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

Page 475 TITLE 49—TRANSPORTATION § 13541 Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 10541 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 pro- vided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title. SUBCHAPTER III—FREIGHT FORWARDER SERVICE § 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 SERV- ICE.—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. (Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 865.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 10561 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 pro- vided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title. SUBCHAPTER IV—AUTHORITY TO EXEMPT § 13541. Authority to exempt transportation or services (a) IN GENERAL.—In any matter subject to ju- risdiction 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 provi- sion of this part, or use this exemption author- ity 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 provi- sion— (1) is not necessary to carry out the trans- portation 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) INITIATION OF PROCEEDING.—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 ap- plication by an interested party. (c) PERIOD OF EXEMPTION.—The Secretary or Board, as applicable, may specify the period of time during which an exemption granted under this section is effective. (d) REVOCATION.—The Secretary or Board, as applicable, may revoke an exemption, to the ex- tent 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) LIMITATIONS.— (1) IN GENERAL.—The exemption authority under this section may not be used to relieve a person from the application of, and compli- ance with, any law, rule, regulation, standard, or order pertaining to cargo loss and damage, insurance, safety fitness, or activities ap- proved under section 13703 or 14302 or not ter- minated under section 13907(d)(2). (2) WATER CARRIERS.—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) CONTINUATION OF CERTAIN EXISTING EXEMP- TIONS FOR WATER CARRIERS.—The Secretary or Board, as applicable, shall not regulate or exer- cise jurisdiction under this part over the trans- portation 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 No- vember 1, 1995. (Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 866.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained 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 pro- vided 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 sec- tion 101 of Pub. L. 104–88, set out as a note under sec- tion 1301 of this title. CHAPTER 137—RATES AND THROUGH ROUTES Sec. 13701. Requirements for reasonable rates, classifica- tions, through routes, rules, and practices for certain transportation.