(6) maintain, and from time to time revise and republish after a proceeding under section 553 of title 5, standards for determining the revenue attributable to the rail properties, the avoidable costs of providing transportation, a reasonable return on the value, and a reasonable management fee;

(7) maintain regulations that—

(A) develop an accounting system permitting the collection and publication by the Consolidated Rail Corporation or by profitable rail carriers providing transportation over lines scheduled for abandonment, of information necessary for an accurate determination of the attributable revenues, 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 continuation 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 operational 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.

(Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1355.)

10362(b)

45:715(d)(1), (2), (3)

(4)-(6).

(1)-(6),

(less words after 2d comma),

10362(b) (7).

10362(b) (8).

45:715(e) (less last sentence of par. 1).

45:715(d)

(introductory

words before comma).

10362(c)..... 45:715(d)(3) (words after 2d comma). 10362(d).... 45:715(e)(1) (last sentence), (2).

In the section, the word "transportation" is substituted for "service" and "services" for consistency in the subchapter and the revised title.

In subsection (b)(1), the words "rail carrier subject to this subtitle" are substituted for "common carrier by railroad subject to part I of such Act" to conform to the revised title.

In subsection (b)(5), the words "maintain regulations" have been substituted for the words "within 180 days after the date of enactment of the Railroad Revitalization and Regulatory Reform Act of 1976, issue additional regulations, after conducting a proceeding in accordance with the provisions of section 553 of title 5, United States Code" since the deleted words are executed.

In subsection (b)(6), the words "as those phrases are used in section 304 of this Act" are omitted since subsection (a) of the section has been inserted providing for section definitions.

In subsection (b)(7), the words "maintain regulations" are substituted for the words "Within 270 days after the date of enactment of the Railroad Revitalization and Regulatory Reform Act of 1976, the Office shall issue additional regulations, after conducting a proceeding in accordance with section 553 of title 5, United States Code" since the deleted words are executed. The words "as that phrase is used in section 1a(6)(a)(ii)(A) of the Interstate Commerce Act" are omitted since subsection (a) of the section has been inserted providing for section definitions.

45:715(d)(7) and (e)(2) are omitted as executed.

REFERENCES IN TEXT

Section 10905(b)(2)(A) of this title, referred to in subsec. (a)(2), was amended generally by Pub. L. 96-448, title IV, § 402(c), Oct. 14, 1980, 94 Stat. 1942, and provisions relating to the avoidable cost of providing rail freight transportation are contained in section 10905(d)(2)(A) of this title.

The Regional Rail Reorganization Act of 1973 (87 Stat. 985), as amended, referred to in subsec. (b)(5)(A), is Pub. L. 93-236, Jan. 2, 1974, 87 Stat. 985, as amended, which is classified principally to chapter 16 (§ 701 et seq.) of Title 45, Railroads. For complete classification of this Act to the Code, see Short Title note set out under section 701 of Title 45 and Tables.

Section 1613 of this title, referred to in subsec. (b)(5)(B), means section 1613 of former Title 49, Transportation, which is classified to section 1613 of the Appendix to this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1613 of Appendix to this title; title 45 sections 584, 744, 1111.

810363. 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 Chairman 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 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.

(d) The Director is subject to the direction of, and shall report to, a Commissioner or the Chairman, as designated by the Chairman. (Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1356.) HISTORICAL AND REVISION NOTES

(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 Commissioner 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 transactions 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 department, agency, and instrumentality of the United States Government shall consider the request, and may furnish assistance the Director considers necessary to carry out the duties of the Office. Assistance may be furnished on a reimbursable or nonreimbursable basis. Assistance includes the transfer of an officer or employee, with the consent, and without prejudice to the position and rating, of the officer or employee. (Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1356.)

The words "shall be established", "new", and "within 60 days after the date of enactment of this section" are omitted as executed. The second sentence of 49:26b(1) is omitted as surplus.

§ 10382. Duties; standing

(a) The Office of Rail Public Counsel

(1) may petition the Interstate Commerce Commission 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 informal or formal proceeding of the Commission, the views of those communities and users of rail transportation affected by a proceeding 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, agencies, and instrumentalities of the United States Government when the policies and activities of any such depart. ment, 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 interest by other means;

(5) shall present the views of users, the general public, affected communities, and, when appropriate, providers of rail transportation in proceedings of departments, agencies, and instrumentalities of the United States Government related to

(A) the impact of energy proposals and actions on rail transportation; and

(B) whether transportation policy is consistent with the energy policies of the United States Government;

(6) in carrying out its duties under clauses (1)-(5) of this subsection, shall assist the Commission in developing a public interest record in proceedings before the Commission; and

(7) 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.

(Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1357; Pub. L. 96-258, § 1(3), June 3, 1980, 94 Stat. 425.)

HISTORICAL AND REVISION NOTES

ignated, substituted "clauses (1)-(5)" for "clauses (1)-(4)". Former par. (6) redesignated (7).

Subsec. (a)(7). Pub. L. 96–258, § 1(3)(A), redesignated former par. (6) as (7).

§ 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 subchapter 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.

(Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1357.) HISTORICAL AND REVISION NOTES

In subsection (a), the words "and functions" are omitted as surplus.

In subsection (b), the words "appointed . . . without regard to the provisions of title 5, United States Code, governing appointments in the competitive service" are omitted as surplus in view of section 2102(a)(1) of title 5.

In subsection (c), the last sentence conforms with title 5. The word "maximum" is omitted as surplus because GS-18 only has one rate.

1980-Pub. L. 96-296, §§ 16(b), 21(b)(2), 24(b)(2), July 1, 1980, 94 Stat. 810, 812, 816, added items 10527, 10528, and 10529.

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 10322, 10701, 10702, 10703, 10705, 10706, 10721, 10723, 10724, 10741, 10747, 10749, 10751, 10761, 10762, 10764, 10765, 11141, 11348, 11703, 11705, 11706, 11902, 11903, 11910, 11915 of this title; section 1654 of Appendix to this title; title 45 sections 581, 1207.

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 of this title; section 1654 of Appendix to this title; title 26 sections 48, 281, 3231, 7701; title 29 section 213; title 33 sections 1507, 1512; title 45 sections 231, 351, 546, 546a, 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-toport 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.

1

(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 title ' pursuant to this section and section 11501(b) of this title) over transportation by rail carriers, and the remedies provided in this title 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.)

Feb. 4, 1887, ch. 104, § 1(1), (2), 24 Stat. 379; June 29, 1906, ch. 3591, § 1, 34 Stat. 584; June 18, 1910, ch. 309, §7, 36 Stat. 544, 545; restated Feb. 28, 1920, ch. 91, § 400, 41 Stat. 474; June 19, 1934, ch. 652, § 602(b), 48 Stat. 1102; Aug. 9, 1935, ch. 498, 1, 49 Stat. 543; Aug. 12, 1958, Pub. L. 85-625, §3, 72 Stat. 570; Aug. 4, 1977, Pub. L. 95-91, § 306, 91 Stat. 581.

'So in original. Probably should be "subtitle".