U.S. Code » Title 49 » Subtitle SUBTITLE II— OTHER GOVERNMENT AGENCIES › Chapter CHAPTER 13— SURFACE TRANSPORTATION BOARD › Subchapter SUBCHAPTER I— ESTABLISHMENT

49 U.S.C. § 1304

Reports

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(a)Annual Report.—The Board shall annually transmit to the Congress a report on its activities, including each instance in which the Board has initiated an investigation on its own initiative under this chapter or subtitle IV.(b)Rate Case Review Metrics.—(1)Quarterly reports.—The Board shall post a quarterly report of rail rate review cases pending or completed by the Board during the previous quarter that includes—(A) summary information of the case, including the docket number, case name, commodity or commodities involved, and rate review guideline or guidelines used;(B) the date on which the rate review proceeding began;(C) the date for the completion of discovery;(D) the date for the completion of the evidentiary record;(E) the date for the submission of closing briefs;(F) the date on which the Board issued the final decision; and(G) a brief summary of the final decision;(2)Website posting.—Each quarterly report shall be posted on the Board’s public website.(c)Complaints.—(1)In general.—The Board shall establish and maintain a database of complaints received by the Board.(2)Quarterly reports.—The Board shall post a quarterly report of formal and informal service complaints received by the Board during the previous quarter that includes—(A) the date on which the complaint was received by the Board;(B) a list of the type of each complaint;(C) the geographic region of each complaint; and(D) the resolution of each complaint, if appropriate.(3)Written consent.—The quarterly report may identify a complainant that submitted an informal complaint only upon the written consent of the complainant.(4)Website posting.—Each quarterly report shall be posted on the Board’s public website.(Added Pub. L. 104–88, title II, § 201(a), Dec. 29, 1995, 109 Stat. 934, § 704; renumbered § 1304 and amended Pub. L. 114–110, §§ 3(a)(3), 6, Dec. 18, 2015, 129 Stat. 2228, 2231.)Editorial NotesAmendments

2015—Pub. L. 114–110, § 6, substituted “Reports” for “Annual report” in section catchline, designated existing provisions as subsec. (a) and inserted heading, substituted “on its activities, including each instance in which the Board has initiated an investigation on its own initiative under this chapter or subtitle IV.” for “on its activities.”, and added subsecs. (b) and (c).

Pub. L. 114–110, § 3(a)(3), renumbered section 704 of this title as this section.

Statutory Notes and Related SubsidiariesQuarterly Reports

Pub. L. 114–110, § 15(b), Dec. 18, 2015, 129 Stat. 2238, provided that: “Beginning not later than 60 days after the date of the enactment of this Act [Dec. 18, 2015], the Surface Transportation Board shall submit quarterly reports to the congressional committees referred to in section 14(b) [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] that describes the Surface Transportation Board’s progress toward addressing the issues raised in each unfinished regulatory proceeding, regardless of whether the proceeding is subject to a statutory or regulatory deadline.”

Notes of Decisions
Cited in 34 cases (1 in the last 5 years), 1961–2021 · leading case: Cheyenne Airport Bd. v. Rogers, 707 P.2d 717 (Wyo. 1985).
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Cheyenne Airport Bd. v. Rogers, 707 P.2d 717 (Wyo. 1985). · cites it 3× “§ 403 (1938); 49 U.S.C. § 1304 (1958); 49 U.S.C. § 1304 (Supp.”
Griggs v. Allegheny Cnty., 369 U.S. 84 (1962). · cites it 2× “980 , 49 U. S. C. § 1304 . [7] Section 101 (24) of the Federal Aviation Act of 1958 provides: " `Navigable airspace' means airspace above the minimum altitudes of flight prescribed by regulations issued under this Act, and shall include airspace needed to insure safety in…”
Sompo Japan Ins. Co. of Am. v. Union Pac. R.R. Co., Docket No. 04-4066-Cv, 456 F.3d 54 (2d Cir. 2006). “The court held that the “fire exemption” provision of COGSA, 49 U.S.C. § 1304 (2)(b) — under which the carrier is liable for losses due to fire only if caused by certain types of negligence is inconsistent with the Harter Act and therefore “null and void.”
State v. Ainsworth, 801 P.2d 749 (Or. 1990). “49 USC § 1304 (Supp V 1983-1988) provides, in part: “There is hereby recognized and declared to exist in behalf of any citizen of the United States a public right of freedom of transit throughout the navigable airspace of the United States.”
Branning v. United States, 228 Ct. Cl. 240 (Ct. Cl. 1981). “§ 403 (1940) (current version at 49 U.S.C. § 1304 (1976)). "Navigable airspace” was then defined as "airspace above the minimum safe altitudes of flight prescribed by the Civil Aeronautics Authority [CAA] * * *.”
Irvin H. Mason v. Kenneth Belieu Appeal of Pan Am. World Airways, Inc, 543 F.2d 215 (D.C. Cir. 1976). “While an information clerk’s failure to assist a distraught wife undoubtedly creates poor public relations and is a breach of good carrier practices, we do not believe that preventing every discourtesy or lack of attention is a primary objective of the Federal Aviation Act’s…”
W. v. McGehee, 202 F. Supp. 287 (D. Maryland 1962). · cites it 3× “1301 (24) states: “ ‘Navigable airspace’ means airspace above the minimum altitudes of flight prescribed by regulations issued under this chapter, and shall include airspace needed to insure safety in take-off and landing of aircraft.”
W. Coal Traffic League v. STB, 998 F.3d 945 (D.C. Cir. 2021). “49 U.S.C. § 1304 note. It also expanded the Board’s membership “from three 6 decision described the history of the safe harbor index as well as noted the various perspectives contained in the 15 comments and 10 replies that it received.”
Sanders v. Air India, 454 F. Supp. 1371 (S.D.N.Y. 1978). · cites it 2× “5 In implying a private right of action for a passenger who was prohibited from boarding a flight because of racial prejudice, the United States Court of Appeals for the Second Circuit in Fitzgerald, supra at 500 , quoted from what is now 49 U.S.C. § 1304 : “There is recognized…”
City of Oakland v. Nutter, 13 Cal. App. 3d 752 (Cal. Ct. App. 1970). · cites it 2× “" ( 49 U.S.C. § 1304 .) "`Navigable airspace' means airspace above the minimum altitudes of flight prescribed by regulations issued under this chapter, and shall include airspace needed to insure safety in take-off and landing of aircraft.”
Fiese v. Sitorius, 526 N.W.2d 86 (Neb. 1995). · cites it 2× “Although Congress has granted Fiese a right of freedom of transit through the navigable *233 airspace of the United States pursuant to 49 U.S.C. § 1304 , Congress has not provided an attendant remedy for protection of that right.”
Wills v. Trans World Airlines, Inc., 200 F. Supp. 360 (S.D. Cal. 1961). “” [ 49 U.S.C.A. § 1304 .] However, the only reported decision which has dealt determinatively with the issue of discrimination under the Civil Aeronautics Act, other than as to rates, appears to be Fitzgerald v.”
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— 49 U.S.C. § 1304(2)(a) — 1 case
T. J. Stevenson & Co. v. 81,193 Bags of Flour, 629 F.2d 338 (5th Cir. 1980).
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