US Laws, Codes, Statutes & Cases

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[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
  January 7, 2003 and December 19, 2003]
[CITE: 49USC10502]

 
                        TITLE 49--TRANSPORTATION
 
                 SUBTITLE IV--INTERSTATE TRANSPORTATION
 
                              PART A--RAIL
 
                        CHAPTER 105--JURISDICTION
 
Sec. 10502. Authority to exempt rail carrier transportation

    (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.

(Added Pub. L. 104-88, title I, Sec. 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, Sec. 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, Sec. 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, Sec. 4(b)(4), Jan. 12, 1983, 96 Stat. 2441; Pub. L. 103-272, 
Sec. 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, Sec. 213, Oct. 14, 1980, 94 Stat. 1912; Pub. L. 103-
311, title II, Sec. 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, Sec. 31(b), July 1, 1980, 94 Stat. 824; Pub. L. 97-261, 
Sec. 6(f), Sept. 20, 1982, 96 Stat. 1107; Pub. L. 99-521, Sec. 6(a), 
Oct. 22, 1986, 100 Stat. 2994; Pub. L. 103-305, title VI, 
Sec. 601(b)(2)(C), Aug. 23, 1994, 108 Stat. 1606; Pub. L. 103-311, title 
II, Sec. 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, Sec. 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, Sec. 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, Sec. 1(4), June 3, 1980, 94 Stat. 425; Pub. L. 97-261, Sec. 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, Sec. 1(5), June 3, 1980, 94 Stat. 425; Pub. L. 96-296, Secs. 7, 
21(a), 24(a), July 1, 1980, 94 Stat. 797, 812, 814; Pub. L. 96-454, 
Sec. 11(a), Oct. 15, 1980, 94 Stat. 2023; Pub. L. 97-261, Sec. 14(d), 
Sept. 20, 1982, 96 Stat. 1114; Pub. L. 97-377, Sec. 152, Dec. 21, 1982, 
96 Stat. 1918; Pub. L. 97-449, Sec. 5(g)(1), Jan. 12, 1983, 96 Stat. 
2442; Pub. L. 98-216, Sec. 2(8), Feb. 14, 1984, 98 Stat. 5; Pub. L. 98-
554, title II, Sec. 227(c), Oct. 30, 1984, 98 Stat. 2852; Pub. L. 103-
272, Sec. 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, Sec. 16(a), July 1, 1980, 94 
Stat. 810; amended Pub. L. 103-272, Sec. 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, Sec. 21(b)(1), July 1, 1980, 94 
Stat. 812; amended Pub. L. 96-454, Sec. 11(b), Oct. 15, 1980, 94 Stat. 
2023; Pub. L. 103-272, Sec. 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, Sec. 24(b)(1), July 1, 1980, 94 
Stat. 814; amended Pub. L. 103-272, Sec. 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, Sec. 226(a)(1), Oct. 
30, 1984, 98 Stat. 2848; amended Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 
100 Stat. 2095; Pub. L. 100-690, title IX, Sec. 9111(a)-(f), Nov. 18, 
1988, 102 Stat. 4531-4533; Pub. L. 103-272, Sec. 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, Sec. 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, Sec. 3(b), Aug. 26, 1983, 97 Stat. 599; Pub. L. 98-216, 
Sec. 2(9), (10), Feb. 14, 1984, 98 Stat. 5; Pub. L. 103-272, 
Sec. 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, Sec. 1(6), June 3, 1980, 94 Stat. 425; Pub. L. 97-449, 
Sec. 5(g)(2), Jan. 12, 1983, 96 Stat. 2443; Pub. L. 98-216, Sec. 2(11), 
Feb. 14, 1984, 98 Stat. 5; Pub. L. 103-272, Sec. 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, Sec. 6(c), Oct. 22, 1986, 100 Stat. 2994; Pub. L. 103-272, 
Sec. 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, Sec. 5(g)(3), Jan. 12, 1983, 96 Stat. 2443, related to 
exempt freight forwarder service, prior to repeal by Pub. L. 99-521, 
Secs. 6(d)(1), 15, Oct. 22, 1986, 100 Stat. 2994, 2999, effective 60 
days after Oct. 22, 1986.