may act under paragraph (1) or (2) of this 
subsection only after giving the holder of the certificate, permit, or 
license at least 30 days to comply with the order. 
(d) (1) Without regard to subchapter II of chapter 103 of this title Ante, p. 1345. 
and subchapter II of chapter 5 of title 5, the Commission may suspend 5 USC 551. 
a certificate of a motor carrier, a permit of a freight forwarder, 
or a license of a broker— 
(A) if a motor carrier or broker, for failure to comply with 
section 10701,10702, 10761, 10762, 10924(d), or 10927 (b) or (d) 
of this title, or an order or regulation of the Commission pre- Ante, pp. 1371, 
scribed under those sections; and 
1^12, 1394. 
(B) if a freight forwarder, for failure to comply with section 
10762 or 10927 (c) or (d) of this title, or an order or regulation 
of the Commission prescribed under those sections. 
(2) The Commission may suspend the certificate, permit, or license 
only after it gives notice of the suspension to the holder at least 15 
days before the date the suspension is to begin. The suspension remains 
in effect until the holder complies with those applicable sections. 
§ 10926. Transfers of certificates and permits 
49 USC 10926. 
Except as provided in this subtitle, a certificate or permit issued 
under section 10922 or 10923 of this title— 
(1) if a certificate or j)ermit of a motor carrier, may be 
transferred under regulations of the Interstate Commerce 
Commission; 
(2) if a certificate or permit of a water carrier, may be trans-
ferred under regulations prescribed by the Commission to protect 
the public interest and to ensure compliance with this subtitle; 
and 
(3) if a permit of a freight forwarder, may be transferred 
under regulations prescribed by the Commission to ensure com-
pliance with this subtitle, if the Commission finds that the person 
to whom the permit is to be transferred satisfies section 10923 (a) 
and (b) of this title. However, if the proposed transfer would 
affect the interests of employees of a freight forwarder, the Com-
mission shall require a fair and equitable arrangement to protect 
the interests of those employees before the transfer is effective. 
§ 10927. Security of motor carriers, brokers, and freight for- 49 USC 10927. 
warders 
(a) (1) The Interstate Commerce Commission may issue a certificate 
or permit to a motor carrier under section 10922 or 10923 of this title 
i x- pS'j « 
only if the carrier files with the Commission a bond, insurance policy, 
or other type of security approved by the Commission. The security 
nmst be sufficient to pay, not more than the amount of the security, 
for each final judgment against the carrier for bodily injury to, or 
death of, an individual resulting from the negligent operation, 
maintenance, or use of motor vehicles under the certificate or permit, 
or for loss or damage to property (except property referred to in 
92 STAT. 1414 
PUBLIC LAW 95-473—OCT. 17, 1978 
paragraph (3) of this subsection), or both. A certificate or permit 
remains in effect only as long as the carrier satisfies the requirements 
of this paragraph. 
(2) A motor carrier operating in the United States when provid-
ing transportation between places in a foreign country or between a 
place in one foreign country and a place in another foreign country 
Ante, pp. 1351, 
shall comply with the requirements of sections 10329 and 10330 that 
1352. 
apply to a motor carrier providing transportation subject to the juris-
diction of the Commission under subchapter II of chapter 105 of this 
title. To protect the public, the Commission may require any such 
motor carrier to file the type of security that a motor carrier is re-
•
v
*
^ • •
• 
> quired to file under paragraph (1) of this subsection. 
.:' 
(3) The Commission may require a motor common carrier provid-
ing transportation under a certificate to file with the Commission a 
type of security sufficient to pay a shipper or consignee for dam-
age to property of the shipper or consignee placed in the possession of 
the motor common carrier as the result of transportation provided 
'«''6! 
under this subtitle. A carrier required by law to pay a shipper or con-
* 
signee for loss, damage, or default for which a connecting motor com-
mon carrier is responsible is subrogated, to the extent of the amount 
paid, to the rights of the shipper or consignee under any such security. 
(b) The Commission may issue a broker's license to a person under 
section 10924 of this title only if the person files with the Commis-
sion a bond, insurance policy, or other type of security approved by 
the Commission to ensure that the transportation for which a broker 
arranges is provided. The license remains in eff'ect only as long as the 
>,s.ii, 
.g . . broker complies with this subsection. 
(c)(1) The Commission may require a freight forwarder provid-
ing service under a permit issued under section 10923 of this title to 
file with the Commission a bond, insurance policy, or other type of 
security approved by the Commission. The security must be sufficient 
to pay, not more than the amount of the security, for each final judg-
ment against the freight forwarder for bodily injury to, or death of, 
an individual, or loss of, or damage to, property (other than property 
referred to in paragraph (2) of this subsection), resulting from the 
negligent operation, maintenance, or use of motor vehicles by or under 
the direction and control of the freight forwarder when providing 
transfer, collection, or delivery service under this subtitle. 
(2) The Commission may require a freight forwarder providing 
service under a permit to file with the Commission a bond, insurance 
policy, or other type of security approved by the Commission sufficient 
to pay, not more than the amount of the security, for loss of, or damage 
to, property for which the freight forwarder provides service under 
this subtitle. 
(d) The Commission may determine the type and amount of secu-
rity filed with it under this section. 
49 use 10928. 
§ 10928. Temporary authority for motor and water carriers 
Without regard to subchapter II of chapter 103 of this title and 
5 use 551. 
subchapter II of chapter 5 of title 5, the Interstate Commerce Com-
mission may grant a motor carrier or water- carrier temporary author-
ity to provide transportation to a place or in an area having, respec-
tively, no motor carrier or water carrier capable of meeting the 
immediate needs of the place or area. Unless suspended or revoked, the 
Commission may grant the temporary authority foi- not more than 
180 days. A grant of temporary authority does not establish a pre-
PUBLIC LAW 95-473—OCT. 17, 1978 
92 STAT. 1415 
sumption that permanent authority to provide transportation will be 
granted under this subchapter. 
§ 10929. Temporary authority for previously exempt water 49 USC10929. 
transportation 
When transportation exempt from the jurisdiction of the Interstate 
Commerce Commission under section 10544(a)-(c) of this title be- Ante, p. 1368. 
comes subject to the jurisdiction of the Commission, the water carrier 
may continue to provide the transportation without a certificate or 
permit issued under this subchapter for a period of 120 days beginning 
on the day the transportation becomes subject to the jurisdiction of the 
Commission. If the carrier applies to the Commission within that 
period for a certificate or permit to provide the transportation 
previously exempt, the Commission shall issue to the carrier the appro-
priate certificate or permit authorizing the transportation. The Com-
mission shall issue each such certificate and permit without regard to 
subchapter II of chapter 103 of this title and subchapter II of chapter Ante, p. 1345. 
5 of title 5. 
5 use 551. 
§ 10930. Limitations on certificates and permits 
49 USC 10930. 
(a) Except when the Interstate Commerce Commission finds good 
cause consistent with the public interest and the transportation policy 
of section 10101 of this title— 
Ante, p. 1337. 
(1) a person may not hold both a certificate of a motor com-
mon carrier and a permit of a motor contract carrier issued under 
this subchapter, or both a certificate of a water common carrier 
and a permit of a water contract carrier issued under this sub-
chapter, to transport property over the same route or in the same 
area; and 
(2) if a person controls, is controlled by, or is under common 
control with, another person— 
(A) one of them may not hold a certificate of a motor com-
mon carrier, while the other holds a permit of a motor 
contract carrier, to transport property over the same route 
or in the same area; and 
^.'<h:n 
(B) one of them may not hold a certificate of a water com-
mon carrier, while the other holds a permit of a water 
contract carrier, to transport property over the same route or 
in the same area. 
(b) (1) A person may not hold a permit of a freight forwarder is-
sued under this subchapter if the person is a common carrier pro-
viding transportation subject to the jurisdiction of the Commission 
under subchapter I, II, or III of chapter 105 of this title. 
Ante, pp. 1359, 
(2) Except for motor vehicle transportation subject to the ju- 1361, 1365. 
risdiction of the Commission under subchapter IV of chapter 105 Ante, p. 1369. 
of this title by section 10523(a) (2) of this title, a permit may not Ante, p. 1362. 
authorize a freight forwarder to conduct direct rail, water, or motor 
carrier transportation subject to the jurisdiction of the Commission 
under subchapter I, II, or III of that chapter. 
(3) Except when the Commission finds that service to be provided 
as a freight forwarder is consistent with the public interest and the 
transportation policy of section 10101 of this title, a person may not 
hold a permit of a freight forwarder when— 
(A) the principal business of the person is manufacturing and 
selling, or buying and selling, or both manufacturing and selling 
and buying and selling articles or commodities, and the service 
92 STAT. 1416 
PUBLIC LAW 95-473--OCT. 17, 1978 
Publication in 
Federal Register. 
of a freight forwarder (or similar assembling, consolidating, and 
shipping service is provided by the person for its own business) 
i
^
g
^
v
f
. j5,.,r„ 
is commonly used to transport the articles or commodities; or 
(B) the person controls, is controlled by, or is under common 
control with, a person referred to in clause (A) of this paragraph. 
49 use 10931. 
§ 10931. Motor common carriers providing transportation entirely 
in one State 
(a) A motor common carrier may provide transportation subject 
to the jurisdiction of the Interstate Commerce Commission under 
Ante, p. 1361. 
subchapter II of chapter 105 of this title without a certificate issued 
by the Commission under section 10922 of this title, when— 
(1) the carrier provides transportation entirely in one State; 
(2) the carrier is not controlled by, controlling, or under com-
mon control with a carrier providing transportation outside the 
State; 
^
^
J 
(3) the carrier has applied for, and has been issued, a certificate 
of public convenience and necessity by the State authority having 
jurisdiction to issue such a certificate, permitting the carrier to 
provide intrastate transportation by motor vehicle; and 
(4) the intrastate certificate was issued after, and the certificate 
states that— 
(A) notice was given to interested parties through publica-
tion in the Federal Kegister of the filing of the application 
by the carrier and the desire of the carrier to provide trans-
portation otherwise under the jurisdiction of the Commission 
within the limits of the certificate issued by the State author-
ity; 
(B) reasonable opportunity to be heard was given; and 
'*' 
(C) the State authority considered and found that the 
public convenience and necessity require that the carrier be 
permitted to provide transportation under the jurisdiction 
of the Commission within limits that do not exceed the scope 
of the certificate issued by the State authority. 
(b) An interested party that opposed issuing the certificate to a 
motor common carrier in a proceeding before a State authority may 
petition the Commission for reconsideration of a decision of the State 
authority. On reconsideration, the Commission, based on the record be-
fore the State authority, may affirm, reverse, or change that decision, 
but only with respect to the transportation subject to Commission 
jurisdiction. 
(c) The Commission may require, before a motor common carrier 
provides transportation authorized under this section, that— 
(1) a certified copy of the carrier's intrastate certificate and 
other appropriate information be filed with the Commission: and 
(2) the carrier comply with applicable requirements established 
bv the Commission. 
Certificates of 
(d) (1) The Commission shall issue a certificate of registration to a 
registration. 
motor common carrier authori7;ing the carrier to provide transporta-
tion under this section. The authority granted under the certificate is 
subject to all other applicable provisions of this subtitle. Except as 
otherwise provided in this subsection and subchapter TIT of chapter 
113 of this title, the certificate of registration may be transferred if it 
is transferred with the intrastate certificate. Transfer of the intra-
state certificate without the certificate of registration revokes the 
certificate of registration. 
Petitions. 
PUBLIC LAW 95-473—OCT. 17, 1978 
92 STAT. 1417 
(2) The certificate of registration issued by the Commission is valid 
as long as the motor common carrier provides transportation entirely 
in the State from which it received its intrastate certificate and is not 
controlled by, controlling, or under common control with, a carrier 
providing transportation outside the State. 
(e) (1) On the 180th day after the termination, restriction in scope, 
or suspension of the intrastate certificate, the authority granted under 
this section to provide transportation is revoked or likewise restricted 
unless the intrastate certificate is renewed or reissued or the restriction 
is removed by that 180th day. 
(2) Transportation authorized under this section may be suspended 
or revoked by the Commission under section 10925 of this title. 
§ 10932. Motor carrier savings provisions 
49 USC 10932. 
(a) Except as specifically provided in a certificate or permit, the 
holder of a motor carrier certificate or permit issued as the result of 
an application filed before September 2, 1950, authorizing the carrier 
to provide transportation in the United States or between the United 
. •>. 
States and a foreign country (to the extent the transportation is in 
the United States), may provide the transportation between a place 
in the United States and a place in a territory or possession of the 
United States— 
(1) without being authorized to do so by the Interstate Com-
merce Commission; and 
, : .. 
(2) to the same extent and subject to the same conditions of the 
certificate or permit of the carrier. 
-f = ; . . ,, 
(b) (1) A motor common carrier providing transportation under 
an intrastate certificate issued by a State and under a certificate of 
registration issued by the Commission under section 206(a) (7) of the 
Interstate Commerce Act (76 Stat. 912) that has been in effect since Post, p. 1466. 
October 15, 1962, may continue to provide transportation otherwise 
subject to the jurisdiction of the Commission under subchapter II of 
chapter 105 of this title— 
Ante, ip. 1361. 
(A) if the certificate of the State authorizing intrastate trans-
portation is limited to a specified period of time, only for that 
period; 
(B) subject to all other applicable provisions of this subtitle^ 
(C) as long as the carrier provides transportation only in the 
State issuing the intrastate certificate; and 
(D) as long as the carrier is not controlled by, controlling, or 
under conmion control with, a carrier providing transportation 
outside the State. 
(2) Except as provided in subchapter III of chapter 113 of this 
title, the certificate of registration issued by the Commission may be 
transferred if it is transferred with the intrastate certificate. Trans-
fer of the intrastate certificate without the certificate of registration 
revokes the certificate of registration. 
(3) On the 180th day after the termination, restriction in scope, or 
suspension of the intrastate certificate, the authority granted under 
the certificate of registration is revoked or likewise restricted unless 
the intrastate certificate is renewed or reissued or the restriction is re-
moved by that 180th day. The certificate of registration may be sus-
pended or revoked by the Commission under section 10925 of this 
title. 
(c) Under regulations of the Commission, a motor common carrier 
transporting passengers under a certificate issued by the Commission 
92 STAT. 1418 
PUBLIC LAW 95-473—OCT. 17, 1978 
as the result of an application filed before January 2, 1967, or under 
a reissuance of the operating authority provided in the certificate, may 
provide transportation to any place suoject to the jurisdiction of the 
Commission under subchapter II of chapter 105 of this title for special 
and chartered parties. 
(d) The Commission may not prescribe a condition for a motor 
contract carrier permit issued before August 23, 1957, that restricts 
the authority of the carrier— 
(1) to substitute similar contracts within the scope of the 
permit; or 
(2) to add contracts within the scope of the permit, unless the 
Commission, on its own initiative or on petition of an interested 
carrier, finds that the scope of the transportation to be provided by 
the motor contract carrier under any such additional contract is 
not confined to transportation provided by a motor contract 
carrier as defined after August 21,1957. 
49 use 10933. 
§ 10933. Authorizing abandonment of freight forwarder service 
When a freight forwarder is controlled by, or under common con-
trol with, a common carrier providing transportation subject to the 
jurisdiction of the Interstate Commerce Commission under subchap-
Ante, pp. 1359, 
ter I, II, or III of chapter 105 of this title, the freight forwarder 
1361, 1365. 
jnay abandon any part of the service it provides subject to the juris-
Ante, p. 1369. 
diction of the Commission under subchapter IV of chapter 105, only 
if the Commission finds the abandonment is consistent with the pub-
Ante, p. 1337. 
lie interest and the transportation policy of section 10101 of this title. 
On making the finding, the Commission shall issue to the freight for-
warder a certificate describing the abandonment authorized by the 
Commission. 
CHAPTER 
111—OPERATIONS 
OF 
CARRIERS 
SUBCHAPTER I—GENERAL 
REQUIREMENTS 
Sec. 
11101. Providing transportation and service. 
11102. Classification of carriers. 
11103. Use of terminal facilities. 
11104. Switcli connections and tracks. 
11105. Protective services. 
11106. Identification of motor vehicles. 
11107. Leased motor velilcles. 
11108. Water carriers subject to unreasonable discrimination in foreign trans-
portation. 
SUBCHAPTER II—CAR SERVICE 
11121. Criteria. 
11122. Compensation and practice. 
11123. Situations requiring immediate action. 
11124. Rerouting traffic on failure of rail carrier to serve the public. 
11125. Directed rail transportation. 
11126. Distribution of coal cars. 
11127. Service of freight forwarders. 
' 
11128. Water emergencies; embargoes imposed by carriers. 
SUBCHAPTER III—REPORTS 
AND RECORDS 
11141. Definitions. 
11142. Uniform accounting systems. 
. 
i 
PUBLIC LAW 95-473—OCT. 17, 1978 
92 STAT. 1419 
Sec. 
11143. Depreciation charges. 
11144. Records: form; inspection ; preservation. 
11145. Reports by carriers, lessors, and associations. 
SUBCHAPTER I—GENERAL 
REQUIREMENTS 
§ 11101. Providing transportation and service 
(a) A common carrier providing transportation or service subject to 
the jurisdiction of the Interstate Commerce Commission under chapter 
105 of this title shall provide the transportation or service on reason-
able request. In addition, a motor common carrier shall provide safe 
and adequate service, equipment, and facilities. 
(b) The Commission may prescribe requirements for continuous and 
adequate transportation and service provided by motor common 
carriers and freight forwarders subject to the jurisdiction of the Com-
mission under subchapters II and IV of chapter 105 of this title and 
for transportation of baggage and express by such motor common 
carriers of passengers. 
(c) The Commission may not regulate the duration of, or the 
amount of compensation payable under, an arrangement between a 
motor carrier and another party to use, with a driver, a motor vehicle 
not owned by that carrier to transport property when— 
(1) the motor vehicle— 
(A) to be used is that of a farmer or a cooperative associa-
i, 
tion or a federation of cooperative associations under section 
10526(a) (4) or (5) of this title or a motor private carrier; 
(B) is used regularly in the transportation of (i) property 
referred to in section 10526(a) (6) of this title, or (ii) perish-
able products manufactured from perishable property re-
ferred to in that section; and 
(C) is to be used by the carrier in a single movement or 
in one or more of a series of movements, loaded or empty, in 
the general direction of the general area where the motor ve-
hicle is based; or 
(2) the motor vehicle to be used has completed a movement 
exempt under section 10526(a) (6) of this title and is next to be 
used by that carrier in a loaded movement in any direction or in a 
movement referred to in clause (1) (C) of this subsection, or both. 
§ 11102. Classification of carriers 
The Interstate Commerce Commission may classify and maintain 
requirements for groups of carriers included in the terms "motor 
common carrier", "water common carrier", "motor contract carrier", 
or "water contract carrier" and for brokers, when required because of 
the special nature of the transportation provided by them. 
§ 11103. Use of terminal facilities 
(a) The Interstate Commerce Commission may require terminal 
facilities,^ including main-line tracks for a reasonable distance outside 
of a terminal, owned by a rail carrier providing transportation subject 
to the jurisdiction of the Commission under subchapter I of chapter 
105 of this title, to be used by another rail carrier if the Commission 
finds that use to be practicable and in the public interest without sub-
stantially impairing the ability of the rail carrier owning the facil-
ities or entitled to use the facilities to handle its own business. The 
carriers are responsible for establishing the conditions and compensa-
tion for use of the facilities. However, if the carriers cannot agree, the 
49 use 11101. 
Ante, p. 1358. 
Ante, pp. 1361, 
1369. 
Ante, p. 1364. 
,•; .•...''H^ 
- • . 1 'J<''' ''* 
49 use 11102. 
jvJi'i i JijiJ & 
49 use 11103. 
Ante, p. 1359. 
92 STAT. 1420 
PUBLIC LAW 95-473—OCT. 17, 1978 
Commission may establish conditions and compensation for use of the 
facilities under the principle controlling compensation in condemna-
tion proceedings. The compensation shall be paid or adequately se-
cured before a carrier may begin to use the facilities of another carrier 
under this section. 
(b) A rail carrier whose terminal facilities are required to be used 
by another carrier under this section is entitled to recover damages 
from the other carrier for injuries sustained as the result of compliance 
with the requirement or for compensation for the use, or both, as appro-
priate, in a civil action, if it is not satisfied with the conditions for use 
of the facilities or if the amount of the compensation is not paid 
promptly. 
49 use 11104. 
§ 11104. Switch connections and tracks 
(a) On application of the owner of a lateral branch line of rail-
road, or of a shipper tendering interstate traffic for transportation, a 
common carrier providing transportation subject to the jurisdiction of 
the Interstate Commerce Commission under subchapter I of chapter 
Ante, p. 1359. 
105 of this title shall construct, maintain, and operate, on reasonable 
conditions, a switch connection to connect that branch line or private 
side track with its railroad and shall furnish cars to move that traffic to 
the best of its ability without discrimination in favor of or against 
the shipper when the connection— 
(1) is reasonably practicable; 
(2) can be made safely; and 
(3) will furnish sufficient business to justify its construction 
and maintenance. 
Filing of 
(b) If a common carrier fails to install and operate a switch con-
complaints, 
nection after application is made under subsection (a) of this section, 
the owner of the lateral branch line of railroad or the shipper may 
Post, p. 1449 
file 
a complaint with the Commission under section 11701 of this title. 
The Commission shall investigate the complaint and decide the safety, 
practicability, justification, and compensation to be paid for the con-
Hearing, 
neotion. The Commission may direct the common carrier to comply 
with subsection (a) of this section only after a full hearing. 
49 use 11105. 
§ 11105. Protective services 
A rail or express carrier providing transportation subject to the 
jurisdiction of the Interstate Commerce Commission under subchapter 
.^,, 
I of chapter 105 of this title may arrange for a person to furnish to or 
"r 
for the carrier a protective sennce against heat or cold for property 
transported by it subject to that jurisdiction only when the Commis-
sion finds the arrangement to be reasonable and in the public interest. 
49 use 11106. 
§ 11106. Identification of motor vehicles 
(a) The Interstate Commerce Commission may— 
(1) issue and require the display of an identification plate on a 
motor vehicle used in transportation subject to its jurisdiction 
Ante, p. 1361. 
under subchapter II of chapter 105 of this title; and 
(2) require the carrier to pay the reasonable cost of the plate. 
(b) A carrier may use an identification plate only as authorized by 
the Commission. 
49 use 11107. 
§ 11107. Leased motor vehicles 
Except as provided in section 11101(c) of this title, the Interstate 
Commerce Commission may require a motor carrier providing trans-
portation subject to the jurisdiction of the Commission under sub-
PUBLIC LAW 95-473—OCT. 17, 1978 
92 STAT. 1421 
chapter II of chapter 105 of this title that uses motor vehicles not Ante, p. 1361. 
owned by it to transport property under an arrangement with another 
party to— 
(1) make the arrangement in writing signed by the parties 
specifying its duration and the compensation to be paid by the 
motor carrier; 
(2) carry a copy of the arrangement in each motor vehicle to 
which it applies during the period the arrangement is in effect; 
(3) inspect the motor vehicles and obtain liability and cargo 
insurance on them; and 
(4) have control of and be responsible for operating those 
motor vehicles in compliance with requirements prescribed by 
the Secretary of Transportation on safety of operations and 
equipment, and with other applicable law as if the motor vehicles 
were owned by the motor carrier. 
§ 11108. Water carriers subject to unreasonable discrimination in 49 USC 11108. 
foreign transportation 
(a) The Interstate Commerce Commission may relieve a water car-
rier providing transportation subject to the jurisdiction of the Com-
mission under subchapter III of chapter 105 of this title, from the Ante, p. 1365. 
requirements of this subtitle when a rate, rule, or practice established 
by a person providing water transportation to or from a port in a 
foreign country in competition with that carrier unreasonably dis-
criminates against that carrier. The Commission may relieve that 
carrier to the extent and for the period of time necessary to end or 
ease the discrimination if the relief is in the public interest and con-
sistent with the transportation policy of section 10101 of this title. 
Ante, p. 1337. 
(b) The Commission may begin a proceeding under this section Proceedings, 
on its own initiative or on application. 
SUBCHAPTER II—CAR SERVICE 
§ 11121. Criteria 
49 USC 11121. 
(a) A rail carrier providing transportation subject to the jurisdiction 
of the Interstate Commerce Commission under subchapter I of chapter 
105 of this title shall furnish safe and adequate car service and estab- Ante, p. 1359. 
lish, observe, and enforce reasonable rules and practices on car service. 
The Commission may—• 
(1) require a rail carrier to file its car service rules with the 
Commission; and 
(2) require that carrier to incorporate those rules in its tariffs. 
(b) The Commission may designate and appoint agents and agencies 
to make and carry out its directions related to car service and matters 
under sections 11123-11125, 11127, and 11128(a) (1) of this title. 
§ 11122. Compensation and practice 
49 USC 11122. 
(a) The regulations of the Interstate Commerce Commission on car Regulations, 
service shall encourage the purchase, acquisition, and efficient use of 
freight cars. The regulations may include— 
(1) the compensation to be paid for the use of a locomotive, 
freight car, or other vehicle; 
(2) the other terms of any arrangement for the use by a rail 
carrier of a locomotive, freight car, or other vehicle not owned by 
• ^'' 
the rail carrier using the locomotive, freight car, or other vehicle, 
whether or not owned by another carrier, shipper, or third person; 
and 
92 STAT. 1422 
PUBLIC LAW 95-473—OCT. 17, 1978 
(3) sanctions for nonobservance. 
(b) (1) The rate of compensation to be paid for each type of freight 
car shall be determined by the expense of owning and maintaining that 
type of freight car, including a fair return on its cost giving considera-
tion to current costs of capital, repairs, materials, parts, and labor. 
In determining the rate of compensation, the Commission shall con-
sider the transportation use of each type of freight car, the national 
level of ownership of each type of freight car, and other factors that 
affect the adequacy of the national freight car supply. 
(2) The Commission may increase a rate of compensation deter-
mined under paragraph (1) of this subsection by an incentive element 
only when the Commission finds that the supply of a type of freight 
car is inadequate and an incentive element will compensate freight car 
owners, contribute to sound car service practices (including efficient 
utilization and distribution of cars), and encourage the acquisition 
and maintenance of a car supply adequate to meet the needs of com-
merce and national defense. The Commission may exempt that incen-
tive element from the compensation to be paid by a carrier or group 
of carriers when the Commission finds that exemption is in the national 
interest. 
49 use 11123. 
§ 11123. Situations requiring immediate action 
(a) When the Interstate Commerce Commission considers that a 
shortage of equipment, congestion of traffic, or other emergency re-
quiring immediate action exists in a section of the United States, the 
Commission may— 
(1) suspend any car service rule or practice; 
(2) take action during the emergency to promote service in 
the interest of the public and of commerce regardless of the own-
ership (as between carriers) of a locomotive, car, or other vehicle 
on terms of compensation the carriers establish between themselves 
subject to subsection (b) (2) of this section; 
(3) require joint or common use of terminals, including main-
line tracks for a reasonable distance outside of those terminals, on 
terms of compensation the carriers establish between themselves, 
subject to subsection (b) (2) of this section, when that action will 
best meet the emergency and serve the public interest; and 
(4) give directions for preference or priority in transportation, 
embargoes, or movement of traffic under permits. 
(b) (1) Except as provided in paragraph (2) of this subsection, the 
Commission may act under this section on its own initiative or on ap-
Ante, p. 1345. 
plication without regard to subchapter II of chapter 103 of this title 
5 use 551. 
and subchapter II of chapter 5 of title 5. 
(2) When the carriers do not agree on terms of compensation under 
subsection (a) (2) of this section or on terms for joint or common use 
of terminals under subsection (a) (3) of this section, the Commission 
may establish for them in a later proceeding terms of compensation 
the Commission finds to be reasonable. 
49 use 11124. 
§ 11124. Rerouting traffic on failure of rail carrier to serve the 
public 
(a) When the Interstate Commerce Commission considers that a 
rail carrier providing transportation subject to the jurisdiction of the 
Ante, p. 1359. 
Commission under subchapter I of chapter 105 of this title cannot 
transport the traffic offered to it in a manner that properly serves the 
public, the Commission may direct the handling, routing, and move-
ment of the traffic of that carrier and its distribution over other rail-
PUBLIC LAW 95-473—OCT. 17, 1978 
92 STAT. 1423 
road lines to promote commerce and service to the public. Subject to 
subsection (b) (2) of this section, the carriers may establish the terms 
of compensation between themselves. 
(b) (1) Except as provided in paragraph (2) of this subsection, the 
Commission may act under this section on its own initiative or on ap-
plication without regard to subchapter II of chapter 103 of this title ^nte, p. 1345. 
and subchapter II of chapter 5 of title 5. 
5 USC 551 et seq. 
(2) When the carriers do not agree on the terms of compensation 
under this section, the Commission may establish the terms for them 
in a later proceeding. 
§ 11125. Directed rail transportation 
49 USC 11125. 
(a) When a rail carrier providing transportation subject to the 
jurisdiction of the Interstate Commerce Commission under subchapter 
I of chapter 105 of this title cannot transport the traffic offered to it Ante, p. 1359. 
because— 
(1) its cash position makes its continuing operation impossible; 
(2) transportation has been discontinued under court order; or 
(3) it has discontinued transportation without obtaining a 
required certificate under section 10903 of this title; 
the Commission may direct the handling, routing, and movement of 
the traffic available to that carrier and its distribution over the rail-
road lines of that carrier by another carrier to promote service in the 
interest of the public and of commerce. Subject to subsection (b) of 
this section, the Commission may act without regard to subchapter II 
of chapter 103 of this title and subchapter II of chapter 5 of title 5. 
(b) (1) Action of the Commission under subsection (a) of this sec-
tion may not remain in effect for more than 60 days. However, the 
Commission may extend that period for an additional designated 
period of not more than 180 days if cause exists. 
(2) The Commission may not take action that would— 
(A) cause a directed carrier to operate in violation of section 
421 of title 45; or 
45 USC 421. 
(B) impair substantially the ability of a directed carrier to 
; . 
serve its own patrons adequately, or to meet its outstanding com-
mon carrier obligations. 
(3) A directed carrier is not responsible, because of the direction Debts, 
of the (yommission, for the debts of the other carrier. 
(4) A directed carrier shall hire the employees of the other car-
rier, to the extent that they previously provided that transportation 
for the other carrier, and assume the existing employment obligations 
and practices of the other carrier for those employees including agree-
ments governing rate of pay, rules and working conditions, and em-
ployee protective conditions for the period during which the action 
of the Commission is effective. 
(5) A directed carrier may apply to the Commission for payment 
of an amount equal to the amount by which (A) the total expenses of 
that carrier incurred in or attributable to the handling, routing, 
and moving the traffic over the lines of the other carrier for the 
period during which the action of the Commission is effective, in-
cluding renting or leasing necessary equipment and an allocation of 
common expenses, overhead, and a reasonable profit, exceed (B) the 
direct revenues from handling, routing, and moving that traffic over the 
lines of the other carrier during that period. The carrier must submit 
a current record of those total expenses to the Commission, The Com-
mission shall certify promptly, to the Secretary of the Treasury, the 
amount to be paid. The Secretary shall pay that amount by the 90th 
92 STAT. 1424 
PUBLIC LAW 95-473—OCT. 17, 1978 
day after the end of the period during which the direction of the Com-
mission is effective, and funds are authorized to be appropriated for 
Audit. 
that payment. The Commission may audit any such record. 
49 use 11126. 
§ 11126. Distribution of coal cars 
(a) Subject to subsection (b) of this section, a rail carrier providing 
transportation subject to the jurisdiction of the Interstate Commerce 
Ante, p. 1359. 
Commission under subchapter I of chapter 105 of this title shall make 
a reasonable distribution of cars for transportation of coal among the 
coal mines served by it whether the mines are located on its line or are 
customarily dependent on it for car supply. If the supply of available 
cars does not equal the requirements of the mines, the carrier shall 
maintain and apply reasonable ratings of the mines and count each car 
furnished to or used by a mine for transportation of coal against that 
•'** 
mine. However, coal cars supplied by shippers or receivers are deemed 
not to be a part of the carrier's fleet and are not counted in determining 
a question about distribution or car count under subsection (b) of this 
section or section 10102, 10501, 10701-10703, 10707, 10721(b), 10722 
( c ) - ( d ) , 10723(a)-(b) (1), 10724(a), 10741-10744,10746,10749,10750, 
Ante, pp. 1338, 
10901, 10902,10907, 11101, 11103-11105, 11121-11125, 11127, 11128(a) 
1.79'ISn 
^1)' 
11501(c), 
11505(a), 
11702(a)(1), 
11703, 11901(d)-(e) (2), 
138311386 
•^^^^^' -^^^^^' ^'^^^^^ 11^^'^' ll^l'"^' "^ 1191^' "* ^^is title. 
1390 1391' 
('^) (1) ^^ ^^^^ subsection, "unit-train service" means the movement 
1393' 1394' 
of ^ single shipment of coal of at least 4,500 tons, tendered to one 
1402^ 1403, .Po5f, carrier, on one bill of lading, at one origin, on one day, and destined 
pp. 1444, 1448, 
to one consignee, at one plant, at one destination, over one route. 
1450, 1455, 
(2) Unit-train service and non-unit-train service are deemed to be 
1457, 1459, 
separate and distinct classes of service. A distinction shall be made 
1464. "Unit train between them and between the cars used in each class of service. A 
question about the reasonableness of, or discrimination in, the distri-
bution of cars shall be determined within each class and not between 
them, notwithstanding a section referred to in subsection (a) of this 
section. 
49 use 11127. 
§ 11127. Service of freight forwarders 
(a) (1) When the Interstate Commerce Commission considers that 
a shortage of equipment, congestion of traffic, or other emergency re-
quires immediate action at a place in the United States, the Commis-
sion may— 
(A) suspend any service, equipment, or facilities requirement 
applicable to a freight forwarder under the jurisdiction of the 
Commission under subchapter IV of chapter 105 of this title; 
(B) take action to promote transportation in the interest of 
the public and of commerce; and 
(C) give directions for preference or priority in transporta-
tion, embargoes, or movement of traffic under permits. 
(2) When the Commission considers that any such freight for-
warder cannot properly serve the public by providing service for the 
traffic offered it, the Commission may require the handling, routing, 
and movement of that traffic in another manner to promote conmierce 
and service to the public. When the equipment or facilities of another 
freight forwarder are required to be used, the freight forwarders may 
establish terms of compensation between themselves subject to sub-
section (b) (2) of this section. 
(b) (1) Except as provided in paragraph (2) of this subsection, the 
Commission may act under this section on its own initiative or on 
Service." 
PUBLIC LAW 95-473—OCT. 17, 1978 
92 STAT. 1425 
Ante, p. 1345. 
Ante, p. 1361. 
49 use 11128. 
application without regard to subchapter II of chapter 103 of this title 
and subchapter II of chapter 5 of title 5. 
(2) Wlien the freight forwarders do not agree on the terms of 
compensation under this section, the Commission may establish the 
terms for them in a later proceeding. 
§11128. War emergencies; embargoes imposed by carriers 
(a) (1) When the President, during time of war or threatened war, 
certifies to the Interstate Commerce Commission that it is essential to 
the defense and security of the United States to give preference or 
priority to the movement of certain traffic, the Commission shall direct 
that preference or priority be given to that traffic under sections 11123 
(a) (4) and 11127(a) (1) (C) of this title. 
(2) When the President, during time of war or threatened war, de-
mands that preference and precedence be given to the transportation of 
troops and material of war over all other traffic, all carriers providing 
transportation subject to the jurisdiction of the Commission under sub-
chapter I of chapter 105 of this title shall adopt every means within Ante, p. 1359 
their control to facilitate and expedite the military traffic. 
(b) An embargo imposed by any such carrier does not apply to ship-
ments consigned to agents of the United States Government for its use. 
The carrier shall deliver those shipments as promptly as possible. 
SUBCHAPTER 
III—REPORTS 
AND RECORDS 
§ 11141. Definitions 
49 USC 11141. 
In this subchapter— 
(1) "carrier", "broker", and "lessor" include a receiver or trustee 
of a carrier (except a freight forwarder), broker, and lessor, 
respectively. 
(2) "lessor" means a person owning a railroad, water line, or a 
-^ - -" 
pipeline that is leased to and operated by a carrier providing trans-
portation subject to the jurisdiction of the Interstate Commerce 
Commission under subchapter I of chapter 105 of this title, and 
a person leasing a right to operate as a motor carrier or water car-
rier to another. 
(3) "association" means an organization maintained— 
: 
-
(A) by or in the interest of a group of carriers (except 
water carriers) or brokers providing transportation or serv-
ice subject to the jurisdiction of the Commission under chap-
ter 105 of this title that performs a service, or engages m Ante, p. 1358. 
activities, related to transportation under this subtitle; or 
(B) only by water carriers providing transportation sub-
ject to the jurisdiction of the Commission under subchapter 
III of chapter 105 of this title that engages in activities re- Ante, p. 1365. 
lated to the fixing of rates, publication of classifications, or 
filing of tariffs by water carriers. 
§ 11142. Uniform accounting systems 
49 USC 11142. 
(a) The Interstate Commerce Commission shall prescribe, for rail 
carriers providing transportation subject to this subtitle, a uniform 
cost and revenue accounting and reporting system (1) under generally 
accepted accounting principles uniformly applied to those carriers and 
(2) after consideration of appropriate economic principles. To the 
extent possible, the system shall be cost effective, without duplication, 
and compatible with the present and desired managerial and responsi-
39-194 O—80—pt. 2 
10 : QL3 
92 STAT. 1426 
PUBLIC LAW 95-473—OCT. 17, 1978 
bility accounting requirements of those carriers. The Commission may 
prescribe a uniform accounting system for classes of carriers provid-
ing, and brokers for, transportation subject to the jurisdiction of the 
Commission under subchapters II, III, and IV of chapter 105 of this 
Ante, pp. 1361, 
title. 
1365,1369. 
(b) (1) To obtain the most accurate cost and revenue information 
about light density railroad lines, main line operations, factors used 
to establish rates, and other regulatory areas of responsibility, the 
Commission shall identify and define, for each facet of rail trans-
portation— 
(A) operating and nonoperating revenue accounts; 
(B) direct cost accounts for determining fixed and variable 
costs for materials, labor, and overhead components of operating 
expenses and the assignment of those costs to various functions, 
services, or activities, including maintenance-of-way, maintenance 
of equipment (locomotive and car), transportation (train, yard 
and station, and accessorial services), and general and adminis-
.vx.hl ai 
trative expenses; and 
(C) indirect cost accounts for determining fixed, common, joint, 
and constant costs, including the cost of capital, and the method 
for the assignment of those costs to various functions, services, or 
activities. 
(2) Reports required under the rail accounting system must include 
information considered appropriate for disclosure under generally 
accepted accounting principles or the requirements of the Commission 
' i i 
' 
or of the Securities and Exchange Commission. To the extent possible, 
the Interstate Commerce Commission should require that information 
be reported or disclosed only for essential regulatory purposes includ-
ing rate change requests, abandonment of facilities requests, responsi-
bility for peaks in demand, cost of service, and issuance of securities. 
Review. 
(3) The Commission shall review the rail accounting system pe-
riodically, but at least once every 5th year after 1977, and revise the 
system as necessary to conform it to generally accepted accounting 
principles compatible with the managerial and responsibility account-
ing requirements of those carriers and to keep it m compliance with 
this section. 
49 use 11143. 
§ 11143. Depreciation charges 
The Interstate Commerce Commission shall, for a class of carriers 
providing transportation subject to its jurisdiction under subchapter 
Ante, p. 1359. 
I or III of chapter 105 of this title, and may, for a class of carriers 
providing transportation subject to its jurisdiction under subchapter 
II of that chapter, prescribe, and change when necessary, those 
classes of property for which depreciation charges may be included 
.J 
under operating expenses and a rate of depreciation that may be 
charged to a class of property. The Commission may classify those 
carriers for purposes of this section. A carrier for whom depreciation 
charges and rates of depreciation are in effect under this section for 
any class of property may not— 
(1) charge to operating expenses a depreciation charge on a 
class of property other than that prescribed by the Commission; 
(2) charge another rate of depreciation; or 
(3) include other depreciation charges in operating expenses. 
49 use 11144. 
§11144. Records: form; inspection; preservation 
(a) The Interstate Commerce Commission may prescribe the form 
PUBLIC LAW 95-473—OCT. 17, 1978 
92 STAT. 1427 
of records required to be prepared or compiled under this sub-
chapter— 
(1) by carriers, brokers, and lessors, including records related 
to movement of traffic and receipts and expenditures of money; 
and 
(2) by persons furnishing cars or protective service against 
heat or cold to or for a rail or express carrier providing trans-
portation subject to the jurisdiction of the Commission under sub-
chapter I of chapter 105 of this title to the extent related to Ante, p. 1359. 
those cars or that service. 
(b) The Commission, or an employee designated by the Commis-
sion, may on demand and display of proper credentials— 
(1) inspect and examine the lands, buildings, and equipment 
of a carrier, broker, or lessor; and 
(2) inspect and copy any record of— 
(A) a carrier, broker, lessor, or association; 
(B) a person controlling, controlled by, or under common 
control with a carrier if the Commission considers inspection 
relevant to that person's relation to, or transaction with, that 
carrier; and 
(C) a person furnishing cars or protective service against 
heat or cold to or for a ran or express carrier if the Commis-
sion prescribed the form of that record. 
(c) The Commission, or an employee designated by the Commis-
sion, may, during normal business hours, inspect and copy any record 
related to motor vehicle transportation of a cooperative association 
or federation of cooperative associations required to notify the Com-
mission under section 10526(a) (5) of this title. However, the Com- ^»*e» P- 1364. 
mission may not prescribe the form of records to be maintained by a 
cooperative association or federation of cooperative associations. 
(d) The Commission may prescribe the time period during which 
operating, accounting, and financial records must be preserved by car-
riers, brokers, lessors, and persons furnishing cars or protective 
services. 
§ 11145. Reports by carriers, lessors, and associations 
49 USC 11145. 
(a) The Interstate Commerce Commission may require— 
(1) carriers, brokers, lessors, and associations, or classes of 
them as the Commission may prescribe, to file annual, periodic, 
and special reports with the Commission containing answers to 
questions asked by it; and 
(2) a person furnishing cars or protective services against 
heat or cold to a rail or express carrier providing transportation 
subject to this subtitle, to file reports with the Commission con-
taining answers to questions about those cars or services. 
(b) (1) An annual report shall contain an account, in as much detail Annual report, 
as the Commission may require, of the affairs of the carrier, broker, 
lessor, or association for the 12-month period ending on the 31st day 
of December of each year. However, when an annual report is made 
by a motor carrier, a broker, or a lessor or an association maintained 
v 
by or interested in one of them, the person making the report may 
elect to make it for the 13-month period accounting year ending at the 
close of one of the last 7 days of each calendar year if the books of the 
person making the report are kept by that person on the basis of that 
''^"^ 
accounting year. 
92 STAT. 1428 
PUBLIC LAW 95-473—OCT. 17, 1978 
(2) An annual report shall be filed with the Commission by the 
end of the 3d month after the end of the year for which the report is 
made unless the Commission extends the filing date or changes the 
period covered by the report. The annual report and, if the Commis-
sion requires, any other report made under this section, shall be made 
under oath. 
-
^ 
^ 
CHAPTER 113—FINANCE 
SUBCHAPTER 
I—CARRIER SECURITIES, 
EQUIPMENT 
TRUSTS, AND SECURITY INTERESTS 
Sec. 
11301. Authority of certain carriers to issue securities and assume obligations 
and liabilities. 
11302. Issuance of securities and assumption of obligations and liabilities by 
motor carriers. 
11S03. Equipment trusts: recordation; evidence of indebtedness. 
11304. 
Security interests in certain motor vehicles. 
SUBCHAPTER II—OWNERSHIP 
11321. Limitation on ownership of certain water carriers. 
11322. Restrictions on officers and directors. 
11323. Limitation on ownership of other carriers by freight forwarders. 
SUBCHAPTER III—COMBINATIONS 
,lt;<<|y5 
49 u s e 11301. 
"Carrier.' 
Ante, p. 1359. 
11341. 
Scope of authority. 
11342. Limitation on pooling and division of transportation or earnings. 
11343. Consolidation, merger, and acquisition of control. 
11.344. Consolidation, merger, and acquisition of control: general procedure and 
conditions of approval. 
11345. Consolidation, merger, and acquisition of control: rail carrier procedure. 
11346. 
Consolidation, merger, and acquisition of control: expedited rail carrier 
procedure. 
11347. Employee protective arrangements in transactions involving rail carriers. 
11348. Interstate Commerce Commission authority over noncarrier that acquires 
control of carrier. 
11349. Temporary operating approval for transactions involving motor and 
water carriers. 
11350. Responsibility of the Secretary of Transportation in certain transactions. 
SUBCHAPTER IV—FINANCIAL STRUCTURE 
11361. 
Scope of authority : changes in financial structure. 
11362. 
Criteria for approval and authority. 
11363. Assent of holders of securities and certain other instruments. 
11364. 
Procedure. 
11365. Effect of change on other persons. 
11366. 
Reports. 
11367. Application of other laws. 
SUBCHAPTER I—CARRIER SECURITIES, 
EQUIPMENT 
TRUSTS, 
AND SECURITY INTERESTS 
§11301. Authority of certain carriers to issue securities and 
assume obligations and liabilities 
(a) In this section— 
(1) "carrier" means a rail or sleeping car carrier providing 
transportation subject to the jurisdiction of the Interstate Com-
merce Commission under subchapter I of chapter 105 of this title 
PUBLIC LAW 95-473—OCT. 17, 1978 
92 STAT. 1429 
Issuance of 
securities. 
15 u s e 77a, 78a, 
80a-l. 
(except a street, suburban, or interurban electric railway not 
operated as a part of a general railroad system of transportation), 
and a corporation organized to provide transportation by rail 
carrier subject to that subchapter. 
(2) "security" means a share of capital stock, a bond, or other "Security 
evidence of interest in, or indebtedness of, a carrier. 
(b) (1) Subject to subchapter I of chapter 2A, chapter 2B, and sub-
chapter I of chapter 2D of title 15, the Commission has exclusive juris-
diction to approve the issuance of securities by a carrier and the as-
sumption of an obligation or liability related to the securities of 
another person by a carrier. A carrier may not issue securities or 
assume those obligations or liabilities without the approval of the 
Commission. No other approval is required. A security issued or obli-
gation or liability assumed by a carrier in violation of this subsection 
or in violation of a condition prescribed by the Commission under sub-
section (d) of this section is void. However, a security or obligation 
issued or assumed under authority of this section is not void for failure 
to comply with a procedural requirement of this section or other 
matter preceding entry of the order of the Commission. 
(2) Paragraph (1) of this subsection does not apply to notes is-
sued by a carrier if the notes mature not more than 2 years after their 
date of issue and total (with all then outstanding notes having a 
maturity of not more than 2 years) not more than 5 percent of the 
par value of the then outstanding securities of that carrier. If the 
securities do not have a par value, the par value of those securities is 
the fair market value on the date of issue. Paragraph (1) of this sub-
section applies to a subsequent funding of notes referred to in this 
paragraph. 
(c) (1) A carrier issuing notes referred to in subsection (b) (2) of 
this section shall file a certificate of notification with the Commission by 
the end of the 10th day after they are issued. That notification must 
include substantially the same matter required by the Commission for 
an application for authority to issue other securities. 
(2) A carrier that pledges, repledges, or otherwise disposes of a 
security referred to in an application for authority or a certificate of 
notification under this section as pledged or held unencumbered in the 
treasury of that carrier shall file a certificate of notification with the 
Commission by the end of the 10th day after it disposes of the security. 
(d) (1) The Commission may begin a proceeding under this section 
on application of a carrier. Before taking final action, the Commission 
must investigate the purpose and use of the securities issue or assump-
tion and the proceeds from it. The Commission may approve any part 
of the application and may require the carrier to comply with ap-
I)ropriate conditions. After an application is approved under this sec-
tion, the Commission may change a condition previously imposed or 
use that may be made of the securities or proceeds for good cause shown 
subject to the requirements of this section. The Commission may ap-
prove an application under this section only when it finds that the 
securities issue or assumption— 
(A) is for a lawful object within the corporate purpose of the 
carrier and reasonably appropriate for that purpose; 
(B) is compatible with the public interest; 
(C) is appropriate for or consistent with the proper perform-
ance by the carrier of service to the public as a common carrier; 
and 
Proceedings. 
92 STAT. 1430 
PUBLIC LAW 95-473—OCT. 17, 1978 
Reports to 
Interstate 
Commerce 
Commission. 
49 use 11302. 
Ante, p. 1361. 
49 use 11303. 
(D) will not impair the financial ability of the carrier to pro-
vide the service. 
(2) An application or certificate must be made under oath and 
signed and filed for the carrier by a designated executive officer who 
knows the matters stated in the application or certificate. On receipt 
of an application of a carrier under this section, the Commission shall 
have a copy of the application served on the chief executive officer of 
each State in which that carrier operates. The appropriate authorities 
of those States are entitled to be admitted as parties to a proceeding 
under this section to represent the rights and interests of their people 
and States. 
(e) The Commission shall require a carrier that issues securities, 
including notes, under this section to submit reports to it. The reports 
must identify the disposition of those securities and the application of 
the proceeds from their disposition. 
(f) This section does not imply a guaranty or obligation of those 
securities by the United States Government. This section does not 
apply to securities issued or obligations or liabilities assumed by the 
United States Government, a State, or an instrumentality or polit-
ical subdivision of one of them. 
§ 11302. Issuance of securities and assumption of obligations and 
liabilities by motor carriers 
(a) Except as provided in this section, section 11301 of this title 
applies to— 
(1) motor carriers providing transportation subject to the 
jurisdiction of the Interstate Commerce Commission under sub-
chapter II of chapter 105 of this title; 
(2) corporations organized to provide transportation as 
carriers subject to the jurisdiction of the Commission under that 
subchapter; and 
(3) corporations authorized by the Commission to acc[uire con-
trol of at least one motor carrier subject to its jurisdiction under 
that subchapter. 
(b) Section 11301 of this title does not apply when the total value 
of capital stock (or principal amount of other securities to be issued) 
and the value of capital stock and principal amount of other secu-
rities then outstanding is not more than $1,000,000, or to notes of 
a maturity of not more than 2 years that aggregate not more than 
$200,000. Notes that, with other outstanding notes of a maturity of 
not more than 2 years, aggregate that amount may be issued without 
regard to the percentage limitations applicable under section 11301 
(b) (2) of this title. The value of capital stock having no par value is 
the fair market value on the date of issue of that stock, and the value 
of capital stock that has a par value is the fair market value on the date 
of issue or the par value, whichever is greater. 
(c) This section does not apply to the United States Government, 
a State, or an instrumentality or political subdivision of one of them. 
§ 11303. Equipment trusts: recordation; evidence of indebtedness 
(a) A mortgage (other than a mortgage under the Ship Mortgage 
Act, 1920), lease, equipment trust agreement, conditional sales agree-
ment, or other instrument evidencing the mortgage, lease, conditional 
sale, or bailment of railroad cars, locomotives, or other rolling stock 
or vessels, intended for a use related to interstate commerce may be filed 
with the Interstate Commerce Commission. An assignment of a right or 
interest under one of those instruments and an amendment to that 
PUBLIC LAW 95-473—OCT. 17, 1978 
92 STAT. 1431 
instrument or assignment including a release, discharge, or satisfaction 
of any part of it may also be filed with the Commission. The instru-
ment, assi^ment, or amendment must be in writing, executed by the 
j)iarties to it, and acknowledged or verified under Commission regula-
tions. When filed under this section, that document is notice to, and 
enforceable against, all persons. A document filed under this section 
does not have to be filed, deposited, registered, or recorded under 
another law of the United States, a State (or its political subdivi-
sions), or territory or possession of the United States, related to fil-
ing, deposit, registration, or recordation of those documents. This 
section does not change the Ship Mortgage Act, 1920. 
(b) The Commission shall maintain a system for recording each 
document filed under subsection (a) of this section and mark each of 
them with a consecutive number and the date and hour of their re-
cordation. The Commission shall maintain and keep open for public 
inspection an index of documents filed under that subsection. That 
index shall include the name and address of the principal debtors, 
trustees, guarantors, and other parties to those documents and may 
include other facts that will assist in determining the rights of the 
parties to those transactions. 
§ 11304. Security interests in certain motor vehicles 
(a) In this section— 
(1) "motor vehicle" means a truck of rated capacity (gross 
vehicle weight) of at least 10,000 pounds, a highway tractor of 
rated capacity (gross combination weight) of at least 10,000 
pounds, a property-carrying trailer or semitrailer with at least 
one load-carrying axle of at least 10,000 pounds, or a motor bus 
with a seating capacity of at least 10 individuals. 
(2) "lien creditor" means a creditor having a lien on a motor 
vehicle and includes an assignee for benefit of creditors from 
the date of assi^ment, a trustee in bankruptcy from the date of 
filing of the petition in bankruptcy, and a receiver in equity from 
the date of appointment of the receiver. 
(3) "security interest" means an interest (including an inter-
est established by a conditional sales contract, mortgage, equip-
ment trust, or other lien or title retention contract, or lease) in a 
motor vehicle when the interest secures payment or performance 
of an obligation. 
(4) "perfection", as related to a security interest, means taking 
action (including public filing, recording, notation on a certifi-
cate of title, and possession of collateral by the secured party), or 
the existence of facts, required under law to make a security in-
terest enforceable against general creditors and subsequent lien 
creditors of a debtor, but does not include compliance with re-
quirements related only to the establishment of a valid security 
interest between the debtor and the secured party. 
(b) A security interest in a motor vehicle owned by, or in the posses-
sion and use of, a carrier having a certificate or permit issued under 
section 10922 or 10923 of this title and owing payment or performance 
of an obligation secured by that security interest is perfected in all ju-
risdictions against all general, and subsequent lien, creditors of, and all 
persons taking a motor vehicle by sale (or taking or retaining a secu-
rity interest in a motor vehicle) from, that carrier when— 
(1) a certificate of title is issued for a motor vehicle under a 
law of a jurisdiction that requires or permits indication, on a 
46 use 984. 
Record system. 
49 use 11304. 
Definitions. 
.aajTisE 
Ante, pp. 
1410. 
1409, 
92 STAT. 1432 
PUBLIC LAW 95-473—OCT. 17, 1978 
certificate or title, of a security interest in the motor vehicle if 
the security interest is indicated on the certificate; 
(2) a certificate of title has not been issued and the law of the 
State where the principal place of business of that carrier is lo-
cated requires or permits public filing or recording of, or in rela-
tion to, that security interest if there has been such a public filing 
or recording; and 
(3) a certificate of title has not been issued and the security 
interest cannot be perfected under paragraph (2) of this subsec-
tion, if the security interest has been perfected under the law 
(including the conflict of laws rules) of the State where the 
principal place of business of that carrier is located. 
(c) This section does not affect a security interest perfected before 
January 1, 1959. 
SUBCHAPTER II—OWNERSHIP 
§ 11321. Limitation on ownership of certain water carriers 
(a)(1) Notwithstanding sections 11343 and 11344 of this title, a 
carrier, or a person controlling, controlled by, or under common control 
with a rail, express, sleeping car, or pipeline carrier providing trans-
portation subject to the jurisdiction of the Interstate Commerce Com-
Ante, p. 1359. 
mission under subchapter I of chapter 105 of this title may not own, 
operate, control, or have an interest in a water common carrier or 
vessel carrying property or passengers on a water route with which 
it does or may compete for traffic. 
Hearing. 
(2) The Commission may decide, after a full hearing, questions of 
fact related to competition or the possibility of competition under 
this subsection on application of a carrier. A carrier may file an ap-
plication to determine whether an existing service violates this sub-
section and may request permission to continue operation of a vessel 
or that action be taken under subsection (b) of this section. The Com-
mission may begin a proceeding under this subsection on its own ini-
tiative or on application of a shipper to investigate the operation of 
a vessel used by a carrier providing transportation subject to the juris-
diction of the Commission under subchapter I of that chapter if the 
carrier has not applied to the Commission and had the question of 
competition or the possibility of competition determined under this 
subsection. 
(b) Notwithstanding subsexjtion (a) of this section, the Commission 
may authorize a carrier providing transportation subject to the juris-
diction of the Commission under that subchapter to own, operate, 
control, or have an interest in a water common carrier or vessel that 
is not operated through the Panama Canal and with which the carrier 
does or may compete for traffic when the Commission finds that own-
ership, operation, control, or interest will still allow that water com-
mon carrier or vessel to be operated in the public interest advanta-
geously to interstate commerce and that it will still allow competition, 
without reduction, on the water route in question. However, section 
11343 of this title also applies to a transaction or interest under this 
subsection if the transaction or interest is within the scope of that 
section. The Commission may begin a proceeding under this subsection 
on application of a carrier. An authorization under this subsection 
is not necessary for a carrier that obtained an order of extension before 
mi^-
PUBLIC LAW 95-473—OCT. 17, 1978 
92 STAT. 1433 
September 18, 1940, under section 5(21) of the Interstate Commerce 
Act (37 Stat. 567), as amended, if the order is still in effect. 
49 USC 5. 
(c) The Commission may take action under this section only after a 
full hearing. An order entered as a result of the action may be condi-
tioned on giving security for the payment of an amount of money or 
the discharge of an obligation that is required to be paid or discharged 
under that order. 
§ 11322. Restrictions on officers and directors 
49 USC 11322. 
(a) A person may hold the position of officer or director of more than 
one carrier as defined in section 11301(a) (1) of this title only when 
authorized by the Interstate Commerce Commission. The (Commission 
may authorize a person to hold the position of officer or director of 
more than one of those carriers when public or private interests will 
not be adversely affected. 
(b) An officer or director of a carrier referred to in subsection (a) 
of this section may not— 
(1) receive, for the benefit of that officer or director, a thing of 
value in relation to the negotiation, hypothecation, or sale of a 
security issued or to be issued by that carrier; 
(2) share in the proceeds from the negotiation, hypothecation, 
or sale of a security issued or to be issued by that carrier; or 
(3) participate in making or paying dividends of an operating 
carrier from funds included in a capital account. 
§ 11323. Limitation on ownership of other carriers by freight 49 USC 11323. 
forwarders 
(a) A freight forwarder, or a person controlling, controlled by, or 
under common control with a freight forwarder, providing service 
subject to the jurisdiction of the Interstate Commerce Commission 
under subchapter IV of chapter 105 of this title, may not acquire con- Ante, p. 1369. 
trol of a carrier providing transportation subject to the jurisdiction of 
the Commission under subchapter I, II, or III of that chapter. How- Ante, pp. 1359, 
ever, this subsection does not prohibit a carrier providing transporta- 1361, 1365. 
tion under subchapter I, II, or III of chapter 105 from acquiring 
control of another such carrier under subchapter III of this chapter 
but subject to section 11321. 
(b^ A director, officer, employee, or agent of a common carrier 
providing transportation subject to the jurisdiction of the Commis-
sion under subchapter I, II, or III of chapter 105 of this title or a 
person controlling, controlled by, or under common control with one 
of those carriers, may not, for that person's pecuniary benefit, own, 
lease, control, or hold stock in a freight forwarder providing service 
subject to the jurisdiction of the Commission under subchapter IV of 
that chapter. However, this subsection does not prohibit the holding of 
a director's qualifying shares of stock from which no personal pecuni-
ary benefit is derived by the holder. 
(c) This subtitle does not prohibit a common carrier providing 
transportation subject to the jurisdiction of the Commission under 
subchapter I, II, or III of chapter 105 of this title or a person con-
trolling, controlled bv, or under common control with one of those 
carriers from controlling a freight forwarder. When that control 
exists, a rate, classification, rule, or practice of one of those carriers 
may not be found to be unlawful because of the relationship. 
92 STAT. 1434 
PUBLIC LAW 95-473—OCT. 17, 1978 
SUBCHAPTEK III—COMBINATIONS 
49 use 11341. 
§ 11341. Scope of authority 
(a) The authority of the Interstate Commerce Commission under 
this subchapter is exclusive. A carrier or corporation participating 
in or resulting from a transaction approved by the Commission under 
this subchapter may carry out the transaction, own and operate prop-
erty, and exercise control or franchises acquired through the trans-
action without the approval of a State authority. A carrier, corpora-
tion, or person participating in that transaction is exempt from the 
antitrust laws and from all other law, including State and municipal 
law, as necessary to let that person carry out the transaction, hold, 
maintain, and operate property, and exercise control or franchises 
acquired through the transaction. However, if a purchase and sale, a 
lease, or a corporate consolidation or merger is involved in the trans-
action, the carrier or corporation may carry out the transaction only 
with the assent of a majority, or the number required under applicable 
State law, of the votes of the holders of the capital stock of that 
corporation entitled to vote. The vote must occur at a regular meeting, 
or special meeting called for that purpose, of those stockholders and 
the notice of the meeting must indicate its purpose. 
(b) A power grant^ under this subchapter to a carrier or corpo-
ration is in addition to and changes its powers under its corporate 
charter and under State law. Action under this subchapter does not 
establish or provide for establishing a corporation under the laws of 
the United States. 
§ 11342. Limitation on pooling and division of transportation or 
earnings 
(a) A common carrier providing transportation subject to the juris-
diction of the Interstate Commerce Commission under subchapter I, 
II, or III of chapter 105 of this title may not agree or combine with 
another of those carriers to pool or divide traffic or services or any part 
of their earnings without the approval of the Commission under this 
section or sections 11124 and 11125 of this title. The Commission may 
approve and authorize the agreement or combination if the carriers 
involved assent to the pooling or division and the Commission finds 
that a pooling or division of traffic, services, or earnings— 
(1) will be in the interest of better service to the public or of 
economy of operation; and 
(2) will not unreasonably restrain competition. 
(b) The Commission may impose conditions governing the pooling 
or division and may approve and authorize payment of a reasonable 
consideration between the carriers. 
(c) This section affects an agreement or combination filed with the 
Commission before March 19, 1941, to which a water common carrier 
providing transportation subject to the jurisdiction of the Commission 
under subchapter III of chapter 105 of this title is a party only when 
the Commission determines that the agreement or combination does 
not meet the requirements for approval and authorization under sub-
section (a) of this section. 
Proceedings. 
(d) The Commission may begin a proceeding under this section on 
its own initiative or on application. 
49 use 11343. 
§ 11343. Consolidation, merger, and acquisition of control 
(a) The following transactions involving carriers providing trans-
portation subject to the jurisdiction of the Interstate Commerce Com« 
49 use 11342. 
Ante, pp. 1359, 
1361, 1365. 
PUBLIC LAW 95-473—OCT. 17, 1978 
92 STAT. 1435 
mission under subchapter I (except a pipeline carrier), II, or III of 
chapter 105 of this title may be carried out only with the approval Ante, pp. 1359, 
and authorization of the Commission: 
1361, 1365. 
(1) consolidation or merger of the properties or franchises 
of at least 2 carriers into one corporation for the ownership, 
management, and operation of the previously separately owned 
properties. 
(2) a purchase, lease, or contract to operate property of another 
carrier by any number of carriers. 
(3) acquisition of control of a carrier by any number of carriers. 
(4) acquisition of control of at least 2 carriers by a person that 
is not a carrier. 
(5) acquisition of control of a carrier by a person that is not 
,• ,4, *. 
a carrier but that controls any number of carriers. 
(6) acquisition by a rail carrier of trackage rights over, or 
. . ; M 
joint ownership in or joint use of, a railroad line (and terminals 
incidental to it) owned or operated by another rail carrier. 
..;x 
(b) A person may carry out a transaction referred to in subsection 
(a) of this section or participate in achieving the control or manage-
ment, including the power to exercise control or management, in a 
common interest of more than one of those carriers, regardless of how 
that result is reached, only with the approval and authorization of 
the Commission under this subchapter. In addition to other transac-
tions, each of the following transactions are considered achievements 
of control or management: 
(1) A transaction by a carrier has the effect of putting that 
carrier and persons affiliated with it, taken together, in control 
of another carrier. 
(2) A transaction by a person affiliated with a carrier has the 
effect of putting that carrier and persons affiliated with it, taken 
together, in control of another carrier. 
(3) A transaction by at least 2 persons acting together (one 
of whom is a carrier or is affiliated with a carrier) has the effect 
of putting those persons and carriers and persons affiliated with 
any of them, or with any of those affiliated carriers, taken to-
gether, in control of another carrier. 
(c) A person is affiliated with a carrier under this subchapter if, 
because of the relationship between that person and a carrier, it is 
reasonable to believe that the affairs of another carrier, control of 
which may be acquired by that person, will be managed in the interest 
of the other carrier. 
(d) (1) Approval and authorization by the Commission are not re-
quired if the only parties to a transaction referred to in subsection (a) 
of this section are motor carriers providing transportation subject to 
the jurisdiction of the Commission under subchapter II of chapter 105 
of this title and the aggregate gross operating revenues of those 
carriers were not more than $300,000 during a period of 12 consecutive 
months ending not more than 6 months before the date of the agree-
ment of the parties covering the transaction. However, the approval 
^ ,, , ., 
and authorization of the Commission is required when a motor carrier 
that is controlled bv or affiliated with a carrier providing transporta-
tion subject to the jurisdiction of the Commission under subchapter I 
of that chapter is a party to the transaction. 
(2) The approval and authorization of the Commission are not re-
quired if the only parties to a transaction referred to in subsection (a) 
of this section are street, suburban, or interurban electric railways 
92 STAT. 1436 
PUBLIC LAW 95-473—OCT. 17, 1978 
49 use 11344. 
Notification. 
Ante, p. 1361. 
Hearing. 
Ante, p. 1359. 
49 use 11345. 
Notice, 
publication in 
Federal Register. 
that are not controlled by or under common control with a carrier that 
is operated as part of a general railroad system of transportation. 
§11344. Consolidation, merger, and acquisition of control: gen< 
eral procedure.and conditions of approval 
(a) The Interstate Commerce Commission may be^in a proceeding 
to approve and authorize a transaction referred to in section 11343 
of this title on application of the person seeking that authority. When 
an application is filed with the Commission, the Commission shall 
notify the chief executive officer of each State in which property of 
the carriers involved in the proposed transaction is located and s!hall 
notify those carriers. If a motor carrier providing transportation 
subject to the jurisdiction of the Commission under subchapter II of 
chapter 105 of this title is involved in the transaction, the Commis-
sion must notify the persons specified in section 10328 (b) of this title. 
The Commission shall hold a public hearing when a rail carrier 
providing transportation subject to the jurisdiction of the Commis-
sion under subchapter I of that chapter is involved in the transaction 
unless the Commission determines that a public hearing is not neces-
sary in the public interest. 
(b) In a proceeding under this section, the Commission shall con-
sider at least the following: 
(1) the effect of the proposed transaction on the adequacy of 
transportation to the public. 
(2) the effect on the public interest of including, or failing to 
include, other rail carriers in the area involved in the proposed 
transaction. 
(3) the total fixed charges that result from the proposed trans-
action. 
(4) the interest of carrier employees affected by the proposed 
transaction. 
(c) The Commission shall approve and authorize a transaction 
under this section when it finds the transaction is consistent with the 
public interest. The Commission may impose conditions governing 
the transaction. When the transaction contemplates a guaranty or 
assumption of payment of dividends or of fixed charges or will result 
in an increase of total fixed charges, the Commission may approve 
and authorize the transaction only if it finds that the guaranty, as-
sumption, or increase is consistent with the public interest. When a 
rail carrier, or a person controlled by or affiliated with a rail carrier, 
is an applicant and the transaction involves a motor carrier, the Com-
mission may approve and authorize the transaction only if it finds 
that the transaction is consistent with the public interest, will enable 
the rail carrier to use motor carrier transportation to public advan-
tage in its operations, and will not unreasonably restrain competition. 
When a rail carrier is involved in the transaction, the Commission may 
require inclusion of other rail carriers located in the area involved 
in the transaction if they apply for inclusion and the Commission finds 
their inclusion to be consistent with the public interest. 
§11345. Consolidation, merger, and acquisition of control: rail 
carrier procedure 
(a) If a rail carrier providing transportation subject to the juris-
diction of the Interstate Commerce Commission under subchapter 1 
of chapter 105 of this title is involved in a proposed transaction under 
section 11343 of this title, this section and section 11344 of this title 
also apply to the transaction. The Commission shall publish notice of 
PUBLIC LAW 95-473—OCT. 17, 1978 
92 STAT. 1437 
the application in the Federal Register by the end of the 30th day 
after the application is filed with the Commission and after a certified 
copy of it is furnished to the Secretary of Transportation. However, 
if the application is incomplete, the Commission shall reject it by the 
. /fe'! 
end of that period. The order of rejection is a final action of the 
Commission under section 10327 of this title. 
^nte, p. 1348. 
(b) Written comments about an application may be filed with the Filing comments. 
Commission within 45 days after notice of the application is published 
under subsection (a) of this section. Copies of those comments shall 
be served on the Secretary of Transportation and the Attorney Gen-
eral, each of whom may decide to intervene as a party to the proceed-
ing. That decision must be made by the 15th day after the date of 
receipt of the written comments, and if the decision is to intervene, 
preliminary comments about the application must be sent to the Com-
mission by the end of the 15th day after the date of receipt of the 
written comments. 
(c) The Commission shall require that applications inconsistent 
with an application, notice of which was published under subsection 
(a) of this section, and applications for inclusion in the transaction, 
be filed with it and given to the Secretary of Transportation by the 
90th day after publication of notice under that subsection. 
(d) The Commission must conclude evidentiary proceedings by the Evidentiary 
240th day after the date of publication of notice under subsection (a) proceedings, 
of this section. However, if the application involves the merger or 
control of at least 2 class I railroads, as defined by the Commission, it 
must conclude evidentiary proceedings by the end of the 24th month 
after the date of publication of notice under subsection (a) of this 
section. The Commission must issue a final decision by the 180th day 
after the date it concludes the evidentiary proceedings. If the Commis-
sion does not issue a decision that is a final action under section 10327 
of this title, it shall send written notice to Congress that a decision was 
not issued and the reason why it was not issued. 
(e) The Commission may waive the requirement that an initial Waiver, 
decision be made under section 10327 of this title and make a final 
decision itself when it determines that action is required for the timely 
execution of its functions under this subchapter or that an application 
governed by this section is of major transportation importance. The 
decision of the Commission under this subsection is a final action under 
section 10327 of this title. 
(f) The Secretary of Transportation may propose changes in trans-
actions governed by this section when a rail carrier is involved. The 
Secretary may appear before the Commission to support those changes. 
§11346. Consolidation, merger, and acquisition of control: ex- 49 USC 11346. 
pedited rail carrier procedure 
(a) A rail carrier providing transportation subject to the jurisdic-
tion of the Interstate Commerce Commission under subchapter I of 
chapter 105 of this title or the Secretary of Transportation may apply, Ante, p. 1359. 
before January 1, 1982, for authority for and approval of a merger, 
consolidation, unification or coordination project (as described in sec-
tion 1654(c) of this title), joint use of tracks or other facilities, or 
acquisition or sale of assets involving one of those rail carriers, under 
this section instead of sections 11344 and 11345 of this title. The Secre-
tary may apply under this section only when the parties to the applica-
tion that are rail carriers providing transportation subject to the ju- 
, 
risdiction of the Commission under subchapter I of that chapter con-
sent to an application by the Secretary, A rail carrier may apply under 
92 STAT. 1438 
PUBLIC LAW 95-473—OCT. 17, 1978 
Notice. 
Panel; 
recommended 
decisions. 
Written views to 
the panel. 
Availability to 
public. 
this section only if it sent the proposed transaction to the Secretary for 
a report under section 11350 of this title at least 6 months before apply-
ing under this section. 
(b) When the Commission notifies persons required to receive notice 
that an application has been filed under this section, the Commission 
must include in the notice a copy of the application, a summary of 
the proposed transaction, and the applicant's reasons and public inter-
est justification for the transaction. When the Commission notifies the 
Secretary of Transportation that an application has been filed under 
this section, the Commission shall also request the report of the Sec-
retary prepared under section 11350 of this title. By the 10th day 
after receiving an application under this section, the Commission shall 
send notice of the proposed transaction to— 
(1) the chief executive officer of each State that may be affected 
by the execution or implementation of the proposed transaction; 
(2) the Attorney General; 
(3) the Secretary of Labor; and 
(4) the Secretary of Transportation (unless the Secretary is the 
applicant under subsection (a) of this section). 
(c) The Commission shall designate a panel of the Commission to 
make a recommended decision on each application under this section. 
The panel must begin a proceeding by tne 90th day after the date 
the Commission receives the application, complete the proceeding by 
the 180th day after the application is referred to it, and give its 
recommended decision and certify the record to the entire Commission 
by the 90th day after the proceeding is completed. The panel may use 
employees appointed under section 3105 of title 5 and the Rail Serv-
ices Planning Office in conducting the proceeding, evaluating the ap-
plication and comments received about it, and determining whether 
it is in the public interest to approve and authorize the transaction 
under the last sentence of subsection (d) of this section. To carry out 
this subsection, the panel may make rules and rulings to avoid unnec-
essary costs and delay. In making its recommended decision, the panel 
shall— 
(1) request the views of the Secretary of Transportation about 
the effect of the transaction on the national transportation policy, 
as stated by the Secretary, and consider the report submitted 
under section 11350 of this title; 
(2) request the views of the Attorney General about the effect 
of the transaction on competition; and 
(3) request the views of the Secretary of Labor about the effect 
of the transaction on rail carrier employees, particularly whether 
the proposal contains adequate employee protection provisions. 
The Secretaries and the Attorney General shall send their written 
views to the panel. Those statements are available to the public under 
section 552(a) of title 5. 
(d) When the recommended decision and record of a proceeding 
under this section are certified to the entire Commission, it must hear 
oral argument on the matter certified to it and make a final decision by 
the 120th day after receiving the recommended decision and record. 
The Commission may extend a time period under subsection (c) of 
this section or under this subsection but must make its final decision 
by the end of the 2d year after receipt of the application by the 
Commission. The Commission shall consider the report of the Secre-
tary of Transportation under section 11350 of this title in making 
PUBLIC LAW 95-473—OCT. 17, 1978 
92 STAT. 1439 
its final decision. The final decision must be accompanied by a written 
opinion stating the reasons for the Commission action. The Commis-
sion may— 
(1) approve the transaction if the Commission determines 
the transaction is in the public interest; 
(2) approve the transaction with conditions and modifications 
that it determines are in the public interest; or 
(3) disapprove the transaction if it determines the transaction 
is not in the public interest. 
§ 11347. Employee protective arrangements in transactions in- 49 USC 11347. 
volving rail carriers 
When a rail carrier is involved in a transaction for which approval 
is sought under sections 11344 and 11345 or section 11346 of this title, 
the Interstate Commerce Commission shall rec[uire the carrier to pro-
vide a fair arrangement at least as protective of the interests of 
employees who are affected by the transaction as the terms imposed 
under this section before February 5, 1976, and the terms established 
under section 565 of title 45. Notwithstanding this subtitle, the ar- 
"*<•'•''- 
i-^"' -'• 
rangement may be made by the rail carrier and the authorized rep-
resentative of its employees. The arrangement and the order approv-
ing the transaction must require that the employees of the affected rail 
carrier will not be in a worse position related to their employment as 
'
^ 
a result of the transaction during the 4 years following the effective 
date of the final action of the Commission (or if an employee was em-
ployed for a lesser period of time by the carrier before the action be-
came effective, for that lesser period). 
§ 11348. Interstate Commerce Commission authority over non- "^^ USC 11348. 
carrier that acquires control of carrier 
(a) When the Interstate Commerce Commission approves and au-
thorizes a transaction under sections 11344 and 11345 of this title in 
which a person not a carrier providing transportation subject to the 
^t .,, 
jurisdiction of the Commission under chapter 105 of this title acquires 
control of at least one carrier subject to the jurisdiction of the Com-
mission, the person is subject, as a carrier, to the following provisions 
of this title that apply to the carrier being acquired by that person, to 
the extent specified by the Commission: section 10764, subchapter III 
of chapter 111, and sections 11301, 11302, 11709, 11711, 11901(f), .4nte, p. 1397. 
(h)(1), 11909 (a) (l),(b), and 11911(a). 
(b) When a person subject to sections 11301,11302,11322,11709, and 
11911 of this title because of acquiring control of a carrier, applies to 
the Commission for authority to issue securities or assume obligations 
or liabilities under those sections, the Commission may authorize the 
issue or assumption only when it finds the issue or assumption— 
(1) is consistent with the proper performance of public trans-
portation by the carrier that is controlled by that person; 
(2) will not impair the ability of the carrier to provide public 
transportation; and 
(3) is consistent with the public interest in other respects. 
§ 11349. Temporary operating approval for transactions involving 49 USC 11349. 
motor and water carriers 
(a) Pending determination of an application filed with the Inter-
state Commerce Commission under this subchapter for approval of a 
consolidation or merger of the properties of at least 2 motor carriers 
92 STAT. 1440 
PUBLIC LAW 95-473—OCT. 17, 1978 
Alv 
Ante, p. 1345. 
5 use 551. 
49 use 11350. 
Publication in 
Federal Register. 
Ante, p. 1359. 
.m-S 
Study. 
or at least 2 water carriers, or of a purchase, lease, or contract to op-
erate the properties of at least one motor carrier or at least one water 
carrier, the Commission may approve, for a period of not more than 
180 days, the operation of the properties sought to be acquired by 
the person proposing in the application to acquire those properties. 
The Commission may approve operation of motor carrier properties 
when it appears that failure to grant the approval may result in 
destruction of or injury to those motor carrier properties the person is 
seeking to acquire, or substantially interfere with their future useful-
ness in providing adequate and continuous service to the public. The 
Commission may approve the operation of water carrier properties 
only for good cause shown. 
(b) The Commission may take action under subsection (a) of this 
section without regard to subchapter II of chapter 103 of this title 
and subchapter II of chapter 5 of title 5. Transportation provided 
by a motor carrier under a grant of approval under this section is 
subject to this subtitle. 
§11350. Responsibility of the Secretary of Transportation in 
certain transactions 
(a) When a rail carrier providing transportation subject to the 
jurisdiction of the Interstate Commerce Commission under subchap-
ter I of chapter 105 of this title sends a proposed transaction to the 
Secretary of Transportation under section 11346(a) of this title or 
the Secretary develops a proposed transaction for submission to the 
Commission under that section, the Secretary shall publish a summary 
and a detailed account of the transaction in the Federal Register and 
give notice of the transaction to the Attorney General and to the chief 
executive officer of each State in which property of a rail carrier in-
volved in the transaction is located. The Secretary shall initiate an 
informal proceeding on the proposed transaction under section 553 
of title 5. 
(b) By the 10th day after an application is submitted to the Com-
mission under section 11346 of this title, the Secretary shall complete 
and send to the Commission a study of the proposed transaction 
about— 
(1) the needs of rail transportation in the geographical area 
affected by the transaction; 
(2) the effect of the transaction on competition in rail trans-
portation and other modes of transportation in the geographical 
area affected by the transaction; 
(3) the environmental impact of the transaction and of alter-
native choices of action; 
(4) the effect of the transaction on employment; 
(5) the coelt of rehabilitation and modernization of track, 
equipment, and other facilities, with a comparison of the potential 
savings or losses from other possible choices of action; 
(6) the rationalization of the rail system; 
(7) the impact of the transaction on shippers, consumers, and 
rail carrier employees; 
(8) the effect of the transaction on communities in the geo-
graphical area affected by the transaction and on geographical 
areas contiguous to the affected areas; and 
(9) whether the proposed transaction will improve rail 
service. 
PUBLIC LAW 95-473—OCT. 17, 1978 
92 STAT. 1441 
SUBCHAPTER IV—FINANCIAL STRUCTURE 
§ 11361. Scope of authority: changes in financial structure 
49 USC 11361. 
(a) The authority of the Interstate Commerce Commission to act 
under this subchapter is exclusive. The Commission may approve and 
authorize a carrier, as defined in section 11301(a) (1) of this title, to 
change (1) a part of a class of its securities, as defined in section 11301 
(a) (2) of this title, or (2) a part of an instrument under which a class 
of its securities is issued or a class of its obligations is secured. When a 
change is approved and authorized by the Commission under this sub-
chapter, the carrier may carry out the change notwithstanding an 
express provision in the affected instrument or a State law and with-
out getting other approval from the Commission or from a State 
' 
authority. A person participating in carrying out a change that is 
approved and authorized under this subchapter is exempt from all 
other law, including State and municipal law, as necessary to let that 
person carry out the change. 
(b) The Commission may not approve an application filed under 
this section by a carrier that is in equity receivership or reorganiza-
tion under section 205 of title 11. 
(c) A power granted to a carrier under this subchapter changes its 
powers under its corporate charter and under State law. 
(d) This subchapter does not affect the negotiability of a security 
of a carrier or of the obligation of a carrier that assumed liability 
related to a security. This subchapter does not apply to an equipment-
trust certificate under which a carrier is obligated, to an evidence of 
indebtedness of a carrier the payment of which is secured solely by 
' 
•"•.• ^^ 
equipment, or to another instrument under which that equipment-
trust certificate or evidence of indebtedness was issued or oy which 
either of them is secured. 
§ 11362. Criteria for approval and authority 
49 USC 11362. 
(a) A carrier may apply to the Interstate Commerce Commission 
for approval and authority to make a change under this subchapter. 
To approve a proposed change, the Commission must find that the 
proposed change— 
(1) is within the scope of section 11361 of this title; 
(2) will be in the public interest; 
(3) will be in the best interests of the carrier, of each class 
of its stockholders, and of the holders of each class of the carrier's 
obligations that are affected by the change; and 
(4) will not be against the interests of a creditor of the carrier 
who is not affected by the change. 
If the change involves an issuance of securities, the Commission must 
also make the findings required under section 11301(d)(1) of this 
title. 
(b) (1) The Commission shall begin a proceeding under this section 
on receipt of an application but may require an applicant to get assur-
ances of assent to the change from the holders of the outstanding 
shares of the securities that will be affected by the change before con-
tinuing with the proceeding. The Commission may determine the per-
centage of the principal amount or number of those shares needed 
to establish assurance of assent to the change. A class of securities is 
considered to be affected by a proposed change only if the change is 
proposed to a part of that class or to a part of an instrument under 
which that class was issued or by which it is secured. However, if a 
39-194 O—80—pt. 2 
11 : QL3 
92 STAT. 1442 
PUBLIC LAW 95-473—OCT. 17, 1978 
.ihK 
Notice. 
49 use 11363. 
proposed change is to an instrument under which at least 2 classes of 
securities were issued and are outstanding or secured by that instru-
ment, only those classes to which the change is related are considered 
to be affected. The Commission shall divide the securities to be affected 
by a proposed change under this subchapter into reasonable classes 
for purposes of this subchapter. 
(2) On receipt of an application of a carrier under this section the 
Commission shall notify, and file a copy of the application with, the 
chief executive officer of each State in which that carrier operates. The 
appropriate authorities of those States are entitled to be admitted as 
parties to a proceeding under this section to represent the rights 
and interests of their people and States. 
(c) The carrier must give notice of the proceeding to the holders 
of the class of securities affected. The Commission may direct the 
carrier to give notice to other persons the Commission determines to 
have an interest in the proceeding. The carrier may give notice under 
this subsection only after it gets assurances of assent when they are 
required under this section. 
(d) The Commission may impose conditions governing the pro-
posed change. The Commission may determine the effective date for 
a change it approves and authorizes under this subchapter and may 
allow it to become effective on publication of a declaration to that 
effect by the carrier. After an application is approved, the Commis-
sion may change a condition imposed and impose supplemental require-
ments tor good cause shown subject to the requirements of this 
subchapter. 
§11363. Assent of holders of securities and certain other 
instruments 
(a) (1) After making the findings required under section 11362(a.) 
of this title, the Commission may approve and authorize the change 
if it is assented to by the holders of at least 75 percent of the aggregate 
principal amount or number of outstanding shares of each class of 
securities affected by the change. The Commission may increase the 
percentage required for assent under this subsection for a class of 
shares when an increase is in the public interest and— 
(A) 75 percent of the shares in that class are held by less than 
25 security holders; or 
(B) that class is entitled to vote for the election of directors of 
the carrier and the Commission determines that the assent of at 
least 25 percent of the security holders of that class are controlled 
by the carrier or a person controlling the carrier. 
(2) The carrier may withdraw its application after the Commission 
makes the findings required under section 11362(a) of this title. If the 
application is not withdrawn, the Commission must require the carrier 
to submit the proposed change, with conditions imposed by the Com-
mission, to the holders of each class of its securities affected by the 
change for their assent or rejection. 
(b) (1) In determining the percentage of outstanding securities 
when making a finding under section 11362(a) of this title, a security 
that secures an evidence of indebtedness of the carrier or of a company 
controlling or controlled by the carrier is considered to be outstanding 
unless the Commission determines that the proposed change does not 
materially affect the interest of the holder of that evidence of indebted-
ness. When that security is considered to be outstanding, assent to a 
proposed change may be given, notwithstanding another instrument, 
only— 
•!; J^ 
o><-;-OMM-« 
PUBLIC LAW 95-473—OCT. 17, 1978 
92 STAT. 1443 
(A) if the security is pledged as security under an instrument 
:, 
under which an evidence of indebtedness was issued and is out-
standing, by the holder of a majority of the principal amount of 
the evidence of indebtedness; or 
' 
(B) if the security secures an evidence of indebtedness not 
issued under an instrument under which an evidence of indebted-
ness was issued, by the holder of the evidence of indebtedness. 
(2) In addition to a submission required under subsection (a) of 
this section, the Commission shall require the carrier to submit a pro-
posed change to a security referred to in this subsection, with require-
ments imposed by the Commission, to the holder of the evidence of 
indebtedness referred to in paragraph (1) (A) and (B) of this sub-
section as appropriate, for assent or rejection. A carrier is not required 
:? 
to submit the change to the trustee of the instrument referred to in 
that paragraph. 
(c) If the Commission determines that the assent of the holder of 
a security not entitled to vote for the election of directors of the car-
rier or an evidence of indebtedness is in the control of the carrier 
or of a person controlling the carrier, that security or evidence of 
indebtedness is not considered to be outstanding. 
§ 11364 Procedure 
49 USC 11364. 
(a) The Commission may prescribe the manner in which assents, 
assurances of assent, or rejections of the security holders may be solic- 
^'' ' 
'--= " 
ited whether the solicitation is made before or after the Commission 
approves and authorizes the proposed change. 
(b) The Commission may approve a bank or trust company, incor-
porated under the law of the United States or a State, that is a mem-
ber of the Federal Reserve System and has a capital and surplus of at 
least $2,000,000, to receive assents and revocations of assents from 
security holders. The Commission may require the security holders 
to send those assents and revocations to that bank or trust company. 
That bank or trust company shall certify the result of the submission 
to the Commission. The Commission may relj'^ on that certification 
as conclusive evidence in determining the result of that submission. 
§ 11365. Effect of change on other persons 
49 USC 11365. 
(a) When a change becomes effective under this subchapter, the 
change is binding on, and changes the rights of— 
(1) each holder of a security of the carrier of each class affected 
by the change; and 
(2) a trustee or other party to an instrument under which 
a class of securities has been issued or by which it is secured. 
(b) An authorization and approval of a change under this sub-
chapter is authority for, and approval of, a corresponding change of 
the obligation of another carrier that assumed liability related to that 
class of securities if that carrier consents to the change in writing. 
When consent is given, the corresponding change becomes effective 
when the change of the class of securities or instrument becomes bind-
ing. A person who is liable or obligated on a class of securities issued 
by a carrier is a carrier with respect to that class for the purposes of 
this subchapter. 
§ 11366. Reports 
49 USC 11366. 
A carrier receiving approval and authorization to make a change 
under this subchapter shall report the action taken by it in making 
that change to the Interstate Commerce Commission. The Commission 
may require periodic or special reports. 
92 STAT. 1444 
PUBLIC LAW 95-473—OCT. 17, 1978 
49 use 11367. 
§ 11367. Application of other laws 
' 
' 
(a) Section 78n(a) of title 15 does not apply to a solicitation related 
to a proposed change under this subchapter. 
(b) If the Interstate Commerce Commission finds an issuance of 
a security, that is an interest in a railroad equipment trust as defined 
in section 77c(a) (6) of title 15, under this subchapter complies with 
section 11301 of this title, it is considered to be an issuance subject to 
section 11301 within the meaning of section 77c(a) (6) of title 15. 
Section 77e of that title does not apply to the issuance, sale, or ex-
change of certificates of deposit representing securities of, or claims 
against, a carrier that are issued by committees in proceedings under 
this subchapter. Those certificates and transactions under this sub-
15 use 77a. 
chapter are exempt from subchapter I of chapter 2A of title 15. 
CHAPTER 115—FEDERAL-STATE RELATIONS 
Sec. 
11501. Interstate Commerce Commission authority over intrastate transportation. 
11502. Conferences and joint hearings with State authorities. 
11503. Tax discrimination against rail transportation property. 
11504. Withholding State and local income tax by certain carriers. 
11505. State action to enjoin rail carriers from certain actions. 
11506. Registration of motor carriers by a State. 
11507. Prison-made property governed by State law. 
49 use 11501. 
Ante, pp. 1359, 
1369. 
§11501. Interstate Commerce Commission authority over intra-
state transportation 
(a)(1) The Interstate Commerce Commission shall prescribe the 
rate, classification, rule, or practice for transportation or service pro-
vided by a carrier subject to the jurisdiction of the Commission under 
subchapter I or IV of cliapter 105 of this title when the Commission 
finds that a rate, classification, rule, or practice of a State causes— 
(A) between persons or localities in intrastate commerce and in 
interstate and foreign commerce, unreasonable discrimination 
against those persons or localities in interstate or foreign com-
merce; or 
(B) unreasonable discrimination against or imposes an unrea-
sonable burden on interstate or foreign commerce. 
(2) The Commission may make a finding under this subsection in-
volving a carrier providing transportation subject to its jurisdic-
tion under subchapter I of chapter 105 of this title without separating 
interstate and intrastate property, revenues, and expenses, and without 
considering the total operations, or their results, of a carrier or group 
of carriers operating entirely in one State. 
(b) (1) The Commission has exclusive authority to prescribe an 
intrastate rate for transportation provided by a rail carrier subject 
to the jurisdiction of the Commission under subchapter I of chapter 
105 of this title when— 
(^A) a rail carrier files with an appropriate State authority a 
change in an intrastate rate, or a change in a classifiction, rule, 
or practice that has the effect of changing an intrastate rate, that 
adjusts the rate to the rate charged on similar traffic moving in 
interstate or foreign commerce; and 
(B) the State authority does not act finally on the change by 
the 120th day after it was filed. 
(2) When a rail carrier files an application with the Commission un-
der this subsection, the Commission shall prescribe the intrastate rate 
under the standards of subsection (a) of this section. Notice of the 
application shall be served on the State authority. 
PUBLIC LAW 95-473—OCT. 17, 1978 
92 STAT. 1445 
Ante, p. 1361. 
(c) The Commission may take action under this section only after 
Hearing, 
a full hearing. Action of the Commission under this section supersedes 
State law or action taken under State law in conflict with the action 
of the Commission. 
§ 11502. Conferences and joint hearings with State authorities 
49 USC 11502. 
(a) (1) In carrying out this subtitle as it applies to a class of persons 
providing transportation or service subject to the jurisdiction of the 
Interstate Commerce Commission under subchapter I, III, or IV 
of chapter 105 of this title, the Commission may— 
Ante, pp. 1359, 
(A) confer and hold joint hearings with the State authorities 
1^65, 1369. 
having regulatory jurisdiction of that class when the conference 
or hearing is related to an investigation of the relationship be-
tween rate structures and practices of carriers providing trans-
portation or service subject to the jurisdiction of the State 
authorities and of the Commission, and the Commission may take 
action as a result of the investigation that may affect the rate-
making authority of a State; and 
(B) cooperate with and use the services, records, and facilities 
of the State authorities. 
(2) In carrying out this subtitle as it applies to motor carriers and 
brokers providing transportation subject to the jurisdiction of the 
Commission under subchapter II of chapter 105 of this title, the Com-
mission may— 
(A) confer and hold joint hearings with State authorities; 
(B) cooperate with and use the services, records, and facilities 
of State authorities; and 
(C) make cooperative agreements with a State to enforce the 
economic laws and regulations of a State and the United States 
concerning highway transportation. 
(b) When an investigation under this subtitle involving a common 
carrier providing transportation or service subject to the jurisdiction 
of the Commission under subchapter I or IV of chapter 105 of this 
title, is about a rate, classification, rule, or practice of a State, the 
Commission shall notify the interested State of the proceeding before 
disposing of the issue. 
(c) When a representative of a State authority sits with the Com-
mission in an investigation about a carrier subject to the jurisdic-
tion of the Commission under subchapter I or III of chapter 105 of 
this title, the representative may be given an allowance for travel and 
subsistence expenses. The Commission may determine the amount of 
the allowance. 
§ 11503. Tax discrimination against rail transportation property 
49 USC 11503. 
(a) In this section— 
Definitions. 
(1) "assessment" means valuation for a property tax levied 
by a taxing district. 
(2) "assessment jurisdiction" means a geographical area in a 
State used in determining the assessed value of property for ad 
= y-- i i 
valorem taxation. 
(3) "rail transportation property" means property, as defined 
by the Interstate Commerce Commission, owned or used by a rail 
carrier providing transportation subject to the jurisdiction of the 
Commission under subchapter I of chapter 105 of this title. 
(4) "commercial and industrial property" means property, 
other than transportation property and land used primarily for 
Travel and 
subsistence 
allowances. 
92 STAT. 1446 
PUBLIC LAW 95-473—OCT. 17, 1978 
Mcr*v.' 
agricultural purposes or timber growing, devoted to a commercial 
or industrial use and subject to a property tax levy. 
(b) The following acts unreasonably burden and discriminate 
against interstate commerce, and a State, subdivision of a State, or 
S'j-ijl 'j'j^: : 
authority acting for a State or subdivision of a State may not do any 
of them: 
(1) assess rail transportation property at a value that has a 
higher ratio to the true market value of the rail transportation 
property than the ratio that the assessed value of other commer-
cial and industrial property in the same assessment jurisdiction 
has to the true market value of the other commercial and indus-
trial property, 
(2) levy or collect a tax oil an assessment that may not be made 
under clause (1) of this subsection. 
(3) levy or collect an ad valorem property tax on rail trans-
portation property at a tax rate that exceeds the tax rate appli-
cable to commercial and industrial property in the same assessment 
jurisdiction. 
(4) impose another tax that discriminates against a rail carrier 
providing transportation subject to the jurisdiction of the Com-
mission under subchapter I of chapter 105 of this title. 
j.,j.i 
(c) Notwithstanding section 1341 of title 28 and without regard 
to the amount in controversy or citizenship of the parties, a district 
court of the United States has jurisdiction, concurrent with other juris-
diction of courts of the United States and the States, to prevent a vio-
lation of subsection (b) of this section. Belief may be granted under 
this subsection only if the ratio of assessed value to true market value 
of rail transportation property exceeds by at least 5 percent, the ratio 
of assessed value to true market value of other commercial and indus-
trial property in the same assessment jurisdiction. The burden of proof 
in determining assessed value and true market value is governed by 
State law. If the i-atio of the assessed value of other commercial and 
industrial property in the assessment jurisdiction to the true market 
value of all other commercial and industrial property cannot be deter-
mined to the satisfaction of the district court through the random-
; 
sampling method known as a sales assessment ratio study (to be car-
ried out under statistical principles applicable to such a study), the 
coui-t shall find, as a violation of this section— 
(1) an assessment of the rail transportation property at a value 
that has a higher ratio to the true market value of the rail trans-
portation property than the assessed value of all other property 
subject to a property tax levy in the assessment jurisdiction has to 
the true market value of all other commercial and industrial 
property; and 
(2) the collection of an ad valorem property tax on the rail 
transportation property at a tax rate that exceeds the tax ratio 
rate applicable to taxable property in the taxing district. 
49 use 11504. 
§ 11504. Withholding State and local income tax by certain car-
riers 
(a) (1) In this subsection, an employee is deemed to have earned 
more than 50 percent of pay in a State or subdivision of a State 
if the employee— 
(A) performs regularly assigned duties on a locomotive, car, 
or other track-borne vehicle in at least 2 States and the mileage 
PUBLIC LAW 95-473—OCT. 17, 1978 
92 STAT. 1447 
' 
traveled in one State or subdivision of that State is more than 
50 percent of the total mileage traveled by the employee while 
employed during the calendar year; or 
(B) is engaged principally in maintaining roadways, signals, 
communications, and structures or in operating motortrucks from 
railroad terminals in at least 2 States and the percent of the time 
worked by the employee in one State or subdivision of that 
State is more than 50 percent of the total time worked by the 
employee while employed during the calendar year. 
(2) A rail, express, or sleeping car carrier providing transportation 
subject to the jurisdiction of the Interstate Commerce Commission 
under subchapter I of chapter 105 of this title shall withhold from ^nte, p. 1359. 
the pay of an employee referred to in paragraph (1) of this subsection 
only income tax required to be withheld by the laws of a State, or 
subdivision of that State— 
(A) in which the employee earns more than 50 percent of the 
• - i: ,
:
> ; .
-
"
> 
pay received by the employee from the carrier; or 
(B) that is the residence of the employee (as shown on the 
employment records of the carrier), if the employee did not earn 
in one State or subdivision more than 50 percent of the pay re- 
,' ' .^ 
ceived by the employee from the carrier during the preceding 
calendar year. 
(b)(1) In this subsection— 
(A) "State" includes a State, territory, or possession of the "State." 
^s' s 
United States, and the Commonwealth of Puerto Rico. 
(B) an employee is deemed to have earned more than 50 percent 
of pay in a State or subdivision of a State in which the mileage 
traveled by the employee in that State or subdivision is more than 
50 percent of the total mileage traveled by the employee while 
employed during the calendar year. 
(2) A motor carrier providing transportation subject to the juris- 
^ 
diction of the Commission under subchapter II of chapter 105 of this 
title and a motor private carrier shall withhold from the pay of an -^n^. P- 1361. 
employee having regularly assigned duties on a motor vehicle in at 
least 2 States, only income tax required to be withheld by the laws of a 
State, or subdivision of that State— 
(A) in which the employee earns more than 50 percent of the 
pay received by the employee from the carrier; or 
(B) that is the residence of the employee (as shown on the 
employment records of the carrier), if the employee did not 
earn in one State or subdivision more than 50 percent of the pay 
, 
,. 
received by the employee from the carrier during the preceding 
calendar year, 
(c) (1) In this subsection, an employee is deemed to have earned 
more than 50 percent of pay in a State or subdivision of that S'^ate in 
which the time worked by the employee in the State or subdivision is 
more than 50 percent of the total time worked by the employee while 
employed during the calendar year. 
(2) A water carrier providing transportation subject to the 
jurisdiction of the Commission under subchapter III of chapter 105 
of this title or a water carrier or class of water carriers providing Ante, p. 1365. 
transportation on inland or coastal waters under an exemption under 
this subtitle shall file income tax information returns and other reports 
only with— 
(A) the State and subdivision of residence of the employee 
(as shown on the employment records of the carrier); and 
92 STAT. 1448 
PUBLIC LAW 95-473—OCT. 17, 1978 
49 use 11505. 
Ante, pp. 
1402-1407. 
Ante, p. 1418. 
49 u s e 11506. 
"Standards," and 
"amendments to 
standards." 
Ante, p. 1361. 
Ante, p. 1361. 
Ante, pp. 1409, 
1410. 
Ante, p. 1361. 
' 
(B) the State and subdivision in which the employee earned 
more than 50 percent of the pay received by the employee from 
the carrier during the preceding calendar year. 
(3) This subsection applies to pay of a master, officer, or seaman 
who is a member of the crew on a vessel engaged in foreign, coastwise, 
intercoastal or noncontiguous trade or in the fisheries of the United 
States. 
(d) A rail, express, sleeping car, motor, and motor private carrier 
withholding pay from an employee under subsection (a) or (b) of 
this section shall file income tax information returns and other 
reports only with— 
(1) the State and subdivision of residence of the employee; 
and 
(2) the State and subdivision in which withholding of pay is 
required under subsection (a) or (b) of this section. 
§ 11505. State action to enjoin rail carriers from certain actions 
(a) The attorney general of a State or transportation regulatory 
authority of a State or area affected by a violation of sections 10901-
10907 of this title, may bring a civil action to enjoin a rail carrier 
from violating those sections. 
(b) A transportation regulatory authority of a State affected by an 
abandonment of service by a freight forwarder in violation of sec-
tion 10933 of this title may bring a civil action to enjoin the aban-
donment. 
§ 11506. Registration of motor carriers by a State 
(a) In this section, "standards" and "amendments to standards" 
mean the specification of forms and procedures required by regula-
tions of the Interstate Commerce Commission to prove the lawfulness 
of transportation by motor carrier referred to in section 10521(a) (1) 
and (2) of this title by— 
(1) filing and maintaining certificates and permits issued to 
the motor carrier by the Commission; 
(2) registering motor vehicles operating under the certificates 
and permits; 
(3) filing and maintaining proof of required insurance coverage 
or qualification as a self-insurer; and 
(4) filing the name of a local agent for service of process. 
(b) The requirement of a State that a motor carrier, providing 
transportation subject to the jurisdiction of the Commission under 
subchapter II of chapter 105 of this title and providing transportation 
in that State, register the certificate or permit issued to the carrier 
under section 10922 or 10923 of this title is not an unreasonable burden 
on transportation referred to in section 10521(a) (1) and (2) of this 
title when the registration is completed under standards of the Com-
mission under subsection (c) of this section. When a State registration 
requirement imposes obligations in excess of the standards, the part 
in excess is an unreasonable burden. 
(c) (1) The Commission shall maintain standards and amendments 
to standards (A) prepared and certified to it by the national orga-
nization of the State Commissions, and (B) prescribed by the Com-
mission. If the national organization determines to withdraw entirely 
standards prescribed by the Commission, the Commission shall pre-
scribe new standards by the end of the first year after the national 
organization determines to withdraw the standards. 
(2) An amendment to the standards prepared and certified by the 
national organization and prescribed by the Commission is effective 
PUBLIC LAW 95-473—OCT. 17, 1978 
92 STAT. 1449 
when the amendment is prescribed or at another time as determined 
by the national organization. 
(d) The national organization shall consult with the Commission 
and representatives of motor carriers subject to the State registration 
requirement when preparing amendments to the standards. Different 
amendments may be prescribed for each class of motor carriers as 
warranted by the differences in the operations of each class. 
(e) This section does not— 
(1) authorize standards in conflict with regulations of the Com-
mission; or 
(2) affect the authority of the Commission to interpret its 
regulations and certificates and permits issued under section 10922 
or 10923 of this title. 
§ 1150T. Prison-made property governed by State law 
Goods, wares, and merchandise produced or mined in a penal institu-
tion or by a prisoner not on parole or probation and transported into 
and used, sold, or stored in a State or territory or possession of the 
United States, is subject to the laws of that State, territory, or pos-
session. This section does not apply to commodities produced in a penal 
institution of the United States Government for its use. 
Ante, pp. 1409, 
1410. 
49 u s e 11507. 
CHAPTER 117—ENFORCEMENT: INVESTIGATIONS, 
' 
^^ 
RIGHTS, AND REMEDIES 
Sec. 
11701. General authority. 
11702. Enforcement by the Interstate Commerce Commission. 
11703. Enforcement by the Attorney General. 
11704. Action by a private person to enjoin abandonment of service. 
11705. Rights and remedies of persons injured by certain carriers. 
11706. Limitation on actions by and against common carriers. 
11707. Liability of common carriers under receipts and bills of lading. 
• •"' 
11708. Private enforcement: motor carrier and freight forwarder licensing. 
11709. Liability for issuance of securities by certain carriers. 
11710. Liability when property is delivered in violation of routing instructions. 
§ 11701. General authority 
49 USC 11701. 
(a) The Interstate Commerce Commission may begin an investiga- Investigations, 
tion under this subtitle on its own initiative or on complaint. If the 
Commission finds that a carrier or broker is violating this subtitle, the 
Commission shall take appropriate action to compel compliance with 
this subtitle. The Commission may take that action only after giving Notice, 
the carrier or broker notice of the investigation and an opportunity 
for a proceeding. 
(b) A pei'son, including a governmental authority, may file with Complaints, 
the Commission a complaint about a violation of this subtitle by a 
carrier providing, or broker for, transportation or service subject to 
the jurisdiction of the Commission under this subtitle. The complaint 
must state the facts that are the subject of the violation and, if it is 
against a water carrier, must be made under oath. The Commission 
may dismiss a complaint it determines does not state reasonable 
grounds for investigation and action. However, the Commission may 
not dismiss a complaint made against a common carrier providing 
transportation subject to the jurisdiction of the Commission under 
subchapter I of chapter 105 of this title because of the absence of ^nte, p. 1359. 
direct damage to the complainant. 
(c) A formal investigative proceeding begun by the Commission 
, : ,, ,,,,., 
under subsection Ca) of this section related to a rail carrier is dis- 
V 
missed automatically unless it is concluded by the Commission with 
92 STAT. 1450 
PUBLIC LAW 95-473—OCT. 17, 1978 
49 use 11702. 
Ante, pp. 
1402-1407, 
1418. 
Ante, p. 1415, 
1433, 1434. 
Ante, p. 1361. 
Ante, p. 1365. 
Ante, p. 1369. 
49 use 11703. 
Ante, p. 1358. 
administrative finality by the end of the 3d year after the date on 
Which it was begun. 
§ 11702. Enforcement by the Interstate Commerce Commission 
(a) The Interstate Commerce Commission may bring a civil action— 
(1) to enjoin a rail carrier from violating section 10901-10907 
or 10933 of this title, or a regulation prescribed or certificate 
issued under any of those sections; 
(2) to enforce section 10930 or 11323 of this title, or subchap-
ter III of chapter 113 of this title and to compel compliance with 
the order of the Commission under any of those sections and that 
subchapter; 
(3) to enforce an order of the Commission, except a civil action 
to enforce an order for the payment of money, when it is violated 
by a carrier providing transportation subject to the jurisdiction 
of the Commission under subchapter I of chapter 105 of this title; 
(4) to enforce this subtitle (except a civil action under a pro-
vision of this subtitle governing the reasonableness and discrimi-
natory character of rates), or a regulation or order of the Com-
mission or a certificate or permit issued under this subtitle when 
violated by a motor carrier or broker providing transportation 
subject to the jurisdiction of the Commission under subchapter II 
of chapter 105 of this title; 
^5) to enforce this subtitle (except a civil action under a pro-
vision of this subtitle governing the reasonableness and discrimi-
tory character of rates), or a regulation or order of the Commis-
sion or a certificate or permit issued under this subtitle, except a 
civil action to enforce an order for the payment of money, when 
violated by a carrier providing transportation subject to the 
jurisdiction of the Commission under subchapter III of chapter 
105 of this title; and 
(6) to enforce this subtitle, or a regulation or order of the Com-
mission or permit issued under this subtitle when violated by a 
carrier providing service subject to the jurisdiction of the Com-
mission under subchapter IV of chapter 105 of this title. 
(b) In a civil action under subsection (a) (4) of this section— 
(1) trial is in the judicial district in which the motor carrier 
or broker operates; 
(2) process may be served without regard to the territorial 
limits of the district or of the State in which the action is 
instituted; and 
(3) a person parti(5ipating with a carrier or broker in a viola-
tion may be joined in the civil action without regard to the resi-
dence of the person. 
§ 11703. Enforcement by the Attorney General 
(a) The Attorney General may, and on request of the Interstate 
Commerce Commission shall, bring court proceedings to enforce this 
subtitle or a regulation or order of the Commission or certificate or 
permit issued under this subtitle and to prosecute a person violating 
this subtitle or a regulation or order of the Commission or certificate 
or permit issued under this subtitle. 
(b) The United States Government may bring a civil action on 
behalf of a person to compel a common carrier providing transporta-
tion or service subject to the jurisdiction of the Commission under 
chapter 105 of this title to provide that transportation or service 
to that person in compliance with this subtitle at the same rate charged, 
PUBLIC LAW 95-473—OCT. 17, 1978 
92 STAT. 1451 
Ante, p. 1394. 
Ante, pp. 1359, 
1365. 
Ante, pp. 
1369. 
1361, 
or on conditions as favorable as those given by the carrier, for like 
traffic under similar conditions to another person. 
§ 11704. Action by a private person to enjoin abandonment of 49 U
S
C 11704. 
service 
An interested person may bring a civil action to enjoin an aban-
donment of service in violation of section 10933 of this title or a Ante, p. 1418. 
certificate issued under that section. 
§ 11705. Rights and remedies of persons injured by certain 49 USC 11705. 
carriers 
(a) A person injured because a carrier providing transportation 
or service subject to the jurisdiction of the Interstate Commerce Com-
mission under chapter 105 of this title does not obey an order of the Ante, p. 1359. 
Commission, except an order for the payment of money, may bring a 
civil action to enforce that order under this subsection. 
(b) (1) A common carrier providing transportation or service sub-
ject to the jurisdiction of the Commission under chapter 105 of this 
title is liable to a person for amounts charged that exceed the applica-
ble rate for transportation or service contained in a tariff filed under 
subchapter IV of chapter 107 of this title. 
(2) A common carrier providing transportation subject to the juris-
diction of the Commission under subchapter I or III of chapter 105 
of this title is liable for damages sustained by a person as a result of 
an act or omission of that carrier in violation of this subtitle. 
(3) A common carrier providing transportation or service subject 
to the jurisdiction of the Commission under subchapter II or IV 
of chapter 105 of this title is liable for damages resulting from the 
imposition of rates for transportation or service the Commission finds 
to be in violation of this subtitle. 
(c) (1) A person may file a complaint with the Commission under 
section 11701(b) of this title or bring a civil action under subsection 
(b) (1) or (2) of this section to enforce liability against a common 
carrier providing transportation subject to the jurisdiction of the 
Commission under subchapter I or III of chapter 106 of this title. A 
person may begin a proceeding under section 10704 or 10705 of this 
title to enforce liability under subsection (b) (3) of this section by 
filing a complaint with the Commission under section 11701(b) of 
this title. 
(2) When the Commission makes an award under subsection (b) 
of this section, the Commission shall order the carrier to pay the 
amount awarded by a specific date. The Commission may order a 
carrier providing transportation subject to the jurisdiction of the 
Commission under subchapter I or III of chapter 105 of this title to 
pay damages only when the proceeding is on complaint. The person 
for whose benefit an order of the Commission requiring the payment 
of money is made may bring a civil action to enforce that order under 
this paragraph if the carrier does not pay the amount awarded by the 
date payment was ordered to be made. 
(d) (1) When a person begins a civil action under subsection (b) of 
this section to enforce an order of the Commission requiring the pay-
ment of damages by a common carrier providing transportation sub-
ject to the jurisdiction of the Commission under subchapter I or III 
of chapter 105 of this title, the text of the order of the Commission 
must be included in the complaint. In addition to the district courts of 
the United States, a State court of general jurisdiction having juris-
diction of the parties has jurisdiction to enforce an order under this 
:>!.HK 
92 STAT. 1452 
PUBLIC LAW 95-473—OCT. 17, 1978 
paragraph. The findings and order of the Commission are competent 
evidence of the facts stated in them. Trial in a civil action brought in a 
district court of the United States under this paragraph is in the 
judicial district (A) in which the plaintiff resides, (B) in which the 
principal operating office of the carrier is located, (C) if a rail carrier, 
through which the railroad line of that carrier runs, or (D) if a water 
carrier, in which a port of call on a route operated by that carrier is 
located. In a civil action under this paragraph, the plaintiff is liable 
•
f
-
' 
for only those costs that accrue on an appeal taken by the plaintiff. 
(2) All parties in whose favor the award was made may be joined 
as plaintiffs in a civil action brought in a district court of the United 
States under this subsection and all the carriers that are parties to 
the order awarding damages may be joined as defendants. Trial in 
the action is in the judicial district in which any one of the plaintiffs 
could bring the action against any one of the defendants. Process 
may be served on a defendant at its principal operating office when 
that defendant is not in the district in which the action is brought. 
A judgment ordering recovery may be made in favor of any of those 
plaintiffs against the defendant found to be liable to that plaintiff. 
(3) The district court shall award a reasonable attorney's fee as a 
part of the damages for which a carrier is found liable under this 
subsection. The district court shall tax and collect that fee as a part 
of the costs of the action. 
49 use 11706. 
§ 11706. Limitation on actions by and against common carriers 
(a) A common carrier providing transportation or service subject 
to the jurisdiction of the Interstate Commerce Commission under 
Ante, p. 1359. 
chapter 105 of this title must begin a civil action to recover charges 
for transportation or service provided by the carrier within 3 years 
after the claim accrues. 
(b) A person must begin a civil action to recover overcharges under 
section 11705 (b) (1) of this title within 3 years after the claim accrues. 
If that claim is against a common carrier providing transportation 
subject to the jurisdiction of the Commission under subchapter I or 
Ante, p. 1359, 
III of chapter 105 of this title and an election to file a complaint with 
1365. 
the Commission is made under section 11705 (c) (1), the complaint must 
be filed within 3 years after the claim accrues. 
(c) (1) A person must file a complaint with the Commission to re-
cover damages under section 11705(b) (2) of this title within 2 years 
after the claim accrues. 
(2) A person must begin a civil action to recover damages under 
section 11705 (b)(3) of this title within 2 years after the claim accrues. 
(d) The 3-year period under subsection (b) of this section is 
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 
that 3-year period. The 3-year period under subsection (b) of this 
section and the 2-year period under subsection (c) (1) of this section 
are each extended for 90 days from the time the carrier begins a 
civil action under subsection (a) of this section 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) A person must begin a civil action to enforce an order of the 
Commission against a carrier for the payment of money within one 
year after the date the order required the money to be paid. 
PUBLIC LAW 95-473—OCT. 17, 1978 
92 STAT. 1453 
(f) Tliis 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 Gov-
ernment, for 3 years from the date of (1) payment of the rate for the 
transportation or service involved, (2) subsequent refund for over-
payment of that rate, or (3) deduction made under section 244 of title 
31, whichever is later. 
(g) A claim related to a shipment of property accrues under this 
section on delivery or tender of delivery by the carrier. 
§ 11707. Liability of common carriers under receipts and bills of 49 USC 11707. 
lading 
(a) (1) A common carrier providing transportation or service sub-
ject to the jurisdiction of the Interstate Commerce Commission under 
subchapter I, II, or IV of chapter 105 of this title shall issue a receipt Ante, pp. 1359, 
or bill of lading for property it receives for transportation under this 1361, 1369. 
subtitle. That carrier and any other common carrier that delivers the 
property and is pioviding transportation or service subject to the 
jurisdiction of the Commission under subchapter I, II, or IV are 
liable to the person entitled to recover under the receipt or bill of 
lading. The liability imposed under this paragraph is for the actual 
loss or injury to the property caused by (1) the receiving carrier, (2) 
the delivering carrier, or (3) another 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 mider a through bill of lading and applies to prop-
erty reconsigned or diverted under a tariff filed under subchapter IV 
of chapter 107 of this title. Failure to issue a receipt or bill of lading Ante, p. 1394. 
does not affect the liability of a carrier. A delivering carrier is deemed 
to be the carrier performing the line-haul transportation nearest the 
destination but does not include a carrier providing only a switching 
service at the destination. 
• 
' 
(•2) A freight forwarder is both the receiving and delivering carrier. 
When a freight forwarder provides service subject to this subtitle 
and uses a motor common carrier providing transportation subject 
to the jurisdiction of the Commission under subchapter II of chapter 
105 of this title to receive property from a consignor, the motor 
common carrier may execute the bill of lading or shipping receipt for 
the freight forwarder with its consent. With the consent of the freight 
forwarder, a motor common carrier may deliver property for a freight 
forwarder on the freight forwarder's bill of lading, freight bill, or 
shipping receipt to the consignee named in it, and receipt for the prop-
erty may be made on the freight forwarder's delivery receipt. 
(b) The carrier issuing the receipt or bill of lading under subsection 
(a) of this section 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 
mcurred in defending a civil action brought by that person. 
(c) (1) A common carrier may not limit or be exempt from liability 
imposed under subsection (a) of this section except as provided in 
this subsection. A limitation of liability or of the amount of recovery 
or representation or agreement in a receipt, bill of lading, contract, 
rule, or tariff filed with the Commission in violation of this section is 
void. 
92 STAT. 1454 
PUBLIC LAW 95-473—OCT. 17, 1978 
(2) If loss or injury to property occurs while it is in the custody 
of a water carrier, the liability of that carrier is determined by its bill 
of lading and the law applicable to water transportation. The liability 
of the initial or delivering carrier is the same as the liability of the 
water carrier. 
(3) A common carrier of passengers may limit its liability under its 
passenger rate for loss or mjury of baggage carried on passenger 
trains, boats, or motor vehicles, or on trains, or boats, or motor vehicles 
carrying passengers. 
(4) A common carrier may limit its liability for loss or injury of 
Ante, p. 1389. 
property transported under section 10730 of this title. 
(d) A civil action under this section may be brought against a deliv-
ering 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 railroad or route. 
(e) A carrier may not provide by rule, contract, or otherwise, a pe-
riod 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 that person receives written notice from the carrier 
that it has disallowed any part of the claim specified in the notice. 
§11708. Private enforcement: motor carrier and freight for-
warder licensing 
(a) If a person provides transportation by motor vehicle or service 
of a freight forwarder in clear violation of section 10921-10924,10927, 
10930-10932, or 11323 of this title, a person injured by the transporta-
tion or service may bring a civil action to enforce any such section. In 
a civil action under this subsection, trial is in the judicial district in 
which the person who violated that section operates. 
(b) A copy of the complaint in a civil action under subsection (a) of 
this section shall be served on the Interstate Commerce Commission 
and a certificate of service must appear in the complaint filed with 
the court. The Commission may intervene in a civil action under sub-
section (a) of this section. The Commission may notify the district 
court in which the action is pending that it intends to consider the 
matter that is the subject of the complaint in a proceeding before the 
Commission. When that notice is filed, the court shall stay further 
action pending disposition of the proceeding before the Commission. 
(c) In a civil action under subsection (a) of this section, the court 
may determine the amount of and award a reasonable attorney's fee to 
the prevailing party. That fee is in addition to costs allowable under 
28 use app. 
the Federal Rules of Civil Procedure. 
49 use 11709. 
§ 11709. Liability for issuance of securities by certain carriers 
A carrier issuing a security or assuming an obligation or liability 
Ante, p. 1428. 
that IS void under section 11301 of this title and its directors, officers, 
attorneys, and other agents who participate in authorizing, issuing, hy-
pothecating, or selling that security, or in authorizing the assumption 
of that obligation or liability, are jointly and severally liable for the 
damages sustained by a person who acquires for value, in good faith, 
and without notice that the issue or assumption is void (1) that secu-
rity, or (2) a security under which an assumption or liability is void. 
If a security void under that section is acquired directly from the 
carrier issuing it, the holder may rescind the transaction and recover 
49 use 11708. 
Ante, pp. 
1409-1412, 
1413, 
1415-1417, 
1333. 
Notification. 
PUBLIC LAW 95-473—OCT. 17, 1978 
92 STAT. 1455 
the consideration given for the security when it is surrendered to that 
carrier. 
§ 11710. Liability when property is delivered in violation of routing 49 USC 11710. 
instructions 
(a)(1) When a carrier providing transportation subject to the juris-
diction of the Interstate Commerce Commission under subchapter I 
of chapter 105 of this title diverts or delivers property to another Ante, p. 1359. 
carrier in violation of routing instructions in the bill of lading, both 
of those carriers are jointly and severally liable to the carrier that was 
deprived of its right to participate in hauling that property for the 
total amount of the rate it would have received if it participated in 
hauling the property. 
(2) A carrier is not liable under paragraph (1) of this subsection 
,. 
when it diverts or delivers property in compliance with an order or 
regulation of the Commission. 
(3) A carrier to whom property is transported is not liable under 
this subsection if it shows that it had no notice of the routing instruc- 
,,.,. 
tions before transporting the property. The burden of proving lack of 
notice is on that carrier. 
(b) The court shall award a reasonable attorney's fee to the plaintiff 
in a judgment against the defendant carrier under subsection (a) of 
this section. The court shall tax and collect that fee as a part of the 
costs of the action. 
. , 
CHAPTER 119^CIVIL AND CRIMINAL PENALTIES 
Sec. 
11901. General civil penalties. 
11902. Civil penalty for accepting rebates from common carrier. 
11903. Rate, discrimination, and tariff violations. 
11904. Additional rate and discrimination violations. 
11905. Transportation of passengers without charge. 
11906. Evasion of regulation of motor carriers and brokers. 
11907. Interference with railroad car supply. 
11908. Abandonment of service by freight forwarder. 
11909. Record keeping and reporting violations. 
11910. Unlawful disclosure of information. 
11911. Issuance of securities; disposition of funds; restriction on ownership. 
11912. Consolidation, merger, and acquisition of control: violation by a person 
not a carrier. 
11913. Disobedience to subpenas. 
11914. General criminal penalty when specific penalty not provided. 
11915. Punishment of corporation for violations committed by certain individuals. 
11916. Conclusiveness of rates in certain prosecutions. 
§ 11901. General civil penalties 
(a) Except as otherwise provided in this section, a common carrier 
providing transportation subject to the jurisdiction of the Interstate 
Commerce Commission under subchapter I of chapter 105 of this 
title, an officer or agent of that carrier or a receiver, trustee, lessee, 
or agent of one of them, knowingly violating an order of the Commis-
sion under this subtitle is liable to the United States Government for 
a civil penalty of $5,000 for each violation. Liability under this sub-
section is incurred for each distinct violation. A separate violation 
occurs for each day the violation continues. 
(b) A common carrier providing transportation subject to the ju-
risdiction of the Commission under subchapter I of chapter 105 of this 
title, or a receiver or trustee of that carrier, violating a regulation or 
order of the Commission under section 10761, 10762, 10764, 10765, or 
49 USC 11901. 
Ante, pp. 1394, 
1397. 
92 STAT. 1456 
Ante, 
Ante, 
Ante, 
1402 
Ante, 
1422 
Ante, 
Ante, 
Ante, 
p. 1425. 
p. 1398. 
1 
pp. 
-1407. 
( 
pp. 
-1425. 
] 
p. 1424. 
] 
p. 1425. 
] 
p. 1359. 
( 
PUBLIC LAW 95-473—OCT. 17, 1978 
11128(a) (2) or (b) of this title is liable to the United States Govern-
ment for a civil penalty of $500 for each violation and for $26 for each 
day the violation continues. 
(c) A carrier, receiver, or trustee violating subchapter V of chapter 
107 of this title, or a regulation under that subchapter, is liable to 
the United States Government for a civil penalty of $500 for each 
violation. A separate violation occurs each day the violation continues. 
(d) A person knowingly authorizing, consenting to, or permitting a 
violation of sections 10901-10907 of this title or of a condition of a 
certificate or a regulation under any of those sections, is liable to the 
United States Government for a civil penalty of not more than $5,000. 
(e) (1) A carrier, receiver, or operating trustee violating an order or 
direction of the Commission under section 11123, 11124, 11125, 11127, 
or 11128 (a) (1) of this title is liable to the United States Government 
for a civil penalty of at least $100 but not more than $500 for each vio-
lation and for $50 for each day the violation continues. 
(2) A rail carrier, receiver, or operating trustee violating section 
11126 of this title is liable to the United States Government for a civil 
penalty of $100 for each violation. A separate violation occurs for each 
car not counted when a car count is required under that section. 
(f) (1) A person required under subchapter III of chapter 111 of 
this title to make, prepare, preserve, or submit to the Commission a 
record concerning transportation subject to the jurisdiction of the 
Commission under subchapter I of chapter 105 of this title that does 
not make, prepare, preserve, or submit that record as required under 
that subchapter, is liable to the United States Government for a civil 
penalty of $500 for each violation. 
(2) A carrier providing transportation subject to the jurisdiction 
of the Commission under subchapter I of chapter 105 of this title, 
and a lessor, receiver, or trustee of that carrier, violating section 11144 
Ante, p. 1426. 
(b) (1) of this title, is liable to the United States Government for a 
civil penalty of $100 for each violation. 
(3) A carrier providing transportation subject to the jurisdiction 
of the Commission under subchapter I of chapter 105 of this title, a 
lessor, receiver, or trustee of that carrier, a person furnishing cars or 
protective services against heat or cold, and an officer, agent, or em-
ployee of one of them, required to make a report to the Commission 
or answer a question that does not make the report or does not spe-
cifically, completely, and truthfully answer the question, is liable to 
the United States Government for a civil penalty of $100 for each 
violation. 
(4) A separate violation occurs for each day a violation under this 
subsection continues. 
(g) A person required to make a report to the Commission, answer 
a question, or make, prepare, or preserve a record under this subtitle 
concerning transportation subject to the jurisdiction of the Commis-
Ante, p. 1361. 
sion under subchapter II of chapter 105 of this title, or an officer, 
agent, or employee of that person that (1) does not make the report, 
(2) does not specifically, completely, and truthfully answer the ques-
tion, (3) does not make, prepare, or preserve the record in the form 
and manner prescribed by the Commission, or (4) does not comply 
Ante, p. 1409. 
with section 10921 of this title, is liable to the United States Govern-
ment for a civil penalty of not more than $500 for each violation and 
for not more than $250 for each additional day the violation continues. 
^-ii 
(h)(1) Trial in a civil action under subsections (a)-(f) of this 
section is in the judicial district in which the carrier has its principal 
PUBLIC LAW 95-473—OCT. 17, 1978 
92 STAT. 1457 
operating oiRce or in a district through which the railroad of the car- 
, / 
rier runs. 
(2) Trial in a civil action under subsection (g) of this section is 
in the judicial district in which (A) the motor carrier or broker has 
its principal office, (B) the motor carrier or broker was authorized to 
provide transportation under this subtitle when the violation occurred, 
(C) the violation occurred, or (D) the offender is found. Process in the 
action may be served in the judicial district of which the offender is 
an inhabitant or in which the offender may be found. 
§ 11902. Civil penalty for accepting rebates from common carrier 49 use 11902. 
A person (1) delivering property to a common carrier providing 
transportation or service subject to the jurisdiction of the Interstate 
Commerce Commission under chapter 105 of this title for transporta-
tion under this subtitle or for whom that carrier will transport the 
property as consignor or consignee for that person from a State or 
territory or possession of the United States to another State or posses-
sion, territory, or to a foreign country, and (2) knowingly accepting 
or receiving by any means a rebate or offset against the rate for 
transportation for, or service of, that property contained in a tariff 
filed with the Commission under subchapter IV of chapter 107 of this Ante, p. 1394. 
title, is liable to the United States Government for a civil penalty in 
an amount equal to 3 times the amount of money that person accepted 
or received as a rebate or offset and 3 times the value of other consid-
eration accepted or received as a rebate or offset. In a civil action under 
^ 
this section, all money or other consideration received by the person 
during a period of 6 years before an action is brought under this section 
may be included in determining the amount of the penalty, and if that 
total amount is included, the penalty shall be 3 times that total amount. 
§ 11903. Rate, discrimination, and tariff violations 
49 USC 11903. 
(a) A person that knowingly offers, grants, gives, solicits, accepts, or 
receives by any means transportation or service provided for property 
by a common carrier subject to the jurisdiction of the Interstate Com-
merce Commission under chapter 105 of this title (1) at less than the Ante, p. 1359. 
rate in effect under chapter 107 of this title, or (2) by practicing dis- Ante, p. 1371. 
crimination, shall be fined at least $1,000 but not more than $20,000, 
imorisoned for not more than 2 years, or both. 
t^b) A carrier providing transportation or service subject to the 
jurisdiction of the Commission under chapter 105 of this title or an 
officer, director, receiver, trustee, lessee, agent, or employee of a corpo-
ration that is subject to the jurisdiction of the Commission under that 
chapter, that willfully does not file and publish its rates or tariffs 
as required under chapter 107 of this title or observe those tariffs until 
changed under law, shall be fined at least $1,000 but not more than 
$20,000, imprisoned for not more than 2 years, or both. 
(c) When acting in the scope of their employment, the actions and 
omissions of persons acting for or employed by a carrier or shipper 
that is subject to subsection (a) or (b) of this section are considered 
to be the actions and omissions of that carrier or shipper as well, as 
that person. 
(d) Trial in a criminal action under this section is in the judicial 
district in which any part of the violation is committed or through 
which the transportation is conducted. 
§ 11904. Additional rate and discrimination violations 
49 USC 11904. 
(a)(1) A common carrier providing transportation subject to 
the jurisdiction of the Interstate Commerce Commission under sub-
39-194 O—80—pt. 2 
12 : QL3 
92 STAT. 1458 
PUBLIC LAW 95-473—OCT. 17, 1978 
Ante, p. 1359. 
chapter I of chapter 105 of this title, and when that carrier is a corpor-
ation, an officer, employee, or agent of the corporation, that by any 
means knowingly and willfully assists a person in getting, or willingly 
permits a person to get, transportation provided under this subtitle for 
property at less than the rate in effect for that transportation under 
Ante, p. 1371. 
chapter 107 of this title, shall be fined not more than $5,000, imprisoned 
for not more than 2 years, or both. 
(2) A person, or officer or agent of the person, that (A) delivers 
property for transportation under this subtitle to a common carrier 
providing transportation subject to the jurisdiction of the Con-mission 
under subchapter I of chapter 105 of this title, or for whom that carrier 
transports property as consignor or consignee, and (B) knowingly and 
willfully by any means gets or attempts to get that property trans-
ported at less than the rate in effect for that transportation under chap-
ter 107 of this title, shall be fined not more than $5,000, imprisoned 
for not more than 2 years, or both. 
(3) A person, or an officer or agent of a corporation or company 
that by payment of anything of value, solicitation, or in any other 
way, induces or attempts to induce a common carrier providing trans-
portation subject to the jurisdiction of the Commission under sub-
chapter I of chapter 105 of this title, or any of its officers or agents, 
to discriminate unreasonably against another consignor or consignee 
in the transportation of property shall be fined not more than $5,000, 
imprisoned for not more than 2 years, or both. 
(b) A person, or an officer, employee, or agent of that person, that 
(1) knowingly offers, grants, gives, solicits, accepts, or receives a 
rebate, concession, or discrimination in violation of a provision of 
this subtitle related to motor carrier transportation suoject to the 
Ante, p. 1361. 
jurisdiction of the Commission under subchapter I I of chapter 105 
of this title, or (2) by any means knowingly and willfully assists or 
permits another person to get transportation that is subject to the 
jurisdiction of the Commission under that subchapter at less than 
the rate in effect for that transportation under chapter 107 of this 
title, shall be fined at least $200 but no more than $500 for the first 
violation and at least $250 but not more than $2,000 for a subsequent 
violation. 
(c) (1) A water carrier providing transportation subject to the juris-
diction of the Commission under subchapter III of chapter 105 of this 
Ante, p. 1365. 
title, or an officer, agent, or employee of that carrier, that knowingly 
and willfully by any means offers, grants, or gives, or intentionally per-
mits a person to get, transportation provided under that subchapter at 
less than the rate in effect for that transportation under chapter 107 of 
this title, shall be fined not more than $5,000. 
(2) A person that knowingly and willfully by any means solicits, 
accepts, or receives transportation provided under subchapter III of 
chapter 105 of this title at less than the rate in effect for that transpor-
tation under chapter 107 of this title, shall be fined not more than 
$5,000. 
(3) Trial in a criminal action under this subsection is in the judicial 
district in which any part of the violation is committed. 
(d) (1) A freight forwarder providing service subject to the juris-
Ante, p. 1369. 
diction of the Commission under subchapter IV of chapter 105 of this 
title, or an officer, agent, or employee of that freight forwarder, that 
knowingly and willfully assists a person in getting, or willingly per-
mits a person to get. service provided under that subchapter at less 
PUBLIC LAW 95^73—OCT. 17, 1978 
92 STAT. 1459 
49 use 11905. 
Ante, pp. 1359, 
1361, 1365. 
Ante, p. 1383. 
Ante, p. 1384. 
Ante, p. 1385. 
Ante, p. 1386. 
than the rate in effect for that service under chapter 107 of this title, Ante, p. 1371. 
shall be lined not more than $500 for the first violation and not more 
than $2,000 for a subsequent violation. 
(2) A person that knowingly and willfully by any means gets, or 
attempts to get, service provided under subchapter IV of chapter 105 Ante, p. 1369. 
of this title at less than the rate in effect for that service under chapter 
107 of this title, shall be fined not more than $500 for the first violation 
and not more than $2,000 for a subsequent violation. 
§ 11905. Transportation of passengers without charge 
A common carrier providing transportation subject to the juris-
diction of the Interstate Commerce Commission under subchapter I, 
II, or I I I of chapter 105 of this title that provides transportation of 
passengers without charge except as provided in section 10721(b), 
10722 (c) and (d) (if the transportation is for its employees on sleep-
ing and express cars or linemen of telegraph and telephone companies), 
10723(a) (1) (other than paragraph (1) (A) of that subsection when 
transportation is arranged by a municipal government), or 10724(a) 
of this title, shall be fined at least $100 but not more than $2,000. An 
individual who uses a free ticket for, or accepts transportation sub-
ject to the jurisdiction of the Commission under those subchapters, 
except as provided in those sections, shall be fined at least $100 but not 
more than $2,000. 
§ 11906. Evasion of regulation of motor carriers and brokers 
49 USC 11906. 
A person, or an officer, employee, or agent of that person that by any 
means knowingly and willfully tries to evade regulation provided 
under this subtitle for motor carriers or brokers shall be fined at least 
$200 but not more than $500 for the first violation and at least $250 but 
not more than $2,000 for a subsequent violation. 
§ 11907. Interference with railroad car supply 
49 USC 11907. 
(a) A person that offers or gives anything of value to another per-
son acting for or employed by a rail carrier providing transportation 
subject to the jurisdiction of the Interstate Commerce Commission 
under subchapter I of chapter 105 of this title intending to influence 
an action of that other person related to supply, distribution, or move-
ment of cars, vehicles, or vessels used in the transportation of prop-
erty, or because of the action of that other person, shall be fined not 
more than $1,000, imprisoned for not more than 2 years, or both. 
(b) A person acting for or employed by a rail carrier providing 
transportation subject to the jurisdiction of the Commission under 
subchapter I of chapter 105 of this title that solicits, accepts, or re-
ceives anything of value (1) intending to be influenced by it in an 
action of that person related to supply, distribution, or movement of 
cars, vehicles, or vessels used in the transportation of property, or (2) 
because of the action of that person, shall be fined not more than 
$1,000, imprisoned for not more than 2 years, or both. 
§ 11908. Abandonment of service by freight forwarder 
49 USC 11908. 
A freight forwarder controlled by or under common control with 
a common carrier providing transportation subject to the jurisdic-
tion of the Interstate Commerce Commission under subchapter I, II, 
or III of chapter 105 of this title, or a director, officer, receiver, 
operating trustee, lessee, agent, or employee of that freight forwarder 
or Common carrier, that knowingly authorizes or permits a violation 
of section 10933 of this title, shall be fined not more than $5,000. 
Ante, p. 1418. 
92 STAT. 1460 
PUBLIC LAW 95-473—OCT. 17, 1978 
49 use 11909. 
§ 11909. Record keeping and reporting violations 
(a) A person required to make a report to the Interstate Com-
merce Commission, or make, prepare, or preserve a record, under sub-
Ante, p. 1425. 
chapter III of chapter 111 of this title about transportation sub-
ject to the jurisdiction of the Commission under subchapter I of chap-
Ante, p. 1359. 
ter 105 of this title that knowingly and willfully (1) makes a false 
entry in the report or record, (2) destroys, multilates, changes, or bj^ 
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 Commission, or 
(5) files a false report or record with the Commission, shall be fined 
not more than $5,000, imprisoned for not more than 2 years, or both. 
(b) A person required to make a report to the Commission, answer 
a question, or make, prepare, or preserve a record under this subtitle 
about transportation subject to the jurisdiction of the Commis-
erate, p. 1361. 
sion under subchapter II of chapter 105 of this title, or an officer, 
agent, or employee of that person, that (1) willfully does not make 
that report, (2) willfully does not specifically, completely, and truth-
fully answer that question in 30 days from the date the Commission re-
quires the question to be answered, (3) willfully does not make, pre-
pare, or preserve that record in the form and manner prescribed by the 
Commission, (4) knowingly and willfully falsifies, destroys, mutilates, 
or changes that report or record, (5) knowingly and willfully files a 
false report or record with the Commission, (6) knowingly and will-
fully makes a false or incomplete entry in that record about a busi-
ness related fact or transaction, or (7) knowingly and willfully makes, 
prepares, or preserves a record in violation of a regulation or order 
of the Commission, shall be fined not more than $5,000. 
(c) A person required to make a report to the Commission, answer 
a question, or make, prepare, or preserve a record under this subtitle 
about transportation subject to the jurisdiction of the Commission 
Ante, p. 1365. 
under subchapter III of chapter 105 of this title, or an officer, agent, 
or employee of that person, that (1) willfully does not make that 
report, (2) willfully does not specifically, completely and truth-
fully answer that question in 30 days from the date the Commission 
requires the question to be answered, (3) willfully does not make, 
prepare, or preserve that record in the form and manner prescribed by 
the Commission, (4) willfully falsifies, destroys, mutilates, or 
changes that report, or record, (5) willfully makes a false or 
incomplete entry in the record about a fact or transaction required 
under this subtitle, (6) willfully makes, prepares, or preserA^es a 
record in violation or a regulation or order of the Commission, or 
(7) knowingly and willfully files a false report or record with the 
Commission, shall be fined not more than $5,000. Trial in a criminal 
action under this subsection is in the judicial district in which any 
part of the violation is committed. 
(d) A freight forwarder, or an officer, agent, or employee of that 
freight forwarder, required to make a report to the Commission, 
answer a question, or make, prepare, or preserve a record under this 
subtitle about transportation subject to the jurisdiction of the Com-
Ante, p. 1369. 
mission under subchapter IV of chapter 105 of this title that (1) 
willfully does not make that report, (2) willfully does not specifically, 
completely, and truthfully answer that question in 30 days from the 
date the Commission requires the question to be answered, (3) will-
, j 
fully does not make, prepare, or preserve that record in the form and 
manner prescribed by the Commission, (4) knowingly and willfully 
PUBLIC LAW 95-473—OCT. 17, 1978 
92 STAT. 1461 
falsifies, destroys, mutilates, or changes that report or record, (5) 
knowingly and willfully files a false report or record with the Com-
mission, (6) knowingly and willfully makes a false or incomplete 
entry in that record about a fact or transaction related to the business 
of that freight forwarder, or (7) knowingly and willfully makes, 
prepares, or preserves a record in violation of a regulation or order of 
the Commission, shall be fined not more than $5,000. 
§ 11910. Unlawful disclosure of information 
49 U
S
C 11910. 
(a) (1) A common carrier providing transportation subject to the 
jurisdiction of the Interstate Commerce Commission under subchapter 
I of chapter 105 of this title, or an officer, agent, or employee of that Ante, p. 1359. 
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 
(A) information about the nature, kind, quantity, destination, con-
signee, or routing of property tendered or delivered to that carrier 
for transportation provided under this subtitle without the consent 
of the shipper or consignee, and (B) that information may be used 
to the detriment of the shipper or consignee or may disclose im-
properly, to a competitor the business transactions of the shipper or 
'• '' " 
consignee, shall be fined not more than $1,000. 
(2) A motor carrier or broker providing transportation subject to 
the jurisdiction of the Commission under subchapter II of chapter 105 
of this title or an officer, receiver, trustee, lessee, or employee of that Ante, p. 1361. 
carrier or broker, or another person authorized by that carrier or 
v. 
broker to receive information from that carrier or broker may not 
knowingly disclose to another person, except the shipper or consignee, 
and another person may not solicit, or knowingly receive, information 
«|. 
about the nature, kind, quantity, destination, consignee, or routing of 
,, 
property tendered or delivered to that carrier or broker for trans-
portation provided under this subtitle 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. 
(3) A common carrier providing transportation subject to the juris-
diction of the Commission under subchapter III of chapter 105 of this Ante, p. 1365. 
title, or an officer, receiver, trustee, lessee, agent, or employee of that 
carrier, or another person authorized by that carrier or person to 
receive information from that carrier, that knowingly and willfully 
discloses to another person, except the shipper or consignee, or a per-
son that solicits or knowingly and willfully receives (A) information 
about the nature, kind, quantity, destination, consignee, or routing of 
property tendered or delivered to that carrier for transportation pro-
vided under that subchapter without the consent of the shipper or 
consignee, and (B) 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, shall be fined not 
more than $2,000. Trial in a criminal action under this paragraph is 
in the judicial district in which any part of the violation is committed. 
(4) A freight forwarder providing service subject to the jurisdic-
tion of the Commission under subchapter IV of chapter 105 of this Ante, p. 1369 
title, or an officer, agent, or employee of that freight forwarder, or 
another person puthorized by that freight forwarder, or person to 
receive information, who knowingly and willfully discloses to another 
person, except the shipper or consignee, or a person that solicits or 
knowingly and willfully receives (A) information about the nature. 
1:^4' 
92 STAT. 1462 
PUBLIC LAW 95-473—OCT. 17, 1978 
Ante, p. 1359. 
Ante, p. 1426. 
49 use 11911. 
Ante, p. 1428. 
Ante, p. 1430. 
Ante, p. 1433. 
49 use 11912. 
Ante, pp. 
1434-1439. 
kind, (quantity, destination, consignee, or routing of property tendered 
or delivered to that forwarder for service provided under that subchap-
ter without the consent of the shipper or consignee, and (B) that infor-
mation 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, shall be lined not more than $100 for the first 
violation and not more than $500 for a subsequent violation. A sepa-
rate violation occurs each day the violation continues. 
(b) This subtitle does not prevent a carrier or broker providing 
transportation subject to the jurisdiction of the Commission under 
chapter 105 of this title 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 Gov-
ernment, a State, or a territory or possession of the United States; 
or 
(3) to another carrier or its agent to adjust mutual traffic ac-
counts in the ordinary course of business. 
(c) An employee of the Commission delegated to make an inspection 
or examination under section 11144 of this title who knowingly dis-
closes information acquired during that inspection or examination, ex-
cept as directed by the Commission, a court, or a judge of that court, 
shall be fined not more than $500, imprisoned for not more than 6 
months, or both. 
§11911. Issuance of securities; disposition of funds; restriction 
on ownership 
(a) A director, officer, attorney, or agent of a carrier defined in sec-
tion 11301(a) (1) of this title or of a person to which that section 
is made applicable by section 11302(a) of this title that knowingly 
agrees to or concurs in (1) an issue of securities or assumption of ob-
ligations or liabilitv in violation of section 11301 of this title, (2) a 
disposition of securities in violation of an order of the Interstate Com-
merce Commission, or (3) an application not authorized by the Com-
mission of the funds derived by the carrier through a disposition of 
securities shall be fined at least $1,000 but not more than $10,000, im-
prisoned for at least one year but not more than 3 years, or both. 
(b) A person that violates section 11322 of this title shall be fined 
at least $1,000 but not more than $10,000, imprisoned for at least one 
year but not more than 3 years, or both. 
§ 11912. Consolidation, merger, and acquisition of control: viola-
tion by a person not a carrier 
A person, other than a common carrier, that violates section 11343, 
11344, 11345, 11346, or 11347 of this title shall be fined not more than 
$5,000. 
PUBLIC LAW 95-473—OCT. 17, 1978 
92 STAT. 1463 
Ante, pp. 1432, 
1434. 
§ 11913. Disobedience to subpenas 
49 USC 11913. 
A person not obeying a subpena or requirement of the Interstate 
Commerce Commission to appear and testify or produce records shall 
be fined at least $100 but not more than $5,000, imprisoned for not more 
than one year, or both. 
§ 11914. General criminal penalty when specific penalty not 49 USC 11914. 
provided 
(a) When another criminal j)enalty is not provided under this 
chapter, a common carrier providing transportation subject to the 
jurisdiction of the Interstate Commerce Commission under subchap-
ter 1 of chapter 105 of this title, and when that carrier is a corporation, Ante, p. 1359. 
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 subtitle or an order prescribed 
under this subtitle, shall be fined not more than $5,000. However, if 
the violation is for discrimination in rates charged for transportation, 
the person may be imprisoned for not more than 2 years in addition to 
being fined under this subsection. A separate violation occurs each 
day a violation of section 11321 (a) or 11342 of this title continues. 
(b) When another criminal penalty is not provided under this 
chapter, a pei'soii that knowingly and willfully violates a provision of 
this subtitle or a regulation or order prescribed under this subtitle, 
or a condition of a certificate or permit issued under this subtitle 
related to transportation that is subject to the jurisdiction of the Com-
mission under subchapter II of chapter 105 of this title, shall be fined Ante, p. 1361. 
at least $100 but not more than $500 for the first violation and at least 
$200 but not more than $500 for a subsequent violation. A separate 
violation occurs each day the violation continues. 
(c) When another criminal penalty is not provided under this 
chapter, a person that knowingly and willfully violates a provision of 
this subtitle or a regulation or order prescriljed under this subtitle, 
or a condition of a certificate or permit issued under this subtitle related 
to transportation that is subject to the jurisdiction of the Commis- 
* ' 
sion under subchapter III of chapter 105 of this title, shall be fined Ante, p. 1365. 
not more than $500. A separate violation occurs each day the violation 
continues. Venue in a criminal action under this subsection is in the 
judicial district in which any part of the violation was committed. 
' • ' 
(d) When another criminal penalty is not provided under this chap-
ter, a person that knowingly and willfully violates a provision of this 
subtitle or a regulation or order prescribed under this subtitle or 
a condition of a permit issued under this subtitle related to service that 
is subject to the jurisdiction of the Commission under subchapter IV 
of chapter 105 of this title, shall be fined not more than $100 for the Ante, p. 1370. 
first violation and not more than $500 for a subsequent violation. A 
separate violation occurs each day the violation continues. 
92 STAT. 1464 
PUBLIC LAW 95-473—OCT. 17, 1978 
49 use 11915. 
§ 11915. Punishment of corporation for violations committed by 
certain individuals 
An act or omission that would be a violation of this subtitle if com-
mitted by a director, officer, receiver, trustee, lessee, agent, or employee 
of a common carrier providing transportation or service subject to the 
jurisdiction of the Interstate Commerce Commission under chapter 105 
Ante, p. 1359. 
of this title that is a corporation is also a violation of this subtitle by 
that corporation. The penalties of this chapter apply to that violation. 
When acting in the scope of their employment, the actions and omis-
sions of individuals acting for or employed by that carrier are con-
sidered to be the actions and omissions of that carrier as well as that 
individual. 
49 use 11916. 
§ 11916. Conclusiveness of rates in certain prosecutions 
When a carrier files with the Interstate Commerce Commission or 
Ante, p. 1371. 
publishes a particular rate under chapter 107 of this title or partici-
pates in one of those rates, the published or filed rate is conclusive 
proof against that carrier, its officers, and agents that it is the legal 
rate for that transportation or service in a proceeding begun under 
section 11902 or 11903 of this title. A departure, or offer to depart, 
from that rate is a violation of those sections. 
26 use 48. 
26 use 185. 
26 use 250. 
26 use 281. 
CONFORMING AND TECHNICAL PROVISIONS 
SEC. 2. (a) (1) Title 18, United States Code, is amended— 
(A) by striking out of the first definition of section 831 "com-
mon, contract, or private carrier, or freight forwarder as those 
terms are used in the Interstate Commerce Act, as amended" and 
substituting "common, contract, or motor private carrier, as those 
terms are defined in section 10102 of title 49"; and 
(B) by striking out of section 835(c) "by the Interstate Com-
merce Act" and substituting "under subtitle IV of title 49". 
(2) The Internal Revenue Code of 1954 (26 U.S.C. 1) is amended— 
(A) by striking out of section 48(a) (2) (B) (ii) "subject to 
part I of the Interstate Commerce Act" and substituting "provid-
ing transportation subject to subchapter I of chapter 105 of 
title 49"; 
(B) by striking out of section 185(e)(3)(B) "section 19a of 
part I of the Interstate Commerce Act (49 U.S.C. 19a)" and "such 
section 19a" and substituting "subchapter V of chapter 107 of 
title 49" and "such subchapter V", respectively; 
(C) by striking out of section 250(a) (1) "common carrier by 
railroad (as defined in section 1(3) of the Interstate Commerce 
Act (49 U.S.C. 1(3)))" and substituting "rail carrier (as defined 
in section 10102 (17) of title 49)"; 
(D) by striking out of section 281(d) (1) (A) "subject to ^art I 
of the Interstate Commerce Act (49 U.S.C. 1 and following)" 
and substituting "providing transportation subject to subchapter 
I of chapter 105 of title 49"; 
(E) by striking out of section 281(d) (1) (B) "subject to part 
I of the Interstate Commerce Act" and suWituting "providing 
transportation subject to subchapter I of chapter 105 of title 49"; 
PUBLIC LAW 95-473—OCT. 17, 1978 
92 STAT. 1465 
(F) by striking out of section 354(c) "section 20b of the Inter- 26 USC 354. 
state Commerce Act" and substituting "subchapter IV of chapter 
113 of title 49"; 
(G) by striking out of section 3231(g) "express company, 26 USC 3231. 
sleeping-car company, or carrier by railroad, subject to part I of 
the Interstate Commerce Act (49 U.S.C., chapter 1)" and substi-
tuting "express carrier, sleeping car carrier, or rail carrier provid-
ing transportation subject to subchapter I of chapter 105 of title 
49"; and 
(H) by striking out of section 6362(f) (9) "26, 226A, or 324 of 26 USC 6362. 
the Interstate Commerce Act" and substituting "section 11504 of 
title 49". 
(3) Title 28, United States Code, is amended— 
(A) by striking out of section 1445(b) "section 20 of Title 49" 
and substituting "section 11707 of title 49"; 
(B) by striking out of section 2321(c) "the cases and proceed-
ings under section 20 of the Act of February 4, 1887, as amended 
(24 Stat. 386; 49 U.S.C. 20), section 23 of the Act of May 16, 
1942, as amended (56 Stat. 301; 49 U.S.C. 23), and section 3 of the 
Act of February 19, 1903, as amended (32 Stat. 848; 49 U.S.C. 
43)" and substituting "enforcement actions and actions to collect 
civil penalties under subtitle IV of title 49"; and 
(C) by striking out of section 2323 "actions under section 20 
of the Act of February 4, 1887, as amended (24 Stat. 386; 49 
U.S.C. 20), section 23 of the Act of May 16,1942, as amended (56 
Stat. 301; 49 U.S.C. 23), and section 3 of the Act of February 19, 
1903, as amended (32 Stat. 848; 49 U.S.C. 43)" and substituting 
"enforcement actions and actions to collect civil penalties under 
subtitle IV of title 49". 
(4) Title 39, United States Code, is amended— 
(A) by striking out of section 5201(2) "motor carrier, or an 
express company" and substituting "motor common carrier, or ex-
press carrier"; 
"Motor common 
(B) by striking out section 5201(5) and substituting the carrier." 
following: 
"(5) 'motor common carrier' means a motor common carrier, 
except a passenger-carrying motor vehicle of such a carrier, with-
in the meaning of section 10102(11) of title 49, that holds a certifi-
cate of public convenience and necessity issued by the Commis-
sion;" ; 
(C) by striking out of section 5201(6) "company" and "sec-
tion 1(3) of title 49" and substituting "carrier" and "section 
10102(7)", respectively; 
(D) by striking out of section 5203 "motor carrier" each time 
it appears and substituting "motor common carrier" in each 
place; and 
(E) by striking out of section 5215 (a) "motor carrier" and sub-
stituting "motor common carrier". 
92 STAT. 1466 
PUBLIC LAW 95-473—OCT. 17, 1978 
49 use 11503 
note. 
(5) Section 308(c) (1) of title 44, United States Code, is amended 
by striking out "section 66 of title 49" and substituting "section 244 
of title 31'\ 
(b) Section 11503 of title 49, as stated in the first section of this 
Act, is effective after February 4, 1979. 
49 use prec. 
10101 note. 
Ante, pp. 1337, 
1464. 
LEGISLATIVE PURPOSE AND CONSTRUCTION 
SEC. 3. (a) Sections 1 and 2 of this Act restate, without substantive 
change, laws enacted before May 16,1978, that were replaced by those 
sections. Those sections may not be construed as making a substantive 
change in the laws replaced. Laws enacted after Ma;^ 1
5
^
^ 1978, that are 
inconsistent with this Act are considered as superseding it to tne extent 
of the inconsistency. 
(b) A reference to a law replaced by sections 1 and 2 of this Act, 
including a reference in a regulation, order, or other law, is deemed 
to refer to the corresponding provision enacted by this Act. 
(c) An order, rule, or regulation in effect under a law replaced by 
sections 1 and 2 of this Act continues in effect under the corresponding 
provision enacted bv this Act until repealed, amended, or superseded. 
(d) An action taken or an offense committed under a law replaced 
by sections 1 and 2 of this Act is deemed to have been taken or com-
mitted under the corresponding provision enacted by this Act. 
(e) An inference of a legislative construction is not to be drawn by 
reason of the location in the United States Code of a provision enacted 
by this Act or hj reason of the caption or catchline thereof. 
(f) If a provision enacted by this Act is held invalid, all valid 
provisions that are severable from the invalid provision remain in 
effect. If a provision of this Act is held invalid in any of its applica-
tions, the provision remains valid for all valid applications that are 
severable from any of the invalid applications. 
49 use prec. 
10101 note. 
-R-RPF.AT.S 
SEC. 4. (a) The repeal of a law by this Act may not be construed 
as a legislative inference that the provision was or was not in effect 
before its repeal. 
(b) The laws specified in the following schedule are repealed except 
as provided in subsection (c) of this section and except for rights and 
duties that matured, penalties that were incurred, and proceedings 
that were begun before the date of enactment of this Act: 
PUBLIC LAW 95-473—OCT. 17, 1978 
92 STAT. 1467 
Schedule of Laws Repealed 
statutes at Large 
Date 
1887 
Feb. 
4 
1889 
Mar. 
2 
1891 
Feb. 10 
189S 
Feb. 11 
1896 
Feb. 
8 
190S 
Feb. lit 
1906 
Mar. 7 
Mar. 21 
June 29 
1908 
Apr. 13 
1909 
Feb. 25 
1910 
June 18 
mt 
Aug. 24 
19IS 
Mar. 
1 
Oct. 22 
19H 
Aug. 1 
1915 
Mar. 
4 
1918 
Aug. 
9 
29 
1917 
May 29 
Aug. 
9 
10 
19iO 
Feb. 28 
May 
8 
mi 
Feb. 2(1 
27 
June 10 
19iS 
Feb. 24 
June 
7 
Aug. 18 
Sept. 22 
19gS 
Mar. 
3 
June 
7 
Jan. 30 
19te 
July 
3 
Chapter or 
Public Law 
382. 
411. 
P. R. 8.. 
P. R. 11. 
3591 
143. 
193. 
309. 
390. 
223. 
176. 
301. 
417. 
91.. 
172. 
70.. 
210. 
280. 
413. 
233. 
325. 
120. 
761-
Section 
(less25,203(a) (22), (23),204(a)(1) ("qualifica-
tions" through period), (a)(2) ("qualifica-
tions" through period), (a)(3), (a)(3a), 
(a)(5), 220(f), 226). 
1 (proviso). 
11 (less last par. on p. 567). 
1 (last full pai. on p. 219 and all langut^e 
before the heading "United States Courts" 
on p. 221). 
1 (5th lull par.) 
1 (2d lull par.). 
(less 1, 213, 441 "Sec. 26," 500). 
1 (1st par.) 
Statutes at Large 
Volume 
Page 
25 
25 
2
6 
2
7 
2
8 
3
2 
34 
34 
34 
3
5 
3
5 
3
6 
3
7 
37 
38 
3
8 
38 
39 
39 
40 
40 
40 
41 
41 
41 
41 
42 
42 
42 
42 
42 
42 
4
3 
4
3 
4
4 
855. 
954. 
743. 
443, 
643. 
847. 
823. 
824. 
584. 
6
0
. 
648. 
539. 
566. 
701. 
219, 
221 
627. 
1196. 
441. 
604. 
101. 
270. 
272. 
456. 
590. 
1145. 
1149. 
27. 
393. 
624. 
827. 
1025. 
1443. 
633. 
801. 
835. 
92 STAT. 1468 
PUBLIC LAW 95-473—OCT. 17, 1978 
statutes at Large 
Date 
Chapter or 
Public Law 
Section 
Statutes at Large 
Volume 
Page 
19tr 
Feb. 26 
Mar. 
4 
tm 
Jan. 19 
19S0 
Apr. 23 
ms 
Mar. 15 
193$ 
Feb 28 
June 16 
mi 
June 13 
19 
ms 
Feb. 
2 
May 23 
June 14 
July 16 
Aug. 9 
mr 
July 
5 
Aug. 25 
19S8 
June 23 
29 
19^ 
Jan. 
7 
Sept. 18 
19ii 
Mar. 27 
May 16 
Aug. 7 
19iS 
Nov. 12 
19U 
Sept. 27 
ms 
May 16 
Dec. 12 
Feb. 20 
ms 
Apr. 
9 
June 
3 
12 
17 
24 
19k9 
May 24 
June 29 
July 26 
Aug. 
2 
1950 
Sept. 1 
Dec. 20 
mi 
June 27 
July 
3 
9 
10 
16 
ms 
June 30 
July 31 
217-
510. 
79.-
208. 
78.. 
136. 
91.. 
652. 
3 . . . 
136. 
247. 
383. 
498. 
609. 
432. 
776-
938. 
722. 
199. 
318. 
552-
299. 
128-
573. 
180. 
386. 
457. 
491. 
622. 
139. 
272. 
361. 
379. 
835.. 
1140-
477-
570-
599-
(less6). 
1 (2d full par.). 
602(b). 
, 
Less 1 
"Sec. 
204(a)(1) 
('quaUflcations' 
through period), (a)(2) ('qualifleations' 
through period), (a)(3), (a)(5), 225"). 
11070). 
(less 14(b), 20(b)(4), 24 "Sec. 220 (f)", 322,331) 
101-103 (title I) 
(less 3). 
402(g) 
l(a)(25), (26). 
44 
44 
4
5 
4
6 
4
7 
47 
43 
48 
48 
48 
49 
49 
49 
49 
49 
4
9 
50 
50 
52 
52 
64 
54 
56 
56 
56 
5
7 
58 
59 
59 
1247. 
1446. 
1084. 
251. 
6
5
. 
1368. 
211. 
954. 
1056. 
1102. 
19. 
287. 
376. 
481. 
543. 
607. 
475. 
809. 
1029. 
1236. 
1226. 
898. 
176. 
284. 
746. 
590. 
751. 
169. 
606. 
60 
6
2 
6
2 
62 
62 
6
2 
6
3 
6
3 
6
3 
6
3 
64 
64 
6
6 
6
6 
6
6 
6
6 
6
6 
67 
6
7 
162. 
295. 
386. 
472. 
602. 
108. 
280. 
479. 
485. 
674. 
1113 
277. 
3.32. 
479. 
542. 
724. 
115. 
244. 
PUBLIC LAW 95-473—OCT. 17, 1978 
92 STAT. 1469 
statutes at Large 
Date 
Chapter or 
Public Law 
Section 
Statutes at Large 
Volume 
Page 
19Si 
July 22 
1956 
July 27 
Aug. 
3 
1967 
July 11 
Aug. 13 
14 
16 
22 
28 
31 
Sept. 7 
1968 
Aug. 12 
23 
26 
Sept. 2 
1960 
June 11 
July 12 
1981 
Apr. 
1 
Sept. 14 
Aug. 24 
Sept. 27 
Oct. 15 
196!f 
Dec. 17 
1965 
July 24 
27 
Sept. 6 
May 26 
Oct. 15 
Nov. 10 
July 26 
Oct. 17 
mo 
Oct. 15 
Dec. 23 
28 
/97« 
July 
7 
1973 
July 10 
Dec. 27 
1974 
Jan. 
2 
Feb. 
8 
Oct. 28 
Dec. 21 
1976 
Jan. 
2 
Feb. 28 
1976 
Feb. 
5 
Apr. 21 
Oct. 19 
1978 
Feb. 16 
563. 
759. 
928. 
85-99.. 
85-124. 
85-135. 
85-150. 
85-163. 
85-176. 
85-246. 
85-309. 
85-625. 
85-728. 
85-762. 
85-857. 
86-507. 
86-615. 
87-16.. 
87-247. 
87-595. 
87-707. 
87-805. 
88-208. 
89-86-. 
89-93.. 
89-170. 
89-430. 
89-670. 
84-804. 
90-433. 
90-586. 
91-452. 
91-569. 
91-590. 
92-338. 
92-348. 
93-69.. 
93-201. 
93-236. 
93-249. 
93-496. 
93-528. 
93-585. 
94-5... 
94-210. 
94-273. 
94-555-
1 
13(a). 
1(38). 
8(d). 
243-245. 
1-3 
6,6 
201-202 (title II). 
205, 601(e). 
14... 
6(b). 
201, 202 (less (f)), 203-212, 301-307, 308(a)(3), 
309, 310, 312, 402, 403, 801, 802, 804 "Sec. 
3040)", 809(C). 
11(4) 
206,218, 220(i)-(o). 
68 
70 
70 
7
1 
7
1 
7
1 
7
1 
7
1 
7
1 
7
1 
71 
V2 
72 
72 
72 
74 
7
4 
75 
7
5 
7
6 
76 
7
6 
526. 
702. 
983. 
292. 
343. 
352. 
369. 
411. 
452. 
564. 
631. 
568. 
812. 
859. 
1264 
202. 
382. 
41. 
517. 
397. 
635. 
911. 
90 
263. 
284. 
648. 
168. 
943. 
1521. 
448. 
1149. 
931. 
1499. 
1587. 
423. 
463. 
166-168. 
838. 
993,1021. 
11. 
1532. 
1709. 
1918. 
7. 
34-38, 39-56, 
57-60, 
62-66, 
125-130,139, 
146. 
378. 
2621, 
2628,2630. 
96-231. 
92 STAT. 1470 
PUBLIC LAW 95-473—OCT. 17, 1978 
Reorganization Plans 
Year 
1869 
Plan No. 
1 
Section 
Statutes at Large 
Volume 
83 
Page 
859. 
49 u s e prec. 
10101 note. 
Effective date. 
49 u s e prec. 
10101 note. 
49 u s e 1 note, 
1020 note. 
(c) The laws specified in the schedule in subsection (b) of this sec-
tion, as they existed on October 1,1977, are not repealed to the extent— 
(1) those laws (A) vested functions in the Interstate Commerce 
Commission, or in the chairman or members of the Commission, 
related to the transportation of oil by pipeline, and (B) vested 
functions and authority in the Commission, or an officer or com-
ponent of the Commission, related to the establishment of rates 
or charges for the transportation of oil by pipeline or the valua-
tion of any such pipeline; and 
(2) those functions and authority were transferred by sections 
306 and 402(b) of the Department of Energy Organization Act 
(91 Stat. 581,584,42 U.S.C. 7155,7172 (b)). 
(d) The repeals, by subsection (b) of this section, of section 1(a) 
(25), (26) of the Act of July 3,1952, chapter 570, the Act of June 30, 
1953, chapter 165, and the Act of July 31,1953, chapter 169, are effec-
tive on September 14,1978. 
Approved October 17, 1978. 
.fVK-A 
LEGISLATIVE HISTORY: 
| 
HOUSE REPORT No. 95-1395 (Coram, on the Judiciary). S ' 
-
CONGRESSIONAL RECORD, Vol. 124 (1978): 
i ' 
Sept. 19, considered and passed House. 
Sept. 25, considered and passed Senate, amended. 
Sept. 26, House concurred in Senate amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 42: 
Oct. 18, Presidential statement.