Browse Arkansas Code titles and sections

49 U.S.C. § 10502 — Authority to exempt rail carrier transportation

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 10502 — Authority to exempt rail carrier transportation

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 10502

Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.

Original supplied file — preserved unchanged

Download original Markdown file

File SHA-256: 34e8059fcca9b8fae7b9bb117dcc87684c2edc2598d50b8d82288e32551e1d2f. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.

Authority boundary: historical or unconfirmed source not current law verified.

Open the recorded source website ↗

Record provenance

Stable record: federal_law:legal_authorities:record_usc_0f0cb70e8751ec7bd82e98e4
Source file: Laws/federal/codes/united-states-code/title-49/section-10502-authority-to-exempt-rail-carrier-transportation--5b22530ab1.md
Pages: Not recorded – Not recorded
Passage SHA-256: ddb5519e0bbeecda4d2609cd495465014ef778b6f873e02bdd383156c0b11b24

Source location: Title 49, Chapter 105, § 10502; chapter-105-jurisdiction.md

Stored source content

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section10101&num=0&edition=prelim); 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section10101&num=0&edition=prelim). 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section11706&num=0&edition=prelim). Nothing in this subsection or [section 11706 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section11706&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section11706&num=0&edition=prelim). **(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.

Cross-references

Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 10703 — Authority for rail carriers to establish through routes

Rail carriers providing transportation subject to the jurisdiction of the Board under this part shall establish through routes (including physical connections) with each other and with water carriers providing transportation subject to chapter 137, shall establish rates and classifications applicable to those routes, and shall establish rules for their operation and provide— (1) reasonable facilities for operating the through route; and (2) reasonable compensation to persons entitled to compensation for services related to the through route.

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 10703

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 13521 — General jurisdiction

**(a) General Rules.—** The Secretary and the Board have jurisdiction over transportation insofar as water carriers are concerned— (1) by water carrier between a place in a State and a place in another State, even if part of the transportation is outside the United States; (2) by water carrier and motor carrier from a place in a State to a place in another State; except that if part of the transportation is outside the United States, the Secretary only has jurisdiction over that part of the transportation provided— (A) by motor carrier that is in the United States; and (B) by water carrier that is from a place in the United States to another place in the United States; and (3) by water carrier or by water carrier and motor carrier between a place in the United States and a place outside the United States, to the extent that— (A) when the transportation is by motor carrier, the transportation is provided in the United States; (B) when the transportation is by water carrier to a place outside the United States, the transportation is provided by water carrier from a place in the United States to another place in the United States before transshipment from a place in the United States to a place outside the United States; and (C) when the transportation is by water carrier from a place outside the United States, the transportation is provided by water carrier from a place in the United States to another place in the United States after transshipment to a place in the United States from a place outside the United States. **(b) Definitions.—** In this section, the terms “State” and “United States” include the territories and possessions of the United States.

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 13521

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 13507 — Mixed loads of regulated and unregulated property

A motor carrier of property providing transportation exempt from jurisdiction under paragraph (6), (8), (11), (12), or (13) of section 13506(a) may transport property under such paragraph in the same vehicle and at the same time as property which the carrier is authorized to transport under a registration issued under section 13902(a). Such transportation shall not affect the unregulated status of such exempt property or the regulated status of the property which the carrier is authorized to transport under such registration.

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 13507

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 13501 — General jurisdiction

The Secretary and the Board have jurisdiction, as specified in this part, over transportation by motor carrier and the procurement of that transportation, to the extent that passengers, property, or both, are transported by motor carrier— (1) between a place in— (A) a State and a place in another State; (B) a State and another place in the same State through another State; (C) the United States and a place in a territory or possession of the United States to the extent the transportation is in the United States; (D) the United States and another place in the United States through a foreign country to the extent the transportation is in the United States; or (E) the United States and a place in a foreign country to the extent the transportation is in the United States; and (2) in a reservation under the exclusive jurisdiction of the United States or on a public highway.

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 13501

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 1301 — Establishment of Board

**(a) Establishment.—** The Surface Transportation Board is an independent establishment of the United States Government. **(b) Membership.—** (1) The Board shall consist of 5 members, to be appointed by the President, by and with the advice and consent of the Senate. Not more than 3 members may be appointed from the same political party. (2) At all times— (A) at least 3 members of the Board shall be individuals with professional standing and demonstrated knowledge in the fields of transportation, transportation regulation, or economic regulation; and (B) at least 2 members shall be individuals with professional or business experience (including agriculture) in the private sector. (3) The term of each member of the Board shall be 5 years and shall begin when the term of the predecessor of that member ends. An individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, shall be appointed for the remainder of that term. When the term of office of a member ends, the member may continue to serve until a successor is appointed and qualified, but for a period not to exceed one year. The President may remove a member for inefficiency, neglect of duty, or malfeasance in office. (4) No individual may serve as a member of the Board for more than 2 terms. In the case of an individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, such individual may not be appointed for more than one additional term. (5) A member of the Board may not have a pecuniary interest in, hold an official relation to, or own stock in or bonds of, a carrier providing transportation by any mode and may not engage in another busines

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 1301

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 13508 — Limited authority over cooperative associations

**(a) In General.—** Notwithstanding section 13506(a)(5), any cooperative association (as defined by section 15(a) of the Agricultural Marketing Act ([12 U.S.C. 1141j(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1141j/a&num=0&edition=prelim))) or a federation of cooperative associations shall prepare and maintain such records relating to transportation provided by such association or federation, in such form as the Secretary or the Board may require by regulation to carry out the provisions of such section 13506(a)(5). The Secretary or the Board, or an employee designated by the Secretary or the Board, may on demand and display of proper credentials— (1) inspect and examine the lands, buildings, and equipment of such association or federation; and (2) inspect and copy any record of such association or federation. **(b) Reports.—** Notwithstanding section 13506(a)(5), the Secretary or the Board may require a cooperative association or federation of cooperative associations described in subsection (a) of this section to file reports with the Secretary or the Board containing answers to questions about transportation provided by such association or federation. **(c) Enforcement.—** The Secretary or the Board may bring a civil action to enforce subsections (a) and (b) of this section or a regulation or order of the Secretary or the Board issued under this section, when violated by a cooperative association or federation of cooperative associations described in subsection (a). **(d) Reporting Penalties.—** (1) **In general.—** — A person required to make a report to the Secretary or the Board, answer a question, or maintain a record under this section, or an officer, agent, or employee of that person, that— (A) does not make the re

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 13508

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 13531 — General jurisdiction

**(a) In General.—** The Secretary and the Board have jurisdiction, as specified in this part, over service that a freight forwarder undertakes to provide, or is authorized or required under this part to provide, to the extent transportation is provided in the United States and is between— (1) a place in a State and a place in another State, even if part of the transportation is outside the United States; (2) a place in a State and another place in the same State through a place outside the State; or (3) a place in the United States and a place outside the United States. **(b) Exemption of Certain Air Carrier Service.—** Neither the Secretary nor the Board has jurisdiction under subsection (a) of this section over service undertaken by a freight forwarder using transportation of an air carrier subject to part A of subtitle VII of this title.

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 13531

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 13505 — Transportation furthering a primary business

**(a) In General.—** Neither the Secretary nor the Board has jurisdiction under this part over the transportation of property by motor vehicle when— (1) the property is transported by a person engaged in a business other than transportation; and (2) the transportation is within the scope of, and furthers a primary business (other than transportation) of the person. **(b) Corporate Families.—** (1) **In general.—** — Neither the Secretary nor the Board has jurisdiction under this part over transportation of property by motor vehicle for compensation provided by a person who is a member of a corporate family for other members of such corporate family. (2) **Definition.—** — In this section, “corporate family” means a group of corporations consisting of a parent corporation and all subsidiaries in which the parent corporation owns directly or indirectly a 100 percent interest.

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 13505

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 10101 — Rail transportation policy

In regulating the railroad industry, it is the policy of the United States Government— (1) to allow, to the maximum extent possible, competition and the demand for services to establish reasonable rates for transportation by rail; (2) to minimize the need for Federal regulatory control over the rail transportation system and to require fair and expeditious regulatory decisions when regulation is required; (3) to promote a safe and efficient rail transportation system by allowing rail carriers to earn adequate revenues, as determined by the Board; (4) to ensure the development and continuation of a sound rail transportation system with effective competition among rail carriers and with other modes, to meet the needs of the public and the national defense; (5) to foster sound economic conditions in transportation and to ensure effective competition and coordination between rail carriers and other modes; (6) to maintain reasonable rates where there is an absence of effective competition and where rail rates provide revenues which exceed the amount necessary to maintain the rail system and to attract capital; (7) to reduce regulatory barriers to entry into and exit from the industry; (8) to operate transportation facilities and equipment without detriment to the public health and safety; (9) to encourage honest and efficient management of railroads; (10) to require rail carriers, to the maximum extent practicable, to rely on individual rate increases, and to limit the use of increases of general applicability; (11) to encourage fair wages and safe and suitable working conditions in the railroad industry; (12) to prohibit predatory pricing and practices, to avoid undue concentrations of market power, and to prohibit unlawful discrimination; (13) to ensure the av

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 10101

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 13506 — Miscellaneous motor carrier transportation exemptions

**(a) In General.—** Neither the Secretary nor the Board has jurisdiction under this part over— (1) a motor vehicle transporting only school children and teachers to or from school; (2) a motor vehicle providing taxicab service; (3) a motor vehicle owned or operated by or for a hotel and only transporting hotel patrons between the hotel and the local station of a carrier; (4) a motor vehicle controlled and operated by a farmer and transporting— (A) the farmer’s agricultural or horticultural commodities and products; or (B) supplies to the farm of the farmer; (5) a motor vehicle controlled and operated by a cooperative association (as defined by section 15(a) of the Agricultural Marketing Act ([12 U.S.C. 1141j(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1141j/a&num=0&edition=prelim))) or by a federation of cooperative associations if the federation has no greater power or purposes than a cooperative association, except that if the cooperative association or federation provides transportation for compensation between a place in a State and a place in another State, or between a place in a State and another place in the same State through another State— (A) for a nonmember that is not a farmer, cooperative association, federation, or the United States Government, the transportation (except for transportation otherwise exempt under this subchapter)— (i) shall be limited to transportation incidental to the primary transportation operation of the cooperative association or federation and necessary for its effective performance; and (ii) may not exceed in each fiscal year 25 percent of the total transportation of the cooperative association or federation between those places, measured by tonnage; and (B) the transp

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 13506

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.