49 U.S.C. § 13541

Authority to exempt transportation or services

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(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, § 103, Dec. 29, 1995, 109 Stat. 866.)Editorial NotesPrior 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, § 102(a).

Statutory Notes and Related SubsidiariesEffective Date

Section effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title.

Abolition of Interstate Commerce Commission

Interstate Commerce Commission abolished by section 101 of Pub. L. 104–88, set out as a note under section 1301 of this title.

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 2010–2021 · leading case: In Re Hawaiian & Guamanian Cabotage Antitrust Litig., 754 F. Supp. 2d 1239 (W.D. Wash. 2010).

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In Re Hawaiian & Guamanian Cabotage Antitrust Litig., 754 F. Supp. 2d 1239 (W.D. Wash. 2010). “” 49 U.S.C. § 13541 (e)(2). With its forbearance authority, the FCC has not only excused CMRS providers from filing tariffs, it has prohibited them from doing so.”

Small Bus. in Transp. Coalition v. Dep't of Transp. (D.D.C. 2021). · cites it 2× “However, unlike HOS regulations, exemptions from the Broker Bond 8 Requirement fall under 49 U.S.C. § 13541 (a). 4 Under § 13541(a), the Secretary “shall exempt a person” from “the application, in whole or in part, of a provision of this part” when the Secretary finds “that the…”

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