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Untitled (5) City of Yelm Me o To: Agnes Bennick, City Clerk From: Ken Garmann �/C� CC: File Date: 11/05/99 Re: Flimsies Rail Newsletter On October 8, 1999, 1 renewed the City's subscription to Flimsies Rail Newsletter, for a period of two (2) years. The renewal was via telephone from my office. It was billed to the Public Works Visa Card in the amount of$44.00. 0 Page 1 '�� iIASYA hAiL 9000 PO BOX 7261 CHICO CA 95927-7261 p Phone 530 892-9609 24 Hour Fax 530 894-7359 E-mail: flim4449 a_ollEom ` Dear Valued Subscriber: 0 7 1999 Enclosed please find your renewal form for the magazine yo:OCT&Lbsc 4oz.. m--Shasta Rail Group. We are pleased that you have enjoyed our products in the past and are hoping you will continue to support us by re-subscribing today for your favorite publication. We offer a wide diversity of newsletters for the serious railfan, from Flimsies West! which covers the Western United States twice a month, to the monthly Flimsies Northwest! which covers the Pacific Northwest and Western Canada. Published monthly, SP Review covers the ever changing scene of the former Southern Pacific with current system news, locomotive news, steam infor- mation and old timer stories guaranteed to interest the SP fan. The Overland is our new, fast growing monthly news magazine covering the vast Union Pacific system with news, locomo- tive information, stories, etc. If you are a serious UP fan then this publication is for you! Ready to ship now is the 1998-1999 BNSF Motive Power Annual. Be ready for the best in coverage of BNSF, for this publications is the highest quality you can get on BNSF! All color, it has the quality and satisfaction our other books have had. Produced in conjunction with Four Ways West Publications, you won't be disappointed! The Union Pacific 1998 Mo- tive Power Annual, authored by someone else, is ready now for shipping. Overall, if you want current news and data, then subscribing to or purchasing any of Shasta Rail Group's publications will keep you ahead of the ever changing world of railroading. We look forward to having you on board. Highball! Respectfully, ��g Of BILL SHIPPEN Your Name: [�t is CA- G 1 Tfz- VyV1 Address: _ ­79 City: LtM Stater Zip Code: ( �Sm Phone: (3t# M - Fax: (?(.,D) 4� - E-Mail: C ,4-L P�'C CCr ALL INFORMATION IS KEPT CON DENTIAL! PHONE, FAX AND E-MAIL OPTIONAL (FOR CREDIT CARD ORDERS WE REQUEST YOUR PHONE NUMBER) 9/23/99 MA GAZINES I YEARSAMPLE TOTAL OPTIONS OPTIONS OPTIONS (Circle) THE OVERLAND! $25.00 (12) 546.00 (24) FREE $ FLIMSIES WEST! 34.00(24) $62.00 (50) $12.00 (6) FREE FLIMSIES NORTHWEST! ' $23.00(12) $44.00(24) FREE $ _Z3-4 SP REVIEW ) $61.00(24) $22.00 (8) $12.00(4) FREE S PRODUCTS QUANTITY PRICE SOUTHERN PACIFIC IN AVAILABLE $42.00 h TRANSITION(COLOR) NOW BNSF 1998-1999 MOTIVE AVAILABLE $42.00 S POWER ANNUAL NOW UP 1998-1999 MOTIVE AVAILABLE $47,00 S POWER ANNUAL NOW STOCKTON GUIDE $ (COMING 1999) SACRAMENTO GUIDE $ (COMING 1999) SACRAMENTO RIVER $ CANYON GUIDE (COMING 1999) DISCOUNT TAKEN,* —$ CA STATE SALES TAX INCLUDED SHIPPING&HANDLING INCLUDED GRAND TOTAL 7 $ Z =BOOK OUNT INFORMATION:TAKE$2.00 OFF EACH ADDITIONAL MAGAZINE SUBSCRIPTION R.EXAMPLE: ORDERING ONE YEAR OF FLIMSIES WEST!AT$34.00 AND ONE YEAR OF SP REVIEW AT$32.00,YOU WOULD RECEIVE A$2.00 DISCOUNT FOR A TOTAL OF$64.00. ENL_� Son---im - ...I - i CREDIT CARD ORDERS:TOTAL:$ CARD NUMBER: EXPIRE DATE:_/_.SIGNATURE: PHONE#: VISA,MASTER CARD&DISCOVER. ALL INFORMATION KEPT CONFIDENTIAL! PHONE#OPTIONAL BUT REQUESTED. ❑ SEND ME THE 1999 SHASTA RAIL GROUP ADVERTISING RATE FOLDER. ❑ I'D LIKE TO INVEST IN SRG, INC. PLEASE SEND INFORMATION. —COMING 1999! THE WESTERNRAILFAN— $10K BI-MONTHLY WESTERN COLORIB&W RAIL ACTION,ARTICLES,PICTURE FEATURES, COLUMNS AND NO NEWS! Raised so JUST QUALITY WESTERN RAILROADING AT ITS BEST! WATCH FOR FUTURE ANNOUNCEMENTS! far... DO YOU WISH TO START WITH THE ISSUE YOU EXPIRED WITH AND GET ALL MISSING BACK ISSUES? YES_ NO_ START WITH CURRENT ISSUE YOUR EXPIRATION DATA: FLIMSIES WEST! ISSUE #: FLIMSIES NORTHWEST! ISSUE#: L q Z SP REVIEW ISSUE#: THE OVERLAND START W/ISSUE# a M ce of Yelm 105 Yelm Avenue West YELMP.O. Boz 479 WASHINGTON Yelm, Washington 98597 (360) 458-3244 June 25, 2008 Joseph Williams PO Box 5210 Yelm WA 98597 Dear Mr. Williams: On behalf of the citizens of Yelm, I want to express my thanks to you for your service as the Chair of the Yelm Rail Advisory Committee. Your dedication and interest in planning for future rail services to our community demonstrate your ongoing commitment to our citizens. You should take great pleasure in your accomplishments, both on the Rail Committee and as a valuable donor to the quality of life to all Yelm residents by your various contributions. You have earned the respect and admiration of staff, elected officials and Rail Committee members. I wish there was a way to adequately express my thanks, and the appreciation of the citizens you served, for the enormous contribution you have made. Every small step toward the goal of rail service has not been in vain and I, too, believe the dream of rail service to Yelm will become a reality soon. With gratitude and respect, Ron Harding Mayor, City of Yelm RH/ct Cc: Shelly Badger The C'ty of Yelm is a.i i✓auql Opportun 1y Provider June 4, 2008 Mayor Ron Harding PO Box 479 Yelm, WA 98597 Dear Sir: It has been I 1 years since the beginning of Yelm's rail odyssey. For the past four years very little movement toward our goal of accessing the Tacoma Rail Line through Miles Sand & Gravel has occurred. In the past five months there has been a desire by rail proponents to begin a push toward our goal. I must apologize to the Yelm City Council for failing to act when presented with the opportunities. It is obvious to me that I must pass the torch back to you and step aside for the next leader. Over the years I have been humbled by the trust the Yelm City Council has given to me. I will be checking from the side lines and still dream that in the not to distant future trains will once again serve Yelm's citizens. ur Faithful Servant, oseph Williams 60 458-7563 t Rail Advisory Committee—"Prairie Line" Mayor Adam Rivas Phone: 360-458-8401 Email: a�ivasa y\\m,,—con City of Yelm Fax: 360-458-4348 PO Box 479 Yelm WA 98597 Joe Williams,Committee Chair Phone: 360-458-8533 Email: willed Aw(c;aol.com Prairie Park Development Fax:360458-8501 PO Box 5210 Yelm WA 98597 v 1 ACX, Glen Cunningham Phone:360-789-9771 Email:geeneeceek-aol.com Cunningham Construction Fax: PO Box 2005 Yelm WA 98597 Bill Steele Phone: 360-701-3201 Email:wcs2o l4,iyahoo.com 9209 Mt.View Rd SE Fax: _ Yelm WA 98597 Mayor Ray Bourne Phone:253-843-1113 Email:roymayp ay waye.co_m City of Roy Fax:253-843-0279 PO Box 700 Roy WA 98580 Barrie Wilcox Phone:360-458-7774 Email: Wilcox Farms Fax:360458-6950 bwilcox ii_wilcoxfarns.com 40400 Harts Lake Valley Rd Roy WA 98580 Jerry Trudeau,Vice-Pres./Gen.Mgr. Phone:253-833-3705,ext.429 Email:jerryt(atgra�c 1pits.coin Miles Sand&Gravel Company Fax:253-833-3746 1201 M St.SE/PO Box 130 Auburn WA 98071-0130 Charlie Burnham—Consultant Phone:253-922-9780. Email:cebOAeainc.com David Evans&Associates Fax:253-922-9781 3700 Pacific Hwy E,Ste.311 Tacoma WA 98466 Steve Day—Consultant Phone:206-292-9988, Email:Ada ubpinla�_v_.com Betts,Patterson&Mines,PS 206-268-8646 One Convention Place Fax:206-343-7053 701 Pike Street,Suite 1400 Seattle WA 98101-3927 Taro Kusunose Phone:206-292-9988, Email: Betts,Patterson&Mines,PS 206-268-8646 tkusunose(i-,bpmlaw.com One Convention Place Fax: 206-343-7053 701 Pike Street,Suite 1400 Seattle WA 98101-3927 Shelly Badger,City Admin. Phone:360-458-8405 Email:shellv.a-Nelmtel.com ( City of Yelm Fax:360-458-4348 PO Box 479 Yelm WA 98597 Dana Spivey,Admin.Asst. Phone:360458-8816 Email:dpivey ii: wave.com City of Yelm Fax: 360-458-4348 PO Box 479 Yelm WA 98597 Executive Committee: Mayor Bourne,Mayor Rivas,Joe Williams Budget Committee: Shelly Badger,Mayor Bourne,Mayor Rivas Standards Committee: Jerry Trudeau,Barrie Wilcox,Joe Williams Page 1 of 1 Weis, tie/F) Dana S ive �1 ' From: "Charles Burnham" <Ceb@deainc.com> To: <dspivey@ywave.com> Sent: Monday, November 17, 2003 11:50 AM Subject: Re: Meeting to Brainstorm Dana, ------------ --_ Tues., 12/2 AM is OK. - Weds., 12/3 AM is OK if I can leave Yelm by 10:00 AM for a meeting in Seattle Fri., 12/5 AM is OK, PM is better. Charlie Burnham »> "Dana Spivey" <dspivey@ywave.com> 11/14/03 09:18AM »> Sorry to do this... but due to the short notice.. we've got folks who are unable to make it on Nov. 18th. The next week is Thanksgiving week, so we're looking at the first week of December. Please look at the dates below and let me know ASAP what works for you: . Tues., Dec. 2nd - afternoon . Weds., Dec. 3rd - any time, or . Fri., Dec. 5th - morning. Thanks!! Dana Dana Spivey Administrative Assistant City of Yelm 360-458-8816 dspivey@twave.com 11/17/2003 Page 1 of 1 Dana Spivey From: " ana Spivey" <dspivey@ywave.com> ��'' To: rant Beck" <gbeck@ywa e.com>; "Jerry Trudeau" <jerryt@gravelpits.com>; Charlie Burnham" <CEB@DEAINC.COM>; " oe Williams" <willgrpjsw@aol.com>; <john@optimustransport.com>; "Shelly Badger" <shelly elmtel.com> Cc: "John Thompson" <willgrpjgt@aol.com>; "Dana Lou Spivey" <dspivey@ywave.com> Sent: Friday, November 14, 2003 9:18 AM Subject: Meeting to Brainstorm Sorry to do this... but due to the short notice.. we've got folks who are unable to make it on Nov. 18th. The next week is Thanksgiving week, so we're looking at the first week of December. Please look at the dates below and let me know ASAP what works for you: . Tues., Dec. 2nd - afternoon . Weds., Dec. 3rd - any time, or . Fri., Dec. 5th - morning. Thanks!! Dana Dana Spivey Administrative Assistant City of Yelm 360-458-8816 dspivey@ywave.com 11/14/2003 Page IofI Dana Spivey From: "Shelly Badger" <shelly@yelmtel.com> To: 'Dana Spivey" <dspivey@ywave.com> Sent: Wednesday, November 05, 2003 3:24 PM Subject: Railroad meeting language Call Joe and see when he is back in town (I think week of 11-17) and see what dates and times are good for both his and my schedules prior to sending out the e-mail meeting coordination notice. Address the e-mail to all parties in the introduction: Joe Williams, Rail Advisory Committee Chair Grant Beck, CDD, COY Charlie Burnham, David Evans & Associates Jerry Trudeau..... John Bourdon... Language for e-mail on meeting purpose: "Recently Shelly met with John Bourdon, Optimus Transport, Inc. He is potentially interested in property in the Yelm Industrial Area, however, needs an active rail line. A meeting to "brainstorm" ideas on how to move forward is proposed for Shelly Badger Yelm City Administrator P.O. Box 479, Yelm, WA 98597 360-458-8405 shelly@yelmtel.com 11/5/2003 5 i o i End gVUILA I�sa2 i Page 1 of 2 From: Thera Black <blackvt@co.thurston.wa.us> To: Lon Wyrick <WYRICKL.TRPC.R-PLANNING@co.thurston.wa.us> Date: Tuesday, September 25, 2001 12:28 PM Subject: Yelm, Rail, and Jailyn Hi, Lon - I just spent time talking with Shelley Badger at Yelm about the work they've got underway on the Yelm Prairie Line project, our own interest in expanding our expertise in rail and freight issues to better support our regional partners as a resource, and opportunities for Jailyn to work on some of those freight and rail issues. An area that we can engage in is working on the 'implementation strategy' for the Yelm Prairie Line. Shelley said that Yelm would like to have an intergovernmental agreement and possibly even a short-line operator on board by the end of next year. They have consultants to do much of the legal and financial work. However, what came up as an opportunity was for Jailyn to play a key role in ushering some of the other processes along, working closely with the city's Rail Advisory Committee. This may include: 1. Coordinating / overseeing development of public/private partnerships between city of Yelm. Tacoma, Roy, and Miles Sand and Gravel (where some of the interconnect between Prairie Line and Tacoma Eastern will take place) 2. Working with WSDOT on disbursement of funds for financing of the actual interconnect between the two rail lines (by the way, Yelm received a $500,000 appropriation from the legislature during this last session for financing this interconnnect between Prairie Line and Tacoma Eastern Line. Included in adopted budget. News to me. You?) 3. Opportunity to work with city and business community in developing a 'real world' market plan for the Prairie Line. Shelley noted that the city has hired consultants to do some of the more technical market analysis and business planning. However, she said taking that technical assessment and developing it into a practical strategy for the city is still needed. Shelley wants to talks with Adam about this in her meeting with him today, and I wanted to bounce this off of you, before either of us go any further and before I approach Jailyn with this. >From my perspective, this will provide TRPC with some valuable in-house experience about what it takes to get a (relatively simple) rail acquisition off the ground as a publicly owned enterprise, exposure to and working experience with 'real' freight mobility and accessibility issues, opportunity for qualified input on the RTP freight and rail elements, and a 'real' inter- regional project to facilitate/coordinate with Tacoma (and Pierce, and PSRC, and WSDOT). All of this is valuable in expanding our regional transportation planning capacity and lending some practical experience to our 'woo woo planner' image, especially in regards to freight issues. For Jailyn, it represents an opportunity to get practical experience working on a tangible project that is not overwhelming in scale - rail and freight experience, public/private partnerships, financing, interjurisdictional coordination and collaboration. Working primarily with an incredibly user-friendly community, Yelm. It would also give her opportunity to 'report back' as appropriate to TPB and TRPC with specifics on issues that are increasingly relevant to them, giving her the chance to establish her credibility with them. 10'09 2001 Page 2 of 2 I am interested in pursuing this as a regional transportation function, which, as it is described, is reasonable. As it currently stands, we would not be seeking some independent contract with Yelm, as this is a) an on-the-job training experience for us, b) directly applicable to, and supportive of, our overall regional transportation planning objectives, and c) not something Yelm could afford to contract for if we insisted on it. I see this as a win-win opportunity to provide service, support the region's freight mobility and economic development potential, and gain valuable experience that will be useful for future freight, rail, and eco devo efforts. Shelley said the city hopes to have everything up and running by the end of next year, so most of this work will take place over the next 12-15 months. This would not be a full-time endeavor, though, but rather, a project focus area. It is consistent with both our short-range and long-range program objectives. As with any process, I anticipate it would entail bursts and lulls of effort - however, I'd expect that it would not average more than 250/00f her time which is not out of line with any major project focus area. There's an overview. I'd like to bounce the idea with you when you have time, or at least get your feedback via email if we can't catch up. What do you think? Thera 10/09,2001 Yelm Roy Prairie Line (YRPL) Rail Advisory Committee(RAC) Meeting Monday, February 3, 2003, 10:00 a.m. Yelm City Hall Council Chambers Welcome& Introductions Chairman Joe Williams called the meeting to order at 10:15 a.m. Present: Shelly Badger, City Administrator, City of Yelm PO Box 479,Yelm WA 98597 Office:360458-8405;Fax: 360-458-4348;Email: shelly(aveimtel.com Ray Bourne, Mayor, City of Roy PO Box 700,Roy WA 98580 Office:253-843-1113;Fax:253-843-0279;Email:roymaygr(&ywave.com Glen Cunningham, Cunningham Construction President, Yelm Area Chamber of Commerce PO Box 2005,Yelm WA 98597 Cell:360-789-9771;Home:360-458-8744;Email: geeneecee(&,,aol.com Adam Rivas, Mayor, City of Yelm PO Box 479,Yelm WA 98597 Office:360458-8401;Fax:360458-4348;Cell:253-209-4118;Email: agrivas(&,ywave.com Dana Spivey, Administrative Assistant, City of Yelm PO Box 479,Yelm WA 98597 Office:360-458-8816;Fax: 360-458-4348;Email:dspivey&) wave.com Bill Steele 9209 Mt.View Rd SE,Yelm WA 98597 Phone: 360-701-3201;Email:wcs2010dyahoo.com Jerry Trudeau, Vice Pres./General Mgr., Miles Sand & Gravel PO Box 130,Auburn WA 98071 Office:253-833-3705,ext.429;Fax:253-833-3746;Email: ierryt@gravelpits.com Joe Williams, President/CEO, Williams Group, LLC Chairman Yelm Roy Prairie Line—Rail Advisory Committee(RAC) PO Box 5210,Yelm WA 98597 Office:360458-8533;Fax:360-458-8501;Cell:360-789-7731;Email:willg_Tpjsw(&aol.com Absent: Barrie Wilcox, Wilcox Farms 40400 Harts Lake Valley Road,Roy WA 98580 Office:360458-7774;Fax: 360-458-6950;Email:bwilcox@wilcoxfarms.com YRPL—RAC Meeting Minutes,February 3,2003 Page 1 of 3 Joe Williams stated that the Rail Advisory Committee(RAC) is being"reconstituted" after a long period of time of not meeting. Bill Steele stated that he may be taking a job in the Bonney Lake/Buckley area—and may have to resign as a RAC member. He will let the committee know. Mayor Ray Bourne stated that he would like to add someone to the RAC, the new Roy Fire Chief. Shelly Badger stated that the current committee will need to discuss changing the bi-laws if they wish to add a person to the committee. Mayor Bourne asked if the Roy Fire Chief can't be added as a committee member, could he be on the mailing list, as a"guest"to the meetings? Mr. Williams said that possibly the Roy Fire Chief could be on a future"Ad-Hoc"committee, if needed,but is welcome to attend RAC meetings. Miles Sand & Gravel Company—request for approval related to an existing grade crossing and construction of an overhead crossing to extract material from the west side of tracks. Jerry Trudeau, Vice President/General Manager of Miles Sand& Gravel gave a presentation with maps and photos. The overhead crossing would be very similar to the one"Holroyd's"owns on Reservation Road. Next Steps—group discussion- Mayor Adam Rivas asked if a new crossing will have to be built for a front-end loader? Mr. Trudeau said no,the existing one should suffice, but it will be improved. Ms. Badger asked if the historical crossing is outside of the Murray Creek area? Mr. Trudeau said yes. Mayor Rivas asked if Miles Sand& Gravel is close to being done mining from the existing site? Mr. Trudeau said yes, very close. Glen Cunning asked about the water table? Mr. Trudeau said they will stay the minimum of 5 feet above the high water table. Mr. Williams asked Mr. Trudeau what is the"best case scenario"that he would like to have from the Rail Advisory Committee? Mr. Trudeau stated he would like to have the crossing agreement approval from the City of Yelm. Mr. Williams then spoke of a memo from Steve Day, Consultant from David Evans & Associates. The annual administrative fee would be fairly minor. Manor Bourne asked about the Olympic Pipeline, is it going to affect the rail line? Mr. Trudeau said no,the rail line is far enough away from the pipeline. Mayor Bourne then stated that he thinks the Miles Sand& Gravel truck drivers are all very courteous in the City of Roy. Mr. Steele asked about the historical crossing—it is a Type 3 stream in there(Murray Creek)—will the crossing be 200 feet from the stream? Mr. Trudeau said yes, and that all permit requirements will need to be met related to Murray Creek. Ms. Badger said that she will talk to Taro Kusunose of Betts, Patterson & Mines, P.S.,to see if language regarding the creek could be added to the agreement. More discussion followed. Mayor Rivas stated he has no further concerns regarding the crossing—but there will be some pretty large vehicles using it—need to make sure that annual maintenance is completed. Ms. Badger said they'll need more of a legal description in the agreement. Mr. Williams asked about the Construction Risk fee? Ms. Badger said the city's Insurance Company(AWC) Risk Manager is still reviewing it. Mr. Trudeau said he thinks Miles would probably be able to put the City of Yelm as an "additional insured"on their policy. YRPL—RAC Meeting Minutes,February 3,2003 Page 2 of 3 Ms. Badger said that she wants to make sure Sections 4 & 5 of the agreement include crossing and drainage language extending the Pierce County permit requirements to the location of the creek. Mr. Trudeau asked if the city would be open to change to a 5-year agreement with a 5-year option? Recommendation to Yelm City Council MOTION BY BILL STEELE, SECONDED BY GLEN CUNNINGHAM, TO RECOMMEND TO THE YELM CITY COUNCIL,THE CROSSING LICENSE BE GRANTED TO MILES SAND & GRAVEL WITH AN ANNUAL ADMINISTRATIVE FEE OF FIFTY DOLLARS ($50); AN ANNUAL MAINTENANCE FEE OF FIVE HUNDRED DOLLARS ($500); WITH A FIVE(5)YEAR AGREEMENT WITH AN OPTION TO EXTEND FOR THREE (3) ADDITIONAL PERIODS OF FIVE (5) YEARS. ALL OF THIS CONTINGENT UPON: • RESOLUTION OF THE LIABILITY ISSUE WITH THE CITY OF YELM'S INSURANCE COMPANY (AWC) AND THE ADDITION OF THE APPROPRIATE LANGUAGE—"THE LOCATION AND CONSTRUCTION OF THE CROSSING (which by definition includes both the Private Road Crossing and the Overcrossing) SHALL COMPLY WITH ANY AND ALL PERMITTING REQUIREMENTS"AND—"MILES SHALL REIMBURSE CITY FOR ANY OUTSIDE COSTS (professional or otherwise) INCURRED BY THE CITY IN THE DEVELOPMENT OF THIS AGREEMENT AND IN THE ONGOING REVIEW, INSPECTION AND APPROVAL OF THE CROSSING ("Reimbursement Amount"). SUCH REIMBURSEMENT AMOUNT DUE TO CITY SHALL NOT EXCEED FIVE THOUSAND U.S. DOLLARS ($5,000.00) IN ANY GIVEN CALENDAR YEAR. ANY REIMBURSABLE AMOUNT INCURRED BY CITY IN EXCESS OF THE $5,000.00 YEARLY MAXIMUM SHALL BE ROLLED FORWARD AND INCLUDED IN THE REIMBURSEMENT AMOUNT FOR THE FOLLOWING CALENDAR YEAR." MOTION APPROVED. Jerry Trudeau abstained. Mayor Rivas said that the Yelm City Council has the Rail as one of their goals for the next couple years. Mr. Trudeau asked about the DOT grant? Ms. Badger said that monies to the State DOT Rail Assistance Program will need to be designated by the legislature during this legislative session. If this occurs, the City of Yelm will be able to compete for these funds. A meeting will be held soon to determine if the City will apply, and the scope of the project. Mr. Williams said he thinks the RAC should meet again—in the next 30 days. Everyone agreed. Mr. Williams also said he'd be available to attend the city council meeting on February 12`x'if requested. Mr. Williams adjourned the meeting at 11:20 a.m. Dana Spivey Admini ative Assistant City of Yelm YRPL—RAC Meeting Minutes,February 3,2003 Page 3 of 3 Washington State vAP Department of Transportation Freight Rail Assistance Application Packet As authorized by the Washington State Legislature, the Washington State Department of Transportation (WSDOT)provides loans and grants to: • Support light density rail lines • Improve rail access to ports • Preserve or restore rail corridors and infrastructure WSDOT can provide: • Loans for essential rail projects (including locomotives and rolling stock)on private property • Grants or loans for essential rail projects on public property Application packets will be accepted from January 2, 2003 to April 30, 2003. Selection of projects will be announced June 30, 2003%,Application packets must be received in the WSDOT Rail Office no later than 5:00 p.m., April 30, 2003. WSDOT Rail Office addresses are listed on page 7 of this packet. Application packets submitted by facsimile will not be accepted. Your application packet will consist of the information you provide responding to each category below. Use a separate page(or pages)for each item. Detailed explanations follow to help you understand what is needed. 1. Contact information 2. Project description 3. Project timetable 4. Project costs worksheet 5. Safety or emergency situation information 6. Preservation of rail line information 7. Project benefits worksheet 8. Economic vitality of rail line information 9. Audited financial statement 10. Traffic history 11. Future project cost increases due to special factors 12. Efficiency description 13. Shippers list Why should I read these instructions first? The following information will help you assess whether you qualify for these funds and, if so, more successfully apply. Freight Rail Assistance Application Packet January 2003 WSDOT Rail Office,360-705-7901,rail@wsdot.w-a.gov Page 1 How much money is available? The amount of money available is determined by the Washington State Legislature. WSDOT's current proposal for freight rail assistance totals approximately $4 million for the 2003-2005 biennium,or roughly$2 million per year. These funds will be allocated based on the prioritization process described later in this document. How are the limited freight rail assistance funds allocated? The state legislature has mandated a number of rules that WSDOT must follow in prioritizing freight rail assistance applications and allocating the limited funds. These are mainly based on existing federal rules (the Federal Railroad Administration's Local Rail Freight Assistance program, or LRFA)with some Washington State modifications where they make sense. For example, the federal program heavily discounts the benefits of new or preserved jobs,whereas these are some of the most important outcomes when Washington State makes freight rail investments., What is the benefit to cost ratio requirement? There is a statutory requirement that all freight rail assistance projects must be analyzed to determine benefits and costs. With the exception of situations where continued rail service is in immediate jeopardy, every funded project must deliver more benefits than costs when the benefits are discounted at the federal rate over a 10-year period. The Federal Railroad Administration determines this rate each federal fiscal year and, for 2003, the discount rate is 4.33 percent. Once a project is determined to have a benefit to cost ratio greater than 1.0, the benefit to cost ratio becomes an important component of the project prioritization process. The higher the benefit to cost ratio, the more likely it is that your project will be funded. How does state benefit/cost analysis differ from the federal model? The most significant difference is that the state legislature is very interested in the use of the freight rail assistance program as a means to stimulate economic development. This makes saving or creating jobs very important, whereas the federal approach tends to de-emphasize their value. Washington State counts directly affected jobs for the first two years of the project, whereas the federal rules require that only new jobs can count and then only for the average number of weeks of unemployment in that area. Freight Rail Assistance Application Packet January 2003 WSDOT Rail Office,360-705-7901,rail@wsdotma,gov Page 2 ,How is the benefit/cost ratio calculated? Please see the last section of this document, "Components of the application packet and how they are scored." How is a project's priority calculated? Once'a project'is determined eligible due to its benefit/cost ratio, its priority is calculated according to your answers to the questions shown at the end of this document. The maximum scores for each question reflect the relative importance placed on that issue over time by legislators and the community. The maximum possible total is 100 points. How are projects scored? Points are awarded based on the information you provide. Two items, geographic equity and local economic need,are based on information WSDOT either has on file or obtains from other state sources. WSDOT will also calculate and add in the benefits of avoided highway damage,'if any,using the data you supply: 14 points local funding percentage (question 4) 20 points safety or emergency situation (question 5) 20 points preservation of rail line (question 6) 16 points benefit/cost ratio (questions 4&7) 14 points gain in economic vitality (question 8) 10 points local economic need (provided by WSDOT) 6 points future cost increases (question 11) These scoring categories are explained in the section below called "Components of the application packet and how they are scored." More detailed explanations about the categories are available from WSDOT. How does WSDOT calculate local economic need.) Counties located along the rail line and officially listed as economically depressed under the Washington State Community,Trade and Economic Development - Business Development rules will receive ten points in the prioritization process, zero if they are not. You can view the eligible counties and criteria at www.oted.wa.gov/ed/busde_v/tax. If you do not have Internet access, call --- the Rail Office and they can fax the information to you. Freight Rail Assistance Application Packet January 2003 WSDOT Rail Office,360-705-7901,rail@wsdot.wa.gov Page 3 Will funds always be allocated on the project's priority score? Not always. Previous versions of the freight rail laws and the work of the 1995 Freight Rail Policy Development Committee did give some direction as to how a given project might be prioritized. The point method is an attempt to try and quantify project priorities according to those directions. However, state law allows WSDOT considerable latitude in allocating freight rail assistance funds in order to allow for unusual or critical circumstances. . For example: • if a rail line is abandoned, the state can railbank it to preserve the✓T � corridor even if its immediate economics are not viable � • ' the state can fund a project that would have an extraordinary benefit to the state,for example, if it were to preserve or create an . extraordinary number of jobs What importance does major economic benefit have in the prioritization process? One common occurrence is that an economic development opportunity of great importance appears unexpectedly. Trojects of that kind can easily �a ,Yt0- generate scores of new fobs,which would recoup the total amount of their public funding in new public revenues over just the first few years. Funding such a project ahead of others would certainly be"of benefit to the state." Again, the prioritization score is a guide to assist the funding allocation process,not the sole means to determine it. What is the "of benefit to the state" provision? According to RCW 47.76.240, "lines that provide benefits to the state and local jurisdictions,such as avoided roadway costs,reduced traffic congestion,economic development, environmental protection, and safety, should be assisted through the joint efforts of the state, local jurisdiction, and private sector." Freight Rail Assistance Application Packet January 2003 WSDOT Rail Office,360-705-7901,rail@wsdotwa.goy Page 4 What happens after the initial prioritization? Getting into the official Capital Improvement Projects and Programs (CIPP) book Assuming a project's benefit/cost ratio(explained previously) is greater than 1.0, and its priority score has been determined and validated by the state, the project will appear in WSDOT's book of Capital Improvement Projects and Programs(CIPP). As funds become available for each biennium, WSDOT will use the list of rated projects in the CIPP to best allocate the available funds. It is possible that a lower ranked project might be funded ahead of one with a better score if the legislature so directs or under the railbanking rules previously explained. How are loan terms and conditions set? Terms and conditions for loans will be determined on a project-by-project basis by WSDOT. This is determined primarily on financial need. What happens if my project is not funded this biennium? Projects stay on the CIPP lists indefinitely or until they are funded by other means, private or public. However, an effort will be made at the beginning of each new biennium to refresh the validity of the analysis that went into their ranking. What is railbanking? L 1&4y\4-Dl",-o to o 4-Y6t� The Washington State Legislature and the Washington Transportation Commission have made it very clear that they do not want to lose rail lines that could be economically viable in the future. If it appears that a line could become economically viable within ten years, the line can be "railbanked"—purchased by the state to prevent its loss as a rail corridor. A railbanked line can be used as a trail on a temporary basis. Maintenance or changes on a railbanked line used as a trail must always preserve the ability to again use the line as a railroad in the future. Freight Rail Assistance Application Packet January 2003 WSDOT Rail Office,360-705-7901,rail@wsdot.wa.1.ao�� Page 5 Why are there so many questions to answer? State statutes allow many different reasons to make a freight rail assistance loan to a private railroad or a grant to a public entity. The questions in the application attempt to capture anything that might make your request stand out from the others. No project is likely to have a good answer for every question, and you may mark many questions "not applicable"(N/A). But it is worth the time to fill out the items that do apply to your project because projects that show true value in multiple areas will generally rank higher. Another reason to gather so much data is that it is important for the future of the freight rail assistance program. WSDOT, the railroads, and any public entities that own them must demonstrate ongoing benefits resulting from the state's investment. To do that effectively, baseline economic and operational data are needed. WSDOT can then compare results against this data after projects are completed. If you don't already have data about local businesses,perhaps your local chamber of commerce could help. You could also consider calling businesses located on or near your rail line. Where can I get help completing the packet? State law allows WSDOT to provide technical assistance for freight rail projects and operations. Some help is available even if you are only thinking about a potential project. There are both business analysts and professional engineers available on staff with the necessary expertise. However, WSDOT cannot complete the packet for you. Please contact the WSDOT Rail Office at 360-705-7901 or rail@wsdot.wa.gov for further information. Freight Rail Assistance Application Packet January 2003 WSDOT Rail Office,360-705-7901,rail@wsdot.wa.goV Page 6 Where do I send my completed application packet? Your project doesn't officially exist until your completed freight rail assistance application packet is received in the WSDOT Rail Office. You will then receive a letter of confirmation. The mailing address is: WSDOT Rail Office PO Box 47387 Olympia, WA 98504-7387 If you wish to use express or private mail delivery, please use the address below: 310 Maple Park Ave SE, Rm SA17 Olympia, WA 98501-2361 The application packet must be received in the WSDOT Rail Office no later than 5:00 p.m.on April 30, 2003. What happens after the application is received? WSDOT staff will first review your proposed plan to be sure it meets the minimum eligibility requirements of statute RCW 47.76. If it does, WSDOT staff will determine if the proposed plan is financially and physically possible. We will contact you to discuss proposed operating procedures and details if they are unclear. In addition, a site visit may be required from WSDOT's rail engineers and analysts. At the same time, the Federal Railroad Administration(FRA) environmental checklist will be applied where applicable to see what environmental issues are relevant. The FRA checklist would mostly apply where federal funds and new (rather than maintenance or replacement) construction are involved, although environmentally sound construction practices are obviously required for all freight rail assistance projects. Finally, your application will be prioritized following the process described on the following pages. Freight Rail Assistance Application Packet January 2003 WSDOT Rail Office,360-705-7901,rail@wsdot.w-a.gov Page 7 Components of the application packet and how they are scored You must answer each item below marked as "required." Please answer as many of the other items as possible or state that there is "no response." 1) Contact information (required) Include contact name, company name, address,phone and fax numbers, and e-mail address (if applicable). 2) Project description (required) Please describe the project. What are you proposing to do? What is the intended outcome? Is another organization,government, or company involved in a partnership for this project? 3) Project timetable (required) Describe the project timetable. Are there some critical dates involved? 4) Project costs worksheet (required) State policy requires that non-emergency loans or grants are available for projects that have a benefit to cost ratio greater than 1.0. This occurs when all the costs and benefits for the ten years following the project are discounted at the annual discount rate and summed. This section provides the details of the costs and projected sources of funding. Determine the costs and funding needed to complete this proposed project throughout the 10-year evaluation period, showing the details of the various elements that went into each total. You will need to determine three amounts: • Total cost of the project • Local funding(includes funding or in-kind contributions from any source other than WSDOT's freight rail assistance program) • Amount of state assistance needed(assumed to be total cost minus the amount of local funding) How is the annual discount rate calculated? The annual discount rate is the freight rail assistance version of net present value calculations, which are common in the financial world. This rate is a key element in benefit/cost analysis of proposed rail projects. Use of this rate is a standard procedure under federal freight rail assistance calculation methods. Freight Rail Assistance Application Packet January 2003 WSDOT Rail Office,360-705-7901,rail@wsdot.wa.gov Page 8 , The benefits in future years out to the 10-year limit are discounted by the value of the Federal Railroad Administration's published discount rate (4.33 percent currently). WSDOT calculates this value for all applicants. This information can be provided on request. Local funding Contributions of local funds are not legally required. However,the percentage of local funding is a good indication of how strongly the community will work to ensure the project succeeds. Local funding can be in-kind contributions as well as direct cash. For example, one sawmill offered to donate the ties if the line out to their mill was restored to operation. A county put its county prisoners to work. The minimum wage value of their labor was part of the in-kind match. A short-line railroad had the spikes and track hardware at a sister railroad, but not the ties and rail, so the value of the spikes and hardware became the match. Federal or state economic development funds or other sources are excellent forms of local funding and will be counted dollar for dollar as such. Up to 14 points will be awarded based on the percentage of local funding compared to the total cost of the project. 5) Safety or emergency situation information The freight rail assistance program isn't designed to help with acute emergency situations, like rerailing trains or stopping fire or flood damage. But if a line is serving active customers, a prolonged shutdown could damage the local economy or drive a current customer away from rail use. In such a case,WSDOT may be able to make an emergency grant to help get a line back into operation. Otherwise, an imminent safety or emergency situation gives the project up to 20 points in prioritization scoring. These are situations where a safety or emergency situation clearly could occur due to a known problem, for example, a tunnel whose roof is badly weakened or an old swing bridge that could get stuck in one position. 6) Preservation of rail line Explain what will result if the project is not funded this year. If the rail line will be immediately abandoned or if the project will restore service on an inactive rail line, the project will receive 20 points. �\ Freight Rail Assistance Application Packet January 2003 WSDOT Rail Office,360-705-7901,rail@wsdot.wa.gov Page 9 7) Project benefits worksheet State policy requires that non-emergency loans or grants are available for projects that have a benefit to cost ratio greater than 1.0. This occurs when all the costs and benefits for the ten years following the project are discounted at the annual discount rate and summed. (See page 8 for an explanation of the annual discount rate.) This section provides the details of the costs and projected sources of funding. Avoided highway impacts (provided by WSDOT) Studies have shown there is a net benefit to the public in avoiding highway t, C(t damage through the use of rail freight. WSDOT will calculate the net 1l public benefit from these diversions based on published and reviewed ' academic research. Opportunity costs The profit from ongoing business operations is considered to be a benefit to the local and state economy. Is there additional/different freight or passenger traffic that would move on this line if the proposed project were completed? For example, if the existing track is too light to support modern 286,000-pound railcars, how much gross profit is being lost to online businesses because they must use smaller railcars? What extra gross profit would a short-line railroad receive if it can capture new business? Are there competitive savings in transportation costs that would be lost if the line ceases operation or that could be obtained if the proposed project is completed? Employment impacts State policy now allows employment impacts to be counted for the first two years following the completion of the project. What is the current payroll of jobs that would be saved with this project?What is the projected payroll of jobs that would be created, both on the railroad and in the industries it would serve? For each group of jobs that could be saved or created, please provide the name of a contact person, the company's name, and a phone number. Business relocation costs If the rail line were closed, what costs would the shippers on the line incur in finding and moving to a new location? Freight Rail Assistance Application Packet January 2003 WSDOT Rail Office,360-705-7901,rail@wsdot.wa,gov Page 10 Shipper costs If an industry losing rail service starts using trucks at their current location, how much would their transportation costs increase? Environmental impacts If existing or future businesses move by truck rather than rail, both fuel usage and pollution increase. Are there any other environmental benefits or concerns that we should consider? Reduced operating expenses Would the proposed grant/loan reduce railroad operating expenses? For example, if track is improved, do crew costs go down because they can get their work done more quickly? If the rail line gets a new locomotive, will that reduce rental or maintenance expenses? 8) Economic vitality of the rail line Various Transportation Research Board studies for the Federal Railroad Administration have established that the long-term viability of a rail line can be roughly determined by computing the annual carloads per route mile. The reasoning is that there must be enough carloads each year to generate sufficient free cash in order to maintain the rail line's infrastructure. All projects should result in the line carrying a minimum of 20 carloads per mile per year. Once that condition is satisfied, the larger the percentage gain in the line's number of annual carloads per mile, the greater the number of points that will be awarded. Maximum 14 points. 9) Audited financial statement (required) Provide a copy of your most recent audited financial statement and a copy of your most recent year revenues and expenses. Include amount(if any) of reserve funds as of December 31 of the most recent year. 10) Traffic history(required) Provide the traffic history for the most recent two calendar years. Include carloads and commodities by shipper. Provide projected car count for each of the next ten years. Freight Rail Assistance Application Packet January 2003 WSDOT Rail Office, 360-705-7901,rail@wsdot.wa,gov Page I I 11) Future project cost increases due to special factors Are you aware of any special factors that would greatly increase the cost of the project if delayed two years or more? Routine inflation is not considered. Please explain. Examples of special factors include: a) If a bridge is not repaired, it may become unusable within the 2-year period and have to be entirely replaced. b) A rail line needs to be built in conjunction with a road or other construction project. Without coordinated construction, the rail project will be dramatically more expensive in the future. If delays cause the project costs to increase by 25 percent or more of the original cost,up to 6 bonus points will be awarded. 12) Efficiency description (required) Please describe how the project will make the rail line operational or more efficient to operate. 13) Shippers list (required) List the shippers that use the rail line or facility today. Include contact person name, company name, and phone number. In addition,provide evidence of local support and shipper commitment for this project. Examples include letters of support from shippers. Freight Rail Assistance Application Packet January 2003 WSDOT Rail Office,360-705-7901,rail@wsdot.wa.goy Page 12 Yelm Roy Prairie Line (YRPL) Rail Advisory Committee(RAC) Work-session Friday, March 14, 2003, 10:00 a.m. Prairie Park Development Conference Room Welcome & Introductions Chairman Joe Williams called the work-session to order at 10:00 a.m. Present: Shelly Badger,Ray Bourne,Charlie Burnham, Glen Cunningham,Ron Ernst, Adam Rivas,Dana Spivey,Bill Steele, Jerry Trudeau, Barrie Wilcox,Joe Williams. Mr. Williams explained the purpose of the work-session—to discuss the brand new grant application from the State Rail Fund. Shelly Badger explained the timeline of the grant application process, the deadline is April 30, 2003. Bill Steele asked if there are any legislative hearings planned? Ms. Badger stated that in the legislative budget there is rail money allocated. There was more discussion. Jerry Trudeau explained the hearing for the overhead crossing, which took place on March l O'h. Ms. Bader suggested forming a sub-committee to complete the grant application. It was decided that the sub-committee would consist o£ Shelly Badger, Charlie Burnham, Steve Day and Joe Williams. Charlie Burnham stated that reports on"forecast loadings"will be needed from Miles Sand& Gravel and also Wilcox Farms. Mr. Burnham also said that projections on tourists will be needed from Ron Ernst at Tacoma Rail. From the City of Yelm, Mr. Burnham said he would like to have information on the potential More discussion followed. Mr. Burnham stated that he has a map of the Miles area. MOTION BY BILL STEELE, SECONDED BY RAY BOURNE, TO CREATE AN AD- HOC COMMITTEE TO COMPLETE THE APPLICATION FOR THE WSDOT FREIGHT RAIL ASSISTANCE GRANT. MOTION CARRIED. It was agreed that everyone would have the information that Mr. Burnham requested by April 18, 2003. Mr. Williams adjourned the meeting at 11:00 a.m. Dana Spivey, Administrative Assistant City of Yelm YRPL—RAC Meeting Minutes,February 3,2003 Page 1 of 1 � o; caa� — erp �Yl�u10 l JI l�7hnf- I� `Ifno �;,fAf�� V.nAnio — SGL YY Coal n11}kaft,,1� L�Aa eu�'��q � �g-- �41, hrv_t�e c�mmu�.j�.��� —�}�nGYn ����. w „seJ a� � okrn=rya _. TELE: (732) 225-7415 Cexnbre FAX: (732) 225-7414 www.cembre.com salesUS(cDcembre.com Raritan Center Business Park 70 Campus Plaza II Edison, New.lersey 08837 U 7N T 1 r _ 2 - 50900, v ( AUG 1 2 2004 Ref: 03V101 U & 02VO18U August 05, 2004 `- Shelly Badger City of Yelm 105 Yelm Avenue West Yelm, WA 98597 Dear Shelly, Thank you for your interest in Cembre products. Please find enclosed our U.S. General Products Catalog (03V101 U) and our U.S. Rail Products Catalog (02V018U). We look forward to further discussions with you at your earliest convenience regarding Cembre products. Should you require any assistance, please contact our sales office at (732) 225-7415. Best Regards, re � Walt Antrim Sales, Cembre Inc. Enclosed: 1 - USA Rail Products Catalog (02V018U) & 1 - General Products Catalog (03V101 U) INTERSTATE COMMERCE COMMISSION TERMINATION ACT OF 1995 PUBLIC LAW 104-88 104th Congress — 1st Session H.R. 2539 BETTS PATTERSON & MINES, P.s. Stephen L. Day Andrew D. Shafer 800 Financial Center 1215 Fourth Avenue Seattle, WA 98161-1090 206-292-9988 This printing of the Interstate Commerce Commission Termination Act of 1995 and the Table of Contents was prepared by Betts, Patterson & Mines, P.S. BETTS PATTERSON & MINES, P s. Stephen L. Day Andrew D.Shafer 800 Financial Center 1215 Fourth Avenue Seattle,WA 98161-1090 206-292-9988 INTERSTATE COMMERCE COMMISSION TERMINATION ACT OF 1995 Table of Contents (* 1] Short Title, Table of Contents............... 1 Sec. 10707. Determination of market dominance in rail rate proceedings.........................8 (* 2] Effective Date....................................... 2 Sec. 10708. Rail cost adjustment factor...................8 Sec. 10709. Contracts ..............................................9 (*101] Abolition ............................................... 2 [*102] Rail Provisions...................................... 2 SUBCHAPTER II SPECIAL CIRCUMSTANCES...........................................10 Sec. 10721. Government traffic ..............................10 PARTA - RAIL .............................................................3 Sec. 10722. Car utilization ......................................10 CHAPTER 101 GENERAL PROVISIONS .....................3 SUBCHAPTER III Sec. 10101. Rail transportation policy......................3 LIMITATIONS10 ............................................................... Sec. 10102. Definitions .............................................3 Sec. 10741. Prohibitions against discrimination by rail carriers .....................................10 CHAPTER 105 JURISDICTION ................................. 3 Sec. 10742. Facilities for interchange of traffic.......10 Sec. 10501. General jurisdiction...............................3 Sec. 10743. Liability for payment of rates...............10 Sec. 10502. Authority to exempt rail carrier Sec. 10744. Continuous carriage of freight............11 transportation........................................4 Sec. 10745. Transportation services or facilities furnished by shipper...........................11 CHAPTER 107 RATES .....................................................5 Sec. 107.16. Demurrage charges............................11 Sec. 10747. Designation of certain routes by SUBCHAPTER I shippers..............................................11 GENERAL AUTHORITY.....................................................5 Sec. 10701. Standards for rates,classifications, CHAPTER 109 LICENSING ..........................................11 through routes,rules,and practices ....5 Sec. 10901. Authorizing construction and Sec. 10702. Authority for rail carriers to establish operation of railroad lines...................11 rates,classifications, rules,and practices ...............................................5 Sec. 10902. Short line purchases by Class II and Class III rail carriers .....................12 Sec. 10703. Authority for rail carriers to establish through routes ......................................6 Sec. 10903. Filing and procedure for application to abandon or discontinue.................. 12 Sec. 10704. Authority and criteria: rates, classifications,rules.and practices Sec. 10904. Offers of financial assistance to avoid abandonment and prescribed by Board.............................6 discontinuance ...................................13 Sec. 10705. Authority: through routes,joint classifications,rates,and divisions Sec. 10905. Offering abandoned rail properties prescribed by Board.............................6 for sale for public purposes................14 Sec. 10706. Rate agreements: exemption from Sec. 10906. Exception ............................................ 14 antitrust laws.........................................6 Sec. 10907. Railroad development ........................14 i Interstate Commerce Commission Termination Act of 1995 CHAPTER 111 OPERATIONS ......................................15 Sec. 11323. Consolidation, merger,and acquisition of control ..........................20 SUBCHAPTER I Sec. 11324. Consolidation, merger, and GENERAL REQUIREMENTS ...........................................15 acquisition of control: conditions of approval..........................................20 Sec. 11101. Common carrier transportation, Sec. 11325. Consolidation, merger,and service,and rates ...............................15 acquisition of control: procedure........21 Sec. 11102. Use of terminal facilities......................16 Sec. 11326. Employee protective arrangements Sec. 11103. Switch connections and tracks...........16 in transactions involving rail carriers................................................22 SUBCHAPTER II Sec. 11327. Supplemental orders ..........................22 CAR SERVICE16 Sec. 11328. Restrictions on officers and ................................................................ directors..............................................22 Sec. 11121. Criteria.................................................16 Sec. 11122. Compensation and practice...............17 CHAPTER 115 FEDERAL-STATE RELATIONS .........22 Sec. 11123. Situations requiring immediate action to serve the public ................... 17 Sec. 11501. Tax discrimination against rail transportation property.......................22 Sec. 11124. War emergencies; embargoes Sec. 11502. Withholding State and local imposed by carriers............................ 17 income tax by rail carriers...................23 SUBCHAPTER III REPORTS AND RECORDS..............................................17 CHAPTER 117 ENFORCEMENT: INVESTIGATIONS, RIGHTS, AND REMEDIES ................23 Sec. 11141. Definitions ...... ...................................17 Sec. 11701. General authority23 ................................ Sec. 11142. Uniform accounting system................18 Sec. 11702. Enforcement by the Board..................23 Sec. 11143. Depreciation charges ......................... 18 Sec. 11703. Enforcement by the Attorney Sec. 11144. Records:form: inspection; General ...............................................23 preservation... ...................................18 Sec. 11704. Rights and remedies of persons Sec. 11145. Reports by rail carriers,lessors, injured by rail carriers..........................23 and associations................................. 18 Sec. 11705. Limitation on actions by and against rail carriers..............................24 SUBCHAPTER IV Sec. 11706. Liability of rail carriers under RAILROAD COST ACCOUNTING ... ................................18 receipts and bills of lading..................24 Sec. 11161. Implementation of cost Sec. 11707. Liability when property is delivered accounting principles ......................... 18 in violation of routing instructions .......25 Sec. 11162. Rail carrier cost accounting system ...18 Sec. 11163. Cost availabilit} ...................................18 CHAPTER 119 CIVIL AND CRIMINAL Sec. 11164. Accounting anc cost reporting ........... 19 PENALTIES ..........................................25 Sec. 11901. General civil penalties.........................25 CHAPTER 113 FINANCE .... _ .._.................. .............19 Sec. 11902. Interference with railroad car supply.................................................26 SUBCHAPTER I Sec. 11903. Record keeping and reporting EQUIPMENT TRUSTS AND SECURITY INTERESTS.....19 violations.............................................26 Sec. 11301. Equipment tru_:s: recordation, Sec. 11904. Unlawful disclosure of information .....26 evidence of incebtedness .................. 19 Sec. 11905. Disobedience to subpoenas ..............26 SUBCHAPTER II Sec. 11906. General criminal penalty when specific penalty not provided .............26 COMBINATIONS..............................................................19 Sec. 11907. Punishment of corporation for Sec. 11321. Scope of authority 19 violations committed by certain p ty............................... individuals...........................................27 Sec. 11322. Limitation on pooling and division of transportation or earnings ..............20 Sec. 11908. Relation to other Federal criminal penalties .............................................27 ii Table of Contents (*1031 Motor Carrier, Water Carrier, and Freight I SUBCHAPTER III Forwarder Provisions ......................... 27 FREIGHT FORWARDER SERVICE..................................34 Sec. 13531. General jurisdiction.............................34 PART B - MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT SUBCHAPTER IV FORWARDERS......................................................27 AUTHORITY TO EXEMPT ...............................................34 Sec. 13541. Authority to exempt transportation CHAPTER 131 GENERAL PROVISIONS ...................27 or services ..........................................34 Sec. 13101. Transportation policy...........................27 CHAPTER 137 RATES AND THROUGH Sec. 13102. Definitions ...........................................28 ROUTES................................................34 Sec. 13103. Remedies as cumulative ....................29 Sec. 13701. Requirements for reasonable rates classifications,through routes,rules, CHAPTER 133 ADMINISTRATIVE and practices for certain PROVISION..........................................29 transportation......................................34 Sec. 13702. Tariff requirement for certain Sec. 13301. Powers ................................................29 transportation......................................35 Sec. 13302. Intervention .........................................29 Sec. 13703. Certain collective activities; Sec. 13303. Service of notice in proceedings........30 exemption from antitrust laws.............36 Sec. 13304. Service of process in court Sec. 13704. Household goods rates-estimates; proceedings........................................30 guarantees of service .........................37 Sec. 13705. Requirements for through routes among motor carriers of CHAPTER 135 JURISDICTION....................................30 passengers.........................................37 SUBCHAPTER I Sec. 13706. Liability for payment of rates...............37 MOTOR CARRIER TRANSPORTATION ..........................30 Sec. 13707. Payment of rates.................................37 Sec. 13708. Billing and collecting practices...........38 Sec. 13501. General jurisdiction.............................30 Sec. 13709. Procedures for resolving claims Sec. 13502. Exempt transportation between involving unfiled,negotiated Alaska and other States......................30 transportation rates.............................38 Sec. 13503. Exempt motor vehicle transportation Sec. 13710. Additional billing and collecting in terminal areas .................................31 practices .............................................39 Sec. 13504. Exempt motor carrier transportation Sec. 13711. Alternative procedure for resolving entirely in one State ............................31 undercharge disputes ........................40 Sec. 13505. Transportation furthering a Sec. 13712. Government traffic ..............................40 primary business ................................31 Sec. 13713. Food and grocery transportation........40 Sec. 13506. Miscellaneous motor carrier transportation exemptions..................31 CHAPTER 139 REGISTRATION...................................40 Sec. 13507. Mixed loads of regulated and unregulated property..........................32 Sec. 13901. Requirement for registration ...............41 Sec. 13508. Limited authority over cooperative Sec. 13902. Registration of motor carriers .............41 associations........................................32 Sec. 13903. Registration of freight forwarders .......43 SUBCHAPTER II Sec. 13904. Registration of brokers .......................43 WATER CARRIER TRANSPORTATION ...........................33 Sec. 13905. Effective periods of registration..........43 Sec. 13906. Security of motor carriers, Sec. 13521. General jurisdiction.............................33 brokers,and freight forwarders ..........43 Sec. 13907. Household goods agents...................44 Sec. 13908. Registration and other reforms...........45 I I III Interstate Commerce Commission Termination Act of-11 995 CHAPTER 141 OPERATIONS OF CARRIERS .......45 Sec. 14705. Limitation on actions by and against carriers ...................................54 SUBCHAPTER I Sec. 14706. Liability of carriers under receipts and bills of lading................................54 GENERAL REQUIREMENTS ...........................................46 Sec. 14707. Private enforcement of Sec. 14101. Providing transportation and registration requirement......................55 service.................................................46 Sec. 14708. Dispute settlement program for Sec. 14102. Leased motor vehicles .......................46 household goods carriers ..................56 Sec. 14103. Loading and unloading motor Sec. 14709. Tariff reconciliation rules for motor vehicles...............................................46 carriers of property .............................57 Sec. 14104. Household goods carrier operations...........................................46 CHAPTER 149 CIVIL AND CRIMINAL PENALTIES ..........................................57 SUBCHAPTERII REPORTS AND RECORDS..............................................47 Sec. 14901. General civil penalties.........................57 Sec. 14902. Civil penalty for accepting Sec. 14121. Definitions ...........................................47 rebates from carrier ............................58 Sec. 14122. Records:form; inspection; Sec. 14903. Tariff violations.....................................58 preservation........................................47 Sec. 14904. Additional rate violations.....................58 Sec. 14123. Financial reporting ..............................47 Sec. 14905. Penalties for violations of rules relating to loading and unloading motor vehicles ....................................58 CHAPTER 143 FINANCE ..............................................48 Sec. 14906. Evasion of regulation of carriers Sec. 14301. Security interests in certain motor and brokers.........................................59 vehicles...............................................48 Sec. 14907. Recordkeeping and reporting Sec. 14302. Pooling and division of transpor- violations.............................................59 tation or earnings................................48 Sec. 14908. Unlawful disclosure of information .....59 Sec. 14303. Consolidation,merger,and Sec. 14909. Disobedience to subpoenas ..............59 acquisition of control of motor Sec. 14910. General civil penalty when specific carriers of passengers........................49 penalty not provided...........................59 Sec. 14911. Punishment of corporation for CHAPTER 145 FEDERAL-STATE RELATIONS.......50 violations committed by certain individuals...........................................59 Sec. 14501. Federal authority over intrastate Sec. 14912. Weight-bumping in household transportation......................................50 goods transportation ..........................59 Sec. 14502. Tax discrimination against motor Sec. 14913. Conclusiveness of rates in certain carrier transportation property............51 prosecutions.......................................59 Sec. 14503. Withholding State and local Sec. 14914. Civil penalty procedures .....................60 income tax by certain carriers.............51 Sec. 14504. Registration of motor carriers *104 Miscellaneous Motor Carrier by a State............................................52 ( 1 Sec. 14505. State tax 52 Provisions........................................... 60 .............................................. CHAPTER 147 ENFORCEMENT; INVESTIGATIONS; [*105] Not Included....................................... 61 RIGHTS; REMEDIES..........................52 [*106] Pipeline Carrier Provisions................. 61 Sec. 14701. General authority ................................53 Sec. 14702. Enforcement by the regulatory authority..............................................53 Sec. 14703. Enforcement by the Attorney General ...............................................53 Sec. 14704. Rights and remedies of persons injured by carriers or brokers..............53 iv Table of Contents PART C - PIPELINE CARRIERS .......................61 Sec. 15903. Enforcement by the Attorney General ...............................................64 Sec. 15904. Rights and remedies of persons CHAPTER 151 GENERAL PROVISIONS ...................61 injured by pipeline carriers .................64 Sec. 15101. Transportation policy...........................61 Sec. 15905. Limitation on actions by and against pipeline carriers......................64 Sec. 15102. Definitions ...........................................61 Sec 15906. Liability of pipeline carriers under Sec. 15103. Remedies as cumulative ....................61 receipts and bills of lading..................65 CHAPTER 153 JURISDICTION ......................................61 CHAPTER 161 CIVIL AND CRIMINAL Sec. 15301. General pipeline jurisdiction ...............61 PENALTIES ..........................................65 Sec. 15302. Authority to exempt pipeline Sec. 16101. General civil penalties.........................65 carrier transportation...........................62 Sec. 16102. Recordkeeping and reporting violations.............................................66 CHAPTER 155 RATES ...................................................62 Sec. 16103. Unlawful disclosure of information .....66 Sec. 16104. Disobedience to subpoenas ..............66 Sec. 15501. Standards for pipeline rates, classifications,through routes, Sec. 16105. General criminal penalty when rules and practices .............................62 specific penalty not provided .............66 Sec. 15502. Authority for pipeline carriers to Sec. 16106. Punishment of corporation for establish rates,classifications, violations committed by certain rules,and practices............................62 individuals...........................................66 Sec. 15503. Authority and criteria: rates, [*201] Title 49 Amendments ..........................67 classifications, rules, and practices prescribed by Board...........62 Sec. 15504. Government traffic..............................62 CHAPTER 7 SURFACE TRANSPORTATION Sec. 15505. Prohibition against discrimination BOARD............................................. ... 67 by pipeline carriers .............................63 Sec. 15506. Facilities for interchange of traffic.......63 SUBCHAPTER ESTABLISHMENT............................................................67 CHAPTER 157 OPERATIONS OF CARRIERS...........63 Sec. 701. Establishment of Board ......................67 Sec. 702. Functions ............................................67 SUBCHAPTER A Sec. 703. Administrative provisions....................68 GENERAL REQUIREMENTS ...........................................63 Sec. 704. Annual report ......................................68 Sec. 15701. Providing transportation and Sec. 705. Authorization of appropriations ..........68 service.................................................63 Sec. 706. Reporting official action......................68 SUBCHAPTER B SUBCHAPTER II OPERATIONS OF CARRIERS..........................................63 ADMINISTRATIVE ...........................................................68 Sec. 15721. Definitions ...........................................63 Sec. 721. Powers ................................................68 Sec. 15722. Records:form; inspection; Sec. 722. Board action .......................................69 preservation........................................63 Sec.723. Service of notice in Board Sec. 15723. Reports by carriers, lessors,and proceedings........................................69 associations........................................63 Sec.724. Service of process in court proceedings........................................69 CHAPTER 159 ENFORCEMENT: INVESTIGATIONS, Sec. 725. Administrative support........................69 RIGHTS, AND REMEDIES ................64 Sec. 726. Railroad-Shipper Transportation Sec. 15901. General authority ................................64 Advisory Council.................................70 Sec. 15902. Enforcement by the Board..................64 Sec. 727. Definitions ...........................................71 v Interstate Commerce Commission Termination Act of 1995 (*202] Reorganization................................... 71 [*320] Energy Policy Act of 1992 Amendments ...................................... 76 (*203] Transfer of Assets and Personnel ........................................... 71 [*321] Merchant Marine Act, 1920, Amendments ...................................... 76 (*204] Saving Provisions............................... 71 [*322] Railway Labor Act TITLE It/-CONFORMING Amendments ...................................... 76 AMENDMENTS.................................... 72 (*323] Railroad Retirement Act of 1974 Amendments ......................... 76 Subtitle A—Amendments to United States Code................................................... 75 (*324] Railroad Employment Insurance Act Amendments................................ 77 [*301] Title 5 Amendments ........................... 72 [*325] Emergency Rail Services Act [*302] Title 11 Amendments ......................... 72 of 1970 Amendments ......................... 77 [*303] Title 18 Amendments ......................... 73 [*326] Alaska Railroad Transfer Act of 1982 Amendments ......................... 77 [*304] Internal Revenue Code of 1986 Amendments ...................................... 73 [*327] Regional Rail Reorganization Act of 1973 Amendments................... 77 [*305] Title 28 Amendments ......................... 73 (*328] Milwaukee Railroad [*306] Title 31 Amendments ......................... 74 Restructuring Act Amendment........... 78 [*307] Title 39 Amendments ......................... 74 [*329] Rock Island Railroad Transition and Employee Assistance Act [*308] Title 49 Amendments ......................... 74 Amendments ...................................... 78 Subtitle B— Other Amendments ................... 75 [*330] Railroad Revitalization and Regulatory Reform Act of 1976 (*311] Agricultural Adjustment Act Amendments .......................................78 of 1938 Amendments ......................... 75 [*331] Northeast Rail Service Act (*312] Animal Welfare Act Amendment......... 75 of 1981 Amendments ......................... 78 (*313] Federal Election Campaign (*332] Conrail Privatization Act Act of 1971 Amendments................... 75 Amendment........................................ 78 [*314] Fair Credit Reporting Act [*333] Migrant and Seasonal Amendment........................................ 75 Agricultural Worker Protection Act Amendments................................ 78 [*315] Equal Credit Opportunity Amendment........................................ 75 [*334] Federal Aviation Administration Authorization Act of 1994................... 78 (*316] Fair Debt Collection Practices Act Amendment.................................. 76 [*335] Termination of Certain Maritime Authority............................................. 78 (*317] National Trails System Act Amendment........................................ 76 [*336] Armored Car Industry Reciprocity Act of 1993 Amendments................... 79 [*318] Clayton Act Amendments................... 76 (*337] Labor Management Relations (*319] Inspector General Act of 1978 Act, 1947 Amendment........................ 79 Amendment........................................ 76 I Vi Table of Contents (*338] Inlands Waterway Revenue Act [*403] Violation of Grade-Crossing of 1978 Amendment........................... 79 Laws and Regulations........................ 80 [*339] Noise Control Act of 1972 (*404] Miscellaneous Title 23 Amendment........................................ 79 Amendments ...................................... 80 (*340] Fair Labor Standards Act [*405] Technical Amendments...................... 80 of 1938 Amendment........................... 79 [*406] Fiber Drum Packaging ....................... 80 TITLE IV [*407] Noncontiguous Domestic TradeStudy......................................... 81 MISCELLANEOUS PROVISIONS................ 79 (*408] Federal Highway Administration [*401] Certain Commercial Space Launch Rulemaking ............... 81 ......................... Activities............................................. 79 [*402] Destruction of Motor Vehicles or Motor Vehicle Facilities; Wrecking Trains.................................. 79 Vii INTERSTATE COMMERCE COMMISSION TERMINATION ACT OF 1995 PUBLIC LAW 104-88 104th Congress- 1st Session H.R. 2539 104 P.L. 88; 109 Stat. 803 1995 Enacted H.R. 2539; 104 Enacted H.R. 2539 DATE: DEC. 29, 1995 -PUBLIC LAW 104-88 Sec. 204. Saving provisions. SYNOPSIS: An Act Sec. 205. References. To abolish the Interstate Commerce Commission, to amend subtitle IV of title 49, United States Code, to reform TITLE III -CONFORMING AMENDMENTS economic regulation of transportation, and for other purposes. Subtitle A-Amendments to United States Code Be it enacted by the Senate and House of Representatives Sec. 301. Title 5 amendments. of the United States ofAmerica in Congress assembled, Sec. 302. Title 11 amendments. Sec. 303. Title 18 amendments. 1-11 SECTION 1. SHORT TITLE; TABLE OF Sec. 304. Internal Revenue Code of/986 amendments. CONTENTS. Sec. 305. Title 28 amendments. (a)Short Title.-This Act may be cited as the "ICC Sec. 306. Title 31 amendments. Termination Act of 1995". Sec. 307. Title 39 amendments. (b) Table of Contents.- Sec. 308. Title 49 amendments. Sec. /. Short title;table of contents. Subtitle B-Other Amendments Sec. 2. Effective date. Sec. 311. Agricultural Adjustment Act of/938 amend- TITLE I-ABOLITION OF INTERSTATE ments. COMMERCE COMMISSION Sec. 312. Animal Welfare Act amendment. Sec. 3/3. Federal Election Campaign Act of 1971 Sec. 101. Abolition. amendments. Sec. 102. Rail provisions. Sec. 314. Fair Credit Reporting Act amendment. Sec. 103. Motor carrier, water carrier, and freight Sec. 3/5. Equal Credit Opportunity Act amendment. forwarder provisions. Sec. 316. Fair Debt Collection Practices Act amendment. Sec. 104. Miscellaneous motor carrier provisions. Sec. 317. National Trails System Act amendments. Sec. 105. Creditability of annual leave for purposes of meeting minimum eligibility requirements for an Sec. 318. Clayton Act amendments. immediate annuitv. Sec. 319. Inspector General Act of 1978 amendment. Sec. 106. Pipeline carrier provisions. Sec. 320. Energy Policy Act of 1922 amendments. Sec. 321. Merchant Marine Act, 1920, amendments. TITLE II-SURFACE TRANSPORTATION Sec. 322. Railway Labor Act amendments. BOARD Sec. 323. Railroad Retirement Act of 1974 amendments. Sec. 201. Title 49 amendment. Sec. 324. Railroad Unemployment Insurance Act Sec. 202. Reorganization. amendments. Sec. 203. Transfer of assets and personnel. Sec. 325. Emergency Rail Services Act of 1970 amendments. ICC Termination Act of 1995 Public Law 104-88 Sec. 326. Alaska Railroad Transfer Act of 1982 1*1021 Sec. 102. RAIL PROVISIONS. amendments. (a)Amendment.-Subtitle IV of title 49, United States Sec. 327. Regional Rail Reorganization Act of 1973 Code, is amended to read as follows: amendments. Sec. 328. Milwaukee Railroad Restructuring Act SUBTITLE IV-INTERSTATE TRANSPORTATION amendment. Sec. 329. Rock Island Railroad Transition and Employee Part A -RAIL Assistance Act amendments. Sec. 330. Railroad Revitalization and Regulatory Reform Chapter Sec. Act of 1976 amendments. 101.GENERAL PROVISIONS....................................10101 Sec.331. Northeast Rail Service Act of 1981 amendments. 105.JURISDICTION .................................................10501 Sec. 332. Conrail Privatization Act amendment. 107. RATES .............................................................10507 Sec. 333. Migrant and Seasonal Agricultural Worker 109.LICENSING ......................................................10909 Protection Act amendments. 111.OPERATIONS ...................................................11101 Sec. 334. Federal Aviation Administration Authorization Act of 1994. 113.FINANCE..........................................................11301 Sec. 335. Termination ofcertain maritime authority. 115. FEDERAL-STATE RELATIONS............................11501 Sec. 336. Armored Car Industry Reciprocity Act of 1993 117•ENFORCEMENT:INVESTIGATIONS, amendments. RIGHTS,AND REMEDIES .................................11701 Sec. 337. Labor Management Relations Act, 1947 119. CIVIL AND CRIMINAL PENALTIES.....................11901 amendment. Sec. 338. Inlands Waterway Revenue Act of 1978 Part B-MOTOR CARRIERS, WATER amendment. CARRIERS, BROKERS,AND FREIGHT Sec. 339. Noise Control Act of 1972 amendment. FORWARDERS Sec. 340. Fair Labor Standards Act of 1938 amendment. Chapter Sec. 131.GENERAL PROVISIONS....................................13101 TITLE IV-MISCELLANEOUS PROVISIONS 133.ADMINISTRATIVE PROVISIONS ........................13301 Sec. 401. Certain commercial space launch activities. 135.JURISDICTION .................................................13501 Sec. 402. Destruction of motor vehicles or motor vehicle 137.RATES AND THROUGH ROUTES.......................13701 facilities; wrecking trains. 139. REGISTRATION ................................................13901 Sec. 403. Violation ofgrade-crossing laws and 141.OPERATIONS OF CARRIERS....................... 14101 regulations. 143.FINANCE......................................................... 14301 Sec. 404. Miscellaneous title 23 amendments. Sec. 405. Technical amendments. 145. FEDERAL-STATE RELATIONS............................14501 Sec. 406. Fiber drum packaging. 147.ENFORCEMENT;INVESTIGATIONS; Sec. 407. Noncontiguous domestic trade study. RIGHTS; REMEDIES.........................................14701 Sec. 408. Federal Highway Administration rulemaking. 149.CIVIL AND CRIMINAL PENALTIES .....................14901 Part C-PIPELINE CARRIERS 1*21 Sec. 2. EFFECTIVE DATE. Chapter Sec. Except as otherwise provided in this.-Act, this Act shall 151.GENERAL PROVISIONS....................................15101 take effect on January 1, 1996 153.JURISDICTION .................................................15301 155.RATES AND TARIFFS........................................15501 TITLE I-ABOLITION OF INTERSTATE 157.OPERATIONS OF CARRIERS.............................15701 COMMERCE COMMISSION 159. ENFORCEMENT: INVESTIGATIONS, 1*1011 Sec. 101. ABOLITION. RIGHTS, AND REMEDIES ................................15901 The Interstate Commerce Commission is abolished. 161.CIVIL AND CRIMINAL PENALTIES .....................16101 2 PART A — RAIL Chapter 101 — General Provisions PART A — RAIL Sec. 10102. Definitions In this part— (1) "Board" means the Surface Transportation Board; CHAPTER 101 — GENERAL PROVISIONS (2) "car service" includes (A) the use,control,supply, movement,distribution,exchange,interchange, and return of Sec. 10101. Rail transportation policy. locomotives,cars, other vehicles,and special types of equipment Sec. 10102. Definitions. used in the transportation of property by a rail carrier,and (B)the supply of trains by a rail carrier; Sec. 10101. Rail transportation policy (3) "control,"when referring to a relationship between In regulating the railroad industry, it is the policy of the United persons,includes actual control,legal control,and the power to exercise control,through or by (A) common directors, officers, States Government— stockholders,a voting trust,or a holding or investment company, (1) to allow,to the maximum extent possible,competition or(B)any other means; and the demand for services to establish reasonable rates for (4) "person," in addition to its meaning under section 1 of transportation by rail; title 1,includes a trustee, receiver,assignee,or personal repre- (2) to minimize the need for Federal regulatory control sentative of a person; over the rail transportation system and to require fair and expedi- (5) "rail carrier" means a person providing common tious regulatory decisions when regulation is required; carrier railroad transportation for compensation, but does not (3) to promote a safe and efficient rail transportation include street, suburban,or interurban electric railways not system by allowing rail carriers to earn adequate revenues,as operated as part of the general system of rail transportation; determined by the Board; (6) "railroad" includes— (4) to ensure the development and continuation of a (A) a bridge,car float, lighter,ferry,and inter- sound rail transportation system with effective competition among modal equipment used by or in connection with a railroad; rail carriers and with other modes,to meet the needs of the public and the national defense; (B) the road used by a rail carrier and owned by it or operated under an agreement;and (5) to foster sound economic conditions in transportation and to ensure effective competition and coordination between rail (C) a switch,spur,track,terminal,terminal carriers and other modes; facility,and a freight depot,yard,and ground, used or necessary (6) to maintain reasonable rates where there is an for transportation; absence of effective competition and where rail rates provide (7) "rate"means a rate or charge for transportation; revenues which exceed the amount necessary to maintain the rail (8) "State" means a State of the United States and the system and to attract capital; District of Columbia; (7) to reduce regulatory barriers to entry into and exit (9) "transportation"includes— from the industry; (A) a locomotive,car, vehicle,vessel,warehouse, (8) to operate transportation facilities and equipment wharf, pier, dock,yard,property,facility, instrumentality, or equip- without detriment to the public health and safety; ment of any kind related to the movement of passengers or prop- (9) to encourage honest and efficient management of erty, or both, by rail, regardless of ownership or an agreement railroads; concerning use; and (10) to require rail carriers,to the maximum extent practi- (B) services related to that movement, including cable,to rely on individual rate increases,and to limit the use of receipt, delivery,elevation,transfer in transit, refrigeration, icing, increases of general applicability; ventilation,storage, handling,and interchange of passengers and (11) to encourage fair wages and safe and suitable work property;and ing conditions in the railroad industry; (10) "United States" means the states of the United States and the District of Columbia. (12) to prohibit predatory pricing and practices,to avoid undue concentrations of market power,and to prohibit unlawful discrimination; CHAPTER 105 —JURISDICTION (13) to ensure the availability of accurate cost information Sec. 10501. General jurisdiction. in regulatory proceedings, while minimizing the burden on rail carriers of developing and maintaining the capability of providing Sec. 10502. Authority to exempt rail carrier transportation. such information; (14) to encourage and promote energy conservation;and Sec. 10501. General jurisdiction (15) to provide for the expeditious handling and resolution (a) (1) Subject to this chapter,the Board has jurisdiction over of all proceedings required or permitted to be brought under this transportation by rail carrier that is— part. (A) only by railroad; or 3 ICC Termination Act of 1995 Public Law 104-88 (B) oy railroad and water,when the transportation is being a rail carrier providing transportation subject to the juris- under common control, management,or arrangement for a diction of the Interstate Commerce Commission that were in continuous carriage or shipment. effect immediately before the effective date of the ICC Termination (2) Junsdiction under paragraph (1)applies only to Act of 1995. The enactment of the ICC Termination Act of 1995 transportation in the United States between a place in— shall neither expand nor contract coverage of employees and employers by the Railway Labor Act,the Railroad Retirement Act (A) a State and a place in the same or another State of 1974,the Railroad Retirement Tax Act, and the Railroad as part of the interstate rail network; Unemployment Insurance Act. (B) a State and a place in a territory or possession of the United States: Sec. 10502. Authority to exempt rail carrier (C) a territory or possession of the United States and transportation a place in another such territory or possession; (a) In a matter related to a rail carrier providing transportation (D) a territory or possession of the United States and subject to the jurisdiction of the Board under this part,the Board, another place in the same territory or possession; to the maximum extent consistent with this part,shall exempt a (E) the United States and another place in the United person,class of persons,or a transaction or service whenever States through a foreign country; or the Board finds that the application in whole or in part of a pro- (F the United States and a place in a foreign vision of this part— country. (1) is not necessary to carry out the transportation policy (b) The jurisdiction of the Board over— of section 10101 of this title;and (1) transportation by rail carriers,and the remedies (2) either— provided in this part with respect to rates,classifications, rules (A) the transaction or service is of limited scope;or (including car service,interchange,and other operating rules), (B) the application in whole or in part of the provision practices,routes,services, and facilities of such carriers;and is not needed to protect shippers from the abuse of market power. (2) the construction, acquisition,operation,abandon- (b) The Board may,where appropriate, begin a proceeding ment,or discontinuance of spur, industrial,team,switching,or under this section on its own initiative or on application by the side tracks,or facilities,even if the tracks are located,or intended Secretary of Transportation or an interested party. The Board to be located,entirely in one State, is exclusive. Except as other- shall, within 90 days after receipt of any such application,deter- wise provided in this part,the remedies provided under this part mine whether to begin an appropriate proceeding. If the Board with respect to regulation of rail transportation are exclusive and decides not to begin a class exemption proceeding,the reasons preempt the remedies provided under Federal or State law. for the decision shall be published in the Federal Register. (c) (1) In this subsection— Any proceeding begun as a result of an application under this (:i the term"local governmental authority"— subsection shall be completed within 9 months after it is begun. (i) has the same meaning given that term by (c) The Board may specify the period of time during which an section 5302ia)of this title; and exemption granted under this section is effective. (ii) includes a person or entity that contracts (d) The Board may revoke an exemption,to the extent it with the local governmental authority to provide transportation specifies,when it finds that application in whole or in part of a services;and provision of this part to the person,class,or transportation is (B) the term"mass transportation"means transpor- necessary to carry out the transportation policy of section 10101 tation services described in section 5302(a)of this title that are of this title. The Board shall,within 90 days after receipt of a provided by rail. request for revocation under this subsection,determine whether to begin an appropriate proceeding. If the Board decides not to (2) Except as provided in paragraph (3),the Board does begin a proceeding to revoke a class exemption,the reasons for not have junsdiction under this part over mass transportation pro- the decision shall be published in the Federal Register. Any pro- vided by a local governmental authority. ceeding begun as a result of a request under this subsection shall (3) (A) Notwithstanding paragraph (2)of this subsection, be completed within 9 months after it is begun. a local governmental authority,described in paragraph (2), is (e) No exemption order issued pursuant to this section shall subject to applicable laws of the United States related to— operate to relieve any rail carrier from an obligation to provide (i) safety; contractual terms for liability and claims which are consistent with (ii) the representation of employees for collec- the provisions of section 11706 of this title. Nothing in this sub- tive bargaining. and section or section 11706 of this title shall prevent rail carriers from offering alternative terms nor give the Board the authority to (iii) employment,retirement,annuity, and require any specific level of rates or services based upon the unemployment systems or other provisions related to dealings provisions of section 11706 of this title. between employees and employers. (f) The Board may exercise its authority under this section to (B) The Board has jurisdiction under sections 11102 exempt transportation that is provided by a rail carrier as part of a and 11103 of this title over transportation provided by a local continuous intermodal movement. governmental authorih,only if the Board finds that such govern- mental authority meets all of the sta-dards and requirements for 4 PART A — RAIL Chapter 107 — Rates (g) The Board may not exercise its authority under this section (c) Except as provided in subsection(d)of this section and to relieve a rail carrier of its obligation to protect the interests of unless a rate is prohibited by a provision of this part,a rail carrier employees as required by this part. providing transportation subject to the jurisdiction of the Board under this part may establish any rate for transportation or other CHAPTER 107 — RATES service provided by the rail carrier. (d) (1) If the Board determines,under section 10707 of this SUBCHAPTER I — GENERAL AUTHORITY title,that a rail carrier has market dominance over the transporta- tion to which a particular rate applies,the rate established by such Sec. 10701. Standards for rates,classifications,through routes, carrier for such transportation must be reasonable. rules, and practices. (2) In determining whether a rate established by a rail Sec. 10702. Authority for rail carriers to establish rates, carrier is reasonable for purposes of this section,the Board shall classifications, rules,and practices. give due consideration to— Sec. 10703. Authority for rail carriers to establish through (A) the amount of traffic which is transported at routes. revenues which do not contribute to going concern value and the Sec. 10704. Authority and criteria: rates, classifications, rules, efforts made to minimize such traffic; and practices prescribed by Board. (B) the amount of traffic which contributes only Sec. 10705. Authority:through routes,joint classifications, marginally to fixed costs and the extent to which,if any, rates on rates,and divisions prescribed by Board. such traffic can be changed to maximize the revenues from such traffic;and Sec. 10706. Rate agreements: exemption from antitrust laws. (C) the carrier's mix of rail traffic to determine Sec. 10707. Determination of market dominance in rail rate whether one commodity is paying an unreasonable share of the proceedings. carrier's overall revenues, recognizing the policy of this part that Sec. 10708. Rail cost adjustment factor. rail carriers shall earn adequate revenues,as established by the Sec. 10709. Contracts. Board under section 10704(a)(2) of this title. (3) The Board shall,within one year after the effective SUBCHAPTER II — SPECIAL CIRCUMSTANCES date of this paragraph,complete the pending Interstate Commerce Commission non-coal rate guidelines proceeding to establish a Sec. 10721. Government traffic. simplified and expedited method for determining the reasonable- ness of challenged rail rates in those cases in which a full stand- Sec. 10722. Car utilization. alone cost presentation is too costly,given the value of the case. SUBCHAPTER III — LIMITATIONS Sec. 10702. Authority for rail carriers to establish rates, classifications, rules, and Sec. 10741. Prohibitions against discrimination by rail carriers. practices Sec. 10742. Facilities for interchange of traffic. A rail carrier providing transportation or service subject to the Sec. 10743. Liability for payment of rates. jurisdiction of the Board under this part shall establish reason- Sec. 10744. Continuous carriage of freight. able— Sec. 10745. Transportation services or facilities furnished by (1) rates,to the extent required by section 10707, shipper. divisions of joint rates,and classifications for transportation and Sec. 10746. Demurrage charges. service it may provide under this part;and Sec. 10747. Designation of certain routes by shippers. (2) rules and practices on matters related to that transportation or service. SUBCHAPTER I —GENERAL AUTHORITY Sec. 10703. Authority for rail carriers to establish through routes Sec. 10701. Standards for rates, classifications, Rail carriers providing transportation subject to the jurisdiction through routes, rules, and practices of the Board under this part shall establish through routes (includ- (a) A through route established by a rail carrier must be ing physical connections)with each other and with water carriers reasonable. Divisions of joint rates by rail carriers must be made providing transportation subject to chapter 137,shall establish without unreasonable discrimination against a participating carrier rates and classifications applicable to those routes,and shall and must be reasonable. establish rules for their operation and provide— (b) A rail carrier providing transportation subject to the juris (1) reasonable facilities for operating the through route; diction of the Board under this part may not discriminate in its and rates against a connecting line of another rail carrier providing (2) reasonable compensation to persons entitled to com- transportation subject to the jurisdiction of the Board under this pensation for services related to the through route. part or unreasonably discriminate against that line in the distri- bution of'raffic that is not routed specifically by the shipper. 5 ICC Termination Act of 1995 Public Law 104-88 Sec. 10704. Authority and criteria: rates, classifica- Sec. 10705. Authority: through routes, joint classifi- tions, rules, and practices prescribed by cations, rates, and divisions prescribed Board by Board (a) (1) When the Board, after a full hearing,decides that a (a) (1) The Board may,and shall when it considers it desir- rate charged or collected by a rail carrier for transportation subject able in the public interest, prescribe through routes,joint classifi- to the jurisdiction of the Board under this part,or that a cations,joint rates,the division of joint rates,and the conditions classification, rule,or practice of that carrier,does or will violate i under which those routes must be operated,for a rail carrier pro- this part,the Board may prescribe the maximum rate,classifica- viding transportation subject to the jurisdiction of the Board under tion, rule, or practice to be followed. The Board may order the this part. carrier to stop the violation. When a rate,classification, rule,or (2) The Board may require a rail carrier to include in a practice is prescribed under this subsection,the affected carrier through route substantially less than the entire length of its rail- may not publish,charge,or collect a different rate and shall adopt road and any intermediate railroad operated with it under common the classification and observe the rule or practice prescribed by management or control if that intermediate railroad lies between the Board. the terminals of the through route only when— (2) The Board shall maintain and revise as necessary (A) required under section 10741, 10742, or 11102 standards and procedures for establishing revenue levels for rail of this title; carriers providing transportation subject to its jurisdiction under this part that are adequate, under honest,economical,and effi- (B) inclusion of those lines would make the through cient management,to cover total operating expenses, including route unreasonably long when compared with a practicable alter- depreciation and obsolescence, plus a reasonable and economic native through route that could be established; or profit or return(or both)on capital employed in the business. The (C) the Board decides that the proposed through Board shall make an adequate and continuing effort to assist those route is needed to provide adequate, and more efficient or eco- carriers in attaining revenue levels prescribed under this para- nomic,transportation. The Board shall give reasonable prefer- graph. Revenue levels established under this paragraph should— ence,subject to this subsection,to the rail carrier originating the (A) provide a flow of net income plus depreciation traffic when prescribing through routes. adequate to support prudent capital outlays,assure the repayment (b) The Board shall prescribe the division of joint rates to be of a reasonable level of debt, permit the raising of needed equity received by a rail carrier providing transportation subject to its capital, and cover the effects of inflation;and jurisdiction under this part when it decides that a division of joint (B) attract and retain capital in amounts adequate to rates established by the participating carriers under section provide a sound transportation system in the United States. 10703 of this title,or under a decision of the Board under sub- section (a)of this section,does or will violate section 10701 of (3) on the basis of the standards and procedures this title. described in paragraph (2),the Board shall annually determine which rail carriers are earning adequate revenues. (c) If a division of a joint rate prescribed under a decision of the Board is later found to violate section 10701 of this title,the (b) The Board may begin a proceeding under this section only Board may decide what division would have been reasonable and on complaint. A complaint under subsection (a) of this section order adjustment to be made retroactive to the date the complaint must be made under section 11701 of this title, but the proceed- was filed,the date the order for an investigation was made,or a ing may also be in extension of a complaint pending before the later date that the Board decides is justified. The Board may Board. make a decision under this subsection effective as part of its (c) In a proceeding to challenge the reasonableness of a rate, original decision. the Board shall make its determination as to the reasonableness of the challenged rate— Sec. 10706. Rate agreements: exemption from (1) within 9 months after the close of the administrative antitrust laws record if the determination is based upon a stand-alone cost (a) (1) In this subsection— presentation;or (2) within 6 months after the close of the administrative (A) the term affiliate, means a person controlling, record if the determination is based upon the methodology controlled by, or under common control or ownership with adopted by the Board pursuant to section 10701(d)(3). another person and ownership, refers to equity holdings in a business entity of at least 5 percent; (d) Within 9 months after the effective date of the ICC Termina tion Act of 1995,the Board shall establish procedures to ensure (B) the term"single-line rate" refers to a rate or expeditious handling of challenges to the reasonableness of rail- allowance proposed by a single rail carrier that is applicable only road rates. The procedures shall include appropriate measures for over its line and for which the transportation (exclusive of termi- avoiding delay in the discovery and evidentiary phases of such nal services by switching, drayage or other terminal carriers or proceedings and exemption or revocation proceedings, including agencies) can be provided by that carrier;and appropriate sanctions for such delay, and for ensuring prompt (C) the term"practicably participates in the move- disposition of motions and interlocutory administrative appeals. I ment"shall have such meaning as the Board shall by regulation prescribe. (2) (A) A rail carder providing transportation subject to the jurisdiction of the 3oa d under this Fart that is a party to an 6 PART A — RAIL Chapter 107 — Rates agreement of at least 2 rail carriers that relates to rates (including lation of this subsection,that party has the burden of showing charges between rail carriers and compensation paid or received that the vote or agreement occurred. A showing of parallel for the use of facilities and equipment),classifications,divisions, behavior does not satisfy that burden by itself. or rules related to them,or procedures for joint consideration, (ii) In any proceeding in which it is alleged that initiation, publication,or establishment of them,shall apply to the a carrier was a party to an agreement,conspiracy,or combination Board for approval of that agreement under this subsection. The in violation of a Federal law cited in subsection (a)(2)(A) of this Board shall approve the agreement only when it finds that the section or of any similar State law, proof of an agreement, con- making and carrying out of the agreement will further the trans- spiracy,or combination may not be inferred from evidence that portation policy of section 10101 of this title and may require two or more rail carriers acted together with respect to an interline compliance with conditions necessary to make the agreement rate or related matter and that a party to such action took similar further that policy as a condition of its approval. If the Board action with respect to a rate or related matter on another route or approves the agreement, it may be made and carried out under its traffic. In any proceeding in which such a violation is alleged, terms and under the conditions required by the Board,and the evidence of a discussion or agreement between or among such Sherman Act(15 U.S.C. 1, et seq.),the Clayton Act(15 U.S.C. rail carrier and one or more other rail carriers,or of any rate or 12, et seq.),the Federal Trade Commission Act(15 U.S.C.41,et other action resulting from such discussion or agreement,shall seq.), sections 73 and 74 of the Wilson Tariff Act(15 U.S.C. 8 not be admissible if the discussion or agreement— and 9), and the Act of June 19, 1936 (15 U.S.C. 13, 13a, 13b, 21 a)do not apply to parties and other persons with respect to (I) was in accordance with an agreement approved under paragraph (2)of this subsection;or making or carrying out the agreement. However,the Board may not approve or continue approval of an agreement when the con- (II) concerned an interline movement of the ditions required by it are not met or if it does not receive a verified rail carrier,and the discussion or agreement would not, consid- statement under subparagraph (B) of this paragraph. ered by itself,violate the laws referred to in the first sentence of (B) The Board may approve an agreement under this clause. In any proceeding before a jury,the court shall deter- subparagraph (A)of this paragraph only when the rail carriers mine whether the requirements of subclause (1)or(11) are satis- applying for approval file a verified statement with the Board. fied before allowing the introduction of any such evidence. Each statement must specify for each rail carrier that is a party to (C) An organization described in subparagraph (A) of the agreement— this paragraph shall provide that transcripts or sound recordings (i) the name of the carrier; be made of all meetings,that records of votes be made, and that such transcripts or recordings and voting records be submitted to (ii) the mailing address and telephone number the Board and made available to other Federal agencies in con- of its headquarter's office; and nection with their statutory responsibilities over rate bureaus, (iii) the names of each of its affiliates and the except that such material shall be kept confidential and shall not names,addresses, and affiliates of each of its officers and direc- be subject to disclosure under section 552 of title 5, United States tors and of each person,together with an affiliate, owning or con- Code. trolling any debt, equity,or security interest in it having a value of (4) Notwithstanding any other provision of this subsec- at least$1,000,000. tion,one or more rail carriers may enter into an agreement, with- (3) (A) An organization established or continued under out obtaining prior Board approval,that provides solely for com- an agreement approved under this subsection shall make a final pilation, publication,and other distribution of rates in effect or to disposition of a rule or rate docketed with it by the 120th day after become effective. The Sherman Act(15 U.S.C. 1 et seq.),the the proposal is docketed. Such an organization may not— Clayton Act(15 U.S.C. 12 et seq.),the Federal Trade Commission (i) permit a rail carrier to discuss,to participate Act(15 U.S.C. 41 et seq.),sections 73 and 74 of the Wilson Tariff in agreements related to,or to vote on single-line rates proposed Act(15 U.S.C. 8 and 9), and the Act of June 19, 1936 (15 U.S.C. by another rail carrier,except that for purposes of general rate 13, 13a, 13b, 21 a) shall not apply to parties and other persons increases and broad changes in rates,classifications, rules,and with respect to making or carrying out such agreement. However, practices only, if the Board finds at any time that the implementa- the Board may, upon application or on its own initiative, investi- tion of this clause is not feasible, it may delay or suspend such gate whether the parties to such an agreement have exceeded its implementation in whole or in part; scope, and upon a finding that they have,the Board may issue such orders as are necessary,including an order dissolving the (ii) permit a rail carrier to discuss,to participate agreement,to ensure that actions taken pursuant to the agree- in agreements related to,or to vote on rates related to a particular ment are limited as provided in this paragraph. interline movement unless that rail carrier practicably participates in the movement;or (5) (A) Whenever two or more shippers enter into an agreement to discuss among themselves that relates to the (iii) if there are interline movements over two or amount of compensation such shippers propose to be paid by rail more routes between the same end points, permit a carrier to dis- carriers providing transportation subject to the jurisdiction of the cuss,to participate in agreements related to,or to vote on rates Board under this part,for use by such rail carriers of rolling stock except with a carrier which forms part of a particular single route. owned or leased by such shippers,the shippers shall apply to the If the Board finds at any time that the implementation of this Board for approval of that agreement under this paragraph. The clause is not feasible, it may delay or suspend such implemen- Board shall approve the agreement only when it finds that the tation in whole or in part. making and carrying out of the agreement will further the trans- (B) (i) In any proceeding in which a party alleges portation policy set forth in section 10101 of this title and may that a rail carrier voted or ag eed on a rate or allowance in vio- require compliance with cc ,ditions neces,ary to make the 7 ICC Termination Act of 1995 Public Law 104-88 agreement further that policy as a condition of approval. If the (2) Reports received by the Board under this subsection Board approves the agreement, it may be made and carried out shall be published and made available to the public under section under its terms and under the terms required by the Board,and 552(a)of title 5. the antitrust laws set forth in paragraph (2)of this subsection do not apply to parties and other persons with respect to making or Sec. 10707. Determination of market dominance in carrying out the agreement. The Board shall approve or dis- rail rate proceedings approve an agreement under this paragraph within one year after the date application for approval of such agreement is made. (a) In this section, market dominance, means an absence of (B) If the Board approves an agreement described in effective competition from other rail carriers or modes of trans- subparagraph (A)of this paragraph and the shippers entering into portation for the transportation to which a rate applies. such agreement and the rail carriers proposing to use rolling (b) When a rate for transportation by a rail carrier providing stock owned or leased by such shippers, under payment by such transportation subject to the jurisdiction of the Board under this carriers or under a published allowance, are unable to agree upon part is challenged as being unreasonably high,the Board shall the amount of compensation to be paid for the use of such rolling determine whether the rail carrier proposing the rate has market stock,any party directly involved in the negotiations may require dominance over the transportation to which the rate applies. The that the matter be settled by submitting the issues in dispute to Board may make that determination on its own initiative or on the Board. The Board shall render a binding decision, based upon complaint. A finding by the Board that the rail carrier does not a standard of reasonableness and after taking into consideration have market dominance is determinative in a proceeding under any past precedents on the subject matter of the negotiations, no this part related to that rate or transportation unless changed or later than 90 days after the date of the submission of the dispute set aside by the Board or set aside by a court of competent to the Board. jurisdiction. (C) Nothing in this paragraph shall be construed to (c) When the Board finds in any proceeding that a rail carrier change the law in effect prior to the effective date of the Staggers proposing or defending a rate for transportation has market domi- Rail Act of 1980 with respect to the obligation of rail carriers to nance over the transportation to which the rate applies, it may utilize rolling stock owned or leased by shippers. then determine that rate to be unreasonable if it exceeds a reason- (b) The Board may require an organization established or con- able maximum for that transportation. However, a finding of tinued under an agreement approved under this section to main- market dominance does not establish a presumption that the tain records and submit reports. The Board may inspect a record proposed rate exceeds a reasonable maximum. maintained under this section. (d) (1) (A) In making a determination under this section,the (c) The Board may review an agreement approved under sub- Board shall find that the rail carrier establishing the challenged section (a) of this section and shall change the conditions of rate does not have market dominance over the transportation to approval or terminate it when necessary to comply with the public which the rate applies if such rail carrier proves that the rate interest and subsection (a). The Board shall postpone the effec- charged results in a revenue-variable cost percentage for such tive date of a change of an agreement under this subsection for transportation that is less than 180 percent. whatever period it determines to be reasonably necessary to (B) For purposes of this section,variable costs for a avoid unreasonable hardship. rail carrier shall be determined only by using such carrier's unad- (d) The Board may begin a proceeding under this section on justed costs, calculated using the Uniform Rail Costing System its own initiative or on application. Action of the Board under this cost finding methodology (or an alternative methodology adopted section— by the Board in lieu thereof)and indexed quarterly to account for current wage and price levels in the region in which the carrier (1) approving an agreement; operates,with adjustments specified by the Board. A rail carrier (2) denying,ending,or changing approval; may meet its burden of proof under this subsection by establish- (3) prescribing the conditions on which approval is ing its variable costs in accordance with this paragraph, but a granted; or shipper may rebut that showing by evidence of such type,and in accordance with such burden of proof, as the Board shall (4) changing those conditions, has effect only as related prescribe. to application of the antitrust laws referred to in subsection (a)of this section. (2) A finding by the Board that a rate charged by a rail carrier results in a revenue-variable cost percentage for the trans- (e) (1) The Federal Trade Commission, in consultation with portation to which the rate applies that is equal to or greater than the Antitrust Division of the Department of Justice, shall prepare 180 percent does not establish a presumption that— periodically an assessment of, and shall report to the Board on— (A) such rail carrier has or does not have market (A) possible anticompetitive features of— dominance over transportation; or (i) agreements approved or submitted for (B) the proposed rate exceeds or does not exceed a approval under subsection (a)of this section; and reasonable maximum. (ii) an organization operating under those agreements;and Sec. 10708. Rail cost adjustment factor (B) possible ways to alleviate or end an anticompeti- (a) The Board shall,as often as practicable, but in no event tive feature, effect,or aspect in a manner that will further the less often than quarterly, publish a rail cost adjustment factor goals of this part and of the transportation policy of sec ion which shall be a fraction,the numerator of which is the ;atest 10101 of this title. 8 PART A — RAIL Chapter 107 — Rates published Index of Railroad Costs (which index shall be com- (i) by a shipper on the grounds that such piled or verified by the Board,with appropriate adjustments to shipper individually will be harmed because the proposed con- reflect the change in composition of railroad costs, including the tract unduly impairs the ability of the contracting rail carrier or quality and mix of material and labor) and the denominator of carriers to meet their common carrier obligations to the com- which is the same index for the fourth quarter of every fifth year, plainant under section 11101 of this title; or beginning with the fourth quarter of 1992. (ii) by a port only on the grounds that such (b) The rail cost adjustment factor published by the Board port individually will be harmed because the proposed contract under subsection (a)of this section shall take into account will result in unreasonable discrimination against such port. changes in railroad productivity. The Board shall also publish a (B) In addition to the grounds for a complaint similar index that does not take into account changes in railroad described in subparagraph (A)of this paragraph,a complaint productivity. may be filed by a shipper of agricultural commodities on the grounds that such shipper individually will be harmed because— Sec. 10709. Contracts (i) the rail carrier has unreasonably discrimi- (a) One or more rail carriers providing transportation subject nated by refusing to enter into a contract with such shipper for to the jurisdiction of the Board under this part may enter into a rates and services for the transportation of the same type of contract with one or more purchasers of rail services to provide commodity under similar conditions to the contract at issue, and specified services under specified rates and conditions. that shipper was ready,willing,and able to enter into such a (b) A party to a contract entered into under this section shall contract at a time essentially contemporaneous with the period have no duty in connection with services provided under such during which the contract at issue was offered; or contract other than those duties specified by the terms of the (ii) the proposed contract constitutes a contract. destructive competitive practice under this part. In making a (c) (1) A contract that is authorized by this section, and determination under clause (ii)of this subparagraph,the Board transportation under such contract, shall not be subject to this shall consider the difference between contract rates and part,and may not be subsequently challenged before the Board published single car rates. or in any court on the grounds that such contract violates a (C) For purposes of this paragraph,the term provision of this part. "unreasonable discrimination"has the same meaning as such (2) The exclusive remedy for any alleged breach of a term has under section 10741 of this title. contract entered into under this section shall be an action in an (3) (A) Within 30 days after the date a proceeding is appropriate State court or United States district court, unless the commenced under paragraph (1)of this subsection, or within parties otherwise agree. This section does not confer original such shorter time period after such date as the Board may jurisdiction on the district courts of the United States based on establish,the Board shall determine whether the contract that is section 1331 or 1337 of title 28, United States Code. the subject of such proceeding is in violation of this section. (d) (1) A summary of each contract for the transportation of (B) If the Board determines, on the basis of a com- agricultural products (including grain,as defined in section 3 of plaint filed under paragraph (2)(13)(i)of this subsection,that the the United States Grain Standards Act(7 U.S.C. 75) and prod- grounds for a complaint described in such paragraph have been ucts thereof)entered into under this section shall be filed with established with respect to a rail carrier,the Board shall, subject the Board,containing such nonconfidential information as the to the provisions of this section,order such rail carrier to provide Board prescribes. The Board shall publish special rules for such rates and service substantially similar to the contract at issue contracts in order to ensure that the essential terms of the con- with such differentials in terms and conditions as are justified by tract are available to the general public. the evidence. (2) Documents,papers,and records (and any copies (h) (1) Any rail carrier may, in accordance with the terms of thereof) relating to a contract described in subsection (a)shall this section,enter into contracts for the transportation of agricul- not be subject to the mandatory disclosure requirements of tural commodities (including forest products, but not including section 552 of title 5. wood pulp,wood chips, pulpwood or paper) involving the utiliza- (e) Any lawful contract between a rail carrier and one or tion of carrier owned or leased equipment not in excess of 40 more purchasers of rail service that was in effect on the effective percent of the capacity of such carrier's owned or leased equip- date of the Staggers Rail Act of 1980 shall be considered a ment by major car type (plain boxcars,covered hopper cars, contract authorized by this section. gondolas and open top hoppers,coal cars,bulkhead flatcars, pulpwood rackcars, and flatbed equipment,including TOFC/ (f) A rail carrier that enters into a contract as authorized by COFFC this section remains subject to the common carrier obligation set ) forth in section 11101,with respect to rail transportation not (2) The Board may,on request of a rail carrier or other provided under such a contract. party or on its own initiative,grant such relief from the limita- tions of paragraph (1) of this subsection as the Board considers (g) (1) No later than 30 days after the date of filing of a appropriate, if it appears that additional equipment may be made summary of a contract under this section,the Board may,on available without impairing the rail carrier's ability to meet its complaint, begin a proceeding to review such contract on the common carrier obligations under section 11101 of this title. grounds described in this subsection. (3) (A) This subsection shall cease to be effective after (2) (A) A complaint may be filed under this September 30, 1998. subsection— s ICC Termination Act of 1995 Public Law 104-88 (B) Before October 1, 1997, the National Grain Car delivering of passengers and property to and from, its respective Council and the Railroad-Shipper Transportation Advisory Council line and a connecting line of another rail carrier or of a water shall make recommendations to Congress on whether to extend carrier providing transportation subject to chapter 137. the effectiveness of or otherwise modify this subsection. Sec. 10743. Liability for payment of rates SUBCHAPTER II — SPECIAL CIRCUMSTANCES (a) (1) Liability for payment of rates for transportation for a shipment of property by a shipper or consignor to a consignee Sec. 10721. Government traffic other than the shipper or consignor, is determined under this sub- section when the transportation is provided by a rail carrier under A rail carrier providing transportation or service for the United this part. When the shipper or consignor instructs the rail carrier States Government may transport property or individuals for the transporting the property to deliver it to a consignee that is an United States Government without charge or at a rate reduced agent only, not having beneficial title to the property,the con- from the applicable commercial rate. Section 3709 of the signee is liable for rates billed at the time of delivery for which the Revised Statutes (41 U.S.C.5)does not apply when transporta- consignee is otherwise liable,but not for additional rates that may tion for the United States Government can be obtained from a rail be found to be due after delivery if the consignee gives written carrier lawfully operating in the area where the transportation notice to the delivering carrier before delivery of the property— would be provided. (A) of the agency and absence of beneficial title; and Sec. 10722. Car utilization (B) of the name and address of the beneficial owner of the property if it is reconsigned or diverted to a place other In order to encourage more efficient use of freight cars, not- than the place specified in the original bill of lading. withstanding any other provision of this part, rail carriers shall be (2) When the consignee is liable only for rates billed at permitted to establish premium charges for special services or the time of delivery under paragraph (1)of this subsection,the special levels of services not otherwise applicable to the move- shipper or consignor,or, if the property is reconsigned or ment. The Board shall facilitate development of such charges so diverted,the beneficial owner, is liable for those additional rates as to increase the utilization of equipment. regardless of the bill of lading or contract under which the prop- erty was transported. The beneficial owner is liable for all rates SUBCHAPTER III — LIMITATIONS when the property is reconsigned or diverted by an agent but is refused or abandoned at its ultimate destination if the agent gave the rail carrier in the reconsignment or diversion order a notice of Sec. 10741. Prohibitions against discrimination by agency and the name and address of the beneficial owner. A rail carriers consignee giving the rail carrier, and a reconsignor or diverter giving a rail carrier,erroneous information about the identity of the (a) (1) A rail carrier providing transportation or service beneficial owner of the property is liable for the additional rates. subject to the jurisdiction of the Board under this part may not subject a person, place, port,or type of traffic to unreasonable (b) Liability for payment of rates for transportation for a ship- discrimination. ment of property by a shipper or consignor, named in the bill of lading as consignee, is determined under this subsection when (2) For purposes of this section, a rail carrier engages in the transportation is provided by a rail carrier under this part unreasonable discrimination when it charges or receives from a when the shipper or consignor gives written notice, before person a different compensation for a service rendered, or to be delivery of the property,to the line-haul rail carrier that is to make rendered, in transportation the rail carrier may perform under this ultimate delivery— part than it charges or receives from another person for perform- ing a like and contemporaneous service in the transportation of a (1) to deliver the property to another party identified by like kind of traffic under substantially similar circumstances. the shipper or consignor as the beneficial owner of the property; and (b) This section shall not apply to— (2) that delivery is to be made to that party on payment (1) contracts described in section 10709 of this title; of all applicable transportation rates;that party is liable for the (2) rail rates applicable to different routes; or rates billed at the time of delivery and for additional rates that may (3) discrimination against the traffic of another carrier be found to be due after delivery if that party does not pay the providing transportation by any mode. rates required to be paid under paragraph (2)of this subsection on delivery. However, if the party gives written notice to the (c) Differences between rates,classifications, rules,and prac- delivering rail carrier before delivery that the party is not the bene- tices of rail carriers do not constitute a violation of this section if ficial owner of the property and gives the rail carrier the name and such differences result from different services provided by rail address of the beneficial owner,then the party is not liable for carriers. those additional rates. A shipper, consignor,or party to whom delivery is made that gives the delivering rail carrier erroneous Sec. 10742. Facilities for interchange of traffic information about the identity of the beneficial owner, is liable for A rail carrier providing transportation subject to the jurisdiction the additional rates regardless of the bill of lading or contract of the Board under this part shall provide reasonable, proper, and under which the property was transported. This subsection does equal facilities that are within its power to provide for the inter- not apply to a prepaid shipment of property. ;range of traffic between, and for the receiving,for.var ing, and 10 PART A — RAIL Chapter 109 — Licensing (c) (1) A rail carrier may bring an action to enforce liability j directed to transport property over a particular through route under subsection (a)of this section. That rail carrier must bring when— the action during the period provided in section 11705(a) of this (A) there are at least 2 through routes over which the title or by the end of the 6th month after final judgment against it property could be transported; in an action against the consignee,or the beneficial owner named by the consignee or agent, under that section. (B) a through rate has been established for transpor- tation over each of those through routes;and (2) A rail carrier may bring an action to enforce liability under subsection (b)of this section. That carrier must bring the (C) the rail carrier is a party to those routes and action during the period provided in section 11705(a)of this title rates. or by the end of the 6th month after final judgment against it in an (2) A rail carrier directed to route property transported action against the shipper,consignor,or other party under that under paragraph (1) of this subsection must issue a through bill section. of lading containing the routing instructions and transport the property according to the instructions. When the property is Sec. 10744. Continuous carriage of freight delivered to a connecting rail carrier,that rail carrier must also receive and transport it according to the routing instructions and A rail carrier providing transportation or service subject to the deliver it to the next succeeding rail carrier or consignee accord- jurisdiction of the Board under this part may not enter a combina- ing to the instructions. tion or arrangement to prevent the carnage of freight from being continuous from the place of shipment to the place of destination (b) The Board may prescribe exceptions to the authority of a whether by change of time schedule, carriage in different cars,or person tdirect the movement of traffic under subsection (a)of by other means. The carriage of freight by those rail carriers is this section. considered to be a continuous carriage from the place of ship- ment to the place of destination when a break of bulk,stoppage, CHAPTER 109 — LICENSING or interruption is not made in good faith for a necessary purpose, and with the intent of avoiding or unnecessarily interrupting the Sec. 10901. Authorizing construction and operation of railroad continuous carriage or of evading this part. lines. Sec. 10902. Short line purchases by Class II and Class III rail Sec. 10745. Transportation services or facilities carriers. furnished by shipper Sec. 10903. Filing and procedure for application to abandon or A rail carrier providing transportation or service subject to the discontinue. jurisdiction of the Board under this part may establish a charge or Sec. 10904. Offers of financial assistance to avoid allowance for transportation or service for property when the abandonment and discontinuance. owner of the property,directly or indirectly,furnishes a service Sec. 10905. Offering abandoned rail properties for sale for related to or an instrumentality used in the transportation or ser- public purposes. vice.The Board may prescribe the maximum reasonable charge or allowance a rail carrier subject to its jurisdiction may pay fora Sec. 10906. Exception. service or instrumentality furnished under this section. The Board Sec. 10907. Railroad development. may begin a proceeding under this section on its own initiative or on application. Sec. 10901. Authorizing construction and operation of railroad lines Sec. 10746. Demurrage charges (a) A person may— A rail carrier providing transportation subject to the jurisdiction of the Board under this part shall compute demurrage charges, (1) construct an extension to any of its railroad lines; and establish rules related to those charges, in a way that fulfills (2) construct an additional railroad line; the national needs related to— (3) provide transportation over, or by means of, an (1) freight car use and distribution; and extended or additional railroad line;or (2) maintenance of an adequate supply of freight cars to (4) in the case of a person other than a rail carrier, be available for transportation of property. acquire a railroad line or acquire or operate an extended or additional railroad line, only if the Board issues a certificate Sec. 10747. Designation of certain routes by authorizing such activity under subsection (c). shippers (b) A proceeding to grant authority under subsection (a)of this section begins when an application is filed. On receiving the (a) (1) When a person delivers property to a rail carrier for application,the Board shall give reasonable public notice, includ- transportation subject to the jurisdiction of the Board under this ing notice to the Governor of any affected State,of the beginning part,the person may direct the rail carrier to transport the prop- of such proceeding. erty over an established through route. When competing rail lines (c) The Board shall issue a certificate authorizing activities for constitute a part of the route,the person shipping the property may designate the lines over which the property will be trans- which such authority is requested in an application filed under ported. The tl?signation must be in writing. A rail carrier may be subsection (b) unless the Board finds that such activities are inconsistent-.pith the public convenience and necessity. Such 11 ICC Termination Act of 1995 Public Law 104-88 certificate may approve the application as filed,or with modifica- Sec. 10903. Filing and procedure for application to tions,and may require compliance with conditions (other than abandon or discontinue labor protection conditions)the Board finds necessary in the public interest. (a) (1) A rail carrier providing transportation subject to the (d) (1) When a certificate has been issued by the Board jurisdiction of the Board under this part who intends to— under this section authorizing the construction or extension of a (A) abandon any part of its railroad lines;or railroad line, no other rail carrier may block any construction or (B) discontinue the operation of all rail transportation extension authorized by such certificate by refusing to permit the over any part of its railroad lines, must file an application relating carrier to cross its property if— thereto with the Board. An abandonment or discontinuance may (A) the construction does not unreasonably interfere be carried out only as authorized under this chapter. with the operation of the crossed line; (2) When a rail carrier providing transportation subject to (B) the operation does not materially interfere with the jurisdiction of the Board under this part files an application, the operation of the crossed line;and the application shall include— (C) the owner of the crossing line compensates the (A) an accurate and understandable summary of the owner of the crossed line. rail carrier's reasons for the proposed abandonment or discon- (2) If the parties are unable to agree on the terms of tinuance-, operation or the amount of payment for purposes of paragraph (B) a statement indicating that each interested person (1)of this subsection,either party may submit the matters in is entitled to make recommendations to the Board on the future of dispute to the Board for determination. The Board shall make a the rail line;and determination under this paragraph within 120 days after the (C) (i) a statement that the line is available for sub- dispute is submitted for determination. sidy or sale in accordance with section 10904 of this title, (ii) a statement that the rail carrier will promptly Sec. 10902. Short line purchases by Class II and provide to each interested party an estimate of the annual subsidy Class III rail carriers and minimum purchase price,calculated in accordance with (a) A Class II or Class III rail carrier providing transportation section 10904 of this title,and subject to the jurisdiction of the Board under this part may (iii) the name and business address of the acquire or operate an extended or additional rail line under this person who is authorized to discuss the subsidy or sale terms for section only if the Board issues a certificate authorizing such the rail carrier. activity under subsection (c). (3) The rail carrier shall— (b) A proceeding to grant authority under subsection (a) of (A) send by certified mail notice of the application to this section begins when an application is filed. On receiving the the chief executive officer of each State that would be directly application,the Board shall give reasonable public notice of the affected by the proposed abandonment or discontinuance; beginning of such proceeding. (B) post a copy of the notice in each terminal and (c) The Board shall issue a certificate authorizing activities for station on each portion of a railroad line proposed to be aban- which such authority is requested in an application filed under doned or over which all transportation is to be discontinued; subsection (b) unless the Board finds that such activities are inconsistent with the public convenience and necessity. Such (C) publish a copy of the notice for 3 consecutive certificate may approve the application as filed,or with modifica- weeks in a newspaper of general circulation in each county in tions,and may require compliance with conditions (other than which each such portion is located; labor protection conditions)the Board finds necessary in the (D) mail a copy of the notice,to the extent practi- public interest. cable,to all shippers that have made significant use (as desig- (d) The Board shall require any Class II rail carrier which nated by the Board)of the railroad line during the 12 months receives a certificate under subsection (c)of this section to pro- preceding the filing of the application;and vide a fair and equitable arrangement for the protection of the (E) attach to the application filed with the Board an interests of employees who may be affected thereby. The affidavit certifying the manner in which subparagraphs (A) arrangement shall consist exclusively of one year of severance through(D)of this paragraph have been satisfied,and certifying pay,which shall not exceed the amount of earnings from railroad that subparagraphs (A)through (D) have been satisfied within the employment of the employee during the 12-month period immedi- most recent 30 days prior to the date the application is filed. ately preceding the date on which the application for such certifi- (b) (1) Except as provided in subsection (d), abandonment cate is filed with the Board. The amount of such severance pay and discontinuance may occur as provided in section 10904. shall be reduced by the amount of earnings from railroad employ ment of the employee with the acquiring carrier during the 12- (2) The Board shall require as a condition of any aban- month period immediately following the effective date of the donment or discontinuance under this section provisions to pro- transaction to which the certificate applies.The parties may agree tect the interests of employees. The provisions shall be at least to terms other than as provided in this subsection. The Board as beneficial to those interests as the provisions established shall not require such an arrangement from a Class III rail carrier under sections 11326(a)and 24706(c)of this title. which receives a certificate tinder subsection (c)of this section. (c) (1) In this subsection,the term"potentially subject to abandonment' has the meaning given the term in regulations of 12 PART A — RAIL Chapter 109— Licensing the Board. The regulations may include standards that vary by (B) if a rail carrier is in reorganization,the mean cost region of the United States and by railroad or group of railroads. of capital of rail carriers not in reorganization,as determined by (2) Each rail carrier shall maintain a complete diagram of the Board. the transportation system operated, directly or indirectly, by the (b) Any rail carrier which has filed an application for aban- rail carrier. The rail carrier shall submit to the Board and publish donment or discontinuance shall provide promptly to a party con- amendments to its diagram that are necessary to maintain the sidering an offer of financial assistance and shall provide accuracy of the diagram. The diagram shall— concurrently to the Board— (A) include a detailed description of each of its rail- (1) an estimate of the annual subsidy and minimum road lines potentially subject to abandonment; and purchase price required to keep the line or a portion of the line in (B) identify each railroad line for which the rail carrier operation; plans to file an application to abandon or discontinue under sub- (2) its most recent reports on the physical condition of section (a) of this section. that part of the railroad line involved in the proposed abandon- (d) A rail carrier providing transportation subject to the juris- ment or discontinuance; diction of the Board under this part may— (3) traffic, revenue,and other data necessary to deter- (1) abandon any part of its railroad lines;or mine the amount of annual financial assistance which would be required to continue rail transportation over that part of the rail- (2) discontinue the operation of all rail transportation over road line;and any part of its railroad lines;only if the Board finds that the pres- (4) any other information that the Board considers neces- ent or future public convenience and necessity require or permit sary to allow a potential offeror to calculate an adequate subsidy the abandonment or discontinuance. In making the finding,the Board shall consider whether the abandonment or discontinuance or purchase offer. will have a serious,adverse impact on rural and community (c) Within 4 months after an application is filed under section development. 10903,any person may offer to subsidize or purchase the rail- (e) Subject to this section and sections 10904 and 10905 of road line that is the subject of such application. Such offer shall this title, if the Board— be filed concurrently with the Board. If the offer to subsidize or purchase is less than the carrier's estimate stated pursuant to (1) finds public convenience and necessity, it shall— subsection(b)(1),the offer shall explain the basis of the disparity, (A) approve the application as filed;or and the manner in which the offer is calculated. (B) approve the application with modifications and (d) (1) Unless the Board,within 15 days after the expiration require compliance with conditions that the Board finds are of the 4-month period described in subsection (c),finds that one required by public convenience and necessity;or or more financially responsible persons (including a governmental (2) fails to find public convenience and necessity, it shall authority) have offered financial assistance regarding that part of deny the application. the railroad line to be abandoned or over which all rail transporta- tion is to be discontinued, abandonment or discontinuance may Sec. 10904. Offers of financial assistance to avoid be carried out in accordance with section 10903. abandonment and discontinuance (2) If the Board finds that such an offer or offers of finan- cial assistance has been made within such period,abandonment (a) In this section— or discontinuance shall be postponed until— (1) the term avoidable cost,means all expenses that (A) the carrier and a financially responsible person would be incurred by a rail carrier in providing transportation that have reached agreement on a transaction for subsidy or sale of would not be incurred if the railroad line over which the transpor- the line;or tation was provided were abandoned or if the transportation were (B) the conditions and amount of compensation are discontinued. Expenses include cash inflows foregone and cash established under subsection(f). outflows incurred by the rail carrier as a result of not abandoning or discontinuing the transportation. Cash inflows foregone and (e) Except as provided in subsection (f)(3), if the rail carrier cash outflows incurred include— and a financially responsible person (including a governmental authority)fail to agree on the amount or terms of the subsidy or (A) working capital and required capital expenditure; purchase,either party may,within 30 days after the offer is made, (B) expenditures to eliminate deferred maintenance; request that the Board establish the conditions and amount of (C) the current cost of freight cars, locomotives, and compensation. other equipment;and (f) (1) Whenever the Board is requested to establish the con- (D) the foregone tax benefits from not retiring prop- ditions and amount of compensation under this section— erties from rail service and other effects of applicable Federal and (A) the Board shall render its decision within 30 State income taxes;and days; (2) the term-reasonable return"means— (B) for proposed sales,the Board shall determine the (A) if a rail carrier is not in reorganization,the cost of price and other terms of sale,except that in no case shall the capital to the rail carrier,as determined by the Board;and Board set a price which is below the fair market value of the line (including,unless otherwise mutually agreed,all facilities on the 13 ICC Termination Act of 1995 Public Law 104-88 line or portion necessary to provide effective transportation such disposal for a period of not more than 180 days after the services);and effective date of the order, unless the properties have first been (C) for proposed subsidies,the Board shall establish offered,on reasonable terms,for sale for public purposes. the compensation as the difference between the revenues attribut- able to that part of the railroad line and the avoidable cost of pro- Sec. 10906. Exception viding rail freight transportation on the line, plus a reasonable Notwithstanding section 10901 and subchapter II of chap- return on the value of the line. ter 113 of this title, and without the approval of the Board,a rail (2) The decision of the Board shall be binding on both carrier providing transportation subject to the jurisdiction of the parties, except that the person who has offered to subsidize or Board under this part may enter into arrangements for the joint purchase the line may withdraw his offer within 10 days of the ownership or joint use of spur, industrial,team,switching, or side Board's decision. In such a case,the abandonment or discon- tracks. The Board does not have authority under this chapter over tinuance may be carried out immediately, unless other offers are construction,acquisition,operation,abandonment, or discontinu- being considered pursuant to paragraph (3)of this subsection. ance of spur, industrial,team, switching,or side tracks. (3) If a rail carrier receives more than one offer to subsi- dize or purchase, it shall select the offeror with whom it wishes to Sec. 10907. Railroad development transact business,and complete the subsidy or sale agreement, (a) In this section,the term financially responsible person, or request that the Board establish the conditions and amount of means a person who— compensation before the 40th day after the expiration of the 4- month period described in subsection (c). If no agreement on (1) is capable of paying the constitutional minimum value subsidy or sale is reached within such 40-day period and the of the railroad line proposed to be acquired;and Board has not been requested to establish the conditions and (2) is able to assure that adequate transportation will be amount of compensation, any other offeror whose offer was provided over such line for a period of not less than 3 years. made within the 4-month period described in subsection (c) may Such term includes a governmental authority but does not include request that the Board establish the conditions and amount of a Class I or Class II rail carrier. compensation.if the Board has established the conditions and (b) (1) When the Board finds that— amount of compensation,and the original offer has been with- drawn, any other offeror whose offer was made within the 4- (A) (i) the public convenience and necessity require month period described in subsection(c) may accept the Board's or permit the sale of a particular railroad line under this section; decision within 20 days after such decision, and the Board shall or require the carrier to enter into a subsidy or sale agreement with (ii) a railroad line is on a system diagram map such offeror, if such subsidy or sale agreement incorporates the as required under section 10903 of this title, but the rail carrier Board's decision. owning such line has not filed an application to abandon such line (4) (A) No purchaser of a line or portion of line sold under section 10903 of this title before an application to purchase under this section may transfer or discontinue service on such such line,or any required preliminary filing with respect to such line prior to the end of the second year after consummation of the application,is filed under this section;and sale, nor may such purchaser transfer such line,except to the rail (B) an application to purchase such line has been carrier from whom it was purchased, prior to the end of the fifth filed by a financially responsible person,the Board shall require year after consummation of the sale. the rail carrier owning the railroad line to sell such line to such (B) No subsidy arrangement approved under this financially responsible person at a price not less than the consti- section shall remain in effect for more than one year, unless tutional minimum value. otherwise mutually agreed by the parties. (2) For purposes of this subsection,the constitutional (g) Upon abandonment of a railroad line under this chapter, minimum value of a particular railroad line shall be presumed to the obligation of the rail carrier abandoning the line to provide be not less than the net liquidation value of such line or the going transportation on that line as required by section 11101(a), is concern value of such line,whichever is greater. extinguished. (c) (1) For purposes of this section,the Board may deter- mine that the public convenience and necessity require or permit Sec. 10905. Offering abandoned rail properties for the sale of a railroad line if the Board determines,after a hearing sale for public purposes on the record,that— When the Board approves an application to abandon or dis- (A) the rail carrier operating such line refuses within continue under section 10903,the Board shall find whether the a reasonable time to make the necessary efforts to provide ade- rail properties that are involved in the proposed abandonment or quate service to shippers who transport traffic over such line; discontinuance are appropriate for use for public purposes, in- (B) the transportation over such line is inadequate for cluding highways,other forms of mass transportation,conserva- the majority of shippers who transport traffic over such line; tion, energy production or transmission, or recreation. If the (C) the sale of such line will not have a significantly Board finds that the rail properties proposed to be abandoned are adverse financial effect on the rail carrier operating such line; appropriate for public purposes and not required for continued rail (D) the sale of such line will not have an adverse operations,the properties may be sold,leased,exchanged,or effect on the overall operational performance of the rail carrier otherwise disposed of only under conditions provided in the order operating such line;and of the Board. The coF Jitions may irraude a prohibition on any 14 PART A — RAIL Chapter 111 — Operations (E) the sale of such line will be likely to result in CHAPTER 111 — OPERATIONS improved railroad transportation for shippers that transport traffic over such line. SUBCHAPTER I — GENERAL REQUIREMENTS (2) In a proceeding under this subsection,the burden of proving that the public convenience and necessity require or Sec. 11101. Common carrier transportation,service. and rates. permit the sale of a particular railroad line is on the person filing Sec. 11102. Use of terminal facilities. the application to acquire such line. If the Board finds under this Sec. 11103. Switch connections and tracks. subsection that the public convenience and necessity require or permit the sale of a particular railroad line,the Board shall con- currently notify the parties of such finding and publish such SUBCHAPTER II — CAR SERVICE finding in the Federal Register. Sec. 11121. Criteria. (d) In the case of any railroad line subject to sale under sub- section(a)of this section,the Board shall, upon the request of the Sec. 11122. Compensation and practice. acquiring carrier, require the selling carrier to provide to the Sec. 11123. Situations requiring immediate action to serve the acquiring carrier trackage rights to allow a reasonable interchange public. with the selling carrier or to move power equipment or empty Sec. 11124. War emergencies; embargoes imposed by carriers. tolling stock between noncontiguous feeder lines operated by the acquiring carrier. The Board shall require the acquiring carrier to provide the selling carrier reasonable compensation for any such SUBCHAPTER III — REPORTS AND RECORDS trackage rights. Sec. 11141. Definitions. (e) The Board shall require,to the maximum extent practic- able,the use of the employees who would normally have per- Sec. 11142. Unrform accounting system. formed work in connection with a railroad line subject to a sale Sec. 11143. Depreciation charges. under this section. Sec. 11144. Records:form; inspection; preservation. (f) In the case of a railroad line which carried less than Sec. 11145. Reports by rail carriers,lessors,and associations. 3,000,000 gross ton miles of traffic per mile in the preceding calendar year,whenever a purchasing carrier under this section petitions the Board for joint rates applicable to traffic moving over SUBCHAPTER IV— RAILROAD COST ACCOUNTING through routes in which the purchasing carrier may practicably participate,the Board shall,within 30 days after the date such Sec. 11161. Implementation of cost accounting principles. petition is filed and pursuant to section 10705(a)of this title, Sec. 11162. Rail carrier cost accounting system. require the establishment of reasonable joint rates and divisions Sec. 11163. Cost availability. over such route. (g) (1) Any person operating a railroad line acquired under Sec. 11164. Accounting and cost reporting. this section may elect to be exempt from any of the provisions of this part,except that such a person may not be exempt from the SUBCHAPTER I — GENERAL REQUIREMENTS provisions of chapter 107 of this title with respect to transporta- tion under a joint rate. Sec. 11101. Common carrier transportation, (2) The provisions of paragraph (1)of this subsection service, and rates shall apply to any line of railroad which was abandoned during the 18-month period immediately prior to October 1, 1980,and was (a) A rail carrier providing transportation or service subject to subsequently purchased by a financially responsible person. the jurisdiction of the Board under this part shall provide the (h) If a purchasing carrier under this section proposes to sell transportation or service on reasonable request. A rail carrier or abandon all or any portion of a purchased railroad line, such shall not be found to have violated this section because it fulfills purchasing carrier shall offer the right of first refusal with respect its reasonable commitments under contracts authorized under to such line or portion thereof to the carrier which sold such line section 10709 of this title before responding to reasonable under this section. Such offer shall be made at a price equal to requests for service. Commitments which deprive a carrier of its the sum of the price paid by such purchasing carrier to such ability to respond to reasonable requests for common carrier selling carrier for such line or portion thereof and the fair market service are not reasonable. value (less deterioration) of any improvements made,as adjusted (b) A rail carrier shall also provide to any person,on request, to reflect inflation. the carrier's rates and other service terms. The response by a (i) Any person operating a railroad line acquired under this rail carrier to a request for the carrier's rates and other service section may determine preconditions, such as payment of a sub- terms shall be— sidy, which must be met by shippers in order to obtain service (1) in writing and forwarded to the requesting person over such lines, but such operator must notify the shippers on the promptly after receipt of the request, or line of its intention to impose such preconditions. (2) promptly made available in electronic form. (c) A rail carrier may not increase any common carrier rates or change any common carrier service terms unless 20 days 15 ICC Termination Act of 1995 Public Law 104-88 have expired after written or electronic notice is provided to any (2) The Board may require reciprocal switching agree- person who,within the previous 12 months— ments entered into by rail carriers pursuant to this subsection to (1) has requested such rates or terms under sub- contain provisions for the protection of the interests of employees section (b);or affected thereby. (2) has made arrangements with the carrier for a ship- (d) The Board shall complete any proceeding under sub- ment that would be subject to such increased rates or changed section (a)or(b)within 180 days after the filing of the request for terms. relief. (d) With respect to transportation of agricultural products, in Sec. 11103. Switch connections and tracks addition to the requirements of subsections (a), (b),and (c), a rail carrier shall publish, make available,and retain for public inspec- (a) On application of the owner of a lateral branch line of rail- tion its common carrier rates,schedules of rates,and other ser- road,or of a shipper tendering interstate traffic for transportation, vice terms,and any proposed and actual changes to such rates a rail carrier providing transportation subject to the jurisdiction of and service terms. For purposes of this subsection, agricultural the Board under this part shall construct, maintain, and operate, products shall include grain as defined in section 3 of the United on reasonable conditions,a switch connection to connect that States Grain Standards Act(7 U.S.C. 75) and all products thereof, branch line or private side track with its railroad and shall furnish and fertilizer. cars to move that traffic to the best of its ability without discrimi- (e) A rail carrier shall provide transportation or service in nation in favor of or against the shipper when the connection— accordance with the rates and service terms,and any changes (1) is reasonably practicable, thereto,as published or otherwise made available under sub- (2) can be made safely; and section (b), (c),or(d). (3) will furnish sufficient business to justify its construc- (f) The Board shall, by regulation,establish rules to imple- tion and maintenance. ment this section. The regulations shall provide for immediate disclosure and dissemination of rates and service terms,includ- (b) If a rail carrier fails to install and operate a switch connec- ing classifications, rules,and practices, and their effective dates. tion after application is made under subsection (a)of this section, Final regulations shall be adopted by the Board not later than 180 the owner of the lateral branch line of railroad or the shipper may days after the effective date of the IN Termination Act of 1995. file a complaint with the Board under section 11701 of this title. The Board shall investigate the complaint and decide the safety, Sec. 11102. Use of terminal facilities practicability,justification,and compensation to be paid for the connection. The Board may direct the rail carrier to comply with (a) The Board may require terminal facilities, including main- subsection (a)of this section only after a full hearing. line tracks for a reasonable distance outside of a terminal,owned by a rail carrier providing transportation subject to the jurisdiction SUBCHAPTER II — CAR SERVICE of the Board under this part,to be used by another rail carrier if the Board finds that use to be practicable and in the public interest without substantially impairing the ability of the rail carrier owning Sec. 11121. Criteria the facilities or entitled to use the facilities to handle its own business. The rail carriers are responsible for establishing the (a) (1) A rail carrier providing transportation subject to the conditions and compensation for use of the facilities. However, if jurisdiction of the Board under this part shall furnish safe and the rail carriers cannot agree,the Board may establish conditions adequate car service and establish,observe,and enforce reason- and compensation for use of the facilities under the principle con- able rules and practices on car service. The Board may require a trolling compensation in condemnation proceedings. The com- rail carrier to provide facilities and equipment that are reasonably pensation shall be paid or adequately secured before a rail carrier necessary to furnish safe and adequate car service if the Board may begin to use the facilities of another rail carrier under this decides that the rail carrier has materially failed to furnish that section. service. The Board may begin a proceeding under this paragraph when an interested person files an application with it. The Board (b) A rail carrier whose terminal facilities are required to be may act only after a hearing on the record and an affirmative used by another rail carrier under this section is entitled to finding, based on the evidence presented,that— recover damages from the other rail carrier for injuries sustained as the result of compliance with the requirement or for compen- (A) providing the facilities or equipment will not sation for the use,or both as appropriate, in a civil action, if it is materially and adversely affect the ability of the rail carrier to not satisfied with the conditions for use of the facilities or if the provide safe and adequate transportation; amount of the compensation is not paid promptly. (B) the amount spent for the facilities or equipment, (c) (1) The Board may require rail carriers to enter into recip- including a return equal to the rail carrier's current cost of capital, rocal switching agreements,where it finds such agreements to be will be recovered; and practicable and in the public interest,or where such agreements (C) providing the facilities or equipment will not are necessary to provide competitive rail service. The rail carriers impair the ability of the rail carrier to attract adequate capital. entering into such an agreement shall establish the conditions and (2) The Board may require a rail carrier to file its car compensation applicable to such agreement, but, if the rail car- service rules with the Board. riers cannot agree upon such conditions and compensation within a reasonable period of time,the Board may establish such condi- tions and compensation. 16 PART A — RAIL Chapter 111 — Operations (b) The Board may designate and appoint agents and agen- equipment,required under this section.when rail carriers do not cies to make and carry out its directions related to car service agree on the terms of compensation under this section,the Board and matters under sections 11123 and 11124(a)(1)of this title. may establish the terms for them. The Board may act under sub- (c) The Board shall consult,as it considers necessary,with section (a) before conducting a proceeding under this paragraph. the National Grain Car Council on matters within the charter of (3) When a rail carrier is directed under this section to that body. operate the lines of another rail carrier due to that carrier's cessa- tion of operations,compensation for the directed operations shall Sec. 11122. Compensation and practice derive only from revenues generated by the directed operations. (a) The regulations of the Board on car service shall encour- (c) (1) The Board may extend any action taken under sub- age the purchase, acquisition, and efficient use of freight cars. section (a)of this section beyond 30 days if the Board finds that a The regulations may include— transportation emergency described in subsection (a) continues to exist. Action by the Board under subsection(a)of this section (1) the compensation to be paid for the use of a may not remain in effect for more than 240 days beyond the initial locomotive,freight car,or other vehicle; 30-day period. (2) the other terms of any arrangement for the use by a (2) The Board may not take action under this section that rail carrier of a locomotive,freight car,or other vehicle not owned would— by the rail carrier using the locomotive,freight car,or other vehicle, whether or not owned by another carrier,shipper, or third (A) cause a rail carrier to operate in violation of this person; and part;or (3) sanctions for nonobservance. (B) impair substantially the ability of a rail carrier to serve its own customers adequately,or to fulfill its common (b) The rate of compensation to be paid for each type of carrier obligations. freight car shall be determined by the expense of owning and maintaining that type of freight car, including a fair return on its (3) A rail carrier directed by the Board to take action cost giving consideration to current costs of capital, repairs, under this section is not responsible, as a result of that action,for materials, parts,and labor. In determining the rate of compensa debts of any other rail carrier. tion,the Board shall consider the transportation use of each type (d) In carrying out this section,the Board shall require,to the of freight car,the national level of ownership of each type of maximum extent practicable,the use of employees who would freight car, and other factors that affect the adequacy of the normally have performed work in connection with the traffic national freight car supply. subject to the action of the Board. Sec. 11123. Situations requiring immediate action Sec. 11124. War emergencies; embargoes imposed to serve the public by carriers (a) When the Board determines that shortage of equipment, (a) (1) When the President,during time of war or threatened congestion of traffic, unauthorized cessation of operations,or war, notifies the Board that it is essential to the defense and other failure of traffic movement exists which creates an emer- security of the United States to give preference or priority to the gency situation of such magnitude as to have substantial adverse movement of certain traffic,the Board shall direct that preference effects on shippers,or on rail service in a region of the United or priority be given to that traffic. States,or that a rail carrier providing transportation subject to the (2) When the President,during time of war or threatened jurisdiction of the Board under this part cannot transport the war,demands that preference and precedence be given to the traffic offered to it in a manner that properly serves the public,the transportation of troops and material of war over all other traffic, Board may,to promote commerce and service to the public,for a all rail carriers providing transportation subject to the jurisdiction period not to exceed 30 days— of the Board under this part shall adopt every means within their (1) direct the handling, routing,and movement of the control to facilitate and expedite the military traffic. traffic of a rail carrier and its distribution over its own or other (b) An embargo imposed by any such rail carrier does not railroad lines; apply to shipments consigned to agents of the United States (2) require joint or common use of railroad facilities; Government for its use. The rail carrier shall deliver those ship- (3) prescribe temporary through routes;or ments as promptly as possible. (4) give directions for— (A) preference or priority in transportation; SUBCHAPTER III — REPORTS AND RECORDS (B) embargoes;or Sec. 11141. Definitions (C) movement of traffic under permits. (b) (1) Except with respect to proceedings under para- In this subchapter— graph (2)of this subsection,the Board may act under this section (1) the terms "rail carrier"and "lessor"include a receiver on its own initiative or on application without regard to subchapter or trustee of a rail carrier and lessor, respectively; II of chapter 5 of title 5. (2) the term"lessor" means a person owning a railroad (2) Rail carriers may establish between themselves the that is leased to and operated by a carrier providing transportation -erms of compensation for operations, and use of f,cili ies and subject to the jurisdiction of the Board under this part and 17 ICC Termination Act of 1995 Public Law 104-88 (3) the term"association"means an organization main- Sec. 11145. Reports by rail carriers, lessors, and tained by or in the interest of a group of rail carriers providing associations transportation or service subject to the jurisdiction of the Board under this part that performs a service,or engages in activities, (a) The Board may require— related to transportation under this part. (1) rail carriers, lessors, and associations,or classes of them as the Board may prescribe,to file annual, periodic,and Sec. 11142. Uniform accounting system special reports with the Board containing answers to questions The Board may prescribe a uniform accounting system for asked by it; and classes of rail carriers providing transportation subject to the (2) a person furnishing cars to a rail carrier to file reports jurisdiction of the Board under this part. To the maximum extent with the Board containing answers to questions about those cars. practicable,the Board shall conform such system to generally (b) (1) An annual report shall contain an account, in as accepted accounting principles,and shall administer this sub- much detail as the Board may require,of the affairs of the rail chapter in accordance with such principles. carrier,lessor,or association for the 12-month period ending on December 31 of each year. Sec. 11143. Depreciation charges (2) An annual report shall be filed with the Board by the The Board shall,for a class of rail carriers providing transpor- end of the third month after the end of the year for which the tation subject to its jurisdiction under this part, prescribe,and report is made unless the Board extends the filing date or change when necessary,those classes of property for which changes the period covered by the report. The annual report depreciation charges may be included under operating expenses and, if the Board requires,any other report made under this and a rate of depreciation that may be charged to a class of prop- section,shall be made under oath. erty. The Board may classify those rail carriers for purposes of this section. A rail carrier for whom depreciation charges and SUBCHAPTER IV— RAILROAD COST ACCOUNTING rates of depreciation are in effect under this section for any class of property may not— (1) charge to operating expenses a depreciation charge Sec. 11161. Implementation of cost accounting on a class of property other than that prescribed by the Board; principles (2) charge another rate of depreciation;or The Board shall periodically review its cost accounting rules (3) include other depreciation charges in operating and shall make such changes in those rules as are required to expenses. achieve the regulatory purposes of this part. The Board shall insure that the rules promulgated under this section are the most Sec. 11144. Records: form; Inspection; efficient and least burdensome means by which the required preservation information may be developed for regulatory purposes. To the maximum extent practicable,the Board shall conform such rules (a) The Board may prescribe the form of records required to to generally accepted accounting principles. be prepared or compiled under this subchapter— (1) by rail carriers and lessors, including records related Sec. 11162. Rail carrier cost accounting system to movement of traffic and receipts and expenditures of money; (a) Each rail carrier shall have and maintain a cost accounting and system that is in compliance with the rules promulgated by the (2) by persons furnishing cars to or for a rail carrier pro- Board under section 11161 of this title. A rail carrier may,after viding transportation subject to the jurisdiction of the Board under notifying the Board, make modifications in such system unless, this part to the extent related to those cars or that service. within 60 days after the date of notification,the Board finds such (b) The Board, or an employee designated by the Board, may modifications to be inconsistent with the rules promulgated by on demand and display of proper credentials— the Board under section 11161 of this title. (1) inspect and examine the lands, buildings,and equip- (b) For purposes of determining whether the cost accounting ment of a rail carrier or lessor; and system of a rail carrier is in compliance with the rules promul- gated by the Board,the Board shall have the right to examine and (2) inspect and copy any record of— make copies of any documents, papers,or records of such rail (A) a rail carrier, lessor,or association; carrier relating to compliance with such rules. Such documents, (B) a person controlling,controlled by, or under papers,and records (and any copies thereof)shall not be subject common control with a rail carrier if the Board considers inspec- to the mandatory disclosure requirements of section 552 of tion relevant to that person's relation to,or transaction with,that title 5. rail carrier; and Sec. 11163. Cost availability (C) a person furnishing cars to or for a rail carrier if the Board prescribed the form of that record. As required by the rules of the Board governing discovery in (c) The Board may prescribe the time period during which Board proceedings, rail carriers shall make relevant cost data operating,accounting, and financial records must be preserved available to shippers,States, ports,communities,and other by rail carriers, lessors, r.nd persons furnishing cars. interested parties that are a party to a Board proceeding in which such data are required. 18 PUT A — RAIL Chapter 113 — Finance Sec. 11164. Accounting and cost reporting have to be filed,deposited,registered,or recorded under another law of the United States, a State (or its political subdivisions),or To obtain expense and revenue information for regulatory territory or possession of the United States,related to filing, purposes,the Board may promulgate reasonable rules for rail car- deposit, registration,or recordation of those documents. This riers providing transportation subject to the jurisdiction of the section does not change chapter 313 of title 46. Board under this part,prescribing expense and revenue account ing and reporting requirements consistent with generally accepted (b) The Board shall maintain a system for recording each document filed under subsection (a) of this section and mark accounting principles uniformly applied to such carriers. Such requirements shall be cost effective and compatible with and not each of them with a consecutive number and the date and hour of the managerial and responsibility accounting their recordation. The Board shall maintain and keep open for duplicative of requirements the those carriers. public inspection an index of documents filed under that sub- section. That index shall include the name and address of the principal debtors,trustees,guarantors, and other parties to those CHAPTER 113 — FINANCE documents and may include other facts that will assist in deter- mining the rights of the parties to those transactions. SUBCHAPTER I — EQUIPMENT TRUSTS AND (c) The Board may to the greatest extent practicable perform SECURITY INTERESTS its functions under this section through contracts with private sector entities. Sec. 11301. Equipment trusts: recordation;evidence of indebtedness. (d) A mortgage,lease,equipment trust agreement,conditional sales agreement,or other instrument evidencing the mortgage, lease,conditional sale, or bailment of or security interest in SUBCHAPTER II —COMBINATIONS vessels,railroad cars, locomotives,or other rolling stock, or accessories used on such railroad cars, locomotives,or other Sec. 11321 Scope of authority. rolling stock(including superstructures and racks),or any assign- Sec. 11322. Limitation on pooling and division of transportation ment thereof,which— or earnings. (1) is duly constituted under the laws of a country other Sec. 11323. Consolidation, merger,and acquisition of control. than the United States;and Sec. 11324. Consolidation, merger, and acquisition of control: (2) relates to property that bears the reporting marks and conditions of approval. identification numbers of any person domiciled in or corporation Sec. 11325. Consolidation, merger,and acquisition of control: organized under the laws of such country,shall be recognized procedure. with the same effect as having been filed under this section. Sec. 11326. Employee protective arrangements in transactions (e) Interests with respect to which documents are filed or involving rail carriers. recognized under this section are deemed perfected in all juris- dictions,and shall be governed by applicable State or foreign law Sec. 11327. Supplemental orders. in all matters not specifically governed by this section. Sec. 11328. Restrictions on officers and directors. (f) The Board shall collect, maintain,and keep open for public inspection a railway equipment register consistent with the SUBCHAPTER I — EQUIPMENT TRUSTS AND manner and format maintained by the Interstate Commerce Com- SECURITY INTERESTS mission as of the effective date of the ICC Termination Act of 1995. Sec. 11301. Equipment trusts: recordation; SUBCHAPTER II — COMBINATIONS evidence of indebtedness (a) A mortgage (other than a mortgage under chapter 313 of Sec. 11321. Scope of authority title 46), lease,equipment trust agreement, conditional sales agreement,or other instrument evidencing the mortgage, lease, (a) The authority of the Board under this subchapter is exclu- conditional sale, or bailment of or security interest in vessels, sive. A rail carrier or corporation participating in or resulting from railroad cars, locomotives,or other rolling stock,or accessories a transaction approved by or exempted by the Board under this used on such railroad cars, locomotives, or other rolling stock subchapter may carry out the transaction,own and operate prop- (including superstructures and racks), intended for a use related erty,and exercise control or franchises acquired through the to interstate commerce shall be filed with the Board in order to transaction without the approval of a State authority. A rail carrier, perfect the security interest that is the subject of such instrument. corporation,or person participating in that approved or exempted An assignment of a right or interest under one of those instru- transaction is exempt from the antitrust laws and from all other ments and an amendment to that instrument or assignment in- law,including State and municipal law,as necessary to let that cluding a release,discharge,or satisfaction of any part of it shall rail carrier,corporation,or person carry out the transaction, hold, also be filed with the Board. The instrument,assignment,or maintain,and operate property,and exercise control or franchises amendment must be in writing,executed by the parties to it,and acquired through the transaction. However, if a purchase and acknowledged or verified under Board regulations. When filed sale, a lease,or a corporate consolidation or merger is involved in under this section,that document is notice to,and enforceable the transaction,the carrier or corporation may carry out the trans- against,all persons. A document filed u der this section does not action only with the asset:of a majority or the number required 19 ICC Termination Act of 1995 Public Law 104-88 under applicable State law,of the votes of the holders of the carriers, regardless of how that result is reached,only with the capital stock of that corporation entitled to vote. The vote must approval and authorization of the Board under this subchapter. In occur at a regular meeting, or special meeting called for that addition to other transactions,each of the following transactions purpose,of those stockholders and the notice of the meeting are considered achievements of control or management: must indicate its purpose. (1) A transaction by a rail carrier that has the effect of (b) A power granted under this subchapter to a carrier or putting that rail carrier and person affiliated with it,taken together, corporation is in addition to and changes its powers under its in control of another rail carrier. corporate charter and under State law. Action under this sub- (2) A transaction by a person affiliated with a rail carrier chapter does not establish or provide for establishing a corpora- that has the effect of putting that rail carrier and persons affiliated tion under the laws of the United States. with it,taken together,in control of another rail carrier. Sec. 11322. Limitation on pooling and division of (3) A transaction by at least 2 persons acting together (one of whom is a rail carrier or is affiliated with a rail carrier)that transportation or earnings has the effect of putting those persons and rail carriers and (a) A rail carrier providing transportation subject to the juris- persons affiliated with any of them,or with any of those affiliated diction of the Board under this part may not agree or combine rail carriers,taken together, in control of another rail carrier. with another of those rail carriers to pool or divide traffic or ser- (c) A person is affiliated with a rail carrier under this sub- vices or any part of their earnings without the approval of the chapter if,because of the relationship between that person and a Board under this section or section 11123 of this title. The Board rail carrier, it is reasonable to believe that the affairs of another rail may approve and authorize the agreement or combination if the carrier,control of which may be acquired by that person,will be rail carriers involved assent to the pooling or division and the managed in the interest of the other rail carrier. Board finds that a pooling or division of traffic, services,or earnings— Sec. 11324. Consolidation, merger, and acquisition (1) will be in the interest of better service to the public or of control: conditions of approval of economy of operation;and (a) The Board may begin a proceeding to approve and author- (2) will not unreasonably restrain competition. ize a transaction referred to in section 11323 of this title on appli- (b) The Board may impose conditions governing the pooling cation of the person seeking that authority. When an application or division and may approve and authorize payment of a reason- is filed with the Board,the Board shall notify the chief executive able consideration between the rail carriers. officer of each State in which property of the rail carriers involved (c) The Board may begin a proceeding under this section on in the proposed transaction is located and shall notify those rail its own initiative or on application. carriers. The Board shall hold a public hearing unless the Board determines that a public hearing is not necessary in the public Sec. 11323. Consolidation, merger, and acquisition interest. of control (b) In a proceeding under this section which involves the merger or control of at least two Class I railroads,as defined by (a) The following transactions involving rail carriers providing the Board,the Board shall consider at least— transportation subject to the jurisdiction of the Board under this (1) the effect of the proposed transacion on the ade- part may be carried out only with the approval and authorization quacy of transportation to the public; of the Board: (2) the effect on the public interest of including,or failing (1) Consolidation or merger of the properties or fran- to include,other rail carriers in the area involved in the proposed chises of at least 2 rail carriers into one corporation for the transaction; ownership, management,and operation of the previously sepa rately owned properties. (3) the total fixed charges that result'om the proposed transaction; (2) A purchase, lease, or contract to operate property of another rail carrier by any number of rail carriers. (4) the interest of rail carrier employees affected by the (3) Acquisition of control of a rail carrier by any number proposed transaction; and of rail carriers. (5) whether the proposed transaction would have an adverse effect on competition among rail caters in the affected (4) Acquisition of control of at least 2 rail carriers by a region or in the national rail system. person that is not a rail carrier. (c) The Board shall approve and authorize a transaction under (5) Acquisition of control of a rail carrier by a person that this section when it finds the transaction is consistent with the is not a rail carrier but that controls any number of rail carriers. public interest. The Board may impose conditions governing the (6) Acquisition by a rail carrier of trackage rights over,or transaction,including the divestiture of parallel tracks or requiring joint ownership in or joint use of, a railroad line (and terminals the granting of trackage rights and access to other facilities. Any incidental to it)owned or operated by another rail carrier. trackage rights and related conditions imposed to alleviate anti- (b) A person may carry out a transaction referred to in sub- competitive effects of the transaction shall provide for operating section (a)of this section or participate in achieving the control or terms and compensation levels to ensure that such effects are management,including the power to exercise control or manage- alleviated. When the transaction contemplates a guaranty or inert,in a comms n interest of more than one of those rail ass imption of payment of dividends or of fixed charges or will 20 PART A — RAIL Chapter 113 — Finance result in an increase of total fixed charges,the Board may application is incomplete,the Board shall reject it by the end of approve and authorize the transaction only if it finds that the that period. The order of rejection is a final action of the Board. guaranty, assumption,or increase is consistent with the public The published notice shall indicate whether the application interest. The Board may require inclusion of other rail carriers involves— located in the area involved in the transaction if they apply for (1) the merger or control of at least two Class I railroads, inclusion and the Board finds their inclusion to be consistent with as defined by the Board,to be decided within the time limits the public interest. specified in subsection (b)of this section, (d) In a proceeding under this section which does not involve (2) transactions of regional or national transportation the merger or control of at least two Class I railroads,as defined significance,to be decided within the time limits specified in by the Board,the Board shall approve such an application unless subsection (c)of this section;or it finds that— (3) any other transaction covered by this section,to be (1) as a result of the transaction,there is likely to be sub- decided within the time limits specified in subsection (d) of this stantial lessening of competition,creation of a monopoly,or section. restraint of trade in freight surface transportation in any region of the United States;and (b) If the application involves the merger or control of two or more Class I railroads, as defined by the Board,the following (2) the anticompetitive effects of the transaction outweigh conditions apply: the public interest in meeting significant transportation needs. In making such findings,the Board shall,with respect to any appli- (1) Written comments about an application may be filed -- cation that is part of a plan or proposal developed under section with the Board within 45 days after notice of the application is 333(a)-(d) of this title,accord substantial weight to any recom- published under subsection(a)of this section. Copies of such mendations of the Attorney General. comments shall be served on the Attorney General and the Secre- tary of Transportation,who may decide to intervene as a party to (e) No transaction described in section 11326(b)may have the proceeding.That decision must be made by the 15th day after the effect of avoiding a collective bargaining agreement or shifting the date of receipt of the written comments, and if the decision is work from a rail carrier with a collective bargaining agreement to to intervene, preliminary comments about the application must be a rail carrier without a collective bargaining agreement. sent to the Board by the end of the 15th day after the date of (f) (1) To the extent provided in this subsection,a proceed- receipt of the written comments. ing under this subchapter relating to a transaction involving at (2) The Board shall require that applications inconsistent least one Class I rail carrier shall not be considered an adjudica- with an application, notice of which was published under sub- tion required by statute to be determined on the record after section (a) of this section,and applications for inclusion in the opportunity for an agency hearing,for the purposes of sub- transaction, be filed with it by the 90th day after publication of chapter II of chapter 5 of title 5, United States Code. notice under that subsection. (2) Ex parte communications,as defined in section (3) The Board must conclude evidentiary proceedings by 551(14)of title 5, United States Code,shall be permitted in pro- the end of 1 year after the date of publication of notice under sub- ceedings described in paragraph (1)of this subsection,subject to section (a) of this section. The Board must issue a final decision the requirements of paragraph (3)of this subsection. by the 90th day after the date on which it concludes the eviden- (3) (A) Any member or employee of the Board who tiary proceedings. makes or receives a written ex parte communication concerning (c) If the application involves a transaction other than the the merits of a proceeding described in paragraph(1) shall merger or control of at least two Class I railroads,as defined by promptly place the communication in the public docket of the the Board,which the Board has determined to be of regional or proceeding. national transportation significance,the following conditions (B) Any member or employee of the Board who apply: makes or receives an oral ex parte communication concerning (1) Written comments about an application, including the merits of a proceeding described in paragraph (1)shall comments of the Attorney General and the Secretary of Transpor- promptly place a written summary of the oral communication in tation, may be filed with the Board within 30 days after notice of the public docket of the proceeding. the application is published under subsection (a)of this section. (4) Nothing in this subsection shall be construed to re (2) The Board shall require that applications inconsistent quire the Board or any of its members or employees to engage in with an application, notice of which was published under sub- any ex parte communication with any person. Nothing in this section (a)of this section, and applications for inclusion in the subsection or any other law shall be construed to limit the author- transaction, be filed with it by the 60th day after publication of ity of the members or employees of the Board, in their discretion, notice under that subsection. to note in the docket or otherwise publicly the occurrence and substance of an ex parte communication. (3) The Board must conclude any evidentiary proceed- ings by the 180th day after the date of publication of notice under Sec. 11325. Consolidation, merger, and acquisition subsection (a) of this section. The Board must issue a final decision by the 90th day after the date on which it concludes the of control: procedure evidentiary proceedings. (a) The Board shall publish notice of the application under (d) For all applications under this section other than those section 11324 in the Federal Register by the end of the 30th day specified in subsections (b)and (c) of this section,the following afte the application it filed with the Board. However,if the con6.tio s apply: 21 ICC Termination Act of 1995 Public Law 104-88 (1) Written comments about an application, including (b) This section shall not apply to an individual holding the comments of the Attorney General and the Secretary of Transpor- position of officer or director only of Class III rail carriers. tation, may be filed with the Board within 30 days after notice of the application is published under subsection (a)of this section. CHAPTER 115 — FEDERAL-STATE RELATIONS (2) The Board must conclude any evidentiary proceed- ings by the 105th day after the date of publication of notice under Sec. 11501. Tax discrimination against rail transportation subsection (a)of this section. The Board must issue a final property. decision by the 45th day after the date on which it concludes the Sec. 11502. Withholding State and local income tax by rail evidentiary proceedings. carriers. Sec. 11326. Employee protective arrangements in Sec. 11501. Tax discrimination against rail trans- transactions involving rail carriers portation property (a) Except as otherwise provided in this section,when appro- (a) In this section— val is sought for a transaction under sections 11324 and 11325 of this title,the Board shall require the rail carrier to provide a fair (1) the term"assessment"means valuation for a property tax levied by a taxing district; arrangement at least as protective of the interests of employees who are affected by the transaction as the terms imposed under (2) the term"assessment jurisdiction" means a geo- section 5(2)(f) of the Interstate Commerce Act before February 5, graphical area in a State used in determining the assessed value 1976,and the terms established under section 24706 (c)of this of property for ad valorem taxation; title. Notwithstanding this part,the arrangement may be made by (3) the term"rail transportation property" means prop- the rail carrier and the authorized representative of its employees. erty, as defined by the Board,owned or used by a rail carrier The arrangement and the order approving the transaction must providing transportation subject to the jurisdiction of the Board require that the employees of the affected rail carrier will not be in under this part;and a worse position related to their employment as a result of the transaction during the 4 years following the effective date of the (4) the term"commercial and industrial property" means property,other than transportation property and land used primar- final action of the Board (or if an employee was employed fora ily for agricultural purposes or timber growing,devoted to a com- lesserperiod of time by the rail carrier before the action became effective,for that lesser period). mercial or industrial use and subject to a property tax levy. (b) When approval is sought under sections 11324 and (b) The following acts unreasonably burden and discriminate against interstate commerce, and a State,subdivision of a State, 11325 for a transaction involving one Class II and one or more Class III rail carriers,there shall be an arrangement as required or authority acting for a State or subdivision of a State may not do a under subsection (a)of this section,except that such arrange- ment shall be limited to one year of severance pay,which shall (1) Assess rail transportation property at a value that has not exceed the amount of earnings from the railroad employment a higher ratio to the true market value of the rail transportation of that employee during the 12-month period immediately preced- property than the ratio that the assessed value of other commer- ing the date on which the application for approval of such trans- cial and industrial property in the same assessment jurisdiction action is filed with the Board. The amount of such severance pay has to the true market value of the other commercial and indus- shall be reduced by the amount of earnings from railroad employ- trial property. ment of that employee with the acquiring carrier during the 12- (2) Levy or collect a tax on an assessment that may not month period immediately following the effective date of the be made under paragraph (1)of this subsection. transaction. The parties may agree to terms other than as pro vided in this subsection. (3) Levy or collect an ad valorem property taxon rail transportation property at a tax rate that exceeds the tax rate (c) When approval is sought under sections 11324 and applicable to commercial and industrial property in the same 11325 for a transaction involving only Class III rail carriers,this assessment jurisdiction. section shall not apply. (4) Impose another tax that discriminates against a rail Sec. 11327. Supplemental orders carrier providing transportation subject to the jurisdiction of the Board under this part. When cause exists,the Board may make appropriate orders (c) Notwithstanding section 1341 of title 28 and without supplemental to an order made in a proceeding under sections regard to the amount in controversy or citizenship of the parties, a 11322 through 11326 of this title. district court of the United States has jurisdiction,concurrent with other jurisdiction of courts of the United States and the States,to Sec. 11328. Restrictions on officers and directors prevent a violation of subsection (b)of this section. Relief may be (a) A person may hold the position of officer or director of granted under this subsection only if the ratio of assessed value more than one rail carrier only when authorized by the Board. to true market value of rail transportation property exceeds by at The Board may authorize a person to hold the position of officer least 5 percent the ratio of assessed value to true market value of or director of more than one of those carriers when public or other commercial and industrial property in the same assessment private interests will not be adversely affected. jurisdiction. The burden of proof in determining assessed value and true market value is governed by State law. If the ratio of the assessed value of othe,commercial +nd industrial property in the 22 PART A— RAIL Chapter 117.— Enforcement assessment jurisdiction to the true market value of all other com- subject to the jurisdiction of the Board under this part because of mercial and industrial property cannot be determined to the the absence of direct damage to the complainant. satisfaction of the district court through the random-sampling (c) A formal investigative proceeding begun by the Board method known as a sales assessment ratio study(to be carried under subsection (a)of this section is dismissed automatically out under statistical principles applicable to such a study),the unless it is concluded by the Board with administrative finality by court shall find,as a violation of this section— the end of the third year after the date on which it was begun. (1) an assessment of the rail transportation property at a value that has a higher ratio to the true market value of the rail Sec. 11702. Enforcement by the Board transportation property than the assessed value of all other prop erty subject to a property tax levy in the assessment jurisdiction The Board may bring a civil action— has to the true market value of all other commercial and industrial (1) to enjoin a rail carrier from violating sections 10901 property;and through 10906 of this title,or a regulation prescribed or order or (2) the collection of an ad valorem property tax on the rail certificate issued under any of those sections; transportation property at a tax rate that exceeds the tax ratio rate (2) to enforce subchapter 11 of chapter 113 of this title applicable to taxable property in the taxing district. and to compel compliance with an order of the Board under that subchapter; and Sec. 11502. Withholding State and local income tax (3) to enforce an order of the Board, except a civil action by rail carriers to enforce an order for the payment of money,when it is violated (a) No part of the compensation paid by a rail carrier provid- by a rail carrier providing transportation subject to the jurisdiction ing transportation subject to the jurisdiction of the Board under of the Board under this part. this part to an employee who performs regularly assigned duties Sec. 11703. Enforcement by the Attorney General as such an employee on a railroad in more than one State shall be subject to the income tax laws of any State or subdivision of that (a) The Attorney General may,and on request of the Board State, other than the State or subdivision thereof of the shall, bring court proceedings to enforce this part, or a regulation employee's residence. or order of the Board or certificate issued under this part, and to (b) A rail carrier withholding pay from an employee under prosecute a person violating this part or a regulation or order of subsection (a)of this section shall file income tax information the Board or certificate issued under this part. returns and other reports only with the State and subdivision of (b) The United States Government may bring a civil action on residence of the employee. behalf of a person to compel a rail carrier providing transportation subject to the jurisdiction of the Board under this part to provide CHAPTER 117 — ENFORCEMENT: that transportation to that person in compliance with this part at INVESTIGATIONS, RIGHTS, AND REMEDIES the same rate charged,or on conditions as favorable as those given by the rail carrier,for like traffic under similar conditions to Sec 11701. General authority. another person. Sec. 11702. Enforcement by the Board. Sec. 11704. Rights and remedies of persons injured Sec. 11703. Enforcement by the Attorney General. by rail carriers Sec. 11704. Rights and remedies of persons injured by rail (a) A person injured because a rail carrier providing transpor- carriers. tation or service subject to the jurisdiction of the Board under this Sec. 11705. Limitation on actions by and against rail carriers. part does not obey an order of the Board, except an order for the Sec. 1706. Liability of rail carriers under receipts and bills of payment of money, may bring a civil action in a United States lading. District Court to enforce that order under this subsection. Sec. 11707. Liability when property is delivered in violation of (b) A rail carrier providing transportation subject to the juris- routing instructions. diction of the Board under this part is liable for damages sus- tained by a person as a result of an act or omission of that carrier Sec. 11701. General authority in violation of this part. A rail carrier providing transportation subject to the jurisdiction of the Board under this part is liable to a (a) Except as otherwise provided in this part,the Board may person for amounts charged that exceed the applicable rate for begin an investigation under this part only on complaint. If the the transportation. Board finds that a rail carrier is violating this part,the Board shall (c) (1) A person may file a complaint with the Board under take appropriate action to compel compliance with this part. section 11701(b) of this title or bring a civil action under sub- (b) A person, including a governmental authority may file with section (b)of this section to enforce liability against jurisdiction of the Board a complaint about a violation of this part by a rail car- the Board under this part. rier providing transportation or service subject to the jurisdiction (2) When the Board the Board shall order the date. The of the Board under this part. The complaint must state the facts Board may order jurisdiction of the Board a rail carrier providing that are the subject of the violation. The Board may dismiss a transportation subject to the under this part.makes an award complaint it determines does not state reasonable grounds for under subsection (b)of this section,rail carrier to pay the amount investigation and action. However,the Beard may not dsmiss a awarded by a specific a rail carrier provic ing transport ition complaint made against a rail carrier pro%ding transporation 23 ICC Termination Act of 1995 Public Law 104-88 subject to the under this part to pay damages only when the pro- subsections (b)and (c) of this section are extended for 90 days ceeding is on complaint. The person for whose benefit an order from the time the rail carrier begins a civil action under subsec- of the Board requiring the payment of money is made may bring a tion (a)of this section to recover charges related to the same civil action to enforce that order under this paragraph if the rail transportation or service,or collects (without beginning a civil carrier does not pay the amount awarded by the date payment action under that subsection)the charge for that transportation or was ordered to be made. service if that action is begun or collection is made within the (d) (1) When a person begins a civil action under subsection appropriate period. (b)of this section to enforce an order of the Board requiring the (e) A person must begin a civil action to enforce an order of payment of damages by a rail carrier providing transportation the Board against a rail carrier for the payment of money within subject to the jurisdiction of the Board under this part,the text of one year after the date the order required the money to be paid. the order of the Board must be included in the complaint. In addi- (f) This section applies to transportation for the United States tion to the district courts of the United States,a State court of Government. The time limitations under this section are ex- general jurisdiction having jurisdiction of the parties has juris- tended, as related to transportation for or on behalf of the United diction to enforce an order under this paragraph. The findings States Government,for 3 years from the date of— and order of the Board are competent evidence of the facts stated in them. Trial in a civil action brought in a district court of the (1) payment of the rate for the transportation or service United States under this paragraph is in the judicial district— involved; (A) in which the plaintiff resides; (2) subsequent refund for overpayment of that rate;or (B) in which the principal operating office of the rail (3) deduction made under section 3726 of title 31, carrier is located; or whichever is later. (C) through which the railroad line of that carrier (g) A claim related to a shipment of property accrues under runs. In a civil action under this paragraph,the plaintiff is liable this section on delivery or tender of delivery by the rail carrier. for only those costs that accrue on an appeal taken by the plaintiff. Sec. 11706. Liability of rail carriers under receipts (2) All parties in whose favor the award was made may and bills of lading be joined as plaintiffs in a civil action brought in a district court of (a) A rail carrier providing transportation or service subject to the United States under this subsection and all the rail carriers the jurisdiction of the Board under this part shall issue a receipt or that are parties to the order awarding damages may be joined as bill of lading for property it receives for transportation under this defendants. Trial in the action is in the judicial district in which part.That rail carrier and any other carrier that delivers the prop- any one of the plaintiffs could bring the action against any one of erty and is providing transportation or service subject to the juris- the defendants. Process may be served on a defendant at its diction of the Board under this part are liable to the person entitled principal operating office when that defendant is not in the district to recover under the receipt or bill of lading. The liability imposed in which the action is brought. A judgment ordering recovery under this subsection is for the actual loss or injury to the prop- may be made in favor of any of those plaintiffs against the erty caused by— defendant found to be liable to that plaintiff. (1) the receiving rail carrier; (3) The district court shall award a reasonable attorney's fee as a part of the damages for which a rail carrier is found liable (2) the delivering rail carrier;or under this subsection. The district court shall tax and collect that (3) another rail carrier over whose line or route the prop- fee as a part of the costs of the action. erty is transported in the United States or from a place in the United States to a place in an adjacent foreign country when Sec. 11705. Limitation on actions by and against transported under a through bill of lading. Failure to issue a rail carriers receipt or bill of lading does not affect the liability of a rail carrier. A delivering rail carrier is deemed to be the rail carrier performing (a) A rail carrier providing transportation or service subject to the line-haul transportation nearest the destination but does not the jurisdiction of the Board under this part must begin a civil include a rail carrier providing only a switching service at the action to recover charges for transportation or service provided destination. by the carrier within 3 years after the claim accrues. (b) The rail carrier issuing the receipt or bill of lading under (b) A person must begin a civil action to recover overcharges subsection (a)of this section or delivering the property for which under section 11704(b)of this title within 3 years after the claim the receipt or bill of lading was issued is entitled to recover from accrues,whether or not a complaint is filed under section the rail carrier over whose line or route the loss or injury occurred 11704(c)(1). the amount required to be paid to the owners of the property, as (c) A person must file a complaint with the Board to recover evidenced by a receipt,judgment,or transcript,and the amount of damages under section 11704(b)of this title within 2 years after its expenses reasonably incurred in defending a civil action the claim accrues. brought by that person. (d) The limitation period under subsection (b)of this section (c) (1) A rail carrier may not limit or be exempt from liability is extended for 6 months from the time written notice is given to imposed under subsection (a) of this section except as provided the claimant by the rail carrier of disallowance of any part of the in this subsection. A limitation of liability or of the amount of claim specified in the notice if a written claim is given to the rail recovery or representation or agreement in a receipt,bill of lading, arrier within t!at limitation period. The limitation periods under contract,or r le in violation of this section is void. 24 PART A — RAIL Chapter 119 — Civil and Criminal Penalties (2) A rail carrier of passengers may limit its liability under participate in hauling that property for the total amount of the rate its passenger rate for loss or injury of baggage carried on trains it would have received if it participated in hauling the property. carrying passengers. (2) A rail carrier is not liable under paragraph (1) of this (3) A rail carrier providing transportation or service sub- subsection when it diverts or delivers property in compliance with ject to the jurisdiction of the Board under this part may establish an order or regulation of the Board. rates for transportation of property under which— (3) A rail carrier to whom property is transported is not (A) the liability of the rail carrier for such property is liable under this subsection if it shows that it had no notice of the limited to a value established by written declaration of the shipper routing instructions before transporting the property. The burden or by a written agreement between the shipper and the carrier;or of proving lack of notice is on that rail carrier. (B) specified amounts are deducted, pursuant to a (b) The court shall award a reasonable attorney's fee to the written agreement between the shipper and the carrier,from any plaintiff in a judgment against the defendant rail carrier under sub- claim against the carrier with respect to the transportation of such section (a)of this section. The court shall tax and collect that fee property. as a part of the costs of the action. (d) (1) A civil action under this section may be brought in a district court of the United States or in a State court. CHAPTER 119 — CIVIL AND CRIMINAL (2) (A) A civil action under this section may only be PENALTIES brought (i) against the originating rail carrier, in the Sec. 11901. General civil penalties. judicial district in which the point of origin is located; Sec. 11902. Interference with railroad car supply. (ii) against the delivering rail carrier, in the judi- Sec. 11903. Record keeping and reporting violations. cial district in which the principal place of business of the person Sec. 11904. Unlawful disclosure of information. bringing the action is located if the delivering carrier operates a Sec. 11905. Disobedience to subpoenas. railroad or a route through such judicial district,or in the judicial district in which the point of destination is located; and Sec. 11906. General criminal penalty when specific penalty not (iii) against the carrier alleged to have caused provided. the loss or damage, in the judicial district in which such loss or Sec. 11907. Punishment of corporation for violations committed damage is alleged to have occurred. by certain individuals. (B) In this section, "judicial district" means (i) in the Sec. 11908. Relation to other Federal criminal penalties. case of a United States district court, a judicial district of the United States,and (ii) in the case of a State court,the applicable Sec. 11901. General civil penalties geographic area over which such court exercises jurisdiction. (a) Except as otherwise provided in this section,a rail carrier (e) A rail carrier may not provide by rule, contract,or other- providing transportation subject to the jurisdiction of the Board wise,a period of less than 9 months for filing a claim against it under this part,an officer or agent of that rail carrier,or a receiver, under this section and a period of less than 2 years for bringing a trustee, lessee,or agent of one of them, knowingly violating this civil action against it under this section. The period for bringing a part or an order of the Board under this part is liable to the United civil action is computed from the date the carrier gives a person States Government for a civil penalty of not more than$5,000 for written notice that the carrier has disallowed any part of the claim each violation. Liability under this subsection is incurred for each specified in the notice. For the purposes of this subsection— distinct violation. A separate violation occurs for each day the (1) an offer of compromise shall not constitute a dis- violation continues. allowance of any part of the claim unless the carrier, in writing, (b) A rail carrier providing transportation subject to the juris- informs the claimant that such part of the claim is disallowed and diction of the Board under this part,or a receiver or trustee of that provides reasons for such disallowance; and rail carrier,violating a regulation or order of the Board under (2) communications received from a carrier's insurer section 11124(a)(2)or(b)of this title is liable to the United States shall not constitute a disallowance of any part of the claim unless Government for a civil penalty of$500 for each violation and for the insurer, in writing, informs the claimant that such part of the $25 for each day the violation continues. claim is disallowed, provides reasons for such disallowance,and (c) A person knowingly authorizing,consenting to,or permit- informs the claimant that the insurer is acting on behalf of the ting a violation of sections 10901 through 10906 of this title or of carrier. a requirement or a regulation under any of those sections, is liable to the United States Government for a civil penalty of not more Sec. 11707. Liability when property is delivered in than$5,000. violation of routing instructions (d) A rail carrier, receiver,or operating trustee violating an (a) (1) When a rail carrier providing transportation subject to order or direction of the Board under section 11123 or the jurisdiction of the Board under this part diverts or delivers 11124(a)(1)of this title is liable to the United States Government property to another rail carrier in violation of routing instructions for a civil penalty of at least$100 but not more than$500 for in the bill of lading, both of those rail carriers are jointly and each violation and for$50 for each day the violation continues. severally liable to the rail carrier that was deprived of its right to (e) (1) A person required under subchapter III of chapter 111 of this title to make, prepare, preserve. or ;ubmit to the ',card a 25 ICC Termination Act of 1995 Public Law 104-88 record concerning transportation subject to the jurisdiction of the I (5) files a false report or record with the Board,shall be Board under this part that does not make,prepare, preserve,or fined not more than S5,000, imprisoned for not more than submit that record as required under that subchapter, is liable to 2 years,or both. the United States Government for a civil penalty of$500 for each violation. Sec. 11904. Unlawful disclosure of information (2) A rail carrier providing transportation subject to the (a) A-- jurisdiction of the Board under this part, and a lessor, receiver,or trustee of that rail carrier,violating section 11144(b)(1) of this (1) rail carrier providing transportation subjectto the title, is liable to the United States Government for a civil penalty of jurisdiction of the Board under this part, or an officer, agent,or S100 for each violation. employee of that rail carrier, or another person authorized to receive information from that rail carrier,that knowingly discloses (3) A rail carrier providing transportation subject to the to another person,except the shipper or consignee;or jurisdiction of the Board under this part,a lessor,receiver,or trustee of that rail carrier,a person furnishing cars, and an officer, (2) a person who solicits or knowingly receives, informa- agent,or employee of one of them,required to make a report to tion described in subsection (b)without the consent of the the Board or answer a question that does not make the report or shipper or consignee shall be fined not more than$1,000. does not specifically, completely,and truthfully answer the ques- (b) The information referred to in subsection (a) is information tion, is liable to the United States Government for a civil penalty of about the nature,kind,quantity,destination,consignee,or routing S100 for each violation. of property tendered or delivered to that rail carrier for transporta- (4) A separate violation occurs for each day a violation tion provided under this part,or information about the contents of under this subsection continues. a contract authorized under section 10709 of this title,that may be used to the detriment of the shipper or consignee or may dis- close Trial in a civil action under subsections (a)through (e)of close improperly,to a competitor,the business transactions of the this section is in the judicial district in which the rail carrier has its shipper or consignee. principal operating office or in a district through which the railroad of the rail carrier runs. (c) This part does not prevent a rail carrier providing trans- portation subject to the jurisdiction of the Board under this part Sec. 11902. Interference with railroad car supply from giving information— (1) in response to legal process issued under authority of (a) A person that offers or gives anything of value to another a court of the United States or a State; person acting for or employed by a rail carrier providing transpor- tation subject to the jurisdiction of the Board under this part (2) to an officer,employee,agent of the United States intending to influence an action of that other person related to Government,a State,or a territory or possession of the United supply,distribution,or movement of cars, vehicles, or vessels States;or used in the transportation of property, or because of the action of (3) to another rail carrier or its agent to adjust mutual that other person,shall be fined not more than$1,000, impris- traffic accounts in the ordinary course of business. oned for not more than 2 years,or both. (d) An employee of the Board delegated to make an inspection (b) A person acting for or employed by a rail carrier providing or examination under section 11144 of this title who knowingly transportation subject to the jurisdiction of the Board under this discloses information acquired during that inspection or examina- part that solicits,accepts,or receives anything of value— tion, except as directed by the Board,a court,or a judge of that (1) intending to be influenced by it in an action of that court,shall be fined not more than$500, imprisoned for not more person related to supply,distribution,or movement of cars, than 6 months, or both. vehicles,or vessels used in the transportation of property;or (e) A person that knowingly discloses confidential data made (2) because of the action of that person,shall be fined available to such person under section 11163 of this title by a rail not more than$1,000, imprisoned for not more than 2 years,or carrier providing transportation subject to the jurisdiction of the both. Board under this part shall be fined not more than$50,000. Sec. 11903. Record keeping and reporting Sec. 11905. Disobedience to subpoenas violations A person not obeying a subpoena or requirement of the Board A person required to make a report to the Board, or make, to appear and testify or produce records shall be fined at least $100 but not more than S5,000, imprisoned for not more than prepare,or preserve a record, under subchapter III of chapter 111 one year,or both. of this title about transportation subject to the jurisdiction of the Board under this part that knowingly and willfully— Sec. 11906. General criminal penalty when specific (1) makes a false entry in the report or record; penalty not provided (2) destroys, mutilates,changes,or by another means falsifies the record, When another criminal penalty is not provided under this chapter,a rail carrier providing transportation subject to the juris- diction of the Board under this part,and when that rail carrier is a in the record; corporation,a director or officer of the corporation,or a receiver, (4) makes, prepares,or preserves the record in violation trustee, lessee,or person acting for or employed by the corpora- of a regula on or order of the Board;or tion that, zone or with another person,willfully violates this pa t 26 PART B_— MOTOR CARRIERS, ETC. Chapter 131 — General Provisions or an order prescribed under this part,shall be fined not more (B) to promote safe,adequate,economical, and than$5,000. The person may be imprisoned for not more than efficient transportation, 2 years in addition to being fined under this section. A separate (C) to encourage sound economic conditions in violation occurs each day a violation of this title continues. transportation, including sound economic conditions among carriers; Sec. 11907. Punishment of corporation for (D) to encourage the establishment and mainte- violations committed by certain nance of reasonable rates for transportation,without unreason- individuals able discrimination or unfair or destructive competitive practices; An act or omission that would be a violation of this part if (E) to cooperate with each State and the officials of committed by a director,officer, receiver,trustee,lessee, agent, each State on transportation matters;and or employee of a rail carrier providing transportation or service (F) to encourage fair wages and working conditions subject to the jurisdiction of the Board under this part that is a in the transportation industry; corporation is also a violation of this part by that corporation. i (2) in overseeing transportation by motor carrier,to The penalties of this chapter apply to that violation. When acting promote competitive and efficient transportation services in in the scope of their employment,the actions and omissions of order to— individuals acting for or employed by that rail carrier are consid- ered to be the actions and omissions of that rail carrier as well (A) encourage fair competition,and reasonable as that individual. rates for transportation by motor carriers of property; (B) promote efficiency in the motor carrier transpor- Sec. 11908. Relation to other Federal criminal tation system and to require fair and expeditious decisions when penalties required; Notwithstanding section 3571 of title 18, United States Code, (C) meet the needs of shippers, receivers, passen- the criminal penalties provided for in this chapter are the exclu- gers,and consumers; sive criminal penalties for violations of this part. (D) allow a variety of quality and price options to (b) Conforming Amendment.—The item relating to meet changing market demands and the diverse requirements of subtitle IV in the table of subtitles of title 49, United States the shipping and traveling public; Code, is amended b}l striking "Commerce"and inserting in (E) allow the most productive use of equipment and lieu thereof"Transportation". energy resources; (F) enable efficient and well-managed carriers to 1*1031 Sec. 103. MOTOR CARRIER, ITA TER earn adequate profits, attract capital,and maintain fair wages CARRIER,AND FREIGHT and working conditions; FORWARDER PROVISIONS. (G) provide and maintain service to small communi- Subtitle IV oftitle 49, United States Code, is further ties and small shippers and intrastate bus services; amended by adding at the end lite following. (H) provide and maintain commuter bus operations; (1) improve and maintain a sound,safe, and PART B— MOTOR CARRIERS, WATER competitive privately owned motor carrier system; CARRIERS, BROKERS, AND FREIGHT (J) promote greater participation by minorities in FORWARDERS the motor carrier system; (K) promote intermodal transportation; (3) in overseeing transportation by motor carrier of CHAPTER 131 — GENERAL PROVISIONS passengers— Sec. 13101. Transportation policy. (A) to cooperate with the States on transportation matters for the purpose of encouraging the States to exercise Sec. 13102. Definitions. intrastate regulatory jurisdiction in accordance with the objec- Sec. 13103. Remedies as cumulative. tives of this part; (B) to provide Federal procedures which ensure that Sec. 13101. Transportation policy intrastate regulation is exercised in accordance with this part; (a) In General.—To ensure the development,coordination, and and preservation of a transportation system that meets the trans- (C) to ensure that Federal reform initiatives enacted portation needs of the United States, including the United States by section 31138 and the Bus Regulatory Reform Act of 1982 Postal Service and national defense, it is the policy of the United are not nullified by State regulatory actions; and States Government to oversee the modes of transportation (4) in overseeing transportation by water carrier, to and— encourage and promote service and price competition in the (1) in overseeing those modes— noncontiguous domestic trade. (A) to reco nize and preserve the inherent advan- tage c ea h mode of tri asportation; 27 ICC Termination Act of 1995 Public Law 104-88 (b) Administration to Carry Out Policy.—This part shall be (8) Freight forwarder.—The term"freight forwarder" administered and enforced to carry out the policy of this section means a person holding itself out to the general public (other than and to promote the public interest. as a pipeline, rail, motor,or water carrier)to provide transporta- tion of property for compensation and in the ordinary course of its Sec. 13102. Definitions business— In this part,the following definitions shall apply: (A) assembles and consolidates,or provides for assembling and consolidating,shipments and performs or pro- (1) Board.—The term"Board" means the Surface Trans- vides for break-bulk and distribution operations of the shipments, portation Board. (B) assumes responsibility for the transportation (2) Broker.—The term"broker" means a person,other from the place of receipt to the place of destination; and than a motor carrier or an employee or agent of a motor carrier, that as a principal or agent sells,offers for sale, negotiates for,or (C) uses for any part of the transportation a carrier holds itself out by solicitation,advertisement,or otherwise as subject to jurisdiction under this subtitle. selling, providing,or arranging for,transportation by motor carrier The term does not include a person using transportation of an air for compensation. carrier subject to part A of subtitle VII. (3) Carrier.—The term"carrier" means a motor carrier, (9) Highway.—The term "highway" means a road, high- a water carrier, and a freight forwarder. way,street,and way in a State. (4) Contract carriage.—The term"contract carriage" (10) Household goods.—The term"household goods", means— as used in connection with transportation, means personal effects (A) for transportation provided before the effective and property used or to be used in a dwelling,when a part of the date of this section,service provided pursuant to a permit issued equipment or supply of such dwelling,and similar property if the under section 10923, as in effect on the day before the effective transportation of such effects or property is— date of this section;and (A) arranged and paid for by the householder, includ- (B) for transportation provided on or after such date, ing transportation of property from a factory or store when the service provided under an agreement entered into under section property is purchased by the householder with intent to use in his 14101(b). or her dwelling,or (5) Control.—The term"control",when referring to a (B) arranged and paid for by another party. relationship between persons, includes actual control, legal (11) Household goods freight forwarder.—The term control, and the power to exercise control,through or by— "household goods freight forwarder"means a freight forwarder of (A) common directors,officers,stockholders,a one or more of the following items: household goods, voting trust, or a holding or investment company,or unaccompanied baggage,or used automobiles. (B) any other means. (12) Motor carrier.—The term "motor carrier" means a person providing motor vehicle transportation for compensation. (6) Foreign motor carrier.—The term"foreign motor carrier" means a person (including a motor carrier of property but (13) Motor private carrier.—The term"motor private excluding a motor private carrier)— carrier" means a person,other than a motor carrier,transporting (A) (i) that is domiciled in a contiguous foreign property by motor vehicle when— country; or (A) the transportation is as provided in section 13501 of this title; (ii) that is owned or controlled by persons of a contiguous foreign country;and (B) the person is the owner,lessee,or bailee of the property being transported; and (B) in the case of a person that is not a motor carrier of property,that provides interstate transportation of property by (C) the property is being transported for sale, lease, rent,or bailment or to further a commercial enterprise. motor vehicle under an agreement or contract entered into with a motor carrier of property(other than a motor private carrier or a (14) Motor vehicle.—The term"motor vehicle" means a motor carrier of property described in subparagraph (A)). vehicle, machine,tractor,trailer,or semitrailer propelled or drawn (7) Foreign motor private carrier.—The term"foreign by mechanical power and used on a highway in transportation,or motor private carrier"means a person (including a motor private a combination determined by the Secretary, but does not include carrier but excluding a motor carrier of property)— a vehicle, locomotive,or car operated only on a rail, or a trolley bus operated by electric power from a fixed overhead wire,and (A) (i) that is domiciled in a contiguous foreign providing local passenger transportation similar to street-railway country; or service. (ii) that is owned or controlled by persons of a (15) Noncontiguous domestic trade.—The term"non- contiguous foreign country; and contiquous domestic trade" means transportation subject to juris- (B) in the case of a person that is not a motor private diction under chapter 135 involving traffic originating in or carrier,that provides interstate transportation of property by destined to Alaska, Hawaii,or a territory or possession of the motor vehicle under an agreement or contract entered into with a United States. person(other than a motor carrier of property or a motor private ,arrier described in subparagraph (A)). 28 PART B — MOTOR CARRIERS, ETC. Chapter 133 — Administrative Provisions (16) Person.—The term"person", in addition to its mean- party to a proceeding under this part, may petition a court of the ing under section 1 of title 1, includes a trustee,receiver, United States to enforce that subpoena. assignee,or personal representative of a person. (2) Enforcement.—The district courts of the United (17) Secretary.—The term"Secretary" means the Secre- States have jurisdiction to enforce a subpoena issued under this tary of Transportation. section. Trial is in the district in which the proceeding is con- (18) State.—The term"State" means the 50 States of the ducted. The court may punish a refusal to obey a subpoena as a United States and the District of Columbia. contempt of court. (19) Transportation.—The term"transportation" (d) Testimony of witnesses.— includes— (1) Procedure for taking testimony.—In a proceeding (A) a motor vehicle,vessel,warehouse,wharf, pier, under this part,the Secretary may take the testimony of a witness dock,yard, property,facility, instrumentality,or equipment of any by deposition and may order the witness to produce records. A kind related to the movement of passengers or property,or both, party to a proceeding pending under this part may take the testi- regardless of ownership or an agreement concerning use;and mony of a witness by deposition and may require the witness to produce records at any time after a proceeding is at issue on (B) services related to that movement, including petition and answer. arranging for,receipt,delivery, elevation,transfer in transit, refrig eration, icing,ventilation,storage, handling, packing, unpacking, (2) Subpoena.—If a witness fails to be deposed or to and interchange of passengers and property. produce records under paragraph(1)of this subsection,the Secretary may subpoena the witness to take a deposition, pro- (20) United States.—The term"United States" means the duce the records,or both. States of the United States and the District of Columbia. (3) Depositions.—A deposition may be taken before a (21) Vessel.—The term "vessel" means a watercraft or judge of a court of the United States,a United States magistrate other artificial contrivance that is used, is capable of being used, judge,a clerk of a district court,or a chancellor,justice, or judge or is intended to be used,as a means of transportation by water. of a supreme or superior court,mayor or chief magistrate of a (22) Water carrier.—The term"water carrier" means a city,judge of a county court,or court of common pleas of any person providing water transportation for compensation. State,or a notary public who is not counsel or attorney of a party or interested in the proceeding. Sec. 13103. Remedies as cumulative (4) Notice of deposition.—Before taking a deposition, Except as otherwise provided in this part,the remedies pro- reasonable notice must be given in writing by the party or the vided under this part are in addition to remedies existing under attorney of that party proposing to take a deposition to the oppos- another law or common law. ing party or the attorney of record of that party,whoever is nearest. The notice shall state the name of the witness and the time and place of taking the deposition. CHAPTER 133 —ADMINISTRATIVE PROVISION (5) Transcript.—The testimony of a person deposed Sec. 13301. Powers. under this subsection shall be taken under oath. The person taking the deposition shall prepare,or cause to be prepared, a Sec. 13302. Intervention. transcript of the testimony taken. The transcript shall be sub- Sec. 13303. Service of notice in proceedings. scribed by the deponent. Sec. 13304. Service of process in court proceedings. (6) Foreign country.—The testimony of a witness who is in a foreign country may be taken by deposition before an offi- Sec. 13301. Powers cer or person designated by the Secretary or agreed on by the parties by written stipulation filed with the Secretary. A deposition (a) General Powers of Secretary.—Except as otherwise shall be filed with the Secretary promptly. specified,the Secretary shall carry out this part. Enumeration of a power of the Secretary in this part does not exclude another (e) Witness Fees.—Each witness summoned before the power the Secretary may have in carrying out this part. The Secretary or whose deposition is taken under this section and the Secretary may prescribe regulations in carrying out this part. individual taking the deposition are entitled to the same fees and mileage paid for those services in the courts of the United States. (b) Obtaining Information.—The Secretary may obtain from carriers providing,and brokers for,transportation and service (f) Powers of Board.—For those provisions of this part that are specified to be carried out by the Board,the Board shall have subject to this part, and from persons controlling,controlled by, or under common control with those carriers or brokers to the the same powers as the Secretary has under this section. extent that the business of that person is related to the manage ment of the business of that carrier or broker, information the Sec. 13302. Intervention Secretary decides is necessary to carry out this part. Under regulations of the Secretary, reasonable notice of, and (c) Subpoena Power.— an opportunity to intervene and participate in,a proceeding under (1) By Secretary.—The Secretary may subpoena wit- this part related to transportation subject to jurisdiction under nesses and records related to a proceeding under this part from subchapter I of chapter 135 shall be given to interested persons. any place in the United States,to the designated place of the pro- ceeding. If a witness disobeys a subpoenr_the Secretarv,or a 29 ICC Termination-Act-of-1995 Public Law 104-88 Sec. 13303. Service of notice in proceedings SUBCHAPTER II —WATER CARRIER (a) Agents for Service of Process.—A carrier, a broker,or a TRANSPORTATION freight forwarder providing transportation or service subject to Sec. 13521. General jurisdiction, jurisdiction under chapter 135 shall designate, in writing,an agent by name and post office address on whom service of notices in a proceeding before,and of actions of,the Secretary may be made. SUBCHAPTER III — FREIGHT FORWARDER SERVICE (b) Filing With State.—A motor carrier providing transporta- Sec. 13531. General jurisdiction. tion under this part shall also file the designation with the appro- priate authority of each State in which it operates. The designation may be changed at any time in the same manner as originally SUBCHAPTER IV—AUTHORITY TO EXEMPT made. (c) Notice.—A notice to a motor carrier,freight forwarder,or Sec. 13541. Authority to exempt transportation or services. broker shall be served personally or by mail on the motor carrier, freight forwarder,or broker or on its designated agent. Service by SUBCHAPTER I — MOTOR CARRIER mail on the designated agent shall be made at the address filed TRANSPORTATION for the agent. When notice is given by mail,the date of mailing is considered to be the time when the notice is served. If a motor carrier,freight forwarder,or broker does not have a designated Sec. 13501. General jurisdiction agent,service may be made by posting a copy of the notice at the The Secretary and the Board have jurisdiction,as specified in headquarters of the Department of Transportation. this part, over transportation by motor carrier and the procure- ment of that transportation,to the extent that passengers,prop- Sec. 13304. Service of process in court proceedings erty,or both,are transported by motor carrier— (a) Designation of Agent.—A motor carrier or broker provid- (1) between a place fin— ing transportation subject to jurisdiction under chapter 135, (A) a State and a place in another State; including a motor carrier or broker operating within the United States while providing transportation between places in a foreign a State and another place in the same State country or between a place in one foreign country and a place in through another State; another foreign country,shall designate an agent in each State in (C) the United States and a place in a territory or which it operates by name and post office address on whom pro- possession of the United States to the extent the transportation is cess issued by a court with subject matter jurisdiction may be in the United States; served in an action brought against that carrier or broker. The (D) the United States and another place in the United designation shall be in writing and filed with the Department of States through a foreign country to the extent the transportation is Transportation and each State in which the carrier operates may in the United States,or require that an additional designation be filed with it. If a designa tion under this subsection is not made,service may be made on (E) the United States and a place in a foreign country any agent of the carrier or broker within that State. to the extent the transportation is in the United States; and (b) Change.—A designation under this section may be (2) in a reservation under the exclusive jurisdiction of the changed at any time in the same manner as originally made. United States or on a public highway. Sec. 13502. Exempt transportation between Alaska CHAPTER 135 —JURISDICTION and other States SUBCHAPTER I — MOTOR CARRIER To the extent that transportation by a motor carrier between a TRANSPORTATION place in Alaska and a place in another State under section 13501 is provided in a foreign country— Sec. 13501. General jurisdiction. (1) neither the Secretary nor the Board has jurisdiction to Sec. 13502. Exempt transportation between Alaska and other impose a requirement over conduct of the motor carrier in the States. foreign country conflicting with a requirement of that country;but Sec. 13503. Exempt motor vehicle transportation in terminal (2) the motor carrier,as a condition of providing transpor- areas. tation in the United States,shall comply,with respect to all trans- Sec. 13504. Exempt motor carrier transportation entirely in one portation provided between Alaska and the other State,with the State. requirements of this part related to rates and practices applicable to the transportation. Sec. 13505. Transportation furthering a primary business. Sec. 13506. Miscellaneous motor carrier transportation exemptions. Sec. 13507. Mixed loads of regulated and unregulated property. pec. 13508. Liu'ed authority over cooperative associations. 30 PART B — MOTOR CARRIERS, ETC. Chapter 135 — Jurisdiction Sec. 13503. Exempt motor vehicle transportation in Sec. 13504. Exempt motor carrier transportation terminal areas entirely in one State (a) Transportation by Carriers.— Neither the Secretary nor the Board has jurisdiction under this (1) In general.—Neither the Secretary nor the Board has subchapter over transportation,except transportation of house- jurisdiction under this subchapter over transportation by motor hold goods,by a motor carrier operating solely within the State of vehicle provided in a terminal area when the transportation— Hawaii. The State of Hawaii may regulate transportation exempt from jurisdiction under this section and,to the extent provided by (A) is a transfer, collection,or delivery; a motor carrier operating solely within the State of Hawaii,trans- (B) is provided by— portation exempt under section 13503 of this title. (i) a rail carrier subject to jurisdiction under chapter 105; Sec. 13505. Transportation furthering a primary (ii) a water carrier subject to jurisdiction under business subchapter II of this chapter;or (a) In General.—Neither the Secretary nor the Board has (iii) a freight forwarder subject to jurisdiction jurisdiction under this part over the transportation of property by under subchapter III of this chapter;and motor vehicle when— (C) is incidental to transportation or service provided (1) the property is transported by a person engaged in a by the carrier or freight forwarder that is subject to jurisdiction business other than transportation;and under chapter 105 of this title or under subchapter II or III of this (2) the transportation is within the scope of,and furthers chapter. a primary business (other than transportation)of the person. (2) Applicability of other provisions.—Transportation (b) Corporate Families.— exempt from jurisdiction under paragraph (1) of this subsection is (1) In general.—Neither the Secretary nor the Board has subject to jurisdiction under chapter 105 when provided by such a rail carrier, under subchapter II of this chapter when provided by Jurisdiction under this part over transportation of property by such a water carrier,and under subchapter III of this chapter motor vehicle for compensation provided by a person who is a when provided by such a freight forwarder. member of a corporate family for other members of such corpo- rate family. (b) Transportation by Agent.— (2) Definition.—In this section, "corporate family" (1) In general.—Except to the extent provided by para- means a group of corporations consisting of a parent corporation graph (2)of this subsection, neither the Secretary nor the Board and all subsidiaries in which the parent corporation owns directly has jurisdiction under this subchapter over transportation by or indirectly a 100 percent interest. motor vehicle provided in a terminal area when the transpor- tation-- Sec. 13506. Miscellaneous motor carrier (A) is a transfer, collection.or delivery; and transportation exemptions (B) is provided by a person as an agent or under (a) In General.—Neither the Secretary nor the Board has other arrangement for— jurisdiction under this part over— (i) a rail carrier subject to jurisdiction under (1) a motor vehicle transporting only school children and chapter 105 of this title; teachers to or from school; (ii) a motor carrier subject to jurisdiction under (2) a motor vehicle providing taxicab service and having this subchapter; a capacity of not more than 6 passengers and not operated on a (iii) a water carrier subject to jurisdiction under regular route or between specified places; subchapter II of this chapter; or (3) a motor vehicle owned or operated by or for a hotel (iv) a freight forwarder subject to jurisdiction and only transporting hotel patrons between the hotel and the under subchapter III of this chapter. local station of a carrier, (2) Treatment of transportation by principal.—Trans- (4) a motor vehicle controlled and operated by a farmer portation exempt from jurisdiction under paragraph (1) of this and transporting— subsection is considered transportation provided by the carrier or (A) the farmer's agricultural or horticultural service provided by the freight forwarder for whom the transpor- commodities and products;or tation was provided and is subject to jurisdiction under chapter 105 of this title when provided for such a rail carrier, under this (B) supplies to the farm of the farmer; subchapter when provided for such a motor carrier, under sub- (5) a motor vehicle controlled and operated by a coopera- chapter II of this chapter when provided for such a water carrier, tive association (as defined by section 15(a)of the Agricultural and under subchapter III of this chapter when provided for such a Marketing Act(12 U.S.C. 1141j(a))or by a federation of co- freight forwarder. operative associations if the federation has no greater power or purposes than a cooperative association,except that if the coop- erative association or federation provides transportation for com- pensation between a place in a State and a place in another State, 31 ICC Termination Act of 1995 Puhlic Law 104-88 or between a place in a State and another place in the same State (11) transportation of used pallets and used empty ship- through another State— ping containers (including intermodal cargo containers), and other (A) for a nonmember that is not a farmer,cooperative used shipping devices (other than containers or devices used in association,federation,or the United States Government,the the transportation of motor vehicles or parts oh motor vehicles); transportation (except for transportation otherwise exempt under (12) transportation of natural, crushed,vesicular rock to this subchapter)— be used for decorative purposes; (i) shall be limited to transportation incidental to (13) transportation of wood chips; the primary transportation operation of the cooperative associa- (14) brokers for motor carriers of passengers,except as tion or federation and necessary for its effective performance; provided in section 13904(4);or and (ii) may not exceed in each fiscal year 25 (15) transportation of broken,crushed, or powdered glass. percent of the total transportation of the cooperative association (b) Exempt Unless Otherwise Necessary.—Except to the or federation between those places, measured by tonnage;and extent the Secretary or Board,as applicable,finds it necessary to exercise jurisdiction to carry out the transportation policy of (B) the transportation for all nonmembers may not section 13101,neither the Secretary nor the Board has juris- exceed in each fiscal year, measured by tonnage,the total trans- diction under this part over— portation between those places for the cooperative association or federation and its members during that fiscal year; (1) transportation provided entirely in a municipality, in contiguous municipalities,or in a zone that is adjacent to,and (6) transportation by motor vehicle of— commercially a part of,the municipality or municipalities, (A) ordinary livestock; except— (B) agricultural or horticultural commodities (other (A) when the transportation is under common con- than manufactured products thereof); trol, management,or arrangement for a continuous carriage or (C) commodities listed as exempt in the Commodity shipment to or from a place outside the municipality, municipal- List incorporated in ruling numbered 107, March 19, 1958, ities,or zone;or Bureau of Motor Carriers,Interstate Commerce Commission, (B) that in transporting passengers over a route other than frozen fruits,frozen berries,frozen vegetables, cocoa between a place in a State and a place in another State, or beans,coffee beans,tea, bananas,or hemp, or wool imported between a place in a State and another place in the same State from a foreign country,wool tops and oils,or wool waste through another State,the transportation is exempt from juris- (carded,spun,woven, or knitted); diction under this part only if the motor carrier operating the (D) cooked or uncooked fish,whether breaded or motor vehicle also is lawfully providing intrastate transportation of not, or frozen or fresh shellfish,or byproducts thereof not passengers over the entire route under the laws of each State intended for human consumption,other than fish or shellfish that through which the route runs; have been treated for preserving, such as canned, smoked, (2) transportation by motor vehicle provided casually, pickled,spiced,corned,or kippered products; and occasionally,or reciprocally but not as a regular occupation or (E) livestock and poultry feed and agricultural seeds business,except when a broker or other person sells or offers for and plants, if such products (excluding products otherwise sale passenger transportation provided by a person authorized to exempt under this paragraph)are transported to a site of agricul- transport passengers by motor vehicle under an application pend- tural production or to a business enterprise engaged in the sale to ing,or registration issued,under this part; or agricultural producers of goods used in agricultural production; (3) the emergency towing of an accidentally wrecked or (7) a motor vehicle used only to distribute newspapers; disabled motor vehicle. (8) (A) transportation of passengers by motor vehicle Sec. 13507. Mixed loads of regulated and incidental to transportation by aircraft; unregulated property (B) transportation of property(including baggage)by motor vehicle as part of a continuous movement which, prior or A motor carrier of property providing transportation exempt subsequent to such part of the continuous movement, has been from jurisdiction under paragraph (6), (8), (11), (12),or(13)of or will be transported by an air carrier or(to the extent so agreed section 13506(a) may transport property under such paragraph by the United States and approved by the Secretary) by a foreign in the same vehicle and at the same time as property which the air carrier; or carrier is authorized to transport under a registration issued under (C) transportation of property by motor vehicle in lieu section 13902(a). Such transportation shall not affect the unregu- of transportation by aircraft because of adverse weather condi- lated status of such exempt property or the regulated status of the tions or mechanical failure of the aircraft or other causes due to property which the carrier is authorized to transport under such circumstances beyond the control of the carrier or shipper; registration. (9) the operation of a motor vehicle in a national park or Sec. 13508. Limited authority over cooperative national monument; associations (10) a motor vehicle carrying not more than 15 individuals in a single,daily roundtrip to commute to and from work; (a) In General—Notwithstanding section 13506(a)(5), any cooperative association (as defined by section 15(a)of the Agricultural marketing Act(12 U.S.C. 1141,(a) or a federatic n of 32 PART B — MOTOR CARRIERS, ETC. Chapter 135 — Jurisdiction cooperative associations shall prepare and maintain such records (2) willfully does not specifically,completely,and truth- relating to transportation provided by such association or fully answer that question in 30 days from the date that the federation, in such form as the Secretary or the Board may question is required to be answered; require by regulation to carry out the provisions of such section (3) willfully does not maintain that record in the form and 13506(a)(5). The Secretary or the Board,or an employee desig- manner prescribed; nated by the Secretary or the Board, may on demand and display (4) knowingly and willfully falsifies,destroys, mutilates, of proper credentials— or changes that report or record; (1) inspect and examine the lands, buildings,and equip- (5) knowingly and willfully files a false report or record ment of such association or federation,and under this section; (2) inspect and copy any record of such association or (6) knowingly and willfully makes a false or incomplete federation. entry in that record about a business-related fact or transaction; (b) Reports.—Notwithstanding section 13506(a)(5),the or Secretary or the Board may require a cooperative association or (7) knowingly and willfully maintains a record in violation federation of cooperative associations described in subsection (a) of a regulation or order issued under this section shall be fined of this section to file reports with the Secretary or the Board con- not more than$5,000. taining answers to questions about transportation provided by such association or federation. (c) Enforcement.—The Secretary or the Board may bring a SUBCHAPTER II —WATER CARRIER civil action to enforce subsections (a)and (b)of this section or a TRANSPORTATION regulation or order of the Secretary or the Board issued under this section,when violated by a cooperative association or federation Sec. 13521. General jurisdiction of cooperative associations described in subsection (a). (d) Reporting Penalties.— (a) General Rules.—The Secretary and the Board have (1) In general.—A person required to make a report to jurisdiction over transportation insofar as water carriers are the Secretary or the Board,answer a question,or maintain a concerned— record under this section,or an officer,agent,or employee of that (1) by water carrier between a place in a State and a person,that— place in another State,even if part of the transportation is outside (A) does not make the report; the United States; (B) does not specifically,completely, and truthfully (2) by water carrier and motor carrier from a place in a answer the question;or State to a place in another State;except that if part of the trans- portation is outside the United States,the Secretary only has (C) does not maintain the record in the form and jurisdiction over that part of the transportation provided— manner prescribed under this section is liable to the United States (A) by motor carrier that is in the United States; and for a civil penalty of not more than$500 for each violation and for not more than$250 for each additional day the violation con- (B) by water carrier that is from a place in the United States to another place in the United States; and tinues. (2) Venue.—Trial in a civil action under paragraph (1) (3) by water carrier or by water carrier and motor carrier shall be in the judicial district in which— between a place in the United States and a place outside the (A) the cooperative association or federation of United States,to the extent that— cooperative associations has its principal office; (A) when the transportation is by motor carrier,the (B) the violation occurred;or transportation is provided in the United States; (C) the offender is found. (B) when the transportation is by water carrier to a place outside the United States,the transportation is provided by Process in the action may be served in the judicial district of water carrier from a place in the United States to another place in which the offender is an inhabitant or in which the offender may the United States before transshipment from a place in the United be found. States to a place outside the United States;and (e) Evasion Penalties.—A person,or an officer,employee, (C) when the transportation is by water carrier from or agent of that person,that by any means knowingly and willfully a place outside the United States,the transportation is provided tries to evade compliance with the provisions of this section shall by water carrier from a place in the United States to another place be fined at least$200 but not more than S500 for the first viola- in the United States after transshipment to a place in the United tion and at least 5250 but not more than S2,000 for a subsequent States from a place outside the United States. violation. (b) Definitions.—In this section,the terms "State" and (f) Recordkeeping Penalties.—A person required to make a "United States"include the territories and possessions of the report,answer a question,or maintain a record under this United States. section,or an officer, agent,or employee of that person,that— (1) willfully does not make that report; 33 ICC Termination Act of 1995 Public Law 104-88 SUBCHAPTER III — FREIGHT FORWARDER SERVICE fitness,or activities approved under section 13703 or 14302 or not terminated under section 13907(4)(2). Sec. 13531. General jurisdiction (2) Water carriers.—The Secretary or Board,as appli- cable, may not exempt a water carrier from the application of,or (a) In General.—The Secretary and the Board have juris- compliance with,section 13701 or 13702 for transportation in diction,as specified in this part, over service that a freight for- the non-contiguous domestic trade. warder undertakes to provide,or is authorized or required under (f) Continuation of Certain Existing Exemptions for Water this part to provide,to the extent transportation is provided in the Carriers.—The Secretary or Board, as applicable, shall not regu- United States and is between— late or exercise jurisdiction under this part over the transportation (1) a place in a State and a place in another State,even if by water carrier in the non-contiguous domestic trade of any part of the transportation is outside the United States; cargo or type of cargo or service which was not subject to regu- (2) a place in a State and another place in the same State lation by,or under the jurisdiction of, either the Federal Maritime through a place outside the State;or Commission or Interstate Commerce Commission under Federal (3) a place in the United States and a place outside the law in effect on November 1, 1995. United States. (b) Exemption of Certain Air Carrier Service.—Neither the CHAPTER 137 — RATES AND THROUGH ROUTES Secretary nor the Board has jurisdiction under subsection (a) of Sec. 13701. Requirements for reasonable rates,classifications, this section over service undertaken by a freight forwarder using through routes,rules, and practices for certain transportation of an air carrier subject to part A of subtitle VII of transportation. this title. Sec. 13702. Tariff requirement for certain transportation. SUBCHAPTER IV —AUTHORITY TO EXEMPT Sec. 13703. Certain collective activities;exemption from antitrust laws. Sec. 13704. Household goods rates--estimates;guarantees of Sec. 13541. Authority to exempt transportation or service. services Sec. 13705. Requirements for through routes among motor (a) In General.—In any matter subject to jurisdiction under carriers of passengers. this part,the Secretary or the Board,as applicable,shall exempt a Sec. 13706. Liability for payment of rates. person,class of persons,or a transaction or service from the Sec. 13707. Payment of rates. application, in whole or in part, of a provision of this part, or use this exemption authority to modify the application of a provision of Sec. 13708. Billing and collecting practices. this part as it applies to such person,class,transaction, or Sec. 13709. Procedures for resolving claims involving unfiled, service, when the Secretary or Board finds that the application of negotiated transportation rates. that provision— Sec. 13710. Additional billing and collecting practices. (1) is not necessary to carry out the transportation policy Sec. 13711. Alternative procedure for resolving undercharge of section 13101; disputes. (2) is not needed to protect shippers from the abuse of Sec. 13712. Government traffic. market power or that the transaction or service is of limited scope;and Sec. 13713. Food and grocery transportation. (3) is in the public interest. Sec. 13701. Requirements for reasonable rates, (b) Initiation of Proceeding.—The Secretary or Board, as classifications, through routes, rules, applicable, may,where appropriate, begin a proceeding under this section in the Secretary's or Board's own initiative or on applica— tion by an interested party. (a) Reasonableness.— (c) Period of Exemption.—The Secretary or Board,as appli- (1) Certain household goods transportation;joint rates cable, may specify the period of time during which an exemption involving water transportation.—A rate, classification, rule, or granted under this section is effective, practice related to transportation or service provided by a carrier (d) Revocation.—The Secretary or Board, as applicable, may subject to jurisdiction under chapter 135 for transportation or revoke an exemption,to the extent specified, on finding that appli- service involving— cation of a provision of this part to the person, class, or transpor- (A) a movement of household goods, tation is necessary to carry out the transportation policy of section 13101. (B) a rate for a movement by or with a water carrier in noncontiguous domestic trade, or (e) Limitations.— i (C) rates, rules,and classifications made collectively (1) In general.—The exemption authority under this by motor carriers under agreements approved pursuant to section section may not be used to relieve a person from the application 13703, must be reasonable. of,and compliance with,any law, rule,regulation,standard, or order pertaining to cargo loss and damage, insurance, safety 34 PART B — MOTOR CARRIERS, ETC. Chapter 137 — Rates and Through Routes (2) Through routes and divisions of joint rates.— another device. A rate contained in a tariff shall be stated in Through routes and divisions of joint rates for such transportation money of the United States. or service must be reasonable. (b) Tariff Requirements for Noncontiguous Domestic (b) Prescription by Board for Violations.—When the Board Trade.— finds it necessary to stop or prevent a violation of subsection (a), (1) Filing.—A carrier providing transportation or service the Board shall prescribe the rate,classification,rule, practice, described in subsection (a)(1)shall publish and file with the through route,or division of joint rates to be applied for such Board tariffs containing the rates established for such transpor- transportation or service. tation or service. The carriers shall keep such tariffs available for (c) Filing of Complaint.—A complaint that a rate, classifica- public inspection. The Board shall prescribe the form and manner tion, rule,or practice in noncontiguous domestic trade violates of publishing,filing,and keeping tariffs available for public subsection (a) may be filed with the Board. inspection under this subsection. (d) Zone of Reasonableness.— (2) Contents.—The Board may prescribe any specific (1) In general.—For purposes of this section,a rate or information and charges to be identified in a tariff, but at a mini- division of a motor carrier for service in noncontiguous domestic mum tariffs must identify plainly— trade or water carrier for port-to-port service in that trade is (A) the carriers that are parties to it; reasonable if the aggregate of increases and decreases in any (B) the places between which property will be trans- such rate or division is not more than 7.5 percent above,or more ported; than 10 percent below,the rate or division in effect 1 year before the effective date of the proposed rate or division. (C) terminal charges if a carrier provides transporta- tion or service subject to jurisdiction under subchapter III of (2) Adjustments to the zone.—The percentage specified chapter 135; in paragraph (1)shall be increased or decreased,as the case may be, by the percentage change in the Producers Price Index, (D) privileges given and facilities allowed; and as published by the Department of Labor,that has occurred (E) any rules that change, affect,or determine any during the most recent 1-year period before the date the rate or part of the published rate. division in question first took effect. (3) Inland divisions.—A carrier providing transportation (3) Determinations after complaint.—The Board shall or service described in subsection (a)(1) under a joint rate for a determine whether any rate or division of a carrier or service in through movement shall not be required to state separately or noncontiguous domestic trade which is not within the range otherwise reveal in tariff filings the inland divisions of that through described in paragraph (1) is reasonable if a complaint is filed rate. under subsection (c)or section 13702(b)(6). (4) Time-volume rates.—Rates in tariffs filed under this (4) Reparations.—Upon a finding of violation of subsec- subsection may vary with the volume of cargo offered over a tion (a),the Board shall award reparations to the complaining specified period of time. shipper or shippers in an amount equal to all sums assessed and (5) Changes.—The Board may permit carriers to change collected that exceed the determined reasonable rate, division, rates,classifications, rules, and practices without filing complete rate structure,or tariff. Upon complaint from any governmental tariffs under this subsection that cover matter that is not being agency or authority and upon a finding or violation of subsection changed when the Board finds that action to be consistent with (a),the Board shall make such orders as are just and shall require the public interest. Those carriers may either— the carrier to return,to the extent practicable,to shippers all amounts plus interest,which the Board finds to have been (A) publish new tariffs that incorporate changes,or assessed and collected in violation of subsection(a). (B) plainly indicate the proposed changes in the tariffs then in effect and make the tariffs as changed available for Sec. 13702. Tariff requirement for certain public inspection. transportation (6) Complaints.—A complaint that a rate or related rule or practice maintained in a tariff under this subsection violates (a) In General.—Except when providing transportation for section 13701(a) may be submitted to the Board for resolution. charitable purposes without charge,a carrier subject to juris diction under chapter 135 may provide transportation or service (c) Tariff Requirements for Household Goods Carriers.— that is— (1) In general.—A carrier providing transportation (1) in noncontiguous domestic trade,except with regard described in subsection (a)(2)shall maintain rates and related to bulk cargo,forest products, recycled metal scrap,waste paper, rules and practices in a published tariff. The tariff must be avail- and paper waste; or able for inspection by the Board and be made available for (2) for movement of household goods only if the rate for inspection by shippers upon reasonable request. such transportation or service is contained in a tariff that is in (2) Notice of availability.—A carrier that maintains a effect under this section. The carrier may not charge or receive a tariff under this subsection may not enforce the provisions of the different compensation for the transportation or service than the tariff unless the carrier has given notice that the tariff is available rate specified in the tariff,whether by returning a part of that rate for inspection in its bill of lading or by other actual notice to to a person,giving a person a privilege, allowing the use of a individuals whose shipments are subject to the tariff. facility that affects the value of that transportation or service, or (3) Requirements.—A carrier that maintains a tariff under this subsection is bound by the tariff except as ctherwise 35 ICC Termination Act of 1995 Public Law 104-88 provided in this part. A tariff that does not comply with this may be necessary to protect the public interest with regard to the subsection may not be enforced against any individual shipper. action, including issuing an order directing the parties to cease (4) Incorporation by reference.— A carrier may incor- and desist or modify the action. porate by reference the rates,terms, and other conditions of a (6) Effect of approval.—If the Board approves the tariff in agreements covering the transportation of household agreement or renews approval of the agreement, it may be made goods. and carried out under its terms and under the conditions required (5) Complaints.—A complaint that a rate or related rule by the Board, and the antitrust laws,as defined in the first section or practice maintained in a tariff under this subsection violates of the Clayton Act(15 U.S.C. 12),do not apply to parties and section 13701(a) may be submitted to the Board for resolution. other persons with respect to making or carrying out the (d) Invalidation.—The Board may invalidate a tariff prepared agreement. by a carrier or carriers under this section if that tariff violates this (b) Records.—The Board may require an organization estab- section or a regulation of the Board carrying out this section. lished or continued under an agreement approved under this section to maintain records and submit reports. The Board,or its Sec. 13703. Certain collective activities; exemption delegate, may inspect a record maintained under this section,or from antitrust laws monitor any organization's compliance with this section. (c) Review.—The Board may review an agreement approved (a) Agreements.— under this section,on its own initiative or on request,and shall (1) Authority to enter.—A motor carrier providing trans- change the conditions of approval or terminate it when necessary portation or service subject to jurisdiction under chapter 135 may to protect the public interest. Action of the Board under this enter into an agreement with one or more such carriers to section— establish— (1) approving an agreement, (A) through routes and joint rates; (2) denying,ending,or changing approval, (B) rates for the transportation of household goods; (3) prescribing the conditions on which approval is (C) classifications; granted,or (D) mileage guides; (4) changing those conditions has effect only as related to application of the antitrust laws referred to in subsection (a). (E) rules; (d) Expiration of Approvals; Renewals.—Subject to sub- (F) divisions; section (c),approval of an agreement under subsection (a) shall (G) rate adjustments of general application based on expire 3 years after the date of approval unless renewed under industry average carrier costs (so long as there is no discussion this subsection. The approval may be renewed upon request of of individual markets or particular single-line rates);or the parties to the agreement if such parties resubmit the agree- (H) procedures for joint consideration, initiation, or ment to the Board,the agreement is unchanged,and the Board establishment of matters described in subparagraphs (A)through approves such renewal. The Board shall approve the renewal (G) unless it finds that the renewal is not in the public interest. Parties to the agreement may continue to undertake activities (2) Submission of agreement to board;approval.—An pursuant to the previously approved agreement while the renewal agreement entered into under subsection (a) may be submitted by request is pending. any carrier or carriers that are parties to such agreement to the Board for approval and may be approved by the Board only if it (e) Existing Agreements.—Agreements approved under finds that such agreement is in the public interest. former section 10706(b) and in effect on the day before the effective date of this section shall be treated for purposes of this (3) Conditions.—The Board may require compliance section as approved by the Board under this section beginning on with reasonable conditions consistent with this part to assure that such effective date. the agreement furthers the transportation policy set forth in section 13101. (f) Limitations on Statutory Construction.— (4) Independently established rates.—Any carrier (1) Undercharge claims.—Nothing in this section shall which is a party to an agreement under paragraph (1) is not, and serve as a basis for any undercharge claim. may not be, precluded from independently establishing its own (2) Obligation of shipper.—Nothing in this title,the ICC rates,classification,and mileages or from adopting and using a Termination Act of 1995,or any amendments or repeals made by noncollectively made classification or mileage guide. such Act shall be construed as creating any obligation for a (5) Investigations.— shipper based solely on a classification that was on file with the Interstate Commerce Commission or elsewhere on the day before (A) Reasonableness.—The Board may suspend the effective date of this section. and investigate the reasonableness of any rate,rule,classifica tion,or rate adjustment of general application made pursuant to (g) Industry Standard Guides.— an agreement under this section. (1) In general.— (B) Actions not in the public interest.—The Board (A) Public availability.—Routes, rates,classifica- may investigate any action taken pursuant to an agreement tions,mileage guides, and rules established under agreements approved under this section. If the Board finds that the action is approved under this section shall be published and made avail- not in the public interest,the Board ma; take such m asures as able for public inspection upon request. 36 PART B — MOTOR CARRIERS, ETC. Chapter 137 — Rates and Through Routes (B) Participation of carriers.— of household goods at the times specified in the contract for such (i) In general.—A motor carrier of property services and which does not provide a penalty or per them pay- whose routes, rates,classifications, mileage guides,rules,or ment in the event the carrier fails to pick up or deliver household packaging are determined or governed by publications estab- goods at the specified time. lished under agreements approved under this section must parti- cipate in the determining or governing publication for such Sec. 13705. Requirements for through routes provisions to apply. among motor carriers of passengers (ii) Power of attorney.—The motor carrier of (a) Establishment; Reasonableness.—A motor carrier pro- property shall issue a power of attorney to the publishing agent viding transportation of passengers subject to jurisdiction under and, upon its acceptance,the agent shall issue a written certifi- subchapter I of chapter 135 shall establish through routes with cation to the motor carrier affirming its participation in the gov- other carriers of the same type and shall establish individual and erning publication, and the certification shall be made available joint rates applicable to them. Such through route must be for public inspection. reasonable. (2) Mileage limitation.—No carrier subject to juris- (b) Prescribed by Board.—When the Board finds it neces- diction under subchapter I or III of chapter 135 may enforce sary to enforce the requirements of this section,the Board may collection of its mileage rates unless such carrier— prescribe through routes and the conditions under which those (A) is a participant in a publication of mileages routes must be operated for motor carriers providing transpor- formulated under an agreement approved under this section;or tation of passengers subject to jurisdiction under subchapter I of (B) uses a publication of mileage (other than a pub- chapter 135. lication described in subparagraph (A))that can be examined by any interested person upon reasonable request. Sec. 13706. Liability for payment of rates (h) Single Line Rate Defined.—In this section,the term (a) Liability of Consignee.—Liability for payment of rates for single line rate, means a rate,charge,or allowance proposed by a transportation for a shipment of property by a shipper or con- single motor carrier that is applicable only over its line and for signor to a consignee other than the shipper or consignor, is which the transportation can be provided by that carrier. determined under this section when the transportation is provided by motor carrier under this part. When the shipper or consignor Sec. 13704. Household goods rates—estimates; instructs the carrier transporting the property to deliver it to a guarantees of service consignee that is an agent only, not having beneficial title to the property,the consignee is liable for rates billed at the time of (a) In General.— delivery for which the consignee is otherwise liable, but not for (1) Authority.—Subject to the provisions of paragraph additional rates that may be found to be due after delivery if the (2)of this subsection,a motor carrier providing transportation of consignee gives written notice to the delivering carrier before household goods subject to jurisdiction under subchapter I of delivery of the property— chapter 135 may establish a rate for the transportation of house- (1) of the agency and absence of beneficial title; and hold goods which is based on the carrier's written, binding (2) of the name and address of the beneficial owner of estimate of charges for providing such transportation. the property if it is reconsigned or diverted to a place other than (2) Nonpreferential;nonpredatory.—Any rate estab- the place specified in the original bill of lading. lished under this subsection must be available on a nonpreferen- (b) Liability of Beneficial Owner.—When the consignee is tial basis to shippers and must not result in charges to shippers liable only for rates billed at the time of delivery under subsection which are predatory. (a),the shipper or consignor, or, if the property is reconsigned or (b) Rates for Guaranteed Service.— diverted,the beneficial owner is liable for those additional rates (1) Authority.—Subject to the provisions of paragraph regardless of the bill of the lading or contract under which the (2)of this subsection,a motor carrier providing transportation of property was transported.The beneficial owner is liable for all household goods subject to jurisdiction under subchapter I of rates when the property is reconsigned or diverted by an agent chapter 135 may establish rates for the transportation of house- but is refused or abandoned at its ultimate destination if the agent hold goods which guarantee that the carrier will pick up and gave the carrier in the reconsignment or diversion order a notice deliver such household goods at the times specified in the of agency and the name and address of the beneficial owner. A contract for such services and provide a penalty or per them pay- consignee giving the carrier erroneous information about the ment in the event the carrier fails to pick up or deliver such identity of the beneficial owner of the property is liable for the household goods at the specified time.The charges, if any,for additional rates. such guarantee and penalty provisions may vary to reflect one or more options available to meet a particular shipper's needs. Sec. 13707. Payment of rates (2) Authority of secretary to require nonguaranteed (a) Transfer of Possession Upon Payment.—Except as pro- service rates.—Before a carrier may establish a rate for any ser- vided in subsection (b),a carrier providing transportation or vice under paragraph (1)of this subsection, the Secretary may service subject to jurisdiction under this part shall give up require such carrier to have in effect and keep in effect,during possession at the destination of the property transported by it any period such rate is in effect under paragraph (1),a rate for only when payment for the transportation or service is made. such service which does not guarantee the pick up and delivery 37 ICC Termination Act of 1995 Public Law 104-88 (b) Exceptions.— (i) the person was offered a transportation rate (1) Regulations.—Under regulations of the Secretary by the carrier or freight forwarder other than that legally on file at governing the payment for transportation and service and pre- the time with the Board or with the Interstate Commerce Commis- venting discrimination,those carriers may give up possession at sion,as required,for the transportation service; destination of property transported by them before payment for (ii) the person tendered freight to the carrier or the transportation or service. The regulations of the Secretary freight forwarder in reasonable reliance upon the offered transpor- may provide for weekly or monthly payment for transportation tation rate; provided by motor carriers and for periodic payment for transpor- (iii) the carrier or freight forwarder did not prop- tation provided by water carriers. edy or timely file with the Board or with the Interstate Commerce (2) Extensions of credit to governmental entities.— Commission,as required,a tariff providing for such transporta- Such a carrier(including a motor carrier being used by a house- tion rate or failed to enter into an agreement for contract carriage; hold goods freight forwarder)may extend credit for transporting (iv) such transportation rate was billed and property for the United States Government,a State,a territory or collected by the carrier or freight forwarder;and possession of the United States,or a political subdivision of any of them. (v) the carrier or freight forwarder demands additional payment of a higher rate filed in a tariff. Sec. 13708. Billing and collecting practices (2) Forum.—If there is a dispute as to the showing under paragraph(1)(A),such dispute shall be resolved by the (a) Disclosure.—A motor carrier subject to jurisdiction under court in which the claim is brought. If there is a dispute as to the subchapter I of chapter 135 shall disclose,when a document is showing under paragraph(1)(B),such dispute shall be resolved presented or electronically transmitted for payment to the person by the Board. Pending the resolution of any such dispute,the responsible directly to the motor carrier for payment or agent of person shall not have to pay any additional compensation to the such responsible person,the actual rates,charges,or allowances carrier or freight forwarder. for any transportation service and shall also disclose,at such time,whether and to whom any allowance or reduction in charges (3) Effect of satisfaction of claims.—Satisfaction of the timade. claim under subsection(b), (c),or(d)shall be binding on the is parties,and the parties shall not be subject to chapter 119 of this (b) False or Misleading Information.—No person may title,as such chapter was in effect on the day before the effective cause a motor carrier to present false or misleading information date of this section,or chapter 149. on a document about the actual rate,charge,or allowance to any party to the transaction. (b) Claims Involving Shipments Weighing 10,000 Pounds or Less.—A person from whom the additional legally applicable and (c) Allowances for Services.—When the actual rate,charge, effective tariff rate or charges are sought may elect to satisfy the or allowance is dependent upon the performance of a service by claim if the shipments each weighed 10,000 pounds or less,by a party to the transportation arrangement,such as tendering.a payment of 20 percent of the difference between the carrier's volume of freight over a stated period of time,the motor carrier applicable and effective tariff rate and the rate originally billed and shall indicate in any document presented for payment to the paid. In the event that a dispute arises as to the rate that was person responsible directly to the motor carrier that a reduction, legally applicable to the shipment,such dispute shall be resolved allowance,or other adjustment may apply. by the Board. Sec. 13709. Procedures for resolving claims (c) Claims Involving Shipments Weighing More Than 10,000 Pounds.—A person from whom the additional legally involving unfiled, negotiated applicable and effective tariff rate or charges are sought may elect transportation rates to satisfy the claim if the shipments each weighed more than (a) Transportation Provided at Rates Other Than Legal Tariff 10,000 pounds,by payment of 15 percent of the difference Rates.— between the carrier's applicable and effective tariff rate and the rate originally billed and paid. In the event that a dispute arises as (1) In general.—When a claim is made by a motor to the rate that was legally applicable to the shipment,such carrier of property(other than a household goods carder) dispute shall be resolved by the Board. providing transportation subject to jurisdiction under subchapter II (d) Claims Involving Public Warehousemen.—Notwith- of chapter 105(as in effect on the day before the effective date of standing subsections(b)and (c),a person from whom the addi- this section)or subchapter I of chapter 135,by a freight for- tional legally applicable and effective tariff rate or charges are warder(other than a household goods freight forwarder),or by a sought may elect to satisfy the claim by payment of 5 percent of party representing such a carrier or freight forwarder regarding the difference between the carrier's applicable and effective tariff the collection of rates or charges for such transportation in addi- rate and the rate originally billed and paid 0 such person is a tion to those originally billed and collected by the carrier or freight public warehouseman. In the event that a dispute arises as to the forwarder for such transportation,the person against whom the rate that was legally applicable to the shipment,such dispute shall claim is made may elect to satisfy the claim under the provisions resolved by the Board. of subsection(b), (c),or(d),upon showing that be— (A) the carrier or freight forwarder is no longer trans- (e) Effects of Election.—When a person from whom addi- porting property or is transporting property for the purpose of tional legally applicable freight rates or charges are sought does avoiding the application of this section;and not elect to use the provisions of subsection(b), (c)or(d),the ,)erson may pursue all rights and remedies existing under this (B) with respect to the claim— ;)art or,for tra asportation provided before the effective date of this 38 PART B — MOTOR CARRIERS, ETC. Chapter 137 — Rates and Through Routes section, all rights and remedies that existed under this title on the (B) if such person is an organization which is day before such effective date. described in section 501(c)(3)of the Internal Revenue Code of (f) Stay of Additional Compensation.—When a person pro- 1986 and exempt from tax under section 501(a)of such Code, or ceeds under this section to challenge the reasonableness of the (C) if the cargo involved in the claim is recyclable legally applicable freight rate or charges being claimed by a materials. carrier or freight forwarder in addition to those already billed and (2) Recyclable materials defined.—In this subsection, collected,the person shall not have to pay any additional com- the term"recyclable materials" means waste products for pensation to the carrier or freight forwarder until the Board has recycling or reuse in the furtherance of recognized pollution made a determination as to the reasonableness of the challenged control programs. rate as applied to the freight of the person against whom the claim is made. Sec. 13710. Additional billing and collecting (g) Notification of Election.— practices (1) General rule.—A person must notify the carrier or freight forwarder as to its election to proceed tinder subsection (a) Miscellaneous Provisions.— (b), (c),or(d). Except as provided in paragraphs (2), (3), and (1) Information relating to basis of rate.—A motor car- (4), such election may be made at any time. rier of property(other than a motor carrier providing transpor- (2) Demands for payment initially made after Decem- tation in noncontiguous domestic trade)shall provide to the ber 3, 1993.—If the carrier or freight forwarder or party repre- shipper,on request of the shipper,a written or electronic copy of senting such carrier or freight forwarder initially demands the the rate,classification,rules,and practices, upon which any rate payment of additional freight charges after December 3, 1993, applicable to its shipment or agreed to between the shipper and and notifies the person from whom additional freight charges are carrier is based. sought of the provisions of subsections (a)through (f) at the time (2) Reasonableness of rates;collecting additional of the making of such initial demand,the election must be made charges.— When the applicability or reasonableness of the rates not later than the later of— and related provisions billed by a motor carrier is challenged by (A) the 60th day following the filing of an answer to a the person paying the freight charges,the Board shall determine suit for the collection of such additional legally applicable freight whether such rates and provisions are reasonable under section rate or charges,or 13701 or applicable based on the record before it. (B) March 5, 1994. (3) Billing disputes.— (3) Pending suits for collection made before Decem- (A) Initiated by motor carriers.—In those cases ber 4, 1993.—If the carrier or freight forwarder or party repre- where a motor carrier(other than a motor carrier providing trans- senting such carrier or freight forwarder has filed, before portation of household goods or in noncontiguous domestic December 4, 1993,a suit for the collection of additional freight trade)seeks to collect charges in addition to those billed and charges and notifies the person from whom additional freight collected which are contested by the payor,the carrier may charges are sought of the provisions of subsections (a)through request that the Board determine whether any additional charges (f),the election must be made not later than the 90th day over those billed and collected must be paid. A carrier must following the date on which such notification is received. issue any bill for charges in addition to those originally billed within 180 days of the receipt of the original bill in order to have (4) Demands for payment made before December 4, the right to collect such charges. 1993.—If the carrier or freight forwarder or party representing (B) Initiated by shippers.—If a shipper seeks to such carrier or freight forwarder has demanded the payment of additional freight charges,and has not filed a suit for the collec- contest the charges originally billed or additional charges subse- tion of such additional freight charges, before December 4, 1993, quently billed,the shipper may request that the Board determine and notifies the person from whom additional freight charges are whether the charges billed must be paid. A shipper must contest sought of the provisions of subsections (a)through (f),the the original bill or subsequent bill within 180 days of receipt of the election must be made not later than the later of— bill in order to have the right to contest such charges. (4) Voiding of certain tariffs.—Any tariff on file with the (A) the 60th day following the filing of an answer to a suit for the collection of such additional legally applicable freight Interstate Commerce Commission on August 26, 1994,and not rate or charges,or required to be filed after that date is null and void beginning on that date. Any tariff on file with the Interstate Commerce Com- (B) March 5, 1994. mission on the effective date of this section and not required to be (h) Claims Involving Small-Business Concerns,Charitable filed after that date is null and void beginning on that date. Organizations,and Recyclable Materials.— (b) Resolution of Disputes Over Status of Common Carrier (1) In general.—Notwithstanding subsections (b), (c), or Contract Carrier.—If a motor carrier(other than a motor and (d),a person from whom the additional legally applicable and carrier providing transportation of household goods)that was effective tariff rate or charges are sought shall not be liable for the subject to jurisdiction under subchapter II of chapter 105,as in difference between the carrier's applicable and effective tariff rate effect on the day before the effective date of this section, and that and the rate originally billed and paid— had authority to provide transportation as both a motor common (A) if such person qualifies as a small-business con- carrier and a motor contract carrier and a dispute arises as to cern under the Small Business Act(15 U.S.C. 631 et seq.!, v,Nether certain transportation that was provided prior to the e`ective date of this section was provided in its common ;arrier 39 ICC Termination Act of 1995 Public Law 104-88 or contract carrier capacity and the parties are not able to resolve subsection (a)to attempt to charge or to charge the difference the dispute consensually,the Board shall resolve the dispute. described in subsection(a) between the applicable rate and the negotiated rate for the transportation service in addition to those Sec. 13711. Alternative procedure for resolving charges already billed and collected for the transportation service, undercharge disputes the person shall not have to pay any additional compensation to the carrier,freight forwarder, or party until the Board has made a (a) General Rule.—It shall be an unreasonable practice for a determination as to the reasonableness of the practice as applied motor carrier of property(other than a household goods carrier) to the freight of the person against whom the claim is made. providing transportation subject to jurisdiction under subchapter I (d) Treatment.—Subsection (a) is an exception to the of chapter 135 or, before the effective date of this section,to have requirements of section 13702 and,for transportation provided provided transportation that was subject to jurisdiction under before the effective date of this section,to the requirements of subchapter II of chapter 105, as in effect on the day before the sections 10761(a) and 10762,as in effect on the day before such effective date of this section,a freight forwarder(other than a effective date,as such sections relate to a filed tariff rate and other household goods freight forwarder),or a party representing such general tariff requirements. a carrier or freight forwarder to attempt to charge or to charge for a transportation service the difference between (1)the applicable (e) Nonapplicability of Negotiated Rate Dispute Resolution rate that was lawfully in effect pursuant to a tariff that was filed in Procedure.—If a person elects to seek enforcement of sub- accordance with this chapter or,with respect to transportation section(a)with respect to a rate for a transportation or service, provided before the effective date of this section, in accordance section 13709 shall not apply to such rate. with chapter 107,as in effect on the date the transportation was (f) Definitions.—In this section,the term"negotiated rate" provided, by the carrier or freight forwarder applicable to such means a rate,charge,classification,or rule agreed upon by a transportation service, and (2)the negotiated rate for such trans- motor carrier or freight forwarder and a shipper through nego- portation service if the carrier or freight forwarder is no longer tiations pursuant to which no tariff was lawfully and timely filed transporting property between places described in section and for which there is written evidence of such agreement. 13501(1)or is transporting property between places described in (g) Applicability to Pending Cases.—This section shall apply section 13501(1)for the purpose of avoiding application of this to all cases and proceedings pending on the effective date of this section, section. (b) Jurisdiction of Board.— (1) Determination.—The Board shall have jurisdiction to Sec. 13712. Government traffic make a determination of whether or not attempting to charge or A carrier providing transportation or service for the United the charging of a rate by a motor carrier or freight forwarder or States Government may transport property or individuals for the party representing a motor carrier or freight forwarder is an United States Government without charge or at a rate reduced unreasonable practice under subsection(a). If the Board deter- from the applicable commercial rate. Section 3709 of the Revised mines that attempting to charge or the charging of the rate is an Statutes (41 U.S.C. 5)does not apply when transportation for the unreasonable practice under subsection (a),the carrier,freight United States Government can be obtained from a carrier lawfully forwarder,or party may not collect the difference described in operating in the area where the transportation would be provided. subsection (a) between the applicable rate and the negotiated rate for the transportation service. Sec. 13713. Food and grocery transportation (2) Factors to consider.—In making a determination under paragraph the Board shall consider— (a) Certain Compensation Prohibited.—Notwithstanding any (A) whether the person was offered a transportation other provision of law, it shall not be unlawful for a seller of food rate by the carrier or freight forwarder or party other than that and grocery products using a uniform zone delivered pricing legally on file with the Interstate Commerce Commission or the system to compensate a customer who picks up purchased food Board,as required,at the time of the movement for the trans- and grocery products at the shipping point of the seller if such portation service; compensation is available to all customers of the seller on a nondiscriminatory basis and does not exceed the actual cost to (B) whether the person tendered freight to the carrier the seller of delivery to such customer. or freight forwarder in reasonable reliance upon the offered trans- (b) Sense of Congress.—It is the sense of the Congress that portation rate; any savings accruing to a customer by reason of compensation (C) whether the carrier or freight forwarder did not permitted by subsection (a) of this section should be passed on to properly or timely file with the Interstate Commerce Commission the ultimate consumer. or the Board,as required,a tariff providing for such transportation rate or failed to enter into an agreement for contract carriage; CHAPTER 139 — REGISTRATION (D) whether the transportation rate was billed and collected by the carrier or freight forwarder;and Sec. 13901. Requirement for registration. (E) whether the carrier or freight forwarder or party Sec. 13902. Registration of motor carriers. demands additional payment of a higher rate filed in a tariff. Sec. 13903. Registration of freight forwarders. (c) Stay of Additional Compensation.—When a person pro- Sec. 13904. Registration of brokers. ceeds under this section to challenge the reasonableness of the practice of a motor carrier.fre ght forwarder or party described in Sec. 13905. Effective periods of registrati m. 40 PART B — MOTOR CARRIERS, ETC. Chapter 139 — Registration Sec. 13906. Security of motor carriers, brokers,and freight (A) Charter transportation.—The Secretary shall forwarders. register under subsection (a)(1) a public recipient of govern- Sec. 13907. Household goods agents. mental assistance to provide special or charter transportation subject to jurisdiction under subchapter I of chapter 135 as a Sec. 13908. Registration and other reforms. motor carrier of passengers if the Secretary finds that— Sec. 13901. Requirement for registration (i) the recipient meets the requirements of sub- section (a)(1);and A person may provide transportation or service subject to (ii) no motor carrier of passengers (other than a jurisdiction under subchapter I or III of chapter 135 or be a broker motor carrier of passengers which is a public recipient of govern- for transportation subject to jurisdiction under subchapter I of that mental assistance)is providing,or is willing to provide,the trans- chapter,only if the person is registered under this chapter to portation;or provide the transportation or service. (iii) the transportation is to be provided entirely Sec. 13902. Registration of motor carriers in the area in which the public recipient provides regularly sched- uled mass transportation services. (a) Motor Carrier Generally.— (B) Regular-route transportation.—The Secretary (1) In general.—Except as provided in this section,the shall register under subsection (a)(1) a public recipient of govern- Secretary shall register a person to provide transportation subject mental assistance to provide regular-route transportation subject to jurisdiction under subchapter I of chapter 135 of this title as a to jurisdiction under subchapter I of chapter 135 as a motor car- motor carrier if the Secretary finds that the person is willing and rier of passengers if the Secretary finds that the recipient meets able to comply with— the requirements of subsection (a)(1), unless the Secretary finds, (A) this part and the applicable regulations of the on the basis of evidence presented by any person objecting to the Secretary and the Board; registration,that the transportation to be provided pursuant to the registration is not in the public interest. (B) any safety regulations imposed by the Secretary (C) Treatment of certain public recipients.—Any and the safety fitness requirements established by the Secretary public recipient of governmental assistance which is providing or under section 31144;and seeking to provide transportation of passengers subject to juris- (C) the minimum financial responsibility require- diction under subchapter I of chapter 135 shall,for purposes of ments established by the Secretary pursuant to sections 13906 this part, be treated as a person which is providing or seeking to and 31138. provide transportation of passengers subject to such jurisdiction. (2) Consideration of evidence;findings.—The Secre- (3) Intrastate transportation by interstate carriers.—A tary shall consider and,to the extent applicable, make findings motor carrier of passengers that is registered by the Secretary on,any evidence demonstrating that the registrant is unable to under subsection (a) is authorized to provide regular-route trans- comply with the requirements of subparagraph (A), (B),or(C) of portation entirely in one State as a motor carrier of passengers if paragraph (1). such intrastate transportation is to be provided on a route over (3) Withholding.—If the Secretary determines that any which the carrier provides interstate transportation of passengers. registrant under this section does not meet the requirements of (4) Preemption of state regulation regarding certain paragraph (1),the Secretary shall withhold registration. service.—No State or political subdivision thereof and no inter- (4) Limitation on complaints.—The Secretary may hear state agency or other political agency of 2 or more States shall a complaint from any person concerning a registration under this enact or enforce any law, rule, regulation, standard or other pro- subsection only on the ground that the registrant fails or will fail to vision having the force and effect of law relating to the provision comply with this part,the applicable regulations of the Secretary of pickup and delivery of express packages, newspapers, or mail and the Board,the safety regulations of the Secretary,or the in a commercial zone if the shipment has had or will have a prior safety fitness or minimum financial responsibility requirements of or subsequent movement by bus in intrastate commerce and, if a paragraph (1)of this subsection. city within the commercial zone, is served by a motor carrier of (b) Motor Carriers of Passengers.— passengers providing regular-route transportation of passengers subject to jurisdiction under subchapter I of chapter 135. (1) Registration of private recipients of governmental (5) Jurisdiction over certain intrastate transporta- assistance.—The Secretary shall register under subsection tion.—Subject to section 14501(a), any intrastate transportation (a)(1)a private recipient of governmental assistance to provide authorized by this subsection shall be treated as transportation special or charter transportation subject to jurisdiction under sub- subject to jurisdiction under subchapter I of chapter 135 until chapter I of chapter 135 as a motor carrier of passengers if the such time as the carrier takes such action as is necessary to Secretary finds that the recipient meets the requirements of establish under the laws of such State rates, rules,and practices subsection (a)(1), unless the Secretary finds,on the basis of applicable to such transportation, but in no case later than the evidence presented by any person objecting to the registration, 30th day following the date on which the motor carrier of passen- that the transportation to be provided pursuant to the registration gers first begins providing transportation entirely in one State is not in the public interest. under this paragraph. (2) Registration of public recipients of governmental (6) Special operations.—This subsection shall not apply assistance.— to any regular-route transportation of passengers provided entirely in one State which is in the latu e of a specia' operation. 41 ICC Termination Act of 1995 Public Law 104-88 (7) suspension or revocation.—Intrastate transportation under paragraph(1)or(3),nothing in this subsection shall authorized under this subsection may be suspended or revoked affect— by the Secretary under section 13905 of this title at any time. (A) operations of motor carriers of property or pas- (8) Definitions.—In this subsection,the following sengers domiciled in any contiguous foreign country or owned or definitions apply: controlled by persons of any contiguous foreign country permit- (A) Public recipient of governmental assistance.— ted in the commercial zones along the United States-Mexico The term"public recipient of governmental assistance"means— border as such zones were defined on the day before the effective date of this section;or (i) any State. (B) any existing restrictions on operations of motor (ii) any municipality or other political subdivision carriers of property or passengers domiciled in any contiguous of a State, foreign country or owned or controlled by persons of any contigu- (iii) any public agency or instrumentality of one ous foreign country or any modifications thereof pursuant to or more States and municipalities and political subdivisions of a section 6 of the Bus Regulatory Reform Act of 1982. State, (5) Publication;comment.—Unless the President,or the (iv) any Indian tribe, delegate thereof,determines that expeditious action is required, (v) any corporation,board,or other person the President shall publish in the Federal Register any determina- owned or controlled by any entity described in clause(i), (ii), (iii), tion under paragraph(1)or(3),together with a description of the or(iv),and which before,on,or after the effective date of this facts on which such a determination is based and any proposed subsection received governmental assistance for the purchase or action to be taken pursuant to paragraph(1)(B)or(3),and pro- operation of any bus. vide an opportunity for public comment. (B) Private recipient of government assistance.— (6) Delegation to secretary.—The President may dele- The term"private recipient of government assistance"means any gate any or all authority under this subsection to the Secretary, person(other than a person described in subparagraph(A))who who shall consult with other agencies as appropriate. In accor- before,on,or after the effective date of this paragraph received dance with the directions of the President,the Secretary may governmental financial assistance in the form of a subsidy for the issue regulations to enforce this subsection. purchase,lease,or operation of any bus. (7) Civil actions.—Either the Secretary or the Attorney (c) Restrictions on Motor Carriers Domiciled in or Owned or General may bring a civil action in an appropriate district court of Controlled by Nationals of a Contiguous Foreign Country.— the United States to enforce this subsection or a regulation pre- scribed or order issued under this subsection. The court may (1) Prevention of discriminatory practices.—If the award appropriate relief,including injunctive relief. President,or the delegate thereof,determines that an act, policy, or practice of a foreign country contiguous to the United States, (8) Limitation on statutory construction.—This subsec- or any political subdivision or any instrumentality of any such tion shall not be construed as affecting the requirement for all country is unreasonable or discriminatory and burdens or foreign motor carriers and foreign motor private carriers operating restricts United States transportation companies providing,or in the United States to comply with all applicable laws and regula- seeking to provide,motor carrier transportation to,from,or within tions pertaining to fitness,safety of operations,financial responsi- such foreign country,the President or such delegate may— bility,and taxes imposed by section 4481 of the Internal Revenue Code of 1986. (A) seek elimination of such practices through con (d) Transition Rule.— sultations;or (B) notwithstanding any other provision of law,sus- (1) In general.—Pending the implementation of the rule- pend, modify,amend,condition,or restrict operations,including making required by section 13908,the Secretary may register a geographical restriction of operations,in the United States by person under this section— motor carriers of property or passengers domiciled in such (A) as a motor common carrier if such person would foreign country or owned or controlled by persons of such foreign have been issued a certificate to provide transportation as a country. motor common carrier under this subtitle on the day before the (2) Equalization of treatment.— An action taken under effective date of this section;and paragraph(1)(A)to eliminate an act,policy,or practice shall be (B) as a motor contract carrier if such person would so devised so as to equal to the extent possible the burdens or have been issued a permit to provide transportation as a motor restrictions imposed by such foreign country on United States contract carrier under this subtitle on such day. transportation companies. (2) Definitions.—In this subsection,the terms"motor (3) Removal or modification.—The President,or the common carrier"and"motor contract carrier"have the meaning delegate thereof,may remove or modify in whole or in part any such terms had under section 10102 as such section was in action taken under paragraph(1)(A)if the President or such dele- effect on the day before the effective date of this section. gate determines that such removal or modification is consistent (e) Motor Carrier Defined.—In this section and sections with the obligations of the United States under a trade agreement 13905 and 13906,the term"motor carrier"includes foreign or with United States transportation policy. motor private carriers. (4) Protection of existing operations.—Unless and until the President,or the delegate thereof,makes a determination 42 PART B — MOTOR CARRIERS, ETC. Chapter 139 — Registration Sec. 13903. Registration of freight forwarders I (d) Procedure.—Except on application of the registrant,the Secretary may revoke a registration of a motor carrier,freight (a) In General.—The Secretary shall register a person to forwarder,or broker, only after— provide service subject to jurisdiction under subchapter III of chapter 135 as a freight forwarder if the Secretary finds that the (1) the Secretary has issued an order to the registrant under section 14701 requiring compliance with this part,a regu- person is fit, willing, and able to provide the service and to com- ply with this part and applicable regulations of the Secretary and lotion of the Secretary, or a condition of the registration;and the Board. (2) the registrant willfully does not comply with the order (b) Registration as Carrier Required.—The freight forwarder for a period of 30 days. may provide transportation as the carrier itself only if the freight (e) Expedited Procedure.— forwarder also has registered to provide transportation as a (1) Protection of safety.—Without regard to sub- carrier under this chapter. chapter II of chapter 5 of title 5,the Secretary may suspend the registration of a motor carrier,a freight forwarder,or a broker for Sec. 13904. Registration of brokers failure to comply with safety requirements of the Secretary or the (a) In General.—The Secretary shall register,subject to safety fitness requirements pursuant to section 13904(c), 13906, section 13906(b), a person to be a broker for transportation of or 31144,of this title, or an order or regulation of the Secretary property subject to jurisdiction under subchapter I of chapter 135, prescribed under those sections. if the Secretary finds that the person is fit,willing, and able to be (2) Imminent hazard to public health.—Without regard a broker for transportation and to comply with this part and to subchapter II of chapter 5 of title 5,the Secretary may suspend applicable regulations of the Secretary. a registration of a motor carrier of passengers if the Secretary (b) Registration as Carrier Required.— finds that such carrier has been conducting unsafe operations which are an imminent hazard to public health or property. (1) In general.—The broker may provide the transporta- (3) Notice; period of suspension.—The Secretary may tion itself only if the broker also has been registered to provide the suspend under this subsection the registration only after giving transportation as a motor carrier under this chapter. notice of the suspension to the registrant. The suspension re- (2) Limitation.—This subsection does not apply to a mains in effect until the registrant complies with those applicable motor carrier registered under this chapter or to an employee or sections or,in the case of a suspension under paragraph (2), until agent of the motor carrier to the extent the transportation is to be the Secretary revokes such suspension. provided entirely by the motor carrier,with other registered motor carriers, or with rail or water carriers. Sec. 13906. Security of motor carriers, brokers, and (c) Regulations to Protect Shippers.—Regulations of the freight forwarders Secretary applicable to brokers registered under this section shall provide for the protection of shippers by motor vehicle. (a) Motor Carrier Requirements.— (d) Bond and Insurance.—The Secretary may impose on (1) Liability insurance requirement.—The Secretary brokers for motor carriers of passengers such requirements for may register a motor carrier under section 13902 only if the bonds or insurance or both as the Secretary determines are registrant files with the Secretary a bond, insurance policy,or needed to protect passengers and carriers dealing with such other type of security approved by the Secretary, in an amount not brokers. less than such amount as the Secretary prescribes pursuant to, or as is required by,sections 31138 and 31139,and the laws of the Sec. 13905. Effective periods of registration State or States in which the registrant is operating,to the extent applicable. The security must be sufficient to pay, not more than (a) Person Holding ICC Authority.—Any person having the amount of the security,for each final judgment against the authority to provide transportation or service as a motor carrier, registrant for bodily injury to,or death of,an individual resulting freight forwarder,or broker under this title, as in effect on the day from the negligent operation,maintenance,or use of motor before the effective date of this section,shall be deemed,for vehicles, or for loss or damage to property(except property purposes of this part,to be registered to provide such trans- referred to in paragraph (3)of this subsection),or both. A portation or service under this part. registration remains in effect only as long as the registrant con- (b) In General.—Except as otherwise provided in this part, tinues to satisfy the security requirements of this paragraph. each registration issued under section 13902, 13903,or 13904 (2) Agency requirement.—A motor carrier shall comply shall be effective from the date specified by the Secretary and with the requirements of sections 13303 and 13304. To protect shall remain in effect for such period as the Secretary determines the public,the Secretary may require any such motor carrier to appropriate by regulation. file the type of security that a motor carrier is required to file (c) Suspension,Amendments,and Revocations.—On appli- under paragraph (1) of this subsection. This paragraph only cation of the registrant,the Secretary may amend or revoke a applies to a foreign motor private carrier and foreign motor carrier registration.on complaint or on the Secretary's own initiative and operating in the United States to the extent that such carrier is after notice and an opportunity for a proceeding,the Secretary providing transportation between places in a foreign country or may suspend,amend,or revoke any part of the registration of a between a place in one foreign country and a place in another motor carrier, broker,or freight forwarder for willful failure to foreign country. comply with this part,an applicable regulation or order of the (3) Transportation insurance.—The Secretary may Secretary or of the Board,or a condition of its registration. require a registered motor carrier to file with the Secretary a type 43 ICC Termination Act of 1995 Public Law 104-88 of security sufficient to pay a shipper or consignee for damage to Sec. 13907. Household goods agents property of the shipper or consignee placed in the possession of the motor carrier as the result of transportation provided under (a) Carriers Responsible for Agents.—Each motor carrier this part. A carrier required by law to pay a shipper or consignee providing transportation of household goods shall be responsible for loss,damage,or default for which a connecting motor carrier for all acts or omissions of any of its agents which relate to the is responsible is subrogated,to the extent of the amount paid,to performance of household goods transportation services(includ- the rights of the shipper or consignee under any such security. ing accessorial or terminal services)and which are within the actual or apparent authority of the agent from the carder or which (b) Broker Requirements.—The Secretary may register a are ratified by the carrier. person as a broker under section 13904 only if the person files with the Secretary a bond,insurance policy,or other type of (b) Standard for Selecting Agents.—Each motor carrier pro- security approved by the Secretary to ensure that the transpor- viding transportation of household goods shall use due diligence tation for which a broker arranges is provided. The registration and reasonable care in selecting and maintaining agents who are remains in effect only as long as the broker continues to satisfy sufficiently knowledgeable,fit,willing,and able to provide ade- the security requirements of this subsection. quate household goods transportation services (including accessorial and terminal services)and to fulfill the obligations (c) Freight Forwarder Requirements.— imposed upon them by this part and by such carrier. (1) Liability insurance.—The Secretary may register a (c) Enforcement.— person as a freight forwarder under section 13903 of this title only if the person files with the Secretary a bond,insurance (1) Complaint.— Whenever the Secretary has reason to policy,or other type of security approved by the Secretary. The believe from a complaint or investigation that an agent providing security must be sufficient to pay,not more than the amount of household goods transportation services(including accessorial the security,for each final judgment against the freight forwarder and terminal services)under the authority of a motor carrier pro- for bodily injury to,or death of,an individual,or loss of,or dam- viding transportation of household goods has violated section age to,property(other than property referred to in paragraph(2) 14901(e)or 14912 or is consistently not fit,willing,and able to of this subsection),resulting from the negligent operation,mainte- provide adequate household goods transportation services (in- nance,or use of motor vehicles by or under the direction and cluding accessorial and terminal services),the Secretary may control of the freight forwarder when providing transfer,collec- issue to such agent a complaint stating the charges and con- tion,or delivery service under this part. taining notice of the time and place of a hearing which shall be (2) Freight forwarder insurance.—The Secretary may held no later than 60 days after service of the complaint to such agent. require a registered freight forwarder to file with the Secretary a bond,insurance policy,or other type of security approved by the (2) Right to defend.—The agent shall have the right to Secretary sufficient to pay,not more than the amount of the appear at such hearing and rebut the charges contained in the security,for loss of.or damage to.property for which the freight complaint. forwarder provides service. (3) Order.—If the agent does not appear at the hearing (3) Effective period.—The freight forwarder's registra- or if the Secretary finds that the agent has violated section tion remains in effect only as long as the freight forwarder con- 14901(e)or 14912 or is consistently not fit,willing,and able to tinues to satisfy the security requirements of this subsection. provide adequate household goods transportation services (in- cluding accessorial and terminal services),the Secretary may (d) Type of Insurance.—The Secretary may determine the issue an order to compel compliance with the requirement that type and amount of security filed under this section. A motor the agent be fit,willing,and able. Thereafter,the Secretary may carrier may submit proof of qualifications as a self-insurer to issue an order to limit,condition,or prohibit such agent from any satisfy the security requirements of this section. The Secretary involvement in the transportation or provision of services shall adopt regulations governing the standards for approval as a incidental to the transportation of household goods if,after notice self-insurer. Motor carriers which have been granted authority to and an opportunity for a hearing,the Secretary finds that such self-insure as of the effective date of this section shall retain that agent,within a reasonable time after the date of issuance of a authority unless,for good cause shown and after notice and an compliance order under this section,but in no event less than 30 opportunity for a hearing,the Secretary finds that the authority days after such date of issuance,has willfully failed to comply must be revoked. with such order. (e) Notice of Cancellation of Insurance.—The Secretary (4) Hearing.—Upon filing of a petition with the Secretary shall issue regulations requiring the submission to the Secretary by an agent who is the subject of an order issued pursuant to the of notices of insurance cancellation sufficiently in advance of second sentence of paragraph(3)of this subsection and after actual cancellation so as to enable the Secretary to promptly notice,a hearing shall be held with an opportunity to be heard. At revoke the registration of any carrier or broker after the effective such hearing,a determination shall be made whether the order date of the cancellation. issued pursuant to paragraph(3)of this subsection should be (f) Form of Endorsement.—The Secretary shall also pre- rescinded. scribe the appropriate form of endorsement to be appended to (5) Court review.—Any agent adversely affected or policies of insurance and surety bonds which will subject the aggrieved by an order of the Secretary issued under this sub- insurance policy or surety bond to the full security limits of the section may seek relief in the appropriate United States court of coverage required under this section. appeals as provided by and in the manner prescribed in chapter 158 of title 28,United States Code. 44 PART B — MOTOR CARRIERS, ETC. Chapter 141 — Operations of Carriers (d) Limitation on Applicability of Antitrust Laws.— (3) The justification and need for collecting the statutory (1) In general.—The antitrust laws,as defined in the fee for such system under section 14504(c)(2)(B)(iv). first section of the Clayton Act(15 U.S.C. 12),do not apply to (4) The public safety. discussions or agreements between a motor carrier providing (5) The efficient delivery of transportation services. transportation of household goods and its agents (whether or not an agent is also a carrier) related solely to— (6) How,and under what conditions,to extend the regis- tration system to motor private carriers and to carriers exempt (A) rates for the transportation of household goods under sections 13502, 13503, and 13506. under the authority of the principal carrier; (c) fee System.—The Secretary may establish, under (B) accessorial,terminal,storage,or other charges section 9701 of title 31,a fee system for registration and filing for services incidental to the transportation of household goods evidence of financial responsibility under the new system under transported under the authority of the principal carrier; subsection(a). Fees collected under the fee system shall cover (C) allowances relating to transportation of house- the costs of operating and upgrading the registration system, hold goods under the authority of the principal carrier;and including all personnel costs associated with the system. Fees (D) ownership of a motor carrier providing transpor- collected under this subsection may be credited to the Depart- tation of household goods by an agent or membership on the ment of Transportation appropriations account for purposes for board of director of any such motor carrier by an agent. which such fees are collected,and shall be available for expen- (2) Board review.—The Board, upon its own initiative or diture until expended. request, shall review any activities undertaken under paragraph (d) State Registration Programs.—If the Secretary deter- (1) and shall modify or terminate the activity if necessary to mines that no State should require insurance filings or collect fees protect the public interest. for such filings (including filings and fees authorized under section 14504),the Secretary may prevent any State or political (e) Definitions.—In this section,the following definitions subdivision thereof,or any political authority of 2 or more States, apply: from imposing any insurance filing requirements or fees that are (1) Household goods.—The term"household goods" for the same purposes as filings or fees the Secretary requires has the meaning such term had under section 10102(l 1)of this under the new system under subsection (a). The Secretary may title, as in effect on the day before the effective date of this not take any action pursuant to this subsection unless— section. (1) fees that will be collected by the Secretary under sub- (2) Transportation.—The term"transportation"means section (c) and distributed in each fiscal year to the States will transportation that would be subject to the jurisdiction of the provide each State with at least as much revenue as that State Interstate Commerce Commission under subchapter II of chapter received in fiscal year 1995 under section 11506,as in effect on 105 of this title,as in effect on the day before such effective date, the day before the effective date of this section;and if such subchapter were still in effect. (2) all States will receive from the distribution of such fees a minimum apportionment. Sec. 13908. Registration and other reforms (e) Deadline for Conclusion; Modifications.—Not later than (a) Regulations Replacing Certain Programs.—The Secre- 24 months after the effective date of this section,the Secretary— tary, in cooperation with the States,and after notice and oppor- (1) shall conclude the rulemaking under this section; tunity for public comment, shall issue regulations to replace the current Department of Transportation identification number (2) may implement such changes under this section as the Secretary considers appropriate and in the public interest system,the single State registration system under section 14504, ;and the registration system contained in this chapter, and the financial (3) shall transmit to Congress a report on any findings of responsibility information system under section 13906 with a the rulemaking and the changes being implemented under this single, on-line, Federal system. The new system shall serve as a section,together with such recommendations for legislative clearing house and depository of information on and identification language necessary to conform this part to such changes. of all foreign and domestic motor carriers, brokers, and freight forwarders, and others required to register with the Department CHAPTER 141 — OPERATIONS OF CARRIERS as well as information on safety fitness and compliance with required levels of financial responsibility. In issuing the regula- tions,the Secretary shall consider whether or not to integrate the requirements of section 13304 into the new system and may Sec. 14101. Providing transportation and service. integrate such requirements into the new system. Sec. 14102. Leased motor vehicles. (b) Factors to Be Considered.—In conducting the rule- making under subsection(a),the Secretary shall,at a minimum, Sec. 14103. Loading and unloading motor vehicles. consider the following factors: Sec. 14104. Household goods carrier operations. (1) Funding for State enforcement of motor carrier safety regulations. (2) Whether the existing single State registration system is duplicative and burdensome. 45 ICC Termination Act of 1995 Public Law 104-88 SUBCHAPTER II—REPORTS AND RECORDS portion of such transportation by a motor vehicle not owned by the carrier shall specify,in writing,who is responsible for loading Sec. 14121. Definitions. and unloading the property onto and from the motor vehicle. Sec. 14122. Records:form;inspection;preservation. Sec. 14103. Loading and unloading motor vehicles Sec. 14123. Financial reporting. (a) Shipper Responsible for Assisting.—Whenever a SUBCHAPTER I—GENERAL REQUIREMENTS shipper or receiver of property requires that any person who owns or operates a motor vehicle transporting property in interstate commerce(whether or not such transportation is sub- Sec. 14101. Providing transportation and service ject to jurisdiction under subchapter I of chapter 135)be assisted (a) On Reasonable Request.—A carrier providing transpor- in the loading or unloading of such vehicle,the shipper or receiver tation or service subject to jurisdiction under chapter 135 shall shall be responsible for providing such assistance or shall com- pensateprovide the transportation or service on reasonable request In the owner or operator for all costs associated with addition,a motor carrier shall provide safe and adequate service, securing and compensating the person or persons providing such assistance. equipment,and facilities. (b) Contracts With Shippers.— (b) Coercion Prohibited.—It shall be unlawful to coerce or attempt to coerce any person providing transportation of property (1) In general.—A carrier providing transportation or by motor vehicle for compensation in interstate commerce service subject to jurisdiction under chapter 135 may enter into a (whether or not such transportation is subject to jurisdiction contract with a shipper,other than for the movement of household under subchapter I of chapter 135)to load or unload any part of goods described in section 13102(10)(A),to provide specified such property onto or from such vehicle or to employ or pay one services under specified rates and conditions. If the shipper and or more persons to load or unload any part of such property onto carrier,in writing,expressly waive any or all rights and remedies or from such vehicle;except that this subsection shall not be con- under this part for the transportation covered by the contract,the strued as making unlawful any activity which is not unlawful transportation provided under the contract shall not be subject to under the National Labor Relations Act or the Act of March 23, the waived rights and remedies and may not be subsequently 1932(47 Stat.70;29 U.S.C. 101 et seq.),commonly known as challenged on the ground that it violates the waived rights and the Norris-LaGuardia Act. remedies. The parties may not waive the provisions governing registration,insurance,or safety fitness. Sec. 14104. Household goods carrier operations (2) Remedy for breach of contract.—The exclusive (a) General Regulatory Authority.— remedy for any alleged breach of a contract entered into under this subsection shall be an action in an appropriate State court or (1) Paperwork minimization.—The Secretary may issue United States district court, unless the parties otherwise agree. regulations,including regulations protecting individual shippers,in order to carry out this part with respect to the transportation of Sec. 14102. Leased motor vehicles household goods by motor carriers subject to jurisdiction under subchapter I of chapter 135. The regulations and paperwork (a) General Authority of Secretary.—The Secretary may required of motor carriers providing transportation of household require a motor carrier providing transportation subject to juris- goods shall be minimized to the maximum extent feasible con- diction under subchapter I of chapter 135 that uses motor sistent with the protection of individual shippers. vehicles not owned by it to transport property under an arrange- (2) Performance standards.— ment with another party to— (1) make the arrangement in writing signed by the parties (A) In general.—Regulations of the Secretary pro- specifying its duration and the compensation to be paid by the tecting individual shippers shall include,where appropriate, motor carrier; reasonable performance standards for the transportation of household goods subject to jurisdiction under subchapter I of (2) carry a copy of the arrangement in each motor chapter 135. vehicle to which it applies during the period the arrangement is in (g) Factors to consider.—In establishing perform- effect; ance standards under this paragraph,the Secretary shall take into (3) inspect the motor vehicles and obtain liability and account at least the following— cargo insurance on them;and (i) the level of performance that can be (4) have control of and be responsible for operating those achieved by a well-managed motor carrier transporting household motor vehicles in compliance with requirements prescribed by the goods; secretary on safety of operations and equipment,and with other (ii) the degree of harm to individual shippers applicable law as if the motor vehicles were owned by the motor which could result from a violation of the regulation; carrier. (b) Responsible Party for Loading and Unloading.—The (iii) the need to set the level of performance at a Secretary shall require, by regulation,that any arrangement, level sufficient to deter abuses which result in harm to consumers between a motor carrier of property providing transportation and violations of regulations; subject to jurisdiction under subchapter I of chapter 135 and any (iv) service requirements of the carriers; other person, under which such c:4her person is to provide any 46 PART B — MOTOR CARRIERS, ETC. Chapter 141 — Operations of Carriers (v) the cost of compliance in relation to the con- (b) Right of Inspection.—The Secretary or Board,or an sumer benefits to be achieved from such compliance;and employee designated by the Secretary or Board,may on demand (vi) the need to set the level of performance at a and display of proper credentials— level designed to encourage carriers to offer service responsive to (1) inspect and examine the lands, buildings, and shipper needs. equipment of a carrier or broker;and (3) Limitations on statutory construction.—Nothing in (2) inspect and copy any record of— this section shall be construed to limit the Secretary's authority to (A) a carrier, broker,or association; and require reports from motor carriers providing transportation of (B) a person controlling,controlled by,or under household goods or to require such carriers to provide specified information to consumers concerning their past performance. common control with a carrier if the Secretary or Board,as appli- cable, considers inspection relevant to that person's relation to,or (b) Estimates.— transaction with,that carrier. (1) Authority to provide without compensation.—Every (c) Period for Preservation of Records.—The Secretary or motor carrier providing transportation of household goods subject Board,as applicable, may prescribe the time period during which to jurisdiction under subchapter I of chapter 135, upon request of operating,accounting, and financial records must be preserved a prospective shipper,may provide the shipper with an estimate by carriers and brokers. of charges for transportation of household goods and for the pro- posed services. The Secretary shall not prohibit any such carrier Sec. 14123. Financial reporting from charging a prospective shipper for providing a written, binding estimate for the transportation and proposed services. (a) Reports.— (2) Applicability of antitrust laws.—Any charge for an (1) Annual reports.—The Secretary shall require Class I estimate of charges provided by a motor carrier to a shipper for and Class II motor carriers to file with the Secretary annual finan- transportation of household goods subject to jurisdiction under cial and safety reports,the form and substance of which shall be subchapter I of chapter 135 shall be subject to the antitrust laws, prescribed by the Secretary;except that, at a minimum,such as defined in the first section of the Clayton Act(15 U.S.C. 12). reports shall include balance sheets and income statements. (c) Flexibility in Weighing Shipments.—The Secretary shall (2) Other reports.—The Secretary may require motor issue regulations that provide motor carriers providing transporta- carriers,freight forwarders, brokers,lessors, and associations,or tion of household goods subject to jurisdiction under subchapter I classes of them as the Secretary may prescribe,to file quarterly, of chapter 135 with the maximum possible flexibility in weighing periodic,or special reports with the Secretary and to respond to shipments,consistent with assurance to the shipper of accurate surveys concerning their operations. weighing practices. The Secretary shall not prohibit such carriers (b) Matters to Be Covered.—In determining the matters to from backweighing shipments or from basing their charges on the be covered by any reports to be filed under subsection (a),the reweigh weights if the shipper observes both the tare and gross Secretary shall consider— weighings (or, prior to such weighings,waives in writing the opportunity to observe such weighings) and such weighings are (1) safety needs; performed on the same scale. (2) the need to preserve confidential business information and trade secrets and prevent competitive harm; SUBCHAPTER II — REPORTS AND RECORDS (3) private sector,academic,and public use of informa- tion in the reports;and Sec. 14121. Definitions (4) the public interest. (c) Ezemptions.— In this subchapter,the following definitions apply: (1) From filing.—The Secretary may exempt upon good (1) Carrier and broker.—The terms "carrier"and cause shown any party from the financial reporting requirements "broker" include a receiver or trustee of a carrier and broker, of subsection (a). Any request for such exemption must demon- respectively. strate, at a minimum,that an exemption is required to avoid com- (2) Association.—The term"association," means an petitive harm and preserve confidential business information that organization maintained by or in the interest of a group of carriers is not otherwise publicly available. or brokers providing transportation or service subject to juris- (2) From public release— diction under chapter 135 that performs a service, or engages in (A) In general.—The Secretary shall allow, upon activities, related to transportation under this part. request, a filer of a report under subsection (a)that is not apub- Sec. 14122. Records: form; inspection; licly held corporation or that is not subject to financial reporting requirements of the Securities and Exchange Commission,an preservation exemption from the public release of such report. (a) Form of Records.—The Secretary or the Board,as appli- (B) Procedure.—After a request under subpara- cable, may prescribe the form of records required to be prepared graph (A)and notice and opportunity for comment but no event or compiled under this subchapter by carriers and brokers, later than 90 days after the date of such request,the Secretary including records related to movement of traffic and receipts and shall approve such request if the Secretary finds that the exemp- expenditures of money. tion requested is necessary to avoid competitive harm and to avoid the disclosure of information that qualifies as a trade iecret 47 ICC Termination Act of 1995 Public Law 104-88 or privileged or confidential information under section 552(b)(4) (b) Requirements for Perfection of Security Interest.—A of title 5. security interest in a motor vehicle owned by,or in the posses- (C) Use of data for internal DOT purposes.—If an sion and use of,a carrier registered under section 13902 of this exemption is granted under this paragraph,nothing shall prevent title and owing payment or performance of an obligation secured the Secretary from using data from reports filed under this sub- by that security interest is perfected in all jurisdictions against all section for internal purposes of the Department of Transportation general,and subsequent lien,creditors of,and all persons taking or including such data in aggregate industry statistics released for a motor vehicle by sale(or taking or retaining a security interest in publication if such inclusion would not render the filer's data a motor vehicle)from,that carrier when— readily identifiable. (1) a certificate of title is issued for a motor vehicle under (D) Pending requests.—The Secretary shall not a law of a jurisdiction that requires or permits indication,on a release publicly the report of a carrier making a request under certificate or title,of a security interest in the motor vehicle if the subparagraph(A)while such request is pending. security interest is indicated on the certificate; (3) Period of exemptions.—Exemptions granted under (2) a certificate of title has not been issued and the law of this subsection shall be for 3-year periods. the State where the principal place of business of that carrier is located requires or permits public filing or recording of,or in (d) Streamlining and Simplification.—The Secretary shall relation to,that security interest 0 there has been such a public streamline and simplify,to the maximum extent practicable,any filing or recording;and reporting requirements the Secretary imposes under this section. (3) a certificate of title has not been issued and the security interest cannot be perfected under paragraph(2)of this CHAPTER 143—FINANCE subsection,if the security interest has been perfected under the law(including the conflict of laws rules)of the State where the Sec. 14301. Security interests in certain motor vehicles. principal place of business of that carrier is located. Sec. 14302. Pooling and division of transportation or earnings. Sec. 14303. Consolidation,merger,and acquisition of control of Sec. 14302. Pooling and division of transportation motor carriers of passengers. or earnings Sec. 14301. Security interests in certain motor (a) Approval Required.—A carrier providing transportation subject to jurisdiction under subchapter I of chapter 135 may not vehicles agree or combine with another such carrier to pool or divide (a) Definitions.—In this section,the following definitions traffic or services or any part of their earnings without the appro- apply: val of the Board under this section. (1) Motor vehicle.—The term"motor vehicle"means a (b) Standards for Approval.—The Board may approve and truck of rated capacity(gross vehicle weight)of at least 10,000 authorize an agreement or combination between or among motor pounds,a highway tractor of rated capacity(gross combination carriers of passengers,or between a motor carrier of passengers weight)of at least 10,000 pounds,a property-carrying trailer or and a rail carrier of passengers if the carriers involved assent to semitrailer with at least one load-carrying axle of at least 10,000 the pooling or division and the Board finds that a pooling or pounds,or a motor bus with a seating capacity of at least 10 division of traffic,services,or earnings— individuals. (1) will be in the interest of better service to the public or (2) Lien creditor.—The term"lien creditor"means a of economy of operation;and creditor having a lien on a motor vehicle and includes an assignee (2) will not unreasonably restrain competition. for benefit of creditors from the date of assignment,a trustee in a (c) Procedure.— case under title 11 from the date of filing of the petition in that case,and a receiver in equity from the date of appointment of the (1) Application.—Any motor carrier of property may receiver. apply to the Board for approval of an agreement or combination with another such carrier to pool or divide traffic or any services (3) Security interest.—The term"security interest" or any part of their earnings by filing such agreement or combi- means an interest(including an interest established by a condi- nation with the Board not less than 50 days before its effective tional sales contract,mortgage,equipment trust,or other lien or date. title retention contract,or lease)in a motor vehicle when the interest secures payment or performance of an obligation. (2) Determination of importance and restraint on competition.—Prior to the effective date of the agreement or (4) Perfection.—The term"perfection",as related to a combination,the Board shall determine whether the agreement or security interest,means taking action(including public filing, combination is of major transportation importance and whether recording,notation on a certificate of title,and possession of there is substantial likelihood that the agreement or combination collateral by the secured party),or the existence of facts,required will unduly restrain competition. If the Board determines that under law to make a security interest enforceable against general neither of these 2 factors exists, it shall, prior to such effective creditors and subsequent lien creditors of a debtor,but does not date and without a hearing,approve and authorize the agreement include compliance with requirements related only to the estab- or combination,under such rules and regulations as the Board lishment of a valid security interest between the debtor and the may issue,and for such consideration between such carriers and secured party. upon such terms and conditions as shall be found by the Board to be just and reascnable. 48 PART B — MOTOR CARRIERS, ETC. Chapter 143 — Finance (3) Hearing.—If the Board determines either that the (2) Transportation.—The term"transportation"means agreement or combination is of major transportation importance transportation that would be subject to the jurisdiction of the or that there is substantial likelihood that the agreement or com- Interstate Commerce Commission under subchapter II of chapter bination will unduly restrain competition,the Board shall hold a 105 of this title,as in effect on the day before such effective date, hearing concerning whether the agreement or combination will be if such subchapter were still in effect. in the interest of better service to the public or of economy in operation and whether it will unduly restrain competition and shall Sec. 14303. Consolidation, merger, and acquisition suspend operation of such agreement or combination pending of control of motor carriers of such hearing and final decision thereon. After such hearing,the passengers Board shall indicate to what extent it finds that the agreement or combination will be in the interest of better service to the public or (a) Approval Required.—The following transactions of economy in operation and will not unduly restrain competition involving motor carriers of passengers subject to jurisdiction and if assented to by all the carriers involved,shall to that extent, under subchapter I of chapter 135 may be carried out only with approve and authorize the agreement or combination,under such the approval of the Board: rules and regulations as the Board may issue, and for such con- (1) Consolidation or merger of the properties or fran- sideration between such carriers and upon such terms and con- chises of at least 2 carriers into one operation for the ownership, ditions as shall be found by the Board to be just and reasonable. management,and operation of the previously separately owned (4) Special rules for household goods carriers.—In the properties. case of an application for Board approval of an agreement or (2) A purchase, lease,or contract to operate property of combination between a motor carrier providing transportation of another carrier by any number of carriers. household goods and its agents to pool or divide traffic or ser- vices or any part of their earnings,such agreement or combina- (3) Acquisition of control of a carrier by any number of tion shall be presumed to be in the interest of better service to the carriers. public and of economy in operation and not to restrain competi- (4) Acquisition of control of at least 2 carriers by a tion unduly if the practices proposed to be carried out under such person that is not a carrier. agreement or combination are the same as or similar to practices (5) Acquisition of control of a carrier by a person that is carried out under agreements and combinations between motor not a carrier but that controls any number of carriers. carriers providing transportation of household goods to pool or divide traffic or service of any part of their earnings approved by (b) Standard for Approval.—The Board shall approve and the Interstate Commerce Commission before the effective date of authorize a transaction under this section when it finds the trans- this section. action is consistent with the public interest. The Board shall (5) Streamlining and simplifying.—The Board shall consider at least the following: streamline,simplify, and expedite,to the maximum extent prac- (1) The effect of the proposed transaction on the ade- ticable,the process (including any paperwork)for submission quacy of transportation to the public. and approval of applications under this section for agreements (2) The total fixed charges that result from the proposed and combinations between motor carriers providing transporta- transaction. tion of household goods and their agents. (3) The interest of carrier employees affected by the pro- (d) Conditions.—The Board may impose conditions govern- posed transaction. The Board may impose conditions governing ing the pooling or division and may approve and authorize pay- the transaction. ment of a reasonable consideration between the carriers. (c) Determination of Completeness of Application.—Within (e) Initiation of Proceeding.—The Board may begin a pro- 30 days after the date on which an application is filed under this ceeding under this section on its own initiative or on application. section,the Board shall either publish a notice of the application (f) Effect of Approval.—A carrier may participate in an in the Federal Register or reject the application if it is incomplete. arrangement approved by or exempted by the Board under this (d) Comments.—Written comments about an application section without the approval of any other Federal,State, or muni- may be filed with the Board within 45 days after the date on cipal body. A carrier participating in an approved or exempted which notice of the application is published under subsection (c). arrangement is exempt from the antitrust laws and from all other (e) Deadlines.—The Board shall conclude evidentiary pro- law, including State and municipal law,as necessary to let that ceedings by the 240th day after the date on which notice of the person carry out the arrangement. application is published under subsection (c).The Board shall (g) Continuation of Existing Agreements.—Any agreements issue a final decision by the 180th day after the conclusion of the in operation under the provisions of this title on the effective date evidentiary proceedings. The Board may extend a time period of this section that are succeeded by this section shall remain in under this subsection;except that the total of all such extensions effect until further order of the Board. with respect to any application shall not exceed 90 days. (h) Definitions.—In this section,the following definitions (f) Effect of Approval.—A carrier or corporation participating apply: in or resulting from a transaction approved by the Board under (1) Household goods.—The term"household goods" this section,or exempted by the Board from the application of this has the meaning such term had under section 10102(11)of this section pursuant to section 13541, may carry out the transaction, title,as in effect on the day before the effective date of this own and operate property,and exercise control or franchises sectio. acquired through the transaction without the approval of a Stale 49 ICC Termination Act of 1995 Public Law 104-88 authority. A carrier,corporation,or person participating in the (b) Freight Forwarders and Brokers.— approved or exempted transaction is exempt from the antitrust (1) General rule.—Subject to paragraph(2)of this sub- laws and from all other law,including State and municipal law,as section,no State or political subdivision thereof and no intrastate necessary to let that person carry out the transaction,hold, main- agency or other political agency of 2 or more States shall enact or tain,and operate property,and exercise control or franchises enforce any law,rule,regulation,standard,or other provision hav- acquired through the transaction. ing the force and effect of law relating to intrastate rates,intrastate (g) Limitation on Applicability.—This section shall not apply routes,or intrastate services of any freight forwarder or broker. to transactions involving carriers whose aggregate gross operat- (2) Continuation of Hawaii's authority.—Nothing in this ing revenues were not more than$2,000,000 during a period of subsection and the amendments made by the Surface Freight 12 consecutive months ending not more than 6 months before Forwarder Deregulation Act of 1986 shall be construed to affect the date of the agreement of the parties. the authority of the State of Hawaii to continue to regulate a motor (h) Applicability of Certain Provisions.—When the Board carrier operating within the State of Hawaii. approves and authorizes a transaction under this section in which (c) Motor Carriers of Property.— a person not a carrier providing transportation subject to jurisdic- tion under subchapter I of chapter 135 acquires control of at least (1) General rule.—Except as provided in paragraphs(2) 1 carrier subject to such jurisdiction,the person is subject,as a and (3),a State,political subdivision of a State,or political author- carrier,to the following provisions of this title that apply to the 4 of 2 or more States may not enact or enforce a law,regulation, carrier being acquired by that person,to the extent specified by or other provision having the force and effect of law related to a the Board: sections 504(f), 14121-14123, 14901(a),and 14907. price ,route,or service of any motor carrier(other than a carrier affiliated with a direct air carrier covered by section 41713(b)(4)) (i) Interim Approval.—Pending determination of an applica- or any motor private carrier,broker,or freight forwarder with tion filed under this section,the Board may approve,for a period respect to the transportation of property. of not more than 180 days,the operation of the properties sought to be acquired by the person proposing in the application to (2) Matters not covered.—Paragraph(i)— acquire those properties,when it appears that failure to do so (A) shall not restrict the safety regulatory authority of may result in destruction of or injury to those properties or sub- a State with respect to motor vehicles,the authority of a State to stantially interfere with their future usefulness in providing impose Highway route controls or limitations based on the size or adequate and continuous service to the public. Transportation weight of the motor vehicle or the hazardous nature of the cargo, provided by a motor carrier under a grant of approval under this or the authority of a State to regulate motor carriers with regard to subsection is subject to this part. minimum amounts of financial responsibility relating to insurance (j) Supplemental orders.—When cause exists,the Board requirements and self-insurance authorization; may issue appropriate orders supplemental to an order made in a (B) does not apply to the transportation of household proceeding under this section. goods;and (C) does not apply to the authority of a State or a CHAPTER 145— FEDERAL-STATE RELATIONS political subdivision of a State to enact or enforce a law,regula- tion,or other provision relating to the price of for-hire motor Sec. 14501. Federal authority over intrastate transportation. vehicle transportation by a tow truck,if such transportation is Sec. 14502. Tax discrimination against motor carrier transpor- performed without the prior consent or authorization of the owner tation property. or operator of the motor vehicle. Sec. 14503. Withholding State and local income tax by certain (3) State standard transportation practices.— carriers. (A) Continuation.—Paragraph(1)shall not affect Sec. 14504. Registration of motor carriers by a State. any authority of a State,political subdivision of a State,or political Sec. 14505. State tax. authority of 2 or more States to enact or enforce a law,regulation, or other provision,with respect to the intrastate transportation of Sec. 14501. Federal authority over intrastate trans- property by motor carriers,related to— portation (i) uniform cargo liability rules, (ii) uniform bills of lading or receipts for (a) Motor Carriers of Passengers.—No State or political property being transported, subdivision thereof and no interstate agency or other political (iii) uniform cargo credit rules, agency of 2 or more States shall enact or enforce any law,rule, regulation,standard,or other provision having the force and effect (iv) antitrust immunity for joint line rates or of law relating to scheduling of interstate or intrastate transporta- routes,classifications,mileage guides,and pooling,or tion(including discontinuance or reduction in the level of service) (v) antitrust immunity for agent-van line opera- provided by motor carrier of passengers subject to jurisdiction tions (as set forth in section 13907),if such law,regulation,or under subchapter I of chapter 135 of this title on an interstate provision meets the requirements of subparagraph(B). route or relating to the implementation of any change in the rates (B) Requirements.—A law,regulation,or provision for such transportation or for any charter transportation except to of a State,political subdivision,or political authority meets the the extent that notice,not in excess of 30 days,of changes in requirements of this subparagraph if— schedules may be required. This subsection shall not apply to intrastate commuter bus operations. 50 PART B — MOTOR CARRIERS, ETC. Chapter 145 — Federal-State Relations (i) the law, regulation,or provision covers the States and the States,to prevent a violation of subsection(b) of same subject matter as,and compliance with such law, regula- this section. tion,or provision is no more burdensome than compliance with,a (2) Limitation in relief.—Relief may be granted under provision of this part or a regulation issued by the Secretary or this subsection only if the ratio of assessed value to true market the Board under this part;and value of motor carrier transportation property exceeds,by at least (ii) the law,regulation,or provision only applies 5 percent,the ratio of assessed value to true market value of to a carrier upon request of such carrier. other commercial and industrial property in the same assessment (C) Election.—Notwithstanding any other provision jurisdiction. of law, a carrier affiliated with a direct air carrier through common (3) Burden of proof.—The burden of proof in deter- controlling ownership may elect to be subject to a law, regulation, mining assessed value and true market value is governed by or provision of a State,political subdivision, or political authority State law. under this paragraph. (4) Violation.—If the ratio of the assessed value of other (4) Nonapplicability to Hawaii.—This subsection shall commercial and industrial property in the assessment jurisdiction not apply with respect to the State of Hawaii. to the true market value of all other commercial and industrial property cannot be determined to the satisfaction of the district Sec. 14502. Tax discrimination against motor court through the random-sampling method known as a sales carrier transportation property assessment ratio study(to be carried out under statistical prin- ciples applicable to such a study),the court shall find,as a (a) Definitions.—In this section,the following definitions violation of this section— apply: (A) an assessment of the motor carrier transporta- (1) Assessment.—The term"assessment"means tion property at a value that has a higher ratio to the true market valuation for a property tax levied by a taxing district. value of the motor carrier transportation property than the (2) Assessment jurisdiction.—The term"assessment assessment value of all other property subject to a property tax jurisdiction"means a geographical area in a State used in deter- levy in the assessment jurisdiction has to the true market value of mining the assessed value of property for ad valorem taxation. all such other property;and (3) Motor carrier transportation property.—The term (B) the collection of ad valorem property tax on the "motor carrier transportation property" means property, as motor carrier transportation property at a tax rate that exceeds the defined by the Secretary,owned or used by a motor carrier pro- tax ratio rate applicable to taxable property in the taxing district. viding transportation in interstate commerce whether or not such transportation is subject to jurisdiction under subchapter I of Sec. 14503. Withholding State and local income tax chapter 135. by certain carriers (4) Commercial and industrial property.—The term (a) Single State Tax Withholding.— "commercial and industrial property" means property,other than transportation property and land used primarily for agricultural (1) In general.—No part of the compensation paid by a purposes or timber growing,devoted to a commercial or Indus- motor carrier providing transportation subject to jurisdiction under trial use,and subject to a property tax levy. subchapter I of chapter 135 or by a motor private carrier to an employee who performs regularly assigned duties in 2 or more (b) Acts Burdening Interstate Commerce.—The following States as such an employee with respect to a motor vehicle shall acts unreasonably burden and discriminate against interstate be subject to the income tax laws of any State or subdivision of commerce and a State,subdivision of a State,or authority acting that State,other than the State or subdivision thereof of the for a State or subdivision of a State may not do any of them: employee's residence. (1) Excessive valuation of property.—Assess motor (2) Employee defined.—In this subsection,the term carrier transportation property at a value that has a higher ratio to employee, has the meaning given such term in section 31132. the true market value of the motor carrier transportation property than the ratio that the assessed value of other commercial and (b) Special Rules.— industrial property in the same assessment jurisdiction has to the (1) Calculation of earnings.—In this subsection,an true market value of the other commercial and industrial property. employee is deemed to have earned more than 50 percent of pay (2) Tax on assessment.—Levy or collect a tax on an in a State or subdivision of that State in which the time worked by assessment that may not be made under paragraph(1). the employee in the State or subdivision is more than 50 percent of the total time worked by the employee while employed during (3) Ad valorem tax.—Levy or collect an ad valorem the calendar year. property tax on motor carrier transportation property at a tax rate that exceeds the tax rate applicable to commercial and industrial (2) Water carriers.—A water carrier providing transpor- property in the same assessment jurisdiction. tation subject to jurisdiction under subchapter II of chapter 135 shall file income tax information returns and other reports only (c) Jurisdiction.— with— (1) In general.—Notwithstanding section 1341 of (A) the State and subdivision of residence of the title 28 and without regard to the amount in controversy or citizen- employee (as shown on the employment records of the carrier); ship of the parties, a district court of the United States has juris- and diction,concurrent with other jurisdiction of courts of the United 51 ICC Termination Act of 1995 Public Law 104-88 (B) the State and subdivision in which the employee (B) Receipts;fee system.—The standards of the earned more than 50 percent of the pay received by the employee Secretary— from the carrier during the preceding calendar year. (i) shall require that the registration State issue (3) Applicability to sailors.—This subsection applies to a receipt,in a form prescribed under the standards,reflecting that pay of a master,officer,or sailor who is a member of the crew on the carrier has filed proof of insurance as provided under Bub- a vessel engaged in foreign,coastwise,intercostal,or noncontig- paragraph(A)(ii)of this paragraph and has paid fee amounts in uous trade or in the fisheries of the United States. accordance with the fee system established under clause(iv)of (c) Filing of Information.—A motor and motor private carrier this subparagraph; withholding pay from an employee under subsection(a)of this (ii) shall require that copies of the receipt issued section shall file income tax information returns and other reports under clause(i)of this subparagraph be kept in each of the only with the State and subdivision of residence of the employee. carrier's commercial motor vehicles; (iii) shall not require decals,stamps,cab cards, Sec. 14504. Registration of motor carriers by a or any other means of registering or identifying specific vehicles State operated by the carrier; (a) Definitions.—In this section,the terms"standards"and (iv) shall establish a fee system for the filing of "amendments to standards"mean the specification of forms and proof of insurance as provided under subparagraph(A)(ii)of this procedures required by regulations of the Secretary to prove the paragraph that— lawfulness of transportation by motor carrier referred to in section (1) is based on the number of commercial 13501. motor vehicles the carrier operates in a State and on the number (b) General Rule.—The requirement of a State that a motor of States in which the carrier operates; carrier,providing transportation subject to jurisdiction under sub- (II) minimizes the costs of complying with chapter I of chapter 135 and providing transportation in that State, the registration system;and must register with the State is not an unreasonable burden on (III) results in a fee for each participating transportation referred to in section 13501 when the State regis- State that is equal to the fee,not to exceed$10 per vehicle,that tration is completed under standards of the Secretary under such State collected or charged as of November 15, 1991;and subsection(c). When a State registration requirement imposes obligations in excess of the standards of the Secretary,the part in (v) shall not authorize the charging or collection excess is an unreasonable burden. of any fee for filing and maintaining evidence of Federal registra- (c) Single State Registration System.— tion under subparagraph(A)(i)of this paragraph. (1) In general.—The Secretary shall maintain standards (C) Prohibited fees.—The charging or collection of for implementing a system under which— any fee under this section that is not in accordance with the fee system established under subparagraph(B)(iv)of this paragraph (A)motor carrier is required to register annually with shall be deemed to be a burden on interstate commerce. only one State by providing evidence of its Federal registration (D) Limitation on participation by states.—Only a under chapter 139; State which,as of January 1, 1991,charged or collected a fee for (B) the State of registration shall fully comply with a vehicle identification stamp or number under part 1023 of standards prescribed under this section;and title 49,Code of Federal Regulations,shall be eligible to partici- (C) such single State registration shall be deemed to pate as a registration State under this subsection or to receive any satisfy the registration requirements of all other States. fee revenue under this subsection. (2) Specific requirements— Sec. 14505. State tax (A) Evidence of federal registration;proof of insur- ance;payment of fees.—Under the standards of the Secretary A State or political subdivision thereof may not collect or levy implementing the single State registration system described in a tax,fee,head charge,or other charge on— paragraph(1)of this subsection,only a State acting in its capac- (1) a passenger traveling in interstate commerce by ity as registration State under such single State system may re- motor carrier; quire a motor carrier registered by the Secretary under this part— (2) the transportation of a passenger traveling in inter- (i) to file and maintain evidence of such Federal state commerce by motor carrier; registration; (3) the sale of passenger transportation in interstate com- (ii) to file satisfactory proof of required merce by motor carrier;or insurance or qualification as a self-insurer; (4) the gross receipts derived from such transportation. (iii) to pay directly to such State fee amounts in accordance with the fee system established under subparagraph CHAPTER 147—ENFORCEMENT; (B)(iv)of this paragraph,subject to allocation of fee revenues among all States in which the carrier operates and which partici- INVESTIGATIONS; RIGHTS; REMEDIES pate in the single State registration system;and Sec. 14701. General authority. (iv) to file the name of a local agent for service of process. Sec. 14702. Enforcement by the regulatory authority. 52 PART B — MOTOR CARRIERS, ETC. Chapter 147 — Enforcement Sec. 14703. Enforcement by the Attorney General. (2) process may be served without regard to the terri- Sec. 14704. Rights and remedies of persons injured by carriers torial limits of the district or of the State in which the action is or brokers. instituted;and Sec. 14705. Limitation on actions by and against carriers. (3) a person participating with a carrier or broker in a violation may be joined in the civil action without regard to the Sec. 14706. Liability of carriers under receipts and bills of residence of the person. lading. (c) Standing.—The Board,through its own attorneys, may Sec. 14707. Private enforcement of registration requirement. bring or participate in any civil action involving motor carrier Sec. 14708. Dispute settlement program for household goods undercharges. carriers. Sec. 14709. Tariff reconciliation rules for motor carriers of Sec. 14703. Enforcement by the Attorney General property. The Attorney General may, and on request of either the Secre- tary or the Board shall, bring court proceedings— Sec. 14701. General authority (1) to enforce this part or a regulation or order of the (a) Investigations.—The Secretary or the Board,as appli- Secretary or Board or terms of registration under this part;and cable, may begin an investigation under this part on the Secre- (2) to prosecute a person violating this part or a regula- tary's or the Board's own initiative or on complaint. If the tion or order of the Secretary or Board or term of registration Secretary or Board, as applicable,finds that a carrier or broker is under this part. violating this part,the Secretary or Board,as applicable,shall take appropriate action to compel compliance with this part. If Sec. 14704. Rights and remedies of persons injured the Secretary finds that a foreign motor carrier or foreign motor by carriers or brokers private carrier is violating chapter 139,the Secretary shall take appropriate action to compel compliance with that chapter. The (a) In General.— Secretary or Board,as applicable, may take action under this (1) Enforcement of order.—A person injured because a subsection only after giving the carrier or broker notice of the investigation and an opportunity for a proceeding. carrier or broker providing transportation or service subject to jurisdiction under chapter 135 does not obey an order of the (b) Complaints.—A person,including a governmental author- Secretary or the Board,as applicable, under this part,except an ity, may file with the Secretary or Board,as applicable,a com- order for the payment of money, may bring a civil action to plaint about a violation of this part by a carrier providing,or enforce that order under this subsection. A person may bring a broker for,transportation or service subject to jurisdiction under civil action for injunctive relief for violations of sections 14102 this part or a foreign motor carrier or foreign motor private carrier and 14103. providing transportation registered under section 13902 of this (2) Damages for violations.—A carrier or broker provid- title. The complaint must state the facts that are the subject of the ing transportation or service subject to jurisdiction under violation. The Secretary or Board,as applicable, may dismiss a chapter 135 is liable for damages sustained by a person as a complaint that it determines does not state reasonable grounds result of an act or omission of that carrier or broker in violation of for investigation and action. this part. (c) Deadline.—A formal investigative proceeding begun by (b) Liability and Damages Exceeding Tariff Rate.—A carrier the Secretary or Board under subsection (a)of this section is providing transportation or service subject to jurisdiction under dismissed automatically unless it is concluded with administrative chapter 135 is liable to a person for amounts charged that exceed finality by the end of the 3d year after the date on which it was the applicable rate for transportation or service contained in a begun, tariff in effect under section 13702. Sec. 14702. Enforcement by the regulatory authority (c) Election.— (a) In General.—The Secretary or the Board,as applicable, (1) Complaint to DOT or board;civil action.— A person may bring a civil action— may file a complaint with the Board or the Secretary, as appli- cable, under section 14701(b) or bring a civil action under (1) to enforce section 14103 of this title;or subsection (b)to enforce liability against a carrier or broker (2) to enforce this part,or a regulation or order of the providing transportation or service subject to jurisdiction under Secretary or Board, as applicable,when violated by a carrier or chapter 135. broker providing transportation or service subject to jurisdiction (2) Order of DOT or board.— under subchapter I or III of chapter 135 of this title or by a foreign (A) In general.—When the Board or Secretary,as motor carrier or foreign motor private carrier providing transpor- applicable, makes an award under subsection (b) of this section, tation registered under section 13902 of this title. the Board or Secretary,as applicable, shall order the carrier to (b) Venue.—In a civil action under subsection (a)(2)of this pay the amount awarded by a specific date. The Board or section— Secretary,as applicable, may order a carrier or broker providing (1) trial is in the judicial district in which the carrier, transportation or service subject to jurisdiction under chapter 135 foreign motor carrier,foreign motor private carrier, or broker to pay damages only when the proceeding is on complaint. operates; 53 ICC Termination Act of 1995 Public Law 104-88 (B) Enforcement by civil action.—The person for periods under subsections(b)and(c)of this section are extended whose benefit an order of the Board or Secretary requiring the for 90 days from the time the carrier begins a civil action under payment of money is made may bring a civil action to enforce subsection(a)to recover charges related to the same transporta- that order under this paragraph if the carrier or broker does not tion or service,or collects(without beginning a civil action under pay the amount awarded by the date payment was ordered to be that subsection)the charge for that transportation or service if made. that action is begun or collection is made within the appropriate (d) Procedure.— period. (1) In general.—When a person begins a civil action (e) Payment.—A person must begin a civil action to enforce under subsection(b)of this section to enforce an order of the an order of the Board or Secretary against a carrier within 1 year Board or Secretary requiring the payment of damages by a carrier after the date of the order. or broker providing transportation or service subject to juds- (f) Government Transportation.—This section applies to diction under chapter 135 of this title,the text of the order of the transportation for the United States Government. The time limita- Board or Secretary must be included in the complaint. In addition tions under this section are extended,as related to transportation to the district courts of the United States,a State court of general for or on behalf of the United States Government,for 3 years from jurisdiction having jurisdiction of the parties has jurisdiction to the later of the date of— enforce an order under this paragraph. The findings and order of (1) payment of the rate for the transportation or service the Board or Secretary are competent evidence of the facts stated involved; in them. Trial in a civil action brought in a district court of the United States under this paragraph is in the judicial district in (2) subsequent refund for overpayment of that rate;or which the plaintiff resides or in which the principal operating (3) deduction made under section 3726 of title 31. office of the carrier or broker is located In a civil action under this (g) Accrual Date.—A claim related to a shipment of property paragraph,the plaintiff is liable for only those costs that accrue on accrues under this section on delivery or tender of delivery by the an appeal taken by the plaintiff. carrier. (2) Parties.—All parties in whose favor the award was made may be joined as plaintiffs in a civil action brought in a Sec. 14706. Liability of carriers under receipts and district court of the United States under this subsection and all the bills of lading carriers that are parties to the order awarding damages may be joined as defendants. Trial in the action is in the judicial district in (a) General Liability.— which any one of the plaintiffs could bring the action against any (1) Motor carriers and freight forwarders.—A carrier one of the defendants. Process may be served on a defendant at providing transportation or service subject to jurisdiction under its principal operating office when that defendant is not in the subchapter I or III of chapter 135 shall issue a receipt or bill of district in which the action is brought. A judgment ordering lading for property it receives for transportation under this part. recovery may be made in favor of any of those plaintiffs against That carrier and any other carrier that delivers the property and is the defendant found to be liable to that plaintiff. providing transportation or service subject to jurisdiction under (e) Attorney's Fees.—The district court shall award a subchapter I or III of chapter 135 or chapter 105 are liable to the reasonable attorney's fee under this section. The district court person entitled to recover under the receipt or bill of lading. The shall tax and collect that fee as part of the costs of the action. liability imposed under this paragraph is for the actual loss or injury to the property caused by(A)the receiving carrier, (B)the Sec. 14705. Limitation on actions by and against delivering carrier,or(C)another carrier over whose line or route carriers the property is transported in the United States or from a place in the United States to a place in an adjacent foreign country when (a) In General.—A carrier providing transportation or service transported under a through bill of lading and,except in the case subject to jurisdiction under chapter 135 must begin a civil action of a freight forwarder,applies to property reconsigned or diverted to recover charges for transportation or service provided by the under a tariff under section 13702. Failure to issue a receipt or carrier within 18 months after the claim accrues. bill of lading does not affect the liability of a carrier. A delivering (b) Overcharges.—A person must begin a civil action to carrier is deemed to be the carrier performing the line-haul trans- recover overcharges within 18 months after the claim accrues. If portation nearest the destination but does not include a carrier the claim is against a carrier providing transportation subject to providing only a switching service at the destination. jurisdiction under chapter 135 and an election to file a complaint (2) Freight forwarder.— A freight forwarder is both the with the Board or Secretary,as applicable,is made under section receiving and delivering carrier. When a freight forwarder pro- 14704(c)(1),the complaint must be filed within 3 years after the vides service and uses a motor carrier providing transportation claim accrues. subject to jurisdiction under subchapter I of chapter 135 to (c) Damages.—A person must file a complaint with the receive property from a consignor,the motor carrier may execute Board or Secretary,as applicable,to recover damages under the bill of lading or shipping receipt for the freight forwarder with section 14704(b)within 2 years after the claim accrues. its consent. With the consent of the freight forwarder,a motor carrier may deliver property for a freight forwarder on the freight (d) Extensions.—The limitation periods under subsection(b) forwarder's bill of lading,freight bill,or shipping receipt to the of this section are extended for 6 months from the time written consignee named in it,and receipt for the property may be made notice is given to the claimant by the carrier of disallowance of on the freight forwarder's delivery receipt. any part of the claim specified in the notice I a written claim is given to th carrier within those limitation periods. The limitati m 54 PART 6 — MOTOR CARRIERS, ETC. Chapter 147 — Enforcement (b) Apportionment.—The carrier issuing the receipt or bill of (B) in the case of a State court,the applicable geo- lading under subsection (a)of this section or delivering the prop- graphic area over which such court exercises jurisdiction. erty for which the receipt or bill of lading was issued is entitled to (e) Minimum Period for Filing Claims.— recover from the carrier over whose line or route the loss or injury (1) In general.—A carrier may not provide by rule,con- occurred the amount required to be paid to the owners of the property, as evidenced by a receipt,judgment,or transcript, and tract,or otherwise,a period of less than 9 months for filing a the amount of its expenses reasonably incurred in defending a claim against it under this section and a period of less than civil action brought by that person. 2 years for bringing a civil action against it under this section. The period for bringing a civil action is computed from the date (c) Special Rules.— the carrier gives a person written notice that the carrier has dis- (1) Motor carriers— allowed any part of the claim specified in the notice. (A) Shipper waiver.—Subject to the provisions of (2) Special rules.—For the purposes of this sub- subparagraph (B), a carrier providing transportation or service section— subject to jurisdiction under subchapter I or III of chapter 135 (A) an offer of compromise shall not constitute a dis- may, subject to the provisions of this chapter(including with allowance of any part of the claim unless the carrier, in writing, respect to a motor carrier,the requirements of section 13710(a)), informs the claimant that such part of the claim is disallowed and establish rates for the transportation of property(other than provides reasons for such disallowance;and household goods described in section 13102(10)(A))under which the liability of the carrier for such property is limited to a (B) communications received from a carrier's insurer value established by written or electronic declaration of the shall not constitute a disallowance of any part of the claim unless shipper or by written agreement between the carrier and shipper if the insurer,in writing, informs the claimant that such part of the that value would be reasonable under the circumstances claim is disallowed, provides reason for such disallowance, and surrounding the transportation. informs the claimant that the insurer is acting on behalf of the carrier. (B) Carrier notification.—If the motor carrier is not required to file its tariff with the Board, it shall provide under (f) Limiting Liability of Household Goods Carriers to section 13710(a)(1)to the shipper, on request of the shipper, a Declared Value.—A carrier or group of carriers subject to juris- diction under subchapter I or III of chapter 135 may petition the written or electronic copy of the rate,classification, rules,and practices upon which any rate applicable to a shipment,or agreed Board to modify,eliminate,or establish rates for the transpor- lotion of household goods under which the liability of the carrier to between the shipper and the carrier, is based. The copy pro- for that property is limited to a value established by written vided by the carrier shall clearly state the dates of applicability of the rate,classification, rules,or practices. declaration of the shipper or by a written agreement. (C) Prohibition against collective establishment.— (g) Modifications and Reforms.— No discussion,consideration,or approval as to rules to limit (1) Study.—The Secretary shall conduct a study to liability under this subsection may be undertaken by carriers determine whether any modifications or reforms should be made acting under an agreement approved pursuant to section 13703. to the loss and damage provisions of this section,including those (2) Water carriers.—If loss or injury to property occurs related to limitation of liability by carriers. while it is in the custody of a water carrier,the liability of that (2) Factors to consider.—In conducting the study,the carrier is determined by its bill of lading and the law applicable to Secretary,at a minimum,shall consider— water transportation. The liability of the initial or delivering carrier (A) the efficient delivery of transportation services; is the same as the liability of the water carrier. (B) international and intermodal harmony; (d) Civil Actions.— (C) the public interest;and (1) Against delivering carrier.—A civil action under this (D) the interest of carriers and shippers. section may be brought against a delivering carrier in a district court of the United States or in a State court. Trial, if the action is (3) Report.—Not later than 12 months after the effective brought in a district court of the United States is in a judicial date of this section,the Secretary shall submit to Congress a district,and if in a State court, is in a State through which the report on the results of the study,together with any recommenda- defendant carrier operates. tions of the Secretary(including legislative recommendations)for (2) Against carrier responsible for loss.—A civil action implementing modifications or reforms identified by the Secretary under this section may be brought against the carrier alleged to as being appropriate. have caused the loss or damage, in the judicial district in which such loss or damage is alleged to have occurred. Sec. 14707. Private enforcement of registration (3) Jurisdiction of courts.—A civil action under this requirement section may be brought in a United States district court or in a (a) In General.—If a person provides transportation by State court. motor vehicle or service in clear violation of section 13901- (4) Judicial district defined.—In this section, "judicial 13904 or 13906,a person injured by the transportation or service district"means— may bring a civil action to enforce any such section. In a civil (A) in the case of a United States district court,a action under this subsection,trial is in the judicial district in which judicial district of the United States; ind the person who violated that section operates. 55 ICC Termination Act of 1995 Public Law 104-88 (b) Procedure.—A copy of the complaint in a civil action (6) Requests.—The carrier must not require the shipper under subsection (a)shall be served on the Secretary and a to agree to utilize arbitration prior to the time that a dispute arises. certificate of service must appear in the complaint filed with the If the dispute involves a claim for$1,000 or less and the shipper court. The Secretary may intervene in a civil action under sub- requests arbitration,such arbitration shall be binding on the section (a). The Secretary may notify the district court in which parties. If the dispute involves a claim for more than 51,000 and the action is pending that the Secretary intends to consider the the shipper requests arbitration,such arbitration shall be binding matter that is the subject of the complaint in a proceeding before on the parties only if the carrier agrees to arbitration. the Secretary. When that notice is filed,the court shall stay (7) Oral presentation of evidence.—The arbitrator may further action pending disposition of the proceeding before the provide for an oral presentation of a dispute concerning transpor- Secretary. tation of household goods by a party to the dispute (or a party's (c) Attorney's Fees.—In a civil action under subsection (a), representative), but such oral presentation may be made only if all the court may determine the amount of and award a reasonable parties to the dispute expressly agree to such presentation and attorney's fee to the prevailing party. That fee is in addition to the date,time,and location of such presentation. costs allowable under the Federal Rules of Civil Procedure. (8) Deadline for decision.—The arbitrator must,as expeditiously as possible but at least within 60 days of receipt of Sec. 14708. Dispute settlement program for written notification of the dispute,render a decision based on the household goods carriers information gathered;except that,in any case in which a party to the dispute fails to provide in a timely manner any information (a) Offering Shippers Arbitration.—As a condition of regis- concerning such dispute which the person settling the dispute tration under section 13902 or 13903,a carrier providing trans- may reasonably require to resolve the dispute,the arbitrator may portation of household goods subject to jurisdiction under extend such 60-day period for a reasonable period of time. A subchapter I or III of chapter 135 must agree to offer in accor- decision resolving a dispute may include any remedies appro- dance with this section to shippers of household goods arbitration priate under the circumstances, including repair, replacement, as a means of settling disputes between such carriers and refund, reimbursement for expenses, and compensation for shippers of household goods concerning damage or loss to the damages. household goods transported. (c) Limitation on Use of Materials.—Materials and informa- tion obtained in the course of a decision making process to settle (1) Prevention of special advantage.—The arbitration a dispute by arbitration under this section may not be used to that is offered must be designed to prevent a carrier from having bring an action under section 14905. any special advantage in any case in which the claimant resides (d) Attorney's Fees to Shippers.—In any court action to or does business at a place distant from the carrier's principal or resolve a dispute between a shipper of household goods and a other place of business. carrier providing transportation or service subject to jurisdiction (2) Notice of arbitration procedure.—The carrier must under subchapter I or III of chapter 135 concerning the transpor- provide the shipper an adequate notice of the availability of neutral tation of household goods by such carrier,the shipper shall be arbitration, including a concise easy-to-read, accurate summary awarded reasonable attorney's fees if— of the arbitration procedure,any applicable costs,and disclosure (1) the shipper submits a claim to the carrier within 120 of the legal effects of election to utilize arbitration. Such notice days after the date the shipment is delivered or the date the must be given to persons for whom household goods are to be delivery is scheduled,whichever is later; transported by the carrier before such goods are tendered to the carrier for transportation. (2) the shipper prevails in such court action;and (3) Provision of forms.—Upon request of a shipper,the (3) (A) a decision resolving the dispute was not rendered carrier must promptly provide such forms and other information through arbitration under this section within the period provided as are necessary for initiating an action to resolve a dispute under under subsection (b)(8)of this section or an extension of such arbitration. period under such subsection; or (4) Independence of arbitrator.—Each person author- (B) the court proceeding is to enforce a decision ized to arbitrate or otherwise settle disputes must be independent rendered through arbitration under this section and is instituted of the parties to the dispute and must be capable, as determined after the period for performance under such decision has under such regulations as the Secretary may issue,to resolve elapsed. such disputes fairly and expeditiously. The carrier must ensure (e) Attorney's Fees to Carriers.—In any court action to that each person chosen to settle the disputes is authorized and resolve a dispute between a shipper of household goods and a able to obtain from the shipper or carrier any material and relevant carrier providing transportation,or service subject to jurisdiction information to the extent necessary to carry out a fair and expedi- under subchapter I or III of chapter 135 concerning the transpor- tious decisionmaking process. tation of household goods by such carrier,such carrier may be (5) Apportionment of costs.—No shipper may be awarded reasonable attorney's fees by the court only if the charged more than half of the cost for instituting an arbitration shipper brought such action in bad faith— proceeding that is brought under this section. In the decision,the (1) after resolution of such dispute through arbitration arbitrator may determine which party shall pay the cost or a under this section;or portion of the cost of the arbitration proceeding, including the (2) after institution of an arbitration proceeding by the cost of instituting the -)roceeding. shipper to resolve su:h dispute under this section but before- 56 PART B — MOTOR CARRIERS, ETC. Chapter 149 — Civil and Criminal Penalties (A) the period provided under subsection (b)(8)for Sec. 14901. General civil penalties resolution of such dispute (including,if applicable,an extension of such period under such subsection)ends; and (a) Reporting and Recordkeeping.—Aperson required to make a report to the Secretary or the Board,answer a question, (B) a decision resolving such dispute is rendered. or make, prepare,or preserve a record under this part concerning (f) Limitation of Applicability to Collect-on-Delivery Trans- transportation subject to jurisdiction under subchapter I or III of portation.—The provisions of this section shall apply only in the chapter 135 or transportation by a foreign carrier registered under case of collect-on-delivery transportation of household goods. section 13902,or an officer, agent,or employee of that person (g) Review by Secretary.—Not later than 18 months after that— the effective date of this section,the Secretary shall complete a (1) does not make the report; review of the dispute settlement program established under this (2) does not specifically,completely,and truthfully section. If,after notice and opportunity for comment,the Secre- answer the question; tary determines that changes are necessary to such program to ensure the fair and equitable resolution of disputes under this (3) does not make, prepare, or preserve the record in the section,the Secretary shall implement such changes and transmit form and manner prescribed; a report to Congress on such changes. (4) does not comply with section 13901;or (5) does not comply with section 13902(c);is liable to Sec. 14709. Tariff reconciliation rules for motor the United States for a civil penalty of not less than$500 for each carriers of property violation and for each additional day the violation continues; Subject to review and approval by the Board,motor carriers except that,in the case of a person who is not registered under this part to provide transportation of passengers,or an officer, subject to jurisdiction under subchapter I of chapter 135 (other agent,or employee of such person,that does not comply with than motor carriers providing transportation of household goods) section 13901 with respect to providing transportation of passen- gers,shippers may resolve,by mutual consent,overcharge and gers,the amount of the civil penalty shall not be less than$2,000 under-charge claims resulting from incorrect tariff provisions or for each violation and for each additional day the violation billing errors arising from the inadvertent failure to properly and continues. timely file and maintain agreed upon rates, rules,or classifica tions in compliance with section 13702 or,with respect to trans- (b) Transportation of Hazardous Wastes.—A person subject portation provided before the effective date of this section, to jurisdiction under subchapter I of chapter 135,or an officer, sections 10761 and 10762,as in effect on the day before the agent,or employee of that person,and who is required to comply effective date of this section. Resolution of such claims among with section 13901 of this title but does not so comply with the parties shall not subject any party to the penalties for respect to the transportation of hazardous wastes as defined by departing from a tariff. the Environmental Protection Agency pursuant to section 3001 of the Solid Waste Disposal Act(but not including any waste the CHAPTER 149—CIVIL AND CRIMINAL regulation of which under the Solid waste Disposal Act has been suspended by Congress)shall be liable to the United States for a PENALTIES civil penalty not to exceed $20,000 for each violation. Sec. 14901. General civil penalties. (c) Factors to Consider in Determining Amount.—In deter- mining and negotiating the amount of a civil penalty under sub- Sec. 14902. Civil penalty for accepting rebates from carrier. section (a)or(d)concerning transportation of household goods, Sec. 14903. Tariff violations. the degree of culpability, any history of prior such conduct,the Sec. 14904. Additional rate violations. degree of harm to shipper or shippers,ability to pay,the effect on ability to do business,whether the shipper has been adequately Sec. 14905. Penalties for violations of rules relating to loading compensated before institution of the proceeding,and such other and unloading motor vehicles. matters as fairness may require shall be taken into account. Sec. 14906. Evasion of regulation of carriers and brokers. (d) Protection of Household Goods Shippers.—If a carrier Sec. 14907. Recordkeeping and reporting violations. providing transportation of household goods subject to juris- Sec. 14908. Unlawful disclosure of information. diction under subchapter I or III of chapter 135 or a receiver or trustee of such carrier fails or refuses to comply with any regu- Sec. 14909. Disobedience to subpoenas. lation issued by the Secretary or the Board relating to protection Sec. 14910. General civil penalty when specific penalty not of individual shippers,such carrier, receiver, or trustee is liable to provided. the United States for a civil penalty of not less than$1,000 for Sec. 14911. Punishment of corporation for violations committed each violation and for each additional day during which the viola- by certain individuals. tion continues. Sec. 14912. Weight-bumping in household goods (e) Violation Relating to Transportation of Household transportation. Goods.—Any person that knowingly engages in or knowingly authorizes an agent or other person— Sec. 14913. Conclusiveness of rates in certain prosecutions. (1) to falsify documents used in the transportation of Sec. 14914. Civil penalty procedures. household goods subject to jurisdiction under subchapter I or III of chapter 135 whch evidence the weight of a shipment;or 57 ICC Termination Act of 1995 Public Law 104-88 (2) to charge for accessorial services which are not per- than the rate in effect under section 13702 is liable to the United formed or for which the carrier is not entitled to be compensated States for civil penalty of not more than$100,000 for each in any case in which such services are not reasonably necessary violation. in the safe and adequate movement of the shipment is liable to (b) General Criminal Penalty.—A carrier providing transpor- the United States for a civil penalty of not less than$2,000 for tation or service subject to jurisdiction under chapter 135 or an each violation and of not less than$5,000 for each subsequent officer,director,receiver,trustee,lessee,agent,or employee of a violation. Any State may bring a civil action in the United States corporation that is subject to jurisdiction under that chapter,that district courts to compel a person to pay a civil penalty assessed willfully does not observe its tariffs as required under section under this subsection. 13702,shall be fined under title 18 or imprisoned not more than (f) Venue.—Trial in a civil action under subsections(a) 2 years,or both. through (e)of this section is in the judicial district in which— (c) Actions of Agents and Employees.—When acting in the (1) the carrier or broker has its principal office; scope of their employment,the actions and omissions of persons (2) the carrier or broker was authorized to provide trans- acting for or employed by a carrier or shipper that is subject to portation or service under this part when the violation occurred; this section are considered to be the actions and omissions of (3) the violation occurred;or that carrier or shipper as well as that person. (d) Venue.—Trial in a criminal action under this section is in (4) the offender is found. Process in the action may be the judicial district in which any part of the violation is committed served in the judicial district of which the offender is an inhabitant or through which the transportation is conducted. or in which the offender may be found. (g) Business Entertainment Expenses.— Sec. 14904. Additional rate violations (1) In general.—Any business entertainment expense (a) Rebates by Agents.—A person,or an officer,employee, incurred by a water carrier providing transportation subject to this or agent of that person,that— part shall not constitute a violation of this part if that expense would not be unlawful if incurred by a person not subject to this (1) offers,grants,gives,solicits,accepts,or receives a part. rebate for concession,in violation of a provision of this part related to motor carrier transportation subject to jurisdiction under (2) Cost of service.—Any business entertainment subchapter I of chapter 135;or expense subject to paragraph(1)that is paid or incurred by a water carrier providing transportation subject to this part shall not (2) by any means assists or permits another person to be taken into account in determining the cost of service or the get transportation that is subject to jurisdiction under that sub- rate base for purposes of section 13702. chapter at less than the rate in effect for that transportation under section 13702 is liable to the United States for a civil penalty of Sec. 14902. Civil penalty for accepting rebates from $200 for the first violation and 5250 for a subsequent violation. carrier (b) Undercharging.— (1) Freight forwarder.—A freight forwarder providing A person— service subject to jurisdiction under subchapter III of chapter 135, (1) delivering property to a carrier providing transporta- or an officer,agent,or employee of that freight forwarder,that tion or service subject to jurisdiction under chapter 135 for trans- assists a person in getting,or willingly permits a person to get, portation under this part or for whom that carrier will transport service provided under that subchapter at less than the rate in the property as consignor or consignee for that person from a effect for that service under section 13702,is liable to the United State or territory or possession of the United States to another States for a civil penalty of not more than$500 for the first State or possession,territory,or to a foreign country;and violation and not more than$2,000 for a subsequent violation. (2) knowingly accepting or receiving by any means a (2) Others.—A person that by any means gets,or rebate or offset against the rate for transportation for,or service attempts to get,service provided under subchapter III of of,that property contained in a tariff required under section 13702 chapter 135 at less than the rate in effect for that service under is liable to the United States for a civil penalty in an amount equal section 13702,is liable to the United States for a civil penalty of to 3 times the amount of money that person accepted or received not more than 5500 for the first violation and not more than as a rebate or offset and 3 times the value of other consideration $2,000 for a subsequent violation. accepted or received as a rebate or offset. In a civil action under this section,all money or other consideration received by the Sec. 14905. Penalties for violations of rules relating person during a period of 6 years before an action is brought to loading and unloading motor under this section may be included in determining the amount of the penalty,and if that total amount is included,the penalty shall vehicles be 3 times that total amount. (a) Civil Penalties.—Whoever knowingly authorizes,con- sents to,or permits a violation of subsection(a)or(b)of section Sec. 14903. Tariff violations 11103 or who knowingly violates subsection(a)of such section a Civil Penal for Undercharging and Overcharging.—A is liable to the United States for a civil penalty of not more than ( ) Penalty g g g g' person that offers,grants,gives,solicits,accepts,or receives by $10,000 for each violation. any means transportation or service provided for property by a carrier subject to jurisdiction under chaptir 135 at a rate different 58 PART C — PIPELINE CARRIERS Chapter 149 - Civil and Criminal Penalties (b) Criminal Penalties.—Whoever knowingly violates section I (1) in response to legal process issued under authority of 14103(b)of this title shall be fined under title 18 or imprisoned a court of the United States or a State; not more than 2 years,or both. (2) to an officer,employee,or agent of the United States Government,a State,or a territory or possession of the United Sec. 14906. Evasion of regulation of carriers and States;or brokers (3) to another carrier or its agent to adjust mutual traffic A person,or an officer,employee,or agent of that person,that accounts in the ordinary course of business. by any means tries to evade regulation provided under this part for carriers or brokers is liable to the United States for a civil Sec. 14909. Disobedience to subpoenas penalty of 5200 for the first violation and at least$250 for a Whoever does not obey a subpoena or requirement of the subsequent violation. Secretary or the Board to appear and testify or produce records shall be fined under title 18 or imprisoned not more than 1 year, Sec. 14907. Recordkeeping and reporting violations or both. A person required to make a report to the Secretary or the Board,as applicable,answer a question,or make, prepare,or Sec. 14910. General civil penalty when specific preserve a record under this part about transportation subject to penalty not provided jurisdiction under subchapter I or 111 of chapter 135, or an officer, When another civil penalty is not provided under this chapter,a agent,or employee of that person,that— person that violates a provision of this part or a regulation or (1) does not make that report; order prescribed under this part,or a condition of a registration (2) does not specifically,completely, and truthfully under this part related to transportation that is subject to juris- answer that question in 30 days from the date the Secretary or diction under subchapter I or III of chapter 135 or a condition of a Board,as applicable, requires the question to be answered; registration of a foreign motor carrier or foreign motor private (3) does not make,prepare,or preserve that record in the carrier under section 13902, is liable to the United States for a form and manner prescribed; civil penalty of$500 for each violation. A separate violation occurs each day the violation continues. (4) falsifies,destroys,mutilates,or changes that report or record; Sec. 14911. Punishment of corporation for viola- (5) files a false report or record; tions committed by certain individuals (6) makes a false or incomplete entry in that record about An act or omission that would be a violation of this part if a business related fact or transaction;or committed by a director,officer, receiver,trustee, lessee,agent,or (7) makes, prepares,or preserves a record in violation of employee of a carrier providing transportation or service subject an applicable regulation or order of the Secretary or Board is to jurisdiction under chapter 135 that is a corporation is also a liable to the United States for a civil penalty of not more than violation of this part by that corporation. The penalties of this $5,000. chapter apply to that violation. When acting in the scope of their employment,the actions and omissions of individuals acting for Sec. 14908. Unlawful disclosure of information or employed by that carrier are considered to be the actions and (a) Disclosure of Shipment and Routing Information.— omissions of that carrier as well as that individual. (1) Violations.—A carrier or broker providing transpor- Sec. 14912. Weight-bumping in household goods tation subject to jurisdiction under subchapter I, II,or III of chapter transportation 135 or an officer,receiver,trustee, lessee,or employee of that carrier or broker,or another person authorized by that carrier or (a) Weight-Bumping Defined.—For the purposes of this broker to receive information from that carrier or broker may not section, "weight-bumping" means the knowing and willful making disclose to another person,except the shipper or consignee,and or securing of a fraudulent weight on a shipment of household a person may not solicit,or receive,information about the nature, goods which is subject to jurisdiction under subchapter I or III of kind, quantity,destination,consignee,or routing of property chapter 135. tendered or delivered to that carrier or broker for transportation (b) Penalty.—Whoever has been found to have committed provided under this part without the consent of the shipper or weight-bumping shall be fined under title 18 or imprisoned not consignee if that information may be used to the detriment of the more than 2 years,or both. shipper or consignee or may disclose improperly to a competitor the business transactions of the shipper or consignee. Sec. 14913. Conclusiveness of rates in certain (2) Penalty.—A person violating paragraph (1)of this prosecutions subsection is liable to the United States for a civil penalty of not more than 52,000. When a carrier publishes or files a particular rate under (b) Limitation on Statutory Construction.—This part does section 13702 or participates in such a rate,the published or filed not prevent a carrier or broker providing transportation subject to rate is conclusive proof against that carrier, its officers,and jurisdiction under chapter 135 from giving information— agents that it is the legal rate for that transportation or service in a proceedinrl begun under section 14902 or 14903. A departure, 59 ICC Termination Act of 1995 Public Law 104-88 or offer to depart,from that published or filed rate is a violation of (3) A motor carrier may obtain the required amount of those sections. financial responsibility from more than one source provided the cumulative amount is equal to the minimum requirements of this Sec. 14914. Civil penalty procedures section. (a) In General.—After notice and an opportunity for a hear- (d) Minimum Financial Responsibility Requirements ing,a person found by the Surface Transportation Board to have with Respect to Certain Transportation Service.—Section violated a provision of law that the Board carnes out or a regu- 31138(e)is amended— lation prescribed under that law by the Board that is related to (1) by striking "or"at the end ofparagraph(2); transportation which occurs under subchapter II of chapter 135 (2) by striking the period at the end ofparagraph(3) for which a civil penalty is provided,is liable to the United States and inserting in lieu thereof';or";and for the civil penalty provided. The amount of the civil penalty shall be assessed by the Board by written notice. In determining the (3) by adding at the end the following: amount of the penalty,the Board shall consider the nature, (4) providing transportation service within a transit ser- circumstances,extent,and gravity of the prohibited acts com- vice area under an agreement with a Federal,State,or local gov- mitted and,with respect to the violator,the degree of culpability, ernment funded,in whole or in part,with a grant under section any history of prior offenses,ability to pay,and other matters that 5307,5310,or 5311,including transportation designed and justice requires. carried out to meet the special needs of elderly individuals and (b) Compromise.—The Board may compromise,modify,or individuals with disabilities;except that,in any case in which the remit,with or without consideration,a civil penalty until the transit service area is located in more than 1 State,the minimum assessment is referred to the Attorney General. level of financial responsibility for such motor vehicle will be at least the highest level required for any of such States. (c) Collection.—If a person fails to pay an assessment of a civil penalty after it has become final,the Board may refer the (e) Transporters of Property.—Section 31139(e)of such matter to the Attorney General for collection in an appropriate title is amended by adding at the end the following: district court of the United States. (3) A motor carrier may obtain the required amount of (d) Refunds.—The Board may refund or remit a civil penalty financial responsibility from more than one source provided the collected under this section if— cumulative amount is equal to the minimum requirements of this section. (1) application has been made for refund or remission of the penalty within 1 year from the date of payment;and 69 Commercial Motor Vehicle Defrned—Section 31132(1)of such title is amended— (2) the Board finds that the penalty was unlawfully, improperly,or excessively imposed. (/) by redesignating subparagraph(C)as subpara- graph(D);and [*1041 Sec. 104. MISCELLANEOUS MOTOR (2) by striking subparagraph(B)and inserting in lieu CARRIER PROVISIONS. thereof the following: (a) Grants to States.—Section 31102(6)(1)of title 49, (B) is designed or used to transport passengers for United States Code, is amended— compensation, but excluding vehicles providing taxicab service and having a capacity of not more than 6 passengers and not (1) by striking "and"at the end of subparagraph(0): operated on a regular route or between specified places; (2) by striking the period at the end ofsubpara- (C) is designed or used to transport more than 15 graph(P)and inserting in lieu thereof";and";and passengers,including the driver,and is not used to transport (3) by adding at the end thefollowing: passengers for compensation;or (Q) ensures that the State will cooperate in the (g) Safety Fitness of Owners and Operators.—Section enforcement of registration and financial responsibility require- 31144 of such title is amended— ments under sections 31140 and 31146,or regulations issued (1) in the first sentence of subsection(a)by striking thereunder. "In cooperation with the Interstate Commerce Commission,the (b) Transport Vehicles for Off-Road,Competition and inserting in lieu thereof'tie"; Vehicles.—Section 3111l(b)(1)of such title is amended— (2) in such sentence by striking "sections 10922 and (1) by striking "or"at the end of subparagraph(C); 10923"and inserting in lieu thereof"section 13902"; (2) by striking the period at the end of subparagraph (3) in subsection(a)(1)(C)by striking "and the (D)and inserting in lieu thereof a semicolon and "or";and Commission";and (3) by adding at the end thereof the following: (4) by striking subsection(b)and inserting in lieu (E) imposes a limitation of less than 46 feet on the thereof the following. distance from the kingpin to the center of the rear axle on trailers (b) Findings and Action on Registrations.—The Secretary used exclusively or primarily in connection with motor sports shall find that a person seeking to register as a motor carrier is competition events. unfit if such person does not meet the safety fitness requirements (c) Multiple Insurers.—Section 31138(c)ofsuch title is established under subsection(a)and shall not register such amended by adding at the end the following new paragraph: person. 60 PART C — PIPELINE CARRIERS Chapter 153 — Jurisdiction (h)Self-Insurance Rules.—The Secretary of Transporta- Sec. 15102. Definitions tion shall continue to enforce the rules and regulations of the Interstate Commerce Commission, as in effect on July 1, In this part- 1995,governing the qualifications for approval of a motor (1) Board.—The term"Board" means the Surface carrier as a self-insurer, until such time as the Secretaryfinds Transportation Board. it in the public interest to revise such rules. The revised rules (2) Pipeline carrier.—The term"pipeline carrier"means must provide for— a person providing pipeline transportation for compensation. (1) continued ability of motor carriers to qualify as (3) Rate.—The term"rate"means a rate or charge for self-insurers;and transportation. (2) the continued qualification of all carriers then so (4) State.—The term"State"means a State of the United qualified under the terms and conditions set by the Interstate States and the District of Columbia. Commerce Commission or Secretary at the time of qualification. (5) Transportation.—The term"transportation" ncludes— [*1051 [Editor Note: This provision affects only (A) property,facilities, instrumentalities,or equip- those employees of the ICC terminated on ment of any kind related to the movement of property, regardless the date of the ICC termination.] of ownership or an agreement concerning use; and (B) services related to that movement, including [*1061 Sec. 106. PIPELINE CARRIER receipt, delivery,transfer in transit,storage, handling, and inter- PROVISIONS. change of property. (a)Amendment to Title 49.—Subtitle IV of title 49, (6) United States.—The term"United States"means the United States Code, is further amended by adding at the end States of the United States and the District of Columbia. the following: Sec. 15103. Remedies as cumulative PART C — PIPELINE CARRIERS Except as otherwise provided in this part,the remedies provided under this part are in addition to remedies existing under another law or common law. CHAPTER 151 — GENERAL PROVISIONS Sec. 15101. Transportation policy. CHAPTER 153—JURISDICTION Sec. 15102. Definitions. Sec. 15301. General pipeline jurisdiction. Sec. 15103. Remedies as cumulative. Sec. 15302. Authority to exempt pipeline carrier transportation. Sec. 15101. Transportation policy Sec. 15301. General pipeline jurisdiction (a) In General.—To ensure the development,coordination, (a) In General.—The Board has jurisdiction over transporta- and preservation of a transportation system that meets the trans- tion by pipeline,or by pipeline and railroad or water,when trans- portation needs of the United States,including the national porting a commodity other than water,gas, or oil. Jurisdiction defense, it is the policy of the United States Government to over- under this subsection applies only to transportation in the United see of the modes of transportation and in overseeing those States between a place in— modes— (1) a State and a place in another State; (1) to recognize and preserve the inherent advantage of (2) the District of Columbia and another place in the each mode of transportation; District of Columbia; (2) to promote safe,adequate,economical,and efficient (3) a State and a place in a territory or possession of the transportation; United States; (3) to encourage sound economic conditions in transpor- (4) a territory or possession of the United States and a tation, including sound economic conditions among carriers; place in another such territory or possession; (4) to encourage the establishment and maintenance of (5) a territory or possession of the United States and reasonable rates for transportation without unreasonable discrim- another place in the same territory or possession; ination or unfair or destructive competitive practices; (5) to cooperate with each State and the officials of each (6) the United States and another place in the United State on transportation matters;and States through a foreign country;or (6) to encourage fair wages and working conditions in the (�) the United States and a place in a foreign country. transportation industry. (b) No Jurisdiction Over Intrastate Transportation.—The (b) Administration to Carry Out Policy.—This part shall be Board does not have jurisdiction under subsection (a)over the administered and enforced to carry out the policy of this section. transportation of 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 plac e in the Unite F1 ICC Termination Act of 1995 Public Law 104-88 States and a place in a foreign country except as otherwise (b) Nondiscrimination.—A pipeline carrier providing trans- provided in this part. portation subject to this part may not discriminate in its rates (c) Protection of States Powers.—This part does not affect against a connecting line of any other pipeline,rail,or water the power of a State,in exercising its police power,to require carrier providing transportation subject to this subtitle or reasonable intrastate transportation by carriers providing trans- unreasonably discriminate against that line in the distribution of portation subject to the jurisdiction of the Board under this traffic that is not routed specifically by the shipper. chapter unless the State requirement is inconsistent with an order of the Board issued under this part or is prohibited under this Sec. 15502. Authority for pipeline carriers to part. establish rates, classifications, rules, and practices Sec. 15302. Authority to exempt pipeline carrier transportation A pipeline carrier providing transportation or service subject to this part shall establish— (a) In General.—In a matter related to a pipeline carrier pro- (1) rates and classifications for transportation and viding transportation subject to jurisdiction under this chapter,the service it may provide under this part;and Board shall exempt a person,class of persons,or a transaction or (2) rules and practices on matters related to that trans- service when the Board finds that the application,in whole or in portation or service. part,of a provision of this part— (1) is not necessary to carry out the transportation policy Sec. 15503. Authority and criteria: rates, of section 15101;and classifications, rules, and practices (2) either(A)the transaction or service is of limited prescribed by Board scope,or(B)the application,in whole or in part,of the provision is not needed to protect shippers from the abuse of market power. (a) In General.—When the Board,after a full hearing, (b) Initiation of Proceeding.—The Board may,where appro- decides that a rate charged or collected by a pipeline carrier for priate,begin a proceeding under this section on its own initiative transportation subject to this part,or that a classification,rule,or or an interested party. practice of that carrier,does or will violate this part,the Board may prescribe the rate,classification,rule,or practice to be (c) Period of Exemption.—The Board may specify the period followed. In prescribing the rate,classification,rule,or practice, of time during which an exemption granted under this section is the Board may utilize rate reasonableness procedures that provide effective. an effective simulation of a market-based price for a stand alone (d) Revocation.—The Board may revoke an exemption,to pipeline. The Board may order the carrier to stop the violation. the extent it specifies,when it finds that application,in whole or in When a rate,classification,rule,or practice is prescribed under part,of a provision of this part to the person,class,or transpor- this subsection,the affected carrier may not publish,charge,or tation is necessary to carry out the transportation policy of collect a different rate and shall adopt the classification and section 15101. observe the rule or practice prescribed by the Board. (b) Factors to Consider.—When prescribing a rate,classifi- CHAPTER 155 — RATES cation,rule,or practice for transportation or service by a pipeline carrier,the Board shall consider,among other factors— Sec. 15501. Standards for pipeline rates,classifications, (1) the effect of the prescribed rate,classification,rule,or through routes, rules,and practices. practice on the movement of traffic by that carrier; Sec. 15502. Authority for pipeline carriers to establish rates, (2) the need for revenues that are sufficient,under classifications,rules,and practices. honest,economical,and efficient management,to let the carrier Sec. 15503. Authority and criteria:rates,classifications, rules, provide that transportation or service;and and practices prescribed by Board. (3) the availability of other economic transportation after- Sec. 15504. Government traffic. natives. Sec. 15505. Prohibition against discrimination by pipeline (c) Proceeding.—The Board may begin a proceeding under carriers. this section on complaint. A complaint under this section must Sec. 15506. Facilities for interchange of traffic. contain a full statement of the facts and the reasons for the com- plaint and must be made under oath. Sec. 15501. Standards for pipeline rates, Sec. 15504. Government traffic classifications,through routes, rules and practices A pipeline carrier providing transportation or service for the United States Government may transport property for the United (a) Reasonableness.—A rate,classification, rule,or practice States Government without charge or at a rate reduced from the related to transportation or service provided by a pipeline carrier applicable commercial rate. Section 3709 of the Revised Statutes subject to this part must be reasonable. A through route estab- (41 U.S.C.5)does not apply when transportation for the United lished by such a carrier must be reasonable. States Government can be obtained from a carrier lawfully operating in the area where the transportation would be provided. 62 PART C — PIPELINE CARRIERS Chapter 157 — Operations of Carriers Sec. 15505. Prohibition against discrimination by (e) Regulations.—The Board shall, by regulation,establish pipeline carriers rules to implement this section. The regulations shall provide for immediate disclosure and dissemination of rates and service A pipeline carrier providing transportation or service subject to terms, including classifications,rules, and practices,and their this part may not subject a person, place, port,or type of traffic effective dates. The regulations may modify the 20-day period to unreasonable discrimination. specified in subsection (c). Final regulations shall be adopted by the Board not later than 180 days after the effective date of this Sec. 15506. Facilities for interchange of traffic section. A pipeline carrier providing transportation subject to this part shall provide reasonable, proper,and equal facilities that are Subchapter B— Operations of Carriers within its power to provide for the interchange of traffic between, and for the receiving,forwarding,and delivering of property to Sec. 15721. Definitions and from, its respective line and a connecting line of a pipeline, rail,or water carrier under this subtitle. In this subchapter,the following definitions apply: (1) Carrier,lessor.—The terms"carrier"and "lessor" CHAPTER 157— OPERATIONS OF CARRIERS include a receiver or trustee of a pipeline carrier and lessor, respectively. Subchapter A— General Requirements (2) Lessor.—The term"lessor"means a person owning a pipeline that is leased to and operated by a carrier providing Sec. 15701. Providing transportation and service. transportation under this part. (3) Association.—The term"association" means an Subchapter B —Operations of Carriers organization maintained by or in the interest of a group of pipeline carriers that performs a service, or engages in activities, related Sec. 15721. Definitions. to transportation under this part. Sec. 15722. Records:form; inspection; preservation. Sec. 15723. Reports by carriers,lessors,and associations. Sec. 15722. Records: form; inspection; preservation (a) Form of Records.—The Board may prescribe the form of Subchapter A— General Requirements records required to be prepared or compiled under this sub- chapter by pipeline carriers and lessors, including records related to movement of traffic and receipts and expenditures of money. Sec. 15701. Providing transportation and service (b) Inspection.—The Board,or an employee designated by (a) Service on Reasonable Request.—A pipeline carrier the Board, may on demand and display of proper credentials— providing transportation or service under this part shall provide (1) inspect and examine the lands, buildings,and the transportation or service on reasonable request. equipment of a pipeline carrier or lessor; and (b) Rates and Other Terms.—A pipeline carrier shall also (2) inspect and copy any record of— provide to any person,on request,the carrier's rates and other (A) a pipeline carrier, lessor,or association;and service terms. The response by a pipeline carrier to a request for the carrier's rates and other service terms shall be— (B) a person controlling,controlled by,or under (1) in writing and forwarded to the requesting person common control with a pipeline carrier if the Board considers promptly after receipt of the request;or inspection relevant to that person's relation to,or transaction with, that carrier. (2) promptly made available in electronic form. (c) Preservation Period.—The Board may prescribe the time (c) Limitation on Rate Increases and Changes to Service period during which operating, accounting, and financial records Terms.—A pipeline carrier may not increase any common carrier must be preserved by pipeline carriers and lessors. rates or change any common carrier service terms unless 20 days have expired after written or electronic notice is provided to Sec. 15723. Reports by carriers, lessors, and any person who,within the previous 12 months— associations (1) has requested such rates or terms under sub section (b);or (a) Filing of Reports.—The Board may require pipeline (2) has made arrangements with the carrier for a ship carriers, lessors, and associations, or classes of them as the ment that would be subject to such increased rates or changed Board may prescribe,to file annual, periodic, and special reports with the Board containing answers to questions asked by it. terms. (d) Provision of Service.—A pipeline carrier shall provide (b) Under Oath.—Any report under this section shall be made under oath. transportation or service in accordance with the rates and service terms,and any changes thereto,as published or otherwise made available under subsection (b)or(c). 63 ICC Termination Act of 1995 Public Law 104-88 CHAPTER 159—ENFORCEMENT: able as those given by the carrier,for like traffic under similar INVESTIGATIONS, RIGHTS, AND REMEDIES conditions to another person. Sec. 15901. General authority. Sec. 15904. Rights and remedies of persons injured Sec. 15902. Enforcement by the Board. by pipeline carriers Sec. 15903. Enforcement by the Attorney General. (a) Enforcement of Orders.—A person injured because a Sec. 15904. Rights and remedies of persons injured by certain pipeline carrier providing transportation or service subject to this carriers. part does not obey an order of the Board,except an order for the payment of money,may bring a civil action to enforce that order Sec. 15905. Limitation on actions by and against pipeline under this subsection. carriers. (b) Liability of Carrier.— Sec. 15906. Liability of pipeline carriers under receipts and bills of lading. (1) Excessive charges.—A pipeline carrier providing transportation subject to this part is liable to a person for Sec. 15907. Liability when property is delivered in violation of amounts charged that exceed the applicable rate for the trans- routing instructions. portation. Sec. 15901. General authority (2) Damages.—A pipeline carrier providing transpor- tation subject to this part is liable for damages sustained by a (a) Investigation;Compliance Order.—Except as otherwise person as a result of an act or omission of that carrier in violation provided in this part,the Board may begin an investigation under of this part. this part only on complaint. If the Board finds that a pipeline (c) Complaints.— carrier is violating this part,the Board shall take appropriate action to compel compliance with this part. The Board shall (1) Filing.—A person may file a complaint with the provide the carrier notice of the investigation and an opportunity Board under section 11501(b)or bring a civil action under for a proceeding. subsection(b)to enforce liability against a pipeline carrier (b) Complaint.—A person,including a governmental author- providing transportation subject to this part. ity,may file with the Board a complaint about a violation of this (2) Payment deadline.— When the Board makes an part by a pipeline carrier providing transportation or service sub- award under subsection (b),the Board shall order the carrier to ject to this part. The complaint must state the facts that are the pay the amount awarded by a specific date. The Board may order subject of the violation. The Board may dismiss a complaint it a carrier providing transportation subject to this part to pay dam- determines does not state reasonable grounds for investigation ages only when the proceeding is on complaint. The person for and action. However,the Board may not dismiss a complaint whose benefit an order of the Board requiring the payment of made against a pipeline carrier providing transportation subject to money is made may bring a civil action to enforce that order this part because of the absence of direct damage to the com- under this paragraph if the carrier does not pay the amount plainant. awarded by the date payment was ordered to be made. (c) Automatic Dismissal.—A formal investigative proceeding (d) Civil Actions.— begun by the Board under subsection(a)is dismissed auto- (1) Complaint.—When a person begins a civil action matically unless it is concluded by the Board with administrative under subsection(b)to enforce an order of the Board requiring finality by the end of the 3d year after the date on which it was the payment of damages by a pipeline carrier providing transpor- begun. tation subject to this part,the text of the order of the Board must be included in the complaint. In addition to the district courts of Sec. 15902. Enforcement by the Board the United States,a State court of general jurisdiction having jurisdiction of the parties has jurisdiction to enforce an order The Board may bring a civil action to enforce an order of the under this paragraph. The findings and order of the Board are Board,except a civil action to enforce an order for the payment of competent evidence of the facts stated in them. Trial in a civil money,when it is violated by a pipeline carrier providing trans- action brought in a district court of the United States under this portation subject to this part. paragraph is in the judicial district in which the plaintiff resides or in which the principal operating office of the carrier is located. In Sec. 15903. Enforcement by the Attorney General a civil action under this paragraph,the plaintiff is liable for only (a) On Behalf of Board.—The Attorney General may,and on those costs that accrue on an appeal taken by the plaintiff. request of the Board shall,bring court proceedings to enforce this (2) Attorney's fees.—The district court shall award a part or a regulation or order of the Board and to prosecute a reasonable attorney's fee as a part of the damages for which a person violating this part or a regulation or order of the Board carrier is found liable under this subsection. The district court issued under this part. shall tax and collect that fee as a part of the costs of the action. (b) On Behalf of Others.—The United States Government may bring a civil action on behalf of a person to compel a pipeline Sec. 15905. Limitation on actions by and against carrier providing transportation or service subject to this part to pipeline carriers provide that transportation or service to that person in compliance (a) In General.—A pipeline carrier providing transportation with this part at the same rate charged,or on conditions as favor- or service subject to-.his part mus'begin a civil action to recover 64 PART C — PIPELINE CARRIERS Chapter 161 — Civil and Criminal Penalties charges for transportation or service provided by the carrier the receipt or bill of lading was issued is entitled to recover from within 3 years after the claim accrues. the carrier over whose line or route the loss or injury occurred the (b) Overcharges.—A person must begin a civil action to amount required to be paid to the owners of the property,as evi- recover overcharges under section 15904(b)(1) within 3 years denced by a receipt,judgment,or transcript,and the amount of after the claim accrues. If an election to file a complaint with the its expenses reasonably incurred in defending a civil action Board is made under section 15904(c)(1),the complaint must be brought by that person. filed within 3 years after the claim accrues. (c) Civil Actions.—A civil action under this section may be (c) Damages.—A person must file a complaint with the brought against a delivering carrier in a district court of the United Board to recover damages under section 15904(b)(2)within States or in a State court. Trial,if the action is brought in a dis- t years after the claim accrues. trict court of the United States is in a judicial district, and if in a State court, is in a State,through which the defendant carrier (d) Extensions.—The limitation periods under subsection (b) operates a line or route. are extended for 6 months from the time written notice is given to the claimant by the carrier of disallowance of any part of the (d) Minimum Period for Filing Claims.—A pipeline carrier may not provide by rule,contract,or otherwise,a period of less claim specified in the notice if a written claim is given to the car- rier within those limitation periods. The limitation periods under than 9 months for filing a claim against it under this section and a subsection (b)and the 2-year period under subsection (c)are period of less than 2 years for bringing a civil action against it extended for 90 days from the time the carrier begins a civil under this section. The period for bringing a civil action is com- puted from the date the carrier gives a person written notice that action under subsection (a)to recover charges related to the sthe carrier has disallowed any part of the claim specified in the same transportation or service,or collects (without beginning a civil action under that subsection)the charge for that transporta — tion or service if that action is begun or collection is made within (1) an offer of compromise shall not constitute a dis- the appropriate period. allowance of any part of the claim unless the carrier, in writing, (e) Payment.—A person must begin a civil action to enforce informs the claimant that such part of the claim is disallowed and an order of the Board against a carrier for the payment of money provides reasons for such disallowance; and within one year after the date the order required the money to be (2) communications received from a carrier's insurer paid. shall not constitute a disallowance of any part of the claim unless (f) Government Transportation.—This section applies to the insurer,in writing, informs the claimant that such part of the transportation for the United States Government. The time limita- claim is disallowed,provides reasons for such disallowance, and tions under this section are extended,as related to transportation informs the claimant that the insurer is acting on behalf of the for or on behalf of the United States Government,for 3 years from carrier. the date of— (1) payment of the rate for the transportation or service CHAPTER 161 — CIVIL AND CRIMINAL involved, PENALTIES (2) subsequent refund for overpayment of that rate, or Sec. 16101. General civil penalties. (3) deduction made under section 3726 of title 31, Sec. 16102. Recordkeeping and reporting violations. whichever is later. Sec. 16103. Unlawful disclosure of information. (g) Accrual Date.—A claim related to a shipment of property accrues under this section on delivery or tender of delivery by the Sec. 16104. Disobedience to subpoenas. carrier. Sec. 16105. General criminal penalty when specific penalty not provided. Sec. 15906. Liability of pipeline carriers under Sec. 16106. Punishment of corporation for violations committed receipts and bills of lading by certain individuals. (a) General Liability.—A pipeline carrier providing transpor tation or service subject to this part shall issue a receipt or bill of Sec. 16101. General civil penalties lading for property it receives for transportation under this part. (a) General.—Except as otherwise provided in this section,a That carrier and any other carrier that delivers the property and is pipeline carrier providing transportation subject to this part, an providing transportation or service subject to jurisdiction under officer or agent of that carrier,or a receiver,trustee, lessee, or this part are liable to the person entitled to recover under the agent of one of them,knowingly violating this part or an order of receipt or bill of lading. The liability imposed under this sub- the Board under this part is liable to the United States for a civil section is for the actual loss or injury to the property caused by penalty of not more than S5,000 for each violation. Liability under the carrier over whose line or route the property is transported in this subsection is incurred for each distinct violation. A separate the United States or from a place in the United States to a place in violation occurs for each day the violation continues. an adjacent foreign country when transported under a through bill (b) Recordkeeping and Reporting.— of lading. Failure to issue a receipt or bill of lading does not affect the liability of a carrier. (1) Records.—A person required under chapter 157 to (b) Apportionment.—The carrier issuing the receipt or bill of make, prepare, preserve,or submit to the Board a record con- lading under subsection (a) or delivering the property for which cerning transportation subject to this part that does not make, prepare, preserve,or submit&.t record as re wired under that 65 ICC Termination Act of 1995 Public Law 104-88 chapter,is liable to the United States for a civil penalty of$500 for (3) to another carrier or its agent to adjust mutual traffic each violation. accounts in the ordinary course of business. (2) Inspection.—A carrier providing transportation (c) Board Employee.—An employee of the Board delegated subject to this part,and a lessor,receiver,or trustee of that to make an inspection or examination under section 15722 who carrier,violating section 15722,is liable to the United States for a knowingly discloses information acquired during that inspection civil penalty of$100 for each violation. or examination,except as directed by the Board,a court,or a (3) Reports.—A carrier providing transportation subject judge of that court,shall be fined under title 18 or imprisoned for to the jurisdiction of the Board under this part,a lessor,receiver, not more than 6 months,or both. or trustee of that carrier,and an officer,agent,or employee of one of them,required to make a report to the Board or answer a Sec. 16104. Disobedience to subpoenas question that does not make the report or does not specifically, Whoever does not obey a subpoena or requirement of the completely,and truthfully answer the question,is liable to the Board to appear and testify or produce records shall be fined United States for a civil penalty of$100 for each violation. under title 18 or imprisoned not more than 1 year,or both. (4) Continued violation.—A separate violation occurs for each day violation under this subsection continues. Sec. 16105. General criminal penalty when specific (d) Venue.—Trial in a civil action under this section is in the penalty not provided judicial district in which the carrier has its principal operating office. When another criminal penalty is not provided under this chapter,a pipeline carrier providing transportation subject to this Sec. 16102. Recordkeeping and reporting violations part,and when that carrier is a corporation,a director or officer of the corporation,or a receiver,trustee, lessee,or person acting for A person required to make a report to the Board,or make, or employed by the corporation that,alone or with another prepare,or preserve a record,under chapter 157 about trans- person,willfully violates this part or an order prescribed under portation subject to this part that knowingly and willfully— this part,shall be fined under title 18 or imprisoned not more than (1) makes a false entry in the report or record, 2 years,or both. A separate violation occurs each day a violation of this part continues. (2) destroys,mutilates,changes,or by another means falsifies the record, Sec. 16106. Punishment of corporation for (3) does not enter business related facts and transactions violations committed by certain in the record, individuals (4) makes,prepares,or preserves the record in violation of a regulation or order of the Board,or An act or omission that would be a violation of this subtitle if committed by a director,officer, receiver,trustee,lessee,agent,or (5) files a false report or record,the Board shall be fined employee of a pipeline carrier providing transportation or service under title 18 or imprisoned not more than 2 years,or both. subject to this part that is a corporation is also a violation of this Sec. 16103. Unlawful disclosure of information part by that corporation. The penalties of this chapter apply to that violation. When acting in the scope of their employment,the (a) General Prohibition.—A pipeline carrier providing trans- actions and omissions of individuals acting for or employed by portation subject to this part,or an officer,agent,or employee of that carrier are considered to be the actions and omissions of that that carrier,or another person authorized to receive information carrier as well as that individual. from that carrier,that knowingly discloses to another person, (b) GAO Report.—Within 3 years after the effective date of except the shipper or consignee,or a person who solicits or this Act,the Comptroller General shall transmit to the Committee knowingly receives information about the nature,kind,quantity, on Commerce,Science,and Transportation of the Senate and the destination,consignee,or routing of property tendered or deliv- Committee on Transportation and Infrastructure of the House of ered to that carrier for transportation provided under this part Representatives a report regarding the impact of regulations without the consent of the shipper or consignee,if that informa- under part C of title 49,United States Code,on the competitive- tion may be used to the detriment of the shipper or consignee or ness of pipelines and recommend whether to continue,revise,or may disclose improperly,to a competitor the business trans- sunset such regulations. Congress shall take into account the actions of the shipper or consignee,is liable to the United States findings of this report when considering the Board's for a civil penalty of not more than S1,000. reauthorization. (b) Limitation on Statutory Construction.—This part does not prevent a pipeline carrier providing transportation under this part from giving information— (1) in response to legal process issued under authority of a court of the United States or a State; (2) to an officer,employee,or agent of the United States Government,a State,or a territory or possession of the United States;or 66 SURFACE TRANSPORTATION BOARD Sec. 201 — Title 49 Amendment TITLE II— SURFACE TRANSPORTATION qualified, but for a period not to exceed one year. The President BOARD may remove a member for inefficiency,neglect of duty,or mal- feasance in office. 1*2011 Sec. 201. TITLE 49 AMENDMENT. (4) On the effective date of this section,the members of the Interstate Commerce Commission serving unexpired terms on (a)Amendment.—Subtitle I of title 49, United States the date of the enactment of the ICC Termination Act of 1995 shall Code, is amended by adding at the end the following new become members of the Board,to serve for a period of time chapter: equal to the remainder of the term for which they were originally appointed to the Interstate Commerce Commission. Any member CHAPTER 7 — SURFACE TRANSPORTATION of the Interstate Commerce Commission whose term expires on BOARD December 31, 1995,shall become a member of the Board, subject to paragraph (3). SUBCHAPTER I — ESTABLISHMENT (5) No individual may serve as a member of the Board for more than 2 terms. In the case of an individual who becomes a Sec.701. Establishment of Board. member of the Board pursuant to paragraph(4),or an individual Sec.702. Functions. appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, Sec.703. Administrative provisions. such individual may not be appointed for more than one additional Sec. 704. Annual report. term. Sec.705. Authorization of appropriations. (6) A member of the Board may not have a pecuniary Sec. 706. Reporting official action. interest in,hold an official relation to,or own stock in or bonds of, a carrier providing transportation by any mode and may not engage in another business,vocation,or employment. SUBCHAPTER II —ADMINISTRATIVE (7) A vacancy in the membership of the Board does not Sec.721. Powers. impair the right of the remaining members to exercise all of the powers of the Board. The Board may designate a member to act Sec. 722. Board action. as Chairman during any period in which there is no Chairman Sec.723. Service of notice in Board proceedings. designated by the President. Sec. 724. Service of process in court proceedings. (c) Chairman.— Sec. 725. Administrative support. (1) There shall be at the head of the Board a Chairman, Sec. 726. Railroad-Shipper Transportation Advisory Council. who shall be designated by the President from among the mem- bers of the Board. The Chairman shall receive compensation at Sec. 727. Definitions. the rate prescribed for level III of the Executive Schedule under section 5314 of title 5. SUBCHAPTER I — ESTABLISHMENT (2) Subject to the general policies,decisions,findings, and determinations of the Board,the Chairman shall be respon- sible for administering the Board. The Chairman may delegate the powers granted under this paragraph to an officer,employee,or (a) Establishment.—There is hereby established within the office of the Board. The Chairman shall— Department of Transportation the Surface Transportation Board. (A) appoint and supervise,other than regular and (b) Membership.— full-time employees in the immediate offices of another member, (1) The Board shall consist of 3 members,to be the officers and employees of the Board, including attorneys to provide legal aid and service to the Board and its members,and appointed by the President,by and with the advice and consent of to represent the Board in any case in court; the Senate. Not more than 2 members may be appointed from the same political party. (B) appoint the heads of offices with the approval of (2) At any given time,at least 2 members of the Board the Board; shall be individuals with professional standing and demonstrated (C) distribute Board business among officers and knowledge in the fields of transportation or transportation regula- employees and offices of the Board; tion,and at least one member shall be an individual with profes- (D) prepare requests for appropriations for the Board sional or business experience (including agriculture) in the private and submit those requests to the President and Congress with the sector. prior approval of the Board;and (3) The term of each member of the Board shall be (E) supervise the expenditure of funds allocated by 5 years and shall begin when the term of the predecessor of that the Board for major programs and purposes. member ends. An individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that Sec. 702. Functions individual was appointed,shall be appointed for the remainder of that term. When the term of office of a member ends,the Except as otherwise provided in the ICC Termination Act of member may continue to serve until 4 successor it appointed and 1995,or the amendments made they Eby,the Board shall perform 67 ICC Termination Act of 1995 Public Law 104-88 all functions that, immediately before the effective date of such Sec. 706. Reporting official action Act,were functions of the Interstate Commerce Commission or were performed by any officer or employee of the Interstate (a) Reports on Proceedings.—The Board shall make a Commerce Commission in the capacity as such officer or written report of each proceeding conducted on complaint or on employee. its own initiative and furnish a copy to each party to that proceed- ng. The report shall include the findings,conclusions,and the Sec. 703. Administrative provisions order of the Board and, if damages are awarded,the findings of fact supporting the award. The Board may have its reports pub- (a) Executive Reorganization.—Chapter 9 of title 5,United lished for public use. A published report of the Board is compe- States Code, shall apply to the Board in the same manner as it tent evidence of its contents. does to an independent regulatory agency,and the Board shall be (b) Special Rules for Matters Related to Rail Carriers.— an establishment of the United States Government. (1) When action of the Board in a matter related to a rail (b) Open Meetings.—For purposes of section 552b of title 5, carrier is taken by the Board, an individual member of the Board, United States Code,the Board shall be deemed to be an agency. or another individual or group of individuals designated to take (c) Independence.—In the performance of their functions, official action for the Board,the written statement of that action the members,employees,and other personnel of the Board shall (including a report,order,decision and order,vote, notice,letter, not be responsible to or subject to the supervision or direction of policy statement,or regulation)shall indicate— any officer,employee, or agent of any other part of the (A) the official designation of the individual or group Department of Transportation. taking the action, (d) Representation by Attorneys.—Attorneys designated by (B) the name of each individual taking, or participat- the Chairman of the Board may appear for,and represent the ing in taking,the action;and Board in, any civil action brought in connection with any function carried out by the Board pursuant to this chapter or subtitle IV or (C) the vote or position of each participating as otherwise authorized by law. individual. (e) Admission to Practice.—Subject to section 500 of title 5, (2) If an individual member of a group taking an official the Board may regulate the admission of individuals to practice action referred to in paragraph (1)does not participate in it,the before it and may impose a reasonable admission fee. written statement of the action shall indicate that the member did not participate. An individual participating in taking an official (f) Budget Requests.—In each annual request for appro- action is entitled to express the views of that individual as part of priations by the President,the Secretary of Transportation shall the written statement of the action. In addition to any publication identify the portion thereof intended for the support of the Board of the written statement, it shall be made available to the public and include a statement by the Board— under section 552(a)of title 5. (1) showing the amount requested by the Board in its budgetary presentation to the Secretary and the Office of Manage- SUBCHAPTER II — ADMINISTRATIVE ment and Budget; and (2) an assessment of the budgetary needs of the Board. Sec. 721. Powers (g) Direct Transmittal to Congress.—The Board shall transmit to Congress copies of budget estimates, requests, and (a) In General.—The Board shall carry out this chapter and information (including personnel needs),legislative recommen- subtitle IV. Enumeration of a power of the Board in this chapter or dations, prepared testimony for congressional hearings, and subtitle IV does not exclude another power the Board may have in comments on legislation at the same time they are sent to the carrying out this chapter or subtitle IV. The Board may prescribe Secretary of Transportation. An officer of an agency may not regulations in carrying out this chapter and subtitle IV. impose conditions on or impair communications by the Board (b) Inquiries, Reports, and Orders.—The Board may— with Congress,or a committee or Member of Congress, about the information. (1) inquire into and report on the management of the business of carriers providing transportation and services subject Sec. 704. Annual report to subtitle IV, (2) inquire into and report on the management of the The Board shall annually transmit to the Congress a report on business of a person controlling,controlled by,or under common its activities. control with those carriers to the extent that the business of that person is related to the management of the business of that Sec. 705. Authorization of appropriations carrier; There are authorized to be appropriated for the activities of the (3) obtain from those carriers and persons information Board— the Board decides is necessary to carry out subtitle IV; and (1) $8,421,000 for fiscal year 1996; (4) when necessary to prevent irreparable harm, issue an (2) $12,000,000 for fiscal year 1997; and appropriate order without regard to subchapter II of chapter 5 of title 5. (3) $12,000,000 for fiscal year 1998. 68 SURFACE TRANSPORTATION BOARD Sec. 201 — Title 49 Amendment (c) Subpoena Witnesses.— notice. Notice may be given in a manner determined by the (1) The Board may subpoena witnesses and records Board. A court of competent jurisdiction may suspend or set related to a proceeding of the Board from any place in the United aside any such action. States,to the designated place of the proceeding. If a witness (c) Reconsidering Actions.—The Board may,at any time on disobeys a subpoena,the Board,or a party to a proceeding its own initiative because of material error, new evidence,or sub- before the Board,may petition a court of the United States to stantially changed circumstances— enforce that subpoena. (1) reopen a proceeding; (2) The district courts of the United States have juris- (2) grant rehearing,reargument, or reconsideration of an diction to enforce a subpoena issued under this section. Trial is action of the Board; or in the district in which the proceeding is conducted. The court may punish a refusal to obey a subpoena as a contempt of court. (3) change an action of the Board. An interested party may petition to reopen and reconsider an action of the Board (d) Depositions.— under this subsection under regulations of the Board. (1) In a proceeding,the Board may take the testimony of (d) Finality of Actions.—Notwithstanding subtitle IV,an a witness by deposition and may order the witness to produce action of the Board under this section is final on the date on which records. A party to a proceeding pending before the Board may it is served,and a civil action to enforce,enjoin,suspend,or set take the testimony of a witness by deposition and may require the aside the action may be filed after that date. witness to produce records at any time after a proceeding is at issue on petition and answer. Sec. 723. Service of notice in Board proceedings (2) If a witness fails to be deposed or to produce records under paragraph (1),the Board may subpoena the witness to take (a) Designation of Agent.—A carrier providing transportation a deposition, produce the records,or both. subject to the jurisdiction of the Board under subtitle IV shall designate an agent in the District of Columbia,on whom service (3) A deposition may be taken before a judge of a court of notices in a proceeding before, and of actions of,the Board of the United States,a United States magistrate judge,a clerk of a may be made. district court, or a chancellor,justice,or judge of a supreme or superior court, mayor or chief magistrate of a city,judge of a (b) Filing and Changing Designations.—A designation under subsection (a)shall be in writing and filed with the Board. The county court,or court of common pleas of any State,or a notary public who is not counsel or attorney of a party or interested in designation may be changed at any time in the same manner as originally made. the proceeding. (4) Before taking a deposition, reasonable notice must be (c) Service of Notice.—Except as otherwise provided, given in writing by the party or the attorney of that party notices of the Board shall be served on its designated agent at the proposing to take a deposition to the opposing party or the attor- office or usual place of residence in the District of Columbia of ney of record of that party,whoever is nearest. The notice shall that agent. A notice of action of the Board shall be served state the name of the witness and the time and place of taking the immediately on the agent or in another manner provided by law. deposition. If that carrier does not have a designated agent,service may be (5) The testimony of a person deposed under this sub- made by posting the notice in the office of the Board. section shall be taken under oath. The person taking the deposi- (d) Special Rule for Rail Carriers.—In a proceeding in- tion shall prepare,or cause to be prepared,a transcript of the volving the lawfulness of classifications, rates,or practices of a testimony taken. The transcript shall be subscribed by the rail carrier that has not designated an agent under this section, deponent. service of notice of the Board on an attorney in fact for the carrier constitutes service of notice on the carrier. (6) The testimony of a witness who is in a foreign country may be taken by deposition before an officer or person Sec. 724. Service of process in court proceedings designated by the Board or agreed on by the parties by written stipulation filed with the Board. A deposition shall be filed with (a) Designation of Agent.—A carrier providing transportation the Board promptly. subject to the jurisdiction of the Board under subtitle IV shall (e) Witness Fees.—Each witness summoned before the designate an agent in the District of Columbia on whom service of Board or whose deposition is taken under this section and the process in an action before a district court may be made. Except individual taking the deposition are entitled to the same fees and as otherwise provided, process in an action before a district court mileage paid for those services in the courts of the United States. shall be served on the designated agent of that carrier at the office or usual place of residence in the District of Columbia of that Sec. 722. Board action agent. If the carrier does not have a designated agent,service may be made by posting the notice in the office of the Board. a Effective Date of Actions.—Unless otherwise provided in ( ) (b) Changing Designation.—A designation under this section subtitle IV,the Board may determine,within a reasonable time, may be changed at any time in the same manner as originally when its actions, other than an action ordering the payment of made. money,take effect. (b) Terminating and Changing Actions.—An action of the Sec. 725. Administrative support Board remains in effect under its own terms or until superseded. The Board may change,suspen I,or set aside any such action on The Secretary of Transportation shall provide administrative support for the Board. 69 ICC Termination Act of 1995 Public Law 104-88 Sec. 726. Railroad-Shipper Transportation A member may serve after the expiration of his term until his Advisory Council successor has taken office. Vacancies on the Council shall be filled in the same manner in which the original appointments were (a) Establishment;Membership.—There is established the made. No member of the Council shall be eligible to serve in Railroad-Shipper Transportation Advisory Council(in this section excess of two consecutive terms. referred to as the"Council")to be composed of 19 members,of (c) Election and Duties of Officers.—The Council Chairman which 15 members shall be appointed by the Chairman of the and vice Chairman and other appropriate officers of the Council Board,after recommendation from rail carriers and shippers, shall be elected by and from the voting members of the Council. within 60 days after the date of enactment of the ICC Termination The Council Chairman shall serve as the Council's executive Act of 1995. The members of the Council shall be appointed as officer and shall direct the administration of the Council,assign follows: officer and committee duties,and shall be responsible for issuing (1) The members of the Council shall be appointed from and communicating the reports,policy positions and statements among citizens of the United States who are not regular full-time of the Council. In the event that the Council Chairman is unable to employees of the United States and shall be selected for appoint- serve,the Vice Chairman shall act as Council Chairman. ment so as to provide as nearly as practicable a broad represen- (d) Expenses.— tation of the various segments of the railroad and rail shipper industries. (1) The members of the Council shall receive no compen- sation for their services as such,but upon request by the Council (2) Nine of the members shall be appointed from senior Chairman,based on a showing of significant economic burden, executive officers of organizations engaged in the railroad and rail the Secretary of Transportation or the Chairman of the Board,to shipping industries,which 9 members shall be the voting mem- the extent provided in advance in appropriation Acts,may provide bers of the Council. Council action and council positions shall be reasonable and necessary travel expenses for such individual determined by a majority vote of the members present. A major- Council members from Department or Board funding sources in ity of such voting members shall constitute a quorum. Of such order to foster balanced representation on the Council. 9 voting members— (A) at least 4 shall be representative of small (2) Upon request by the Council Chairman,the Secretary or Chairman of the Board,to the extent provided in advance in shippers(as determined by the Chairman);and appropriations Acts,may pay the reasonable and necessary (B) at least 4 shall be representative of Class II or III expenses incurred by the Council in connection with the coordina- railroads. tion of Council activities,announcement and reporting of meet- (3) The remaining 6 members of the Council shall serve ings,and preparation of such Council documents as are required in a nonvoting advisory capacity only,but shall be entitled to par- or permitted by this section. ticipate in Council deliberations.of the remaining members— (3) The Council may solicit and use private funding for its (A) 3 shall be representative of Class I railroads;and activities,subject to this subsection. (B) 3 shall be representative of large shipper organi- (4) Prior to making any Federal funding requests,the zations (as determined by the Chairman). Council Chairman shall undertake best efforts to fund such (4) The Secretary of Transportation and the members of activities privately unless the Council chairman determines that such private funding would create a conflict of interest,or the the Board shall serve as ex officio, nonvoting members of the appearance thereof,or is otherwise impractical. The Council Council. The Council shall not be subject to the Federal Advisory Chairman shall not request funding from any Federal agency Committee Act. A list of the members appointed to the Council without providing written justification as to why private funding shall be forwarded to the Chairmen and ranking members of the would create any such conflict or appearance,or is otherwise Committee on Commerce, Science,and Transportation of the impractical. Senate and the Committee on Transportation and Infrastructure of the House of Representatives. (5) To enable the Council to carry out its functions— (5) Each ex officio member of the Council may designate (A) the Council Chairman may request directly from an alternate,who shall serve as a member of the Council when- any Federal agency such personnel,information,services,or ever the ex officio member is unable to attend a meeting of the facilities,on a compensated or uncompensated basis,as the Council. Any such designated alternate shall be selected from Council Chairman determines necessary to carry out the func- individuals who exercise significant decision-making authority in tions of the Council; the Federal agency involved. (B) each Federal agency may,in its discretion,fur- (b) Term of Office.—The members of the Council shall be nish the Council with such information,services,and facilities as appointed for a term of office of 3 years,except that of the the Council Chairman may request to the extent permitted by law members first appointed— and within the limits of available funds;and (1) 5 members shall be appointed for terms of 1 year; (C) each Federal agency may,in its discretion,detail and to temporary duty with the Council,such personnel as the Council (2) 5 members shall be appointed for terms of 2 years, Chairman may request for carrying out the functions of the as designated by the Chairman at the time of appointment. Any Council,each such detail to be without loss of seniority,pay,or member appointed to fill a vacancy occurring before the expira- other employee status. tion of the term for which the member's predecessor was (e) Meetings.—The Council shall meet at least semi-annually appointed shall be ap,)ointed only f( r the remainder of such term. and shall hold other cleetings at th call of the Council Chairman. 70 SURFACE TRANSPORTATION BOARD Sec. 204 — Saving Provisions Appropriate Federal facilities,where available, may be used for /*202/ Sec. 202. REORGANIZATION. such meetings. Whenever the Council,or a committee of the The Chairman of the Surface Transportation Board(in Council,considers matters that affect the jurisdictional interests of this Act referred to as the "Board')may allocate or reallo- Federal agencies that are not represented on the Council,the tate an}function of the Board,consistent with this title and Council Chairman may invite the heads of such agencies,or their subchapter I of chapter 7, as amended by section 201 of this designees,to participate in the deliberations of the Council. title, among the members or employees of the Board, and may (f) Functions and Duties;Annual Report.— establish, consolidate, alter, or discontinue in the Board any (1) The Council shall advise the Secretary,the Chairman, organizational entities that were entities of the Interstate the Committee on Commerce, Science,and Transportation of the Commerce Commission, as the Chairman considers Senate,and the Committee on Transportation and Infrastructure necessary or appropriate. of the House of Representatives with respect to rail transportation * Sec. 203. TRANSFER OFASSETSAND policy issues it considers significant,with particular attention to 203 1 issues of importance to small shippers and small railroads, PERSONNEL. including car supply, rates,competition, and effective procedures (a) To Board—Except as otherwise provided in this Act for addressing legitimate shipper and other claims. and the amendments made by this Act, those personnel,prop- (2) To the extent the Council addresses specific grain car erty, and records employed, used, held, available, or to be issues, it shall coordinate such activities with the National Grain made available in connection with a function transferred to Car Council. The Secretary and Chairman shall cooperate with the Board by this Act shall be transferred to the Board for use the Council to provide research,technical and other reasonable in connection with the junctions transferred, and unexpended support in developing any reports and policy statements required balances of appropriations, allocations, and other funds of or authorized by this subsection. the Interstate Commerce Commission shall also be trans- (3) The Council shall endeavor to develop within the ferred to the Board. Such unexpended balances, allocations, private sector mechanisms to prevent,or identify and effectively and other funds, together with any unobligated balances from address,obstacles to the most effective and efficient transpor- user fees collected by the Commission during fiscal year tation system practicable. 1996, may be used to pay for the close down of the Commis- sion and severance costs for Commission personnel, regard- (4) The Council shall prepare an annual report concerning less of whether those costs are incurred at the Commission or its activities and the results of Council efforts to resolve industry at the Board issues, and propose whatever regulatory or legislative relief it (b) To Secretan'.—Except as otherwise provided in this considers appropriate. The Council shall include in the annual report such recommendations as it considers appropriate with Act and the amendments made by this Act, chose personnel, properrl, and records employed, used, held, available, or to respect to the performance of the Secretary and Chairman under be made available in connection with a function transferred this chapter,and with respect to the operation and effectiveness to the Secretary bi this Act shatl be transferred to the Seere- of meetings and industry developments relating to the Council's tary for use in connection with the functions transferred. efforts,and such other information as it considers appropriate. Such annual reports shall be reviewed by the Secretary and (c) Separated Employees.—Notwithstanding all other Chairman,and shall include the Secretary's and Chairman's laws and regulations, the Department of Transportation shall views or comments relating to— place all Interstate Commerce Commission employees sepa- (A) the accuracy of information therein; rated from the Commission as a result of this Act on the DOT reemployment priority list(competitive service)or the priority (B) Council efforts and reasonableness of Council employment list(excepted service). positions and actions;and (C) any other aspects of the Council's work as they /*2041 Sec. 204. SAVING PROVISIONS. may consider appropriate. The Council may prepare other (a) Legal Documents.—All orders, determinations, rules, reports or develop policy statements as the Council considers regulations,permits,grants, loans, contracts, agreements, appropriate. An annual report shall be submitted for each fiscal certificates, licenses. and privileges— year and shall be submitted to the Secretary and Chairman within (1) that have been issued, made,granted, or allowed 90 days after the end of the fiscal year. Other such reports and to become effective by the Interstate Commerce Commission, statements may be submitted as the Council considers ffi Commis- appropriate. any ocer or emplovee of the Interstate Commerce Commis- sion. or any other Government official, or by a court of com- petent jurisdiction. in the performance of any junction that is Sec. 727. Definitions transferred by this.act or the amendments made by this Act; All terms used in this chapter that are defined in subtitle IV and shall have the meaning given those terms in that subtitle. (2) that are in effect on the effective date of such (b) Table of Chapters Amendment.—The table of transfer(or become effective after such date pursuant to their chapters of subtitle I of title 49, United States Code, is terms as in effect on such effective date), shall continue in amended by adding at the end the following new item. effect according to their terms until modified, terminated, 7. SURFACE TRANSPORTATION BOARD........... 701, superseded, set aside, or revoked in accordance with law by the Board, any other authorized official, a court of competent jurisdiction, or operation of law. The.'toard shall promptly 71 ICC Termination Act of 1995 Public Law 104-88 rescind all regulations established by the Interstate Com- transferred to the Secretary under this Act)substituted for the merce Commission that are based on provisions of law Commission. repealed and not substantively reenacted by this Act. (3) If the court in a suit described in paragraph(1) (b) Proceedings.— remands a case to the Board or the Secretary,subsequent (1) The provisions of this Act shall not affect any pro- proceedings related to such case shall proceed in accordance ceedings or any application for any license pending before with applicable law and regulations as in effect at the time of the interstate Commerce Commission at the time this Act such subsequent proceedings. takes effect, insofar as those functions are retained and trans- (d) Continuance of Actions Against Officers.—No suit, ferred by this Act;but such proceedings and applications, to action, or other proceeding commenced by or against any the extent that they relate to functions so transferred,shall be officer in his official capacity as an officer of the Interstate continued, orders shall be issued in such proceedings, Commerce Commission shall abate by reason of the appeals shall be taken therefrom,and payments shall be enactment of this Act. No cause of action by or against the made pursuant to such orders,as if this Act had not been interstate Commerce Commission, or by or against any enacted;and orders issued in any such proceedings shall officer thereof in his official capacity,shall abate by reason continue in effect until modified, terminated,superseded, or of enactment of this Act. revoked by a duly authorized official, by a court of competent (e) Exercise of Authorities.—Except as otherwise pro- jurisdiction, or by operation of law. Nothing in this sub- vided by law, an officer or employee of the Board may,for section shall be deemed to prohibit the discontinuance or purposes of performing a function transferred by this Act or modification of any such proceeding under the same terms the amendments made by this Act,exercise all authorities and conditions and to the same extent that such proceeding under any other provision of lax•that were available with could have been discontinued or modified if this Act had not respect to the performance of that function to the official been enacted. responsible for the performance of the function immediately (2) The Board and the Secretary are authorized to before the effective date of the transfer of the function under provide for the orderly transfer of pending proceedings from this Act or the amendments made by this Act. the Interstate Commerce Commission. (3) (A) Except as provided in subparagraphs(B)and 1*2051 Sec. 205. REFERENCES. (C), in the case of a proceeding under a provision of law Any reference to the Interstate Commerce Commission in repeal,and not reenacted,by this Act such proceeding shall any other Federal law.Executive order,rule,regulation, or be terminated delegation of authority, or any document of or pertaining to (B) Any proceeding involving a pipeline carrier the Interstate Commerce Commission or an officer or under subtitle IV ojtitle 49, United States Code,shall be con- employee of the Interstate Commerce Commission, is deemed tinued to be heard by the Board under such subtitle,as in to refer to the Board.a member or employee of the Board, or effect on the day before the effective date of this section, until the Secretary,as appropriate. completion ofsuch proceeding. (C) Any proceeding involving the merger of a TITLE III —CONFORMING AMENDMENTS motor carrier property under subtitle IV of title 49, United States Code,shall continue to be heard by the Board under Subtitle A—Antendmettts to United States Code such subtitle,as in effect on the day before the effective date of this section, until completion ofsuch proceeding. 1*3011 Sec. 301. TITLES AMENDMENTS. (4) Any proceeding with respect to any tariff'rate (a) Compensation for Positions at Level 111.—Section charge,classification,rule,regulation, or service that was 5314 of title 5, United States Code,is amended by striking pending under the Intercostal Shipping Act, 1933 or the "Chairman,Interstate Commerce Commission"and inserting Shipping Act, 1916 before the Federal Maritime Commission in lieu thereof"Chairman,Surface Transportation Board." on November 1, 1995,shall continue to be heard until com- pletion or issuance of a final order thereon under all appli- (b)Compensation for Positions at Level IV.—Section cable laws in effect as of November 1, 1995. 5315 of title 5, United States Code, is amended by striking "Members. Interstate Commerce Commission"and inserting (c) Suits.— in lieu thereof".Members,Surface Transportation Board." (1) This Act shall not affect suits commenced before the date of the enactment of this Act,except as provided in f-3021 Sea 30 2. TITLE I1 AMENDMENTS. paragraphs(2)and(3). In all such suits,proceeding shall be Subchapter IV of chapter 11 of title 11, United States had,appeals taken,and judgments rendered in the same Code,is amended— manner and with the same effect as if this Act had not been enacted. (Ii by striking section 1162 and inserting in lieu (2) Any suit by or against the Interstate Commerce thereof the following: Commission begun before the effective date of this Act shall Sec. 1162. Definition be continued insofar as it involves a junction retained and transferred under this Act, with the Board(to the extent the In this subchapter. 'Board"means the"Surface Transportation suit involves functions transferred to the Board under this Board." Act)or the Secretary(to the extent the suit involves functions 72 CONFORMING AMENDMENTS Sec. 305 —Title 28 Amendments and [*305/ Sec.305. TITLE 28 AMENDMENTS. (1) by striking "Commission"each place it appears (a) Chapter 85.—Chapter 85 of title 28, United States and inserting in lieu thereof"Board". Code, is amended— [*3031 Sec. 303. TITLE 18 AMENDMENTS. (I) in the section heading to section 1336 by striking "Interstate Commerce Commission's"and inserting in lieu Title 18, United States Code, is amended— thereof"Surface Transportation Board's"; (1) in section 921(a)(27)by striking "10102"and (2) in section 1336 by striking "Interstate Commerce inserting in lieu thereof"13102";and Commission"each place it appears and inserting in lieu (2) in section 6001(1)by striking "Interstate Commerce thereof"Surface Transportation Board"; Commission"and inserting in lieu thereof"Surface Transpor- (3) in section 1337 by striking 11707"each place it tation Board." appears and inserting in lieu thereof"11706 or 14706";and (4) in the item relating to section 1336 of the table of [*3041 Sec. 304. INTERNAL REVENUE CODE sections by striking"Interstate Commerce Commission's"and OF 1986 AMENDMENTS inserting in lieu thereof"Surface Transportation Board's." (a) Section 168.—Section 168(g)(4)(B)(i)of the Internal (b)Section 1445.—Section 1445(b)ofsuch title is Revenue Code of 1986 is amended by striking "domestic rail- amended— road corporation providing transportation subject to subchapter 1 (1) by striking "common";and of chapter 105,"and inserting in lieu thereof"rail carrier sub- ject to part A of subtitle IV." (2) by striking "11707"and inserting in lieu thereof (b)Section 281.—Subparagraphs(A)and(B)of section 11706 or 14706." 281(d)(1)ofsuch Code are each amended by striking (c) Chapter 157Amendments.— "domestic railroad corporations providing transportation subject (1) 1n general—Chapter 157 ofsuch title is to subchapter I of chapter 105,"and inserting in lieu thereof amended— "rail carriers subject to part A of subtitle IV." (A) by striking "INTERSTATE COMMERCE (c) Section 354.—Section 354(c)ofsuch Code is COMMISSION"in the chapter heading and inserting in lieu amended by striking "or approved by the Interstate Commerce thereof"SURFACE TRANSPORTATION BOARD"; Commission under subchapter IV of chapter 113 of title 49." (B) by striking "Commission's"in the section (d)Section 3231.—Section 3231 ofsuch Code is heading to section 2321 and inserting in lieu thereof amended— "Board's (1) in subsection(a)by striking "Interstate Commerce (C) by striking "Interstate Commerce Commission" Commission"and inserting in lieu thereof"Surface Trans- each place it appears and inserting in lieu thereof"Surface portation Board";and Transportation Board"; (2) in subsection(g)by striking "an express carrier, (D) in section 2323 by striking "Commission"the sleeping car carrier,or rail carrier providing transportation subject second and third places it appears and inserting in lieu to subchapter I of chapter 105"and inserting in lieu thereof"a thereof"Board";and rail carrier subject to part A of subtitle IV." (E) in the item relating to section 2321 of the (e) Section 7701.—Section 7701(a)ofsuch Code is table of sections by striking "Commission's"and inserting in amended— lieu thereof"Board's." (1) in paragraph(33)(B)by striking "Federal Power (2) Table of chapters.—The item relating to Commission"and inserting in lieu thereof"Federal Energy chapter 157 in the table of chapters ofsuch title is amended Regulatory Commission"; by striking "Interstate Commerce Commission"and inserting (2) in paragraph(33)(C)(i)by striking "Interstate in lieu thereof"Surface Transportation Board." Commerce Commission"and inserting in lieu thereof"Surface (d) Chapter 158 Amendments.—Chapter 158 ofsuch Transportation Board"; title is amended— (3) in paragraph(33)(C)(ii)by striking "Interstate (1) in section 2341(3)(A)by striking "the Interstate Commerce Commission"and inserting in lieu thereof"Federal Commerce Commission"; Energy Regulatory Commission"; (2) by striking "and"at the end of section 1341(3)(C); (4) in paragraph(33)(F)by striking "common (3) by striking the period at the end of section carrier"and all that follows through "1933"and inserting in lieu thereof"a water carrier subject to jurisdiction under sub- 2341(3)(D)and inserting in lieu thereof';and"; chapter II of chapter 135 of title 49"; (4) by inserting at the end of section 2341(3)the (5) in paragraph(33)(G)by striking "railroad COF following new subparagraph: poration subject to subchapter I of chapter 105"and inserting in (E) the Board,when the order was entered by the lieu thereof"rail carrier subject to part A of subtitle IV";and Surface Transportation Board; (6) in parcgraph(33)(H)by striking "subchapter I of (5) in section 2342(3)(:1)by striking "41,or 43"and Chapter 105"and inserting in 1:,!u thereof"part A of inserting in lieu viereof"or 41 subtitle IV." 71 ICC Termination Act of 1995 Public Law 104-88 (6) by inserting "or pursuant to part B or(C)of subtitle (8) in section 5201 by redesignating paragraphs(7) IV of title 49"before the semicolon at the end of section and(8)as paragraphs(6)and(7), respectively; 2342(3)(A); (9) in section 5201(6),as so redesignated, by striking (7) in section 2342(3)(B)— "certificate of public convenience and necessity"and inserting (A) by striking clauses(i)and(iii);and in lieu thereof"certificate or registration"; (B) by redesignating clauses(ii), (iv), and(v)as (10) in section 52030 by striking "motor common clauses(i), (ii),and(iii),respectively;and carrier"each place it appears and inserting in lieu thereof "motor carrier"; (8) by striking paragraph(5)of section 2342 and inserting in lieu thereof the following: (I/) in the section heading to section 5207 by striking "Interstate Commerce Commission"and inserting in lieu (5) all rules,regulations,or final orders of the Surface thereof"Surface Transportation Board",- Transportation Board made reviewable by section 2321 of this title; (12) in sections 5208(x)and 5215(x)by striking "Commission's"and inserting in lieu thereof"Board's"; 1*3061 Sec. 306. TITLE 31 AMENDMENTS. (13) in section 5215(a)by striking "motor common Section 3726(b)of title 31, United States Code, is amended— carrier"and inserting in lieu thereof"motor carrier"; 1 in paragraph 1 b strikingon file with the Inter- (14) in chapter 52 by striking "Commission"each () p g p () y state Commerce Commission,"and inserting in lieu thereof place it appears and inserting in lieu thereof"Board";and "under title 49 or on file with"; (15) in the item relating to section 5207 of the table of (2) in paragraph(1)by striking "or"at the end; sections of chapter 52, by striking "Interstate Commerce Commission"and inserting in lieu thereof"Surface Trans- (3) by redesignating paragraph(2)as paragraph(3); portation Board". (4) by inserting after paragraph(])the following new paragraph: 1*3081 Sec. 308. TITLE 49 AMENDMENTS. (2) a lawfully quoted rate subject to the jurisdiction of the (a) Section 302.—Section 302(x)of title 49, United States Surface Transportation Board;or Code, is amended by striking "10101x"and inserting in lieu and thereof"13101". (5) in paragraph(3), as redesignated by paragraph (b) Section 333.—Section 333 of such title is amended— (4)of this section, by striking "sections 10721-10724"and (l) in subsection(c)(2)by striking "11910(a)(1)"and inserting in lieu thereof"sections 10721, 13712,and 15504." inserting in lieu thereof 11904";and (2) in subsection(e)— (*3071 Sec. 307. TITLE 39 AMENDMENTS. (A) by striking "11343(x)"and inserting in lieu Title 39, United States Code, is amended— thereof"11323(a)";and (l) in section 5005(a)(4)by striking "5201(7)"and (B) by striking "11344(b)"and inserting in lieu inserting in lieu thereof"5201(6)"; thereof"11324(b)." (2) in section 5005(6)(3)by striking "Interstate Com- (c) Chapter S.—Subchapter/of chapter 5 of such title is merce Commission"and inserting in lieu thereof"Surface amended— Transportation Board";and (I) by striking "DUTIES"the first place it appears in (3) by striking paragraph(1)of section 5201 and the subchapter heading;and inserting in lieu thereof the following: (2) in section 501(a)(I)by striking "section 10102" (1) "Board"means the Surface Transportation Board; and inserting in lieu thereof"sections 10102 and 13102". (4) in section 5201(2)by striking "a motor common (d)Section 5102.—Section 5102(7)of such title is carrier,or express carrier"and inserting in lieu thereof"or a amended— motor carrier"; (1) by striking "common": (5) in section 5201(4)— (2) by striking "motor contract carrier,";and (A) by striking "common";and (3) by striking "10102"and inserting in lieu thereof (B) by striking "permit"and inserting in lieu 13102". thereof"registration"; (e) Section 5333.—Section 5333(6)(3)ojsuch title is (6) in section 5201(5)— amended by striking "11347"and inserting in lieu thereof (A) by striking "common"each place it appears; 11326". (B) by striking 10102(14)"and inserting in lieu (fi Chapter 221.—Chapter 221 of such title is thereof 13102(12)";and amended— (C) by striking "certificate of public convenience (1) in section 22101(a)by striking "subchapter I of and necessity"and inserting in lieu thereof"registration chapter 105"and inserting in lieu thereof"part A of (7) by striking parc:,ra-)h(6)ofseciion 5201; subtitle IV"; 74 CONFORMING AMENDMENTS Sec. 315 — Equal Credit Opportunity Act (2) in section 22101(a)(1)by striking "Interstate (m)Section 60115.—Section 60115(b)(4)(A)ofsuch title Commerce Commission"and inserting in lieu thereof is amended by striking "(referred to in section 10344(f)of this "Surface Transportation Board"; title)". (3) in section 22103(b)(1)by striking "Interstate Subtitle B—Other Amendments Commerce Commission"and inserting in lieu thereof "Surface Transportation Board"; (4) in section 22/07(c)— 1*311/ Sec.311. AGRICULTURAL ADJUSTMENT ACT OF 1938 (A) by striking "Interstate Commerce Commis- AMENDMENTS. Sion"and inserting in lieu thereof"Surface Transportation Board";and Section 201 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1291)is amended— (B) by striking "Commission"the second place i1 appears and inserting in lieu thereof"Board";and (I) by striking "Interstate Commerce Commission" each place it appears and inserting in lieu thereof"Surface (5) in section 22107(d)by striking "subchapter I of Transportation Board"; chapter 105"and inserting in lieu thereof"part A of Subtitle IV". (2) by striking "Commission"each place it appears (other than a place to which paragraph(1)applies)and (g)Section 24301.—Section 24301 ofsuch title is inserting in lieu thereof"Board";and amended— (3) by striking "Commission's"in subsection(b)and (1) in subsection(c)— inserting in lieu thereof"Board's." (A) by striking "Subtitle IV"in paragraph(1) and inserting in lieu thereof"Part A of subtitle IV"; [*312/ Sec. 312. ANIMAL WELFARE ACT (B) by striking "sections 10721-10724 of this title AMENDMENT. apply"in paragraph(2)(A)and inserting in lieu thereof Section 15(a)of the Animal Welfare Act(7 U.S.C. "section 10721 of this tide applies";and 2145(a))is amended by striking "Interstate Commerce Com- (C) by striking "Interstate Commerce Commission mission"and inserting in lieu thereof"Surface Transportation under any provision of subtitle IV of this tide applicable to a Board". carrier subject to subchapter I of chapter 105"in paragraph (2)(B)and inserting in lieu thereof"Surface Transportation 1*313/ Sec.313. FEDERAL ELECTION Board under part A of subtitle IV";and CAMPAIGN ACT OF 1971 (2) in subsection(d)by striking "common carrier AMENDMENTS. subject to subchapter I of chapter 105"and inserting in lieu Section 401 of the Federal Election Campaign Act of 1971 thereof"rail carrier subject to part A of subtitle IV". is amended— (h)Section 24501.—Section 24501(h)ofsuch title is (1) by striking "Interstate Commerce Commission shall amended by striking "subchapter I of chapter 105"and each promulgate,within ninety days after the date of enactment of inserting in lieu thereof"part A of subtitle IV". this Act"and inserting in lieu thereof"Surface Transportation (i) Section 24705.—Section 14705 ofsuch title is Board shall each maintain";and amended by striking subsection(d). (2) by inserting "or Board"after "or such 6) Sections 30103 and 30166.—Sections 30103(a)and Commission" 30106(d)of such title are each amended by striking "sub- chapter II of chapter 105"each place it appears and inserting [*3141 Sec. 314. FAIR CREDIT REPORTING in lieu thereof"subchapter I of chapter 135". ACT AMENDMENT. (k) Chapter 315.—Chapter 315 of such title is Section 621(b)(4)of the Fair Credit Reporting Act amended— (15 U.S.C. 1681s(b)(4))is amended by striking "Interstate (1) in section 31501(2)by striking "10102"and Commerce Commission with respect to any common carrier inserting in lieu thereof"13102"; Subject t0 those Acts"and inserting in lieu thereof"Secretary () in section 2 3150/ 3 (A)by striking10521 a of Transportation,with respect to all carriers subject to the juris- () and inserting in lieu thereof"13501"; ( ) diction of the Surface Transportation Board". (3) in section 31502(a)(1)by striking "10521 and [*3151 Sec. 315. EQUAL CREDIT 10522"by inserting in lieu thereof 13501 and 13502":and OPPORTUNITY ACT AMENDMENT. (4) in section 31503(a)by striking "subchapter II of Section 70.1(a)(4)of the Equal Credit Opportunity Act(15 chapter 105"and inserting in lieu thereof"subchapter I of U.S.C. 1691 c(a)(4))is amended by striking "Interstate chapter 135". Commerce Commission with respect to any common carrier (1) Sections 41309 and 41502.—Sections subject to those Acts"and inserting in lieu thereof"Secretary 41309(6)(2)(.4)and 41502 ofsuch title are each amended of Transportation, with respect to all carriers subject to the by striking "common"each place it appears. jurisdiction of the Surface Transportation Board." 75 ICC Termination Act of 1995 Public Law 104-88 1*316/ Sec. 316. FAIR DEBT COLLECTION 1*321/ Sec. 321. MERCHANT MARINE ACT, PRACTICES ACT AMENDMENT. 1920,AMENDMENTS. Section 814(b)(4)of the Fair Debt Collection Practices The tlerchant,Marine Act, 1920, is amended— Act(15 U.S.C. 16921(b)(4))is amended by striking "Interstate (I) in section 8(46 U.S.C.App. 867)— Commerce Commission with respect to any common carrier subject to those Acts"and inserting in lieu thereof"Secretary (A) by striking "Interstate Commerce Commission" of Transportation,With respect to all carriers subject to the juns- both places it appears and inserting in lieu thereof"Surface diction of the Surface Transportation Board". Transportation Board";and (B) by striking "commission"and inserting in lieu [*317/ Sec. 317. NATIONAL TRAILS SYSTEM thereof-Board"; ACT AMENDMENTS. (2) in section 27A (46 U.S.C.App.883-1)by striking The National Trails System Act is amended— "common or contract"and all that follows through",Which Otherwise"and inserting in lieu thereof"carrier subject to (I) in section 8(d)— jurisdiction under subchapter II of chapter 135 of title 49,United (A) by striking "Chairman of the Interstate Com- States Code,which otherwise";and merce Commission"and inserting in lieu thereof"Chairman of (3) in section 28(46 U.S.C.App. 884)— the Surface Transportation Board";and (A) by striking "common"; (B) by striking "Commission"the second place it appears and inserting in lieu thereof"Board";and (B) by striking "Interstate Commerce Commission" (2) in section 9(b)by striking "Interstate Commerce and inserting in lieu thereof"Surface Transportation Board and Commission"and inserting in lieu thereof"Surface Trans portation Board". (C) by striking "commission"each place it appears and inserting in lieu thereof"Board". 1*318/ Sec. 318. CLAYTONACT AMENDMENTS. [*322/ Sec. 322. RAILWAY LABOR ACT AMENDMENTS. The Clayton Act is amended— Section 1 of the Railway Labor Act(45 U.S.C. 151)is (1) in section 7(15 U.S.C. 18)— amended— (A) by striking "Interstate Commerce Commission" (1) in the first paragraph by striking "express com- and inserting in lieu thereof"Surface Transportation Board"; PanY.sleeping-car company,carrier by railroad,subject to the and Interstate Commerce Act"and inserting in lieu thereof (B) by inserting ",Board,"after "vesting such "railroad subject to the jurisdiction of the Surface Transportation power in such Commission"; Board (2) in section 1I(a)(15 U.S.C. 21(a))by striking t2) in the first and fifth paragraphs by striking "Inter- "Interstate Commerce Commission where applicable to common state Commerce Commission"each place it appears and carriers subject to the Interstate Commerce Act,as amended" inserting in lieu thereof"Surface Transportation Board";and and inserting in lieu thereof"Surface Transportation Board r3) in the fifth paragraph by striking "Commission" where applicable to common carriers subject to jurisdiction under the second and fourth places it appears and inserting in lieu subtitle IV of title 49,United States Code";and thereof"Board". (3) in section 16(15 U.S.C. 22)by striking "in equity for injunctive relief'and all that follows through "Interstate [*3231 Sec. 323. RAILROAD RETIREMENT Commerce Commission"and inserting in lieu thereof"for ACT OF 1974 AMENDMENTS. injunctive relief against any common carrier subject to the juris- diction of the Surface Transportation Board under subtitle IV of Secrion 1 of the Railroad Retirement Act of 1974 title 49,United States Code". (45 C S.C. 23 1)is amended— t 1) by striking subsection(a)(1)(1)and inserting in [*3191 Sec. 319. INSPECTOR GENERAL ACT lieu thereof the following: OF 1978 AMENDMENT. (i) any carrier by railroad subject to the juris- Section 8G(a)(2)of the Inspector General Act of 1978 diction of the Surface Transportation Board under part A of sub- (5 U.S.C.App.)is amended by striking "the Interstate title IV of title 49,United States Code; Commerce Commission". (3) in subsection(a)(2)(ii)by striking "Interstate Com- merce Commission is hereby authorized and directed upon [*320/ Sec. 320. ENERGY POLICYACT OF request of the Board"and inserting in lieu thereof"Surface 1992 AMENDMENTS. Transportation Board is hereby authorized and directed upon Subsections(a)and(d)of section 1340 of the Energy request of the Railroad Retirement Board";and Policy Act of 1992(42 U.S.C. 13369(a)and(d))are each (3) in subsection(o)by inserting "the Surface amended by striking "Interstate Commerce Commission"and Transportation Board,"after "the Interstate Commerce inserting in lieu thereof"Surface Transportation Eoard". Commission,". 76 CONFORMING AMENDMENTS Sec. 327 — Regional Rail Reorganization Act of 1973 [*3241 Sec. 324. RAILROAD EMPLOYMENT 1*3271 Sec. 327. REGIONAL RAIL INSURANCE ACT AMENDMENTS. REORGANIZATION ACT OF 1973 The Railroad Unemployment Insurance Act is amended— AMENDMENTS. (1) in section /(a)(45 U-SC. 351(a))by striking The Regional Rail Reorganization Act of 1973 is "Interstate Commerce Commission is hereby authorized and amended— directed upon request of the Board"and inserting in lieu (I) in section 102(15)(45 U.S.C. 702(15))by striking thereof"Surface Transportation Board is hereby authorized and "common carrier by railroad as defined in section 1(3)of part I directed upon request of the Railroad Retirement Board"; of the Interstate Commerce Act(49 U.S.C. 1(3))"and inserting (2) by striking paragraph(b)ofsuch section 1 and in lieu thereof"rail carrier subject to part A of subtitle IV of title inserting in lieu thereof the following: 49,United States Code"; (b) The term"carrier"means a railroad subject to the juris- (2) in section 301(b)(45 U.S.C. 741(b))by striking diction of the Surface Transportation Board under part A of "common carrier by railroad under section 1(3)of the Interstate subtitle IV of title 49,United States Code. Commerce Act(49 U.S.C. 1(3))"and inserting in lieu thereof "rail carrier subject to part A of subtitle IV of title 49,United and States Code"' (3) by striking "Interstate Commerce Commission, (3) in section 304(45 U.S.C. 744)— adjusted,as determined by the Board"in section 2(h)(3)(45 U.S.C. 352(h)(3))and inserting in lieu thereof"Surface Trans- portation this Act"Board,adjusted,as determined by the Railroad subsection(a)(2)(B)and inserting in lieu thereof Retirement Board". "10362(b)(6)of title 49,United States Code"; (B) by striking "Interstate Commerce Act"and [*3251 Sec. 325. EMERGENCY RAIL inserting in lieu thereof"part A of subtitle IV of title 49,United SERVICES ACT OF 1970 States Code"; AMENDMENTS. (C) in subsection(d)(3)— The Emergency Rail Services Act of 1970 is amended— (i) by striking "this title"and all that follows (I) in section 2(45 U.S.C. 661)— through "(A)shall take"and inserting in lieu thereof"this (A) by striking paragraph(2)and inserting in lieu title,the Commission shall take";and thereof the following: (ii) by striking "this subsection;and"and all (2) "Board"means the Surface Transportation Board. that follows through "205(4)(6)of this Act"and inserting in lieu thereof"this subsection"; and (D) in subsection(e)(4)— (B) in paragraph(3)by striking "common carrier (i) by striking "and under regulations issued by railroad subject to part I of the Interstate Commerce Act(49 by the office pursuant to section 205(d)(5)of this Act"in sub- U.S.C. 1-27)"and inserting in lieu thereof'rail carrier subject paragraph(A):and to part A of subtitle IV of title 49. United States Code (ii) bi•striking "and regulations issued by the (2) in section 3— Office pursuant to section 205(4)(5)of this Act"in subpara- (A) by striking "the provisions of section 5 of the graph(C); Interstate Commerce Act"in subsection(b)(4)and inserting in (E) in subsection(e)(5)— lieu thereof"subchapter II of chapter 113 of title 49,United States Code";and (i) b,�striking 'and under regulations issued by the office pursuant to section 205(d)(5)of this Act"in (B) by striking "Commission"each place it subparagraph(A);and appears and inserting in lieu thereof"Board";and (ii) bi•striking "and under regulations issued (3) in section 6(a)(45 U.S.C. 665(a))by striking by the office pursuant to section 205(4)(5)of this Act"in sub- "Interstate Commerce Commission"and inserting in lieu paragraph(B); thereof"Board". (F) in subsection(e)(-)(A)by striking "and under [*3261 Sec. 326. ALASKA RAILROAD regulations issued by the Office pursuant to section 205(d)(5)of TRANSFER ACT OF 1982 this Act";and AMENDMENTS. (G) in subsection(g)by striking "the Interstate Commerce Act"and inserting in lieu thereof"part A of subtitle Section 608 of the Alaska Railroad Transfer Act of 1982 IV of title 49,United States Code": (45 U.S.C. 1207)is amended— (4) in section 308(45 USC. 748)— (1) by striking "the jurisdiction of the Interstate Com- merce Commission under chapter 105"in subsection(a)(1) (A) by striking "10905(4)-(f)"in subsection(d)(1) and inserting in lieu thereof"part A";and and inserting in lieu thereof"10904";and (2) by striking "the jurisdiction of the Interstate Com- (B) by striking "10903(b)(2)"in subsection(17 merce Commission under chapter 105"in subsection(c)and and inserting in lieu thereof"10903(b)(3)":and inserting in lieu thereof"part A". 77 ICC Termination Act of 1995 Public Law 104-88 (5) by inserting after section 712 the following new 1*3311 Sec. 331. NORTHEAST RAIL SERVICE section: ACT OF 1981 AMENDMENTS. Sec.713. The Surface Transportation Board shall impose no The Northeast Rail Service Act of 1981 is amended in labor protection conditions in approving an application under section 1164(45 U.S.C. 1112)bystriking "11344 or 11345" section 10902 of title 49,United States Code,when the appli- each place it appears and inserting in lieu thereof 11324 or cation involves a Class II rail carrier which— 11325". (1) is headquartered in a State,and operates in at least one State,with a population of less than 1,000,000 persons,as /*3321 Sec. 332. CONRAIL PRIVATIZATION determined by the 1990 census;and ACT AMENDMENT. (2) has,as of January 1, 1996,been a recipient of Section 4036 of the Conrail Privatization Act(45 U.S.C. repayable Federal Railroad Administration assistance in excess of 1344)is amended by striking "(19)". $5,000,000. 1*3331 Sec. 333. MIGRANT AND SEASONAL (*3281 Sec. 328. MILWAUKEE RAILROAD AGRICULTURAL WORKER RESTRUCTURING ACT AMENDMENT. PROTECTION ACT AMENDMENTS. Section 18 of the Milwaukee Railroad Restructuring Act Section 401(b)(2)(C)of the Migrant and Seasonal Agri- (45 U.S.C. 916)is repealed. cultural Worker Protection Act(29 U.S.C. 1841(b)(2)(C))is amended by striking "part II of the Interstate Commerce Act(49 1*3291 Sec. 329. ROCK ISLAND RAILROAD U.S.C.301 et seq.),or any successor provision of"and TRANSITION AND EMPLOYEE inserting in lieu thereof"part B of". ASSISTANCE ACT AMENDMENTS. The Rock Island Railroad Transition and Employee 1*3341 Sec. 334. FEDERAL AVIATION Assistance Act is amended— ADMINISTRA TIONA UTHORIZA TION (l) in section 104(a)(45 U.S.C. 1003(a))by striking ACT OF]994. "section 11125 of title 49,United States Code,or";and Section 601(d)of the Federal Aviation Administration (2) by striking section 120(45 U.S.C. 1015). Authorization Act of 1994(Public Law 103-305)is repealed. 1*3301 Sec. 330. RAILROAD REVITALIZATION 1*3351 Sec. 335. TERMINATION OF CERTAIN AND REGULATORY REFORM ACT OF MARITIME AUTHORITY. 1976 AMENDMENTS. (a) Repeal of Intercostal Shipping Act, 1933—The Intercostal Shipping Act, /933(46 U.S.C.App. 843 et seq.)is The Railroad Revitalization and Regulatory Reform Act of repealed effective September 30, 1996. 1976 is amended— (1) in section 102(7)(45 U.S.C. 802(7))by striking (b) Repeal of Provisions of Shipping Act, 1916—The "common carrier by railroad or express,as defined in section following provisions of the Shipping Act, 1916 are repealed 1(3)of the Interstate Commerce Act(49 U.S.C. 1(3))"and effective September 30, 1996: inserting in lieu thereof"rail carrier subject to part A of subtitle (1) Section 3(46 U.S.C.App. 804). IV of title 49,United States Code"; (2) Section 14(46 U.S.C.App. 812). (2) in section 505(a)(3)(45 U.S.C. 815(a)(3))— (3) Section 15(46 U.S.C.App. 814). (A)by striking "A financially responsible person(as (4) Section 16(46 U.S.C.App. 815). defined in section 10910(a)(1)of title 49,United States Code)" (5) Section 17(46 U.S.C.App. 816). and inserting in lieu thereof-(A)A financially responsible (6) Section 18(46 U.S.C.App. 817). person";and (B)by inserting at the end the following new sub- (7) Section /9(46 U.S.C.App. 818). paragraph: (8) Section 20(46 U.S.C.App. 819). (B) For purposes of this paragraph,the term"finan- (9) Section 21 (46 U.S.C.App. 820). cially responsible person"means a person who(i)is capable of (10) Section 22(46 U.S.C.App. 821). paying the constitutional minimum value of the railroad line pro- posed to be acquired,and(ii)is able to assure that adequate (11) Section 23(46 U.S.C.App. 822). transportation will be provided over such line for a period of not (12) Section 24(46 U.S.C.App. 823). less than 3 years. Such term includes a governmental authority (13) Section 25(46 U.S.C.App. 824). but does not include a class I or class It rail carrier. (14) Section 27(46 U.S.C.App. 826). (3) in section 509(6) (45 U.S.C. 829(6))by striking (15) Section 29(46 U.S.C.App.828). paragraph(2);and (16) Section 30(46 U.S.C.App. 829). (4) in section 510(45 U.S.C. 830)by strikin,; "the (17) Section 31 (46 U.S.C.App. 830). prcvisions of section 20a of the Interstate Commerce Act(49 (18) Section 32(46 U.S.C.App. 831). U.S.C.20a), nor". 78 MISCELLANEOUS AMENDMENTS Sec. 402 — Destruction of Motor Vehicles, etc. (19) Section 33(46 U.S.C.App. 832). by rail and subject to the provisions of part I of the Interstate (20) Section 35(46 U.S.C.App.833a). Commerce Act"and inserting in lieu thereof"rail carrier sub- ject to part A of subtitle IV of title 49,United States Code". (11) Section 43(46 U.S.C. App. 841a). (22) Section 45(46 U.S.C.App. 841c). TITLE IV—MISCELLANEOUS PROVISIONS (e) Conforming Amendments.— (1) Merchant Marine Act,1936.—Section 204(a)of 1*4011 Sec. 401. CERTALN COMMERCIAL the Merchant Marine Act, 1936(46 U.S.C.App. 1114(a))is SPACE LA UNCH A CTI VITIES. amended by striking 'the Intercostal Shipping Act, 1933,". The licensing of a launch vehicle or launch site operator (2)Shipping Act of 1984—Section 5(e)of the Shipping (including any amendment,extension,or renewal of the license) Act of 1984(46 U.S.C.App. 1704(e))is amended— under chapter 701 of We 49,United States Code,shall not be (A)by striking 'This Act,the Shipping Act, 1916, considered a major Federal action for purposes of section 102(C) and the Intercostal Shipping Act, 1933,"and inserting 'This Act of the National Environmental Policy Act of 1969(42 U.S.C. and the Shipping Act,1916";and 4332(C)) if— (B)by striking "this Act,the Shipping Act, 1916,or (1) the Department of the Army has issued a permit for the Intercostal Shipping Act, 1933,"and inserting "this Act or the activity;and the Shipping Act, 1916". (2) the Army Corps of Engineers has found that the activity has no significant impact. 1*3361 Sec. 336. ARMORED CAR INDUSTRY RECIPROCITYACT OF 1993 1*4021 Sec. 402. DESTRUCTION OFMOTOR AMENDMENTS. VEHICLES OR MOTOR VEHICLE Section 5(2)of the Armored Car Industry Reciprocity Act FACILITIES; WRECKING TRAINS. of 1993(15 U.S.C. 5904)is amended— (al Destruction of Motor Vehicles or Motor Vehicle (1) by striking "subchapter II of chapter 105"and Facilities.—Section 33 of title 18, United States Code, is inserting in lieu thereof"subchapter I of chapter 135";and amended— (2) by striking "holding the appropriate certificate, (1) by inserting ­(a)"before "Whoever"the first permit,or license issued under subchapter II of chapter 109"and place it appears:and inserting in lieu thereof"is registered under chapter 139". C) by adding at the end thefollowing: 1*3371 Sec. 337. LABOR MANAGEMENT (b) Whoever is convicted of a violation of subsection(a) RELATIONS ACT, 1947 AMENDMENT. involving a motor vehicle that,at the time the violation occurred, carried high-level radioactive waste (as that term is defined in Section 302(b)(2)of the Labor Management Relations Act, section 2(12)of the Nuclear Waste Policy Act of 1982(42 U.S.C. 1947(29 U.S.C. 186(b)(2))is amended by striking the paren- 10101(12)))or spent nuclear fuel(as that term is defined in thetical phrase and inserting in lieu thereof"(as defined in section 2(23)of the Nuclear Waste Policy Act of 1982 (42 U.S.C. section 13102 of title 49,United States Code)". 10101(23))),shall be fined under this title and imprisoned for any term of years not less than 30,or for life. 1*3381 Sec. 338. INLANDS WATERWAY (hi Wrecking Trains.—Section 1992 of such title is REVENUE ACT OF 1978 AMENDMENT. amended— Section 20569(1)of the Inlands Waterway Revenue Act of (1) by inserting "(a)"before "Whoever"the first 1978(33 U.S.C. 180319(1))is amended by striking "as set place it appears. forth"and all that follows through the period at the end and (2) by inserting "(b)-before "Whoever is convicted inserting in lieu thereof"as set forth in sections 10101 and 13101 of title 49,United States Code.". (3) striking "any such crime,which"and inserting "a violation of subsection(a)that 1*3391 Sec. 339. NOISE CONTROL ACT OF (4) by inserting after the paragraph beginning 1972 AMENDMENT. "Whoever is convicted"the following: Section 18(d)ofthe Noise Control Act of 1972(42 U.S.C. "Whoever is convicted of any such violation involving a train 4917(d))is amended to read as follows: that,at the time the violation occurred,carried high-level radio- (d) For purposes of this section,the term"motor carrier"in- active waste(as that term is defined in section 2(12)of the cludes a motor carrier and motor private carrier as those terms Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(12)))or are defined in section 13102 of title 49,United States Code. spent nuclear fuel (as that term is defined in section 2(23)of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(23))),shall 1*3401 Sec. 340. FAIR LABOR STANDARDS be fined under this title and imprisoned for any term or years not ACT OF 1938 AMENDMENT. less than 30,or for life. :and Section 13(6)(2)of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(b)(2))is amended by striking "common carrer 5) by inserting "(C)"before "A judgment". 79 ICC Termination Act of 1995 Public Law 104-88 1*4031 Sec. 403. VIOLATION OF GRADE- (A) by striking 'for"each place it appears;and CROSSING LA WS AND REGULATIONS. (B) by inserting 'for"after "million"each place it (a) Federal Regulations.—Section 31310 of title 49, appears;and United States Code, is amended by adding at the end thereof (5) by inserting closing quotation marks and a period the following.• after the period at the end of section 337(c)(1)(B)(109 Stat. (h) Grade-Crossing Violations.— 603). (1) Sanctions.—The Secretary shall issue regulations (b) Title 23.—Section 149(b)of title 23, United States establishing sanctions and penalties relating to violations,by Code, is amended— persons operating commercial motor vehicles,of laws and regu- (1) by inserting "or"after the semicolon at the end of lations pertaining to railroad-highway grade crossings. paragraph(3);and (2) Minimum requirements.—The regulations issued (2) by striking ';or"at the end of paragraph(4)and under paragraph(1)shall,at a minimum,require that— inserting a period. (A) the penalty for a single violation is not less than a (c) ISTEA.—Section 1069(y)of the International Surface 60-day disqualification of the driver's commercial driver's Transportation Efficiency Act of 1991 (105 Stat.2010)is license;and amended by striking the period at the end of the first (B) any employer that knowingly allows,permits, sentence. authorizes,or requires an employee to operate a commercial motor vehicle in violation of such a law or regulation shall be 1*4061 Sec. 406. FIBER DRUM PACKAGING. subject to a civil penalty of not more than$10,000. (a) In General.—In the administration of chapter 51 of (b) Deadline.—The initial regulations required under title 49, United States Code,the Secretary of Transportation section 31310(h)of title 49, United Slates Code,shall be shall issue a final rule within 60 days after the date of the issued not later than I year after the date of the enactment of enactment of this Act authorizing the continued use of fiber this Act. drum packaging with a removable head for the transportation (c) State Regulations.—Section 3131](a)of title 49, of liquid hazardous materials with respect to those liquid United States Code, is amended by adding at the end thereof hazardous materials transported by such drums pursuant to thefollowing: regulations in effect on September 30, 1991, if (18) The State shall adopt and enforce regulations pre- (1) the packaging is in compliance with regulations scribed by the Secretary under section 31310(h)of this title. of the Secretary under the Hazardous.Materials Transporta- tion Act as in effect on September 30, 1991;and 1*4041 Sec. 404. MISCELLANEOUS TITLE 23 (2) the packaging will not be used for the transpor- AMENDMENTS. tation of hazardous materials that include materials which are poisonous by inhalation or materials in Packing Groups I Section 127 of title 23, United States Code, is amended by and II. adding at the end the following: (b) Expiration.—The regulation referred to in subsection (g) Operation of Certain Specialized Hauling Vehicles on (a)shall expire on the later of September 30, 199-. or the Certain Pennsylvania Highways.—If the segment of United date on which f ands are authorized to be appropriated to States Route 220 between Bedford and Bald Eagle,Pennsylvania, carry out chapter 51 of title 49, United States Code(relating is designated as part of the Interstate System,the single axle to transportation of hazardous materials),for fiscal years weight,tandem axle weight,gross vehicle weight,and bridge beginning after September 30, 1997. formula limits set forth in subsection(a)shall not apply to that segment with respect to the operation of any vehicle which could (c) Study.— have legally operated on that segment before the date of the (1) Its general.—li'ithin 90 days after the date of the enactment of this subsection. enactment of this Act,the Secretary shall contract with the National Academy of Sciences to conduct a stuch- 1*4051 Sec. 405. TECHNICAL AMENDMENTS. (A) to determine whether the requirements of (a) NHS Designation Act.—Effective November 28, section 5103(6)of title 49. United States Code(relating to 1995, the National Highway System Designation Act of 1995 regulations for safe transportation),as they pertain to fiber (Public Law 104-59)is amended— drum packaging with a removable!head can be met for the (1) in section 312(b)(109 Stat. 584)by striking "of transportation of liquid hazardous materials(with respect to such title"and inserting in lieu thereof"of title 23,United those liquid ha_ardous materials transported by such drums States Code pursuant to regulations in effect on September 30. 1991)with standards(including fiber drum industry standards set forth (2) in section 319(b)(3)(109 Stat. 589)by striking "at in a June 8, 1992, exemption application submitted to the the end"and inserting in lieu thereof"after paragraph(3)"; Department of Transportation), other than the performance- (3) in section 332(a)(1)(C)(iii)(109 Stat. 596)by oriented packaging standards adopted under docket number inserting closing quotation marks after "Mexico IIM-181 contained in part 178 of title 49, Code of Federal (4) in section 336(1)(109 Stat. 602)— Regulations;and I 80 MISCELLANEOUS AMENDMENTS Sec. 406 — Federal Highway Administration (B) to determine whether a packaging standard (3) the impact of tariff filing on carrier pricing; (including such fiber drum industry standards), other than (4) the problems of parallel pricing and its impact on such performance-oriented packaging standards, will provide competition in the domestic trades; an equal or greater level of safetyfor the transportation of liquid hazardous materials than would be provided ifsuch (S) the impact on domestic cargo pricing offoreign performance-oriented packaging standards were in effect. cargo services; (1) Completion.—The study shall be completed (6) whether additional protections are needed to pro- before March 1, 1997 and shall be transmitted to the Com- tect shippers from the abuse of market power;and minee on Commerce, Science,and Transportation of the (7) the extent to which statutory or regulatory Senate and the Transportation and Infrastructure Committee changes should be made to further the transportation policy of the House of Representatives. of section 13101 of title 49, United States Code. (d)Secretarial Action.—By September 30, 1997,the Secretary shall issue final regulations to determine what stan- (-4081 Sec-408. FEDERAL HIGHWAY dards should apply to fiber drum packaging with a removable ADMINISTRATION RULEMAKING. head for transportation of liquid hazardous materials(with (a)Advance Notice.—The Federal Highway Administra- respect to those liquid hazardous materials transported by tion shall issue an advance notice of proposed rulemaking such drums pursuant to regulations in effect on September dealing with a variety offatigue-related issues pertaining to 30, 1991)after September 30, 1997. In issuing such regula- commercial motor vehicle motor vehicle safety(including tions, the Secretary shall give full and substantial considera- 8 hours of continuous sleep after 10 hours of driving, loading tion to the results of the study conducted in subsection(c). and unloading operations,automated and tamper-proof recording devices,rest and recovery cycles,fatigue and stress 1*4071 Sec. 407. NONCONTIGUOUS in longer combination vehicles,fitness for duty, and other DOMESTIC TRADE STUDY. appropriate regulatory and enforcement countermeasures for Within 6 months after the effective date of this Act, the reducing fatigue-related incidents and increasing driver Secretary of Transportation shall transmit to the Committee alertness)not later than March 1, 1996 on Commerce,Science, and Transportation of the Senate and (b) Rulemaking.—The Federal Highway Administration the Committee on Transportation and Infrastructure of the shall issue a notice of proposed rulemaking dealing with such House of Representatives a study that analyzes each of the issues within I year after issuance of the advance notice noncontiguous domestic trades, including analyzing— under subsection(a)is published and shall issue a final rule (1) carrier competition in both regulated and unregu- dealing with those issues within 1 years after the last day of lated portions of those trades; such 1-year period. (2) rate structures in those trades; Speaker of the House of Representatives. Vice President of the United States and President of the Senate 81 DISPOSITION OF INTERSTATE COMMERCE ACT PROVISIONS WITHIN TITLE 49 OF THE UNITED STATES CODE Prior soct'bn Pod A(Rain Pad B(MAW.Malar) Part C(Pipol(no) Sua�ci 10101 .......................................... ..................................................... 13101 .......................................... 15101 .......................................... National Transp.Policy. 101018 ........................................ 101101 ........................................ ..................................................... ..................................................... Rail Transp. Policy. 10102 .......................................... 10102 .......................................... 13102 .......................................... 15102 ......................................... Definitions. 10103 .......................................... 10501(b) ..................................... 13103 .......................................... 15103 .......................................... Remedies. 10301 .......................................... 701 .............................................. 701 .............................................. 701 .............................................. Orta nlzation.--•Goner al. New .............................................. 702 .............................................. 102 .............................................. 102 .............................................. lransla of functions. New.............................................. 703 .............................................. 703 .............................................. 703 .............................................. Independence of Board. 10302 ....._................................... ..................................................... ..................................................... ..................................................... Ort.-01 ri s ions. 10303 .......................................... ..................................................... ..................................................... ..................................................... Ort—Secretary. 10304 .......................................... ..................................................... ..................................................... ..................................................... Ort.—Delegaee Boards Auth 10305 .......................................... ..................................................... ..................................................... ..................................................... Ort.— onduc o of ocee . 10306 .......................................... ..................................................... ...........................I......................... ..................................................... Orf.—Conduct of sessions. 10307 .............................................I....I.. ..................................................... Ori.—()f(ice and sessions. .......................................... ..................................................... 10308 .......................................... 703(e) .......................................... 703(e) .......................................... 703(e).......................................... Oft.--Admission to Practice. 10309 .......................................... ..................................................... .................................................... ..................................................... Ort.—Cont.Access to recof s. 10310 706 .............................................. 706(8) ......................................... 106(1) ......................................... 0rt.—Repodint of at anion. 10311 .......................................... 701 ............................................. 701 .............................................. 701 ........................I.................... Ort.---Annual Report. 705 .............................................. 705 .............................................. 705 .............................................. 3-yr.Authvitation of appropriations. 10321 .......................................... 721 .............................................. 13301 .......................................... 721 .............................................. Powers. ..................................................... ......................... Norrrail procedures, 10322 ...............................................I..... ..................................................... IDrevioush repealcd) 10323 10321 722(eHb) 722(iHb) ................................... 722(aHb)................................... Agency action. .......................................... ................................... 10325 .......................................... ..................................................... ................................................I.- ..................................................... Ipreviouo mpeale-0 10326 ............. ......................... limitations in Rail Ru ema ints. .......................................... ..................................................... ........................................ 10327 722(cHd) 722(cHd) ................................... 722(cHd) ................................... Rail Procedures. 10328 ...................................... ............................ 13302 .......................................... ...............................I..................... Int"nt ion. 10329 .... 13303 .......................................... 723 .............................................. Service of notice. ..................... 123 ...........................•.............. 10330 ..................................•....... 721 .............................................. 13304 .......................................... 111 .....-....................................... Service of process. 10341-10344 .............................. ..................................................... ..................................................... Rant Boards. Sery 10361-10364 .............................. ............•........................................ ..................................................... ..................................................... Rail Public Planning Office. 10381-10388 .............................. .................................................... .................................................... ..................................................... Rail Public Counsel. New.............................................. 725 ............................................. 725 ............................................. 725 .............................................. Admin. support for Bard. New.............................................. 126 .............................................. 716 .............................................. 726 .............................................. Definitions same is subtitle rY. 10501 ...... 10501(a).(b) .............................. ...•................................................. 15301 .......................................... Rail/Pipeline General Jurisdiction. 10502 ..................................................... ..................................................._ Express Carrier Transportation. 10503 10703 ..................................................... ._.................................................. Ra l Water Connections. .......................................... .......................................... DISPOSITION OF INTERSTATE COMMERCE ACT PROVISIONS WITHIN TITLE 49 OF THE UNITED STATES CODE—Continued Prior section Part A(Rail) Put 8(Motor,Wale() Pert C(Pipeline) Subject 10504 .......................................... 10501(c) ...................................... ..................................................... ..................................................... Exempt rail mass lransp. 10505 .......................................... 10502 .......................................... 13541 .......................................... 15302 .......................................... Exemption Aulh'y. 10521 .......................................... ..................................................... 13501 .......................................... ..................................................... Motor General Jurisdiction. 10522 .......................................... ..................................................... 13502 .......................................... ..................................................... Exempt Transp.—Alaska. 10523 ...................._.................... .................,................................... 13503 .......................................... ..................................................... Exempt Terminal Areas transp. 10514 .......................................... ..................................................... 13505 .......................................... ..................................................... Transp. furthering Primary Business. 10525 .......................................... ..................................................... 13504 .......................................... ..................................................... Transp.Entirely in 1 Stale. 10526 .......................................... ..................................................... 13506 .......................................... ..................................................... Misc.Motor Exemptions. 10527 .......................................... ..................................................... ..................................................... ..................................................... Written contracts for certain exempt agricultural movements. 10528 .......................................... ..................................................... 13507 .......................................... ..................................................... Mixed regulated & unregulated. 10529 .......................................... ..................................................... 13508 .......................................... ..................................................... Cooperative Ass'ns. 10530 .......................................... ...............................I..................... 13902(c) ...................................... ..................................................... foreign Carrier registrations. 10531 .......................................... ..................................................... ..................................................... ..................................................... Mass Transp. Exemption. 10541 .......................................... ..................................................... 13521 .......................................... ..................................................... Water General Jurisdiction. 10542 .......................................... ..................................................... ..................................................... ..................................................... Water—Exempt bulk lransp. 10543 .......................................... ..................................................... ..................................................... ..................................................... Water—Exempt incidental ions.lransp. 10544 ......................................... ...................................................I. ..................................................... ..................................................... Water—Mist. Exemptions. 10561 .......................................... ..................................................... 13531 .......................................... ..................................................... fit.forwarder—General Jurisd'n. 10701 .......................................... 10701(a). (b1 .............................. 13701(a) ..................................... 15501 .......................................... Rate Reas.Regts. 10701(f) ..................................... ..................................................... 13709 .......................................... ..................................................... undercharge settlements. 10701a ............. ......................... 10701(c), (d) ............................... ..................................................... ..................................................... Rail Rale Reas.Regts. 10702 .......................................... 10702 .......................................... ..................................................... 15502 .......................................... Carrier Auth'y to set rales. 10703 .......................................... 10703 .......................................... 13705 ..,....................................... ..................................................... Carrier Auth'y for Through Routes. 10704 .......................................... 10704 .......................................... 13701(b) ..................................... 15503 .......................................... ICC Auth'y to prescribe rales. 10705 .......................................... 10705 ...,...................................... 13701(b) ..................................... ..................................................... ICC Auth'y to set through routes. 10705a ........................................ .................................................... ..................................................... ..................................................... Joint rale surcharges. 10706 .......................................... 1076 .......................................... 13703 .......................................... ..................................................... Collective activities 11, antitrust exemption. 10707 .......................................... .................................................... ...............................I..................... ..................................................... Suspension of new rail rates. 107073 ........................................ .................................................... ..................................................... ..................................................... lone of rate flexibility. 10707a(a)(2)(B) .......... 10708 ..... ............................................ •---- ............................._............. Rail cost adjustment factor. 10708 ---- •--- •••-- ............................................ Suspension of new nonrail rates. 10709 ---- ................... --•• ............................................ Market Dominance. .......................................... 10707 .......................................... ......................... 10710 ..... ..... ............................................ .--•- ............................................ Discrim.against recyclables. 10711 ............................................ Effect of certain sections. 10712 •... -- -•--- ............................................ Inflation-based increases. 10713 10709 ---- ----- ............................................ Contract Iransp. 1021 ----' |V7O |�/O -- |BV &m.nx�n. —'----- �� \ —_ S�cix| oosanx,, 'xus 0O -- ---'---- --' _—__________ -- _____________ --' Charitable.10723 '--'— --' --------'----� -- —'------ --- /mmom�'u^�� 10724 --' —_ __ .......................................... --....... —.' ow�u/ m� w+;mnuu� 10/25 '—' ---------'-- '~- ------�—'----' --------~--' -- —_ umx' »� �mm'oommu, /mo`� 10/26 ___ __ ----------- ------����� —_ |o',,i�`�'^�x/�| 0/27 ___ ..___ _ —_ �nom|� m|o for distinct o�o,� 18728 --' —_ __ —'—'—'—'-----'— --------������� '—' |wm�v`���u|,o� N,29 .......................................... '__ ____________ _. ___________�_ __ Released rates Um6W�> -----'---- — -- _— |V, x�*umumt10731 _— ____~_________ ___ ___~_.______, _________.____ }07]2 .......................................... --' ----'-----~--' 137 13 --' food and grocery mnsp. --' Recyclable rates. 0/33 --' ---'-----'^--' '-- ---'----'----� --'----------' -- Car utilization. l03^ 10/22 —' -- m�—��� �im�` D/� __ 10735 --' ---'-------- ---'—'—'----- ' — \00 )�0 *��ohmnm�n 07�\ —' — raou� kx��mxo� ��� \�O 07^2 m7�2 '—' ^=, .,^_.^ _ � — 10/43 ' --���� Um/ ��— p*�m�/ � m�� . 0/w 10743 . 13706 ���� Vxu��/w pm �d rates. 10745 — )0/w Continuous carriage dfreight. �mm�naz clause. \0^6 .----'-------. --- ,mnksw�m� �miv�� 1874/ \V/0 _ —�� nxo,�� |�mx�� N/^8 �� �� HHG m. bmorders--exch. uuryios. )V/49 ~'--'-------- —'------...... nonmm� N/6V 10/46 Bod—�—ness :i��m opnvo� 0�) �� -- --- �m/ nv�n� -- —����� \],�h} � 0/Q ' ���� ' ' ��Un�u�m�t� -- --���� DRD (��N |070 -----'--'—'--- ----'----.------' .—~'-----' �---�------�� wo^oo^,xe ^vn/�xbi|i� |O7 \�,|o (10762(a) M-6} '~--'--- ' Shipper touting. !U�] — |07g . �uxn�m�ts �x��m�os. 10764 —'--------- --'—'------'—'— ----'— ____ 'mtnurmog,nn�s�mmh�onins. \O�5 --------'---- -------'---'----^ -----'---. __ Fri.Forwarder 0/66 ---_------- '----------'--' --'--....... 8ioin� on�cm|�Vnxpamm� D�N ____� _ 10761 .......................................... --'------------' —'--'---�---' ---���� 8a� ym�nym|ox��m� 10781-10786 ------'^-- ---�-------'—~—'— —' -------�--�������� now a mo/. note m D/\\ Vn�o�hx,�r_�om � practice !mm NRA �w --' \00\). |U98i Dmuwu� x��m/wu ____________--- 10901, 10902 -------' '---~-------'--' ------ �o|' xno »��om�/xciNiu� 10902 — N���m�ixp�nmVVimnm�»i |0�] ' 10903 DISPOSITION OF INTERSTATE COMMERCE ACT PROVISIONS WITHIN TITLE 49 OF THE UNITED STATES CODE—Continued Prior section Put A(Reil) Put B(Motor,Water) Put C(Pipeline) Subject 10904 .......................................... ..10903 ............I............................. ..................................................... .............,.................................... . Abandonment procedures. 10905 .......................................... 10904 .......................................... ..................................................... ..................................................... Financial assistance. 10906 .....................................1111. 10905 .......................................... ..................................................... ..................................................... Public use of abandoned lines. 10901 ......................................... 10906. 10501(b)(2).101020) ... ..................................................... ..................................................... Spur track exemption. 10908 .......................................... ..................................................... ..................................................... ....................... Passenger route discontinuance—interstate. 10909 .......................................... ...................... Passenger route discontinuance—intrastate. 10910 10907 .......................................... ..................................................... .....................................1....111........ Feeder line development. 10921 ......................I................... ..................................................... 13901 .......................................... ..................................................... license requirement. 10922 ..................................................... 13902 .......................................... .,................................................... Motor carrier license. 10923 .......................................... ..................................................... 10903 .....,.................................... ..................................................... Fro.Broker license.(cense. 10924 ..................................................... 13904 .......................................... ..................................................... Broker license. .......................................... 10925 ............................... 13905 ........................I................. ...................... Transfer o licenses. ..................................................... ..................................... Transfers o licenses. 10926 .......................................... ..................................................... 10921 .......................................... ........................I............................ 13906 .......................................... ..................................................... Security(Insurance)requirement. 10928 ...................................... Temporary authority. .......................................... 10929 .......................I............................. ..........,........................,.............,... Temporary water authority. .......................................... 10930 ..................................................... ............................ limitations on Itcenses. 10931 ..................................................... ....................... Intrastate licensing. 10932 ................................... Motor savings provision. 10933 .......................................... ............................I....................... ...............................,...,.....,..,...... ................,.................................... Ceasing HHG Irl. lorwarder smite. 10931 ............ 13901 .......................................... .................................................... HHG Agents. 10935 .......................................... .............................................,....... ........................... Bus route discontinuances, ..................................................... 10936 ............................................ ......................... limit on intrastate bus regulaliot. .......................................... ..................................................... ......... New .............................................. .................................................... 13908 .......................................... ..................................................... Replacement unified registration system. I l 101 11101 14101 .......................................... 15701 .......................................... Providing transp. (Common carrier oblig'n). ...................................... 11101(d) ..................................................... 13110(b) ..................................... ..................................................... Undercharge---contract vs.common disputes. 11102 ..................................................... ..................................................... Classification of earners. 11103 .......................................... 11102 .......................................... ..................................................... ..................................................... Use of terminal facilities. 11104 11103 ..................................................... ..................................................... Switch connections. I 1105 ..................................................... ..................................................... Prolective services (heat and cold). 11106 ..................................................... ..................................................... Identification of vehicles. .......................................... ..................................................... 11107 ..................................................... 14102 .......................................... ,................................................1... leased vehicles(owner•operalors. ......•••• Water—unreal. discrimination. 11 los ..................................................... ..................................................... 11109 ..................................................... 14103 .........,................................ ..................................................... lumping. 11101 11110 .......................................... ........................ HNC operations. ................................................. B radios on uses. 11121 .......................................... 11121 .......................................... ..................................................... ..................................................... Car service criteria. 11122 .......................................... I1112 .......................................... ..................................................... ..................................................... Car service compensation. 11123 .......................................... 11123 .......................................... ..................................................... ..................................................... Emergency situations. 11124 .......................................... 11123 .......................................... ..................................................... ..................................................... Rerouting. 11125 .......................................... 11123 .......................................... ..................................................... ..................................................... Directed service. 11126 .......................................... ..................................................... ..................................................... ..................................................... Distribution of coal cars. 11127 .......................................... ..................................................... ..................................................... ..................................................... HNC Frt.Forwarder services. 11128 .......................................... 11124 .......................................... ..................................................... ..................................................... War Emergencies. 11141 .......................................... 11141 .......................................... 14121 .......................................... 15721 .......................................... Reports and records. 11142 .......................................... 11142 .......................................... ..................................................... ..................................................... Uniform accounting system. 11143 .......................................... 11143 .......................................... ..................................................... ..................................................... Depreciation ccharges.c 11144 .......................................... 11144 .......................................... 14112 .......................................... 15722 .......................................... Records Inspection and retention. 11145 .......................................... 11145 .......................................... 14123 .......................................... 15723 .......................................... Reports D carriers. . v� r 11161 .......................................... .......... ..................................................... ..................................................... Railroad Accounting Principles Board (RAPE) 11162 .......................................... ..................................................... ..................................................... ..................................................... Cost accounting principles. 11163 .......................................... 11161 .......................................... ..................................................... ......................................I.............. Implementing accounting principles accounting. 11164 .......................................... 11162 .......................................... ..................................................... ..................................................... Certification of carrier's accounting. 11165 .......................................... 11163 .......................................... ..................................................... ..............................._.................... Cost info.made available. 11166 .......................................... 11164 .......................................... ..................................................... ..................................................... Cost reporting. 11167 .......................................... ..................................................... ..................................................... ..................................................... RAPE report. 11168 .......................................... ............................................... ..................................................... RAPE funding authorized. 11301 .......................................... ..................................................... ..................................................... ..................................................... Securities issuances. 11302 .......................................... ..................................................... ............................................I........ ..................................................... (previously repealed.] 11303 .......................................... 11301 .......................................... ..................................................... ..................................................... Equipment trusts. 11304 .......................................... ..................................................... 14301 .......................................... ..................................................... Security interests In motor vehicles. 11321 .......................................... ..................................................... ..................................................... ..................................................... Ownership of wale(carriers. 11312 .......................................... 11328 .......................................... ..................................................... ..................................................... Restrictions on officers& directors. 11323 .......................................... ..................................................... ..................................................... .................................................... Ownership of carriers by HHG In. forwarders. 11341 .......................................... 11311 .......................................... 14302(f). 14303() .................I.... ..................................................... Scope of authority(antitrust immunity). 11342 .......................................... 11322 .......................................... 14301 .......................................... ..................................................... Pooling. 11343 .......................................... 11323, 10902 ............................. 14303(a).(g) .............................. ..................................................... Mergers t consolidations. 11344 .......................................... 11324 .......................................... 14303(b) ..................................... ..................................................... Merger procedures—general. 11345 .......................................... 11325 .......................................... ..................................................... ..................................................... Merger procedures—rail. 11345a ........................................ ..................................................... 14303(c)—(e) ............................... ..................................................... Merger procedures—motor. 11346 .......................................... ..................................................... ..................................................... ..................................................... Expedited merger procedure. 11347 .......................................... 11326 .......................................... .................................I................... ..................................................... labor protection for mergers. 11348 .......................................... ..................................................... 14303(h) ..................................... ..................................................... Authority over noncarrier in control. 11349 .......................................... ..................................................... 14303(1) ...................................... ..................................................... Temporary auth'y for mergers. 11350 .......................................... ..................................................... ............................I........................ ..................................................... Mergers—DOT sponsorship. 11351 .......................................... 11327 .......................................... 14303(i) ...................................... ..................................................... Mergers—supplemental orders. DISPOSITION OF INTERSTATE COMMERCE ACT PROVISIONS WITHIN TITLE 49 OF THE UNITED STATES CODE—Continued Price section Part A(Rail) Part B(Moto(,wate4 Part C(Pipeline) Subject 11361-11367 .............................. ..................................................... ...................................I................. ..................................................... Financial Structure. 11501 .......................................... ..................................................... 14501 .......................................... ..................................................... Slate preemptions. 11502 .......................................... ........................I............................ ..................................................... ..................................................... Conferences&jl.hearings w slates. 11503 .......................................... 11501 .......................................... ..................................................... ..................................................... Tax discrim.—rail. 115034 ....................................... ..................................................... 14501 .......................................... ..................................................... Tax discrim—motor. 11502 .......................................... 11504 14503 .......................................... ..................................................... Withholding sl. and localincome az. ......................................... 11505 .......................................... ..................................................... ..................................................... ..................................................... Sl.actions to injoin abandonments by fait or HHG 11. forwarders. 11506 .......................................... ..................................................... 14504 .......................................... ..................................................... Single-Slate registration. 11507 .......................................... ..................................................... ..................................................... ..................................................... Prison-made property. New .............................................. .................................................... 14505 .......:............... Bus sales lax. 11701 .......................................... 11701 .......................................... 14701 .......................................... 15901 .......................................... General enforcement authority. 11702 .......................................... 11702 .......................................... 14702 .......................................... 15902 ...,...................................... ICC enforcement. 11703 11703 14703 .......................................... 15903 .......................................... Alty.Gen.enforcement. 11704 .......................................... ..................................................... ..................................................... ..................................................... Private actions to enjoin HHG Irl.forwarder cessation o service. 11705 .......................................... 11704 .......................................... 14704 .......................................... 15904 .......................................... Rights and remedies of injured persons. 11706 11705 14705 .......................................... 15905 .......................................... Statute of limitations. .......................................... .......................................... 11701 .......................................... 11706 .......................................... 14706 .......................................... 15906 .......................................... Liability of common carriers under bills of lading. 11708 .......................................... ..................................................... 14707 .......................................... ..................................................... Private enforcement of licensing. 11709 .......................................... ..................................................... ..................................................... ..................................................... Liability for securities Issuances. 11710 1170) ..................................................... ...................................................... Liability for misroulrng. .......................................... .......................................... .................................................... 14708 .......................................... ..................................................... HHG Arbitration program. 11712 ..................................................... 14109 .......................................... ..................................................... Tariff reconciliation rules(undercharges). """""""""""'•"......•"""•" 16101 General civil penalties. 11901 11901 14901 .......................................... .......................................... 11902 ...................... 14902 .......................................... .....,............................................... Penalties for rebates. 119024 ........................................ ..................................................... 14905 .......................................... ..................................................... Penalties for lumping. 11903 ..................................................... 14903 .......................................... ..................................................... Rate.discrim. and tariff violations. ••••••••••••......•.••••.............••. Additional rate and discrim, violations. 11904 ..................................................... 14904 .......................................... ..................................................... .......................................... Free Iransp. 11905 .............................................I....... ..................................................... ..................................................... ......•••• Evasion of regulation. 11906 ..................................................... 14906 .....................................,.... ...............................................,..... ........................I................ supply. 1190) .......................................... 11902 .......................................... ..................................................... ..................................................... Interference with ear su 11908 .......................................... ..................................................... ..................................................... ..................................................... HHG Frt.rorwarder abandonment of service. 11909 11903 14907 .......................................... 16102 .......................................... Record keeping and reporting violations. 11910 .......................... 11904 14908 .......................................... 16103 .......................................... Unlawful disclosure of Info. 11911 .......................................... ..................................................... ..................................................... ..................................................... Unlawful securities issuances. 11912 ..................................................... ..................................................... Merger—violations by noncarriers. 11913 11905 14909 .......................................... 16104 .......................................... Disobedience to subpoenas. 11913a ........................................ ..................................................... ..................................................... ..................................................... kcountint principles violations. 11911 .......................................... 11906 .......................................... 11910 .......................................... 16105 .......................................... General criminal penalties. 11915 .......................................... 11907 .......................................... 11911 .......................................... 16106 .......................................... Corporate liability. 11916 .......................................... ..................................................... 11913 .......................................... ..................................................... Conclusiveness of rates. 11917 .......................................... ..................................................... 11912 .......................................... ..................................................... HHG weight-bumping. Message Page 1 of 1 Shelly Badger From: Schneider, Steven P LTC (PKI) [steven.p.schneider@us.army.mil] Sent: Tuesday, December 20, 2005 5:06 PM To: Shelly Badger Subject: RE: Draft letter Signed By: steven.p.schneider@us.army.mil Shelly: Thanks for the draft. In the case that Fort Lewis purchases the Prairie Line and then is closed in the future, would the city of Fife still be interested in purchasing the Prairie Line from Fort Lewis? SDDC TEA is afraid that the US Government would be obligated to maintain the Prairie Line if Ft Lewis ever closed. Since Yelm wanted to purchase it before I was hoping that your city would be willing to purchase it from the US Government if the opportunity ever became available. Thanks, LTC Steven P. Schneider Deputy Installation Transportation Officer Directorate of Logistics Fort Lewis, Washington Phone 253-967-4617 DSN 357-4617 Cell 253-405-3931 Fax 253-967-3115 From: Shelly Badger [mailto:shellyb@ci.yelm.wa.us] Sent: Friday, December 16, 2005 1:30 PM To: Schneider, Steven P LTC (PKI) Subject: Draft letter LTC Schneider, finally I am attaching a draft letter for your review. Please let me know if it serves the purpose that you need for your work efforts. If not, please let me know how I can change it and I review that request. Once I hear back from you, I will finalize the letter and mail an original to you. I will be on vacation beginning 12- 22 and back on 1-3. Happy Holidays! Shelly Shelly Badger Yelm City Administrator shellyb(caci.yelm.wa.us P.O. Box 479 Yelm, WA 98597 360-458-8405 1/3/2006 / CF THF p�9� • Ci of Yelm Q M 105 Yelm Avenue West P.O. Box 479 YELM ASFIINGTON Yelm, Washington 98597 W (360) 458-3244 January 9, 2006 LTC Steven P. Schneider Director of Logistics Attn: IMNW-LEW-LGT, MS-18 Box 339500 Fort Lewis, WA 98433-9500 RE: Yelm-Roy Prairie Line and its connection to BNSF Prairie Line Dear LTC Schneider: This letter serves to identify the City of Yelm's goals in developing freight and potential future passenger service opportunities on the Yelm-Roy Prairie Line. By way of history, the City purchased the 4.55 mile rail line from Yelm to Roy from Burlington Northern Santa Fe in the year 2000. During the negotiations with BNSF leading up to the purchase, the City desired to acquire the entire Prairie Line from Yelm to Lakeview, however, BNSF was not interested in releasing its interest north of Roy. Should this section of the Prairie Line north of Roy become available at any time in the future, the City would consider seeking funding for its acquisition. Currently the Yelm-Roy Prairie Line is embargoed until such time as we can get a shortline operator on board to make necessary track repairs and market the line to current and future businesses for freight. The major impediment to active rail service continues to be the ability to provide timely, competitive pricing with the required switch at Roy to the BNSF line. For this reason, the City has actively pursued financing for a connection of the Yelm-Roy Prairie Line to the Tacoma Rail Line in the vicinity of Miles Sand & Gravel. To date, we have been unsuccessful in our efforts to acquire the 1.5 million dollars for this valuable connection. Once this connection is made, we feel strongly that we will be able to offer service to current and future customers on the line. However, with that said, we are still very supportive of acquiring future running rights on the BNSF Prairie Line north of Roy. This link to the mainline is vital and should be available to current and future customers to enhance economic development opportunities for the area, as well as provide a future passenger rail opportunity for the rapidly growing Thurston and Pierce Counties' areas. Please feel free to contact me at 360-458-8405 should you have any questions or would like to discuss this further. Sincerely: Shelly A. Badger Yelm City Admi - rator The City of Yelm is an Equal Opportunity Provider ------------------ - - LV QC' wl o � 6Lz -2-L-7 Page 1 of 1 Shelly Badger From: Schneider, Steven P LTC (PKI) [steven.p.schneider@us.army.mil] Sent: Tuesday, October 11, 2005 11:25 AM To: Cindy K. Wikstrom (cindy.k.wikstrom@usace.army.mil) Cc: Dennis Dean (ddean@cityoftacoma.org); Paula Henry (phenry@cityoftacoma.org); John J Miller (jjmiller@up.com); WCWILSON@up.com; Shelly Badger, Ray G. Bourne (roymayor@Ywave.com), Barbara Ivanov (ivanovb@wsdot.wa.gov), Jailyn Brown (brownj@trpc.org); Lyn McClelland (lyn.mcclelland@marad.dot.gov) Subject: POCs for Fort Lewis Prairie Line and Nisqually Line Running Rights Issue Cindy: I have included phone numbers of people that I worked with in the past on this issue. I have included their contact information and emails. I look forward to working with you on this project. Thanks, Dennis Dean, Superintendent of Tacoma Rail, 253-502-8891 Paula Henry, Assistant Superintendent of Tacoma Rail, 253-405-0767 John Miller, Manager Short Line Development, Union Pacific Railroad 402-544-4522 Warren Wilson, Head Planning Department, Union Pacific Railroad 402-544-4791 Shelly A. Badger, City Administrator, City of Yelm 360-458-8405 Ray G. Bourne, Mayor of Roy, 253-843-1113 Barbara Ivanov, Director, Freight Strategy and Policy Office, Washington Department of Transportation 360-705- 7931 Jailyn Brow, Associate Planner, Thurston Regional Planning Council, 360-786-5480 Lyn McClelland, Northwest States Representative, Maritime Administration, 206-220-7717 LTC Steven P. Schneider Deputy Installation Transportation Officer Directorate of Logistics Fort Lewis, Washington Phone 253-967-4617 DSN 357-4617 Cell 253-405-3931 Fax 253-967-3115 10/27/2005 Pagel of 2 Shelly Badger From: Schneider, Steven P LTC (PKI) [steven.p.schneider@us.army.mil] Sent: Thursday, September 29, 2005 5:31 PM To: Dean, Dennis, Schneider, Steven P LTC (PKI); ddean@cityoftacoma.org; phenry@cityoftacoma.org, Shelly Badger Subject: RE: Roy Connection Letter Dennis: Thanks for your reply. Issues between BNSF and the army will not be resolved quickly and I understand your concern about them. I am presently working with the simulation center to see if a model will substantiate the need for the North Fort rail project. If the model substantiates the need for the additional rail yard then I will proceed. I may want to ask you or Paula on some processing questions such as how many rail cars carrying military cargo can be down loaded at the Port of Tacoma in a 24 hour period. I will know more questions as I go along. Thanks for your help. LTC Steven P. Schneider Deputy Installation Transportation Officer Directorate of Logistics Fort Lewis, Washington Phone 253-967-4617 DSN 357-4617 Cell 253-405-3931 Fax 253-967-3115 From: Dean, Dennis [mailto:ddean@ci.tacoma.wa.us] Sent: Thursday, September 29, 2005 2:24 PM To: Schneider, Steven P LTC (PKI); ddean@cityoftacoma.org; phenry@cityoftacoma.org; shellyb@ci.yelm.wa.us Subject: RE: Roy Connection Letter LTC Schneider, After pondering your query regarding the project of a Roy connection and the running rights letters I have decided to answer in the following way: Tacoma Rail is supportive of the Roy connection. Tacoma Rail was and is willing to grant running rights to the US Government, Army, subject to the approval of our Board and Council on the TRMW. Having said that I also need to say that an official letter will not be forthcoming. My current understanding is the BNSF is not supportive of the connection and not having Tacoma Rail serving Roy directly. As I understand their early support was based on exchanges between BNSF and TR such that BNSF could run trains South to Chehalis on the TRMW in emergent conditions. Tacoma Rail is still supportive of that as well. BNSF would not agree to allow TR to run North on the Prarie Line in the event of an emergency. I am ok with that even though I would like to achieve that emergency ability for our customers. Finally, I am not able to resolve issues between the BNSF and ARMY. Once resolved I believe the connection will move back to the front burner. Unfortunately, the funding will already be long gone. I am not about doom and gloom but there is no money available. If Tacoma Rail was to provide service via the Mountain Division on the East side of Fort Lewis and the ARMY was to build out a new loading facility then storage and running rights would be part of that decision. If you have any questions please contact me at 253-502-8891 Dennis H. Dean From: Schneider, Steven P LTC (PKI) [mailto:steven.p.schneider@us.army.mil] Sent: Monday, September 26, 2005 11:46 AM To: Dennis Dean (ddean@cityoftacoma.org); Paula Henry (phenry@cityoftacoma.org); Shelly A. Badger (shellyb@ci.yelm.wa.us) Cc: Schneider, Steven P LTC (PKI) 10/27/200 Page 2 of 2 k � Subject: Roy Connection Letter Dennis and Shelly: I am sending a copy of the letter that I received last winter after a very hostile meeting with three of the members at the bottom of the attached letter. With the possibility of the failure of the Washington gas tax it may be harder to get funding for the Roy connection. Do you think that there is a way to see if BNSF will make this connection in peace time instead of waiting until a war time situation. The paragraph 2 and its sub paragraphs listed their offer of connecting at Roy. Would this connection work for both of you? I have rejected paragraphs 1 and 3 and 4. 1 am still waiting for your running rights letters and will meet with the Corps of Engineers in the next week and your letters would be handy. I would like to know what you think of this offer? I did not act on this letter last winter because it came shortly after our hostile private meeting last January. The verbal conversation that went with this was to drop the North Fort Rail Project which I could not do. I hope to hear from you. Thanks, LTC Steven P. Schneider Deputy Installation Transportation Officer Directorate of Logistics Fort Lewis, Washington Phone 253-967-4617 DSN 357-4617 Cell 253-405-3931 Fax 253-967-3115 10/27/2005 Page 1 of 1 • r Shelly Badger From: Schneider. Steven P LTC (PKI) [steven.p.schneider@us.army.mil] Sent: Monday, September 26, 2005 11 A6 AM To: Dennis Dean (ddean@cityoftacoma.org), Paula Henry (phenry@cityoftacoma.org); Shelly Badger Cc: Schneider, Steven P LTC (PKI) Subject: Roy Connection Letter Dennis and Shelly: I am sending a copy of the letter that I received last winter after a very hostile meeting with three of the members at the bottom of the attached letter. With the possibility of the failure of the Washington gas tax it may be harder to get funding for the Roy connection. Do you think that there is a way to see if BNSF will make this connection in peace time instead of waiting until a war time situation. The paragraph 2 and its sub paragraphs listed their offer of connecting at Roy. Would this connection work for both of you? I have rejected paragraphs 1 and 3 and 4. 1 am still waiting for your running rights letters and will meet with the Corps of Engineers in the next week and your letters would be handy. I would like to know what you think of this offer? I did not act on this letter last winter because it came shortly after our hostile private meeting last January. The verbal conversation that went with this was to drop the North Fort Rail Project which I could not do. I hope to hear from you. Thanks, LTC Steven P. Schneider Deputy Installation Transportation Officer Directorate of Logistics Fort Lewis, Washington Phone 253-967-4617 DSN 357-4617 Cell 253-405-3931 Fax 253-967-3115 9/26/2005 i3NSF RONALD JACKSON The Burlington Northern NORTHWEST DIVISION and Santa Fe Railway Company General Manager 2454 Occidental Ave South Suite lA Seattle,Washington 98134 206 625-6333 fax 206 625-6540 E-mail Ronald.jackson@BNSF.com January 21, 2005 LTC Schneider Department of the Army Directorate of Logistics Attn: AFZH-DLS MS-18 Box 339500 Ft. Lewis, WA 98433-5000 Mr. Ricky Johnson Director, Installation Management Agency Northwest Region Office Attn: SFIM-NW-LO-T 1 Rock Island Arsenal Rock Island, IL 51299-6200 Gentlemen, We appreciated the recent opportunities which BNSF people have had to discuss Army proposals concerning expansion and redeployment of the rail facilities at Ft. Lewis. These topics have been further discussed with other involved BNSF departments and the following conclusions were reached: 1. For labor and safety reasons, BNSF cannot allow any other railroad, nor any crews or contractors of the Army, to use its trackage between Lakeview Junction and Roy. 2. To accommodate concerns of the Army for two directions of access to Mobase(Logistics Center) in the event of a catastrophe that dropped one or both of the I-5 overpasses to block the Lakeview Junction-Mobase route,the following should be done: (a) By their own manner and means,the Army, City of Yelm, and TMBL (Tacoma Rail) should arrange a connection at the point of closest approach between the TMBL Mountain Division and the City of Yelm trackage south of Roy. BNSF advises that this connection face to permit a facing points movement from Mobase toward Chehalis. (b) BNSF will execute a standard detour agreement with TMBL and the City of Yelm to permit BNSF the use of their trackage in the event of emergencies, either between the new Roy junction and Chehalis, or, by means of a reversal of movement, by use of the TMBL to Tacoma. This will not be a trackage rights agreement, but a detour agreement such as is in common use in the railroad industry. BNSF, like all major railroads, has many of them in force all over its system, for the purpose of providing short-term, temporary alternate routes in the event of line blockages. BNSRh1.CW Page 2 January 21, 2005 (c) BNSF is willing to execute an agreement with the City of Yelm and TMBL to provide for the switching of the Roy elevator by TMBL. This agreement will provide trackage rights for this purpose to a point 200 feet north of the north switch at Roy, to permit headroom for switching. For reasons of safety, a swinging gate with red target, secured by a BNSF switch lock, will be placed across the main track at this point, which will be opened only to permit detour movements. 3. BNSF further proposes that an alternative use of the remaining assets at Main Gate and North Fort Lewis(which we believe cannot be economically used in place)is to redeploy them to a central staging and classification yard configuration adjacent to the existing Mobase ramp tracks. This would be similar to the arrangement which works well at Ft. Hood. The 72 to 75 lb. rail in place at Main Gate and North Fort Lewis is, in our view,too light for regular use by loaded cars, but is suitable for staging and sorting empties. 4. To support the central staging yard concept, BNSF offers to provide technical assistance to the Army as follows: (a) Identification of usable second hand material from Main Gate and North Ft. Lewis trackage, (b) Preparation of an engineering plan for a sorting and staging yard adjacent to the Logistics Center, including a tail track extending parallel to BNSF. We look forward to assisting you in making the most of your investment in the Logistics Center. Please contact me at(206) 625-6333 if you have questions or comments and either I or an appropriate BNSF official will get back to you in short order. Sincerely, Ronald D. Jackson General Manager-Northwest Division cc. Jerry Pinkepank, BNSF consultant Jerome Johnson, BNSF RR Bertrand Pinard, BNSF RR Patty Otley, BNSF BNSAhtdot Message Page 1 of 1 Shelly Badger From: Shelly Badger Sent: Monday, August 08, 2005 10:31 AM To: 'Dean, Dennis', Schneider, Steven P LTC (PKI), ddean@cityoftacoma.org Cc: phenry@cityoftacoma.org Subject: RE: Prairie Line The City of Yelm's main goal is affordable and efficient access to rail for our potential current and future customers. That doesn't necessarily require us to own the line, just to have a rail partner that is willing to work with us and provide cost effective and efficient service. I feel we would have that if either the Army or Tacoma Rail were owners of the line from Roy to Lakeview. Thank you, Shelly Shelly Badger Yelm City Administrator shellyb@ci.yelm.wa.us P.O. Box 479 Yelm, WA 98597 360-458-8405 -----Original Message----- From: Dean, Dennis [mailto:ddean@ci.tacoma.wa.us] Sent: Monday, August 08, 2005 10:05 AM To: Schneider, Steven P LTC (PKI); ddean@cityoftacoma.org; Shelly Badger Cc: phenry@cityoftacoma.org Subject: RE: Prairie Line LTC Schneider, Tacoma Rail would be interested if the line were available. Please remember that TR would have to complete due diligence and have permission from the Board and Council to complete the sale. Dennis H. Dean 253-502-8891 From: Schneider, Steven P LTC (PKI) [mai Ito:steven.p.schneider@us.army.mi1] Sent: Monday, August 08, 2005 9:55 AM To: Dennis Dean (ddean@cityoftacoma.org); Shelly A. Badger (shellyb@ci.yelm.wa.us) Cc: Paula Henry (phenry@cityoftacoma.org) Subject: Prairie Line Dennis and Shelley: If the US Government purchased the Prairie Line from BNSF would you be interested in purchasing it from us? Please let me know quickly as we are in the middle of heated discussions on purchasing this line. A drawback is if Ft Lewis ever closed we would need to keep the Prairie Line open and government does not like this type of obligation. Thanks, LTC Steven P. Schneider Deputy Installation Transportation Officer Directorate of Logistics Fort Lewis, Washington Phone 253-967-4617 DSN 357-4617 Cell 253-405-3931 Fax 253-967-3115 8/8/2005 CO Vvullv I IT VT rqyl tv � Page 1 of 1 Shelly Badger From: Schneider, Steven P LTC (PKI) [steven.p.schneider@us.army.mil] Sent: Monday, July 25, 2005 4:43 PM To: Shelly Badger Subject: Running Rights Signed By: steven.p.schneider@us.army.mil Shelly: I am proceeding further with the Prairie Line and Nisqually Line running rights. It has now gone from Northwest Region (our garrison higher headquarters) to the Corps of Engineers. What I need is permission from you and the City of Yelm for running rights on your track from Roy to one mile south of the proposed connection at Miles Gravel Pit. This one mile would enable us to clear the switch with a large number of cars. This running rights would also enable us to go onto the Mountain View track owned by Tacoma Railroad. I will forward this and the letter Paula Henry of Tacoma Railroad will send me in a couple of days to Northwest Region Installation Management Agency for inclusion with our running rights process. I could use this very soon. Thanks, LTC Steven Schneider 7/26/2005 Message Pagel of 2 Shelly Badger From: Schneider, Steven P LTC (PKI) [steven.p.schneider@us.army.mil] Sent: Friday, August 26, 2005 2:22 PM To: Shelly Badger; Schneider, Steven P LTC (PKI) Cc: ricky.d.johnson@us.army.mil Subject: RE: Running Rights Letter No. Two weeks will be fine. I will be on leave next week except for Tuesday and will be working the following week. The running rights letter gives me more of an excuse to ask for it on the Prairie Line from BNSF. The answer that I got from Dennis Dean two weeks ago helped about being willing to purchase the Prairie Line if Fort Lewis were to deactivate. That will stop one of the concerns of the Federal government having a long term obligation without any benefit. Thanks. LTC Steven P. Schneider Deputy Installation Transportation Officer Directorate of Logistics Fort Lewis, Washington Phone 253-967-4617 DSN 357-4617 Cell 253-405-3931 Fax 253-967-3115 From: Shelly Badger [ma iIto:shellyb@ci.yelm.wa.us] Sent: Friday, August 26, 2005 10:30 AM To: Schneider, Steven P LTC (PKI) Cc: ricky.d.johnson@us.army.mil Subject: RE: Running Rights Letter LTC Schneider, I have been out of the office so much lately with meeting commitments, I have not been able to make headway on the running rights letter, but hopefully will in the next 2 weeks. Let me know if that causes you any problems. Thank you, Shelly Shelly Badger Yelm City Administrator shellyb@ci.yelm.wa.us P.O. Box 479 Yelm, WA 98597 360-458-8405 -----Original Message----- From: Schneider, Steven P LTC (PKI) [mailto:steven.p.schneider@us.army.mil] Sent: Wednesday, August 24, 2005 10:05 AM To: Shelly Badger Cc: Ricky Johnson (ricky.d.johnson@us.army.mil) Subject: Running Rights Letter Shelly: Has there been any progress on the running rights letter? I have included Ricky Johnson's email for you to contact if you have questions. He is in Northwest Region, our higher headquarters, and could be of assistance. Thanks, LTC Steven P. Schneider Deputy Installation Transportation Officer Directorate of Logistics Fort Lewis, Washington Phone 253-967-4617 8/26/2005 Message Page 2 of 2 DSN 357-4617 Cell 253-405-3931 Fax 253-967-3115 8/26/2005 Message Page 1 of 1 Shelly Badger From: Shelly Badger Sent: Tuesday, August 23, 2005 3:40 PM To: 'Schneider, Steven P LTC (PKI)' Cc: ddean@cityoftacoma.org; phenry@cityoftacoma.org Subject: RE: Roy Connection for Yelm Rail Track Thank you! I have briefed Congressman Adam Smith's Deputy District Director about the importance of the connection and will be following up with him again soon. The City is planning on improving its contact with staff from both Senator Murray and Cantwell's offices about this and other projects. Consistent messages to many of our elected leaders at both the federal and state levels only improves our chances for funding. Thanks again for helping spread the word. Shelly Shelly Badger Yelm City Administrator she_Ilyb@ci,yelm,wa.us P.O. Box 479 Yelm, WA 98597 360-458-8405 -----Original Message----- From: Schneider, Steven P LTC (PKI) [mailto:steven.p.schneider@us.army.mi1] Sent: Tuesday, August 23, 2005 2:54 PM To: Shelly Badger Cc: Dennis Dean (ddean@cityoftacoma.org); Paula Henry (phenry@cityoftacoma.org); Schneider, Steven P LTC (PKI) Subject: Roy Connection for Yelm Rail Track Shelley: I briefed Mr. Tom Young (local) and Mr. Mark Forstrom, both staff members for Congressman Dave Reichert yesterday about rail infrastructure issues that effect Fort Lewis. I told them that your project for connecting your track to the Tacoma Railroad track at the Miles Gravel Pit was very important to giving Fort Lewis a second rail exit and running rights on the Mountain View line. One of them wrote on their note pad that they needed to either look into your project or support it. Anyway, you might contact your congressional staff and possibly work with these guys as well. As I brief congressional staff members in the future I will make the same recommendation for your project. I hope that this helps. Thanks, LTC Steven P. Schneider Deputy Installation Transportation Officer Directorate of Logistics Fort Lewis, Washington Phone 253-967-4617 DSN 357-4617 Cell 253-405-3931 Fax 253-967-3115 8/23/2005 rp�Q� a� 9� ce of Yelm 105 Yelm Avenue West Y E L M P.O. Box 479 WASHINGTON Yelm, Washington 98597 April 30, 2003 (360) 458-3244 Washington State Department of Transportation Rail Office Ken Uznanski, Manager P.O. Box 47387 Olympia, WA 98504-7387 RE: Transmittal of City of Yelm WSDOT Freight Rail Assistance Application Dear Mr. Uznanski: The City of Yelm is pleased to submit the attached Freight Rail Assistance Application for the connection of the Yelm Roy Prairie Line to the Tacoma Rail Mountain Line near the Miles Sand and Gravel Company outside the City of Roy. As you will see by our application and the accompanying letters of support, this project, has the support of local, county and state government, chamber of commerce, economic development and port agencies, as well as the development and business community. Since the 1999 acquisition of the then-to-be abandoned section of the Prairie Line from Yelm to Roy, the City, in partnership, has been working to establish a connection of the Yelm Roy Prairie Line to the Tacoma Rail Mountain Division. This connection alone could divert upwards of 22,000 truckloads of gravel per year from SR 507 to freight rail, as well as support rural economic development of commercial and industrial growth in Yelm, Thurston County's fastest growing community. And last, but surely not least, the connection provides a unique and exciting opportunity— commuter rail between east Thurston County and Tacoma's Freighthouse Square, where the Sounder commuter train now stops. A connection that could enable the City of Yelm to be the first community in Thurston County to have commuter rail service to Tacoma and Seattle! In closing, we thank you for your consideration of our request for funding of this diversely beneficial project. i l Sincer4l.y Mayor,Adam Rivas, City of Yelm The City of Yelm is an Equal Opportunity Provider S Washington State Department of Transportation Freight Rail Assistance Application Connection Track Yelm Roy Prairie Line to Tacoma Rail Submitted by: City of Yelm- April 30, 2003 1. Contact Information: City of Yelm Attn: Ms. Shelly Badger City Administrator 105 Yelm Avenue P.O. Box 479 Yelm, WA 98597 Phone: 360-458-8405 Fax: 360-458-4348 E-mail: shelly@yelmtel.com WSDOT Freight Rail Application Submitted by: ON of Yelm, 4/30/03 2. Project Description: The project will construct a new connection from the City of Yelm's Yelm Roy Prairie Line (YRPL) to the Tacoma Rail mainline between Roy and McKenna as shown on the attached Exhibit A. The connection will be approximately 3,000 feet long. The project will include the following improvements: ' ■ Two (2) turnouts. One in the Tacoma Rail mainline and one in the YRPL mainline. • 3,000 feet of connection track ■ One 80-foot long grade crossing of SR-507. • One set of cantilever grade crossing signals with gates. Box culvert at Murray Creek. The new track will cross property owned by the City of Yelm, City of Tacoma, and Miles Sand and Gravel Company(Miles). All have agreed to provide the required right-of-way for the track. The project will have a number of partners working together to build the project. The City of Yelm is the lead proponent. Tacoma Rail, Miles, Wilcox Farms, and others will participate to varying degrees on the project. One purpose of the project is to open additional markets to and provide competitive rail service to customers along the YRPL. Currently, service is provided exclusively by the Burlington Northern Santa Fe Railway(BNSF). The new connection will open opportunities for existing Yelm industrial area businesses to ship to destinations along the Tacoma Rail system and to gain access to the Union Pacific Railroad(UPRR) via Tacoma Rail. The project will also provide an added marketing incentive to attract future companies to the area. An additional purpose is to give Miles access to rail service and reduce truck trips into the Tacoma metropolitan area. Miles intends to ship approximately 5,000 carloads of gravel per year across the connection into a facility in the Tacoma area. This will reduce heavy truck traffic on SR-507 and SR-7 by approximately 22,000 round trips per year between the Miles pit and Tacoma since this material is currently hauled by truck. Miles also sees an opportunity to develop markets for gravel south of Yelm along the Tacoma Rail corridor into Chehalis. The City of Yelm will follow the necessary environmental review processes in the planning and design of the project. WSDOT Freight Rail Application Submitted by: City of Yelm, 4/30/03 3. Project Timetable: The project is currently scheduled as follows dependent upon funding: August 4, 2003 Begin Permitting and Design March 31, 2004 Complete Permitting and Design April 2,2004 Advertise for Bids April 30, 2004 Bid Date June 1, 2004 Issue Construction Notice to Proceed November 5,2004 Complete Construction WSDOT Freight Rail Application Submitted by: City of Yelm, 4/30/03 4. Project Costs Worksheet: DESCRIPTION QUANTITY UNITS UNIT COST TOTAL COST Construct Track Subgrade 3,000 TF $- 25.00 $ 75,000.00 Construct Track 3,000 TF $ 120.00 $ 360,000.00 Construct Turnouts 2 EA $ 50,000.00 $ 100,000.00 Construct Grade Crossing 80 TF $ 750.00 $ 60,000.00 Install Crossing Signals & 1 SET $ 125,000.00 $ 125,000.00 Gates Fencing and Gates 1 LS $ 30,000.00 $ 30,000.00 Construct Box Culvert 1 LS $ 100,000.00 $ 100,000.00 SUBTOTAL $ 850,000.00 Contingency 25.0 % $ 212,500.00 Design& Constr. Admin. 12.0 % $ 127,500.00 WSST 8.4 % $ 89,250.00 Right-of-Way Expense 50,000.0 SF $ 3.00 $ 150,000.00 TOTAL $ 1,429,250.00 The project will have substantial local funding and in-kind contributions. The support will come from several local sources including both private and public entities. The support is similar in nature to the cooperative effort and financial support garnered by the City of Yelm, City of Roy, local businesses, and economic development agencies for the initial purchase of the YRPL from the BNSF several years ago. A breakdown of the estimated funding sources is as follows: Local Funding $ 50,000.00 Miles Sand & Gravel (in-kind contributions) Right-of-way $ 150,000.00 Track Ballast $ 10,000.00 WSDOT Freight Rail Assistance $ 1,219,250.00 Total Project Cost $ 1,429,250.00 WSDOT Freight Rail Application Submitted by: City of Yelm, 4/30/03 5. Safety or Emergency Situation Information: The project will take approximately 22,000 round trip truck trips off of SR-507 and SR-7 as described above. This significant reduction in truck traffic on those stretches of regionally significant highways will enhance safety and reduce congestion. The connection may also reduce truck traffic along SR-507 and SR-510 through the City of Yelm's core area. Several existing industries that previously used rail and currently use trucks may return to rail service if it can be achieved competitively. The new connection will improve access to competitive rail rates. Up to 100 truck trips per year may be reduced from those routes. WSDOT Freight Rail Application Submitted by:City ofYelm, 4/30/03 6. Preservation of Rail Line: Construction of the new connection to Tacoma Rail provides the opportunity to restore service to this line by creating a competitive alternative for Miles to ship gravel to the Tacoma market area by rail. It may also bring previous rail customers back to rail by providing the competitive connection offered by Tacoma Rail to the UPRR and other markets along the Tacoma Rail system. WSDOT Freight Rail Application Submitted bY: ON of Yelm, 4/30/03 7. Project Benefits Worksheet: Benefits from the project include the following: ■ Avoided Highway Impacts ■ Opportunity Costs ' ■ Transportation Cost Savings ■ Environmental Impacts Each of these items will benefit from the construction of the connection to the Tacoma Rail mainline. Some of the benefits are immediate and some take place over time. All are substantial. Avoided Highway Impacts Miles currently ships 22,000 round trip truckloads per year from their pit located between Yehn and Roy into the Tacoma area. They typically travel on SR-507 between the pit and the junction with SR-7 and then into Tacoma along SR-7 and SR-512. The total distance traveled by the trucks is approximately 25 miles each way. It is also estimated that existing industries that previously used rail will return to rail for a limited amount of their business. This will lead to a reduction of 100 trucks per year from SR-507 and SR-510 in Yelm's core. Oppprtuni1y Costs In addition to the reduction of truck traffic on the state highways, several opportunities for additional savings to businesses may result from the project. Some of the industries in the Yelm industrial area previously used rail. A propane distributor and two plastic products manufacturers both received products by rail until BNSF rail rates became non-competitive with trucking. Amtech and Lasco, the plastic products manufacturers have expressed interest in returning to rail service if the rates can be competitive. The propane distributor may also consider returning to rail for inbound tank cars. The connection also provides a potential commuter rail link to Sounder via Tacoma Rail to Freighthouse Square in Tacoma and beyond. Sounder is currently constructing a commuter rail station there and construction will begin in May 2003 of the connection from Tacoma Rail to the BNSF mainline for service into Seattle. There are currently approximately 250 acres of industrial land available in the Yelm area that are immediately adjacent the YRPL. Competitive rail service to these sites greatly enhances the opportunities for development of new industries and their associated employment. Perhaps most importantly, the connection will develop new business for Tacoma Rail to haul approximately 5,000 carloads of gravel into Tacoma each year. The value of this business alone for Tacoma Rail should be in the range of$500,000 to $1,000,000 per year. In addition to this business,the local plastic products manufacturers and the propane distributor may generate an additional 40 to 50 carloads per year. WSDOT Freight Rail Application Submitted by:City of Yelm, 4/30/03 7. Project Benefits Worksheet: continued... Transportation Cost Savings Anticipated savings due to the change from truck to rail for the gravel shipments are in the range of$1.00 to $2.00 per ton of gravel or between $400,000 and $800,000 per year. Additional savings may be realized from existing businesses returning to rail service. Environmental Impacts Reducing truck trips from Yelm into Tacoma by approximately 22,000 round trips per year and shipping the gravel by rail reduces fuel usage and air pollution significantly. Perhaps more significant is improved safety along the highway corridor due to the large reduction in truck traffic. Additionally, the two state highways SR 507 and 510 converge in Yelm's city center. Currently these highways carry over 35,000 trips per day through the heart of Yelm on streets originally built for local traffic. Removal of the trucks from existing businesses upon their conversion to use of rail, as well as from future industrial growth utilizing rail service, will help to alleviate the congestion which deters economic development, hampers emergency response efforts, school transportation and transit service, and lowers the quality of life for the community's residents. WSDOT Freight Rail Application Submitted by: City of Yelm, 4/30/03 8. Economic Vitality of the Rail Line: Currently, the Yelm Roy Prairie Line has no traffic. Construction of this project is expected to generate more than 5,000 carloads of gravel from the Miles pit alone. In addition to that traffic, the connection to Tacoma Rail may generate an additional 50 carloads per year from existing industries along the line due to the ability to have more competitive rail rates and to connect directly to both the BNSF and UPRR through Tacoma Rail. The area also has a large potential for industrial development with approximately 250 acres of industrial land immediately adjacent to the YRPL in the Yelm area. Part of the long-range plan for the line has been and remains to attract rail-served industries to these sites. The connection to Tacoma Rail enhances this plan. The Yelm area,including Roy and McKenna, is one of the fastest growing areas in the region. Improved rail service with the potential to provide both freight and commuter rail to the communities will enhance economic development and increase the number of family wage jobs available to residents. WSDOT Freight Rail Application Submitted by:City of Yelm, 4/30/03 9. Audited Financial Statement: Not applicable WSDOT Freight Rail Application Submitted by:City of Yelm, 4130103 Page 1 of 1 Shelly Badger From: Schneider, Steven P LTC (PKI) [steven.p.schneider@us.army.mil] Sent: Thursday, December 08, 2005 1:01 PM To: Shelly Badger Subject: Yelm Prairie Track Signed By: steven.p.schneider@us.army.mil Shelly: Is there any progress on the letter? Thanks, LTC Steven P. Schneider Deputy Installation Transportation Officer Directorate of Logistics Fort Lewis, Washington Phone 253-967-4617 DSN 357-4617 Cell 253-405-3931 Fax 253-967-3115 12/12/2005 i Page 1 of 2 Shelly Badger From: Schneider, Steven P LTC (PKI) (steven.p.schneider@us.army.mill Sent: Thursday, September 29, 2005 5:31 PM To: Dean, Dennis; Schneider, Steven P LTC (PKI), ddean@cityoftacoma.org; phenry@cityoftacoma.org, Shelly Badger Subject: RE: Roy Connection Letter Dennis: Thanks for your reply. Issues between BNSF and the army will not be resolved quickly and I understand your concern about them. I am presently working with the simulation center to see if a model will substantiate the need for the North Fort rail project. If the model substantiates the need for the additional rail yard then I will proceed. I may want to ask you or Paula on some processing questions such as how many rail cars carrying military cargo can be down loaded at the Port of Tacoma in a 24 hour period. I will know more questions as I go along. Thanks for your help. LTC Steven P. Schneider Deputy Installation Transportation Officer Directorate of Logistics Fort Lewis, Washington Phone 253-967-4617 DSN 357-4617 Cell 253-405-3931 Fax 253-967-3115 From: Dean, Dennis [mailto:ddean@ci.tacoma.wa.us] Sent: Thursday, September 29, 2005 2:24 PM To: Schneider, Steven P LTC (PKI); ddean@cityoftacoma.org; phenry@cityoftacoma.org; shellyb@ci.yelm.wa.us Subject: RE: Roy Connection Letter LTC Schneider, After pondering your query regarding the project of a Roy connection and the running rights letters I have decided to answer in the following way: Tacoma Rail is supportive of the Roy connection. Tacoma Rail was and is willing to grant running rights to the US Government, Army, subject to the approval of our Board and Council on the TRMW. Having said that I also need to say that an official letter will not be forthcoming. My current understanding is the BNSF is not supportive of the connection and not having Tacoma Rail serving Roy directly. As I understand their early support was based on exchanges between BNSF and TR such that BNSF could run trains South to Chehalis on the TRMW in emergent conditions. Tacoma Rail is still supportive of that as well. BNSF would not agree to allow TR to run North on the Prarie Line in the event of an emergency. I am ok with that even though I would like to achieve that emergency ability for our customers. Finally, I am not able to resolve issues between the BNSF and ARMY. Once resolved I believe the connection will move back to the front burner. Unfortunately, the funding will already be long gone. I am not about doom and gloom but there is no money available. If Tacoma Rail was to provide service via the Mountain Division on the East side of Fort Lewis and the ARMY was to build out a new loading facility then storage and running rights would be part of that decision. If you have any questions please contact me at 253-502-8891 Dennis H. Dean From: Schneider, Steven P LTC (PKI) [mailto:steven.p.schneider@us.army.mill Sent: Monday, September 26, 2005 11:46 AM To: Dennis Dean (ddean@cityoftacoma.org); Paula Henry (phenry@cityoftacoma.org); Shelly A. Badger (shellyb@ci.yelm.wa.us) Cc: Schneider, Steven P LTC (PKI) 10/17/2005 Shelly Badger From: Jailyn Brown [brownj@trpc.org] Sent: Monday, June 27, 2005 1:19 PM To: Jeffers, Kevin Cc: Shelly Badger Subject: RE: Fort Lewis is looking at UP to move freight Thanks! Jailyn Brown, Associate Planner Thurston Regional Planning Council 2404 Heritage Court SW #B Olympia, WA 98502 (360) 786-5480 brownj@trpc.org This email and any attachments are for the use of the addressed individual. If you have received this email in error, please notify our systems manager. TRPC has taken responsible precautions to ensure no viruses are present in this email, however we do not accept responsibility for loss or damage arising from the use of this email or attachments. -----Original Message----- From: Jeffers, Kevin [mailto:JefferK@wsdot.wa.gov] Sent: Monday, June 27, 2005 1:14 PM To: Jailyn Brown Subject: FW: Fort Lewis is looking at UP to move freight FYI http://seattle.bizjournals.com/seattle/stories/2005/06/27/story4 .html From the June 24, 2005 print edition Army may add UP rail service with expansion Steve Wilhelm Staff Writer A 1917 contract, unearthed from a file cabinet in Union Pacific Railroad's offices, may be the key to bringing additional rail service to Fort Lewis. Lt. Col. Steven Schneider has been working to expand rail options to Fort Lewis by opening the United States Army base to service from the Union Pacific Railroad, in addition to its current connection with the Burlington Northern Santa Fe Railroad. He contends a second rail operator will increase price competition, give base operators more service options, and increase Fort Lewis's ability to move large volumes of troops and equipment at a time of crisis. The 1917 contract is a key to bringing Union Pacific onto the base, guaranteeing the railroad access to the base on nearby tracks now used by Sound Transit. Prior to Schneider's instigation, Union Pacific officials weren't even aware the contract existed, said company spokesman John Bromley. "When the Army brought this to our attention, we went back through our files and found it, " Bromley said. Fort Lewis, which straddles Interstate 5 south of Tacoma, is the U.S. Army's sole "power projection platform" on the West Coast, which means the 1 District. The Port of Tacoma is the only port designated a "Puget Sound Strategic Port, " by the Department of Defense, which gives it a central role in preparing for any conflict, he said. The port is now planning a major exercise in August or September, loading 1, 000 vehicles at Fort Lewis, transporting them by rail to the port, then loading them onto large military vessels. 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Q Cade Spt , V E'"0"' '• ideBeac i _ Cu r r FS,e�lacoom r kewoo � y Park ',� Clilrto PaFk to S " L L �Iovei Paik TAC A/ BVI Elly ,w ' ,2T , a 1,11 TH ST S Lakei; City 25 %?fTEi2.�N5 0 SW 125 D Ponders'U Lnei j d T cChord AFB I{ i + { Till um 3 2 I" Murray NatwnalGuard 22 ort Lewis J' Ti^ a Hillside I 110014 -r IAM 16a'F� r Bleck ^ \ Wd ^ '� crr .rte Y_`y Tacoma Rail Capital Division h_TACOMA RAIL TACOMA PUBLIC UTILITIES Tacoma Rail is a full-service short . :. line railroad.Interchange is avail- - 7 able with both the Burlington j Northern Santa Fe and Union Pa- } n �- cific railroads. Tacoma Rail is owned by the City of Tacoma and operates under the authority of the c -`�.• Tacoma Public Utility Board. t::r Tacoma Rail has three operating divisions: Tidelands Division(TMBL) �' �4" , ;' }, <E,�► Mountain Division(TRMW) Capital Division(also TMBL) The Capital Division serves over r� 20 customers on three different ¢. line segments with a total of almost 40 miles of combined track. Tacoma Rail began operation of this division in November of 2004.This picturesque line has substantial opportunities for growth in the Tumwater/ Olympia area and the 140 acres of industrial zoned vacant land in South Tacoma offof 561hStreet.This Division has experienced traffic increases through the first quarter 2005.Rail traffic is expected to double in 2006. The three segments of the Capital Division are Belmore/Olympia,Quadlok,Lakeview/South Tacoma(see back for maps).Commodities handled are diverse,from corn syrup to plastic pellets,and aluminum blocks to cans of chili! -i Currently the line is served by two GP-20's locomotives shown here. Tacoma Rail is fully integrated Additional locomotives are available to handle anticipated growth on these lines. into the North American EDI network. Call 253.502.8897 or e-mail rernst@cityoftacoma.org website www.tacomarail.com May 05 Tacoma Tidelands Service Area North Intermodal Yard 11K" Line, Yang Ming NIM Washington United Terminals Maersk/Sealand Hyundai SIM HIM Auto Warehousing Pierce County Terminal AWC Evergreen PIM Tacoma Rail Offices and Primary Staging Yards T MWIN i Tacoma Rail .>4 TACOMA RAIL Tidelands Division Tacoffm recon.vuuic UTILITIES Tacoma Rail is a full-service short line railroad.Interchange is available with both the Burlington Northern Santa Fe and Union Pacific railroads. Tacoma Rail, owned by the City of Tacoma and operating under the authority of the Tacoma Public Utility Board,has three operating divisions.The Tidelands Division(TMBL), Mountain Division(TRMW),and Capital Division(also TMBL). The Tidelands Division switches freight between Tacoma industries and the two transcontinental railroads on 26 miles of track.Some of the largest industries in Tacoma rely on Tacoma Rail.One customer,the Port of Tacoma,is the fifth largest container port in North America.The Port of Tacoma handles more than 1.8 million TEUs(20-foot equivalent units)a year.Through the Port,Tacoma Rail serves some of the world's shipping giants,including Evergreen,"K"Line and Hyundai.Tacoma Rail is a crucial link in the Port of Tacoma's success by efficiently and cost effectively switching containerized goods between trans-Pacific cargo ships and trans-American railroads. In addition to containerized cargo, Tacoma Rail's freight includes chemicals,automobiles,scrap metal, feed,grain,frozen food,lime,petroleum products and lumber products— the foundations of Tacoma's industrial heritage.Other large customers include Auto Warehousing Corporation,McMillan Piper,Schnitzer Steel,US Oil and Graymont. The Tidelands'100 employees include locomotive engineers,switch supervisors,switch operators, yardmasters,yard clerks,mechanics,rail inspectors, e primary Tidelands interchange stagingand ard contains 95,000 rail maintenace workers,operations supervisors, feet of track information technology specialists and safety/training professionals. "Right car, Right place, Right time, Every time." zoos: ro I six t tx �- - _ t' 000 .. four 0i .. and two 3000-horsepower(SID-40-2)units Two GP38-2s and two GP 40-2M's are on order Call 253.502.8897 or e-mail rernst*cityoftacoma.org website www.tacomarail.com May 05 Page MP MP Area Siding 1 0 5 Frei hthouse Transit 2 5 8 Hillsdale East&West Shanty 3,658 4,078 3 9 12 Allison East&West Allison 4,800 1,500 4 13 15 Frederickson 5 M 15 18 Graham 6 M 19 22 Thrift Thrift 4,017 7 M 23 26 Kapowsin _ 8 M 27 31 Cla City 8 M 32 38 Eatonville Eatonville 1,600 10 M 39 43 New Reliance New Reliance 2,622 11 M 42 44 jAlder Lake 12 M 46 51 Elbe/Park Junction 13 M 52 55 Mineral MRS Shops 14 M 56 59 Divide Divide 4,000 15 M 59 63 Tilton 16 M 63 65 Morton Tubafor,,Support siding 2,000 17 C 15 17 Elk Plain 18 C 18 21 East Fort Lewis 19 C 22 25 Roy Greendale 3,958 20 C 26 29 McKenna McKenna 1,550 21 C 30 32 Bald Hill 22 C 33 35 Koeppen Road 23 C 35 38 Rainier Rainier 2,176 24 C 38 41 Military Road 25 C 41 43 Western Junction Skookumchuck 5,731,746,746,1,666,1,394,2,854 26 C 43 45 Offut Lake Offut Lake 2,036 27 C 46 48 Tilley Road 28 C 49 53 Ma own Ma own Yard,Siding 2,042 1,984 29 C 53 56 Case Road Essex 2,931 30 C 56 59 Grand Mound also shows Essex 31 C 59 62 Blakeslee Junction Lakeside 1,400 Centralia 2,471 1,258 32 C 63 66 Centralia 33 C 65 67 Chehalis Chehalis Pass 3,170 Yard 1,800 • '® Street Atlas US 04 T ma q 1 1M E�gTHr3Td-?' 1 M lip 51H51 ' o g EAST WEST RD o 61- R j to S 509 EECiS 3T a 2 QST MP 1 �R1.ING ST w` 0 O 29RQ S� _ MP 2 q�F .. 'n v°,* PU`f A� 396 639A racomaJ,unction o rY S2,ITN - m u,E27THST,._� c'> _ - r 20TH ST E z 20TH ST E ST � to ST m HS E3pTHST_,_... MP 0 E29Tz TH y a see is cKinley Park CTC Territory E31STST,...,• E c .p Im DST._...,- ... m -ai„- E 32ND ST W !-44 - E 32ND St _.-- tGHT m '�'m. E34rHST �. �s w m im+ :`Tra�'A £IQAt � . r+ ` 28AIST�� t87 N oN, _ E 1 E 35T#t S�`-- i$ Y E Hp,t51SON ST ,Portland i&eAus Puk.�`� Y 23Tt j ST g? CTE :w r C) a 509 HAKRISdN_SZ ( RTdN ,t ..- -j t`R% JE iim 1 E SHERtJIAN E tjfV1310flU�DNtS1 I N m rn w DVI£W ST .. S MP3 E38THST-' him; }. m v w ... r E 38TH 3T `�+ iPordaud to "E 37TH 3T Sv.an Creek County S3 E 67TH ST fteservon D E 7LH ST Park S GEORS£ST! i E GEORGE ._ F' w F+, S38THSTE38Tt 4L.- Lw ,- I } r { 397 >F u 30TH ST E m ;g 2. W t �Y mM : S 40TH ST E !40Tt1 ST �_.. .._!G) '.. w .. -- Lu wm E4ISTST ± m O° w• !mN E42NDST N S 43RD STS e43R0 3 _�� _ _ ¢ _ 44711 Q . . . :m �i ti E``1 c,QFt Lt SaliaFi3nFP�� w E4S7HST MP4 �. w 44THSTE _ - v y E 3T r-... 44TH STREET CT ' E E 47- STi -.. 48TH ST E 0 'o!- 396 6530 4ttTH ST OTHST_ .. w E S 48TH ST Q1 m rA ., tp1 m w ;rnrna�. E50TH$T -. ^-+ ¢ m �...-sc-n . $50TH371 > c ESjST n ptco ua S521DST g _. �MOST ......, ,'u c ...... .:.__ ._.. ...w.-.. IG) .m Q y m E5i,,,,� m... m-m 2 "E 396-654C x w Lu w -+ a r 55TH ST E S 55TH ST y -+. T. wo s S 56TH ST ml E 987H8T Lu E� ' ST.._... Sys w S 57TH ST E 97TH 3T A T��Fa a Lu m S 58TH ST c +W St Heights �� a n p m y Pty o .:m A r N o $59 8T Removed4. m _. T -_ r*t A N m. E 82nD ST w: �S6f3Ta$T Q E82rDS 12 ESISTST r .. �... c w w n _ MP 5 E 82 ST g . 0O A 0 ,T T Z ice... E83RDST.. .._ q. M .._ rn N Hills'. Tacoma Steel 396-656R ,. E64T�$1 c. a WHSTE.. , <SS65THST E _ tf+ E85TH_ST rn r�r Scale 1:25,000 ©2003 DeLorme,Street Atlas USA®2004. ° °°° u°° rH„e.r� www.delorme.com ° °00 '0° °00 'm 100D 1"=2,083.3 ft Data Zoom 13-0 • ' Street Atlas US 004 S 56TH ST E 5$•119ST E 56tH S7.-_ rn S 57TH STM ^E!17TH ST M 57TH S W - �._.. m ,0 Iz S 58TH ST N _.- S 59TH ST P 1 Removed "' �� m S 60TH ST N D 'co f 382HD_ST. E 62PD ') Ai E w S MP 5 E 82ND ST 62ND ST j Lu T 1cm.-... ~-�4 .. .,_..EOMST_.:_. g a > 1"n- { Ir- a Steel " D. �. ETH$L....... <_L ... 64TH STE y _` ... STFf$T E65THS7 _ �i rt5 E5THST._.. _-. .m m A z E 68THi T 66TH ST' c _STi7�T ST_ East Shanty Tk 1110 _.-i7 SII ET ST_ I�,' o m N`_....,... N 3.658 ',� T' a ai " . .. g k 67 HST F-Ak/ _ 3: ti � �m•im E ---- tNi-'_. �.._ _.... ''N•).. � E88TH3T .:- .__�• 'pp u m E70TH5� 1"' ST 'EJ wi �€�j;\Eti �' F w E OTH_ 396-658E y;:_. .._. m STD'" 0 a co a 5�� vi w x W0�' .W 1— 0� S 72ND ST 72ND ST E w 72ND ST E:"? c 72ND ST E D > 73RD STREET CT E 396-659L Ed! c3Y_. . ; _,� � W id�f i w;;. Z ': Wi .0 _.Au m c) W' �TH STm: 'E79S7��,, j� _ cmi � '�� g > N. N' -- •`•�+'-•1 7 F-�F .z 1 LMr_ m S.76TH ST C7CC m > m t ' U >51 w MP 6LLO =f�• ,z �, ti > S 78TH ST E 77T6THHco Sf Q Im w S 79TH ST West Shanty Tk 1131 itu 1 l A . _ N 7 E 6OTA ST 4,078 D ) 80 STE ~ N 4 y rt x m ' i !C0 w, �)E DST ._._' a).-. Ial m etl 396-670L E _. B*$T12EET CT E A = �0 Fetn Hill E84TH T m TH ST E m j4c) n •N � Q• _ TM' � w E86THST_._. _ n • 396-671T v m w ...,S 861H ST S 68TIj9 _--E 88TH ST m 88TH ST E Lu _._.._ a rw,......_. y :D m N• � � Daws Mayfield Lu y : 0: N :� W- m �i . _ �,.- ....- - -- _ 907HSTE o -+ SOISTSTi�.m 1!m o m - S 92ND ST u4 cy F- 82ND ST E 92ND ST E MP 7 93R0 St v � D N: SggT(iSTim ! 7 S 98TliSTS h N 3 r t; �` 95TId DD Larchmonl v.. m _ t� m !� 96TH ST E I P 4 :4 �t ._. .-� t� 97TH STE!m ! n 98TH ST S.. : o �m :m im y f )� ! 1 ` 396 874N m A 107 ' M ;m m 'p° ; D l w! U 99TH STS D{r^" m 4 I MIIand o _.. _ • z '- $ TFfi$TREE�CTE' 7 m..� 1 -�-- FE ¢� ~ TOOTH STREET CTE ( 5 { �o,( L �L- Wf� >. -KT101STxS�E wWl D TS 5 t- .__ ._...-... -+ x •-- 396-677J in, o iD3RDSTS W c)- w. a r. m w Li Lu uj D 106TH STcTS MP8 pp m a M 108TH STS m -m N � - 512 _ 109TH$.TE- stz - � 110T1i.STE • -- :.") TH.ST CT E �y m 112TH STS Parkland :m ti v m e �' 112TH STE M Z' 1121H ST E 113TH ST S 113TH STREET CT E t `N STE 114711 STS 114fli.5T. TN Scale 1:25,000 ®2003 DeLonne.Street Atlas USA®2004. IIVr m www.delorme.com MN(18.O'E) 1"=2,083.3 ft Data Zoom 13-0 • ' Street Atlas US 004 1 :ETA 115 CTE--' I m -a ;m Im x; x ic ! 116T1i1 STREETCT E 116THSTE_ xi 'm< East Allison Tk 3011 w m' " 4,800 _118TH ST E... v 396-681 Y rr �i 118THS1'E m .� ._ 121$TRyTE120T �_-_ __.__..H_STE._. -....._... ..... .__._......___�`..,.... 1201rF13iE Wt ¢j Wi W3 w, w. w W� Q U C { i ¢� Z 61 Lu m �J w: cmc ._ . . ✓ '¢, � F; Brookd >ale � r l ZNZ \II on = 128TH ST E 128TH 3T E D 128TH.ST E . t - " Q 396-682F West Allison Tk 3011 N W; w: m _ 1,500 isLui 396-683M I NDSTE i WI Wi �1 134TH STREET CT E p 1 1 STREET CT E to E 188TH ST 36T .... .� 1H IT > ;—_, 136THiSTREEi'CTE 138>}T6i 138TH STE 1 STE S8E -- 137TH_ ,, < 13TTH ST E , m im, r -•r 138TH ST m S� i Im w MP 10CTf �. Std m > g� $T E z 141ST STE •�'s 1 .. 143RD ST E m W fi y 44TH ST E n145TH ST E m MP 11 145THSTREETCTE a, �(D 1�►�i 146TH ST E v149SNgSE gsm�+U~ui-- m �14TTHSTE 1457}{$7S 146TH STREET CTE 147TH STREET CT E :m p L'S +� "' 149111.51 " c '',_.• _ _._. .<-.., W 150TH ST im U `m521$�8rs� 1501H STREET QE 1 w, Nb3T ^ A {m 7 w1 w s 152NDSTTE _. .-..._ .._.. W �: ._ . .. �• u1• -. w N Im yr����� r0. ... ¢ m{ ;uj 'Icy IDc� C�IQOF : 156TH ST D W -d ` •f- __ .. m I r.-:F w m� w nc 'm ; cam. W LLI i ulp }..._. w 158 STE C )+t w. W m �7 ' m: ^� < Q w �-�•...._.. x'11... % -- jm ¢ Z,m>: -161ST ST � ¢ D 161STSTE w; ur. ¢ __.-....._. ... F _W. .N9 _ , C ¢� 'm .........Z i...'�'. �C 164TIi3TE ... - '*' 1r4RDST{E , `F W m _....... 396-688W to tk p. J. Lu� uj : ¢ .. m ��-gym-- t MP 12 ' yG 2 :167TH STE 186Th STE ua Lu uj F 15 m 2: > iS-'' --- --....,,,!D�.�, iD dml 110TH ST nj {_ m _JT2RpSTE _ OISTSTE m 172tU ...... CTE TN Scale 1:25,000 ©2003 DeLorme.Street Atlas USA®2004. ° eoo ,x°o eoo 11a° am° IIV't NN)1&.WE) m www delorme.com 1"=2,083.3 ft Data Zoom 13-0 • Street Atlas US 004 1707 ITE 4 n W 17OTHSTE > 43 A -*AST ST E � W N Fm > > Q m m w --- ,&� MP 13 173RD ST E _ STS 176TH ST E 176TH ST E 1767H ST E w n q {vederiekeon w A m GFF wt17THSTE a m >, w & BOEING m a. � n W: r�9TySrF xt I.D w, "� Canyon Rd V m F 180TH8TE tm 180TFI STE Fredrickson Main m _._.: ' w MP 14 182ND ST E 1 + a �• ;' Far West uje uj' 183RD S1;E 184TH S E = Q c m z: > ti m m ^p o, 184THSTE HARDIE BELCO z D 189TH ST E m w-eA 396-690X 186TH STREET CT E g;CJ tesTristE SL Siding 1000' n P in 192ND S 192ND ST E _ 192W SST E Randles Sand 8 Gravel , m _ — M N ire m o fo mer Spanaway Lumber e m m .._ T m w D m —+ Z' Zi!OTHST _ �_ __ 66TMAVE! o1-- W :m.. kVENU 200TH S7 E �„ 200TH STREET g� 9 w w E�TE - '' z 20.01NSTE WI_ 1� CPQ `pity o- w n _ LU N - _`D- THS m m z U Ri v _� -i 205TH S7 2buATE m 205TH STREET CTE a�` " 205TH ST E � _ -w- 208THSTE GSE 26YF1SiREET'Ci E noa 210TH ST E Map in this- direction m n 211THSTE w 2 m21 STcontu on _ _TE 2121}VE D m m �� 1. .i S ' w m m m --I m Lu w D _211TH ;TE 217THSTPEETCTE Std w ' "$ m x m % z. 217TH STREET CTE pDD 219!}Q 2191H gT.E ti'"6,j, n 217TH STREET CT E m m- E w j 9 216TH STREE3 CTE 1 221ST8T _. _ 2 dG c' w mo �' u w -a 221ST Si A.- �t '+� ,u,Fcj Uzi £& , rt' V e < .> 0 m 220TH ST CT E o w w 2221W BT E'1 n D 224TH ST E > �'- ,o. a w m 224TH ST E m m 224TH ST E m m m. D 45TH$7iE D'D'S w G W 225TH.STR�ETCTE 225TH STREET CTE 'm'm'm m M >` i s. -_ '<RriTH ST E m 01 iF' ..227TH ST E "' 227T11 ST E 227TH ST E . m :; 229TH ST CT E m Scale 1 25,000 ©2003 DeLorme.Street Atlas USA®2004. ,H* . a eao ,aoo teoo am m � www.delorme.com ,MN(18.0•E) I o V=2,063.3 ft Data Zoom 13-0 WWI Wel Street Atlas US 004 19STH STTe 195TH ST E 196. ST v -- ••STH ST�-. .._ .._.., _._._�_._. 196TH ST 196Th ST C i E - 197TH ST E 195TH ST E 198TH ST E w W 19f1'H$T E a 195TH'STREET CT E h�� a0 19$TH STE ' -= m - a - ', � � > a I�I ! m u+ a+►--- f 202FD STE _ ,STM tom_ 20STFtSTE �` "' - v c 204AIJITREETCYE dui !'i- ni mu, b?iTFTST E... STE ;< m M 206TH ST E !m'" P15 �7THSTE m ?0B1TiSTCrE :.. 208TH ST E �� _. ._. 210Th ST PyrcH Y i _ �s .. 209TH ST E j{ 209TH TE_ 208TH STREET CT E y i �107kiS7 E i`� 211THSTE .-... 2101ljSTE c%,� ,18 � r ae ;• 212TH STREET CTE 213TH�T E _ - 212THS�TE �y o C ._ ...__-._ ..... ....-..__ _- -. � w IM MP 16 215T} E{ ' a z: r�r > > 181 m ¢' W W � 216THSTE ti 214tH ST E. ' �� 1 216TH CT TCTE v Pioneer BalPwkL lu >>D 218TH STREETT E Vic}', m ....._.1..___. ' •7TI�71i S w'!� -+ _ O 219TH ST€ -- - - - �=� C1 220TH STAT E �' 221ST STREET CTE w 'a a -- 223RD$TRLET CT sg Imi T ... M o 22a7HS E m m = 224TH ST Graham = nw _ ® < w m a�-_1 w m -$ �227THSTE" .227TH STE ) MP 17 FM �{ h '€ y 78 w W; m — _-.-..c 2291H ST - --------_ 232ND ST E?32Np jre C� o 232ND STREtT CT E I i 234T A . ___... -. M c 233RD ST_ CT E r w c�i. ---oil _ w: 237TH ST E m 7 8 m 237TH ST E �1 _238TH ST E __ m w _-'-^"�' _ 238�1i ST E �' >f __ 236TH STE a <iTM f CTE w __.p�TTM§TRF,LT CT E W 4 m 241ST 241$TSTE a` LL0 uJf 242NE1S7E q W '.._ <.,. j _ �i0 242ND STREET CT E ; 83 wi y ' w "ds�' o g w o w m >-.. wg _ 161 �' o> 244TH STREET CT E <" a F Q: m m wt 246TH ST E'' >S c ad �. _ �.. ET CTE A^ ...-'�46TH ST E _ <• 246TH SIRE-, y � m" 248TH ST E 248 ST E 4x} w m m ._. W 2491Ef57REET CT E W-•- w 250TH STREET CT E ui < 249TH ST E 251ST ST CT-E .. aj ,m ja Q si SS Q 1252ND STFt.qET CT E 2'y >; • 6, 254TH STE -M �I 253RD STREET CTE -. 252ND ST� 250H STE rn Scale 1:25,000 ©2003 DeLorme.Street Atlas USA®2004. :.o0 0000 www.delorme.com Ill/�1 MN 11�A[) 0 Sao .00 M an ,® 1"=2,083.3 ft Data Zoom 13-0 MR O i AM Street Atlas USA 220TH STREET CIE_221ST ST E. Ju: Q6E A 222R STIE 2219 S! i < n r^ 224TH ST E' «' a m rn Thrift. a s Y A M 228TH ST E p y m 227TH ST E_ ¢ � n m m :D < D ;D 0 m m 3 m < 4'? w m w m fM MP 19 12 z � M_= M > ao _ m w F 229TH ST E Q a o w ! w I`3 ^' 230TH STREET CT E A `" A DD m Thrift 4,017' 231ST�TREEF CT E � ¢ 1° n w F- m .D Z .. W e D W wt m ._._.._.z D" Lu . ...... ? ¢I >. vi Z m m m 238TH ST E 237TH ST E ¢ _. ._W M -�+ m 237TH STREET CT E J m __.... . w w MP 20 w w > rz,, ¢ l> ='240THST,E = 38THSTE Q m Lu _ W >, l _ c ¢, 242ND ST E m 247TH ST:E 245TH.ST E w ;M Q I q 248TH ST E WTH ST E ._._. 248TH ST M Lu, 248TH ST E a; '148TH -�-- ,._._..,_ST P wi 250TH,STE 249TH'STREETCT E '�'t = w ¢ v ¢ 252ND ST E > 6) D 9 G M $� m N_ w 258TH ST E Z Q.. MP 21 z m p iEAVFF irSi 259TH LTE- ;m wUJI .......... LU; Q 264TH ST E 264TH ST E $ . Q R' D 268N m In :1/orernr w i a; zb6TH ST E . MP 22 v w 272ND ST E 272nD ST E ._. W r .. 273RD-S- STH ST E a a 276TH ST E ¢ >' 1 m nwax ©2003 DeLorme.Street Atlas USA®2004. Scale 125,000 0 000 1100 N00 N00 .1000 1 www.delorme.com MN(MVE) 0 1m ,m eao am toad m 1"=2,083.3 ft Data Zoom 13-0 1174 K-01 I L I Street Atlas US 004 281ST ST E w' A w �c 283RD ST E m 284TH ST E "' Lu. U . ...... MP 23 280TH STREET CT E _288THSTE,..-........... _. w, 288TH 3T E MP 24 W 1 W. O wTrtgrE W ' ._. 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MP 66 1 800 n COAL CREEKRD l > y 396-782K raA�P ifn � 396-7835+----'� ---- ----�� Chehalis ui Qp co f MP 67 0-�oPVE y� N� `rn Ip SW&IZ S7 i R��-R3LpF SW 3YLVENUS ST 0�`Z' '�'��. �1�,,� ..`�i• ROW -3- 4 OAKVEW DR m $ SE MAfiVO1.Ul'DR co e r �� N.)r vv cn cr y. U I W _I gPI RTS DR w• --f "'�ALAXI� rN Scale 1 :25,000 ®2003 DeLorme.Street Atlas USA®2004. * , ,,, ,,, ,Opp 2, aoao IIV�MN+IB.CE) m www.delorme.com ^ >m .m ^2D M ^^� 1"=2,083.3 ft Data Zoom 13-0 Message Pagel of 3 Shelly Badger From: Schneider, Steven P LTC (PKI) [steven.p.schneider@us.army.mil] Sent: Wednesday, June 01, 2005 1:34 PM To: Jailyn Brown (brownj@trpc.org); Dennis Dean (ddean@cityoftacoma.org); Paula Henry (phenry@cityoftacoma.org); Janet Rhoades (rhoadesj@trpc.org); Barbara Ivanov (ivanovb@wsdot.wa.gov); 'DopitaJ@wsdot.wa.gov'; 'sheric@pririepark.com', J. S. Williams (willgrpjsw@aol.com); Shelly Badger, Ray G. Bourne (roymayor@Ywave.com); Stephen M. Anderson (andest@wsdot.wa.gov); Grant Beck; Pereira, Carol S (PKI) Cc: Crown, Judith A (PKI); Reed, Jerry L (PKI) Subject: FW: Prairie Line From Lakeview to Roy Signed By: steven.p.schneider@us.army.mil To All: Let's hold the meeting at the Thurston County Planning Council conference room at 1:00 pm on 24 June. This would allow us to avoid rush hour traffic and everyone knows where it would be held. Thanks to Joe Williams for offering us his conference room. This could be an option for us in the future. I hope to see you there. Thanks, LTC Steven Schneider 253-967-4617 -----Original Message----- From: Jailyn Brown [mailto:brownj@trpc.org] Sent: Wednesday, June 01, 2005 11:04 AM To: Schneider, Steven P LTC (PKI) Subject: RE: Prairie Line From Lakeview to Roy LTC Schneider-- The next Sound Transit Tacoma-to-Lakewood meeting is scheduled for June 29, but I don't have any specifics yet. It's usually in the morning. If you'd like to get the info directly I suggest contacting Jennifer Ryan or Melissa Flores (206.689.4968, floresm .soundtransit.ory). For your meeting, I've reserved our conference room for both blocks of time -6/21 3-5 p.m. and 6/24 1-2:30 p.m. Either is fine for my schedule. Let me know what you decide. -- Jailyn Jailyn Brown, Associate Planner Thurston Regional Planning Council 2404 Heritage Court SW #B Olympia, WA 98502 (360) 786-5480 brown,i@trpc.org This email and any attachments are for the use of the addressed individual. If you have received this email in error,please notify our systems manager. TRPC has taken responsible precautions to ensure no viruses are present in this email,however we do not accept responsibility for loss or damage arising from the use of this email or attachments. -----Original Message----- From: Schneider, Steven P LTC (PKI) [mailto:steven.p.schneider@us.army.mil] Sent: Wednesday, June 01, 2005 10:20 AM To: Jailyn Brown Subject: RE: Prairie Line From Lakeview to Roy 6/l/2005 Message Page 2 of 3 Jailyn: I made a matrix and 21 June between 3-5 and 24 June from say 1:00 to 2:30 would work. Which is best? I would also like to attend the Sound Transit— Lakewood update meeting. Where is it and what time? Thanks. -----Original Message----- From: Jailyn Brown [mailto:brownj@trpc.org] Sent: Tuesday, May 31, 2005 3:09 PM To: Schneider, Steven P LTC (PKI) Subject: RE: Prairie Line From Lakeview to Roy Here's when the conference room and I are both available from those dates you listed: June 21, 3-5 p.m. June 24, afternoon June 27, morning (until noon) June 28, after 10 a.m. June 29, 2-5 p.m. (June 29 in the morning is a Sound Transit Lakewood update, in Tacoma/Lakewood). If you're interested in one of these times, please let me know so I can schedule the conference room. I'll need to know how long you'd like the room too. This conference room can fill up quickly, so if you even have a idea of a couple of dates/times by tomorrow that would be helpful, as we could place a hold. Jailyn Brown, Associate Planner Thurston Regional Planning Council 2404 Heritage Court SW #B Olympia, WA 98502 (360) 786-5480 brownj@trpc.org This email and any attachments are for the use of the addressed individual. If you have received this email in error,please notify our systems manager. TRPC has taken responsible precautions to ensure no viruses are present in this email,however we do not accept responsibility for loss or damage arising from the use of this email or attachments. -----Original Message----- From: Schneider, Steven P LTC (PKI) [mailto:steven.p.schneider@us.army.mil] Sent: Tuesday, May 31, 2005 2:52 PM To: Jailyn Brown Subject: RE: Prairie Line From Lakeview to Roy Jailyn: WDOT is my problem. They are open 7, 21, 21, all day except 12:00-2:30. They are open 24, 27, 28 and 29 all day. Can you fit in any of those times? Is your room open in any of these days? Thanks. LTC Steven Schneider -----Original Message----- From: Jailyn Brown [mailto:brownj@trpc.org] Sent: Friday, May 27, 2005 9:09 AM To: Schneider, Steven P LTC (PKI) Subject: RE: Prairie Line From Lakeview to Roy LTC Schneider -- Yelm's request to DOT for funding for the rail connection at Roy was turned down by the legislature this time (although the DOT rail office ranks it a high priority) -- but Yelm did receive $33 million to help fund their alternate route around the SR 507/510 intersection. We'll need to find some more options for funding the rail connection. 6/1/2005 Message Page 3 of 3 Open on my schedule right now are -- June 1 (Wed) afternoon June 6 (Mon) June 8 (Wed) after 10 a,m. June 10 (Fri) June 13 (Mon) morning June 14 (Tue) June 15 (Wed) afternoon When the dates are narrowed down a bit, let me know and we'll check our meeting room schedule. You're welcome to use it if it's available. Just let me know. Thanks -- Jailyn Joilyn Brown, Associate Planner Thurston Regional Planning Council 2404 Heritage Court SW #B Olympia, WA 98502 (360) 786-5480 brown,i@trpc.org This email and any attachments are for the use of the addressed individual. If you have received this email in error,please notify our systems manager. TRPC has taken responsible precautions to ensure no viruses are present in this email,however we do not accept responsibility for loss or damage arising from the use of this email or attachments. -----Original Message----- From: Schneider, Steven P LTC (PKI) [mailto:steven.p.schneider@us.army.mil] Sent: Thursday, May 26, 2005 4:48 PM To: Jailyn Brown; Shelly A. Badger (shellyb@ci.yelm.wa.us); Ray G. Bourne (roymayor@Ywave.com); Elizabeth Stratton (stratte@wsdot.wa.gov); Martin J. Young (youngm@soundtransit.org); J. S. Williams (willgrpjsw@aol.com); Barbara Ivanov (ivanovb@wsdot.wa.gov); Stephen M. Anderson (Business Fax); Ray Allred (allredr@wsdot.wa.gov); Dennis Dean (ddean@cityoftacoma.org); Paula Henry (phenry@cityoftacoma.org); Janet Rhoades; P. E. Jennifer Ryan (Business Fax) Cc: Schneider, Steven P LTC (PKI); Crown, Judith A (PKI); Pereira, Carol S (PKI); Reed, Jerry L (PKI) Subject: Prairie Line From Lakeview to Roy To All, I would like to set up a meeting that would meet most of our schedules concerning what will happen to the Prairie Line once the Yelm to Roy connection is funded. Also what is status of this project? Fort Lewis has formally asked BNSF for running rights on the Prairie Line from the Ammunition Supply Point on the Prairie Line to Lakeview and on the Nisqually Line to the Main Post rail yard across from DuPont. I believe that we should have a plan of action for when the Tacoma Rail to Yelm connection takes place so that the section of rail south of the Ammunition Supply Point is not destroyed and hopefully could be used by all. Because of security concerns, getting on Fort Lewis can be time consuming for a group such as this. Could we meet in a conference room at Tacoma Rail, the City of Yelm or the Thurston County Planning Council? Thanks to your help on my running rights request and on the North Fort Rail Yard Project I have been extended on active duty for another two years. Aside from June 3, 2005 my calendar is open. Thanks, LTC Steven Schneider 967-4617 6/1/2005 Message Page I of 2 IM Shelly Badger From: Schneider, Steven P LTC (PKI) [steven.p.schneider@us.army.mil] Sent: Wednesday, March 23, 2005 8:24 AM To: Shelly Badger Cc: Reed, Jerry L CIV (PKI); Crown, Judith A (PKI) Subject: RE: Letters of support for SR 510 Yelm Loop Signed By: steven.p.schneider@us.army.mil Shelley: I wasn't able to send you a support letter. I hope to be able to do so once I get further along in the process. Thanks. LTC Steven Schneider -----Original Message----- From: Shelly Badger [mailto:shellyb@ci.yelm.wa.us] Sent: Tuesday, March 22, 2005 12:52 PM To: Schneider, Steven P LTC (PKI) Subject: RE: Letters of support for SR 510 Yelm Loop LTC Schneider, so pleased to hear that you have been extended at Lewis for 2 years and will be able to continue your excellent work efforts on the rail project. Looking forward to working with you! Your e-mail showed an attachment, but when I opened it, there wasn't one there. Did you send a letter of support via e-mail? No pressure, just didn't want to miss it if you had. Thank you, Shelly Shelly Badger Yelm City Administrator shellyb(cDci.yel_m.wa.us P.O. Box 479 Yelm, WA 98597 360-458-8405 -----Original Message----- From: Schneider, Steven P LTC (PKI) [mai Ito:steven.p.schneider@us.army.mi1] Sent: Friday, March 18, 2005 1:29 PM To: Shelly Badger Subject: RE: Letters of support for SR 510 Yelm Loop Shelly: I am getting extended another two years because of this rail project. I hope that I can work with you in the future about getting Tacoma Rail and Sound transit coming through Ft Lewis on the Prairie line. Thanks for your help. LTC Steven Schneider 967-461 -----Original Message----- From: Shelly Badger [mailto:shellyb@ci.yelm.wa.us] Sent: Friday, March 18, 2005 1:13 PM To: johnw@portolympia.com; Michael Cade; Schneider, Steven P LTC (PKI) Subject: Letters of support for SR 510 Yelm Loop The City of Yelm has contracted with Lobbyists Kathleen Collins and Davor Gjurasic to provide lobbying services of the State Legislature related to the SR 510 Yelm Loop project. They have stated that letters of support specifically from the Port of Olympia, Thurston County EDC and Fort 3/24/2005 Message Page 2 of 2 Lewis, would be helpful as they share our message of the need for a new transportation corridor in and around Yelm. Would you be able to prepare such a letter? If so, a copy of the brochure (PDF file) for the funding request with good facts and figures is available via our website www.ci.yelm.wa.us, by clicking on hot topic"Yelm hires Lobbyists to help with SR 510 Yelm Loop Funding". The letters should be addressed to (mailing addresses below): Senator Mary Margaret Haugen Chair, Senate Transportation Committee P.O. Box 40410 Olympia, WA 98504-0410 Representative Ed Murray Chair, House of Representatives Transportation Committee P.O. Box 40600 Olympia, WA 98504-0600 If you send a letter, please copy Yelm Mayor Adam Rivas, P.O. Box 479, Yelm, WA 98597 Thank you, Shelly Shelly Badger Yelm City Administrator shell ryb(cD-ci.yelm.wa.us P.O. Box 479 Yelm, WA 98597 360-458-8405 3/24/2005 ,� ' � AGENDA ITEM #3 1hurston Pe8iondlCouncil MEMBERS: City of Lacey City of Olympia MEMORANDUM City of Rainier City of Tenino City of Tumwater TO: Transportation Policy Board City of Yelm Town of Bucoda FROM: Jailyn Brown, Associate Planner Thurston County Intercity Transit DATE: April 6, 2005 LOTT Alliance Thurston County PUD No. 1 SUBJECT: Rail Planning Update Griffin School District North Thurston Public Schools Olympia School District PURPOSE Confederated Tribes of the Chehalis Reservation Chehalis Indian Tribe Update TPB on the rail discussions impacting the region. (This item was held Nisquaover from March.) Associate Members: BACKGROUND Puget Sound Regional Council Thurston Conservation District Since briefing TPB in June 2004 about rail plan development, staff have Timberland Regional Library interviewed many of the stakeholders in the region to identify their needs and Charter Member Emeritus: interests in regional rail issues. This process continues, as does research and The Evergreen State College development of draft materials for background pieces of the plan. Regional stakeholders have been engaged in discussions of the proposed Roy rail connection between Yelm's Prairie Line and Tacoma Rail. Federal, state Lon D.Wyrick and local interests engaged in this and wider discussions of rail development Executive Director impacting Thurston County, such as proposed rail infrastructure improvements at Fort Lewis and the Port of Olympia. This briefing will update TPB members on recent activities and emerging issues from the rail planning initiative. 2404 Heritage Court SW#B REQUESTED ACTION: Olympia,WA 98502-6031 (360)786-5480 No action requested. This is an informational item. FAX(360)754-4413 www.trpc.org 75:lb Attachments Providing Visionary Leadership on Regional Plans, Policies and Issues �F THF pQ C iof Yelm 4 t 105 Yelm Avenue West P.O. Box 479 YELSHING. Yelm, Washington 98597 (360) 458-3244 February 25, 2005 Lon Wyrick FE R 8 ?005 Executive Director Thurston Regional Planning Council 2404 Heritage Ct. SW#B Olympia, WA 98502 Pe Letter of support— Yelm-Poy Prairie Line & Tacoma Rail Connection Dear Mr. Wyrick: The City of Yelm extends our support of the connection of the Yelm-Roy Prairie Line to the Tacoma Rail Line. Since early 1999, the City's acquisition of the Yelm-Roy Prairie Line from Burlington Northern Santa Fe Railroad has had the support of local, county and state government, chamber of commerce, economic development and port agencies, as well as the development and business communities. A group of stakeholders, including the Cities of Yelm & Roy, the Ports of Olympia & racoma, Tacoma Rail, Burlington Northern and Santa Fe Railway ompany, Washington State Department of Transportation, Fort Lewis, the Maritime Administration and the Military Surface Deployment and Distribution Command, have recently come together to discuss the many benefits of connecting the Yelm-Roy Prairie Line to the Tacoma Rail Line, located a mere 3,000 feet from our line. Benefits to the southern Puget Sound region include: • Economic Vitality– Rapid residential growth in southeast Thurston and Pierce Counties contributes to industrial and commercial development within the urban growth areas of Yelm and Roy. Freight Mobility– Fostering freight rail provides shipping options and eases traffic impacts to freight and automobile travel in this area of increasingly dense traffic. • Safety and Security–The connection provides rail system redundancy in the event of problems along the Mainiine and Point Defiance By-Pass routes. • Commuter Rail – Preserving the Prairie Line– and its strategic connection to neighboring Sound Transit's Lakewood Station –allows for future commuter rail service to burgeoning southeast Thurston and Pierce Counties. In closing, the City is proud to be a member of the Thurston Regional Planning Council. An agency tha ,recognizes the importance of a multimodal transportation system embracing strategic freigh a agement opportunities, as well as possible future commuter rail. Sinc r :11, 17 yor Adam Rivas ity of Yelm The City of Yelm is an Equal Opportunity Provider Of TRt ��TRS► Yelm Area Chamber of Commerce Shop Locally. Support the businesses of Roy, Yelm,McKenna,Rainier and surrounding areas P.O. Box 444 (360) 458-6608 Yelm, WA 98597 Fax (360) 458-6383 www.yelmchamber.com Email: info@yelmchamber.com February 25, 2005 Lon Wyrick Executive Director Thurston Regional Planning Council 2404 Heritage Ct. SW#B Olympia, WA 98502 Re: Letter of support—Yelm-Roy Prairie Line& Tacoma Rail Connection Dear Mr. Wyrick: We would like to extend our support to the connection of the Yelm-Roy Prairie Line to the Tacoma Rail Line. Since early 1999, the City's acquisition of the Yelm-Roy Prairie Line from Burlington Northern Santa Fe Railroad has had the support of local, county and state government, chamber of commerce, economic development and port agencies, as well as the development and business communities. A group of stakeholders, including the Cities of Yelm & Roy, the Ports of Olympia &Tacoma, Tacoma Rail, Burlington Northern and Santa Fe Railway Company, Washington State Department of Transportation, Fort Lewis, the Maritime Administration and the Military Surface Deployment and Distribution Command, have recently come together to discuss the many benefits of this vital connection. Benefits to the southern Puget Sound region include: • Economic Vitality–Rapid residential growth in southeast Thurston and Pierce Counties contributes to industrial and commercial development within the urban growth areas of Yelm and Roy. • Freight Mobility–Fostering freight rail provides shipping options and eases traffic impacts to freight and automobile travel in this area of increasingly dense traffic. • Safety and Security–The connection provides rail system redundancy in the event of problems along the Mainline and Point Defiance By-Pass routes. • Commuter Rail –Preserving the Prairie Line–and its strategic connection to neighboring Sound Transit's Lakewood Station–allows for future commuter rail service to burgeoning southeast Thurston and Pierce Counties. In closing, we would like to thank the Thurston Regional Planning Council for recognizing the strategic freight management opportunities, as well as possible future commuter rail, that exist with the funding of the connection of the Yelm-Roy Prairie Line to the Tacoma Rail. Sincerely �- Ccella Jenkins (/ Executive Director Commissioners 0Port of Olympia Steve Pottle Paul Telford Bob Van Schoorl `r A. G MAR 2005 March 3, 2005 Lon Wyrick Executive Director Thurston Regional Planning Council 2404 Heritage Ct. SW #B Olympia, WA 98502 Re: Letter of Support — Yelm-Roy Prairie Line & Tacoma Rail Connection Dear Mr. Wyrick: On behalf of the Port of Olympia, we would like to extend our support to the connection of the Yelm-Roy Prairie Line to the Tacoma Rail Line. Since early 1999, the City's acquisition of the Yelm-Roy Prairie Line from Burlington Northern Santa Fe Railroad has had the support of local, county and state government, chamber of commerce, economic development and port agencies, as well as the development and business communities. A group of stakeholders, including the Cities of Yelm & Roy, the Ports of Olympia & Tacoma, Tacoma Rail, Burlington Northern and Santa Fe Railway Company, Washington State Department of Transportation, Fort Lewis, the Maritime Administration and the Military Surface Deployment and Distribution Command, have recently come together to discuss the many benefits of this vital connection. Benefits to the southern Puget Sound region include: • Economic Vitality – Rapid residential growth in southeast Thurston and Pierce Counties contributes to industrial and commercial development within the urban growth areas of Yelm and Roy. • Freight Mobility – Fostering freight rail provides shipping options and eases traffic impacts to freight and automobile travel in this area of increasingly dense traffic. • Safety and Security – The connection provides rail system redundancy in the event of problems along the Mainline and Point Defiance By-Pass routes. 915 Washington Street NE,Olympia,WA 98501 Tel (360) 528-8000 Fax(360)528-8090 www.portolympia.com I Executive Director,John Wolfe r Mr. Lon Wyrick Page 2 March 3, 2005 • Commuter Rail - Preserving the Prairie Line - and its strategic connection to neighboring Sound Transit's Lakewood Station - allows for future commuter rail service to burgeoning southeast Thurston and Pierce Counties. In closing, we would like to thank the Thurston Regional Planning Council for recognizing the strategic freight management opportunities, as well as possible future commuter rail, that exist with the funding of the connection of the Yelm- Roy Prairie Line to the Tacoma Rail. Sincerely, �Y, ���,,a�,--C, Bob Van Schoorl, President Port of Olympia Commission = MILES SAND AND GRAVEL COMPANY P.O. BOX 130 AUBURN, WA 98071 CONCRETE • GRAVEL • CRUSHED ROCK SAND Serving Greater Puget Sound Area SALES/OFFICE CONCRETE ORDERS SAND&GRAVEL ORDERS SHELTON OLYMPIA (253)833-3705 (253)922-9116 (253)922-1718 (360)426-3344 (360)491-7777 (253)922-0327 fax(253)833-3746 R February 25, 2005 Lon Wyrick HAA 0 2 2005 Executive Director Thurston Regional Planning Council 2404 Heritage Ct. SW#B Olympia, WA 98502 Re: Letter of support—Yelm-Roy Prairie Line &Tacoma Rail Connection Dear Mr. Wyrick: We would like to extend our support to the connection of the Yelm-Roy Prairie Line to the Tacoma Rail Line. Since early 1999, the City's acquisition of the Yelm-Roy Prairie Line from Burlington Northern Santa Fe Railroad has had the support of local, county and state government, chamber of commerce, economic development and port agencies, as well as the development and business communities. A group of stakeholders, including the Cities of Yelm & Roy, the Ports of Olympia &Tacoma, Tacoma Rail, Burlington Northern and Santa Fe Railway Company, Washington State Department of Transportation, Fort Lewis, the Maritime Administration and the Military Surface Deployment and Distribution Command, have recently come together to discuss the many benefits of this vital connection. Benefits to the southern Puget Sound region include: • Economic Vitality– Rapid residential growth in southeast Thurston and Pierce Counties contributes to industrial and commercial development within the urban growth areas of Yelm and Roy. • Freight Mobility–Fostering freight rail provides shipping options and eases traffic impacts to freight and automobile travel in this area of increasingly dense traffic. • Safety and Security–The connection provides rail system redundancy in the event of problems along the Mainline and Point Defiance By-Pass routes. • Commuter Rail– Preserving the Prairie Line–and its strategic connection to neighboring Sound Transit's Lakewood Station –allows for future commuter rail service to burgeoning southeast Thurston and Pierce Counties. In closing, we would like to thank the Thurston Regional Planning Council for recognizing the strategic freight management opportunities, as well as possible future commuter rail, that exist with the funding of the connection of the Yelm-Roy Prairie Line to the Tacoma Rail. Sincerely: MILE_ S SAND AND QGRAVEL COMPANY _ Je T au V.P./G. Jd f February 25, 2005 Lon Wyrick, Executive Director Thurston Regional Planning Council 2404 Heritage Court, SW, #B Olympia, WA 98502 RE: Letter of Support—Yelm-Roy Prairie Line&Tacoma Rail Connection Dear Mr. Wyrck: Wilcox Farms Inc. would like to extend our support to the connection of the Yelm-Roy Prairie Line to the Tacoma Rail Line. In 1975 we constructed a livestock feed mill in Roy on the BNSF Railroad Line. Through the years we have received an average from 350 to 400, 100-ton grain cars per year at the facility and this grain was milled into poultry feed. In the 1970's through the 1980's the rail service was very good. In the years since it has deteriorated to once a week service which has a negative impact on our ability to supply feed to our and other poultry in the Roy-Yelm area. We know having the ability to receive cars from the two rail lines would be very beneficial for the following reasons: 1. It would improve regular service--more times per week 2. Permit us to source grain from the Union Pacific which at times would have a positive cost impact 3. Be a back up and an alternative source in case of derailments and other problems on lines. Good rail service is very important to the future of Wilcox Farms and Stiebrs Farms-Yelm and their combined 150 employees. If good rail service is not available in the future, the ability to stay in the egg business will be questionable so making the connection of the two lines is VERY IMPROTANT. There are other important reasons for the connection but I have tried to communicate our specific reasons for the connection. In closing, we would like to thank the Thurston Regional Planning Council for recognizing the strategic freight management opportunities, as well as possible future commuter rail, that exist with the funding of the connection of the Yelm-Roy Prairie Line to the Tacoma Rail. Sincerely, Barrie F. Wilcox President WILCOX DAIRY FARMS, L.L.C. 40400 Harts Lake Valley Rd. S., Roy, WA 98580 (360)458-7774 FAX(360)458-6950 South Sound - The Olympian- Olympia, Washington Pagel of 2 SOUNDINGS Train negotiates Olympia streets JOHN DODGE i Anyone who regularly drives through downtown Olympia has surely seen the Tri-City&Olympia Railroad Company at work. Five days a week,the company's Your Logo on Anything. 279,000-pound black and white engine is busy pulling or pushing freight cars on a rpt railroad line that runs from the Port of 17� Olympia marine terminal to Union On Time Avenue. & On-Line! To get from the port to Union Avenue, a Click ZO YiSlf Ow the engine and the eight to 10 freight Q-tine Ca�1og cars attached to it have to pass through I " 13 street intersections. If you're like me,you've probably seen 4 . motorists making mad dashes across those intersections even when the (888) 593.3751 railroad intersection signals are Flashing. The train isn't moving fast--10 mph or so but there's a close call with a motorist just about every day,said Wayne Hamer,the company's Olympia office manager. And even a slow-moving train doesn't stop on a dime. i "Safety is a huge concern,"the likeable Hoquiam native said."The last thing we want to do is hit somebody." i i Some motorists like to play chicken with the train,which debuted in Olympia in 2003 when the company signed a i lease with the port to move cargo--chiefly aluminum arriving by ship from Russia--off the pier and across town to the start of the Union Pacific Railroad spur that runs about seven miles out to East Olympia and the main Burlington i Northern Santa Fe Railway.Tacoma Rail runs the Tri-City&Olympia freight cars out to the main line. More often than not,a motorist who ignores the railroad crossing signals simply ends up stuck at a red light one block away. i In other words,is anything gained by beating the train across the tracks? i I don't think so,especially when you consider how much the drivers and passengers in the cars and trucks have to lose. t i "We tread very carefully and very lightly through downtown Olympia,"said Dave Samples,director of business development for the Richland-based railway.A former law enforcement officer,Samples has witnessed the aftermath of car-train collisions."The car will come out the loser every time,"he said. Company officials said the Jefferson Street-Seventh Avenue intersection is the most dangerous.A black and white railroad crossing sign is all that stands between a vehicle and an oncoming train.They've urged the city to put a stop sign in on Seventh Avenue before somebody plows into a train. i A decision on whether to install a stop sign there is about two weeks away,said Randy Wesselman,the city's transportation,engineering and planning supervisor. It's not a heavily traveled stretch of street,but a stop sign makes sense. Otherissues South Sound - The Olympian - Olympia, Washington Page 2 of 2 ' I asked the folks at Tri-City&Olympia Railroad whether they have an interest in moving people--not just cargo around South Sound. "The answer is an emphatic'yes,'"Samples said."We see a great deal of potential for passenger rail." i The first piece in the puzzle probably would be acquisition of the Union Pacific line to East Olympia. ! That could provide a route for a dinner train or even a way to link with Sound Transit to the north,Samples and Harner said. Thurston Regional Planning Council plans to start exploring soon what kind of commuter rail service,if any,would work in South Sound,associate planner Jailyn Brown said. It's been a question on the minds of transportation planners for a long time. ! i With Tri-City&Olympia Railroad officials suggesting they're willing to move people as well as freight,now is a good time to start getting some answers to the passenger rail question. John Dodge is a senior reporter and Sunday columnist for The Olympian.He can be reached at 360-754-5444. THF p�� a� 9� C 0 iof Yelm a � 105 Yelm Avenue West YELM P.O. Box 479 WAS Yelm, Washington 98597 (360) 458-3244 February 25, 2005 Lon Wyrick Executive Director Thurston Regional Planning Council 2404 Heritage Ct. SW#B Olympia, WA 98502 Re: Letter of support—Yelm-Roy Prairie Line &Tacoma Rail Connection Dear Mr. Wyrick: The City of Yelm extends our support of the connection of the Yelm-Roy Prairie Line to the Tacoma Rail Line. Since early 1999, the City's acquisition of the Yelm-Roy Prairie Line from Burlington Northern Santa Fe Railroad has had the support of local, county and state government, chamber of commerce, economic development and port agencies, as well as the development and business communities. A group of stakeholders, including the Cities of Yelm & Roy, the Ports of Olympia &Tacoma, Tacoma Rail, Burlington Northern and Santa Fe Railway Company, Washington State Department of Transportation, Fort Lewis, the Maritime Administration and the Military Surface Deployment and Distribution Command, have recently come together to discuss the many benefits of connecting the Yelm-Roy Prairie Line to the Tacoma Rail Line, located a mere 3,000 feet from our line. Benefits to the southern Puget Sound region include: • Economic Vitality–Rapid residential growth in southeast Thurston and Pierce Counties contributes to industrial and commercial development within the urban growth areas of Yelm and Roy. • Freight Mobility–Fostering freight rail provides shipping options and eases traffic impacts to freight and automobile travel in this area of increasingly dense traffic. • Safety and Security–The connection provides rail system redundancy in the event of problems along the Mainline and Point Defiance By-Pass routes. • Commuter Rail – Preserving the Prairie Line–and its strategic connection to neighboring Sound Transit's Lakewood Station–allows for future commuter rail service to burgeoning southeast Thurston and Pierce Counties. In closing, the City is proud to be a member of the Thurston Regional Planning Council. An agency thaf recognizes the importance of a multimodal transportation system embracing strategic freigh a agement opportunities, as well as possible future commuter rail. Sinckr ly: yor Adam Rivas ity of Yelm The City of Yelm is an Equal Opportunity Provider --- SAND AND GRAVEL COMPANY P.C. BOX 130 AUBURN, WA 98071 CONCRETE - GRAVEL - CRUSHED ROCK - SAND Serving Greater Puget Sound Area SALES-'OFFICE CONCRETEORDERS, SAND&GRAVEL ORDERS SHELTON OLYOAPIA (253)B33-3705 (253)922-9116 (253)922-1718 {360}426.3344 (360)491-7777 (253)922-0327 tax 5233)833-3746 February 25, 2005 Lon Wyrick Executive Director Thurston Regional Planning Council 2444 Heritage Ct. SW#13 Olympia,WA 98502 Re: Letter of support—Yelm-Ray Prairie Line&Tacoma flail Connection Dear Mr.WyricIc We would like to extend our support to the connection of the Yelm-Roy Prairie Line to the Tacoma Rail line. Since early 1999, the City's acquisition of the Yelm-Roy Prairie Line from Burlington Northern Santa Fe Railroad has had the support of local, county and state government, chamber of commerce, economic development and port agencies,as well as the development and business communities. A group of stakeholders, including the Cities of Yetsn & Roy, the Ports of Olympia & Tacoma, Tacoma Rail, Burlington Northem and Santa Fe Railway Company,Washington State Department of Transportation, Fort Lewis, the Maritime Administration and the Military Surface Deployment and Distribution Command, have recently come together to discuss the many benefits of this vital connection. Benefits to the southern Puget Sound region include: • Economic VKality- Rapid residential growth in southeast Thurston and Pierce Counties contributes to industrial and commercial development within the urban growth areas of Yelm and Roy. Freight Mobility-Fostering freight rail provides shipping options and eases traffic impacts to freight and automobile travel in this area of increasingly dense traffic. • Safety and Security-The connection provides rail system redundancy in the event of problems along the Mainline and Point Defiance By-Pass routes. Commuter Rail- Preserving the Prairie Line-and its strategic connection to neighboring Sound Transit's Lakewood Station- allows for future commuter rail service to burgeoning southeast Thurston and Pierce Counties. In dosing,we would like to thank the Thurston Regional Planning Council for recognizing the strategic freight management opportunities, as well as possible future commuter rail,that exist with the funding of the connection of the Yelm-Roy Prairie Line to the Tacoma Rail. Sincerely: MILES SAND AND GRAVEL COMPANY Je Tau V.P./G.W. co� 2 8 2005 February 25, 2005 Lon Wyrick, Executive Director Thurston Regional Planning Council 2404 Heritage Court, SW, #B Olympia, WA 98502 RE: Letter of Support—Yelm-Roy Prairie Line &Tacoma Rail Connection Dear Mr. Wyrick: Wilcox Farms Inc. would like to extend our support to the connection of the Yelm-Roy Prairie Line to the Tacoma Rail Line. In 1975 we constructed a livestock feed mill in Roy on the BNSF Railroad Line. Through the years we have received an average from 350 to 400, 100-ton grain cars per year at the facility and this grain was milled into poultry feed. In the 1970's through the 1980's the rail service was very good. In the years since it has deteriorated to once a week service which has a negative impact on our ability to supply feed to our and other poultry in the Roy-Yelm area. We know having the ability to receive cars from the two rail lines would be very beneficial for the following reasons: 1. It would improve regular service--more times per week 2. Permit us to source grain from the Union Pacific which at times would have a positive cost impact 3. Be a back up and an alternative source in case of derailments and other problems on lines. Good rail service is very important to the future of Wilcox Farms and Stiebrs Farms-Yelm and their combined 150 employees. If good rail service is not available in the future, the ability to stay in the egg business will be questionable so making the connection of the two lines is VERY IMPROTANT. There are other important reasons for the connection but I have tried to communicate our specific reasons for the connection. In closing, we would like to thank the Thurston Regional Planning Council for recognizing the strategic freight management opportunities, as well as possible future commuter rail, that exist with the funding of the connection of the Yelm-Roy Prairie Line to the Tacoma Rail. Sincerely, Barrie F. Wilcox President WILCOX DAIRY FARMS,L.L.C. 40400 Harts Lake Valley Rd. S., Roy, WA 98580 (360)458-7774 FAX(360)458-6950 ���-; - � 5t .. �_ ,. } _ ,` - }1%h .. k, ..., Y-' .. .. � ;� ,k .. i y,8'. . '{ - t:. tom; _.. � � .. ,. .. Message Page 1 of 2 Shelly Badger From: Shelly Badger Sent: Thursday, February 24, 2005 11:12 AM To: 'Adam Rivas'; Ron Harding; Bob Isom Subject: FW: Statement of purpose for Roy rail connection After our discussion last nite between Council meetings, I received this revised statement of purpose from TRPC. Jailyn will be giving an update to both the TPB and TRPC on the stakeholder meetings that have occurred over the last 2 months on the connection of the Yelm/Roy Prairie Line to Tacoma Rail. Support letters have been requested of the Yelm Chamber, Miles and Wilcox for Lon to take back to WA DC next week when he meets with our federal contingent. The rail connection project is one that he will be talking about. In addition to talking with our federal contingent, letters of support have been requested of the stakeholders for the City's 2003 application for funding to the State Rail office for the connection. That request was for 1.2 million dollars in state funding. It has been forwarded on to the Legislature in a package totaling 15 M in requests. There is only 2.7 M available. I am currently working on discovering which committee will be making that decision and then we can make an effort there. I am also attaching the letter that the City will send with Lon. If you have any questions, please feel free to call me. Shelly Shelly Badger Yelm City Administrator shellyb@ci.yelm.wa.us P.O. Box 479 Yelm, WA 98597 360-458-8405 -----Original Message----- From: Michelle Miller [mailto:millerm@trpc.org] Sent: Wednesday, February 23, 2005 3:57 PM To: Way neHarner@TCRY.com; Adam Rivas (external); padgetta@sddc.army.mil; Shelly Badger; ivanovb@wsdot.wa.gov; bill.mcdowelll@lewis.army.mil; Daniel.Burns@bnsf.com; beald@soundtransit.org; Ddean@cityoftacoma.org; chippse@soundtransit.org; jima@portolympia.com; joe.furtney@cityoftacoma.org; willgrpjsw@aol.com; ksmith@portoftacoma.com; jefferk@wsdot.wa.gov; Lyn.mcclelland@marad.dot.gov; sawersm@sddc.army.mil; Patricia.otley@bnsf.com; phenry@cityoftacoma.org; PBeaulieu@psrc.org; fantozzip@sddc.army.mil; randolphpeterson@tcry.com; allredr@wsdot.wa.gov; roymayor@ywave.com; rcollins@portoftacoma.com; BobCooley@TCRY.com; RonaId.Jackson@bnsf.com; sherim@prairiepark.com; andest@wsdot.wa.gov; steven.p.sch Subject: Statement of purpose for Roy rail connection Hello all -- Attached is a revised statement of purpose for the Roy rail connection as discussed at the meeting last week. We requested letters of interest or support from your organizations for TRPC's Executive Director Lon Wyrick to take with him when he travels to Washington D.C. in early March to visit our legislative delegation. Please address your letter to Lon. We will need to have it in hand by early next week (March 2 or sooner). Several state and federal agencies may not be able to wade in with letters of support, but if you would like to outline your interest in the rail connection in Roy, we could include that as information from our stakeholders. Thanks to all of you for your participation in moving this project forward. If you need additional information or assistance, please call or email either Karen Parkhurst or me. --Jailyn 2/24/2005 Mes age Page 2 of 2 Jailyn Brown, Associate Planner Thurston Regional Planning Council 2404 Heritage Court SW #B Olympia, WA 98502 (360) 786-5480 brownj@trpc.org This email and any attachments are for the use of the addressed individual. If you have received this email in error,please notify our systems manager. TRPC has taken responsible precautions to ensure no viruses are present in this email,however we do not accept responsibility for loss or damage arising from the use of this email or attachments. 2/24/2005 Message Page 1 of 1 � r Shelly Badger From: Michelle Miller[millerm@trpc.org] Sent: Wednesday, February 23, 2005 3:57 PM To: WayneHarner@TCRY.com; Adam Rivas (external); padgetta@sddc.army.mil; Shelly Badger; ivanovb@wsdot.wa.gov; bill.mcdowel11@lewis.army.mi1; Daniel.Burns@bnsf.com; beald@soundtransit.org; Ddean@cityoftacoma.org; chippse@soundtransit.org; jima@portolympia.com; joe.furtney@cityoftacoma.org; willgrpjsw@aol.com; ksmith@portoftacoma.com; jefferk@wsdot.wa.gov; Lyn.mcclelland@marad.dot.gov; sawersm@sddc.army.mil; Patricia.otley@bnsf.com; phenry@cityoftacoma.org; PBeaulieu@psrc.org; fantozzip@sddc.army.mil; randolphpeterson@tcry.com; allredr@wsdot.wa.gov; roymayor@ywave.com; rcollins@portoftacoma.com; BobCooley@TCRY.com; Ronald.Jackson@bnsf.com; sherim@prairiepark.com; andest@wsdot.wa.gov; steven.p.sch Subject: Statement of purpose for Roy rail connection Hello all -- Attached is a revised statement of purpose for the Roy rail connection as discussed at the meeting last week. We requested letters of interest or support from your organizations for TRPC's Executive Director Lon Wyrick to take with him when he travels to Washington D.C. in early March to visit our legislative delegation. Please address your letter to Lon. We will need to have it in hand by early next week (March 2 or sooner). Several state and federal agencies may not be able to wade in with letters of support, but if you would like to outline your interest in the rail connection in Roy, we could include that as information from our stakeholders. Thanks to all of you for your participation in moving this project forward. If you need additional information or assistance, please call or email either Karen Parkhurst or me. -- Jailyn Jailyn Brown, Associate Planner Thurston Regional Planning Council 2404 Heritage Court SW #B Olympia, WA 98502 (360) 786-5480 brownj@trpc.org This email and any attachments are for the use of the addressed individual. If you have received this email in error,please notify our systems manager. TRPC has taken responsible precautions to ensure no viruses are present in this email,however we do not accept responsibility for loss or damage arising from the use of this email or attachments. 2/24/2005 n � Yelm Prairie Line/Tacoma Rail Connection at Roy The City of Yelm needs common carrier rail service to enhance the value of its 1999 investment in the Yelm-to-Roy Prairie Line. Making the connection between the Prairie Line and nearby Tacoma Rail benefits southern Puget Sound: • Economic Vitality—Rapid residential growth in southeast Thurston and Pierce Counties contributes to industrial and commercial development opportunities within the urban growth areas of Yelm and Roy. • Freight Mobility—Fostering freight rail provides shipping options and eases traffic impacts to freight and automobile travel in this area of increasingly dense traffic. • Safety & Security—The connection provides rail system redundancy in the event of problems along the Mainline and Point Defiance By-Pass routes. • Commuter Rail —Preserving the Prairie Line—and its strategic connection to neighboring Sound Transit's Lakewood Station—allows for future commuter rail service to burgeoning southeast Thurston and Pierce Counties. Request: Fund the $1.5 million connection. Local public and private pledges total $200,000. Stakeholders: The Cities of Yelm& Roy, the Ports of Olympia& Tacoma, Tacoma Rail, Burlington Northern and Santa Fe Railway Company, Washington State Department of Transportation, Fort Lewis, the Maritime Administration, and the Military Surface Deployment and Distribution Command. Message Page 1 of 1 Shelly Badger From: Shelly Badger Sent: Thursday, February 24, 2005 9:34 AM To: 'johnw@portolympia.com' Subject: FW: Request for letters of support John, here is a sample letter of support that I forwarded onto our Chamber, Miles Sand & Gravel and Wilcox Farms specific to Lon's upcoming visit to DC. We had talked about the Port writing a letter to Mayor Adam Rivas that could be used in a variety of situations, I think that works great for us. That way we can include it in the TRPC packet, state packets, as well as any conversations with our federal delegation. Thanks, Shelly Shelly Badger Yelm City Administrator shellyb@ci.yelm.wa.us P.O. Box 479 Yelm, WA 98597 360-458-8405 -----Original Message----- From: Shelly Badger Sent: Thursday, February 24, 2005 9:31 AM To: Cecelia Jenkins; Jerry Trudeau; Barrie Wilcox Cc: 'Jailyn Brown' Subject: Request for letters of support Hi, Lon Wyrick, Executive Director, Thurston Regional Planning Council, will be traveling to WA DC next week to visit with our federal congressional delegation. He will be taking key transportation project overviews with him and one of them (is the connnection of the Yelm-Roy Prairie Line to the Tacoma Rail line project. It would be helpful if he had some additional letters of support to include in the packet of information. I have drafted a sample letter of support (attached) if you decide to write a letter. Of course, personalizing it with your particulars always helps. Especially for Jerry and Barrie, as current and future rail users. Give me a call or e-mail if you have any questions. Please send your letter directly to Lon, with a copy to me. Lon needs them in hand no later than March 2nd. Thanks! Shelly Shelly Badger Yelm City Administrator shellyb@ci.yelm.wa.us P.O. Box 479 Yelm, WA 98597 360-458-8405 2/24/2005 Mes,�age Page 1 of 1 Shelly Badger From: Shelly Badger Sent: Thursday, February 24, 2005 9:31 AM To: Cecelia Jenkins; Jerry Trudeau; Barrie Wilcox Cc: 'Jailyn Brown' Subject: Request for letters of support Hi, Lon Wyrick, Executive Director, Thurston Regional Planning Council, will be traveling to WA DC next week to visit with our federal congressional delegation. He will be taking key transportation project overviews with him and one of them (is the connnection of the Yelm-Roy Prairie Line to the Tacoma Rail line project. It would be helpful if he had some additional letters of support to include in the packet of information. I have drafted a sample letter of support (attached) if you decide to write a letter. Of course, personalizing it with your particulars always helps. Especially for Jerry and Barrie, as current and future rail users. Give me a call or e-mail if you have any questions. Please send your letter directly to Lon, with a copy to me. Lon needs them in hand no later than March 2nd. Thanks! Shelly Shelly Badger Yelm City Administrator shellyb@ci.yelm.wa.us P.O. Box 479 Yelm, WA 98597 360-458-8405 2/24/2005 February 25, 2005 Lon Wyrick Executive Director Thurston Regional Planning Council 2404 Heritage Ct. SW#B Olympia, WA 98502 Re: Letter of support—Yelm-Roy Prairie Line &Tacoma Rail Connection Dear Mr. Wyrick: We would like to extend our support to the connection of the Yelm-Roy Prairie Line to the Tacoma Rail Line. Since early 1999, the City's acquisition of the Yelm-Roy Prairie Line from Burlington Northern Santa Fe Railroad has had the support of local, county and state government, chamber of commerce, economic development and port agencies, as well as the development and business communities. A group of stakeholders, including the Cities of Yelm & Roy, the Ports of Olympia &Tacoma, Tacoma Rail, Burlington Northern and Santa Fe Railway Company, Washington State Department of Transportation, Fort Lewis, the Maritime Administration and the Military Surface Deployment and Distribution Command, have recently come together to discuss the many benefits of this vital connection. Benefits to the southern Puget Sound region include: • Economic Vitality–Rapid residential growth in southeast Thurston and Pierce Counties contributes to industrial and commercial development within the urban growth areas of Yelm and Roy. • Freight Mobility– Fostering freight rail provides shipping options and eases traffic impacts to freight and automobile travel in this area of increasingly dense traffic. • Safety and Security–The connection provides rail system redundancy in the event of problems along the Mainline and Point Defiance By-Pass routes. • Commuter Rail – Preserving the Prairie Line–and its strategic connection to neighboring Sound Transit's Lakewood Station –allows for future commuter rail service to burgeoning southeast Thurston and Pierce Counties. In closing, we would like to thank the Thurston Regional Planning Council for recognizing the strategic freight management opportunities, as well as possible future commuter rail, that exist with the funding of the connection of the Yelm-Roy Prairie Line to the Tacoma Rail. Sincerely: 'Message Page 1 of 2 Shelly Badger ......-.......-..........................................................................................-.................................................................................................................................................. From: Michelle Miller[millerm@trpc.org] Sent: Thursday, January 27, 2005 3:48 PM To: WayneHarner@TCRY.com; Adam Rivas (external); padgetta@sddc.army.mil; Shelly Badger; ivanovb@wsdot.wa.gov; bill.mcdowell1@lewis.army.mil; Daniel.Burns@bnsf.com; beald@soundtransit.org; Ddean@cityoftacoma.org; chippse@soundtransit.org; jima@portolympia.com;joe.furtney@cityoftacoma.org; willgrpjsw@aol.com; ksmith@portoftacoma.com;jefferk@wsdot.wa.gov; Lyn.mccieliand@marad.dot.gov; sawersm@sddc.army.mil; Patricia.otley@bnsf.com; phenry@cityoftacoma.org; PBeaulieu@psrc.org; fantozzip@sddc.army.mil; randolphpeterson@tcry.com; allredr@wsdot.wa.gov; roymayor@ywave.com; rcollins@portoftacoma.com; BobCooley@TCRY.com; Ronald.Jackson@bnsf.com; andest@wsdot.wa.gov; steven.p.schneider@us.army.mil; thom Cc: jbecket@portoftacoma.com; mzachary@portoftacoma.com; Jailyn Brown Subject: Subject: Yelm/Tacoma rail line connection at Roy Hello all -- In response to inquiries posed at the last meeting, I am passing on information about potential funding for the Yelm Prairie Line/Tacoma Rail connection. Recently, the Department of Transportation's (DOT) Rail Office developed a package of projects for consideration by the State Legislature for freight rail assistance. The DOT evaluated submissions from a state cost/benefit perspective and forwarded those projects showing a positive net benefit. This included $15 million of candidate projects. Unfortunately, the budget only provides for$2.7 million in support. Included in the list of forwarded projects was the Yelm Prairie Line/Tacoma Rail proposed connection at Roy. This request totals $1.2 million in state funds, with approximately another$200,000 in assistance from local government and business. Yelm's request represents a sizable portion of the state's available funding. TRPC is not a lobbying agency, but we do provide information to our state and federal representatives on issues, policies and projects the Regional Council has identified as significant to our general membership. Below is the language we have included in our legislative information packet regarding the Roy rail connection. TRPC Legislative Packet-Watch List— Rail: TRPC is currently updating the Thurston Regional Rail Plan, studying corridor preservation, passenger and freight rail, and improved safety. One project with widespread appeal to many interests, connects the Yelm Prairie Line and Tacoma Rail Mountain Line in Roy. A coalition including the cities of Yelm and Roy, the Ports of Olympia and Tacoma, Tacoma Rail, Burlington Northern and Santa Fe Railway Company, Washington State Department of Transportation, Fort Lewis, the federal Maritime Administration, and the Military Surface Deployment and Distribution Command will seek funding for the connection. This work supports economic development in Southeast Thurston and Pierce Counties and provides critical strategic freight management support to Fort Lewis. Several members indicated interest in contacting legislators concerning this proposal. Contact information for specific legislators and copies of legislation can be obtained by accessing www.lea.wa.-gov_ or calling the Legislative Hotline at 1-800-562-6000. The email address for a legislator is: The last 8 letters of the last name Underscore The first 2 letters of the first name @leg.wa.gov Example: John Harrington—harringt io(c�lea.wa.aov Mailing addresses: Senators P.O. Box 40482, Olympia 98504-0482 1/27/2005 ti 'Message Page 2 of 2 Representatives P.O. Box 40600, Olympia 98504-0600 Senate Transportation Committee Membership: Sen. Haugen, Chair; Jacobsen, Vice Chair; Poulsen, Vice Chair; Swecker, Ranking Minority Member; Benson; Eide; Esser; Kastama; Mulliken; Oke; Spanel; Weinstein House Transportation Committee Membership: Rep. Murray, Chair; Wallace, Vice Chair; Woods, Ranking Minority Member; Appleton; Buck; Campbell; Curtis; Dickerson; Ericksen; Flannigan; Hankins; Hudgins; Jarrett; Kilmer; Lovick; Morris; Nixon; Rodne; Schindler; Sells; Shabro; Simpson; Skinner; Sullivan, B.; Takko; Upthegrove; Wood At our next meeting we will continue to strategize other federal, state and local funding opportunities for this project. Thanks for your interest and support. -- Jailyn Brown and Karen Parkhurst Joilyn Brown, Associate Planner Thurston Regional Planning Council 2404 Heritage Court SW #B Olympia, WA 98502 (360) 786-5480 brown,.i@trpcc.orrg ................................................................................... This e-mail and any attachments are for the use of the addressed individual. If you have received this email in error,please notify our systems manager. TRPC has taken responsible precautions to ensure no viruses are present in this email,however we do not accept responsibility for loss or damage arising from the use of this e-mail or attachments. ..............................................................1..................... 1/27/2005 Yelm Prairie Line/Tacoma Rail Connection at Roy The City of Yelm needs common carrier rail service to enhance the value of its 1999 investment in the Yelm-to-Roy Prairie Line. Making the connection between the Prairie Line and nearby Tacoma Rail benefits southern Puget Sound: • Economic Vitality—Rapid residential growth in southeast Thurston and Pierce Counties contributes to industrial and commercial development opportunities within the urban growth areas of Yelm and Roy. • Freight Mobility—Fostering freight rail provides shipping options and eases traffic impacts to freight and automobile travel in this area of increasingly dense traffic. • Safety & Security—The connection provides rail system redundancy in the event of problems along the Mainline and Point Defiance By-Pass routes. • Commuter Rail—Preserving the Prairie Line—and its strategic connection to neighboring Sound Transit's Lakewood Station—allows for future commuter rail service to burgeoning southeast Thurston and Pierce Counties. Request: Fund the $1.5 million connection. Local public and private pledges total $200,000. Stakeholders: The Cities of Yelm & Roy,the Ports of Olympia& Tacoma, Tacoma Rail, Burlington Northern and Santa Fe Railway Company, Washington State Department of Transportation, Fort Lewis, the Maritime Administration, and the Military Surface Deployment and Distribution Command. 4. Project Costs Worksheet: DESCRIPTION QUANTITY UNITS UNIT COST TOTAL COST Construct Track Subgrade 3,000 TF $' 25.00 $ 75,000.00 Construct Track 3,000 TF $ 120.00 $ 360,000.00 Construct Turnouts 2 EA $ 50,000.00 $ 100,000.00 Construct Grade Crossing 80 TF $ 750.00 $ 60,000.00 Install Crossing Signals & 1 SET $ 125,000.00 $ 125,000.00 Gates Fencing and Gates 1 LS $ 30,000.00 $ 30,000.00 Construct Box Culvert 1 LS $ 100,000.00 $ 100,000.00 SUBTOTAL $ 850,000.00 Contingency 25.0 % $ 212,500.00 Design & Constr. Admin. 12.0 % $ 127,500.00 WSST 8.4 % $ 89,250.00 Right-of-Way Expense 50,000.0 SF $ 3.00 $ 150,000.00 TOTAL $ 1,429,250.00 The project will have substantial local funding and in-kind contributions. The support will come from several local sources including both private and public entities. The support is similar in nature to the cooperative effort and financial support garnered by the City of Yelm, City of Roy, local businesses, and economic development agencies for the initial purchase of the YRPL from the BNSF several years ago. A breakdown of the estimated funding sources is as follows: Local Funding $ 50,000.00 Miles Sand & Gravel (in-kind contributions) Right-of-way $ 150,000.00 Track Ballast $ 10,000.00 WSDOT Freight Rail Assistance $ 1,219,250.00 Total Project Cost $ 1,429,250.00 WSDOT Freight Rail Application Submitted by: City of Yelm, 4/30/03 3. Project Timetable: The project is currently scheduled as follows dependent upon funding: August 4, 2003 Begin Permitting and Design March 31, 2004 Complete Permitting and Design April 2, 2004 Advertise for Bids April 30, 2004 Bid Date June 1, 2004 Issue Construction Notice to Proceed November 5, 2004 Complete Construction WSDOT Freight Rail Application Submitted by: City of Yelm, 4/30/03 Business - The Olympian - Olympia, Washington Page 1 of 3 Make TheOlympian.com my_home page Olympia,Washington Mondi SMTWTFS 7 day Ar News For The Record I Sorts Opinion I Living Entertainment I Outdoors Photos S Forums Shop You aouW win a' (S) SAFEWAYANNINE V50 a s • 1;rocery the W Sunday, February 27, 2005 04E-Mall iDiscuss '`Subscribe ##{ Rail cargo business chugs along at port It � •��_ Number of cars on the rise since 2002; expansion planned -, - JIM SZYMANSKI Army vehicles are loaded on rail car at the Port of Olympia.Increasing tl THE OLYMPIAN rail capacity to handle additional military and private shipping needs a major focus for port OLYMPIA--Train cars have become far more frequent at the Port of Olympia. officials.Olympian file photo Because of that, port officials will install new rails at the port Rail cars using the Port of this year and plan longer-range Olympia expansion that could help the port increase its cargo volume. 2002: 168 There has been a fivefold 2003: 631 increase in the number of rail 2004: 876 dreaming cars that have passed through the port since 2002, said Jim Amador,the marine terminal Source:Port ofO/ympia r. director. In 2002, 168 cars came through the port. It increased to 631 in Join the Reader Network 2003 and 876 last year,Amador said. Do you want The Olympian tc keep you in mind when we The return of Army shipments related to the Iraq War accounted for about 17 percent of rail canvass the community for volume,Amador said.The Army moves tanks and other tracked vehicles by rail from ships to opinions? military installations. Click here and sign up with of Reader Network to offer-your "The increase in rail car use is mostly due to general cargo,"Amador said.The bulk of the view. nonmilitary use of rail is in the port's handling of aluminum deliveries, he said. Get the latest news delivered As business has increased,customers have been asking for more rail capacity, Amador said. to your inbox. Click here to_qE e-mail alerts from theolympian.com. In response,the port is spending $1.4 million this year to add a rail line on its docks closer to where ships berth. http://www.theolympian.com/home/news/20050227/business/96117.shtml 2/28/2005 tsusiness - 1 he ulympian - ulympia, Washington Page 3 of 3 during the meeting with Murray. "The bottom line here is jobs and economic development," he said. Expanded rail capacity gives the port a chance to grow, added Commissioner Bob Van Schoorl. "Our contacts in the market tell us there is a need for this," Van Schoorl said. "It's another tool in our tool kit to make things better at the port." Murray warned port officials that federal funds for rail expansion would be hard to come by this year. A decision on the port's request is expected from Congress by fall. Meanwhile, the port's marine terminal business is growing. One way to measure the increase is through the number of hours dockworkers logged last yea r. Until 2003,the busiest recent year for dockworkers at the port was 1997. That was the last year a regular, scheduled port shipper-- Sunmar -- was visiting Olympia. In that year, dockworkers logged 54,660 hours at the port. Since Sunmar left the port in 1998, ships that visit have not done so on a predetermined schedule, but rather as the market demands. After Sunmar left,the number of longshore hours paid by the port dropped until last year, when dockworkers logged 63,223 hours. Rail cars using the Port of Olympia 2002: 168 2003: 631 2004: 876 Source:Port of Olympia SITE MAP:TheOlympian.com home I topstories I sou sound I obis. marts opinion business I living I entertainments ec government) outdoors I environment IDhotogallery I forums I classified I ')obs I autos I real estate -this page requires Java: CUSTOMER SERVICE: subscriber services I contact The Olympian I place an ad I Newspapers in Education I newsroom ethi GannettI jobs at The Olympian PARTNERS: USA Tod av I Gannett Co. Inc. I Gannett Foundation I other Gannett newspapers http://ww-w.theolympian.com/home/news/20050227/business/96117.shtml 2/28/2005 a -� 1 ,.. �,. _ .... 2 ,�..,, t ti,y+i'n , wait, sS `1.::4 , 1 v, .^... f `i^.t� 3�1'�'w F2 6E �.. .. - ��� ..., .. ._. . t �� t :e�: t•; .. - - :3(7� r ..7 arc+}if.:.7 1:{{'�. �'�t�jy�'y%�•1 � - 0%. &M`.l f f1"',.{�ty . Orson, AGENDA Yelm Prairie Line/Tacoma Rail Connection at Roy 10:00 a.m. to 11:30 a.m. i� Wednesday, February 16, 2005 Thurston Regional Planning Council 2404 Heritage Court SW Room A/B (2d Floor) \ Olympia, WA 98502 (360) 786-5480 L 1. Status Update 2. Project Cost Overview 3. Issues & Opportunities 4. Joint Statement of Support 5. Support Activities 6. Next Steps -�I;tL �cr a i���1� � �JwS � ; v�a u VL'� �If VV')2 IBJ L� Message Page 1 of 2 Shelly Badger ............................................................................................................................................................................................................................................................. From: Jailyn Brown [brownj@trpc.org] Sent: Thursday, January 27, 2005 2:24 PM To: Shelly Badger Subject: RE: draft email-support for Roy connection Shelly-- Karen tweaked the email a little more-- concerns about lobbying versus providing information. It still has the same gist. Michelle has it and will send it out to the group. Let's cross our fingers! -- Jailyn -----Original Message----- From: Shelly Badger [mailto:shellyb@ci.yelm.wa.us] Sent: Thursday, January 27, 2005 9:25 AM To: Jailyn Brown Cc: Karen Parkhurst Subject: RE: draft email - support for Roy connection Jailyn, the e-mail looks great! I think it helps coming from TRPC to the group versus from Yelm, adds the regional perspective that is beneficial to all the parties. Thanks again for your assistance, it is truly making a difference. Shelly Shelly Badger Yelm City Administrator shellyb ci. el_m.wa.us P.O. Box 479 Yelm, WA 98597 360-458-8405 -----Original Message----- From: Jailyn Brown [mailto:brownj@trpc.org] Sent: Wednesday, January 26, 2005 4:04 PM To: Shelly Badger Cc: Karen Parkhurst Subject: draft email - support for Roy connection Shelly -- I just had a chance to talk with Karen. Here's the email we'd like to send to the group that met in December. Links to the legislative committees are yet to be added (our internet service is down right now, so we can't get them). Please have a look and let me know what you think. If you have time this week that would be great. I think we should get this out soon, as I'm not sure when the legislature will take action and I hope to give folks enough advance notice they can contact their representatives if they like. Thanks-- Jailyn Subject: Call for support--Yelm/Tacoma rail line connection at Roy Hello all -- Recently, the Department of Transportation's (DOT) Rail Office forwarded a package of projects for consideration by the State Legislature for freight rail assistance. The DOT evaluated submissions from a state cost/benefit perspective and forwarded those projects showing a positive net benefit. This included $15 million of candidate projects. Unfortunately, the budget only provides for$2.7 million in support. Included in the list of forwarded projects was the Yelm Prairie Line/Tacoma Rail proposed connection at Roy. This request totals$1.2 million in state funds, with approximately another$200,000 in assistance from local government and business. Yelm's request represents a sizable portion of the state's available funding. It would be helpful to let our state legislators know about the broad support this project has, as indicated by your interest at 1/27/2005 EMMMMM Vssage Page 2 of 2 our last meeting. TRPC is not a lobbying agency, but we do provide information to our state and federal representatives on issues, policies and projects the Regional Council has identified as significant to our general membership. Below is the language we have included in our legislative information packet regarding the Roy rail connection. Also included are links to the applicable legislative committees. If you find it appropriate, you may contact your state representatives to alert them to your interest and support for the Yelm Prairie Line/Tacoma Rail connection at Roy. At our next meeting we will continue to strategize other federal, state and local funding opportunities for this project. Thanks for your interest and support. --Jailyn Brown and Karen Parkhurst TR PC_Legislative Packet-Watch List- Rail TRPC is currently updating the Thurston Regional Rail Plan, studying corridor preservation, passenger and freight rail, and improved safety. One project, with widespread appeal to many interests, connects the Yelm Prairie Line and Tacoma Rail Mountain Line in Roy. A coalition including the cities of Yelm and Roy, the Ports of Olympia and Tacoma, Tacoma Rail, Burlington Northern and Santa Fe Railway Company, Washington State Department of Transportation, Fort Lewis, the federal Maritime Administration, and the Military Surface Deployment and Distribution Command will seek funding for the connection. This work supports economic development in Southeast Thurston and Pierce Counties and provides critical strategic freight management support to Fort Lewis. Legislative Committee Links (to be completed) Jailyn Brown, Associate Planner Thurston Regional Planning Council 2404 Heritage Court SW #B Olympia, WA 98502 (360) 786-5480 brownj@trpc.org .................................................................................... This e-mail and any attachments are for the use of the addressed individual. If you have received this email in error,please notify our systems manager. TRPC has taken responsible precautions to ensure no viruses are present in this email,however we do not accept responsibility for loss or damage arising from the use of this e-mail or attachments. .................................«..............,.....................,........... 1/27/2005 Mewge Page 1 of 3 Shelly Badger ...................................................--....................................................................................................................................................................................................... From: Shelly Badger Sent: Tuesday, January 25, 2005 9:34 AM To: 'Jailyn Brown' Subject: RE: Short update Jailyn, see below in red....Shelly Shelly Badger Yelm City Administrator shellyb(c ci.yelm.wa.us P.O. Box 479 Yelm, WA 98597 360-458-8405 -----Original Message----- From: Jailyn Brown [mailto:brownj@trpc.org] Sent: Thursday, January 06, 2005 3:08 PM To: Shelly Badger Subject: FW: 1/7 Roundtable Shelly-- Interesting meeting yesterday. Joe was great in representing the Yelm and Roy interests. He seemed pleased with the forward momentum. There were many questions raised and the group agreed to meet again after the parties had a chance to check into the LTC's proposal. The BNSF reps at the meeting said they weren't aware of any plans to abandon Roy to MoBase, but were asked to check with Jerry Johnson on this point. The email I attached below is a summary of what I hope to present(or have presented)at PSRC's freight mobility roundtable tomorrow. I've tried to summarize what's been going on and where we're trying to go. Here's some ideas for our February meeting agenda-- Cost Estimate, Key Issues&Opportunities (like the Roy Gopher issue), Vision Statement everyone could all share in common, assess interest in local funding commitments, next steps with legislators. I was wondering if you could work with Dennis Dean on a cost estimate for making the Roy connection for our meeting in February? He was talking about$500,000 as a figure from awhile ago, which seemed quite a bit less than what you were showing me. [I haven't asked him about this yet.] Also, could you put together a short list of issues or opportunities you see (what could hold the effort up, what's coming up that needs to be taken advantage of)? I think you have this info at hand, but if this is alot of work, let me know. Jailyn, I did speak with Dennis and sent him the cost estimate that was done previously by David Evans &Associates for the grant(I believe you have a copy, 1.4 M). He was going to see if they are still good numbers. I have not had time to focus on a short list of issues/opportunities, but hope to before the February meeting. If you want to take a stab at it based on what you know, that would be helpful (only if you have the time?). I did receive a phone call as you did from Ray Allred about them sending over to the legislature the previous grant applications for their consideration. I will be preparing a letter to all of them to remind them of this funding opportunity. In TRPC's legislative package, is this connection spelled out specifically? Michelle will be contacting everyone soon to find a meeting date in February. Let me know if you have any feedback from Joe to share. Thanks --Jailyn -----Original Message----- 1/25/2005 Message Page 2 of 3 From: Jailyn Brown Sent: Thursday, January 06, 2005 10:15 AM To: Peter Beaulieu (PBeaulieu@psrc.org) Cc: Lyn McClelland (Lyn.mcclelland@marad.dot.gov); Pati Otley (Patricia.otley@bnsf.com) Subject: 1/7 Roundtable Pete-- With the anticipated snow and ice, it looks unlikely that I'll make tomorrow's Freight Mobility Roundtable. I was very much looking forward to this agenda, and I'll be sure to check out your notes. Regarding Thurston County's activities, I'll give you a short description below and I'll attach a pdf map. If you'd like to share any of this info, that's good. Also, Lyn McClelland has been involved with our discussions focusing on Yelm's Prairie Line, Tacoma Rail, Sound Transit, BNSF and Ft. Lewis. I'm sure she could give a little perspective. Pati Otley was at yesterday's meeting called by Ft. Lewis, so I think she'd have something to add too. Instead, if it would be convenient for me to cover this info at another Roundtable meeting, I'd be happy to do that too. Sorry to be a NW snow whimp. If the forecasters are wrong I'll be up. Thanks -- Jailyn PS -- My GIS analyst is out this morning, so I don't have access to that pdf right now. I'll send the map along this afternoon. Background -- Recent Rail Discussions In 2004 the military began using the Port of Olympia to move military freight after a hiatus of several years. Both the federal Maritime Administration (MARAD) and the 833rd Transportation Battalion of the Military Surface Deployment and Distribution Command (SDDC) had questions about how freight moved on the rail system, particularly how it moved between Ft. Lewis and the Ports of Olympia and Tacoma. The draft map I attached laid a foundation for answering those questions, but it didn't provide a full picture about the movements. So in December, TRPC invited staff from the railroads, Ports, and public agencies to get together to review how the system works. The map also brought to regional attention that bit of rail line between Lakewood and Roy owned by BNSF but now attached to the (currently or soon to be owned) Sound Transit line(know by few names-- Lakeview Subdivision, Pt. Defiance By-Pass, Lakewood/Nisqually...). BNSF previously indicated (per Jerry Johnson)that it planned to abandon the Roy to MoBase section of the line if a connection were made between the Yelm Prairie Line and Tacoma Rail at Roy. Since Tacoma Rail has built it's business on the Mountain Line, moving freight between Tacoma and Yelm on such a connection is more feasible than previous analysis indicated. However, the MoBase to Roy section of rail has other potential benefits. That line comes into Lakewood adjacent to Sound Transit's preferred location for the Lakewood station. Preserving this line could lead to future commuter rail in the Yelm (SE Thurston and Pierce County)area. Also,this bit of rail line appeared as a potential alternate route for critical military movements in the event of problems on the Sound Transit line or the BNSF mainline. These opportunities were discussed at the December meeting and all the folks at the table were very interested in pursuing preservation of the Roy to MoBase line and creating a connection between the Yelm Prairie Line and Tacoma Rail at Roy. [The cross base highway plays into this discussion too, but takes a bit more explanation.] Lt. Col. Schneider from Ft. Lewis was inspired by this conversation and convened a meeting yesterday (Wednesday 1/5/05)to lay out a proposal for creating staged and rather extensive improvements to the rail facilities on the Ft. Lewis reservation. His plan also builds in preserving the Roy to MoBase line and making the connection at Roy . He is also asking for running rights to manage the Fort facilities and build train units -- 1/25/2005 Mes gage Page 3 of 3 running rights on the Sound Transit line (roughly Nisqually to Lakewood), on the BNSF line (Lakewood to MoBase and MoBase to Roy), and on Tacoma Rail (from Roy towards Fredrickson to a point just off the Fort's reservation). Yesterday's meeting generated questions about what the Fort needs, how to provide it, and BNSF's plans for Roy to MoBase. A follow up discussion is expected. TRPC, in February, will reconvene the original group to discuss the connection at Roy and the Roy to MoBase line status. We're coalition building with the hope of creating a single vision, some language to support it, a firmer cost estimate, hopefully some local funding to show project support, and a plan for how the partners will work together to garner state and perhaps federal support. Background -- TRPC Rail Plan: Thurston Regional Planning Council is beginning development of a regional rail plan. The objective is to take a comprehensive look at rail issues and opportunities, building a foundation for future rail project and planning efforts. We'll try to make it easy to update, identify key issues or conditions to monitor, and create a unified regional vision with local implementation. We intend to cover: *A short history of rail in the region. [How rail got to look the way it does, how that shapes future options.] *Current conditions. * ROW preservation. [Keeping transportation corridors available for public use, especially preserving railroading. ID additional potential shared ROW] * Passenger rail. [Light rail, commuter rail, & intercity rail. How it functions with other transit options. Our changing commuting patterns. What do we want in the future and how to get there.] * Freight rail. [Issues &opportunities. Also assess interest in a multimodal freight advisory committee here.] * Safety & efficiency. [ID and perhaps prioritize issues down here. Prepare to seek funding support.] * Rail finance. [What's available. How's it work.] * Regulatory considerations. [What's the framework.] We'll develop the plan through a series of white papers and briefings, using issue driven work groups. The process will include community discussions and presentation to both gather information and input, as well as share findings and what we learned. While our primary implementation area is Thurston County, clearly the issues for Thurston County extend well beyond our Council borders. As the map shows, we're thinking more broadly about the rail system as it functions in Pierce, Lewis, Grays Harbor and Mason Counties surrounding Thurston County. Rail traffic through the Ports of Olympia, Tacoma, Grays Harbor, and Chehalis/Centralia are critically important to our efforts, as well as commuting options from Lacey/Olympia/Tumwater into central Puget Sound. Jailyn Brown, Associate Planner Thurston Regional Planning Council 2404 Heritage Court SW #B Olympia, WA 98502 (360) 786-5480 brownjet c.o .................................................................................... This e-mail and any attachments are for the use of the addressed individual. If you have received this email in error,please notify our systems manager. TRPC has taken responsible precautions to ensure no viruses are present in this email,however we do not accept responsibility for loss or damage arising from the use of this e-mail or attachments. ..................................................................................... 1/25/2005 Message Page 1 of 1 Shelly Badger From: Michelle Miller[millerm@trpc.org] Sent: Thursday, February 10, 2005 12:17 PM To: thomas.rowley@bnsf.com; padgetta@sddc.army.mil; Shelly Badger; bill.mcdowell1@lewis.army.mil; Daniel.Burns@bnsf.com; beald@soundtransit.org; Ddean@cityoftacoma.org; chippse@soundtransit.org; jima@portolympia.com; joe.furtney@cityoftacoma.org; willgrpjsw@aol.com; ksmith@portoftacoma.com-, jefferk@wsdot.wa.gov; sawersm@sddc.army.mil; Patricia.otley@bnsf.com-, phenry@cityoftacoma.org; PBeaulieu@psrc.org; fantozzip@sddc.army.mil; allredr@wsdot.wa.gov; roymayor@ywave.com; rcollins@portoftacoma.com; BobCooley@TCRY.com; Ronald.Jackson @bnsf.com; sherim@prairiepark.com; steven.p.schneider@us.army.mi I; Karen Parkhurst; Andrew Johnsen; Jailyn Brown Subject: Prairie Line follow-up meeting An agenda and driving directions are attached for the Prairie Line follow-up meeting, Wednesday, February 16 at 10:00 a.m. in Olympia. The focus of this meeting is the connection between Yelm's Prairie Line and Tacoma Rail in Roy. We'll discuss the cost and potential issues in making the connection, review a prospective joint statement of support and upcoming opportunities to show support for the project, and identify any next steps to be taken by the group. In the afternoon, folks have been invited by Lt. Colonel Schneider to Tacoma at 1:00 p.m.to further discuss the Fort Lewis proposal to expand rail capacity at the military reservation. If you have any questions about the Roy Connection meeting in the morning, please call or email Jailyn Brown, with the Thurston Regional Planning Council at(360) 786-5480 or brownj@trpc.org. Michelle Miller Thurston Regional Planning Council 2404 Heritage Court SW #B Olympia, WA 98502 Phone: (360) 786-5480 Fax: (360) 754-4413 Home Page: www.trpc.org This e-mail and any attachments are for the use of the addressed individual. If you have received this e-mail in error.please notify our systems manager. TRPC has taken responsible precautions to ensure no viruses are present in this e-mail.however we do not accept responsibility for loss or damage arising from the use of this e- mail or attachments. 2/15/2005 AGENDA Yelm Prairie Line/Tacoma Rail Connection at Roy 10:00 a.m. to 11:30 a.m. Wednesday, February 16, 2005 Thurston Regional Planning Council 2404 Heritage Court SW Room A/B (2nd Floor) Olympia, WA 98502 (360) 786-5480 1. Status Update 2. Project Cost Overview 3. Issues & Opportunities 4. Joint Statement of Support 5. Support Activities 6. Next Steps Message Page 1 of 1 Shelly Badger From: Jailyn Brown [brownj@trpc.org] Sent: Tuesday, February 08, 2005 1:03 PM To: Jim Amador; Shelly Badger Subject: proposed sales & use credit for short lines Jim & Shelly --The state House is considering a bill (1658) to allow political subdivisions to be approved for a sales & use tax credit for short line rail projects. The program would be administered through CTED's community economic revitalization board. First read was 2/1/05 and it was referred to the transportation committee. I don't have any other info right now, but I thought this may interest you if it hasn't already passed your desks. -- Jailyn Jailyn Brown, Associate Planner Thurston Regional Planning Council 2404 Heritage Court SW #B Olympia, WA 98502 (360) 786-5480 brownj@trpc.org ««..«.............««„«««.......,...««,.,,...,«,.............«« This e-mail and any attachments are for the use of the addressed individual. If you have received this email in error,please notify our systems manager. TRPC has taken responsible precautions to ensure no viruses are present in this email,however we do not accept responsibility for loss or damage arising from the use of this e-mail or attachments. 2/8/2005 Message Page 1 of 4 Shelly Badger ............................................................................................................................................................................................................................................................... From: Shelly Badger Sent: Thursday, January 06, 2005 4:17 PM To: Adam Rivas; Joe Williams Cc: 'Sheri Carolus' Subject: FW: RR meetings update Adam & Joe, Jailyn forwarded this e-mail to me that she used to update the Puget Sound Regional Council's freight mobility group on the last 2 meetings. It is a very good overview of where we are at, so I wanted to share it. I will connect with Dennis Dean on the cost estimate for the connection to their line at Miles and start working on the list of issues/opportunities that she has asked for. If you have any ideas to add to the list, please e-mail them to me. Joe, thanks so much for attending the meeting yesterday. We will keep each other posted on the next meeting dates as they become known, so that we ensure Yelm representation by one or more of us. shelly Shelly Badger Yelm City Administrator shellyb(d)ci.yelm.wa.us P.O. Box 479 Yelm, WA 98597 360-458-8405 -----Original Message----- From: Jailyn Brown [mailto:brownj@trpc.org] Sent: Thursday, January 06, 2005 3:08 PM To: Shelly Badger Subject: FW: 1/7 Roundtable Shelly -- Interesting meeting yesterday. Joe was great in representing the Yelm and Roy interests. He seemed pleased with the forward momentum. There were many questions raised and the group agreed to meet again after the parties had a chance to check into the LTC's proposal. The BNSF reps at the meeting said they weren't aware of any plans to abandon Roy to MoBase, but were asked to check with Jerry Johnson on this point. The email I attached below is a summary of what I hope to present (or have presented)at PSRC's freight mobility roundtable tomorrow. I've tried to summarize what's been going on and where we're trying to go. Here's some ideas for our February meeting agenda -- Cost Estimate, Key Issues & Opportunities (like the Roy Gopher issue), Vision Statement everyone could all share in common, assess interest in local funding commitments, next steps with legislators. I was wondering if you could work with Dennis Dean on a cost estimate for making the Roy connection for our meeting in February? He was talking about$500,000 as a figure from awhile ago, which seemed quite a bit less than what you were showing me. [I haven't asked him about this yet.] Also, could you put together a short list of issues or opportunities you see (what could hold the effort up, what's coming up that needs to be taken advantage of)? I think you have this info at hand, but if this is alot of work, let me know. Michelle will be contacting everyone soon to find a meeting date in February. Let me know if you have any feedback from Joe to share. is c foSsw2 V x6, boa T/ 205 Message Page 2 of 4 Thanks -- Jailyn -----Original Message----- From: Jailyn Brown Sent: Thursday, January 06, 2005 10:15 AM To: Peter Beaulieu (PBeaulieu@psrc.org) Cc: Lyn McClelland (Lyn.mcclelland@marad.dot.gov); Pati Otley (Patricia.otley@bnsf.com) Subject: 1/7 Roundtable Pete -- With the anticipated snow and ice, it looks unlikely that I'll make tomorrow's Freight Mobility Roundtable. I was very much looking forward to this agenda, and I'll be sure to check out your notes. Regarding Thurston County's activities, I'll give you a short description below and I'll attach a pdf map. If you'd like to share any of this info, that's good. Also, Lyn McClelland has been involved with our discussions focusing on Yelm's Prairie Line, Tacoma Rail, Sound Transit, BNSF and Ft. Lewis. I'm sure she could give a little perspective. Pati Otley was at yesterday's meeting called by Ft. Lewis, so I think she'd have something to add too. Instead, if it would be convenient for me to cover this info at another Roundtable meeting, I'd be happy to do that too. Sorry to be a NW snow whimp. If the forecasters are wrong I'll be up. Thanks -- Jailyn PS -- My GIS analyst is out this morning, so I don't have access to that pdf right now. I'll send the map along this afternoon. Background -- Recent Rail Discussions In 2004 the military began using the Port of Olympia to move military freight after a hiatus of several years. Both the federal Maritime Administration (MARAD) and the 833rd Transportation Battalion of the Military Surface Deployment and Distribution Command (SDDC) had questions about how freight moved on the rail system, particularly how it moved between Ft. Lewis and the Ports of Olympia and Tacoma. The draft map I attached laid a foundation for answering those questions, but it didn't provide a full picture about the movements. So in December, TRPC invited staff from the railroads, Ports, and public agencies to get together to review how the system works. The map also brought to regional attention that bit of rail line between Lakewood and Roy owned by BNSF but now attached to the (currently or soon to be owned) Sound Transit line (know by few names -- Lakeview Subdivision, Pt. Defiance By-Pass, Lakewood/Nisqually...). BNSF previously indicated (per Jerry Johnson) that it planned to abandon the Roy to MoBase section of the line if a connection were made between the Yelm Prairie Line and Tacoma Rail at Roy. Since Tacoma Rail has built it's business on the Mountain Line, moving freight between Tacoma and Yelm on such a connection is more feasible than previous analysis indicated. However, the MoBase to Roy section of rail has other potential benefits. That line comes into Lakewood adjacent to Sound Transit's preferred location for the Lakewood station. Preserving this line could lead to future commuter rail in the Yelm (SE Thurston and Pierce County) area. Also, this bit of rail line appeared as a potential alternate route for critical military movements in the event of problems on the Sound Transit line or the BNSF mainline. These opportunities were discussed at the December meeting and all the folks at the table were very interested in pursuing preservation of the Roy to MoBase line and creating a connection between the Yelm Prairie Line and Tacoma Rail at Roy. [The cross base highway plays into this discussion too, but takes a bit more explanation.] Lt. Col. Schneider from Ft. Lewis was inspired by this conversation and convened a meeting yesterday 1/6/2005 Message Page 3 of 4 (Wednesday 1/5/05)to lay out a proposal for creating staged and rather extensive improvements to the rail facilities on the Ft. Lewis reservation. His plan also builds in preserving the Roy to MoBase line and making the connection at Roy . He is also asking for running rights to manage the Fort facilities and build train units -- running rights on the Sound Transit line (roughly Nisqually to Lakewood), on the BNSF line (Lakewood to MoBase and MoBase to Roy), and on Tacoma Rail (from Roy towards Fredrickson to a point just off the Fort's reservation). Yesterday's meeting generated questions about what the Fort needs, how to provide it, and BNSF's plans for Roy to MoBase. A follow up discussion is expected. TRPC, in February, will reconvene the original group to discuss the connection at Roy and the Roy to MoBase line status. We're coalition building with the hope of creating a single vision, some language to support it, a firmer cost estimate, hopefully some local funding to show project support, and a plan for how the partners will work together to garner state and perhaps federal support. Background -- TRPC Rail Plan: Thurston Regional Planning Council is beginning development of a regional rail plan. The objective is to take a comprehensive look at rail issues and opportunities, building a foundation for future rail project and planning efforts. We'll try to make it easy to update, identify key issues or conditions to monitor, and create a unified regional vision with local implementation. We intend to cover: *A short history of rail in the region. [How rail got to look the way it does, how that shapes future options.] *Current conditions. "ROW preservation. [Keeping transportation corridors available for public use, especially preserving railroading. ID additional potential shared ROW] "Passenger rail. [Light rail, commuter rail, & intercity rail. How it functions with other transit options. Our changing commuting patterns. What do we want in the future and how to get there.] " Freight rail. [Issues & opportunities. Also assess interest in a multimodal freight advisory committee here.] *Safety&efficiency. [ID and perhaps prioritize issues down here. Prepare to seek funding support.] • Rail finance. [What's available. How's it work.] * Regulatory considerations. [What's the framework.] We'll develop the plan through a series of white papers and briefings, using issue driven work groups. The process will include community discussions and presentation to both gather information and input, as well as share findings and what we learned. While our primary implementation area is Thurston County, clearly the issues for Thurston County extend well beyond our Council borders. As the map shows, we're thinking more broadly about the rail system as it functions in Pierce, Lewis, Grays Harbor and Mason Counties surrounding Thurston County. Rail traffic through the Ports of Olympia, Tacoma, Grays Harbor, and Chehalis/Centralia are critically important to our efforts, as well as commuting options from Lacey/Olympia/Tumwater into central Puget Sound. Jailyn Brown, Associate Planner Thurston Regional Planning Council 2404 Heritage Court SW #B Olympia, WA 98502 (360) 786-5480 brownjC`�trpc.org .................................................................................... This e-mail and any attachments are for the use of the addressed individual. If you have received this email in error,please notify our systems 1/6/2005 Message Page 4 of 4 manager. TRPC has taken responsible precautions to ensure no viruses are present in this email,however we do not accept responsibility for loss or damage arising from the use of this e-mail or attachments. .................................................................................... 1/6,/2005 Shelly Badger From: Sheri Carolus [sheric@prairiepark.com] Sent: Monday, January 03, 2005 10:33 AM To: Shelly Badger Subject: RE: Mtg re: railroad! Thanks Shelly! Sheri Minks Assistant to Joe & Liz Williams (360) 458-7563 (360) 458-9396 fax sherim@prairiepark.com <mailto:sherim@prairiepark.com> -----Original Message----- From: Shelly Badger [mailto:shellyb@ci.yelm.wa.us] Sent: Monday, January 03, 2005 10:25 AM To: Sheri Carolus Subject: FW: Mtg re: railroad! Importance: High Sheri, here was the original e-mail that I received and forwarded to Joe and Adam. I will be in touch. Thank you, Shelly Could you also provide me your last name, so I can add you to my address book? Shelly Shelly Badger Yelm City Administrator shellyb@ci.yelm.wa.us P.O. Box 479 Yelm, WA 98597 360-458-8405 -----Original Message----- From: Shelly Badger Sent: Tuesday, December 28, 2004 2:05 PM To: Adam Rivas; Joe Williams Cc: Jailyn Brown (brownj@trpc.org) Subject: FW: Mtg re: railroad! Importance: High Hi Adam & Joe, LTC Schneider from Fort Lewis has organized this meeting next Wed. 1-5 in the morning, location to be determined. I have a conflict that morning and am checking if either of you are available to attend the RR mtg or if I need to get someone else to attend my SR 510 Yelm Loop meeting. Please let me know ASAP your availability as we will want to have a Yelm rep in attendance! Thanks, Shelly Shelly Badger Yelm City Administrator shellyb@ci.yelm.wa.us P.O. Box 479 Yelm, WA 98597 360-458-8405 -----Original Message----- 1 From: Schneider,. Steven P LTC (PKI) (mailto:steven.p.schneider@us.army.mil] SeAt: 4ednesday, December 22, 2004 11:13 AM To: 'sawersm@sddc.army.mil' ; 'padgetta@seed.army.mil' ; Shelly Badger; 'ksmith@portoftacoma.com' ; 'lyn.mcclelland@marad.dot.gov' ; 'willgrpjsw@aol.com' ; 'roymayor@Ywave.com' ; 'wagnerj@soundtransit.org' Cc: 'Johnson, Ricky D Mr IMA NWR' ; Carroll, Joe M (PKI) ; Reed, Jerry L CIV (PKI) ; McDowell, William C (PKI) Subject: Running Rights Everyone: Representatives from BNSF are flying out here to meet us on the morning of 5 January 2005. Sound Transit has offered to let us use one of their confrence rooms if needed and BNSF was searching for one in Tacoma. At this time I cannot give you the exact location but 5 January is confirmed. I will give you more information next week. I hope that you all can attend. Thanks LTC Steven Schneider Deputy Transportation Division Chief Directorate of Logistics cell 253-405-3931 2 Shelly Badger From: Shelly Badger Sent: Thursday, January 06, 2005 12:20 PM To: 'Schneider, Steven P LTC (PKI)' Subject: RE: Running Rights LTC Schneider, thank you for the message. Yes, Joe is very good and an excellent person to chair our Yelm Rail Advisory Committee. He is committed to the success of the Yelm Roy Prairie Line, as is the City. Please keep me posted on dates for subsequent meetings, so that we can continue to ensure our attendance and participation. Thank you for your efforts, it is truly making a difference and getting the right people together to make a difference. Shelly Badger Yelm City Administrator shellyb@ci.yelm.wa.us P.O. Box 479 Yelm, WA 98597 360-458-8405 -----Original Message----- From: Schneider, Steven P LTC (PKI) [mailto:steven.p.schneider@us.army.mil] Sent: Thursday, January 06, 2005 11: 19 AM To: Shelly Badger Subject: RE: Running Rights Joe Williams was quite helpful and represented your city with competence. I look forward to working with you during the February meeting at the Thurston County meeting. I will also hold another Running Rights meeting in February and hope that you can come. Thanks. LTC Steven Schneider 405-3931 -----Original Message----- From: Shelly Badger [mailto:shellyb@ci.yelm.wa.us] Sent: Monday, January 03, 2005 10:27 AM To: Schneider, Steven P LTC (PKI) Subject: RE: Running Rights LTC Schneider, I am back from vacation and checking in regarding the meeting you are working on for Wednesday morning, January 5th. I have a conflict, but am checking with Mayor Rivas and Rail Advisory Committee Chair Joe Williams to see if they can make it. Do you have the time and location yet? Thank you, Shelly Badger Yelm City Administrator shellyb@ci.yelm.wa.us P.O. Box 479 Yelm, WA 98597 360-458-8405 -----Original Message----- From: Schneider, Steven P LTC (PKI) [mailto:steven.p.schneider@us.army.mil] Sent: Wednesday, December 22, 2004 11:13 AM To: 'sawersm@sddc.army.mil' ; 'padgetta@seed.army.mil' ; Shelly Badger; 'ksmith@portoftacoma.com' ; 'lyn.mcclelland@marad.dot.gov' ; 'willgrpjsw@aol.com' ; 'roymayor@Ywave.com' ; 'wagnerj@soundtransit.org' 1 @;c: "Johnson, Ricky D Mr IMA NWR' ; Carroll, Joe M (PKI) ; Reed, Jerry L CIV (PKI) ; McDowell, William C (PKI) Subject: Running Rights Everyone: Representatives from BNSF are flying out here to meet us on the morning of 5 January 2005. Sound Transit has offered to let us use one of their confrence rooms if needed and BNSF was searching for one in Tacoma. At this time I cannot give you the exact location but 5 January is confirmed. I will give you more information next week. I hope that you all can attend. Thanks LTC Steven Schneider Deputy Transportation Division Chief Directorate of Logistics cell 253-405-3931 2 AGENDA Running Rights Near and Through Fort Lewis,Washington January 5, 2005 9:00 a.m. to 11:00 a.m. Conference Room Tacoma Rail Road Office 2601 SR 509 North Frontage Road Tacoma, WA 98421 253-502-8818 1. Introduction Overview of the meeting's purpose 2. Running Rights of Sharing the Nisqually Line West of Fort Lewis General Route Main Post Rail North Fort Rail 3. Prairie Line General Route Lake View to Yelm 4. Mountain Line General Route Siding potential Classification Potential 5. Discuss Interests and opportunities Potential for collaboration Mutual Benefit 6. Follow up actions s Directions to Tacoma Rail Road 1. Take the Port of Tacoma Exit (136) while on I-5 coming from either North or South. 2. From the South cross the I-5 overpass and then go over the 509 overpass 3. From the North turn right and go over the 509 overpass 4. Turn left at the first light 5. Stay right and you will go onto the Frontage Road 6. First building on the right (Bldg 2601) 7. The address is 2601 SR 509 North Frontage Road, Tacoma, WA 98421 8. Telephone number at Tacoma Rail is 253-502-8818. AGENDA Rail Inquiries— Logistics & Disposition Thurston Regional Planning Council December 13, 2004 10:00 a.m. to 11:30 am. 2"d Floor Conference Room 2404 Heritage Court SW Olympia, WA 98502 1. Introductions Overview of the meeting's purpose Roundtable introductions—affiliations and interests 2. Rail Logistics of Moving Freight between Ft. Lewis and the Ports of Olympia and Tacoma General route review Operational description Policy or other strategic considerations 3. Current Status and Future Opportunities for the Prairie Line— Roy to Mobase Review BNSF's plans Discuss interests and opportunities Identify potential for collaboration 4. Next Steps Identify and/or recap any follow up action steps Prairie Line Rail Meeting - December 13"' TRPC Ft. Lewis Lon Wyrick Joyce Aldrich yr. ric�trpc.org joyce.aldrich@lewis.army.mil (360)786-5480 (253)966-3868 Jailyn Brown SDDC (Military Surface Deployment & browning trpc.org Distribution Command) (360)786-5478 Phil Fantozzi Karen Parkhurst fantozzip@sddc.army.mil par�trpc.org 764-6507 (360)786-5480 Mike Sawers Port of Olympia sawersm@sddc.army.mil Jim Amador (206)764-6508 _jima@,portolympia.com (360)528-8032 Maritime Administration (MARAD) Lyn McClelland Tri-City & Olympia Railroad Company Lyn.mcclelland@marad.dot.gov Randy Peterson (206)220-7717 (509)371-8313 randolphpeterson@tcry.com Sound Transit City of Yelm Eric Chipps Shelly Badger shellyb@a,ci.yelm.wa.us Tacoma Rail (360)458-8405 Dennis Dean Adam Rivas—Mayor Ddean�citXoftacoma,org (253)502-8891 Joe Williams —Chair, Rail Advisory Committee Paula Henry willgr�isw e aol.com Phenry�a�cityoftacoma.org (253)502-8894 Port of Tacoma BNSF Rob Collins rcollinse-portoftacoma.com Dan Burns (253)383-9404 Daniel.Burns( bnsf.com Cell: (253)405-0357 (253)591-2557 Kelly Smith- Director of Rail Operations PSRC Peter Beaulieu WSDOT PBeaulieu@psrc.org Stephen Anderson (206)464-7537 andestnae,wsdot.wa.gov (360)705-6903 Gly of Roy Ray Bourne—mayor Ray Allred roymUor@ywave.com allredr@wsdot.wa.gov (253) 843-1113 705-7903 FW: Rail Road Car Delivery Page 1 of 1 Shelly Badger ................................................................................................................................................................................................................................................................... From: Barrie Wilcox [bwilcox@wilcoxfarms.net] Sent: Tuesday, December 07, 2004 4:45 PM To: brownj@trpc.org; Shelly Badger Subject: FW: Rail Road Car Delivery Jailyn and Shelly: Thank you so much for meeting with me last week and outlining some of the railroad issues. Enclosed is an email with the information I promised you on the volume and service at our Roy Feedmill. As you can see their service has varied a lot. If you have any questions feel free to contact me. Thanks Barrie From: Evan Wright Sent: Tuesday, December 07, 2004 2:31 PM To: Barrie Wilcox Subject: Rail Road Car Delivery 2004 Jan. 37 Feb. 24 March 32 April 32 May 34 June 19 July 29 Aug. 27 Sept. 27 Oct. 17 Nov. 36 Total 314 cars, 11 months, 28.5 cars per month July 2004 cars placed at Roy 6 times August cars placed at Roy 9 times Sept. cars placed at Roy 7 times Oct. cars placed at Roy 8 times Nov. cars placed at Roy 6 times Days between deliveries range 5 to 11 days apart. 12,8 2004 :f 44 _44 a�f F phE A rifdre. 3 �W�t ', - � �ft is M �' ,� �i � �` � �,��s� a� ,�'wp f� '9�^ ♦�4� ` }eY J.d r � .' ,��4� d rte. .' � S rir ry�i F�t�` ,Ta 6 y.• � ,�• ��y �N o 9�. S! 6J•.� JR t .A r.4 't.... A j r• lr 'f'F;S.y ? Y s :. �,� � _ �, �.- � �s ¢�S a.:, i`q "v t.,• N � .y �,t �pfJ.y .k j �'-raf' �q C 4sA S4'+�,f"r, [ k � �ti '� s �� + � ' � � �.t Nu } '�� +}� � ��r �t���$� 'ham ; 'moi '.,s f� ��'�� �Y ��'ri+r3•. '+i�.#"�.�A!' �,+ •{ �. 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PTwrt :� n i :{ ..t� �i°�,y` Q-� � ..kl:. ,b';y� Ja�kx,,, :'. a ,r '`' � r'���+F31 r- ^',_ ','. 'p-__, �•. �: ^ ... .s all°F�` �4�:f;�. .� ,ii..n.v �? .L � a`d.tr. .��- ,i J:�+r. _. ..4 .. :�. .-s r i-..:G .?s?,,,., �1��d. '° -.... ... .�sn���"� ..� �i... '�t�,yM'np.' ... Lakewood-Roy Rail Line Discussion Hello All— TRPC is coordinating a meeting to discuss operations on the Lakewood—to—Roy Prairie Line. More information about the meeting's purpose is included below. Please identify the dates and times from the options below when you are available to meet in Olympia for about 1'/z hours. Our office will coordinate calendars and let you know a favorable date,time and location. Thanks for your help! Jailyn Brown Potential Dates Monday,November 29: any time from Sam-lpm Tuesday, December 7: 8-11 am Wednesday, December 8: late afternoon(after 3pm) Monday, December 13: 8-1:30 Tuesday, December 14: 8-11 am Background TRPC is convening a meeting to discuss 1)the logistics of moving freight between Fort Lewis and the Ports of Olympia and Tacoma, and 2)the status of the Lakewood—to—Roy Prairie Line. The meeting is prompted by several concurrent issues. • The Army's logistics branch, SDDC, and the Maritime Administration(MARAD) are interested in how freight moves between Fort Lewis and the Ports of Olympia and Tacoma. This includes both logistical aspects of rail freight movements as well as strategic issues such as policies impacting potential movements. • BNSF is considering abandonment of the Prairie Line from Roy to Mobase(Fort Lewis' access point to the Prairie Line). This rail line, as well as a potential connection between the Prairie Line and Tacoma Rail in Roy, is of keen interest to several parties for a variety of reasons. • TRPC is beginning development of a regional rail strategy. This collaborative effort will look at right-of-way preservation, passenger rail, freight rail, safety and efficiency, finance and regulatory considerations. Assessing and promoting the future use of rail corridors in the region—including the Prairie and Tacoma Rail Lines—are key considerations of the plan. Bringing key constituents together, we plan to assess how these corridors function now and what uses they may serve in the future, as well as what interests coincide in those future uses. Message Page 1 of 1 Shelly Badger From: Michelle Miller[millerm@trpc.org] Sent: Wednesday, November 17, 2004 2:08 PM To: thomas.rowley@bnsf.com; ivanovb@wsdot.wa.gov; beald@soundtransit.org; Ddean@cityoftacoma.org; jima@portolympia.com; joyce.aldrich@lewis.army.mil; Lyn.mcclelland@marad.dot.gov; sawersm@sddc.army.mil; PBeaulieu@psrc.org; fantozzip@sddc.army.mil; randolphpeterson@tcry.com; allredr@wsdot.wa.gov; roymayor@ywave.com; rcollins@portoftacoma.com; Shelly Badger; andest@wsdot.wa.gov Cc: Lon Wyrick; Karen Parkhurst; Jailyn Brown Subject: Prairie Line Rail Meeting We have a date and time!! The meeting will be Monday, December 13th from 10-11:30am in the 2nd floor conference room at 2404 Heritage Ct SW in Olympia. We will be sending an agenda prior to the meeting. If you could drop me a quick email verifying your presence (or absence if that's the case) at the meeting, I would really appreciate it. Again, thank you for your wonderful patience and cooperation! Michelle Miller Thurston Regional Planning Council 2404 Heritage Court SW #B Olympia, WA 98502 Phone: (360) 786-5480 Fax: (360) 754-4413 Home Page: www.trpc.org This e-mail and any attachments are for the use of the addressed individual. If you have received this e-mail in error,please notify our systems manager. TRPC has taken responsible precautions to ensure no viruses are present in this e-mail.however we do not accept responsibility for loss or damage arising from the use of this e- mail or attachments. 11/17/2004 Regional Rail Plan Scoping Yelm 11/30/04 Agenda • Introductions • TRPC's Rail Planning Effort • Map Review • Current Conditions • Vision/Issues/Opportunities • Involvement in Rail Plan Development Some Questions 1 . What information does staff need or are curious about? 2. What are your policy makers thinking about rail? Your community? 3. Does Yelm have any rail related written plans or policies (safety issues, uses, nuisance, local governance, ...)? 4. Who are the key stakeholders in the community, public and private? Who else may want to be involved? What are their interests? 5. Rail holdings — requirements? 6. Development plans? 7. Industrial area needs? 8. Transit needs or visions (light rail, trolley, bus rapid transit, commuter ...)? 9. Safety / efficiency issues? 10.Fire or police/local governance issues? Issues with hazardous freight? X �C, ��rn C/o � w V� Wessage Page 1 of 1 Shelly Badger ......................................... .................................................................................................................................................................................................................... From: Shelly Badger Sent: Friday, October 08, 2004 12:23 PM To: Jailyn Brown (brownj@trpc.org) Subject: Rail info gathering in Yelm Hi Jailyn, Grant forwarded your message to me of 9-21 (sorry for the delayed response). At this point, I am the lead staff on RR issues. We have not had alot of forward progress during 2004, so I am looking forward to being a part of TRPC's work on a regional rail plan. I will be out of the office on vacation from 10-10/10-18, so if you could e-mail me some possible dates and times that work for your schedule before the end of the year, I would be happy to gather together other staff such as Grant, Community Development and Tim Peterson, Public Works Director to join us. My schedule from 10-18/10- 31 is quite full, so November would be better. Thanks, I look forward to talking with you. Shelly Shelly Badger Yelm City Administrator shelllyb(aci.yelm.wa.us P.O. Box 479 Yelm, WA 98597 360-458-8405 10/8/2004 Message Page 1 of 2 art , Shelly Badger ............................................................................................................................................................................................................................................................... From: Grant Beck Sent: Tuesday, September 21, 2004 2:40 PM To: Shelly Badger Subject: RE: Rail Info Gathering in Yelm Shelly - It looks like this may be a job for the Rail Advisory Committee. If you would like, I will be happy to work with Jailyn and Dana to set up a meeting between Regional and the RAC and,I would guess,Charlie Burnham,if you care to let me help you out a bit. If you want, I could even delegate to Tami! Let me know. Grant -----Original Message----- From: Jailyn Brown [mailto:brownj@trpc.org] Sent: Tuesday, September 21, 2004 1:51 PM To: Beck, Grant Subject: Rail Info Gathering in Yelm Grant-- TRPC is working on a regional rail plan. It builds on past work on rail, but will take a more comprehensive approach. The goal is to lay out a comprehensive regional vision, and identify the local and regional actions needed to achieve it. To get started, I'm trying to meet with jurisdictional staff to get an idea the rail issues and opportunities in our communities. I've met individually with some staff from various departments. Some cities are interested in having a group discussion with parks, transportation, community development, city management, real estate/legal... to share various rail issues and perspectives with each other, as well as me. The purpose is to talk about ideas/information for ROW preservation (& how former rail ROW is currently held), passenger rail, freight rail, safety& efficiency, finance, regulation, or anything else rail related that's on the minds of City staff. Some topics that could come up include-- hazardous grade crossings, freight and passenger rail opportunities along the Prairie Line and Sound Transit's Lakewood Subdivision, could fixes in Tacoma help Yelm rail development, train whistles in town, rail trail development or park development along rail trails or active rail lines, opportunities with TRMD, opportunities with Port of Tacoma... I'd like your help identifying the folks that should participate as well as your take on the best way to set this up(collective vs. individual meetings). I know there's been some active citizens in Yelm too. If it's appropriate, their involvement would be great too. This is an early step in a planning activity that's likely to span 12-18 months. Let me know what you think. Many thanks for your help on this. -- Jailyn Jailyn Brown, Associate Planner Thurston Regional Planning Council 10/5/2004 Messa,-,e Page 2 of 2 r 2404 Heritage Court SW #B Olympia, WA 98502 (360) 786-5480 brown jetrpc.org .................................................................................... This e-mail and any attachments are for the use of the addressed individual. If you have received this email in error,please notify our systems manager. TRPC has taken responsible precautions to ensure no viruses are present in this email,however we do not accept responsibility for loss or damage arising from the use of this e-mail or attachments. ...:................................................................................ 10/5/2004 re crr�ece 2,, 1 � �)q klL di Uhl ICO � - � d� w �,, � ,Oice - 1kc�t �pt�,dc& (� 10 _ la— rws Q1w �ercl CGl (,�ilcax � �zi �✓S i li0LO � m� OIVcU✓1� - m l eve � � �• � r, - r3'� �� � t"d�'�` S `` .�` '.3` ��" _� r' �". - : .,�"- ' � -�—P'"-+'r � � `x. b �":'��a��_�� y r "�+f ���J '. a. FE s^,s,-�. � ��.�E � '. y�'c � •�*r� �.::p ;�''� . �� � e r FY. s �•,�.� T y�'moi' s.. .}. � '�S s- .� `es..�y Y'^� � 3 .y�„ -- r_ - .. Zz y r . _ � P'•� x t'�4t F,�„r� �' `+;'�" x Tib'+` �� 'z*'d :4��" "lP �,�` rt-s -`� `'1r'� - A� �{��� +f t�:.� �'" 5,w. (.f :>�� Tip' � Ca,` °a' �j 3 y.. a ' .� <�• ` .. y5-1S 1bt� - ��-- 'ted `� Fri � '�- �a�:f a 4 - C- �i�•. .- ."` r ' s• r:aW }.a ti w - .Y 4.3t r .'• ;.z. �*. �.• � air., aa,�- y..:�' .r. � �[- 3 � � � -� �>��d #-•�-' 4��. b .� ms's - PQ Ali cLk t ..y�pam, yy y��y,�•, ` 9 is•{ -_ y4 � •r �''• - �i<.. dsi Message Page 1 of 2 Shelly Badger From: Shelly Badger Sent: Friday, November 12, 2004 9:49 AM To: Joe Williams Subject: FW: Prairie Line Rail Meeting Joe see below e-mail from TRPC regarding the meeting that is being planned. Are you available either 12-8 after 3 PM or 12-13 from 8-1:30? Shelly Shelly Badger Yelm City Administrator shellyb(dci.yelm.wa.us P.O. Box 479 Yelm, WA 98597 360-458-8405 -----Original Message----- From: Shelly Badger Sent: Friday, November 12, 2004 9:47 AM To: 'Michelle Miller' Cc: Adam Rivas Subject: RE: Prairie Line Rail Meeting Michelle, both Mayor Adam Rivas and I are available either Wednesday, December 8th after 3 PM or Monday, December 13th between 8-1:30 PM. I would also suggest that you invite Mayor Ray Bourne from the City of Roy as this issue will affect their community also. His e-mail address is roymayor(aywave.com. Thanks for coordinating, I recognize that is a task in itself. Shelly Shelly Badger Yelm City Administrator shellyb(&ci.yelm.wa.us P.O. Box 479 Yelm, WA 98597 360-458-8405 -----Original Message----- From: Michelle Miller [mailto:millerm@trpc.org] Sent: Monday, November 08, 2004 4:04 PM To: andest@wsdot.wa.gov; ivanovb@wsdot.wa.us; Ddean@cityoftacoma.org; ryanj@soundtransit.org; jima@portolympia.com; Lyn.mcclelland@marad.dot.gov; sawersm@sddc.army.mil; Patricia.otley@bnsf.com; PBeaulieu@psrc.org; fantozzip@sddc.army.mil; randolphpeterson@tcry.com; allredr@wsdot.wa.gov; rcollins@portoftacoma.com; RonaId.Jackson@bnsf.com; Shelly Badger Subject: Prairie Line Rail Meeting Greetings! We are trying to organize a meeting to discuss the Lakewood-to-Roy Prairie Rail Line. Attached to this email is a letter from Jai lyn Brown regarding this issue. I realize how tricky it is to coordinate the schedules of busy folks, especially in November and December, so please bear with me as I attempt to find a convenient date/time for everyone. So, if you could email or call me to let me know your preferences for the meeting as soon as possible, that would be wonderful. Thank you in advance for your patience and cooperation! Michelle Miller 1 1 17 2004 Message Page 2 of 2 Thurston Regional Planning Council 2404 Heritage Court 5W #B Olympia, WA 98502 Phone: (360) 786-5480 Fax: (360) 754-4413 Home Page: www.trpc.org This e-mail and any attachments are for the use of the addressed individual. If you have received this e-mail in error,please notify our systems manager. TRPC has taken responsible precautions to ensure no viruses are present in this e-mail,however we do not accept responsibility for loss or damage arising from the use of this e-mail or attachments. 11/17/2004 Message Page 1 of 4 Shelly Badger ............................................................................................................................................................................................................................................................... From: Shelly Badger Sent: Tuesday, November 09, 2004 4:17 PM To: Barrie Wilcox Subject: FW: Lakewood-Roy line status Barrie, As Jailyn is in charge of setting of the group meeting so we can all get up to speed, I forwarded your question to her and her response follows. At this point, I think the large group needs to get together to figure out what can and/or is happening. This will aid us all in deciding what to do next. The meeting is planned to occur in the next 4-6 weeks. Also, Jailyn offers a meeting with you to hear your concerns so we can be better educated as we move forward. She is coming out to meet(lots of meetings!)with me and other staff members on November 30th. Would you be available to stop by about 11:30 to talk? I would then check with Jailyn to see if she is available to stay a bit longer in Yelm. Thanks Barrie, Shelly Shelly Badger Yelm City Administrator shellyb@ci.yelm_wa.us P.O. Box 479 Yelm, WA 98597 360-458-8405 -----Original Message----- From: Jailyn Brown [mailto:brownj@trpc.org] Sent: Friday, November 05, 2004 3:48 PM To: Shelly Badger Subject: RE: Lakewood-Roy line status Shelly-- I agree with you. A group approach is a good idea. The meeting we're working to set up should help us understand everyone's interest and concerns, hopefully with BN joining us for the discussion. I'm coming up with the last couple of contacts for that meeting, so you should hear from our office Monday to find a time that works for everyone. I don't think anything will happen very quickly with any abandonment proceedings. Also, BNSF indicated they would require the move be uncontested and an alternative connection between the Prairie and Tacoma Rail lines be built in Roy to maintain service to Roy. I think it would be beneficial to Mr. Wilcox for us to explore the mutual interests in this group for preserving service. If he's willing to wait, I think we'll have much more information and collaboration after the meeting. Would it help to meet with Mr. Wilcox ahead of time to run over the situation and discuss his concerns? If so, give a shout and I'll head your way. Thanks -- Jailyn -----Original Message----- From: Shelly Badger [mailto:shellyb@ci.yelm.wa.us] Sent: Wednesday, November 03, 2004 7:16 AM To: Jailyn Brown Subject: FW: Lakewood-Roy line status 11/9/2004 Message Page 2 of 4 �40 Jailyn, when I forwarded your e-mail to the Yelm group, I received this question from Barrie Wilcox. He is actually the only current user on the line (other than Fort Lewis) from Yelm to Lakeview. He has the feed facility right in DT Roy for Wilcox farms and has feed delivered via rail. Do you think we need to wait until the meeting you are setting up where we have all the parties around the table? I honestly feel that as a group if we work together, we will be more powerful that one of us expressing concerns. Thanks, Shelly Shelly Badger Yelm City Administrator shell b ci. elm.wa.us P.O. Box 479 Yelm, WA 98597 360-458-8405 -----Original Message----- From: Barrie Wilcox [mailto:bwilcox@wilcoxfarms.net] Sent: Wednesday, November 03, 2004 3:08 PM To: Shelly Badger Subject: RE: Lakewood-Roy line status Shelly: Thanks for including me in this email. I am concerned about the implications of BSNF abandoning the Ft. Lewis-Roy line and the timing of getting Tacoma Rail to connect to our feedmill in Roy. Do you have suggestions on who I should contact to voice my concerns? I had Cong. Smith's office contact the BNSF and their reply was that they were not going to turn over the military business and our account to Tacoma and would provide better service. Any of your thoughts on this I would appreciate. Thanks Barrie From: Shelly Badger [mailto:shellyb@ci.yelm.wa.us] Sent: Wednesday, November 03, 2004 1:19 AM To: Adam Rivas; Joe Williams; Charlie Burnham; Ray Bourne; Barrie Wilcox; Jerry Trudeau Subject: FW: Lakewood-Roy line status Importance: High In the 2005 workplan of the Thurston Regional Planning Council (of which Yelm is a member), it is identified for TRPC to work with its partners to initiate a regional freight mobility strategy, as well as to initiate a regional rail vision and implementation strategy for both freight and passenger rail. Jailyn Brown, an Associate Planner with TRPC, is the lead staff person beginning to work on this project. In her preliminary research, she has uncovered the following activity(which differs from my last update in September). She is starting to make connections with all the players including Tacoma Rail, Sound Transit and BNSF (thru the state rail office). When I spoke with her last week, we talked of a meeting bringing all the parties together in the near future. She will be coordinating that and I will keep in touch as some of you may want to attend. Start at the bottom of this e-mail series for the initial communication between Stephen Anderson, WSDOT State Rail Services Manager and Jerome Johnson from BNSF. Thanks, Shelly Shelly Badger 11/9/2004 Message Page 1 of 1 Shelly Badger From: Shelly Badger Sent: Friday, November 05, 2004 6:33 AM To: 'Willgrpjsw@aol.com' Subject: RE: FW: Lakewood-Roy line status Joe, I am well aware of the fact that if BNSF scraps this piece we have no service. Not a good thing. Jailyn is working hard to get all the players to the table to discuss options. Hopefully this meeting will occur soon, including representation from BNSF. Also, as I understand it, for abandonment to proceed, it must be uncontested and we know that will not happen. The WA State Rail office is tracking the developments as they occur and at this point, there is no date set for the planned abandonment filing. I will keep you posted as I get further updates. Thanks Joe, Shelly Shelly Badger Yelm City Administrator shellyb@ci.yelm.wa.us P.O. Box 479 Yelm, WA 98597 360-458-8405 -----Original Message----- From: Willgrpjsw@aol.com [mailto:Willgrpjsw@aol.com] Sent: Friday, November 05, 2004 2:10 PM To: Shelly Badger Subject: Re: FW: Lakewood-Roy line status Shelly, We need to speak right away. If BNSF tries to scrap this piece we are in trouble. We need to communicate that we will go to court first. Joe 11/5/2004 Shelly Badger From: Charles Burnham [Ceb@deainc.com] Sent: Thursday, November 04, 2004 6:15 PM To: Shelly Badger Subject: RE: FW: Lakewood-Roy line status Shelly, I have been thinking about the BNSF's proposed abandonment from Mobase to Roy. They have apparently stated that they will not share any of the cost of connecting Tacoma Rail to your line. My thoughts are as follows: 1. BNSF wants to abandon the line for financial reasons. Wilcox does not generate enough revenue to justify keeping the service open. 2. If they abandon the line without a new connection to Tacoma Rail, Yelm and Wilcox will be cut-off from rail service. 3. In order for the abandonment to proceed, it must be uncontested. Wilcox, Roy, and Yelm must not object. 4. I believe that a case can be made that BNSF should have to pay for at least a significant percentage of the new connection as a condition of the abandonment of the line from Fort Lewis to Roy. 5. I also believe that a case can be made for the Army to pay a portion of the cost since they will benefit from improved security and greater flexibility in operations of their range areas by removal of the tracks. 6. Does your purchase agreement with the BNSF say anything about keeping the line open? Please call me with any thoughts or questions. Charlie B. >>> "Shelly Badger" <shellyb@ci.yelm.wa.us> 11/03/04 07:59AM >>> Let's wait until we can all get a better understanding of the issues. I am sure that the State Rail Office will be in attendance at the meeting that Jailyn is working on setting up. I will let you know as I would like you to attend also. Thanks Charlie, Shelly Shelly Badger Yelm City Administrator shellyb@ci.yelm.wa.us P.O. Box 479 Yelm, WA 98597 360-458-8405 -----Original Message----- From: Charles Burnham [mailto:Ceb@deainc.com] Sent: Wednesday, November 03, 2004 3:28 PM To: Shelly Badger Subject: Re: FW: Lakewood-Roy line status Shelly, Have you spoken withRay Allred at WSDOT recently? I was wondering whether he is actively pursuing funding for the connection. I can call him if you like. Charlie B. >>> "Shelly Badger" <shellyb@ci.yelm.wa.us> 11/03/04 01: 19AM >>> 1 In the 2005 workplan of the Thurston Regional Planning Council (of which Yelm is a member) , it is identified for TRPC to work with its partners to initiate a regional freight mobility strategy, as well as to initiate a regional rail vision and implementation strategy for both freight and passenger rail. Jailyn Brown, an Associate Planner with TRPC, is the lead staff person beginning to work on this project. In her preliminary research, she has uncovered the following activity (which differs from my last update in September) . She is starting to make connections with all the players including Tacoma Rail, Sound Transit and BNSF (thru the state rail office) . When I spoke with her last week, we talked of a meeting bringing all the parties together in the near future. She will be coordinating that and I will keep in touch as some of you may want to attend. Start at the bottom of this e-mail series for the initial communication between Stephen Anderson, WSDOT State Rail Services Manager and Jerome Johnson from BNSF. Thanks, Shelly Shelly Badger Yelm City Administrator shellyb@ci.yelm.wa.us P.O. Box 479 Yelm, WA 98597 360-458-8405 -----Original Message----- From: Jailyn Brown [mailto:brownj@trpc.org] Sent: Thursday, October 28, 2004 4:58 PM To: 'Badger, Shelly' Subject: FW: Lakewood-Roy line status Shelly -- The correspondence below is the latest info I have regarding potential abandonment of the Roy to Lakewood Prairie Line. In short, here's where I think things stand: * BNSF intends to abandon a portion of the Roy to Lakewood Line, apparently continuing service to Fort Lewis. WSDOT Rail Office is tracking developments for us. * Sound Transit cannot acquire any of the Roy to Lakewood line because it is not in their existing development plan. * SDDC (Army Logistics) and MARAD (Merchant Fleet) want to understand how rail service operates between Fort Lewis and both Olympia and Tacoma. They are also interested in various issues involving the Prairie Line, Tacoma Rail Mountain Division, Sound Transit's Lakewood Subdivision and the BNSF mainline. * I will help pull together a meeting of the interested parties to help answer the Army's/MARAD's questions and explore implications/options regarding the abandonment. Don't know the timing on this yet, but I will let you know as soon as I do. I'll see you at the end of November, if not sooner. Thanks for your help. I'll keep you posted if anything else comes up. -- Jailyn -----Original Message From: Anderson, Stephen [mailto:AndeSt@wsdot.wa.gov] Sent: Thursday, October 28, 2004 3:35 PM To: Jailyn Brown; Uznanski, Ken Cc: Allred, Ray; Fredrickson, Kirk Subject: FW: Lakewood-Roy line status 2 -----Original Message----- From: Johnson, Jerome M [mailto:Jerome.Johnson@bnsf.com] Sent: Thursday, October 28, 2004 3:24 PM To: 'Anderson, Stephen' Subject: RE: Lakewood-Roy line status My guess is that Dennis Dean will be seeing you for money to do this. We will support, but not financially, him if our conditions are met. -----Original Message----- From: Anderson, Stephen [mailto:AndeSt@wsdot.wa.gov] Sent: Thursday, October 28, 2004 5:13 PM To: 'Johnson, Jerome M' Cc: Uznanski, Ken; Allred, Ray Subject: RE: Lakewood-Roy line status Thx. Pls. give me as much advance notice as possible if you proceed on this. Original Message----- From: Johnson, Jerome M [mailto:Jerome.Johnson@bnsf.com] Sent: Thursday, October 28, 2004 3:10 PM To: 'Anderson, Stephen' Subject: RE: Lakewood-Roy line status We would abandon and liquidate most of Roy back up to Mobase, the Fort Lewis loadout facility, if TacRail can find the resources to build over to our line at Roy. I also think most of the land is military easement, but have not done any detailed research into it. To effect this, though, we would need to get an uncontested abandonment between Mobase and Roy - no OFA's - and retain whatever scrap and fee title real estate there might be for us. More later. -----Original Message----- From: Anderson, Stephen [mailto:AndeSt@wsdot.wa.gov] Sent: Thursday, October 28, 2004 2:00 PM To: Jerome Johnson (E-mail) Cc: John Karl (E-mail) ; Allred, Ray Subject: Lakewood-Roy line status Jerry - I understand that BNSF is at the point of abandoning/selling most of the Lakewood-Roy line, assuming the customers at the south end can somehow be hooked up to the Tacoma Rail line nearby. What's the status on that line? What sort of price do you think you would put upon it? Nearly all the land must be military easement, so the value is probably going to mostly be the value of the scrap track. Stephen M. Anderson Rail Services Manager Washington Dept. of Transportation PT&R Rail Office 3 (360) 705-6903 (360) 705-6821 fax (360) 790-4833 cell/pager 4 Message Page 1 of 3 Shelly Badger .............................................................................................................................................................................................................................................................. From: Shelly Badger Sent: Wednesday, November 03, 2004 7:16 AM To: Jailyn Brown (brownj@trpc.org) Subject: FW: Lakewood-Roy line status Jailyn, when I forwarded your e-mail to the Yelm group, I received this question from Barrie Wilcox. He is actually the only current user on the line (other than Fort Lewis) from Yelm to Lakeview. He has the feed facility right in DT Roy for Wilcox farms and has feed delivered via rail. Do you have a suggestion on how to answer him, maybe we need to wait until the meeting you are setting up where we have all the parties around the table? I honestly feel that as a group if we work together, we will be more powerful that one of us expressing concerns. Thanks, Shelly Shelly Badger Yelm City Administrator shellyb(&ci.yelm.wa.us P.O. Box 479 Yelm, WA 98597 360-458-8405 -----Original Message----- From: Barrie Wilcox [mailto:bwilcox@wilcoxfarms.net] Sent: Wednesday, November 03, 2004 3:08 PM To: Shelly Badger Subject: RE: Lakewood-Roy line status Shelly: Thanks for including me in this email. I am concerned about the implications of BSNF abandoning the Ft. Lewis-Roy line and the timing of getting Tacoma Rail to connect to our feedmill in Roy. Do you have suggestions on who I should contact to voice my concerns? I had Cong. Smith's office contact the BNSF and their reply was that they were not going to turn over the military business and our account to Tacoma and would provide better service. Any of your thoughts on this I would appreciate. Thanks Barrie .........................................................................................................................................................................................................................................................I........... From: Shelly Badger [mailto:shellyb@ci.yelm.wa.us] Sent: Wednesday, November 03, 2004 1:19 AM To: Adam Rivas; Joe Williams; Charlie Burnham; Ray Bourne; Barrie Wilcox; Jerry Trudeau Subject: FW: Lakewood-Roy line status Importance: High In the 2005 workplan of the Thurston Regional Planning Council(of which Yelm is a member), it is identified for TRPC to work with its partners to initiate a regional freight mobility strategy, as well as to initiate a regional rail vision and implementation strategy for both freight and passenger rail. Jailyn Brown, an Associate Planner with TRPC, is the lead staff person beginning to work on this project. In her preliminary research, she has uncovered the following activity(which differs from my last update in September). She is starting to make connections with all the players including Tacoma Rail, Sound Transit and BNSF (thru the state rail office). When I spoke with her last week, we talked of a meeting bringing all the parties together in the near future. She will be coordinating that and I will keep in touch as some of you may want to 11/3/2004 Message Page 1 of 3 Shelly Badger ............................................................................................................................................................................................................................................................... From: Shelly Badger Sent: Wednesday, November 03, 2004 1:22 AM To: Grant Beck; Tim Peterson Subject: FW: Lakewood-Roy line status Importance: High Tim, latest information from Jailyn regarding the rail line from Roy to Lakeview. Wanted you to be in the loop for our meeting with her on November 30th. Thanks, Shelly Shelly Badger Yelm City Administrator shellyb(cbci.yelm.wa.us P.O. Box 479 Yelm, WA 98597 360-458-8405 -----Original Message----- From: Shelly Badger Sent: Wednesday, November 03, 2004 1:19 AM To: Adam Rivas; Joe Williams; Charlie Burnham; Ray Bourne; Barrie Wilcox; Jerry Trudeau Subject: FW: Lakewood-Roy line status Importance: High In the 2005 workplan of the Thurston Regional Planning Council(of which Yelm is a member), it is identified for TRPC to work with its partners to initiate a regional freight mobility strategy, as well as to initiate a regional rail vision and implementation strategy for both freight and passenger rail. Jailyn Brown, an Associate Planner with TRPC, is the lead staff person beginning to work on this project. In her preliminary research, she has uncovered the following activity (which differs from my last update in September). She is starting to make connections with all the players including Tacoma Rail, Sound Transit and BNSF (thru the state rail office). When I spoke with her last week, we talked of a meeting bringing all the parties together in the near future. She will be coordinating that and I will keep in touch as some of you may want to attend. Start at the bottom of this e-mail series for the initial communication between Stephen Anderson, WSDOT State Rail Services Manager and Jerome Johnson from BNSF. Thanks, Shelly Shelly Badger Yelm City Administrator shellyb@_ci.yelm.wa.us P.O. Box 479 Yelm, WA 98597 360-458-8405 -----Original Message----- From: Jailyn Brown [mailto:brownj@trpc.org] Sent: Thursday, October 28, 2004 4:58 PM To: 'Badger, Shelly' Subject: FW: Lakewood-Roy line status Shelly-- 11/3/2004 -11/3/2004 Message Page 2 of 3 The correspondence below is the latest info I have regarding potential abandonment of the Roy to Lakewood Prairie Line. In short, here's where I think things stand: * BNSF intends to abandon a portion of the Roy to Lakewood Line, apparently continuing service to Fort Lewis. WSDOT Rail Office is tracking developments for us. *Sound Transit cannot acquire any of the Roy to Lakewood line because it is not in their existing development plan. *SDDC (Army Logistics)and MARAD (Merchant Fleet)want to understand how rail service operates between Fort Lewis and both Olympia and Tacoma. They are also interested in various issues involving the Prairie Line, Tacoma Rail Mountain Division, Sound Transit's Lakewood Subdivision and the BNSF mainline. * I will help pull together a meeting of the interested parties to help answer the Army's/MARAD's questions and explore implications/options regarding the abandonment. Don't know the timing on this yet, but I will let you know as soon as I do. I'll see you at the end of November, if not sooner. Thanks for your help. I'll keep you posted if anything else comes up. -- Jailyn -----Original Message----- From: Anderson, Stephen [mailto:AndeSt@wsdot.wa.gov] Sent: Thursday, October 28, 2004 3:35 PM To: Jailyn Brown; Uznanski, Ken Cc: Allred, Ray; Fredrickson, Kirk Subject: FW: Lakewood-Roy line status -----Original Message----- From: Johnson, Jerome M [mailto:Jerome.Johnson@bnsf.com] Sent: Thursday, October 28, 2004 3:24 PM To: 'Anderson, Stephen' Subject: RE: Lakewood-Roy line status My guess is that Dennis Dean will be seeing you for money to do this. We will support, but not financially, him if our conditions are met. -----Original Message----- From: Anderson, Stephen [mailto:AndeSt@wsdot.wa.gov] Sent: Thursday, October 28, 2004 5:13 PM To: 'Johnson, Jerome M' Cc: Uznanski, Ken; Allred, Ray Subject: RE: Lakewood-Roy line status Thx. PIs. give me as much advance notice as possible if you proceed on this. -----Original Message----- From: Johnson, Jerome M [mailto:Jerome.Johnson@bnsf.com] Sent: Thursday, October 28, 2004 3:10 PM To: 'Anderson, Stephen' Subject: RE: Lakewood-Roy line status We would abandon and liquidate most of Roy back up to Mobase,the Fort Lewis loadout facility,if 11/3/2004 Message Page 3 of 3 TacRail can find the resources to build over to our line at Roy. I also think most of the land is military easement,but have not done any detailed research into it. To effect this,though,we would need to get an uncontested abandonment between Mobase and Roy-no OFA's-and retain whatever scrap and fee title real estate there might be for us. More later. -----Original Message----- From:Anderson,Stephen[mailto:AndeStnwsdot.wa.gov] Sent:Thursday,October 28,2004 2:00 PM To:Jerome Johnson(E-mail) Cc:John Karl(E-mail);Allred,Ray Subject:Lakewood-Roy line status Jerry-I understand that BNSF is at the point of abandoning/selling most of the Lakewood-Roy line,assuming the customers at the south end can somehow be hooked up to the Tacoma Rail line nearby. What's the status on that line? What sort of price do you think you would put upon it? Nearly all the land must be military easement,so the value is probably going to mostly be the value of the scrap track. Stephen M.Anderson Rail Services Manager Washington Dept.of Transportation PT&R Rail Office (360)705-6903 (360)705-6821 fax (360)790-4833 cell/pager 11/3/2004 1 Shelly Badger From: Shelly Badger Sent: Friday, September 24, 2004 11:23 AM To: Adam Rivas; Ray Bourne; Barrie Wilcox; Jerry Trudeau; Joe Williams Cc: Charlie Burnham Subject: FW: Update on Tacoma Rail See information update below from Charlie Burnham (thanks Charlie! ) . It looks like the timeline for Tacoma Rail to operate the freight on BNSF will be a trigger for hopefully improved service on the Roy-Lakeview line, is that correct, Charlie? There will be more information to follow as it becomes available. Thanks, Shelly Shelly Badger Yelm City Administrator shellyb@ci.yelm.wa.us P.O. Box 479 Yelm, WA 98597 360-458-8405 Original Message----- From: Charles Burnham [mailto:Ceb@deainc.com] Sent: Friday, September 24, 2004 11: 07 AM To: Shelly Badger Subject: Re: Update on Tacoma Rail Shelly, Sorry this took a while to get back to you. I was trying to wait for the final details of the deal between BNSF and Tacoma Rail for the operation of the Tacoma-Nisqually-Yelm and the Olympia branch lines. Apparently, the deals is in the process of being approved by the city council and the BNSF board. The information that I have now is as follows. 1. Sound Transit (ST) has a purchase agreement with the BNSF for the Tacoma-Nisqually and Lakewood to Roy branch lines. The purchase is to be finalized over the next two years. ST will operate commuter rail on the line from Lakewood through Tacoma. 2. ST will be responsible for maintenance of the tracks and structures on the lines. 3. BNSF will dispatch the trains on the lines. 4. Tacoma Rail (TR) has negotiated an agreement with BNSF to operate freight service on the lines for the BNSF. The time line for the change to TR is not currently available. S. TR will also have trackage rights on the BNSF mainline from Nisqually south to East Olympia. 6. BNSF will still provide rail service with their trains to Fort Lewis. I will update this information as it becomes available. Charlie B. >>> "Shelly Badger" <shellyb@ci.yelm.wa.us> 08/25/04 02:50PM >>> Charlie, I have been in meetings all week (including today) and will be out of the office Thursday and Friday for a medical emergency in our family. Could you please update the group in this e-mail on what you discovered from talking with Dennis Dean with Tacoma Rail and their recent deal with Burlington Northern. Thanks, Shelly Shelly Badger Yelm City Administrator shellyb@ci.yelm.wa.us P.O. Box 479 Yelm, WA 98597 360-458-8405 1 cc: Joe Williams Ray Bourne Barrie Wilcox Jerry Trudeau 2 Shelly Badger From: Charles Burnham [Ceb@deainc.com] Sent: Friday, September 24, 2004 11:28 AM To: Shelly Badger Subject: Re: FW: Update on Tacoma Rail I certainly hope so. As soon as TR takes over, it might be a good idea to get together with them to discuss service issues. Either with Ron Ernst or Dennis Dean. Charlie B. >>> "Shelly Badger" <shellyb@ci.yelm.wa.us> 09/24/04 11:23AM >>> See information update below from Charlie Burnham (thanks Charlie! ) . It looks like the timeline for Tacoma Rail to operate the freight on BNSF will be a trigger for hopefully improved service on the Roy-Lakeview line, is that correct, Charlie? There will be more information to follow as it becomes available. Thanks, Shelly Shelly Badger Yelm City Administrator shellyb@ci.yelm.wa.us P.O. Box 479 Yelm, WA 98597 360-458-8405 -----Original Message----- From: Charles Burnham [mailto:Ceb@deainc.com] Sent: Friday, September 24, 2004 11: 07 AM To: Shelly Badger Subject: Re: Update on Tacoma Rail Shelly, Sorry this took a while to get back to you. I was trying to wait for the final details of the deal between BNSF and Tacoma Rail for the operation of the Tacoma-Nisqually-Yelm and the Olympia branch lines. Apparently, the deals is in the process of being approved by the city council and the BNSF board. The information that I have now is as follows. 1. Sound Transit (ST) has a purchase agreement with the BNSF for the Tacoma-Nisqually and Lakewood to Roy branch lines. The purchase is to be finalized over the next two years. ST will operate commuter rail on the line from Lakewood through Tacoma. 2. ST will be responsible for maintenance of the tracks and structures on the lines. 3. BNSF will dispatch the trains on the lines. 4. Tacoma Rail (TR) has negotiated an agreement with BNSF to operate freight service on the lines for the BNSF. The time line for the change to TR is not currently available. 5. TR will also have trackage rights on the BNSF mainline from Nisqually south to East Olympia. 6. BNSF will still provide rail service with their trains to Fort Lewis. I will update this information as it becomes available. Charlie B. >>> "Shelly Badger" <shellyb@ci.yelm.wa.us> 08/25/04 02:50PM >>> Charlie, I have been in meetings all week (including today) and will be out of the office Thursday and Friday for a medical emergency in our family. Could you please update the group in this e-mail on what you discovered from talking with Dennis Dean with Tacoma Rail and their recent deal with Burlington Northern. Thanks, Shelly Shelly Badger Yelm City Administrator 1 Shelly Badger From: Barrie Wilcox [bvAlcox@wilcoxfarms.net] Sent: Friday, September 24, 2004 11:34 AM To: Shelly Badger; Adam Rivas; Ray Bourne; Barrie Wilcox; Jerry Trudeau; Joe Williams Cc: Charlie Burnham Subject: RE: Update on Tacoma Rail First of all thanks for the information. Our rail service the last 3 months from BNSF has been very poor and so we have been trying to find out what can be done to get improvements. We asked Congressman Smith's office to help and they contacted BNSF about a month ago and their reply was that they were going to turn over everything except Ft. Lewis and our account to Tacoma Rail. They said that they then could concentrate on these two accounts to improve service. Charlie, what is your take on what BNSF is going to do in the future. Thanks Barrie -----Original Message----- From: Shelly Badger [mailto:shellyb@ci.yelm.wa.us] Sent: Friday, September 24, 2004 11:23 AM To: Adam Rivas; Ray Bourne; Barrie Wilcox; Jerry Trudeau; Joe Williams Cc: Charlie Burnham Subject: FW: Update on Tacoma Rail See information update below from Charlie Burnham (thanks Charlie! ) . It looks like the timeline for Tacoma Rail to operate the freight on BNSF will be a trigger for hopefully improved service on the Roy-Lakeview line, is that correct, Charlie? There will be more information to follow as it becomes available. Thanks, Shelly Shelly Badger Yelm City Administrator shellyb@ci.yelm.wa.us P.O. Box 479 Yelm, WA 98597 360-458-8405 -----Original Message From: Charles Burnham [mailto:Ceb@deainc.com] Sent: Friday, September 24, 2004 11: 07 AM To: Shelly Badger Subject: Re: Update on Tacoma Rail Shelly, Sorry this took a while to get back to you. I was trying to wait for the final details of the deal between BNSF and Tacoma Rail for the operation of the Tacoma-Nisqually-Yelm and the Olympia branch lines. Apparently, the deals is in the process of being approved by the city council and the BNSF board. The information that I have now is as follows. 1. Sound Transit (ST) has a purchase agreement with the BNSF for the Tacoma-Nisqually and Lakewood to Roy branch lines. The purchase is to be finalized over the next two years. ST will operate commuter rail on the line from Lakewood through Tacoma. 2. ST will be responsible for maintenance of the tracks and structures on the lines. 3. BNSF will dispatch the trains on the lines. 4. Tacoma Rail (TR) has negotiated an agreement with BNSF to operate freight service on the lines for the BNSF. The time line for the change to TR is not currently available. 5. TR will also have trackage rights on the BNSF mainline from Nisqually south to East Olympia. 6. BNSF will still provide rail service with their trains to Fort Lewis. 1 I will- update this information as it becomes available. Charlie B. >>> "Shelly Badger" <shellyb@ci.yelm.wa.us> 08/25/04 02:50PM >>> Charlie, I have been in meetings all week (including today) and will be out of the office Thursday and Friday for a medical emergency in our family. Could you please update the group in this e-mail on what you discovered from talking with Dennis Dean with Tacoma Rail and their recent deal with Burlington Northern. Thanks, Shelly Shelly Badger Yelm City Administrator shellyb@ci.yelm.wa.us P.O. Box 479 Yelm, WA 98597 360-458-8405 cc: Joe Williams Ray Bourne Barrie Wilcox Jerry Trudeau 2