
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: 49USC10501]

 
                        TITLE 49--TRANSPORTATION
 
                 SUBTITLE IV--INTERSTATE TRANSPORTATION
 
                              PART A--RAIL
 
                        CHAPTER 105--JURISDICTION
 
Sec. 10501. General jurisdiction

    (a)(1) Subject to this chapter, the Board has jurisdiction over 
transportation by rail carrier that is--
        (A) only by railroad; or
        (B) by railroad and water, when the transportation is under 
    common control, management, or arrangement for a continuous carriage 
    or shipment.

    (2) Jurisdiction under paragraph (1) applies only to transportation 
in the United States between a place in--
        (A) a State and a place in the same or another State as part of 
    the interstate rail network;
        (B) a State and a place in a territory or possession of the 
    United States;
        (C) a territory or possession of the United States and a place 
    in another such territory or possession;
        (D) a territory or possession of the United States and another 
    place in the same territory or possession;
        (E) the United States and another place in the United States 
    through a foreign country; or
        (F) the United States and a place in a foreign country.

    (b) The jurisdiction of the Board over--
        (1) transportation by rail carriers, and the remedies provided 
    in this part with respect to rates, classifications, rules 
    (including car service, interchange, and other operating rules), 
    practices, routes, services, and facilities of such carriers; and
        (2) the construction, acquisition, operation, abandonment, or 
    discontinuance of spur, industrial, team, switching, or side tracks, 
    or facilities, even if the tracks are located, or intended to be 
    located, entirely in one State,

is exclusive. Except as otherwise provided in this part, the remedies 
provided under this part with respect to regulation of rail 
transportation are exclusive and preempt the remedies provided under 
Federal or State law.
    (c)(1) In this subsection--
        (A) the term ``local governmental authority''--
            (i) has the same meaning given that term by section 5302(a) 
        of this title; and
            (ii) includes a person or entity that contracts with the 
        local governmental authority to provide transportation services; 
        and

        (B) the term ``mass transportation'' means transportation 
    services described in section 5302(a) of this title that are 
    provided by rail.

    (2) Except as provided in paragraph (3), the Board does not have 
jurisdiction under this part over mass transportation provided by a 
local governmental authority.
    (3)(A) Notwithstanding paragraph (2) of this subsection, a local 
governmental authority, described in paragraph (2), is subject to 
applicable laws of the United States related to--
        (i) safety;
        (ii) the representation of employees for collective bargaining; 
    and
        (iii) employment, retirement, annuity, and unemployment systems 
    or other provisions related to dealings between employees and 
    employers.

    (B) The Board has jurisdiction under sections 11102 and 11103 of 
this title over transportation provided by a local governmental 
authority only if the Board finds that such governmental authority meets 
all of the standards and requirements for being a rail carrier providing 
transportation subject to the jurisdiction of the Interstate Commerce 
Commission that were in effect immediately before January 1, 1996. The 
enactment of the ICC Termination Act of 1995 shall neither expand nor 
contract coverage of employees and employers by the Railway Labor Act, 
the Railroad Retirement Act of 1974, the Railroad Retirement Tax Act, 
and the Railroad Unemployment Insurance Act.

(Added Pub. L. 104-88, title I, Sec. 102(a), Dec. 29, 1995, 109 Stat. 
807; amended Pub. L. 104-287, Sec. 5(21), Oct. 11, 1996, 110 Stat. 
3390.)

                       References in Text

    The ICC Termination Act of 1995, referred to in subsec. (c)(3)(B), 
is Pub. L. 104-88, Dec. 29, 1995, 109 Stat. 803. For complete 
classification of this Act to the Code, see Short Title of 1995 
Amendment note set out under section 101 of this title and Tables.
    The Railway Labor Act, referred to in subsec. (c)(3)(B), is act May 
20, 1926, ch. 347, 44 Stat. 577, as amended, which is classified 
principally to chapter 8 (Sec. 151 et seq.) of Title 45, Railroads. For 
complete classification of this Act to the Code, see section 151 of 
Title 45 and Tables.
    The Railroad Retirement Act of 1974, referred to in subsec. 
(c)(3)(B), is act Aug. 29, 1935, ch. 812, as amended generally by Pub. 
L. 93-445, title I, Sec. 101, Oct. 16, 1974, 88 Stat. 1305, which is 
classified generally to subchapter IV (Sec. 231 et seq.) of chapter 9 of 
Title 45. For further details and complete classification of this Act to 
the Code, see Codification note set out preceding section 231 of Title 
45, section 231t of Title 45, and Tables.
    The Railroad Retirement Tax Act, referred to in subsec. (c)(3)(B), 
is act Aug. 16, 1954, ch. 736, Secs. 3201, 3202, 3211, 3212, 3221, and 
3231 to 3233, 68A Stat. 431, as amended, which is classified generally 
to chapter 22 (Sec. 3201 et seq.) of Title 26, Internal Revenue Code. 
For complete classification of this Act to the Code, see section 3233 of 
Title 26 and Tables.
    The Railroad Unemployment Insurance Act, referred to in subsec. 
(c)(3)(B), is act June 25, 1938, ch. 680, 52 Stat. 1094, as amended, 
which is classified principally to chapter 11 (Sec. 351 et seq.) of 
Title 45, Railroads. For complete classification of this Act to the 
Code, see section 367 of Title 45 and Tables.


                            Prior Provisions

    Provisions similar to those in this section were contained in 
sections 10501 and 10504 of this title prior to the general amendment of 
this subtitle by Pub. L. 104-88, Sec. 102(a).
    A prior section 10501, Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1359; 
Pub. L. 96-448, title II, Sec. 214(c)(3)-(5), Oct. 14, 1980, 94 Stat. 
1915; Pub. L. 103-272, Sec. 4(j)(15), July 5, 1994, 108 Stat. 1369, 
related to jurisdiction of the Interstate Commerce Commission, prior to 
the general amendment of this subtitle by Pub. L. 104-88, Sec. 102(a). 
See sections 10501 and 15301 of this title.


                               Amendments

    1996--Subsec. (c)(3)(B). Pub. L. 104-287 substituted ``January 1, 
1996'' for ``the effective date of the ICC Termination Act of 1995''.


                             Effective Date

    Chapter effective Jan. 1, 1996, except as otherwise provided in Pub. 
L. 104-88, see section 2 of Pub. L. 104-88, set out as a note under 
section 701 of this title.

               Abolition of Interstate Commerce Commission

    Interstate Commerce Commission abolished by section 101 of Pub. L. 
104-88, set out as a note under section 701 of this title.
