Attachment A: 49 U.S.C. 13303

Page 275

ing the deposition are entitled to the same fees
and mileage paid for those services in the courts
of the United States.
(f) POWERS OF BOARD.—For those provisions of
this part that are specified to be carried out by
the Board, the Board shall have the same powers
as the Secretary has under this section.
(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995,
109 Stat. 856.)
PRIOR PROVISIONS
Provisions similar to those in this section were contained in section 10321 of this title prior to the general
amendment of this subtitle by Pub. L. 104–88, § 102(a).
EFFECTIVE DATE
Chapter 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 701 of this title.

§ 13302. Intervention
Under regulations of the Secretary, reasonable
notice of, and an opportunity to intervene and
participate in, a proceeding under this part related to transportation subject to jurisdiction
under subchapter I of chapter 135 shall be given
to interested persons.

§ 13304. Service of process in court proceedings
(a) DESIGNATION OF AGENT.—A motor carrier or
broker providing transportation subject to jurisdiction under chapter 135, including a motor carrier or broker operating within the United
States while providing transportation between
places in a foreign country or between a place in
one foreign country and a place in another foreign country, shall designate an agent in each
State in which it operates by name and post office address on whom process issued by a court
with subject matter jurisdiction may be served
in an action brought against that carrier or
broker. The designation shall be in writing and
filed with the Department of Transportation and
each State in which the carrier operates may require that an additional designation be filed
with it. If a designation under this subsection is
not made, service may be made on any agent of
the carrier or broker within that State.
(b) CHANGE.—A designation under this section
may be changed at any time in the same manner
as originally made.
(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995,
109 Stat. 858.)

(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995,
109 Stat. 858.)

PRIOR PROVISIONS

PRIOR PROVISIONS

Provisions similar to those in this section were contained in section 10330 of this title prior to the general
amendment of this subtitle by Pub. L. 104–88, § 102(a).

Provisions similar to those in this section were contained in section 10328 of this title prior to the general
amendment of this subtitle by Pub. L. 104–88, § 102(a).

(a) AGENTS FOR SERVICE OF PROCESS.—A carrier, a broker, or a freight forwarder providing
transportation or service subject to jurisdiction
under chapter 135 shall designate, in writing, an
agent by name and post office address on whom
service of notices in a proceeding before, and of
actions of, the Secretary may be made.
(b) FILING WITH STATE.—A motor carrier providing transportation under this part shall also
file the designation with the appropriate authority of each State in which it operates. The designation may be changed at any time in the
same manner as originally made.
(c) NOTICE.—A notice to a motor carrier,
freight forwarder, or broker shall be served personally or by mail on the motor carrier, freight
forwarder, or broker or on its designated agent.
Service by mail on the designated agent shall be
made at the address filed for the agent. When
notice is given by mail, the date of mailing is
considered to be the time when the notice is
served. If a motor carrier, freight forwarder, or
broker does not have a designated agent, service
may be made by posting a copy of the notice at
the headquarters of the Department of Transportation.
(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995,
109 Stat. 858.)
Provisions similar to those in this section were contained in section 10329 of this title prior to the general
amendment of this subtitle by Pub. L. 104–88, § 102(a).
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 13906 of this
title.

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CHAPTER 135—JURISDICTION
SUBCHAPTER I—MOTOR CARRIER
TRANSPORTATION
Sec.

13501.
13502.
13503.
13504.
13505.
13506.
13507.
13508.

General jurisdiction.
Exempt transportation between Alaska and
other States.
Exempt motor vehicle transportation in terminal areas.
Exempt motor carrier transportation entirely
in one State.
Transportation furthering a primary business.
Miscellaneous motor carrier transportation
exemptions.
Mixed loads of regulated and unregulated
property.
Limited authority over cooperative associations.
SUBCHAPTER II—WATER CARRIER
TRANSPORTATION

13521.

General jurisdiction.

SUBCHAPTER III—FREIGHT FORWARDER
SERVICE
13531.

General jurisdiction.

SUBCHAPTER IV—AUTHORITY TO EXEMPT

PRIOR PROVISIONS

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SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 13906, 13908 of
this title.

§ 13303. Service of notice in proceedings

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§ 13304

TITLE 49—TRANSPORTATION

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13541.

Authority to exempt transportation or services.
CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 113, 13102, 13303,
13304, 13701, 13702, 13703, 14101, 14121, 14501, 14704, 14705,
14902, 14903, 14908, 14911 of this title.

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