Page:United States Statutes at Large Volume 94 Part 2.djvu/635

 PUBLIC LAW 96-448—OCT. 14, 1980

94 STAT. 1913

"§ 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 when the Commission finds that the application of a provision of this subtitle— "(1) is not necessary to carry out the transportation policy of section 10101a of this title; and "(2) either (A) the transaction or service is of limited scope, or (B) the application of a provision of this subtitle is not needed to protect shippers from the abuse of market power. "(b) The Commission 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. "(c) The Commission may specify the period of time during which an exemption granted under this section is effective. "(d) The Commission may revoke an exemption, to the extent it specifies, when it finds that application of a provision of this subtitle to the person, class, or transportation is necessary to carry out the transportation policy of section 10101a of this title. "(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 11707 of this title. Nothing in this subsection or section 11707 of this title shall prevent rail carriers from offering alternative terms nor give the Commission the authority to require any specific level of rates or services based upon the provisions of section 11707 of this title. "(f) The Commission may exercise its authority under this section to exempt transportation that is provided by a rail carrier as a part of a continuous intermodal movement. "(g) The Commission may not exercise its authority under this section (1) to authorize intermoded ownership that is otherwise prohibited by this title, or (2) to relieve a carrier of its obligation to protect the interests of employees as required by this subtitle."

Ante, p. 1897.

Exemption revocation.

Liability and claims. 49 USC 11707.

Intermodal ownership, prohibition.

INTRASTATE RATES

SEC. 214. (a) Section 11501(a) of title 49, United States Code, is amended— (1) by striking out paragraph (2). (2) by striking out "(a)(l) and inserting in lieu thereof "(a)"; (3) by striking out "subchapter I or IV and inserting in lieu thereof "subchapter IV"; and (4) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively. (b) Section 11501 of title 49, United States Code, is amended by redesignating subsections (b) and (c) as subsections (d) and (e), respectively, and by inserting immediately after subsection (a) the following new subsections: "(b)(1) A State authority may only exercise jurisdiction over intrastate transportation provided by a rail carrier providing transportation subject to the jurisdiction of the Commission under subchapter I of chapter 105 of this title if such State authority exercises such 49 USC 10501. jurisdiction exclusively in accordance with the provisions of this subtitle. "(2) Within 120 days after the effective date of the Staggers Rail Act of 1980, each State authority exercising jurisdiction over intrastate Ante, p. 1895.

�