§10928. Temporary authority for motor and water carriers

(a) Without regard to subchapter II of chapter 103 of this title and subchapter II of chapter 5 of title 5, the Interstate Commerce Commission may grant a water carrier temporary authority to provide transportation to a place or in an area having, respectively, no water carrier capable of meeting the immediate needs of the place or area. Unless suspended or revoked, the Commission may grant the temporary authority for not more than 180 days. A grant of temporary authority does not establish a presumption that permanent authority to provide transportation will be granted under this subchapter.

(b)(1) Without regard to subchapter II of chapter 103 of this title and subchapter II of chapter 5 of title 5, the Commission, pursuant to such regulations as the Commission may issue, may grant a motor carrier temporary authority to provide transportation to a place or in an area having no motor carrier capable of meeting the immediate needs of the place or area. Unless suspended or revoked, the Commission may grant the temporary authority for not more than 270 days. A grant of temporary authority does not establish a presumption that permanent authority to provide transportation will be granted under this subchapter.

(2) The Commission shall take final action upon an application filed under this subsection no later than 90 days after the date the application is filed with the Commission.

(c)(1) Without regard to subchapter II of chapter 103 of this title and subchapter II of chapter 5 of title 5, the Commission, pursuant to such regulations as the Commission may issue, may grant a motor carrier emergency temporary authority to provide transportation to a place or in an area having no motor carrier capable of meeting the immediate needs of the place or area if the Commission determines that, due to emergency conditions, there is not sufficient time to process an application for temporary authority under subsection (b) of this section. Unless suspended or revoked, the Commission may grant the emergency temporary authority for not more than 30 days, and the Commission may extend such authority for a period of not more than 90 days and, in addition, in the case of a motor carrier of passengers, the Commission may extend such authority for a period of more than 90 days but not more than 180 days if no other motor carrier of passengers is providing transportation to the place or in the area. A grant of emergency temporary authority does not establish a presumption that permanent authority to provide transportation will be granted under this subchapter.

(2) The Commission shall take final action upon an application filed under this subsection not later than 15 days after the date the application is filed with the Commission.

( Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1414 ; Pub. L. 96–296, §23, July 1, 1980, 94 Stat. 814 ; Pub. L. 97–261, §15, Sept. 20, 1982, 96 Stat. 1114 .)

The word "transportation" is substituted each place for "service" and "transportation service" for consistency and as being more precise because the jurisdictional grant to the Interstate Commerce Commission under subchapter III of chapter 105 of the revised title is jurisdiction over transportation. The words "Without regard to subchapter II of chapter 103 of this title and subchapter II of chapter 5 of title 5" are substituted for "without hearings or other proceedings" as being more precise. The words "motor carrier or water carrier" are inserted before "carrier capable" for clarity. The phrase "not more than 180 days" is retained. The amendments made by sections 102 and 103 of the Act of March 27, 1942, striking the words "not to exceed 180 days" expired on March 31, 1947, and the words struck out were restored to the law, by virtue of section 1501 of the same Act, as amended (60 Stat. 345; 50 U.S.C. app. 645). The words "and urgent" are omitted as redundant. The words "place" and "area" are substituted for "point" and "territory", respectively, for consistency. The words "or points" are omitted as unnecessary. The words "in its discretion" are omitted as surplus. The words "Unless suspended or revoked" are made applicable to 49:911(a) for clarity and consistency. The words "under this subchapter" are inserted for clarity. 49:310a(c) is omitted for consistency and as being unnecessary in view of the authority of the Commission to grant the authority and the general authority of the Commission under section 10321(a) of the revised title to carry out the subtitle.

Amendments

1982-Subsec. (a). Pub. L. 97–261, §15(1), struck out "motor carrier of passengers or" before "water carrier" wherever appearing.

Subsec. (b)(1). Pub. L. 97–261, §15(2), struck out "of property" after "motor carrier" wherever appearing.

Subsec. (c)(1). Pub. L. 97–261, §15(3), struck out "of property" after "motor carrier" wherever appearing, and inserted to the provisions relating to the duration of a grant of emergency temporary transportation authority further provision that in the case of a motor carrier of passengers, the Commission may extend such authority for a period of more than 90 days but not more than 180 days if no other motor carrier of passengers is providing transportation to the place or in the area.

1980-Pub. L. 96–296 designated existing provision as subsec. (a), inserted "of passengers" after "motor carrier" in two places, and added subsecs. (b) and (c).

Effective Date of 1982 Amendment

Amendment by Pub. L. 97–261 effective on 60th day after Sept. 20, 1982, see section 31(a) of Pub. L. 97–261, set out as a note under section 10101 of this title.

Section Referred to in Other Sections

This section is referred to in sections 10322, 10328 of this title.