Title 45 — Railroads
Chapter 17 — Railroad Revitalization and Regulatory Reform
§ 802. Definitions
Statutory text
As used in this Act, unless the context otherwise indicates, the term—
“Association” means the United States Railway Association;
“Commission” means the Interstate Commerce Commission;
“Corporation” means the Consolidated Rail Corporation;
“final system plan” means the final system plan and any additions thereto adopted by the Association pursuant to the Regional Rail Reorganization Act of 1973 (45 U.S.C. 701 et seq.);
“includes” and variants thereof should be read as if the phrase “but is not limited to” were also set forth;
“Office” means the Rail Services Planning Office of the Commission;
“railroad” has the meaning given that term in section 20102 of title 49; and
“Secretary” means the Secretary of Transportation or his designated representative.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Railroad Revitalization and Regulatory Reform Act of 1976
Pub. L. 94–210 title I § 102 · 90 Stat. 31
Enacted · 45 U.S.C. § 802
Pub. L. 94–210, title I, § 102, Feb. 5, 1976, 90 Stat. 33
Source evidence
Code source credit
Pub. L. 94–210, title I, § 102, Feb. 5, 1976, 90 Stat. 33Enacted provision · exact public law section
Sec. 102. definitions As used in this Act, unless the context otherwise indicates, 45 USC 802. the term— (1) “Association” means the United States Railway Association; (2) “Commission” means the Interstate Commerce Commission; (3) “Corporation” means the Consolidated Rail Corporation; (4) “final system plan” means the final system plan and any additions thereto adopted by the Association pursuant to the Regional Rail Reorganization Act of 1973 (45 U.S.C. 701 et seq.); (5) “includes” and variants thereof should be read as if the phrase “but is not limited to” were also set forth; (6) “Office” means the Rail Services Planning Office of the Commission; (7) “railroad” means a common carrier by railroad or express, as defined in section 1(3) of the Interstate Commerce Act (49 U.S.C. 1(3)), and includes the National Railroad Passenger Corporation and the Alaska Railroad; and (8) “Secretary” means the Secretary of Transportation or his designated representative.Alaska Railroad Transfer Act of 1982
Pub. L. 97–468 title VI § 615(b)(2) · 96 Stat. 2543
Struck · 45 U.S.C. § 802(7)
Pub. L. 97–468 struck out “and the Alaska Railroad” before the semicolon at end
Source evidence
Code amendment note
Par. (7). Pub. L. 97–468 struck out “and the Alaska Railroad” before the semicolon at end.Enacted provision · exact public law section
(2) Section 102(7) of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 802(7)) is amended by striking “and the Alaska Railroad”.ICC Termination Act of 1995
Pub. L. 104–88 title III § 330(1) · 109 Stat. 803
Substituted · 45 U.S.C. § 802(7)
Pub. L. 104–88 substituted “rail carrier subject to part A of subtitle IV of title 49” for “common carrier by railroad or express, as defined in section 1(3) of the Interstate Commerce Act (49 U.S.C. 1(3))”
Source evidence
Code amendment note
Par. (7). Pub. L. 104–88 substituted “rail carrier subject to part A of subtitle IV of title 49” for “common carrier by railroad or express, as defined in section 1(3) of the Interstate Commerce Act (49 U.S.C. 1(3))”.Enacted provision · exact public law section
(1) in section 102(7) (45 U.S.C. 802(7)) by striking “common carrier by railroad or express, as defined in section 1(3) of the Interstate 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 States Code”;Effective date note
Amendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 1301 of Title 49, Transportation.Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users
Pub. L. 109–59 title IX § 9003(a) · 119 Stat. 1144
Amended · 45 U.S.C. § 802(7)
Pub. L. 109–59 amended par. (7) generally. Prior to amendment, par. (7) read as follows: “ ‘railroad’ means a rail carrier subject to part A of subtitle IV of title 49, and includes the National Railroad Passenger Corporation; and”
Source evidence
Code amendment note
Par. (7). Pub. L. 109–59 amended par. (7) generally. Prior to amendment, par. (7) read as follows: “ ‘railroad’ means a rail carrier subject to part A of subtitle IV of title 49, and includes the National Railroad Passenger Corporation; and”.Enacted provision · exact public law section
(a) Definition.— Section 102(7) of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 802(7)) is amended to read as follows: “(7) ‘railroad’ has the meaning given that term in section 20102 of title 49, United States Code; and” .
4 of 4 references resolved to an enrolled provision
Editorial Notes
References in Text
This Act, referred to in text, means Pub. L. 94–210, , 90 Stat. 31, known as the Railroad Revitalization and Regulatory Reform Act of 1976. For complete classification of this Act to the Code, see Short Title note set out under section 801 of this title and Tables.
The Regional Rail Reorganization Act of 1973, referred to in par. (4), is Pub. L. 93–236, , 87 Stat. 985, which is classified principally to chapter 16 (§ 701 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 701 of this title and Tables.
Amendments1983–2005 · 3 rounds
2005
Par. (7). Pub. L. 109–59 amended par. (7) generally. Prior to amendment, par. (7) read as follows: “ ‘railroad’ means a rail carrier subject to part A of subtitle IV of title 49, and includes the National Railroad Passenger Corporation; and”.
1995
Par. (7). Pub. L. 104–88 substituted “rail carrier subject to part A of subtitle IV of title 49” for “common carrier by railroad or express, as defined in section 1(3) of the Interstate Commerce Act (49 U.S.C. 1(3))”.
1983
Par. (7). Pub. L. 97–468 struck out “and the Alaska Railroad” before the semicolon at end.
Statutory Notes and Related Subsidiaries
Effective Date of 1995 Amendment
Amendment by Pub. L. 104–88 effective , see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 1301 of Title 49, Transportation.
Effective Date of 1983 Amendment
Amendment by Pub. L. 97–468 effective on date of transfer of Alaska Railroad to the State [], pursuant to section 1203 of this title, see section 615(b) of Pub. L. 97–468.
Abolition of Interstate Commerce Commission and Transfer of Functions
Interstate Commerce Commission abolished and functions of Commission transferred, except as otherwise provided in Pub. L. 104–88, to Surface Transportation Board effective , by section 1302 of Title 49, Transportation, and section 101 of Pub. L. 104–88, set out as a note under section 1301 of Title 49. References to Interstate Commerce Commission deemed to refer to Surface Transportation Board, a member or employee of the Board, or Secretary of Transportation, as appropriate, see section 205 of Pub. L. 104–88, set out as a note under section 1301 of Title 49.