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Title 49 — Transportation

Chapter 5 — Special Authority

§ 501. Definitions and application

Statutory text

(a)

In this chapter—

(1)

the definitions in sections 10102 and 13102 of this title apply.

(2)

“migrant worker” has the same meaning given that term in section 31501 of this title.

(3)

“motor carrier of migrant workers” means a motor carrier of migrant workers subject to the jurisdiction of the Secretary of Transportation under section 31502(c) of this title.

(b)

Application.—

This chapter only applies in carrying out sections 20302(a)(1)(B) and (C), (2), and (3), (c), and (d)(1) and 20303 and chapters 205 (except section 20504(b)), 211, 213 (in carrying out those sections and chapters), and 315 of this title.

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.

  1. Pub. L. 97–449 § 1(b) · 96 Stat. 2413

    Enacted · 49 U.S.C. § 501

    Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2431

    Source evidence

    Code source credit
    Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2431

    Enacted provision · exact public law section
    (b) Title 49, United States Code, is amended by striking out the table of subtitles at the beginning of the title and substituting the following new table of subtitles and subtitles I and II:

  2. Pub. L. 98–216 § 2(2) · 98 Stat. 3

    Substituted · 49 U.S.C. § 501(b)(2)

    Pub. L. 98–216 substituted “49 App. U.S.C.” for “49 U.S.C.”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 98–216 substituted “49 App. U.S.C.” for “49 U.S.C.”.

    Enacted provision · exact public law section
    (2) In sections 103(c)(1), 106 (g)(1) and (h), 302(b), 321, 329 (b)(1) and (d), 334, and 501(b)(2), strike out “49 U.S.C.” wherever it appears and 96 Stat. 2415, 2416, 2419, 2422, 2426, 2430, 2431. 96 Stat. 2421. substitute “49 App. U.S.C.”.

  3. Intermodal Safe Container Transportation Act of 1992

    Pub. L. 102–548 § 2(c) · 106 Stat. 3646

    Added · 49 U.S.C. § 501(a)(4)(9)

    Pub. L. 102–548 added pars. (4) to (9)

    Source evidence

    Code amendment note
    Subsec. (a)(4) to (9). Pub. L. 102–548 added pars. (4) to (9).

    Enacted provision · exact public law section
    (c) Definitions.— Section 501(a) of such title is amended by adding at the end the following new paragraphs: “(4) ‘beneficial owner’ means a person who does not have title to property but has ownership rights in the property. For purposes of this paragraph, a trustee of property in transit from an overseas point of origin who is domiciled in or is doing business in the United States shall be treated as a beneficial owner of such property. A carrier, agent of a carrier, broker, customs broker, freight forwarder, warehouseman, or terminal operator providing or arranging for any portion of intermodal transportation of property shall in no case be a beneficial owner of such property, for purposes of this para-graph, solely by reason of providing or arranging for such transportation. “(5) ‘carrier’ means— “(A) a motor carrier, water carrier, and rail carrier (as such terms are defined in section 10102 of this title), and “(B) an ocean common carrier (as such term is defined in section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702)), providing transportation of property in commerce. “(6) ‘container’ has the meaning given the term ‘freight container’ by the International Standards Organization in Series 1, Freight Containers, 3rd Edition (reference number IS0668–1979(E)), including successive revisions thereto, and similar containers that are used in providing transportation in interstate commerce. “(7) ‘initial carrier’ means the first carrier transporting a loaded container or trailer in intermodal transportation. “(8) ‘intermodal transportation’ means successive carriage of a loaded container or trailer from an origin point to a destination point by more than one mode of transportation in interstate or foreign commerce. Such term shall include carriage by more than one mode of transportation in interstate or foreign commerce both under a single bill of lading and under separate bills of lading. “(9) ‘trailer’ means a nonpower, cargo carrying, trailing unit which is designed for use in combination with a truck tractor.”.

  4. Pub. L. 103–272 § 5(m)(9)(A) · 108 Stat. 745

    Substituted · 49 U.S.C. § 501(a)(2)

    Pub. L. 103–272, § 5(m)(9)(A), substituted “section 31501” for “section 3101”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 103–272, § 5(m)(9)(A), substituted “section 31501” for “section 3101”.

    Enacted provision · exact public law section
    (A) in subsection (a)(2), strike “section 3101” and substitute “section 31501”;

  5. Pub. L. 103–272 § 5(m)(9)(B) · 108 Stat. 745

    Substituted · 49 U.S.C. § 501(a)(3)

    Pub. L. 103–272, § 5(m)(9)(B), substituted “section 31502(c)” for “section 3102(c)”

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 103–272, § 5(m)(9)(B), substituted “section 31502(c)” for “section 3102(c)”.

    Enacted provision · exact public law section
    (B) in subsection (a)(3), strike “section 3102(c)” and substitute “section 31502(c)”; and

  6. Pub. L. 103–272 § 4(j)(11)(A) · 108 Stat. 745

    Struck · 49 U.S.C. § 501(a)(4)(9)

    Pub. L. 103–272, § 4(j)(11)(A), struck out pars. (4) to (9) which defined “beneficial owner”, “carrier”, “container”, “initial carrier”, “intermodal transportation”, and “trailer”, respectively

    Source evidence

    Code amendment note
    Subsec. (a)(4) to (9). Pub. L. 103–272, § 4(j)(11)(A), struck out pars. (4) to (9) which defined “beneficial owner”, “carrier”, “container”, “initial carrier”, “intermodal transportation”, and “trailer”, respectively.

    Enacted provision · exact public law section
    (A) In section 501(a), strike clauses (4)–(9).

  7. Pub. L. 103–272 § 5(m)(9)(C) · 108 Stat. 745

    1. Added · 49 U.S.C. § 501(b)

      Pub. L. 103–272, § 5(m)(9)(C), added subsec. (b)

    2. Struck · 49 U.S.C. § 501(b)

      Pub. L. 103–272, § 5(m)(9)(C), struck out former subsec. (b) which read as follows: “This chapter only applies in carrying out—

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 103–272, § 5(m)(9)(C), added subsec. (b) and struck out former subsec. (b) which read as follows: “This chapter only applies in carrying out—

    “(1) chapter 31 of this title; and “(2) other duties and powers transferred to the Secretary under section 6(e) of the Department of Transportation Act (49 App. U.S.C. 1655(e)) and vested in the Interstate Commerce Commission before October 15, 1966.”

    Enacted provision · exact public law section
    (C) strike subsection (b) and substitute the following: “(b) Application.— This chapter only applies in carrying out sections 20302(a)(1)(B) and (C), (2), and (3), (c), and (d)(1) and 20303 and chapters 205 (except section 20504(b)), 211, 213 (in carrying out those sections and chapters), and 315 of this title.”.

  8. ICC Termination Act of 1995

    Pub. L. 104–88 title III § 308(c)(2) · 109 Stat. 803

    Substituted · 49 U.S.C. § 501(a)(1)

    Pub. L. 104–88 substituted “sections 10102 and 13102” for “section 10102”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 104–88 substituted “sections 10102 and 13102” for “section 10102”.

    Enacted provision · exact public law section
    (2) in section 501(a)(1) by striking “section 10102” and inserting in lieu thereof “sections 10102 and 13102”.

    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 this title.

9 of 9 references resolved to an enrolled provision

Notes

historicalAndRevision
Historical and Revision Notes
Pub. L. 97–449
RevisedSectionSource (U.S. Code)Source (Statutes at Large)
501(a)(no source).
501(b)45:15.Apr. 14, 1910, ch. 160, § 6, 36 Stat. 299.
 49:26(g).Feb. 4, 1887, ch. 104, 24 Stat. 379, § 25(g); added Aug. 26, 1937, ch. 818, 50 Stat. 837; Sept. 18, 1940, ch. 722, § 14(b), 54 Stat. 919.
 49:1655(f)(2).Oct. 15, 1966, Pub. L. 89–670, § 6(f)(2), 80 Stat. 940.

In the chapter, the source provisions are those in effect on , the day before the effective date of the Department of Transportation Act (Pub. L. 89–670, 80 Stat. 931), because 49:1655(f)(2) gave the Secretary of Transportation the same powers enumerated in 49:1655(f)(2) that the Interstate Commerce Commission had before certain duties and powers under 49:1655(e) were transferred on , from the Commission to the Secretary. All references to brokers in the source provisions are omitted as not being applicable to the duties and powers transferred to the Secretary of Transportation.

Subsection (a) is included to ensure that the identical definitions that are relevant are used without repeating them. The source provisions for the definitions are found in the revision notes for sections 3101, 3102(c), and 10102 of the revised title.

In subsection (b), the provisions of law to which the chapter applies are only certain laws listed in 49:1655(e). Those laws include the source provisions restated in chapter 31 of the revised title and 45:4, 5, 6 (in carrying out 45:4 and 5), 11, 12, 13 (proviso), 13 (less proviso in carrying out 45:11, 12, and 13 (proviso)), and 61–64b, and 49:26(a)–(f) (words before last semicolon) and (h). The administrative powers of the Secretary under the chapter are based on the administrative powers of 49:1655(f)(2). That provision lists administrative powers the Commission had under the Interstate Commerce Act (ch. 104, 24 Stat. 379) to carry out the Act, and certain other laws authorized the Commission to use its powers under the Act to carry out those other laws. The administrative powers listed in 49:1655(f)(2) and codified in the chapter therefore apply only to a law listed in 49:1655(e) that was a part of the Interstate Commerce Act or to which the powers of the Commission under the Act were applied. The text of 45:61–64b is included because section 4 of the Act of March 4, 1907 (ch. 2939, 34 Stat. 1417), stated, “It shall be the duty of the Interstate Commerce Commission to execute and enforce the provisions of this Act, and all powers granted to the Interstate Commerce Commission are hereby extended to it in the execution of this Act”. The transfer to the Secretary was executed on . The Act of , was restated by the Act of (Pub. L. 91–169, 83 Stat. 463); section 4 was not included in the restatement. However, repeal by implication is not favored and the transfer was completed on . Therefore, the text of 45:61–64b is included within the scope of the chapter. The text of 49:304(a)(3) (last sentence 1st–7th words) and (3a) (last sentence 1st–5th words) is omitted as executed.

Pub. L. 103–272

Section 4(j)(11) makes conforming amendments to 49:ch. 5 to reflect the restatement of 49:508 and related provisions in chapter 59 of the revised title.

Editorial Notes

Amendments1984–1995 · 4 rounds

1995

Subsec. (a)(1). Pub. L. 104–88 substituted “sections 10102 and 13102” for “section 10102”.

1994

Subsec. (a)(2). Pub. L. 103–272, § 5(m)(9)(A), substituted “section 31501” for “section 3101”.

Subsec. (a)(3). Pub. L. 103–272, § 5(m)(9)(B), substituted “section 31502(c)” for “section 3102(c)”.

Subsec. (a)(4) to (9). Pub. L. 103–272, § 4(j)(11)(A), struck out pars. (4) to (9) which defined “beneficial owner”, “carrier”, “container”, “initial carrier”, “intermodal transportation”, and “trailer”, respectively.

Subsec. (b). Pub. L. 103–272, § 5(m)(9)(C), added subsec. (b) and struck out former subsec. (b) which read as follows: “This chapter only applies in carrying out—

“(1) chapter 31 of this title; and

“(2) other duties and powers transferred to the Secretary under section 6(e) of the Department of Transportation Act (49 App. U.S.C. 1655(e)) and vested in the Interstate Commerce Commission before .”

1992

Subsec. (a)(4) to (9). Pub. L. 102–548 added pars. (4) to (9).

1984

Subsec. (b)(2). Pub. L. 98–216 substituted “49 App. U.S.C.” for “49 U.S.C.”.

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 this title.

Short Title of 1992 Amendment

Pub. L. 102–548, § 1, , 106 Stat. 3646, provided that: “This Act [enacting section 508 of this title, amending this section and section 521 of this title, and enacting provisions set out as notes under section 508 of this title] may be cited as the ‘Intermodal Safe Container Transportation Act of 1992’.”

Credits

1983–1995 · 5 acts
  1. 1983Pub. L. 97–449, § 1(b), , 96 Stat. 2431
  2. 1984Pub. L. 98–216, § 2(2), , 98 Stat. 5
  3. 1992Pub. L. 102–548, § 2(c), , 106 Stat. 3648
  4. 1994Pub. L. 103–272, §§ 4(j)(11)(A), 5(m)(9), , 108 Stat. 1368, 1376
  5. 1995Pub. L. 104–88, title III, § 308(c)(2), , 109 Stat. 947.
Show as published

(Pub. L. 97–449, § 1(b), , 96 Stat. 2431; Pub. L. 98–216, § 2(2), , 98 Stat. 5; Pub. L. 102–548, § 2(c), , 106 Stat. 3648; Pub. L. 103–272, §§ 4(j)(11)(A), 5(m)(9), , 108 Stat. 1368, 1376; Pub. L. 104–88, title III, § 308(c)(2), , 109 Stat. 947.)

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