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49 USC CHAPTER 105 - JURISDICTION 01/06/03

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TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART A - RAIL

CHAPTER 105 - JURISDICTION

-HEAD-

CHAPTER 105 - JURISDICTION

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Sec.

10501. General jurisdiction.

10502. Authority to exempt rail carrier transportation.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 13503, 14706 of this

title.

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49 USC Sec. 10501 01/06/03

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TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART A - RAIL

CHAPTER 105 - JURISDICTION

-HEAD-

Sec. 10501. General jurisdiction

-STATUTE-

(a)(1) Subject to this chapter, the Board has jurisdiction over

transportation by rail carrier that is -

(A) only by railroad; or

(B) by railroad and water, when the transportation is under

common control, management, or arrangement for a continuous

carriage or shipment.

(2) Jurisdiction under paragraph (1) applies only to

transportation in the United States between a place in -

(A) a State and a place in the same or another State as part of

the interstate rail network;

(B) a State and a place in a territory or possession of the

United States;

(C) a territory or possession of the United States and a place

in another such territory or possession;

(D) a territory or possession of the United States and another

place in the same territory or possession;

(E) the United States and another place in the United States

through a foreign country; or

(F) the United States and a place in a foreign country.

(b) The jurisdiction of the Board over -

(1) transportation by rail carriers, and the remedies provided

in this part with respect to rates, classifications, rules

(including car service, interchange, and other operating rules),

practices, routes, services, and facilities of such carriers; and

(2) the construction, acquisition, operation, abandonment, or

discontinuance of spur, industrial, team, switching, or side

tracks, or facilities, even if the tracks are located, or

intended to be located, entirely in one State,

is exclusive. Except as otherwise provided in this part, the

remedies provided under this part with respect to regulation of

rail transportation are exclusive and preempt the remedies provided

under Federal or State law.

(c)(1) In this subsection -

(A) the term "local governmental authority" -

(i) has the same meaning given that term by section 5302(a)

of this title; and

(ii) includes a person or entity that contracts with the

local governmental authority to provide transportation

services; and

(B) the term "mass transportation" means transportation

services described in section 5302(a) of this title that are

provided by rail.

(2) Except as provided in paragraph (3), the Board does not have

jurisdiction under this part over mass transportation provided by a

local governmental authority.

(3)(A) Notwithstanding paragraph (2) of this subsection, a local

governmental authority, described in paragraph (2), is subject to

applicable laws of the United States related to -

(i) safety;

(ii) the representation of employees for collective bargaining;

and

(iii) employment, retirement, annuity, and unemployment systems

or other provisions related to dealings between employees and

employers.

(B) The Board has jurisdiction under sections 11102 and 11103 of

this title over transportation provided by a local governmental

authority only if the Board finds that such governmental authority

meets all of the standards and requirements for being a rail

carrier providing transportation subject to the jurisdiction of the

Interstate Commerce Commission that were in effect immediately

before January 1, 1996. The enactment of the ICC Termination Act of

1995 shall neither expand nor contract coverage of employees and

employers by the Railway Labor Act, the Railroad Retirement Act of

1974, the Railroad Retirement Tax Act, and the Railroad

Unemployment Insurance Act.

-SOURCE-

(Added Pub. L. 104-88, title I, Sec. 102(a), Dec. 29, 1995, 109

Stat. 807; amended Pub. L. 104-287, Sec. 5(21), Oct. 11, 1996, 110

Stat. 3390.)

-REFTEXT-

REFERENCES IN TEXT

The ICC Termination Act of 1995, referred to in subsec.

(c)(3)(B), is Pub. L. 104-88, Dec. 29, 1995, 109 Stat. 803. For

complete classification of this Act to the Code, see Short Title of

1995 Amendment note set out under section 101 of this title and

Tables.

The Railway Labor Act, referred to in subsec. (c)(3)(B), is act

May 20, 1926, ch. 347, 44 Stat. 577, as amended, which is

classified principally to chapter 8 (Sec. 151 et seq.) of Title 45,

Railroads. For complete classification of this Act to the Code, see

section 151 of Title 45 and Tables.

The Railroad Retirement Act of 1974, referred to in subsec.

(c)(3)(B), is act Aug. 29, 1935, ch. 812, as amended generally by

Pub. L. 93-445, title I, Sec. 101, Oct. 16, 1974, 88 Stat. 1305,

which is classified generally to subchapter IV (Sec. 231 et seq.)

of chapter 9 of Title 45. For further details and complete

classification of this Act to the Code, see Codification note set

out preceding section 231 of Title 45, section 231t of Title 45,

and Tables.

The Railroad Retirement Tax Act, referred to in subsec.

(c)(3)(B), is act Aug. 16, 1954, ch. 736, Secs. 3201, 3202, 3211,

3212, 3221, and 3231 to 3233, 68A Stat. 431, as amended, which is

classified generally to chapter 22 (Sec. 3201 et seq.) of Title 26,

Internal Revenue Code. For complete classification of this Act to

the Code, see section 3233 of Title 26 and Tables.

The Railroad Unemployment Insurance Act, referred to in subsec.

(c)(3)(B), is act June 25, 1938, ch. 680, 52 Stat. 1094, as

amended, which is classified principally to chapter 11 (Sec. 351 et

seq.) of Title 45, Railroads. For complete classification of this

Act to the Code, see section 367 of Title 45 and Tables.

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

sections 10501 and 10504 of this title prior to the general

amendment of this subtitle by Pub. L. 104-88, Sec. 102(a).

A prior section 10501, Pub. L. 95-473, Oct. 17, 1978, 92 Stat.

1359; Pub. L. 96-448, title II, Sec. 214(c)(3)-(5), Oct. 14, 1980,

94 Stat. 1915; Pub. L. 103-272, Sec. 4(j)(15), July 5, 1994, 108

Stat. 1369, related to jurisdiction of the Interstate Commerce

Commission, prior to the general amendment of this subtitle by Pub.

L. 104-88, Sec. 102(a). See sections 10501 and 15301 of this title.

AMENDMENTS

1996 - Subsec. (c)(3)(B). Pub. L. 104-287 substituted "January 1,

1996" for "the effective date of the ICC Termination Act of 1995".

EFFECTIVE DATE

Chapter effective Jan. 1, 1996, except as otherwise provided in

Pub. L. 104-88, see section 2 of Pub. L. 104-88, set out as a note

under section 701 of this title.

-TRANS-

ABOLITION OF INTERSTATE COMMERCE COMMISSION

Interstate Commerce Commission abolished by section 101 of Pub.

L. 104-88, set out as a note under section 701 of this title.

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49 USC Sec. 10502 01/06/03

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TITLE 49 - TRANSPORTATION

SUBTITLE IV - INTERSTATE TRANSPORTATION

PART A - RAIL

CHAPTER 105 - JURISDICTION

-HEAD-

Sec. 10502. Authority to exempt rail carrier transportation

-STATUTE-

(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, Sec. 102(a), Dec. 29, 1995, 109

Stat. 808.)

-MISC1-

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.

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