Page:United States Statutes at Large Volume 92 Part 2.djvu/164

 92 STAT. 1444 49 USC 11367.

15 USC 77a.

PUBLIC LAW 95-473—OCT. 17, 1978 § 11367. Application of other laws ' ' (a) Section 78n(a) of title 15 does not apply to a solicitation related to a proposed change under this subchapter. (b) If the Interstate Commerce Commission finds an issuance of a security, that is an interest in a railroad equipment trust as defined in section 77c(a)(6) of title 15, under this subchapter complies with section 11301 of this title, it is considered to be an issuance subject to section 11301 within the meaning of section 77c(a)(6) of title 15. Section 77e of that title does not apply to the issuance, sale, or exchange of certificates of deposit representing securities of, or claims against, a carrier that are issued by committees in proceedings under this subchapter. Those certificates and transactions under this subchapter are exempt from subchapter I of chapter 2A of title 15. CHAPTER 115—FEDERAL-STATE RELATIONS Sec.

49 USC 11501.

Ante, pp. 1359, 1369.

11501. Interstate Commerce Commission authority over intrastate transportation. 11502. Conferences and joint hearings with State authorities. 11503. Tax discrimination against rail transportation property. 11504. Withholding State and local income tax by certain carriers. 11505. State action to enjoin rail carriers from certain actions. 11506. Registration of motor carriers by a State. 11507. Prison-made property governed by State law. §11501. Interstate Commerce Commission authority over intrastate transportation (a)(1) The Interstate Commerce Commission shall prescribe the rate, classification, rule, or practice for transportation or service provided by a carrier subject to the jurisdiction of the Commission under subchapter I or IV of chapter 105 of this title when the Commission finds that a rate, classification, rule, or practice of a State causes— (A) between persons or localities in intrastate commerce and in interstate and foreign commerce, unreasonable discrimination against those persons or localities in interstate or foreign commerce; or (B) unreasonable discrimination against or imposes an unreasonable burden on interstate or foreign commerce. (2) The Commission may make a finding under this subsection involving a carrier providing transportation subject to its jurisdiction under subchapter I of chapter 105 of this title without separating interstate and intrastate property, revenues, and expenses, and without considering the total operations, or their results, of a carrier or group of carriers operating entirely in one State. (b)(1) The Commission has exclusive authority to prescribe an intrastate rate for transportation provided by a rail carrier subject to the jurisdiction of the Commission under subchapter I of chapter 105 of this title when— (^A) a rail carrier files with an appropriate State authority a change in an intrastate rate, or a change in a classifiction, rule, or practice that has the effect of changing an intrastate rate, that adjusts the rate to the rate charged on similar traffic moving in interstate or foreign commerce; and (B) the State authority does not act finally on the change by the 120th day after it was filed. (2) When a rail carrier files an application with the Commission under this subsection, the Commission shall prescribe the intrastate rate under the standards of subsection (a) of this section. Notice of the application shall be served on the State authority.

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