§13541 — Title 49 Transportation | U.S. Code

Summary

The Secretary or the Board can exempt or change how a rule in this part applies to a person, group, transaction, or service when three things are true: the rule is not needed to carry out the transportation policy in section 13101, it is not needed to protect shippers from abuse of market power or the matter is small in scope, and the exemption is in the public interest. They can start such a case themselves or act when someone asks, set how long an exemption lasts, and take it back if the rule becomes necessary to carry out section 13101. The exemption power must not be used to avoid laws or rules about cargo loss and damage, insurance, safety fitness, or activities under section 13703 or 14302 or not ended under section 13907(d)(2). A water carrier cannot be exempted from section 13701 or 13702 for transportation in the non-contiguous domestic trade. The Secretary or Board will not regulate, under this part, any water-carrier transport of cargo or services that was not regulated by the Federal Maritime Commission or Interstate Commerce Commission under federal law on November 1, 1995.

Title 49, §13541

Transportation — Source: USLM XML via OLRC

(a)In any matter subject to jurisdiction under this part, the Secretary or the Board, as applicable, shall exempt a person, class of persons, or a transaction or service from the application, in whole or in part, of a provision of this part, or use this exemption authority to modify the application of a provision of this part as it applies to such person, class, transaction, or service, when the Secretary or Board finds that the application of that provision—

(1)is not necessary to carry out the transportation policy of section 13101;

(2)is not needed to protect shippers from the abuse of market power or that the transaction or service is of limited scope; and

(3)is in the public interest.

(b)The Secretary or Board, as applicable, may, where appropriate, begin a proceeding under this section on the Secretary’s or Board’s own initiative or on application by an interested party.

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

(d)The Secretary or Board, as applicable, may revoke an exemption, to the extent specified, on finding that application of a provision of this part to the person, class, or transportation is necessary to carry out the transportation policy of section 13101.

(e)(1)The exemption authority under this section may not be used to relieve a person from the application of, and compliance with, any law, rule, regulation, standard, or order pertaining to cargo loss and damage, insurance, safety fitness, or activities approved under section 13703 or 14302 or not terminated under section 13907(d)(2).

(2)The Secretary or Board, as applicable, may not exempt a water carrier from the application of, or compliance with, section 13701 or 13702 for transportation in the non-contiguous domestic trade.

(f)The Secretary or Board, as applicable, shall not regulate or exercise jurisdiction under this part over the transportation by water carrier in the non-contiguous domestic trade of any cargo or type of cargo or service which was not subject to regulation by, or under the jurisdiction of, either the Federal Maritime Commission or Interstate Commerce Commission under Federal law in effect on November 1, 1995.

Notes & Related Subsidiaries

Editorial Notes

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).

Statutory Notes and Related Subsidiaries

Effective Date

Section 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 1301 of this title. Abolition of Interstate Commerce Commission Interstate Commerce Commission abolished by section 101 of Pub. L. 104–88, set out as a note under section 1301 of this title.

§13541 Authority to Exempt Transportation or Services