
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC333]

 
                        TITLE 49--TRANSPORTATION
 
                SUBTITLE I--DEPARTMENT OF TRANSPORTATION
 
                  CHAPTER 3--GENERAL DUTIES AND POWERS
 
                      SUBCHAPTER II--ADMINISTRATIVE
 
Sec. 333. Responsibility for rail transportation unification and 
        coordination projects
        
    (a) The Secretary of Transportation may develop and make available 
to interested persons any plans, proposals, and recommendations for 
mergers, consolidations, reorganizations, and other unification or 
coordination projects for rail transportation (including arrangements 
for joint use of tracks and other facilities and acquisition or sale of 
assets) that the Secretary believes will result in a rail system that is 
more efficient and consistent with the public interest.
    (b) To achieve a more efficient, economical, and viable rail system 
in the private sector, the Secretary, when requested by a rail carrier 
and under this section, may assist in planning, negotiating, and 
carrying out a unification or coordination of operations and facilities 
of at least 2 rail carriers.
    (c)(1) The Secretary may conduct studies to determine the potential 
cost savings and possible improvements in the quality of rail 
transportation that are likely to result from unification or 
coordination of at least 2 rail carriers, through--
        (A) elimination of duplicating or overlapping operations and 
    facilities;
        (B) reducing switching operations;
        (C) using the shortest or more efficient and economical routes;
        (D) exchanging trackage rights;
        (E) combining trackage and terminal or other facilities;
        (F) upgrading tracks and other facilities used by at least 2 
    rail carriers;
        (G) reducing administrative and other expenses; and
        (H) other measures likely to reduce costs and improve rail 
    transportation.

    (2) When the Secretary requests information for a study under this 
section, a rail carrier shall provide the information requested. In 
carrying out this section, the Secretary may designate an officer or 
employee to get from a rail carrier information on the kind, quality, 
origin, destination, consignor, consignee, and routing of property. This 
information may be obtained without the consent of the consignor or 
consignee notwithstanding section 11904 of this title. When appropriate, 
the designated officer or employee has the powers described in section 
203(c) of the Regional Rail Reorganization Act of 1973 to carry out this 
section, but a subpena must be issued under the signature of the 
Secretary.
    (d)(1) When requested by a rail carrier, the Secretary may hold 
conferences on and mediate disputes resulting from a proposed 
unification or coordination project. The Secretary may invite to a 
conference--
        (A) officers and directors of an affected rail carrier;
        (B) representatives of rail carrier employees who may be 
    affected;
        (C) representatives of the Interstate Commerce Commission;
        (D) State and local government officials, shippers, and consumer 
    representatives; and
        (E) representatives of the Federal Trade Commission and the 
    Attorney General.

    (2) A person attending or represented at a conference on a proposed 
unification or coordination project is not liable under the antitrust 
laws of the United States for any discussion at the conference and for 
any agreements reached at the conference, that are entered into with the 
approval of the Secretary to achieve or determine a plan of action to 
carry out the unification or coordination project.
    (e) When the approval of a proposal submitted by a rail carrier for 
a merger or other action is subject to the jurisdiction of the 
Interstate Commerce Commission under section 11323(a) of this title, the 
Secretary may study the proposal to decide whether it satisfies section 
11324(b) of this title. When the proposal is the subject of an 
application and proceeding before the Commission, the Secretary may 
appear in any proceeding related to the application.

(Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2429; Pub. L. 104-88, title 
III, Sec. 308(b), Dec. 29, 1995, 109 Stat. 946.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
333(a)................................  49:1654(a).                      Oct. 1
5, 1966, Pub. L. 89-670, 80 Stat.
                                                                          931, 
Sec.  5(a)-(e); added Feb. 5,
                                                                          1976,
 Pub. L. 94-210, Sec.  401, 90
                                                                          Stat.
 61.
333(b)................................  49:1654(b).
333(c)................................  49:1654(c).
333(d)................................  49:1654(d).
333(e)................................  49:1654(e).
-------------------------------------------------------------------------------
---------------------------------

    In the section, the word ``transportation'' is substituted for 
``services'' for consistency.
    In subsection (a), the words ``feasible'' and ``but not limited to'' 
are omitted as surplus.
    In subsection (b), the words ``In order'' are omitted as surplus. 
The words ``at least 2'' are substituted for ``two or more'' for 
consistency.
    In subsection (c)(1), the words ``as are deemed'' are omitted as 
unnecessary.
    In subsection (c)(2), the words ``and the study described in section 
901 of the Railroad Revitalization and Regulatory Reform Act of 1976'' 
and ``or such section 901'' are omitted as executed. The word ``nature'' 
is omitted as covered by ``kind''. The word ``When'' is substituted for 
``to the extent'' for consistency. The word ``necessary'' is omitted as 
being included in ``appropriate''. A cross-reference to section 203(c) 
of the Regional Rail Reorganization Act of 1973 is included even though 
the law is unclear because section 1149 of the Omnibus Reconciliation 
Act of 1981 (Pub. L. 97-35, 95 Stat. 675) amended section 203 to repeal 
the powers referred to in the source provisions. No position is taken as 
to whether the powers described in section 203(c) are still in 
existence.
    In subsection (d)(1)(A), the word ``appropriate'' is omitted as 
surplus.
    In subsection (d)(1)(C), the words ``representatives of'' are added 
for consistency in the section.
    In subsection (e), the words ``in his judgment'' are omitted as 
unnecessary and covered by ``decide''. The word ``satisfies'' is 
substituted for ``is in accordance with the standards set forth in'' to 
eliminate unnecessary words.

                       References in Text

    Section 203 of the Regional Rail Reorganization Act of 1973, 
referred to in subsec. (c)(2), which is classified to section 713 of 
Title 45, Railroads, was amended generally by Pub. L. 97-35, title XI, 
Sec. 1149, Aug. 13, 1981, 95 Stat. 675, and as so amended does not 
contain a subsec. (c). For further details, see the fifth par. of 
Historical and Revision Notes above.


                               Amendments

    1995--Subsec. (c)(2). Pub. L. 104-88, Sec. 308(b)(1), substituted 
``11904'' for ``11910(a)(1)''.
    Subsec. (e). Pub. L. 104-88, Sec. 308(b)(2), substituted 
``11323(a)'' for ``11343(a)'' and ``11324(b)'' for ``11344(b)''.


                    Effective Date of 1995 Amendment

    Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2 of 
Pub. L. 104-88, set out as an Effective Date note under section 701 of 
this title.

  Abolition of Interstate Commerce Commission and Transfer of Functions

    Interstate Commerce Commission abolished and functions of Commission 
transferred, except as otherwise provided in Pub. L. 104-88, to Surface 
Transportation Board effective Jan. 1, 1996, by section 702 of this 
title, and section 101 of Pub. L. 104-88, set out as a note under 
section 701 of this title. References to Interstate Commerce Commission 
deemed to refer to Surface Transportation Board, a member or employee of 
the Board, or Secretary of Transportation, as appropriate, see section 
205 of Pub. L. 104-88, set out as a note under section 701 of this 
title.

                  Section Referred to in Other Sections

    This section is referred to in sections 306, 11324 of this title; 
title 45 section 903.
