
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC10102]

 
                        TITLE 49--TRANSPORTATION
 
                 SUBTITLE IV--INTERSTATE TRANSPORTATION
 
                              PART A--RAIL
 
                     CHAPTER 101--GENERAL PROVISIONS
 
Sec. 10102. Definitions

    In this part--
        (1) ``Board'' means the Surface Transportation Board;
        (2) ``car service'' includes (A) the use, control, supply, 
    movement, distribution, exchange, interchange, and return of 
    locomotives, 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;
        (3) ``control'', when referring to a relationship between 
    persons, includes actual control, legal control, and the power to 
    exercise control, through or by (A) common directors, officers, 
    stockholders, a voting trust, or a holding or investment company, or 
    (B) any other means;
        (4) ``person'', in addition to its meaning under section 1 of 
    title 1, includes a trustee, receiver, assignee, or personal 
    representative of a person;
        (5) ``rail carrier'' means a person providing common carrier 
    railroad transportation for compensation, but does not include 
    street, suburban, or interurban electric railways not operated as 
    part of the general system of rail transportation;
        (6) ``railroad'' includes--
            (A) a bridge, car float, lighter, ferry, and intermodal 
        equipment 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;

        (7) ``rate'' means a rate or charge for transportation;
        (8) ``State'' means a State of the United States and the 
    District of Columbia;
        (9) ``transportation'' includes--
            (A) a locomotive, car, vehicle, vessel, warehouse, wharf, 
        pier, dock, yard, property, facility, instrumentality, or 
        equipment of any kind related to the movement of passengers or 
        property, or both, by rail, regardless of ownership or an 
        agreement concerning use; and
            (B) services related to that movement, including receipt, 
        delivery, elevation, transfer in transit, refrigeration, icing, 
        ventilation, storage, handling, and interchange of passengers 
        and property; and

        (10) ``United States'' means the States of the United States and 
    the District of Columbia.

(Added Pub. L. 104-88, title I, Sec. 102(a), Dec. 29, 1995, 109 Stat. 
806.)


                            Prior Provisions

    Prior sections 10102 and 10103 were omitted in the general amendment 
of this subtitle by Pub. L. 104-88, Sec. 102(a).
    Section 10102, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1338; Pub. L. 
96-296, Sec. 10(a)(1), July 1, 1980, 94 Stat. 799; Pub. L. 96-454, 
Sec. 3(a), Oct. 15, 1980, 94 Stat. 2011; Pub. L. 97-261, Sec. 6(d)(1), 
Sept. 20, 1982, 96 Stat. 1107; Pub. L. 99-521, Sec. 4, Oct. 22, 1986, 
100 Stat. 2993; Pub. L. 103-272, Sec. 5(m)(13), July 5, 1994, 108 Stat. 
1377; Pub. L. 103-311, title II, Secs. 205(b), 206(f), Aug. 26, 1994, 
108 Stat. 1683, 1686, defined terms used in this subtitle. See sections 
10102, 13102, and 15102 of this title.
    Section 10103, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1340; Pub. L. 
96-448, title II, Sec. 214(c)(2), Oct. 14, 1980, 94 Stat. 1915, provided 
that the remedies under this subtitle were cumulative. See sections 
10501, 13103, and 15103 of this title.
    A prior chapter 103, consisting of sections 10301 to 10311, 10321, 
10322, 10324, 10326 to 10330, 10341 to 10344, 10361 to 10364, and 10381 
to 10388, was omitted in the general amendment of this subtitle by Pub. 
L. 104-88, Sec. 102(a). See chapter 7 of this title.
    Section 10301, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1341; Pub. L. 
97-253, title V, Sec. 502(b), (e), (h)(1), Sept. 8, 1982, 96 Stat. 806, 
related to organization, membership, administration, seal, and expenses 
of Interstate Commerce Commission.
    Section 10302, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1342, related 
to divisions of Commission.
    Section 10303, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1342, related 
to Secretary and public records of Commission.
    Section 10304, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1342, related 
to employee boards of Commission.
    Section 10305, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1342, related 
to delegation of authority by Commission.
    Section 10306, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1343, related 
to conduct of Commission proceedings.
    Section 10307, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1343, related 
to offices and sessions of Commission.
    Section 10308, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1343, related 
to admission to practice before Commission.
    Section 10309, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1344; Pub. L. 
103-437, Sec. 18, Nov. 2, 1994, 108 Stat. 4596, related to access to 
Commission records by congressional committees.
    Section 10310, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1344, related 
to reports of official Commission actions.
    Section 10311, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1345, 
required Commission to submit annual report to Congress.
    Section 10321, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1345; Pub. L. 
97-261, Sec. 24, Sept. 20, 1982, 96 Stat. 1124; Pub. L. 103-272, 
Sec. 4(j)(12), July 5, 1994, 108 Stat. 1368, related to powers of 
Commission.
    Section 10322, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1346; Pub. L. 
96-296, Sec. 25(a), July 1, 1980, 94 Stat. 816; Pub. L. 96-454, 
Sec. 5(b), Oct. 15, 1980, 94 Stat. 2014; Pub. L. 97-261, Secs. 6(e), 
16(c), 17(b), 28(a), Sept. 20, 1982, 96 Stat. 1107, 1117, 1119, 1128; 
Pub. L. 98-554, title II, Sec. 226(c)(1), Oct. 30, 1984, 98 Stat. 2851; 
Pub. L. 103-272, Sec. 5(m)(14), July 5, 1994, 108 Stat. 1377, related to 
Commission action and appellate procedure in non-rail proceedings.
    A prior section 10323, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1346, 
related to rehearing, reargument, and reconsideration in nonrail 
proceedings, prior to repeal by Pub. L. 96-296, Sec. 25(b), July 1, 
1980, 94 Stat. 818.
    Section 10324, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1347; Pub. L. 
96-258, Sec. 1(1), June 3, 1980, 94 Stat. 425; Pub. L. 96-296, 
Sec. 25(c), July 1, 1980, 94 Stat. 818, related to taking effect, 
duration, and modification of Commission actions.
    A prior section 10325, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1347, 
provided for judicial review in nonrail proceedings, prior to repeal by 
Pub. L. 96-296, Sec. 25(d), July 1, 1980, 94 Stat. 818.
    Section 10326, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1348, related 
to limitations in rulemaking proceedings related to rail carriers.
    Section 10327, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1348; Pub. L. 
96-258, Sec. 1(2), June 3, 1980, 94 Stat. 425; Pub. L. 96-296, 
Sec. 25(e), July 1, 1980, 94 Stat. 818; Pub. L. 97-375, title I, 
Sec. 113, Dec. 21, 1982, 96 Stat. 1821; Pub. L. 104-66, title II, 
Sec. 2101, Dec. 21, 1995, 109 Stat. 730, related to Commission action 
and appellate procedure in rail carrier proceedings.
    Section 10328, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1350; Pub. L. 
97-261, Sec. 28(b), Sept. 20, 1982, 96 Stat. 1128; Pub. L. 99-521, 
Sec. 5(a), Oct. 22, 1986, 100 Stat. 2994, related to intervention in 
Commission proceedings.
    Section 10329, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1351; Pub. L. 
99-521, Sec. 5(b), Oct. 22, 1986, 100 Stat. 2994, related to service of 
notice in Commission proceedings.
    Section 10330, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1352, related 
to service of process in court proceedings.
    Section 10341, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1352, 
authorized Commission to refer matters to joint boards.
    Section 10342, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1353, related 
to establishment and membership of joint boards.
    Section 10343, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1353, related 
to powers of joint boards.
    Section 10344, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1354; Pub. L. 
96-296, Sec. 36, July 1, 1980, 94 Stat. 826, related to administration 
and proceedings of joint boards.
    Section 10361, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1355, related 
to Rail Services Planning Office.
    Section 10362, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1355; Pub. L. 
98-216, Sec. 2(5)-(7), Feb. 14, 1984, 98 Stat. 5; Pub. L. 99-509, title 
IV, Sec. 4033(c)(7), Oct. 21, 1986, 100 Stat. 1909; Pub. L. 103-272, 
Sec. 4(j)(13), July 5, 1994, 108 Stat. 1368, related to duties of Rail 
Services Planning Office.
    Section 10363, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1356; Pub. L. 
103-272, Sec. 4(j)(14), July 5, 1994, 108 Stat. 1369, related to 
appointment and duties of Director of Rail Services Planning Office.
    Section 10364, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1356; Pub. L. 
103-272, Sec. 5(m)(15), July 5, 1994, 108 Stat. 1377, related to powers 
of and assistance to Director.
    Section 10381, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1357, related 
to Office of Rail Public Counsel.
    Section 10382, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1357; Pub. L. 
96-258, Sec. 1(3), June 3, 1980, 94 Stat. 425, related to duties and 
standing of Office of Rail Public Counsel.
    Section 10383, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1357; Pub. L. 
103-272, Sec. 4(j)(14), July 5, 1994, 108 Stat. 1369, related to duties 
and appointment of Director of Office of Rail Public Counsel.
    Section 10384, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1358, related 
to staff of Office of Rail Public Counsel.
    Section 10385, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1358; Pub. L. 
103-272, Sec. 5(m)(15), July 5, 1994, 108 Stat. 1377, related to powers 
of Office of Rail Public Counsel.
    Section 10386, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1358, related 
to reports concerning activities of Office of Rail Public Counsel.
    Section 10387, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1358, related 
to budget requests and estimates of Office of Rail Public Counsel.
    Section 10388, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1358; Pub. L. 
96-73, title III, Sec. 301, Sept. 29, 1979, 93 Stat. 557, authorized 
appropriations for Office of Rail Public Counsel for fiscal year ending 
Sept. 30, 1980.

                  Section Referred to in Other Sections

    This section is referred to in section 501 of this title; title 45 
section 1344.
