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Interstate Commerce Act 49 App Interstate Commerce Act 49 App. u.s.c. § 1 et seg. (1988) The Interstate commerce Act was partially repealed and recodified in 1978. However, according to Public Law No. 95-473, § 4(c): 92 stat. 1466-1470 (1978), those portions of the old_ICA that were repealed and recodified in 1978, nevertheless remain in effect as they existed on October 1, 1977, to the extent that these laws relate to the movement of oil by pipeline and the rates and charges related thereto. The ICA related to oil pipeline regulation is found as an appendix to Title 49 of the United States Code, and was reprinted in the second edition of Volume I of Staff's Oil Pipeline Handbook. However, the U.S. Code 1988 edition is the last to include the appendix. Although the appendix still applies to oil pipeline regulation, it was, for unknown reasons, excluded from the 1994 edition of the u.s. Code. Therefore, we are reprinting it in this volume. Interstate Commerce Act 49 App. u.s.c. § 1 et seq. (1988) TITLE .t9. APPE.SDIX-TRANSPORTATIO.S . di.x consists of sections of former Title 49 that were not included in Title 49 as enacted Tlus A~e; L 95 _473 and Pub. L. 97-449, and certain laws related to transportation that were en­ bY · l~r Pub L. 95-473. Sections /rom former Title 49 retain the same section numbers in :-f:~~endiz. 'For d~.sp.osition of all sections of former Title 49, see Table at beginning ot Title 49, Transportatlon. Sec. Chap. cnap. Sec. 33. Publie Airports .......................................... J. Interstate Commerce Act. Part I; Gen· 2401 eraJ Provisions and Railroad and 34. Motor Carrier Safety """"""""""""""""... 2501 Pipe Line Carrien ..................... " ......... 1 35. Commereial Space Launeh ..................... 2601 z. Legislation Supplementary to "Inter• 36. Commercial Motor Vehicle Safety........ 2701 state Commerce Aet" [Repealed, Tnnsferred. or Omltted)".... """""'"-­ 41 CHAPTER I-INTERSTATE COMMERCE ACI', 3. Termination of Federal Control [Re- PART I; GENERAL PROVISIONS AND RAIL­ pealed or Transferred) .... " .............. " .. .. 71 ROAD AND PIPE LINE CARRIERS 4. Bill1 of Ladinr.. - ....... " .................... " ....... 81 5. Inland Waterways Transportation...... ... 141 Sec. Air Commeree .............................. ._. .......... 171 1 to 23, 25. Repealed. 6. 26. Safety appliances, methods. and systems. 7. Coordination of lntentate Railroad ca> "Railroad'' defined. Transportation (Repealed) ........""""""" 250 cb> Order to Install systems. etc.; modifi­ 8. lntentate Commerce Act. Part II: cation; neaUaence of railroad. Motor Carrien [Repealed or Tran.. cc> Filina report on rules. standards, and ferred) .... -.-......................................... ... 301 instruetiona; time; modlfic:ation. 9. Civil Aeronautlee [Repealed. Omitted. Cd> Inspection by Secretary of Transpor­ or Transferred) .. -".. -- ..-- ..-· 401 tation; personneL 10. Tralninr of Civil Aircraft PUota ce> Unlawful use of sntem. etc. (Omitted or Repealed)----·-­ 751 (f) Report of faUure of sntem. etc., and 11. accidents. Seizure and Forfeiture of Carrien <a> Repealed. Tranaportinr, ete., Contraband Artl· Ch> Penalties; enforcement. cles •..•••..•...•.. ···-······---····--··----.. 781 26a to 2'7. Repealed. 12. lntentate Conuaeree Act. .Pan Ill; Water Carrien [Repealedl---····· 901 II. Repealed. Pub. L 95-173, fo4(b), (e). OeL 17, 1978. 13. lntentate Commerce Act. Part IV; 92 StaL 1468, .1470; Pub. L. 96-258, I 3(b). June 3. Freight Forwarden (Repealed] -­ 1001 1980, 94 StaL 427 14. Federal Aid for Public Airport Devel• · · opment [Repealed. or 'haneferred)­ 1101 Section repealed subJect to an exception related to 15. transportation of oU by pipeline. Section 402 of Pub. International Aviation Faeilltie1 -·-·-· 1151 L. 95-607, which amended par. C14> of thia Section by 16. Development of Commerelal Alrenft addlna subdiv. Cb> and redestanatlna exlstins subdlv. [Omitted] ............................................. ..... 1181 Cb> aa Cc> subsequent to the repeal of this section by 17. Medala of Honor for Aeta of Herolam­ 1201 Pub. L. 95-473, wu repealed by Pub. L. 98-2S8. For dia­ 18. Airways· Modemizadan [Repealed) ....... 1211 poaition of thia section llrrevlsed Title 49, TransPOrt&" 19. lntentate Commeree Act. Part Vr tton. see Table at bellnnina of Title 49. See, alao. notes· Loan Guarantie1 [Repealed)·-- 1231 followtna Table. · 20. Federal Aviation Propaaa_____ _ 1301 Prior to repeal. section read aa follows: 21. Urban Mau Traaeportation ·-·--·-·­ 1601 22. Hirh-Speed Grouad Transportation I 1. Rerulatlon.ln pneral;.ear •"Ice; alteration of Une (Omitted or Repealed]...... .. ........ .. 1631 ( 1) Canien •ubject to rerula&lon 23. Department of Tranaportation ..... .. ..-. 1651 The provtslona of thia chapter shall apply to 24. Natural Gu.Pipellne Safet,.. ,_, --­ 1671 common c:arrtere enraced in- 25. Aviation Faeilitle1 Expaneion and lm· Ca> The transportation of paueqere or property provement •••• ·-·-..--·-··-·--·---·····-·· 1701 wholly by railroad. or partly by rallroad and partly by 26. Hazardous Materlala Transportation- · water when both are used under a common control. Control [Repealed)·-·-·---..-­ 1761 manacement. or arrantement for a continuous c:ar· 27. Hazardous Materlala Traneportatloa .... 1801 rtaae or shipment: or <b> The transportation of oil or other commodity, 28. National Tranepor&ation SaletJ Board. 1901 except water and except natural or artificial pa, ·by 29. Hazardous· Liquid Pipeline SaletJ.. - 2001 pipe line, or partly by pipe line and partly by rallroad 30. Abatement of Avlatioa Nolle ............ 2101 or by water: or 31. Airport and Airwa1 Improvement ......... 2201 <c> Repealed. June 19, 1934, eh. 652, title VI, 32. Commercial Motor Vehicle~ ........... __.. 2301 1802Cb>, 48 Stat. 1102; Page 521 ':?I TITLE 49, APPENDIX-TRA~SPORTATION rrom one State or Territory or the t:mted States. or ' 11 lluty to furnish tran~pnrtation and .,~tablish thrllu~h the Dtstrict of Columbia. to any other State or Terri· routes: division of joint rates tory of the United States. or the District of Columbia, It shaU be the duty of every common carrier subject or from one place in a Territory to another place in to this chapter to provide and furnish transportau the same Territory, or from any place in the United upon reasonable request therefor, and to establish r:n States through a foreign country to any other place in sonable throurh routes with other such carriers an~ the United States. or from or to any place in the just and reasonable rates, fares. charres, and cl&asl! United States to or from a foreign country, but only cations applicable thereto: and it shall be the duty ;f insofar as such transportation takes place within the common carriers by railroad subJect to this chapter United States. establish reasonable throurh routes with common C: rters by water subJect to chapter 12 of this APPt!ndt · 121 Transportation subject to replation and Just and reasonable rates. fares, charles, and cl x, The provisions of this chapter shall also apply to slficatlons applicable thereto. It shall be the duty a:r such transportation of -passenrers and property, but every such common carrier establishin1 throu h only Insofar as such transportation takes place within routes tQ provide reasonable facllltles for operat~ the Unlted States. but shall not apply- such routes andw.to make reasonable rules and reiUla. <a> To the transportation of passenrers or property, tlons with respect to their operation, and providlna t . or to the receivtna. dellverinl, storage, or handllnl of reasonable compensation to thoee entitled there~~ property, whollY within one-State and not shipped to and In case of Joint rates, fares.. or charces, to esta .. ' or from a forei!Pl country from or to any place In the llsh Just, reasonable, and equitable dlvislons the "" United States as aforesaid. except as otherwise provtd· which shall not unduly prefer or preJudice any of=~ ed In this chapter; partlcipatlnl carriers. (b) Repealed. June 19, 1934. ch. 652, title VI. (5) Jua& ucl nuonable charpl; appllcablll&J; criteria for de. 1602<b), 48 Stat. 1102. termination <c) To the transportation of passen1ers or property <a)·AU ch&r~es made for any service rendered or tcr by a carrier by water where such transportation would be rendered In the .transportation of PIIISenren or not be subJect to the provtalonl of this chapter except property as aforesalct or in connection therewtth, for the fact that such carrier abaorba. out of its port­ shall be Just and reasonable, and evel'7 unJuat and un. to-port water rates or out of Its proportional throUih reasonable ch&rae for such service or any P&rt thereor rates. any switchtna. terminal, lllhterqe, car rental. is prohibited and declared to be unlawful. The Provt. trackale. handllnl, or other charaes by a ralU:arrier sions of this sub<Uviaton shall not. apply to co1111110 for services within the swltchin1. drayaae. lllhteraae. carriers by railroad subJect to this chapter. 11 or corporate llmits of a port termlnal or district. <b> Each rate for any service rendered or to be rq. dered In the tnmaportation of persons or propertr br (3) Deftnitlona any common carrier by railroad subJect to thla chaoter (a) The term "common carrier" aa used in this chap. shall be Just and reasonable. A rate that Is unJua or ter shall include all pipe-line companies; expreaa com­ unreasonable is prohibited and unlawful. No rate panies: sleepinl-car companies: and all person~. natu­ which contributes or which would contribute to the ral or artificial, eDI&Ied in such transportation as rolnl concem value of such a carrter shall be found to aforesaid as common carriers for hire. Wherever the be unJust or unreasonable, or not shown to be Juat IDd word "carrier" Is uaec:l IJr thll chapter It shall be held reasonable, on the around that such rate ta below 1 to mean "common carrier." The term "railroad" as Just or reasonable minimum for the service rendered used in this chapter lhall include all brldaes. car or to be rendered. A rate which equala or exceeds the noats, lilhten. ancl ferries uaed by or operated in con­ variable coats <as deiermined throulh formulu pre­ nection with an1 railroad.
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