Page:United States Statutes at Large Volume 109 Part 1.djvu/822

 109 STAT. 806 PUBLIC LAW 104-88 —DEC. 29, 1995 "(12) to prohibit predatory pricing and practices, to avoid undue concentrations of market power, and to prohibit unlawful discrimination; "(13) to ensure the availability of accurate cost information in regulatory proceedings, while minimizing the burden on rail carriers of developing and maintaining the capability of providing such information; "(14) to encourage and promote energy conservation; and "(15) to provide for the expeditious handling and resolution of all proceedings required or permitted to be brought under this part. "§ 10102. Definitions "In this part— "(1) 'Board' means the Surface Transportation Board; "(2) 'car service' includes (A) the use, control, supply, movement, distribution, exchange, interchange, and return of locomotives, cars, other vehicles, and special types of equipment used in the transportation of property by a rail carrier, and (B) the supply of trains by a rail carrier; "(3) 'control', when referring to a relationship between persons, includes actual control, legal control, and the power to exercise control, through or by (A) common directors, officers, stockholders, a voting trust, or a holding or investment company, or (B) any other means; "(4) 'person', in addition to its meaning under section 1 of title 1, includes a trustee, receiver, assignee, or personal representative of a person; "(5) 'rail carrier' means a person providing common carrier railroad transportation for compensation, but does not include street, suburban, or interurban electric railways not operated as part of the general system of rail transportation; "(6) 'railroad' includes— "(A) a bridge, car float, lighter, ferry, and intermodal equipment used by or in connection with a railroad; "(B) the road used by a rail carrier and owned by it or operated under an agreement; and "(C) a switch, spur, track, terminal, terminal facility, and a freight depot, yard, and ground, used or necessary for transportation; "(7) 'rate' means a rate or charge for transportation; "(8) 'State' means a State of the United States and the District of Columbia; "(9) 'transportation' includes— "(A) a locomotive, car, vehicle, vessel, warehouse, wharf, pier, dock, yard, property, facility, instrumentality, or equipment of any kind related to the movement of passengers or property, or both, by rail, regardless of ownership or an agreement concerning use; and "(B) services related to that movement, including receipt, delivery, elevation, transfer in transit, refrigeration, icing, ventilation, storage, handling, and interchange of passengers and property; and "(10) 'United States' means the States of the United States and the District of Columbia.

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