Page:United States Statutes at Large Volume 92 Part 2.djvu/81

 PUBLIC LAW 95-473—OCT. 17, 1978

92 STAT. 1361

(B) includes a person or entity that contracts with the local public body to provide transportation services. (2) "rail mass transportation" means transportation services "Rail mass described in section 1608(c)(6) of this title that are provided by transportation.' 49 USC 1608. rail, (b) The Interstate Commerce Commission does not have jurisdic- Jursidiction. tion under this subtitle over rail mass transportation provided by a local public body if— (1) the Commission would have jurisdiction but for this section; and (2) the fares of the local public body, or its authority to apply to the Commission for changes in those fares, is subject to the approval or disapproval of the chief executive officer of the State in which the transportation is provided. 49 USC 10505. § 10505. Authority to exempt rail carrier transportation (a) In a matter related to a rail carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under this subchapter, the Commission shall exempt a person, class of persons, or a transaction or service because of the limited scope of the transaction or service, when the Commission finds that the application of a provision of this subtitle— (1) is not necessary to carry out the transportation policy of Ante, p. 1337. section 10101 of this title; (2) would be an unreasonable burden on a person, class of persons, or interstate and foreign commerce; and (3) would serve little or no useful public purpose. (b) The Commission may begin a proceeding under this section on its own initiative or on application by the Secretary of Transportation or an interested party. The Commission may specify the period of time during which the exemption is effective. (c) The Commission may revoke an exemption, to the extent it Revocation. specifies, when it finds that application of a provision of this subtitle to the person, class, or transportation is necessary— (1) to carry out the transportation policy of section 10101 of this title; (2) to achieve effective regulation by the Commission; and (8) to serve a useful public purpose. (d) The Commission may act under this section only after an opportunity for a proceeding. SUBCHAPTER II—MOTOR CARRIER TRANSPORTATION 49 USC 10521. § 10521. General jurisdiction (a) Stibject to this chapter and other law, the Interstate Commerce Commission has jurisdiction 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;

39-194 O—80—pt. 2

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