
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC13541]

 
                        TITLE 49--TRANSPORTATION
 
                 SUBTITLE IV--INTERSTATE TRANSPORTATION
 
 PART B--MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT FORWARDERS
 
                        CHAPTER 135--JURISDICTION
 
                   SUBCHAPTER IV--AUTHORITY TO EXEMPT
 
Sec. 13541. Authority to exempt transportation or services

    (a) In General.--In any matter subject to jurisdiction 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 provision of this part, or use this exemption 
authority 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 provision--
        (1) is not necessary to carry out the transportation 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 application 
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 extent 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 
    compliance with, any law, rule, regulation, standard, or order 
    pertaining to cargo loss and damage, insurance, safety fitness, or 
    activities approved under section 13703 or 14302 or not terminated 
    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 Exemptions for Water 
Carriers.--The Secretary or Board, as applicable, shall not regulate or 
exercise jurisdiction under this part over the transportation 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 November 1, 1995.

(Added Pub. L. 104-88, title I, Sec. 103, Dec. 29, 1995, 109 Stat. 866.)


                            Prior Provisions

    Provisions similar to those in this section were contained in 
section 10505 of this title prior to the general amendment of this 
subtitle by Pub. L. 104-88, Sec. 102(a).

               Abolition of Interstate Commerce Commission

    Interstate Commerce Commission abolished by section 101 of Pub. L. 
104-88, set out as a note under section 701 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 14303 of this title.
