SUBCHAPTER I—RAIL, RAIL-WATER, EXPRESS, AND PIPELINE CARRIER TRANSPORTATION

Subchapter Referred to in Other Sections

This subchapter is referred to in sections 10102, 10322, 10327, 10329, 10330, 10523, 10541, 10543, 10544, 10701, 10701a, 10703, 10704, 10705, 10705a, 10706, 10707, 10707a, 10709, 10713, 10721, 10722, 10723, 10724, 10725, 10726, 10728, 10730, 10731, 10741, 10742, 10745, 10746, 10748, 10750, 10762, 10763, 10764, 10765, 10781, 10783, 10784, 10786, 10901, 10902, 10903, 10904, 10907, 10908, 10909, 10923, 10930, 10933, 11103, 11104, 11105, 11121, 11124, 11125, 11126, 11128, 11141, 11143, 11144, 11162, 11164, 11166, 11301, 11321, 11323, 11342, 11343, 11344, 11345, 11346, 11350, 11501, 11502, 11503, 11504, 11701, 11702, 11705, 11706, 11707, 11710, 11901, 11904, 11905, 11907, 11908, 11909, 11910, 11913a, 11914, 22101, 22107, 24301, 24501 of this title; title 26 sections 168, 281, 3231, 7701; title 29 section 213; title 33 sections 1507, 1512; title 45 sections 231, 351, 661.

§10501. General jurisdiction

(a) Subject to this chapter and other law, the Interstate Commerce 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 continuous 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 such jurisdiction is not limited by subsection (b) of this section or 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 District 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 another 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 between a place in the United States and a place in a foreign country except as otherwise provided in this subtitle; or

(2) transportation by a water common carrier when that transportation would be subject 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 (1) the transportation is deemed to be subject to the jurisdiction of the Commission pursuant to section 11501(b)(4)(B) of this title, or (2) the State requirement is inconsistent with an order of the Commission issued under this subtitle or is prohibited under this subtitle.

(d) The jurisdiction of the Commission and of State authorities (to the extent such authorities are authorized to administer the standards and procedures of this subtitle pursuant to this section and section 11501(b) of this title) over transportation by rail carriers, and the remedies provided in this subtitle with respect to the rates, classifications, rules, and practices of such carriers, is exclusive.

(Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1359; Pub. L. 96–448, title II, §214(c)(3)–(5), Oct. 14, 1980, 94 Stat. 1915; Pub. L. 103–272, §4(j)(15), July 5, 1994, 108 Stat. 1369.)

In the introductory matter of subsection (a), before clause (1), the words “Subject to this chapter and other provisions of law” are inserted to inform the reader that other sections of the chapter and subtitle qualify the grant of jurisdiction to the Interstate Commerce Commission under the section. The words “the Interstate Commerce Commission has jurisdiction” are substituted for “The provisions of this chapter shall apply to” in 49:1(1) and (2) to eliminate surplus language and for clarity because the intent of the words is to grant the Commission jurisdiction. The words “over transportation” are substituted for the words “to common carriers engaged in” in 49:1(1) and “to such transportation of passengers and property” in 49:1(2) to eliminate redundancy and for consistency with the other general jurisdictional statements at the beginning of each of the subchapters of chapter 105 of the revised title, giving the Commission jurisdiction over transportation.

In subsection (a)(1), before clause (A), the words “rail carrier, express carrier, sleeping car carrier, water common carrier, and pipeline carrier” are substituted for “common carriers” for clarity and because a definition of “common carrier” has been adopted for the subtitle that is broader and includes common carriers other than those to which 49:1(1) and (2) apply.

In subsection (a)(1)(A), the word “only” is substituted for “wholly” for clarity.

In subsection (a)(1)(B), the word “partly” is omitted as surplus.

In subsection (a)(1)(C), the words “natural or artificial” in 49:1(1)(b), before “gas” are omitted as surplus. The word “or” is substituted for “and” in the phrase “except water and . . . gas” in 49:1(1)(b), for clarification because the exemption does not require the pipeline transportation of both water and gas before the exception applies. The exclusion of pipeline transportation of oil from the jurisdiction of the Commission is inserted in view of section 306 of the Department of Energy Organization Act (Pub. L. 95–91), transferring the functions of the Commission related to transporting oil by pipeline to the Department of Energy. The conferees of the 2 Houses explain in their joint statement that the transfer is intended to include “pipeline transportation of crude and refined petroleum and petroleum byproducts, derivatives or petrochemicals.” See House Report 95–539, page 69.

In subsection (a)(2)(A), the words “District of Columbia” are omitted in view of the definition of “State” in section 10102 of the revised title.

In subsection (b)(1), the words “a State (other than the District of Columbia)” are inserted to exclude the District of Columbia from the jurisdictional exemption in view of 49:1(2) that does not now exempt the District of Columbia but would become exempt, but for the exclusion, as the result of the definition of “State” adopted for the revised title. The words “except as otherwise provided in this subtitle” are inserted for clarity.

In subsection (b)(2), the words “passengers or property” are omitted as unnecessary in view of the definition of “transportation” that applies to the subtitle.

In subsection (c), the words “does not affect” are substituted for “nothing . . . shall impair or affect” for clarity and to eliminate redundancy. The word “power” is substituted for “right” for clarity and consistency. The words “freight and passenger service” are omitted as surplus. The word “unless” is substituted for “except insofar” and “except” for clarity. The word “lawful” is omitted as surplus. The words “just and” are omitted for consistency with other provisions of the revised title. See the revision note to section 10101 of the revised title.

Amendments

1994—Subsec. (d). Pub. L. 103–272 substituted “subtitle” for “title” in two places.

1980—Subsec. (a)(2). Pub. L. 96–448, §214(c)(3), inserted “such jurisdiction is not limited by subsection (b) of this section or the extent”.

Subsec. (c). Pub. L. 96–448, §214(c)(4), inserted “(1) the transportation is deemed to be subject to the jurisdiction of the Commission pursuant to section 11501(b)(4)(B) of this title, or (2)”.

Subsec. (d). Pub. L. 96–448, §214(c)(5), added subsec. (d).

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–448 effective Oct. 1, 1980, see section 710(a) of Pub. L. 96–448, set out as a note under section 10101 of this title.

Section Referred to in Other Sections

This section is referred to in section 11126 of this title.

§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 subject 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.

(Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1360.)

The section restates the source provisions for clarity and as a result of the codification of the jurisdictional provisions in chapter 105 of the revised title.

In clause (2), the word “transportation” is substituted for “business” for consistency and because the Interstate Commerce Commission has jurisdiction over transportation.

References in Text

Part I of the Interstate Commerce Act, referred to in par. (1), is act Feb. 4, 1887, ch. 104, 24 Stat. 379, as amended, which was classified to chapter 1 (§1 et seq.) of former Title 49, Transportation, was repealed by Pub. L. 95–473, §4(b), Oct. 17, 1978, 92 Stat. 1467, and is covered by this subchapter.

§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 in 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 transportation:

(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 rail 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, determine 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 minimum 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 carried 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 discharge of an obligation that is required to be paid or discharged under that order.

(Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1360.)

In the introductory matter of subsection (a), before paragraph (1), the words “passengers or property” are omitted as unnecessary in view of the definition of transportation that includes passengers and property. The words “the limits of” are omitted as surplus. The words “rail carrier and a water common carrier” are substituted for “by rail and water . . . by a common carrier or carriers” to eliminate redundancy and for consistency with 49:1 (1) and (2) that have used the terms “rail carrier” and “water carrier” (meaning “water common carrier”) since the enactment of the original provision in 1912. The word “jointly” is inserted for clarity. The words “even if part of the transportation is outside the United States” is substituted for “through the Panama Canal or otherwise” as being more precise. See United States v. New York Central R.R., 272 U.S. 457, 1926; Penn. R.R. Co. v. United States, 55 F. Supp. 473, 484, D.C.N.J., 1943, reversed in part on other grounds, 323 U.S. 612, 1945. The words “in the following particulars, in addition to the jurisdiction given by this chapter” are omitted as surplus. The words “and of the carriers” are omitted as surplus and for consistency with other jurisdictional statements of chapter 105 of the revised title.

In subsection (a)(2), the words “passengers or property” are substituted for “traffic” for consistency with the definition of transportation.

In subsection (a)(2)(A), the word “transported” is substituted for “brought, or from which the passengers or property is taken” for simplicity.

In subsection (b), the word “complaint” is omitted as unnecessary. The words “upon formal complaint or in proceedings instituted by the Commission of its own motion” are omitted as surplus.

§10504. Exempt rail mass transportation

(a) In this section—

(1) “local governmental authority”—

(A) has the same meaning given that term by section 5302(a) of this title; and

(B) includes a person or entity that contracts with the local governmental authority to provide transportation services.

(2) “mass transportation” means transportation services described in section 5302(a) of this title that are provided by rail.

(b) The Interstate Commerce Commission does not have jurisdiction under this subtitle over mass transportation provided by a local governmental authority if—

(1) the Commission would have jurisdiction but for this section; and

(2) the fares of the local governmental authority, 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.

(c) Notwithstanding subsection (b) of this section, a local governmental authority, described in subsection (b), is subject to applicable laws of the United States related to—

(1) safety;

(2) the representation of employees for collective bargaining; and

(3) employment retirement, annuity, and unemployment systems or other provisions related to dealings between employees and employers.

(Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1360; Pub. L. 97–449, §4(b)(4), Jan. 12, 1983, 96 Stat. 2441; Pub. L. 103–272, §4(j)(16), July 5, 1994, 108 Stat. 1369.)

In subsection (a)(2), the defined term “rail mass transportation” is substituted for “mass transportation services” as being more precise and for consistency with the terms of the subtitle.

In the introductory matter of subsection (b), before clause (1), the words “The Interstate Commerce Commission does not have jurisdiction under this subtitle over” are substituted for “no local public body . . . shall, . . . be subject to the Interstate Commerce Act” for clarity and to conform to the terms used in chapter 105 of the revised title.

In subsection (b)(2), the word “interstate” is omitted as unnecessary. The words “chief executive officer” are substituted for “Governor” as more appropriate in view of the definition of “State” that includes the District of Columbia.

The words “except as provided in subparagraph (B) of this paragraph” and subparagraph (B) are omitted as unnecessary because the Commission does not have jurisdiction over safety, collective bargaining, and employee benefit matters, and those matters are covered by other provisions of title 49 related to the Secretary of Transportation.

Pub. L. 97–449

Clause (4) restates section 304(j)(1)(B) of the Regional Rail Reorganization Act of 1973, that was added by section 804 of the Railroad Revitalization and Regulatory Reform Act of 1976 (Pub. L. 94–210, 90 Stat. 139). Section 304(j)(1)(B) was mistakenly omitted from the restatement of subtitle IV of title 49, Interstate Commerce. Clause (4) restates section 304(j)(1)(B) as section 10504(c) of title 49. The subsection is effective on the date of enactment of the Act of October 17, 1978.

Pub. L. 103–272

Section 4(j)(16) amends 49:10504 by substituting “local public authority” and “mass transportation” for “local public body” and “rail mass transportation”, respectively, for consistency in the revised title, and by correcting and making conforming cross-reference amendments.

Amendments

1994—Subsec. (a)(1). Pub. L. 103–272, §4(j)(16)(A), substituted “local governmental authority” for “local public body”.

Subsec. (a)(1)(A). Pub. L. 103–272, §4(j)(16)(C), substituted “section 5302(a)” for “section 1608(c)(2)”.

Subsec. (a)(1)(B). Pub. L. 103–272, §4(j)(16)(A), substituted “local governmental authority” for “local public body”.

Subsec. (a)(2). Pub. L. 103–272, §4(j)(16)(B), (D), substituted “mass transportation” for “rail mass transportation” and “section 5302(a)” for “section 1608(c)(5)”.

Subsec. (b). Pub. L. 103–272, §4(j)(16)(A), (B), in introductory provisions substituted “mass transportation” for “rail mass transportation” and “local governmental authority” for “local public body”.

Subsecs. (b)(2), (c). Pub. L. 103–272, §4(j)(16)(A), substituted “local governmental authority” for “local public body”.

1983—Subsec. (c). Pub. L. 97–449 added subsec. (c), effective Oct. 17, 1978.

§10505. Authority to exempt rail carrier and motor carrier transportation

(a) In a matter related to a rail carrier providing transportation, or a motor carrier providing transportation of property other than household goods, or in non-contiguous domestic trade, 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 when the Commission finds that the application of a provision of this subtitle—

(1) is not necessary to carry out the transportation policy of section 10101 or section 10101a of this title; and

(2) either (A) the transaction or service is of limited scope, or (B) the application of a provision of this subtitle is not needed to protect shippers from the abuse of market power.

(b) The Commission may, where appropriate, begin a proceeding under this section on its own initiative or on application by the Secretary of Transportation or an interested party.

(c) The Commission may specify the period of time during which an exemption granted under this section is effective.

(d) 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 to carry out the transportation policy of section 10101 or section 10101a of this title.

(e) No exemption order issued pursuant to this section shall operate to relieve any rail carrier from an obligation to provide contractual terms for liability and claims which are consistent with the provisions of section 11707 of this title. Nothing in this subsection or section 11707 of this title shall prevent rail carriers from offering alternative terms nor give the Commission the authority to require any specific level of rates or services based upon the provisions of section 11707 of this title.

(f) The Commission may exercise its authority under this section to exempt transportation that is provided by a rail carrier, or a motor carrier providing transportation of property other than household goods, or in non-contiguous domestic trade, as a part of a continuous intermodal movement.

(g) The Commission may not exercise its authority under this section (1) to authorize intermodal ownership that is otherwise prohibited by this title, (2) to relieve a carrier of its obligation to protect the interests of employees as required by this subtitle, (3) to relieve a motor carrier of property or other person from the application or enforcement of the provisions of sections 10706, 10761, 10762, 10927, and 11707 of this title, or (4) to exempt a motor carrier of property from the application of, and compliance with, any law, rule, regulation, standard, or order pertaining to cargo loss and damage; insurance; antitrust immunity for joint line rates and routes, classification of commodities (including uniform packaging rules), uniform bills of lading, or standardized mileage guides; or safety fitness..¹

(Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1361; Pub. L. 96–448, title II, §213, Oct. 14, 1980, 94 Stat. 1912; Pub. L. 103–311, title II, §205(a), (c)(1), Aug. 26, 1994, 108 Stat. 1683, 1684.)

In subsection (a), the words “by order” and “in such order” are omitted as surplus. The word “unreasonable” is substituted for “undue” for consistency. See the revision note for section 10101 of the revised title.

In subsection (b), the words “Secretary of Transportation” are substituted for “Secretary” for clarity.

In subsection (d), the words “after notice” are omitted as unnecessary in view of subchapter II of chapter 5 of title 5.

Amendments

1994—Pub. L. 103–311, §205(c)(1), inserted “and motor carrier” after “rail carrier” in section catchline.

Subsec. (a). Pub. L. 103–311, §205(a)(1), inserted “, or a motor carrier providing transportation of property other than household goods, or in non-contiguous domestic trade,” after “rail carrier providing transportation” in introductory provisions.

Subsecs. (a)(1), (d). Pub. L. 103–311, §205(a)(2), inserted “section 10101 or” before “section 10101a”.

Subsec. (f). Pub. L. 103–311, §205(a)(3), inserted “, or a motor carrier providing transportation of property other than household goods, or in non-contiguous domestic trade,” after “rail carrier”.

Subsec. (g)(3), (4). Pub. L. 103–311, §205(a)(4), added cls. (3) and (4).

1980—Subsec. (a). Pub. L. 96–448 substituted provision authorizing the Commission to grant an exemption when the Commission finds that application of a provision of this subtitle is not necessary to carry out the transportation policy of section 10101a of this title or is not needed to protect shippers from abuse of market power for provision authorizing the Commission to grant an exemption when the Commission finds that application of a provision of this subtitle is not necessary to carry out the transportation policy of section 10101 of this title, would be an unreasonable burden on a person, class of persons, or interstate or foreign commerce, and would serve little or no useful public purpose.

Subsec. (b). Pub. L. 96–448 struck out provision authorizing the Commission to specify the period of time during which the exemption is effective. See subsec. (c) of this section.

Subsec. (c). Pub. L. 96–448 substituted provision authorizing the Commission to specify the period during which the exemption is effective for provision authorizing the Commission to 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 to carry out the transportation policy of section 10101 of this title, to achieve effective regulation by the Commission, and to serve a useful public purpose.

Subsec. (d). Pub. L. 96–448 substituted provision authorizing the Commission to revoke an exemption, to the extent it specifies, when it finds that application to a provision of this subtitle to the person, class, or transportation is necessary to carry out the transportation policy of section 10101a of this title for provision authorizing the Commission to act under this section only after an opportunity for a proceeding.

Subsecs. (e) to (g). Pub. L. 96–448 added subsecs. (e) to (g).

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–448 effective Oct. 1, 1980, see section 710(a) of Pub. L. 96–448, set out as a note under section 10101 of this title.