§10531. Mass transportation exemption
(a) Definitions.-The definitions in section 5302(a) of this title apply to this section.
(b) Petition for Granting Exemptions.-A State or local governmental authority may petition the Interstate Commerce Commission for an exemption from the jurisdiction of the Commission under this subchapter for mass transportation the authority provides or has provided to it by contract. Not later than 180 days after the Commission receives a petition and after notice and a reasonable opportunity for a proceeding, the Commission shall exempt the State, local governmental authority, or contractor unless the Commission finds that-
(1) the public interest would not be served by an exemption;
(2) the exemption would result in an unreasonable burden on interstate or foreign commerce; or
(3) a State or local governmental authority may not regulate the mass transportation to be exempt under this section.
(c) Application of Other Laws.-All applicable laws of the United States related to safety and to representation of employees for collective bargaining purposes, retirement, annuities, and unemployment systems, and all other laws related to employee-employer relations, apply to a State or local governmental authority that was granted, or whose contractor was granted, an exemption under this section.
(d) Changing and Revoking Exemptions.-The Commission may change or revoke an exemption if it finds that new evidence, material error, or changed circumstances exist that materially affect the original order. The Commission may act on its own initiative or on application of an interested party.
(Added
Pub. L. 103–272, §3(1), July 5, 1994, 108 Stat. 1360
.)
Historical and Revision Notes
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| 10531(a) |
(no source). |
|
| 10531(b) |
49 App.:1608(f)(1). |
July 9, 1964,
Pub. L. 88–365,
78 Stat. 302
, §12(f); added Nov. 6, 1978,
Pub. L. 95–599, §308(d), 92 Stat. 2747
. |
| 10531(c) |
49 App.:1608(f)(2) (1st sentence). |
|
| 10531(d) |
49 App.:1608(f)(2) (last sentence). |
|
Subsection (a) is included because the source provisions are taken from the Federal Transit Act (Public Law 88–365,
78 Stat. 302). Section 12(c) of the Act contains general definitions, some of which are used in the source provisions. Subsection (a) is included to ensure that the identical definitions that are relevant are used without repeating them. The source provisions for the definitions are found in the revision notes for section 5302 of the revised title.
In subsection (b), before clause (1), the words "the jurisdiction of the Commission under" are added for clarity. The words "the date" are omitted as surplus. The word "proceeding" is substituted for "hearing" for consistency in the revised title and with other titles of the United States Code. The words "by order" and "from subchapter II of chapter 105 of title 49 with respect to such mass transportation services to the extent and for such time as it specifies in such order" are omitted as surplus. In clause (2), the word "requested" is omitted as surplus. In clause (3), the words "including rates, proposed" are omitted as surplus. The words "under this section" are added for clarity.
In subsection (d), the words "amend" and "subsequently" are omitted as surplus.
Section Referred to in Other Sections
This section is referred to in section 10922 of this title.