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

Page 474 TITLE 49—TRANSPORTATION § 13521 cooperative associations described in subsection (a) of this section to file reports with the Sec- retary or the Board containing answers to ques- tions about transportation provided by such as- sociation 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 as- sociation or federation of cooperative associa- tions 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 report; (B) does not specifically, completely, and truthfully answer the question; or (C) does not maintain the record in the form and manner prescribed under this sec- tion; is liable to the United States for a civil pen- alty of not more than $500 for each violation and for not more than $250 for each additional day the violation continues. (2) VENUE.—Trial in a civil action under paragraph (1) shall be in the judicial district in which— (A) the cooperative association or federa- tion of cooperative associations has its prin- cipal office; (B) the violation occurred; or (C) the offender is found. Process in the action may be served in the ju- dicial district of which the offender is an in- habitant or in which the offender may be found. (e) EVASION PENALTIES.—A person, or an offi- cer, employee, or agent of that person, that by any means knowingly and willfully tries to evade compliance with the provisions of this section shall be fined at least $200 but not more than $500 for the first violation and at least $250 but not more than $2,000 for a subsequent viola- tion. (f) RECORDKEEPING PENALTIES.—A person re- quired to make a report, answer a question, or maintain a record under this section, or an offi- cer, agent, or employee of that person, that— (1) willfully does not make that report; (2) willfully does not specifically, com- pletely, and truthfully answer that question in 30 days from the date that the question is re- quired to be answered; (3) willfully does not maintain that record in the form and manner prescribed; (4) knowingly and willfully falsifies, de- stroys, mutilates, or changes that report or record; (5) knowingly and willfully files a false re- port or record under this section; (6) knowingly and willfully makes a false or incomplete entry in that record about a busi- ness-related fact or transaction; or (7) knowingly and willfully maintains a record in violation of a regulation or order issued under this section; shall be fined not more than $5,000. (Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 863.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 10529 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 II—WATER CARRIER TRANSPORTATION § 13521. General jurisdiction (a) GENERAL RULES.—The Secretary and the Board have jurisdiction over transportation in- sofar 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 transpor- tation 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 car- rier from a place in the United States to an- other 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 terri- tories and possessions of the United States. (Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 865.) 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.