109 STAT. 808
PUBLIC LAW 104-88 —DEC. 29, 1995
Federal Register,
publication.
Federal Register,
publication.
"(iii) employment, retirement, annuity, and unemplo3ment
systems or other provisions related to dealings between employ-
ees and employers.
"(B) The Board has jurisdiction under sections 11102 and 11103
of this title over transportation provided by a local governmental
authority only if the Board finds that such governmental authority
meets all of the standards and requirements for being a rail carrier
providing transportation subject to the jurisdiction of the Interstate
Commerce Commission that were in effect immediately before the
effective date of the ICC Termination Act of 1995. The enactment
of the ICC Termination Act of 1995 shall neither expand nor contract coverage of employees and employers by the Railway Labor
Act, the Railroad Retirement Act of 1974, the Railroad Retirement
Tax Act, and the Railroad Unemployment Insurance Act.
'^§ 10502. Authority to exempt rail carrier transportation
"(a) In a matter related to a rail carrier providing transportation
subject to the jurisdiction of the Board under this part, the Board,
to the maximum extent consistent with this part, shall exempt
a person, class of persons, or a transaction or service whenever
the Board finds that the application in whole or in part of a
provision of this part—
"(1) is not necessary to carry out the transportation policy
of section 10101 of this title; and
"(2) either—
"(A) the transaction or service is of limited scope; or
"(B) the application in whole or in part of the provision
is not needed to protect shippers from the abuse of market
power,
"(b) The Board 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. The Board shall,
within 90 days after receipt of any such application, determine
whether to begin an appropriate proceeding. If the Board decides
not to begin a class exemption proceeding, the reasons for the
decision shall be published in the Federal Register. Any proceeding
begun as a result of an application under this subsection shall
be completed within 9 months after it is begun.
"(c) The Board may specify the period of time during which
an exemption granted under this section is effective.
"(d) The Board may revoke an exemption, to the extent it
specifies, when it finds that application in whole or in part of
a provision of this part to the person, class, or transportation
is necessary to carry out the transportation policy of section 10101
of this title. The Board shall, within 90 days after receipt of a
request for revocation under this subsection, determine whether
to begin an appropriate proceeding. If the Board decides not to
begin a proceeding to revoke a class exemption, the reasons for
the decision shall be published in the Federal Register. Any proceeding begun as a result of a request under this subsection shall
be completed within 9 months after it is begun.
"(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 11706 of this title. Nothing in this subsection or section 11706 of this title shall prevent rail carriers
from offering alternative terms nor give the Board the authority
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