49 USC § 10502 - Authority to exempt rail carrier transportation | Title 49 - Transportation | U.S. Code

USCPrelim is a preliminary release and may be subject to further revision before it is released again as a final version.

Current through Pub. L. 113-99. (See Public Laws for the current Congress.)

(a) In a matter related to a rail carrier providing transportation subject to the jurisdiction of the Board under this part, the Board, to the maximum extent consistent with this part, shall exempt a person, class of persons, or a transaction or service whenever the Board finds that the application in whole or in part of a provision of this part—

(1) is not necessary to carry out the transportation policy of section 10101 of this title; and

(2) either—

(A) the transaction or service is of limited scope; or

(B) the application in whole or in part of the provision is not needed to protect shippers from the abuse of market power.

(b) The Board may, where appropriate, begin a proceeding under this section on its own initiative or on application by the Secretary of Transportation or an interested party. The Board shall, within 90 days after receipt of any such application, determine whether to begin an appropriate proceeding. If the Board decides not to begin a class exemption proceeding, the reasons for the decision shall be published in the Federal Register. Any proceeding begun as a result of an application under this subsection shall be completed within 9 months after it is begun.

(c) The Board may specify the period of time during which an exemption granted under this section is effective.

(d) The Board may revoke an exemption, to the extent it specifies, when it finds that application in whole or in part of a provision of this part to the person, class, or transportation is necessary to carry out the transportation policy of section 10101 of this title. The Board shall, within 90 days after receipt of a request for revocation under this subsection, determine whether to begin an appropriate proceeding. If the Board decides not to begin a proceeding to revoke a class exemption, the reasons for the decision shall be published in the Federal Register. Any proceeding begun as a result of a request under this subsection shall be completed within 9 months after it is begun.

(e) No exemption order issued pursuant to this section shall operate to relieve any rail carrier from an obligation to provide contractual terms for liability and claims which are consistent with the provisions of section 11706 of this title. Nothing in this subsection or section 11706 of this title shall prevent rail carriers from offering alternative terms nor give the Board the authority to require any specific level of rates or services based upon the provisions of section 11706 of this title.

(f) The Board may exercise its authority under this section to exempt transportation that is provided by a rail carrier as part of a continuous intermodal movement.

(g) The Board may not exercise its authority under this section to relieve a rail carrier of its obligation to protect the interests of employees as required by this part.

prev | next

(a) In a matter related to a rail carrier providing transportation subject to the jurisdiction of the Board under this part, the Board, to the maximum extent consistent with this part, shall exempt a person, class of persons, or a transaction or service whenever the Board finds that the application in whole or in part of a provision of this part—

(1) is not necessary to carry out the transportation policy of section 10101 of this title; and

(2) either—

(A) the transaction or service is of limited scope; or

(B) the application in whole or in part of the provision is not needed to protect shippers from the abuse of market power.

(b) The Board may, where appropriate, begin a proceeding under this section on its own initiative or on application by the Secretary of Transportation or an interested party. The Board shall, within 90 days after receipt of any such application, determine whether to begin an appropriate proceeding. If the Board decides not to begin a class exemption proceeding, the reasons for the decision shall be published in the Federal Register. Any proceeding begun as a result of an application under this subsection shall be completed within 9 months after it is begun.

(c) The Board may specify the period of time during which an exemption granted under this section is effective.

(d) The Board may revoke an exemption, to the extent it specifies, when it finds that application in whole or in part of a provision of this part to the person, class, or transportation is necessary to carry out the transportation policy of section 10101 of this title. The Board shall, within 90 days after receipt of a request for revocation under this subsection, determine whether to begin an appropriate proceeding. If the Board decides not to begin a proceeding to revoke a class exemption, the reasons for the decision shall be published in the Federal Register. Any proceeding begun as a result of a request under this subsection shall be completed within 9 months after it is begun.

(e) No exemption order issued pursuant to this section shall operate to relieve any rail carrier from an obligation to provide contractual terms for liability and claims which are consistent with the provisions of section 11706 of this title. Nothing in this subsection or section 11706 of this title shall prevent rail carriers from offering alternative terms nor give the Board the authority to require any specific level of rates or services based upon the provisions of section 11706 of this title.

(f) The Board may exercise its authority under this section to exempt transportation that is provided by a rail carrier as part of a continuous intermodal movement.

(g) The Board may not exercise its authority under this section to relieve a rail carrier of its obligation to protect the interests of employees as required by this part.

Source

(Added Pub. L. 104–88, title I, § 102(a),Dec. 29, 1995, 109 Stat. 808.)

Prior Provisions

Provisions similar to those in this section were contained in section 10505 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).

Prior sections 10502 to 10505, 10521 to 10531, 10541 to 10544, and 10561, were omitted in the general amendment of this subtitle by Pub. L. 104–88, § 102(a).

Section 10502,Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1360, related to Interstate Commerce Commission jurisdiction over express carrier transportation.

Section 10503,Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1360, related to railroad and water transportation connections and rates. See section 10703 of this title.

Section 10504,Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1360; Pub. L. 97–449, § 4(b)(4),Jan. 12, 1983, 96 Stat. 2441; Pub. L. 103–272, § 4(j)(16),July 5, 1994, 108 Stat. 1369, related to jurisdiction of Commission over mass transportation provided by local governments. See section 10501 of this title.

Section 10505,Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1361; Pub. L. 96–448, title II, § 213,Oct. 14, 1980, 94 Stat. 1912; Pub. L. 103–311, title II, § 205(a), (c)(1),Aug. 26, 1994, 108 Stat. 1683, 1684, related to authority of Commission to exempt rail carrier and motor carrier transportation. See sections 10502 and 13541 of this title.

Section 10521,Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1361; Pub. L. 96–296, § 31(b),July 1, 1980, 94 Stat. 824; Pub. L. 97–261, § 6(f),Sept. 20, 1982, 96 Stat. 1107; Pub. L. 99–521, § 6(a),Oct. 22, 1986, 100 Stat. 2994; Pub. L. 103–305, title VI, § 601(b)(2)(C),Aug. 23, 1994, 108 Stat. 1606; Pub. L. 103–311, title II, § 211(b)(1),Aug. 26, 1994, 108 Stat. 1689, related to jurisdiction of Commission over motor carrier transportation. See section 13501 of this title.

Section 10522,Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1362, related to exempt transportation between Alaska and other States. See section 13502 of this title.

Section 10523,Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1362; Pub. L. 99–521, § 6(b),Oct. 22, 1986, 100 Stat. 2994, related to exempt motor vehicle transportation in terminal areas. See section 13503 of this title.

Section 10524,Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1363; Pub. L. 96–296, § 9,July 1, 1980, 94 Stat. 798, related to Commission jurisdiction over transportation furthering a primary business. See section 13505 of this title.

Section 10525,Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1363; Pub. L. 96–258, § 1(4),June 3, 1980, 94 Stat. 425; Pub. L. 97–261, § 30,Sept. 20, 1982, 96 Stat. 1128, related to exempt motor carrier transportation entirely in one State. See section 13504 of this title.

Section 10526,Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1364; Pub. L. 96–258, § 1(5),June 3, 1980, 94 Stat. 425; Pub. L. 96–296, §§ 7, 21(a), 24(a),July 1, 1980, 94 Stat. 797, 812, 814; Pub. L. 96–454, § 11(a),Oct. 15, 1980, 94 Stat. 2023; Pub. L. 97–261, § 14(d),Sept. 20, 1982, 96 Stat. 1114; Pub. L. 97–377, § 152,Dec. 21, 1982, 96 Stat. 1918; Pub. L. 97–449, § 5(g)(1),Jan. 12, 1983, 96 Stat. 2442; Pub. L. 98–216, § 2(8),Feb. 14, 1984, 98 Stat. 5; Pub. L. 98–554, title II, § 227(c),Oct. 30, 1984, 98 Stat. 2852; Pub. L. 103–272, § 4(j)(17),July 5, 1994, 108 Stat. 1369, related to miscellaneous motor carrier transportation exemptions. See section 13506 of this title.

Section 10527, added Pub. L. 96–296, § 16(a),July 1, 1980, 94 Stat. 810; amended Pub. L. 103–272, § 5(m)(16),July 5, 1994, 108 Stat. 1377, related to written contracts pertaining to certain interstate movements by motor vehicle.

Section 10528, added Pub. L. 96–296, § 21(b)(1),July 1, 1980, 94 Stat. 812; amended Pub. L. 96–454, § 11(b),Oct. 15, 1980, 94 Stat. 2023; Pub. L. 103–272, § 5(m)(17),July 5, 1994, 108 Stat. 1377, related to mixed loads of regulated and unregulated property. See section 13507 of this title.

Section 10529, added Pub. L. 96–296, § 24(b)(1),July 1, 1980, 94 Stat. 814; amended Pub. L. 103–272, § 5(m)(18),July 5, 1994, 108 Stat. 1377, related to authority of Commission over cooperative associations. See section 13508 of this title.

Section 10530, added Pub. L. 98–554, title II, § 226(a)(1),Oct. 30, 1984, 98 Stat. 2848; amended Pub. L. 99–514, § 2,Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100–690, title IX, § 9111(a)–(f), Nov. 18, 1988, 102 Stat. 4531–4533; Pub. L. 103–272, § 4(j)(18), (o),July 5, 1994, 108 Stat. 1369, 1371, related to certificates of registration for certain foreign carriers. See section 13902 of this title.

Section 10531, added Pub. L. 103–272, § 3(1),July 5, 1994, 108 Stat. 1360, related to mass transportation exemption from Commission jurisdiction.

Section 10541,Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1365, related to jurisdiction of Commission over transportation by water carriers. See section 13521 of this title.

Section 10542,Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1366; Pub. L. 98–89, § 3(b),Aug. 26, 1983, 97 Stat. 599; Pub. L. 98–216, § 2(9), (10),Feb. 14, 1984, 98 Stat. 5; Pub. L. 103–272, § 5(m)(19),July 5, 1994, 108 Stat. 1377, related to exemption of transportation by water carriers of commodities in bulk from Commission jurisdiction.

Section 10543,Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1367, related to exemption of certain incidental water transportation from jurisdiction of Commission.

Section 10544,Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1368; Pub. L. 96–258, § 1(6),June 3, 1980, 94 Stat. 425; Pub. L. 97–449, § 5(g)(2),Jan. 12, 1983, 96 Stat. 2443; Pub. L. 98–216, § 2(11),Feb. 14, 1984, 98 Stat. 5; Pub. L. 103–272, § 5(m)(19),July 5, 1994, 108 Stat. 1377, related to exemption of certain miscellaneous water carrier transportation from Commission jurisdiction.

Section 10561,Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1369; Pub. L. 99–521, § 6(c),Oct. 22, 1986, 100 Stat. 2994; Pub. L. 103–272, § 5(m)(20),July 5, 1994, 108 Stat. 1377, related to jurisdiction of Commission over services of household goods freight forwarders. See section 13531 of this title.

A prior section 10562,Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1369; Pub. L. 97–449, § 5(g)(3),Jan. 12, 1983, 96 Stat. 2443, related to exempt freight forwarder service, prior to repeal by Pub. L. 99–521, §§ 6(d)(1), 15,Oct. 22, 1986, 100 Stat. 2994, 2999, effective 60 days after Oct. 22, 1986.

The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

The most recent Classification Table update that we have noticed was Friday, May 3, 2013

An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.

How To Use

Multiple entries for a section are listed most recent first, within the section.

The Session Year indicates which session of Congress was responsible for the changes classified. The Congress number forms the first part of the Public Law number; each Congress has two sessions.

Abbreviations used in the Description of Change column:

An empty field implies a standard amendment.
"new" means a new section or new note, or all new text of an existing section or note.
"nt" means note.
"nt [tbl]" means note [table].
"prec" means preceding.
"fr" means a transfer from another section.
"to" means a transfer to another section.
"omitted" means the section is omitted.
"repealed" means the section is repealed.
"nt ed change" and "ed change" - See the Editorial Classification Change Table [pdf].

The Public Law field is linked to the development of the law in the Thomas system at the Library of Congress.

The Statutes at Large field is linked to the text of the law, in the context of its volume of the Statutes at Large, at the Government Printing Office. Please note that it takes a while for these pages to get posted, so for very recent legislation, you need to look at the "enrolled" version at the Thomas site.

The Statutes at Large references have been rendered in the format used as page numbers in the Public Law web pages to which we link, to facilitate copy-paste into browser "find on this (web) page" tools. We are still working on a more direct link facility.

For serious comparison work, we suggest copying all or a portion of the Public Law text into your favorite text editor, for convenient content traversal and window control.

Sections with change type "new" are a special case, still under development. All are now listed, at the title level only.

You will find that occassionally a specific update you notice in a Public Law listed in a classification table will already have made it into the Code. We assume this is an artifact of the LRC edit process. The LII does not edit the LRC content.

top

General Reference

Refer to the LRC (Law Revision Council) for explanations about the US Code from the folks who put it all together.

You can look for information about what it is and is not, which titles are positive law, the schedule of Supplements, etc. Under download you can find the source data we use here (GPO locator files), as well as, PDF files that look just like the paper books (these may be rather large).

Refer to the Thomas site for changes that have not yet made it into the classification tables.

49 USC	Description of Change	Session Year	Public Law	Statutes at Large

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

49 CFR - Title 49—Transportation

49 CFR Part 1039 - EXEMPTIONS

49 CFR Part 1105 - PROCEDURES FOR IMPLEMENTATION OF ENVIRONMENTAL LAWS

49 CFR Part 1121 - RAIL EXEMPTION PROCEDURES

49 CFR Part 1150 - CERTIFICATE TO CONSTRUCT, ACQUIRE, OR OPERATE RAILROAD LINES

49 CFR Part 1152 - ABANDONMENT AND DISCONTINUANCE OF RAIL LINES AND RAIL TRANSPORTATION UNDER 49 U.S.C. 10903

49 USC § 10502 - Authority to exempt rail carrier transportation

U.S. Code Toolbox

Law about... Articles from Wex

Find a Lawyer

Get Involved