CHAPTER 105—JURISDICTION

SUBCHAPTER I—RAIL, RAIL-WATER, EXPRESS, AND PIPELINE CARRIER TRANSPORTATION

SUBCHAPTER II—MOTOR CARRIER TRANSPORTATION

SUBCHAPTER III—WATER CARRIER TRANSPORTATION

SUBCHAPTER IV—FREIGHT FORWARDER SERVICE

Amendments

1994—Pub. L. 103–311, title II, §205(c)(2), Aug. 26, 1994, 108 Stat. 1684, inserted “and motor carrier” after “rail carrier” in item 10505.

Pub. L. 103–272, §§3(2), 4(j)(11)(C), July 5, 1994, 108 Stat. 1360, 1368, added item 10531 and struck out item 508 “Certification of weights and description”.

1992—Pub. L. 102–548, §2(e), Oct. 28, 1992, 106 Stat. 3649, added item 508.

1986—Pub. L. 99–521, §6(d)(2), Oct. 22, 1986, 100 Stat. 2994, substituted “Repealed” for “Exempt freight forwarder service” in item 10562.

1984—Pub. L. 98–554, title II, §226(a)(2), Oct. 30, 1984, 98 Stat. 2850, added item 10530.

1980—Pub. L. 96–296, §§16(b), 21(b)(2), 24(b)(2), July 1, 1980, 94 Stat. 810, 812, 816, added items 10527, 10528, and 10529.

Chapter Referred to in Other Sections

This chapter is referred to in sections 10102, 10322, 10701, 10702, 10703, 10705, 10706, 10721, 10723, 10724, 10741, 10747, 10749, 10751, 10761, 10762, 10764, 10765, 11141, 11348, 11703, 11705, 11706, 11902, 11903, 11910, 11915, 24501 of this title; title 45 section 1207.

SUBCHAPTER I—RAIL, RAIL-WATER, EXPRESS, AND PIPELINE CARRIER TRANSPORTATION

Subchapter Referred to in Other Sections

This subchapter is referred to in sections 10102, 10322, 10327, 10329, 10330, 10523, 10541, 10543, 10544, 10701, 10701a, 10703, 10704, 10705, 10705a, 10706, 10707, 10707a, 10709, 10713, 10721, 10722, 10723, 10724, 10725, 10726, 10728, 10730, 10731, 10741, 10742, 10745, 10746, 10748, 10750, 10762, 10763, 10764, 10765, 10781, 10783, 10784, 10786, 10901, 10902, 10903, 10904, 10907, 10908, 10909, 10923, 10930, 10933, 11103, 11104, 11105, 11121, 11124, 11125, 11126, 11128, 11141, 11143, 11144, 11162, 11164, 11166, 11301, 11321, 11323, 11342, 11343, 11344, 11345, 11346, 11350, 11501, 11502, 11503, 11504, 11701, 11702, 11705, 11706, 11707, 11710, 11901, 11904, 11905, 11907, 11908, 11909, 11910, 11913a, 11914, 22101, 22107, 24301, 24501 of this title; title 26 sections 168, 281, 3231, 7701; title 29 section 213; title 33 sections 1507, 1512; title 45 sections 231, 351, 661.

§10501. General jurisdiction

(a) Subject to this chapter and other law, the Interstate Commerce Commission has jurisdiction over transportation—

(1) by rail carrier, express carrier, sleeping car carrier, water common carrier, and pipeline carrier that is—

(A) only by railroad;

(B) by railroad and water, when the transportation is under common control, management, or arrangement for a continuous carriage or shipment; or

(C) by pipeline or by pipeline and railroad or water when transporting a commodity other than water, gas, or oil; and

(2) to the extent such jurisdiction is not limited by subsection (b) of this section or the extent the transportation is in the United States and is between a place in—

(A) a State and a place in another State;

(B) the District of Columbia and another place in the District of Columbia;

(C) a State and a place in a territory or possession of the United States;

(D) a territory or possession of the United States and a place in another such territory or possession;

(E) a territory or possession of the United States and another place in the same territory or possession;

(F) the United States and another place in the United States through a foreign country; or

(G) the United States and a place in a foreign country.

(b) The Commission does not have jurisdiction under subsection (a) of this section over—

(1) the transportation of passengers or property, or the receipt, delivery, storage, or handling of property, entirely in a State (other than the District of Columbia) and not transported between a place in the United States and a place in a foreign country except as otherwise provided in this subtitle; or

(2) transportation by a water common carrier when that transportation would be subject to this subchapter only because the water common carrier absorbs, out of its port-to-port water rates or out of its proportional through rates, a switching, terminal, lighterage, car rental, trackage, handling, or other charge by a rail carrier for services in the switching, drayage, lighterage, or corporate limits of a port terminal or district.

(c) This subtitle does not affect the power of a State, in exercising its police power, to require reasonable intrastate transportation by carriers providing transportation subject to the jurisdiction of the Commission under this subchapter unless (1) the transportation is deemed to be subject to the jurisdiction of the Commission pursuant to section 11501(b)(4)(B) of this title, or (2) the State requirement is inconsistent with an order of the Commission issued under this subtitle or is prohibited under this subtitle.

(d) The jurisdiction of the Commission and of State authorities (to the extent such authorities are authorized to administer the standards and procedures of this subtitle pursuant to this section and section 11501(b) of this title) over transportation by rail carriers, and the remedies provided in this subtitle with respect to the rates, classifications, rules, and practices of such carriers, is exclusive.

(Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1359; Pub. L. 96–448, title II, §214(c)(3)–(5), Oct. 14, 1980, 94 Stat. 1915; Pub. L. 103–272, §4(j)(15), July 5, 1994, 108 Stat. 1369.)

In the introductory matter of subsection (a), before clause (1), the words “Subject to this chapter and other provisions of law” are inserted to inform the reader that other sections of the chapter and subtitle qualify the grant of jurisdiction to the Interstate Commerce Commission under the section. The words “the Interstate Commerce Commission has jurisdiction” are substituted for “The provisions of this chapter shall apply to” in 49:1(1) and (2) to eliminate surplus language and for clarity because the intent of the words is to grant the Commission jurisdiction. The words “over transportation” are substituted for the words “to common carriers engaged in” in 49:1(1) and “to such transportation of passengers and property” in 49:1(2) to eliminate redundancy and for consistency with the other general jurisdictional statements at the beginning of each of the subchapters of chapter 105 of the revised title, giving the Commission jurisdiction over transportation.

In subsection (a)(1), before clause (A), the words “rail carrier, express carrier, sleeping car carrier, water common carrier, and pipeline carrier” are substituted for “common carriers” for clarity and because a definition of “common carrier” has been adopted for the subtitle that is broader and includes common carriers other than those to which 49:1(1) and (2) apply.

In subsection (a)(1)(A), the word “only” is substituted for “wholly” for clarity.

In subsection (a)(1)(B), the word “partly” is omitted as surplus.

In subsection (a)(1)(C), the words “natural or artificial” in 49:1(1)(b), before “gas” are omitted as surplus. The word “or” is substituted for “and” in the phrase “except water and . . . gas” in 49:1(1)(b), for clarification because the exemption does not require the pipeline transportation of both water and gas before the exception applies. The exclusion of pipeline transportation of oil from the jurisdiction of the Commission is inserted in view of section 306 of the Department of Energy Organization Act (Pub. L. 95–91), transferring the functions of the Commission related to transporting oil by pipeline to the Department of Energy. The conferees of the 2 Houses explain in their joint statement that the transfer is intended to include “pipeline transportation of crude and refined petroleum and petroleum byproducts, derivatives or petrochemicals.” See House Report 95–539, page 69.

In subsection (a)(2)(A), the words “District of Columbia” are omitted in view of the definition of “State” in section 10102 of the revised title.

In subsection (b)(1), the words “a State (other than the District of Columbia)” are inserted to exclude the District of Columbia from the jurisdictional exemption in view of 49:1(2) that does not now exempt the District of Columbia but would become exempt, but for the exclusion, as the result of the definition of “State” adopted for the revised title. The words “except as otherwise provided in this subtitle” are inserted for clarity.

In subsection (b)(2), the words “passengers or property” are omitted as unnecessary in view of the definition of “transportation” that applies to the subtitle.

In subsection (c), the words “does not affect” are substituted for “nothing . . . shall impair or affect” for clarity and to eliminate redundancy. The word “power” is substituted for “right” for clarity and consistency. The words “freight and passenger service” are omitted as surplus. The word “unless” is substituted for “except insofar” and “except” for clarity. The word “lawful” is omitted as surplus. The words “just and” are omitted for consistency with other provisions of the revised title. See the revision note to section 10101 of the revised title.

Amendments

1994—Subsec. (d). Pub. L. 103–272 substituted “subtitle” for “title” in two places.

1980—Subsec. (a)(2). Pub. L. 96–448, §214(c)(3), inserted “such jurisdiction is not limited by subsection (b) of this section or the extent”.

Subsec. (c). Pub. L. 96–448, §214(c)(4), inserted “(1) the transportation is deemed to be subject to the jurisdiction of the Commission pursuant to section 11501(b)(4)(B) of this title, or (2)”.

Subsec. (d). Pub. L. 96–448, §214(c)(5), added subsec. (d).

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–448 effective Oct. 1, 1980, see section 710(a) of Pub. L. 96–448, set out as a note under section 10101 of this title.

Section Referred to in Other Sections

This section is referred to in section 11126 of this title.

§10502. Express carrier transportation

The Interstate Commerce Commission has jurisdiction under this subchapter, and not under subchapter II or III of this chapter, over transportation of an express carrier—

(1) by motor vehicle, to the extent the transportation was subject to the jurisdiction of the Commission on September 18, 1940, under part I of the Interstate Commerce Act (24 Stat. 379), as amended; and

(2) by water in providing express transportation.

(Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1360.)

The section restates the source provisions for clarity and as a result of the codification of the jurisdictional provisions in chapter 105 of the revised title.

In clause (2), the word “transportation” is substituted for “business” for consistency and because the Interstate Commerce Commission has jurisdiction over transportation.

References in Text

Part I of the Interstate Commerce Act, referred to in par. (1), is act Feb. 4, 1887, ch. 104, 24 Stat. 379, as amended, which was classified to chapter 1 (§1 et seq.) of former Title 49, Transportation, was repealed by Pub. L. 95–473, §4(b), Oct. 17, 1978, 92 Stat. 1467, and is covered by this subchapter.

§10503. Railroad and water transportation connections and rates

(a) When a rail carrier and a water common carrier may or do provide jointly, transportation, not entirely in one State from a place in the United States to another place in the United States, even if part of the transportation is outside the United States, the Interstate Commerce Commission has the following jurisdiction over that transportation:

(1) To establish a physical connection between the railroad lines of the rail carrier and the dock at which an interchange is to be made, the Commission may—

(A) require the rail carrier to make a suitable connection between its lines and tracks that have been constructed from the dock to the limits of the railroad right-of-way;

(B) subject to the same restrictions on findings of public convenience and necessity and other matters that are imposed on construction under sections 10901, 10902, and 10907 of this title, require the rail carrier or water common carrier, or both, to construct to the dock at least one track connecting with the lines of the rail carrier;

(C) determine and prescribe the conditions under which a connecting track is to be operated; and

(D) in the construction or operation of the track, determine the sum to be paid to, or by, either carrier.

(2) The Commission may—

(A) prescribe proportional rates, maximum proportional rates, minimum proportional rates, or maximum and minimum proportional rates, of a rail carrier to and from the ports to which the passengers or property is transported by the water common carrier; and

(B) determine the passengers, property, vessels, and on which conditions those rates apply.

In this paragraph, “proportional rates” means those rates that differ from the corresponding local rates to and from a port and apply only to passengers or property brought to the port or carried from the port by a water common carrier.

(b) The Commission may act under this section only after a full hearing. An order entered as the result of an action may be conditioned on giving security for the payment of an amount of money or the discharge of an obligation that is required to be paid or discharged under that order.

(Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1360.)

In the introductory matter of subsection (a), before paragraph (1), the words “passengers or property” are omitted as unnecessary in view of the definition of transportation that includes passengers and property. The words “the limits of” are omitted as surplus. The words “rail carrier and a water common carrier” are substituted for “by rail and water . . . by a common carrier or carriers” to eliminate redundancy and for consistency with 49:1 (1) and (2) that have used the terms “rail carrier” and “water carrier” (meaning “water common carrier”) since the enactment of the original provision in 1912. The word “jointly” is inserted for clarity. The words “even if part of the transportation is outside the United States” is substituted for “through the Panama Canal or otherwise” as being more precise. See United States v. New York Central R.R., 272 U.S. 457, 1926; Penn. R.R. Co. v. United States, 55 F. Supp. 473, 484, D.C.N.J., 1943, reversed in part on other grounds, 323 U.S. 612, 1945. The words “in the following particulars, in addition to the jurisdiction given by this chapter” are omitted as surplus. The words “and of the carriers” are omitted as surplus and for consistency with other jurisdictional statements of chapter 105 of the revised title.

In subsection (a)(2), the words “passengers or property” are substituted for “traffic” for consistency with the definition of transportation.

In subsection (a)(2)(A), the word “transported” is substituted for “brought, or from which the passengers or property is taken” for simplicity.

In subsection (b), the word “complaint” is omitted as unnecessary. The words “upon formal complaint or in proceedings instituted by the Commission of its own motion” are omitted as surplus.

§10504. Exempt rail mass transportation

(a) In this section—

(1) “local governmental authority”—

(A) has the same meaning given that term by section 5302(a) of this title; and

(B) includes a person or entity that contracts with the local governmental authority to provide transportation services.

(2) “mass transportation” means transportation services described in section 5302(a) of this title that are provided by rail.

(b) The Interstate Commerce Commission does not have jurisdiction under this subtitle over mass transportation provided by a local governmental authority if—

(1) the Commission would have jurisdiction but for this section; and

(2) the fares of the local governmental authority, or its authority to apply to the Commission for changes in those fares, is subject to the approval or disapproval of the chief executive officer of the State in which the transportation is provided.

(c) Notwithstanding subsection (b) of this section, a local governmental authority, described in subsection (b), is subject to applicable laws of the United States related to—

(1) safety;

(2) the representation of employees for collective bargaining; and

(3) employment retirement, annuity, and unemployment systems or other provisions related to dealings between employees and employers.

(Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1360; Pub. L. 97–449, §4(b)(4), Jan. 12, 1983, 96 Stat. 2441; Pub. L. 103–272, §4(j)(16), July 5, 1994, 108 Stat. 1369.)

In subsection (a)(2), the defined term “rail mass transportation” is substituted for “mass transportation services” as being more precise and for consistency with the terms of the subtitle.

In the introductory matter of subsection (b), before clause (1), the words “The Interstate Commerce Commission does not have jurisdiction under this subtitle over” are substituted for “no local public body . . . shall, . . . be subject to the Interstate Commerce Act” for clarity and to conform to the terms used in chapter 105 of the revised title.

In subsection (b)(2), the word “interstate” is omitted as unnecessary. The words “chief executive officer” are substituted for “Governor” as more appropriate in view of the definition of “State” that includes the District of Columbia.

The words “except as provided in subparagraph (B) of this paragraph” and subparagraph (B) are omitted as unnecessary because the Commission does not have jurisdiction over safety, collective bargaining, and employee benefit matters, and those matters are covered by other provisions of title 49 related to the Secretary of Transportation.

Pub. L. 97–449

Clause (4) restates section 304(j)(1)(B) of the Regional Rail Reorganization Act of 1973, that was added by section 804 of the Railroad Revitalization and Regulatory Reform Act of 1976 (Pub. L. 94–210, 90 Stat. 139). Section 304(j)(1)(B) was mistakenly omitted from the restatement of subtitle IV of title 49, Interstate Commerce. Clause (4) restates section 304(j)(1)(B) as section 10504(c) of title 49. The subsection is effective on the date of enactment of the Act of October 17, 1978.

Pub. L. 103–272

Section 4(j)(16) amends 49:10504 by substituting “local public authority” and “mass transportation” for “local public body” and “rail mass transportation”, respectively, for consistency in the revised title, and by correcting and making conforming cross-reference amendments.

Amendments

1994—Subsec. (a)(1). Pub. L. 103–272, §4(j)(16)(A), substituted “local governmental authority” for “local public body”.

Subsec. (a)(1)(A). Pub. L. 103–272, §4(j)(16)(C), substituted “section 5302(a)” for “section 1608(c)(2)”.

Subsec. (a)(1)(B). Pub. L. 103–272, §4(j)(16)(A), substituted “local governmental authority” for “local public body”.

Subsec. (a)(2). Pub. L. 103–272, §4(j)(16)(B), (D), substituted “mass transportation” for “rail mass transportation” and “section 5302(a)” for “section 1608(c)(5)”.

Subsec. (b). Pub. L. 103–272, §4(j)(16)(A), (B), in introductory provisions substituted “mass transportation” for “rail mass transportation” and “local governmental authority” for “local public body”.

Subsecs. (b)(2), (c). Pub. L. 103–272, §4(j)(16)(A), substituted “local governmental authority” for “local public body”.

1983—Subsec. (c). Pub. L. 97–449 added subsec. (c), effective Oct. 17, 1978.

§10505. Authority to exempt rail carrier and motor carrier transportation

(a) In a matter related to a rail carrier providing transportation, or a motor carrier providing transportation of property other than household goods, or in non-contiguous domestic trade, subject to the jurisdiction of the Interstate Commerce Commission under this subchapter, the Commission shall exempt a person, class of persons, or a transaction or service when the Commission finds that the application of a provision of this subtitle—

(1) is not necessary to carry out the transportation policy of section 10101 or section 10101a of this title; and

(2) either (A) the transaction or service is of limited scope, or (B) the application of a provision of this subtitle is not needed to protect shippers from the abuse of market power.

(b) The Commission 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.

(c) The Commission may specify the period of time during which an exemption granted under this section is effective.

(d) The Commission may revoke an exemption, to the extent it specifies, when it finds that application of a provision of this subtitle to the person, class, or transportation is necessary to carry out the transportation policy of section 10101 or section 10101a of this title.

(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 11707 of this title. Nothing in this subsection or section 11707 of this title shall prevent rail carriers from offering alternative terms nor give the Commission the authority to require any specific level of rates or services based upon the provisions of section 11707 of this title.

(f) The Commission may exercise its authority under this section to exempt transportation that is provided by a rail carrier, or a motor carrier providing transportation of property other than household goods, or in non-contiguous domestic trade, as a part of a continuous intermodal movement.

(g) The Commission may not exercise its authority under this section (1) to authorize intermodal ownership that is otherwise prohibited by this title, (2) to relieve a carrier of its obligation to protect the interests of employees as required by this subtitle, (3) to relieve a motor carrier of property or other person from the application or enforcement of the provisions of sections 10706, 10761, 10762, 10927, and 11707 of this title, or (4) to exempt a motor carrier of property from the application of, and compliance with, any law, rule, regulation, standard, or order pertaining to cargo loss and damage; insurance; antitrust immunity for joint line rates and routes, classification of commodities (including uniform packaging rules), uniform bills of lading, or standardized mileage guides; or safety fitness..¹

(Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1361; Pub. L. 96–448, title II, §213, Oct. 14, 1980, 94 Stat. 1912; Pub. L. 103–311, title II, §205(a), (c)(1), Aug. 26, 1994, 108 Stat. 1683, 1684.)

In subsection (a), the words “by order” and “in such order” are omitted as surplus. The word “unreasonable” is substituted for “undue” for consistency. See the revision note for section 10101 of the revised title.

In subsection (b), the words “Secretary of Transportation” are substituted for “Secretary” for clarity.

In subsection (d), the words “after notice” are omitted as unnecessary in view of subchapter II of chapter 5 of title 5.

Amendments

1994—Pub. L. 103–311, §205(c)(1), inserted “and motor carrier” after “rail carrier” in section catchline.

Subsec. (a). Pub. L. 103–311, §205(a)(1), inserted “, or a motor carrier providing transportation of property other than household goods, or in non-contiguous domestic trade,” after “rail carrier providing transportation” in introductory provisions.

Subsecs. (a)(1), (d). Pub. L. 103–311, §205(a)(2), inserted “section 10101 or” before “section 10101a”.

Subsec. (f). Pub. L. 103–311, §205(a)(3), inserted “, or a motor carrier providing transportation of property other than household goods, or in non-contiguous domestic trade,” after “rail carrier”.

Subsec. (g)(3), (4). Pub. L. 103–311, §205(a)(4), added cls. (3) and (4).

1980—Subsec. (a). Pub. L. 96–448 substituted provision authorizing the Commission to grant an exemption when the Commission finds that application of a provision of this subtitle is not necessary to carry out the transportation policy of section 10101a of this title or is not needed to protect shippers from abuse of market power for provision authorizing the Commission to grant an exemption when the Commission finds that application of a provision of this subtitle is not necessary to carry out the transportation policy of section 10101 of this title, would be an unreasonable burden on a person, class of persons, or interstate or foreign commerce, and would serve little or no useful public purpose.

Subsec. (b). Pub. L. 96–448 struck out provision authorizing the Commission to specify the period of time during which the exemption is effective. See subsec. (c) of this section.

Subsec. (c). Pub. L. 96–448 substituted provision authorizing the Commission to specify the period during which the exemption is effective for provision authorizing the Commission to revoke an exemption, to the extent it specifies, when it finds that application of a provision of this subtitle to the person, class, or transportation is necessary to carry out the transportation policy of section 10101 of this title, to achieve effective regulation by the Commission, and to serve a useful public purpose.

Subsec. (d). Pub. L. 96–448 substituted provision authorizing the Commission to revoke an exemption, to the extent it specifies, when it finds that application to a provision of this subtitle to the person, class, or transportation is necessary to carry out the transportation policy of section 10101a of this title for provision authorizing the Commission to act under this section only after an opportunity for a proceeding.

Subsecs. (e) to (g). Pub. L. 96–448 added subsecs. (e) to (g).

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–448 effective Oct. 1, 1980, see section 710(a) of Pub. L. 96–448, set out as a note under section 10101 of this title.

SUBCHAPTER II—MOTOR CARRIER TRANSPORTATION

Subchapter Referred to in Other Sections

This subchapter is referred to in sections 10102, 10328, 10329, 10330, 10341, 10342, 10502, 10543, 10544, 10701, 10702, 10703, 10704, 10705, 10706, 10721, 10722, 10723, 10724, 10725, 10730, 10733, 10735, 10741, 10762, 10766, 10767, 10921, 10922, 10923, 10924, 10927, 10930, 10931, 10932, 10933, 10934, 10935, 11101, 11106, 11107, 11109, 11110, 11111, 11142, 11143, 11323, 11342, 11343, 11344, 11345a, 11501, 11502, 11503a, 11504, 11702, 11705, 11706, 11707, 11711, 11712, 11901, 11904, 11905, 11908, 11909, 11910, 11914, 11917, 30103, 30166, 31503, 32706 of this title; title 15 section 5904.

¹ So in original.

§10521. General jurisdiction

(a) Subject to this chapter and other law, the Interstate Commerce Commission has jurisdiction over transportation by motor carrier and the procurement of that transportation, except by a freight forwarder (other than a household goods freight forwarder), to the extent that passengers, property, or both, are transported by motor carrier—

(1) between a place in—

(A) a State and a place in another State;

(B) a State and another place in the same State through another State;

(C) the United States and a place in a territory or possession of the United States to the extent the transportation is in the United States;

(D) the United States and another place in the United States through a foreign country to the extent the transportation is in the United States; or

(E) the United States and a place in a foreign country to the extent the transportation is in the United States; and

(2) in a reservation under the exclusive jurisdiction of the United States or on a public highway.

(b) This subtitle does not—

(1) except as provided in sections 10922(c)(2),¹ 10935, 10936, 11501(e), and 11501(h) of this title, affect the power of a State to regulate intrastate transportation provided by a motor carrier;

(2) except as provided in sections 10922(c)(2) ¹ and 11501(e), authorize the Commission to prescribe or regulate a rate for intrastate transportation provided by a motor carrier;

(3) except as provided in section 10922(c)(2) ¹ of this title, allow a motor carrier to provide intrastate transportation on the highways of a State; or

(4) except as provided in section 11503a and section 11504(b) of this title, affect the taxation power of a State over a motor carrier.

(Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1361; Pub. L. 96–296, §31(b), July 1, 1980, 94 Stat. 824; Pub. L. 97–261, §6(f), Sept. 20, 1982, 96 Stat. 1107; Pub. L. 99–521, §6(a), Oct. 22, 1986, 100 Stat. 2994; Pub. L. 103–305, title VI, §601(b)(2)(C), Aug. 23, 1994, 108 Stat. 1606; Pub. L. 103–311, title II, §211(b)(1), Aug. 26, 1994, 108 Stat. 1689.)

In the introductory matter of subsection (a), before clause (1), the words “Subject to this chapter and other provisions of law” are inserted to inform the reader that other sections of the chapter and subtitle qualify the grant of jurisdiction to the Interstate Commerce Commission under the section. The words “the Interstate Commerce Commission has jurisdiction over” are substituted for “The provisions of this chapter apply to” and “the regulation of such transportation, . . . is vested in the Interstate Commerce Commission” for clarity and to eliminate redundancy. The words “and providing facilities for” are omitted as being included in the definition of “transportation” applicable to the subtitle. The words “to the extent that passengers, property, or both, are transported by motor carrier” are substituted for “whether such commerce moves wholly by motor vehicle or partly by motor vehicle and partly by rail, express, or water” to eliminate surplus words and because of the Commission's jurisdiction over transportation by motor carrier, and the term “motor vehicle” is a defined term incorporated into the definition of “motor carrier”.

In subsection (b), the words “This subtitle does not . . . authorize the Commission” are substituted for “That nothing in this chapter shall empower the Commission” in 49:316(e) for consistency and because of the restatement of the source provisions. The word “exclusive” is omitted as unnecessary. The words “intrastate transportation” are substituted for “intrastate commerce” for consistency. The words “for any service connected therewith” are omitted as surplus because the eliminated words are included in the word “transportation”. The word “rate” is substituted for “rate, fare, or charge” because of the definition of “rate” in section 10102 of the revised title. The words “for the purpose of removing discrimination against interstate commerce or for any other purpose” are omitted as unnecessary because of the restatement of the source provisions. The words “to provide intrastate transportation” are substituted for “to do intrastate business” for clarity and consistency. The words “over a motor carrier” are inserted for clarity.

References in Text

Section 10922(c)(2) of this title, referred to in subsec. (b)(1) to (3), was redesignated section 10922(d)(2) of this title by Pub. L. 103–311, title II, §207(a)(1), Aug. 26, 1994, 108 Stat. 1686.

Amendments

1994—Subsec. (b)(1). Pub. L. 103–311 inserted “10936,” after “10935,”.

Pub. L. 103–305 substituted “11501(e), and 11501(h)” for “and 11501(e)”.

1986—Subsec. (a). Pub. L. 99–521 inserted “, except by a freight forwarder (other than a household goods freight forwarder),” after second reference to “transportation”.

1982—Subsec. (b)(1). Pub. L. 97–261, §6(f)(1), inserted “except as provided in sections 10922(c)(2), 10935, and 11501(e) of this title,” before “affect”.

Subsec. (b)(2). Pub. L. 97–261, §6(f)(2), inserted “except as provided in sections 10922(c)(2) and 11501(e),” before “authorize”.

Subsec. (b)(3). Pub. L. 97–261, §6(f)(3), inserted “except as provided in section 10922(c)(2) of this title,” before “allow”.

1980—Subsec. (b)(4). Pub. L. 96–296 inserted “section 11503a and” after “as provided in”.

Effective Date of 1994 Amendment

Section 601(d) of Pub. L. 103–305 provided that: “This section [amending this section and sections 11501, 40102, and 41713 of this title and enacting provisions set out as a note under section 11501 of this title] and the amendments made by this section shall take effect on January 1, 1995; except that with respect to the State of Hawaii the amendment made by subsection (c) [amending section 11501 of this title] shall take effect on the last day of the 3-year period beginning on the date of the enactment of this Act [Aug. 23, 1994].”

Effective Date of 1986 Amendment

Amendment by Pub. L. 99–521 effective 60 days after Oct. 22, 1986, see section 15 of Pub. L. 99–521, set out as a note under section 10102 of this title.

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 10101, 10522, 10530, 11506, 31501, 31502 of this title.

¹ See References in Text note below.

§10522. Exempt transportation between Alaska and other States

To the extent that transportation by a motor carrier between a place in Alaska and a place in another State under section 10521 of this title is provided in a foreign country—

(1) the Interstate Commerce Commission does not have jurisdiction to impose a requirement over conduct of the motor carrier in the foreign country conflicting with a requirement of that country; but

(2) the motor carrier, as a condition of providing transportation in the United States, shall comply, with respect to all transportation provided between Alaska and the other State, with the requirements of this subtitle related to rates and practices applicable to the transportation.

(Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1362.)

In the introductory matter of the section, before clause (1), the words “under section 10521 of this title” are substituted for “in ‘interstate commerce’ ” in view of the incorporation of the definition of “interstate commerce” in section 10521 of the revised title.

In clause (1), the words “the Interstate Commerce Commission does not have jurisdiction” are substituted for “the application of this chapter does not include” for clarity and to conform to the terms used in chapter 105 of the revised title.

In clause (2), the words “providing transportation” and “all transportation” are substituted for “operating” and “entire service”, respectively, for consistency and because 49:303(a)(19) defines “transportation” and “services” as synonymous terms and includes all phases of a carrier's operations. The words “fares, and charges” are omitted as unnecessary in view of the definition of “rates”.

Section Referred to in Other Sections

This section is referred to in section 31502 of this title.

§10523. Exempt motor vehicle transportation in terminal areas

(a)(1) The Interstate Commerce Commission does not have jurisdiction under this subchapter over transportation by motor vehicle provided in a terminal area when the transportation—

(A) is a transfer, collection, or delivery;

(B) is provided by—

(i) a rail carrier subject to the jurisdiction of the Commission under subchapter I of this chapter;

(ii) a water carrier subject to the jurisdiction of the Commission under subchapter III of this chapter; or

(iii) a household goods freight forwarder subject to the jurisdiction of the Commission under subchapter IV of this chapter; and

(C) is incidental to transportation provided by the carrier or service provided by the household goods freight forwarder that is subject to the jurisdiction of the Commission under any of those subchapters.

(2) Transportation exempt from the jurisdiction of the Commission under paragraph (1) of this subsection is subject to the jurisdiction of the Commission under subchapter I of this chapter when provided by such a rail carrier, under subchapter III of this chapter when provided by such a water carrier, and under subchapter IV of this chapter when provided by such a household goods freight forwarder.

(b)(1) Except to the extent provided in paragraph (2) of this subsection, the Commission does not have jurisdiction under this subchapter over transportation by motor vehicle provided in a terminal area when the transportation—

(A) is a transfer, collection, or delivery; and

(B) is provided by a person as an agent or under other arrangement for—

(i) a rail carrier or express carrier subject to the jurisdiction of the Commission under subchapter I of this chapter;

(ii) a motor carrier subject to the jurisdiction of the Commission under this subchapter;

(iii) a water carrier subject to the jurisdiction of the Commission under subchapter III of this chapter; or

(iv) a household goods freight forwarder subject to the jurisdiction of the Commission under subchapter IV of this chapter.

(2) Transportation exempt from the jurisdiction of the Commission under paragraph (1) of this subsection is considered transportation provided by the carrier or service provided by the household goods freight forwarder for whom the transportation was provided and is subject to the jurisdiction of the Commission under subchapter I of this chapter when provided for such a rail carrier or express carrier, under this subchapter when provided for such a motor carrier, under subchapter III of this chapter when provided for such a water carrier, and under subchapter IV of this chapter when provided for such a household goods freight forwarder.

(Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1362; Pub. L. 99–521, §6(b), Oct. 22, 1986, 100 Stat. 2994.)

The words “Notwithstanding any provision of this section or of section 303 of this title” in 49:302(c) are omitted as surplus because section 10521 of the revised title codifies the pertinent provisions of 49:302 and 303 or incorporates the terms of 49:303 related to the jurisdiction of the Commission, and section 10521 begins with the words “Subject to”. The words “except the provisions of section 304 of this title relative to qualifications and maximum hours of service of employees and safety of operation and equipment” are omitted because, under section 6(e)(6)(C) of Public Law 89–670, those provisions were transferred to the Secretary of Transportation.

In the introductory matter of subsections (a) and (b), before each clause (1), the words “does not have jurisdiction under this subchapter” are substituted for “the provisions of this chapter . . . shall not apply” for clarity and to conform to the terms used in chapter 105 of the revised title.

In subsections (a)(2) and (b)(2), the words “is subject to” are substituted for “shall be considered to be and shall be regulated as transportation subject to” for clarity and to conform to the revised title.

In subsection (b), the words “a person as an agent or under other arrangement for” are substituted for “any person (whether as agent or under a contractual arrangement)” for clarity.

Amendments

1986—Subsecs. (a)(1)(B)(iii), (C), (2), (b)(1)(B)(iv), (2). Pub. L. 99–521 inserted “household goods” before “freight forwarder” wherever appearing.

Effective Date of 1986 Amendment

Amendment by Pub. L. 99–521 effective 60 days after Oct. 22, 1986, see section 15 of Pub. L. 99–521, set out as a note under section 10102 of this title.

Section Referred to in Other Sections

This section is referred to in sections 10525, 10930 of this title.

§10524. Transportation furthering a primary business

(a) The Interstate Commerce Commission does not have jurisdiction under this subchapter over the transportation of property by motor vehicle when—

(1) the property is transported by a person engaged in a business other than transportation; and

(2) the transportation is within the scope of, and furthers a primary business (other than transportation) of the person.

(b) The Commission does not have jurisdiction under this subchapter over transportation of property by motor vehicle for compensation provided by a person who is a member of a corporate family for other members of such corporate family if—

(1) the parent corporation notifies the Commission of its intent or one of its subsidiaries’ intent to provide the transportation;

(2) the notice contains a list of participating subsidiaries and an affidavit that the parent corporation owns directly or indirectly a 100 percent interest in each of the subsidiaries;

(3) the Commission publishes the notice in the Federal Register within 30 days of receipt; and

(4) a copy of the notice is carried in the cab of all vehicles conducting the transportation.

(c) In this section, “corporate family” means a group of corporations consisting of a parent corporation and all subsidiaries in which the parent corporation owns directly or indirectly a 100 percent interest.

(Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1363; Pub. L. 96–296, §9, July 1, 1980, 94 Stat. 798.)

The section restates the source provisions for clarity and for consistency with the rest of chapter 105 of the revised title. The words “interstate or foreign commerce” are omitted as unnecessary in view of section 10521 of the revised title that gives the Interstate Commerce Commission jurisdiction only in the instances of commerce enumerated in section 10521.

Amendments

1980—Pub. L. 96–296 designated existing provision as subsec. (a) and added subsecs. (b) and (c).

§10525. Exempt motor carrier transportation entirely in one State

(a) The Interstate Commerce Commission shall exempt transportation of a motor carrier subject to the jurisdiction of the Commission under this subchapter from compliance with this subtitle when—

(1) the motor carrier provides transportation entirely in one State; and

(2) the Commission finds that the nature or quantity of transportation provided by the motor carrier does not substantially affect or impair uniform regulation by the Commission of motor carrier transportation in carrying out the transportation policy of section 10101 of this title.

(b) The Commission may begin a proceeding under this section on its own initiative or on application of a motor carrier, a State authority having jurisdiction to regulate intrastate transportation by motor vehicle on the highways of that State, or an interested party. An application must be under oath and must contain information required by Commission regulation. The Commission may exempt the transportation by motor carrier or class of motor carriers. When an exemption is granted, the Commission shall issue a certificate of exemption describing the conditions required by the public interest under which the certificate is issued.

(c) When an application for exemption is accompanied by a certificate of the authority of the State in which the applicant provides transportation stating the finding of the State authority that the applicant is entitled to a certificate of exemption under this section, the exemption is effective on the 60th day after the application is filed with the Commission unless the Commission denies the application before that date. If not denied before that date, the exemption remains effective until the Commission thereafter denies or revokes it.

(d) The Commission may revoke any part of an exemption granted under this section when it finds that the nature or quantity of the transportation by the motor carrier or class of motor carriers affects or impairs, or is likely substantially to affect or impair uniform regulation by the Commission of motor carrier transportation in carrying out the transportation policy of section 10101 of this title. If the exemption is revoked, the Commission shall restore without further proceedings the authority any such motor carrier had to provide transportation subject to the jurisdiction of the Commission under this subchapter at the time the exemption was effective.

(e) Notwithstanding the provisions of this section, the Commission has no jurisdiction under this subchapter over transportation, except transportation of household goods, by a motor carrier operating solely within the State of Hawaii. The State of Hawaii may regulate transportation exempt from the jurisdiction of the Commission under this subsection and, to the extent provided by a motor carrier operating solely within the State of Hawaii, transportation exempt from the jurisdiction of the Commission under section 10523 of this title.

(f) State regulation of the operations of a motor carrier covered by an exemption under this section is not a burden on interstate or foreign commerce.

(Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1363; Pub. L. 96–258, §1(4), June 3, 1980, 94 Stat. 425; Pub. L. 97–261, §30, Sept. 20, 1982, 96 Stat. 1128.)

The 5th sentence of 49:304(a)(4a) is omitted as unnecessary in view of subchapter II of chapter 5 of title 5.

In subsection (a), the words “as in fact”, “by order”, “character”, “in good faith”, “in the opinion”, and “hereinbefore authorized” are omitted as surplus. The word “entirely” is substituted for “solely” for consistency and clarity. The words “in interstate or foreign commerce” are omitted as unnecessary because those words were defined terms in 49:303(a)(10) and (11) and those terms have been incorporated into section 10521 of the revised title stating the jurisdiction of the Interstate Commerce Commission under chapter 105.

In subsection (b), the words “designated in such certificate”, “in writing”, “verified”, and “reasonably” are omitted as surplus. The words “State authority” are substituted for “State board” for consistency and as being more precise. The words “terms and” are omitted as unnecessary.

In subsection (c), the words “Where an application is made in good faith for the exemption of a motor carrier under this subparagraph” are omitted as unnecessary and in view of section 10321 of the revised title giving the Commission general authority to carry out the subtitle. The words “State authority” are substituted for “State board” for consistency and as being more precise.

In subsection (e), the words “interstate or foreign commerce” are retained because they are used in a constitutional sense in the subsection rather than in the sense of statutory definitions as in the case of subsection (a).

Pub. L. 96–258

This amends section 10525(d) to correct a grammatical error.

Amendments

1982—Subsecs. (e), (f). Pub. L. 97–261 added subsec. (e) and redesignated former subsec. (e) as (f).

1980—Subsec. (d). Pub. L. 96–258 substituted “class of motor carriers affects or impairs, or is likely substantially” for “class of motor carriers is, or is likely substantially”.

Effective Date of 1982 Amendment

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

Effective Date of 1980 Amendment

Section 3(d) of Pub. L. 96–258 provided that: “The amendments made by section 1(4), (5)(A), (6), (7), (8), (9), (10), (13), (14), (15), and (16) of this Act [enacting section 11351 of this title and amending this section and sections 10526, 10544, 10706, 10784, 10923, 11101, 11707, 11909, 11912, and 11914 of this title] are effective October 17, 1978.”

Section Referred to in Other Sections

This section is referred to in sections 10322, 10341, 10749 of this title.

§10526. Miscellaneous motor carrier transportation exemptions

(a) The Interstate Commerce Commission does not have jurisdiction under this subchapter over—

(1) a motor vehicle transporting only school children and teachers to or from school;

(2) a motor vehicle providing taxicab service and having a capacity of not more than 6 passengers and not operated on a regular route or between specified places;

(3) a motor vehicle owned or operated by or for a hotel and only transporting hotel patrons between the hotel and the local station of a common carrier;

(4) a motor vehicle controlled and operated by a farmer and transporting—

(A) the farmer's agricultural or horticultural commodities and products; or

(B) supplies to the farm of the farmer;

(5) a motor vehicle controlled and operated by a cooperative association (as defined by section 15(a) of the Agricultural Marketing Act (12 U.S.C. 1141j(a))) or by a federation of cooperative associations if the federation has no greater power or purposes than a cooperative association, except that if the cooperative association or federation provides transportation for compensation between a place in a State and a place in another State, or between a place in a State and another place in the same State through another State—

(A) for a nonmember that is not a farmer, cooperative association, federation, or the United States Government, the transportation (except for transportation otherwise exempt under this subchapter)—

(i) shall be limited to transportation incidental to the primary transportation operation of the cooperative association or federation and necessary for its effective performance;

(ii) may not exceed in each fiscal year 25 percent of the total transportation of the cooperative association or federation between those places, measured by tonnage; and

(iii) shall be provided only after the cooperative association or federation notifies the Commission of its intent to provide the transportation; and

(B) the transportation for all nonmembers may not exceed in each fiscal year, measured by tonnage, the total transportation between those places for the cooperative association or federation and its members during that fiscal year;

(6) transportation by motor vehicle of—

(A) ordinary livestock;

(B) agricultural or horticultural commodities (other than manufactured products thereof);

(C) commodities listed as exempt in the Commodity List incorporated in ruling numbered 107, March 19, 1958, Bureau of Motor Carriers, Interstate Commerce Commission, other than frozen fruits, frozen berries, frozen vegetables, cocoa beans, coffee beans, tea, bananas, or hemp, or wool imported from a foreign country, wool tops and noils, or wool waste (carded, spun, woven, or knitted);

(D) cooked or uncooked fish, whether breaded or not, or frozen or fresh shellfish, or by-products thereof not intended for human consumption, other than fish or shellfish that have been treated for preserving, such as canned, smoked, pickled, spiced, corned, or kippered products; and

(E) livestock and poultry feed and agricultural seeds and plants, if such products (excluding products otherwise exempt under this paragraph) are transported to a site of agricultural production or to a business enterprise engaged in the sale to agricultural producers of goods used in agricultural production;

(7) a motor vehicle used only to distribute newspapers;

(8)(A) transportation of passengers by motor vehicle incidental to transportation by aircraft;

(B) transportation of property (including baggage) by motor vehicle as part of a continuous movement which, prior or subsequent to such part of the continuous movement, has been or will be transported by an air carrier or (to the extent so agreed by the United States and approved by the Secretary of Transportation) by a foreign air carrier; or

(C) transportation of property by motor vehicle in lieu of transportation by aircraft because of adverse weather conditions or mechanical failure of the aircraft or other causes due to circumstances beyond the control of the carrier or shipper;

(9) the operation of a motor vehicle in a national park or national monument;

(10) a motor vehicle carrying not more than 15 individuals in a single, daily roundtrip to commute to and from work;

(11) transportation of used pallets and used empty shipping containers (including intermodal cargo containers), and other used shipping devices (other than containers or devices used in the transportation of motor vehicles or parts of motor vehicles);

(12) transportation of natural, crushed, vesicular rock to be used for decorative purposes;

(13) transportation of wood chips;

(14) brokers for motor carriers of passengers, except as provided in section 10924(f) of this title; or

(15) transportation of broken, crushed, or powdered glass.

(b) Except to the extent the Commission finds it necessary to exercise jurisdiction to carry out the transportation policy of section 10101 of this title, the Commission does not have jurisdiction under this subchapter over—

(1) transportation provided entirely in a municipality, in contiguous municipalities, or in a zone that is adjacent to, and commercially a part of, the municipality or municipalities, except—

(A) when the transportation is under common control, management, or arrangement for a continuous carriage or shipment to or from a place outside the municipality, municipalities, or zone; or

(B) that in transporting passengers over a route between a place in a State and a place in another State, or between a place in a State and another place in the same State through another State, the transportation is exempt from the jurisdiction of the Commission only if the motor carrier operating the motor vehicle also is lawfully providing intrastate transportation of passengers over the entire route under the laws of each State through which the route runs;

(2) transportation by motor vehicle provided casually, occasionally, or reciprocally but not as a regular occupation or business, except when a broker or other person sells or offers for sale passenger transportation provided by a person authorized to transport passengers by motor vehicle under an application pending, or certificate or permit issued, under this subtitle; or

(3) the emergency towing of an accidentally wrecked or disabled motor vehicle.

(Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1364; Pub. L. 96–258, §1(5), June 3, 1980, 94 Stat. 425; Pub. L. 96–296, §§7, 21(a), 24(a), July 1, 1980, 94 Stat. 797, 812, 814; Pub. L. 96–454, §11(a), Oct. 15, 1980, 94 Stat. 2023; Pub. L. 97–261, §14(d), Sept. 20, 1982, 96 Stat. 1114; Pub. L. 97–377, §152, Dec. 21, 1982, 96 Stat. 1918; Pub. L. 97–449, §5(g)(1), Jan. 12, 1983, 96 Stat. 2442; Pub. L. 98–216, §2(8), Feb. 14, 1984, 98 Stat. 5; Pub. L. 98–554, title II, §227(c), Oct. 30, 1984, 98 Stat. 2852; Pub. L. 103–272, §4(j)(17), July 5, 1994, 108 Stat. 1369.)

In the introductory matter of subsections (a) and (b), before each clause (1), the words “does not have jurisdiction under this subchapter” are substituted for “Nothing in this chapter, . . . shall be construed to include” for clarity and to conform to the terms used in chapter 105 of the revised title. The words “except the provisions of section 304 of this title relative to qualifications and maximum hours of service of employees and safety of operation or standards of equipment” are omitted because, under section 6(e)(6)(C) of Public Law 89–670, those provisions were transferred to the Secretary of Transportation.

In subsection (a)(1), the words “transporting only” are substituted for “employed solely in transporting” to conform to the terms of the other clauses of the section.

In subsection (a)(2), the words “taxicabs, or other” and “bona fide” are omitted as surplus. The words “specified places” are substituted for “fixed termini” for consistency.

In subsection (a)(3), the words “railroad or other” are omitted as surplus. The word “only” is substituted for “exclusively” for consistency.

In subsection (a)(5), the words “so defined” are omitted as surplus. The words “between a place in a State and a place in another State, or between a place in a State and another place in the same State through another State” are substituted for “interstate transportation” for clarity and consistency. The words “any agency or instrumentality thereof” are omitted as surplus.

In subsection (a)(5)(A)(i), (ii), and (iii), the words “under this subchapter” are substituted in each place for “under this chapter” because of the codification of the motor carrier jurisdictional provisions in subchapter II of chapter 105 of the revised title.

In subsection (a)(5)(A)(ii) and (B), the word “by” is substituted in each place for “in terms of” to eliminate surplus words.

In the introductory matter of subsection (a)(6), before clause (A), the words “or passengers” are omitted as unnecessary in view of the restatement of the introductory matter.

In subsection (a)(6)(A), the words “(including shellfish)” are omitted as unnecessary in view of subsection (a)(6)(D).

In subsection (a)(7), the word “only” is substituted for “exclusively” for consistency.

Subsection (a)(9) restates the source provisions for clarity and consistency. The words following the comma in 49:309(a)(1) (last proviso), and the words “under authorization, regulation, and control of the Secretary of the Interior” in 49:303(b)(4), are omitted as surplus.

In subsection (b)(1), the words “in interstate or foreign commerce” are omitted for consistency and as unnecessary because the Commission only has jurisdiction under subchapter II of chapter 105 when interstate or foreign commerce is involved. See section 10521 of the revised title.

In subsection (b)(1)(B), the words “regular or irregular”, “or routes”, “lawfully”, and “such interstate” are omitted as surplus. The words “between a place in a State and a place in another State, or a place in a State and another place in the same State through another State” are substituted for “interstate commerce” for clarity. The words “through which the route runs” are substituted for “having jurisdiction” for clarity.

In subsection (b)(2), the words “interstate or foreign commerce for compensation” are omitted for consistency and as unnecessary because the Commission only has jurisdiction under subchapter II of chapter 105 when interstate or foreign commerce for compensation is concerned. The words “passengers or property” are omitted as unnecessary in view of the definition of “transportation”. The words “procured or furnished or arranged for” are omitted as surplus in view of the definition of “broker” in section 10102 of the revised title.

In subsection (b)(3), the words “in interstate or foreign commerce” are omitted as surplus.

This corrects a grammatical error and adds a new exempt activity to the section.

Section 4(j)(17)(A) amends 49:10526(a)(8)(B) to reflect the transfer under 49 App.:1551(b)(1)(E) of the remaining authority of the Civil Aeronautics Board to the Secretary of Transportation.

Amendments

1994—Subsec. (a)(8)(B). Pub. L. 103–272, §4(j)(17)(A), substituted “Secretary of Transportation” for “Civil Aeronautics Board or its successor agency”.

Subsec. (a)(10). Pub. L. 103–272, §4(j)(17)(B), substituted “from work;” for “from work.”

Subsec. (a)(13). Pub. L. 103–272, §4(j)(17)(C), substituted “wood chips;” for “wood chips; or”.

Subsec. (a)(14). Pub. L. 103–272, §4(j)(17)(D), substituted “of this title; or” for “of this title.”

1984—Subsec. (a)(5). Pub. L. 98–216, which directed substitution of “section 15(a) of the Agricultural Marketing Act (12 U.S.C. 1141j(a))” for “section 1141j(a) of title 12”, was incapable of execution because an identical amendment had already been made by section 5(g)(1) of Pub. L. 97–449. See 1983 Amendment note below.

Subsec. (a)(14), (15). Pub. L. 98–554 redesignated par. (14), as added by Pub. L. 97–377, relating to transportation of glass, as (15).

1983—Subsec. (a)(5). Pub. L. 97–449 substituted “section 15(a) of the Agricultural Marketing Act (12 U.S.C. 1141j(a))” for “section 1141j(a) of title 12”.

1982—Subsec. (a)(14). Pub. L. 97–377 added par. (14) relating to transportation of glass.

Pub. L. 97–261 added par. (14) relating to brokers for motor carriers of passengers.

1980—Subsec. (a)(2). Pub. L. 96–258, §1(5)(A), struck out “is” after “more than 6 passengers and”.

Subsec. (a)(5)(A)(ii). Pub. L. 96–296, §24(a), substituted “25 percent” for “15 percent”.

Subsec. (a)(6). Pub. L. 96–296, §§7(a), 21(a), in provision preceding subpar. (A), substituted “transportation by motor vehicle” for “a motor vehicle carrying, for compensation, only property and that property consists”, in subpar. (D), inserted “or by-products thereof not intended for human consumption,” after “fresh shellfish,”, and added subpar. (E).

Subsec. (a)(8). Pub. L. 96–296, §7(b), designated existing provision as subpar. (A), inserted “of passengers” before “by motor vehicle”, struck out “or” after “aircraft;”, and added subpars. (B) and (C).

Subsec. (a)(10). Pub. L. 96–454 redesignated par. (10), as added by Pub. L. 96–296, relating to transportation of used pallets, used shipping containers, and other used shipping devices, as (11).

Pub. L. 96–296, §7(c), added par. (10) relating to transportation of used pallets, used shipping containers, and other used shipping devices.

Pub. L. 96–258, §1(5)(B)–(D), added par. (10) relating to motor vehicles not carrying more than 15 individuals.

Subsec. (a)(11). Pub. L. 96–454 redesignated par. (10), as added by Pub. L. 96–296, relating to transportation of used pallets, used shipping containers, and other used shipping devices, as (11). Former par. (11) redesignated (12).

Pub. L. 96–296, §7(c), added par. (11).

Subsec. (a)(12). Pub. L. 96–454 redesignated par. (11) as (12). Former par. (12) redesignated (13).

Pub. L. 96–296, §7(c), added par. (12).

Subsec. (a)(13). Pub. L. 96–454 redesignated par. (12) as (13).

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.

Effective Date of 1980 Amendment

Amendment by section 1(5)(A) of Pub. L. 96–258 effective Oct. 17, 1978, see section 3(d) of Pub. L. 96–258, set out as a note under section 10525 of this title.

Section Referred to in Other Sections

This section is referred to in sections 10527, 10528, 10529, 10530, 10561, 10749, 10922, 11101 of this title; title 16 section 2302.

§10527. Written contracts pertaining to certain interstate movements by motor vehicle

(a) Notwithstanding the provisions of section 10526(a)(6) of this title, the Interstate Commerce Commission, in cooperation with the Secretary of Agriculture, shall, where appropriate, require by regulation the use of written contracts for the interstate movement by motor vehicle of property described in such section and for brokerage services to be provided in connection with the interstate movement of such property.

(b) A written contract between an owner or operator of a motor vehicle and a broker, shipper of property, or receiver of property which is required to be used by the Commission under this section shall specify the arrangements, including compensation, with respect to loading and unloading of the property transported under such contract. Whenever the shipper or receiver of the property transported under such contract requires that the operator of the vehicle load or unload any part of the property onto or from the vehicle contrary to any provision of such contract, the shipper or receiver shall compensate the owner or operator of the vehicle for all costs associated with loading or unloading that part of the property. Any person who knowingly violates the preceding sentence is liable to the United States Government for a civil penalty of not more than $10,000 for each violation.

(c) The Commission shall prescribe, by regulation, the minimum requirements and conditions of written contracts required to be used under this section.

(Added Pub. L. 96–296, §16(a), July 1, 1980, 94 Stat. 810; amended Pub. L. 103–272, §5(m)(16), July 5, 1994, 108 Stat. 1377.)

Amendments

1994—Subsec. (a). Pub. L. 103–272 substituted “title” for “subchapter”.

Agreements Between Interstate Commerce Commission and Secretary of Agriculture

Section 16(d) of Pub. L. 96–296 provided that: “The Interstate Commerce Commission and the Secretary of Agriculture may enter into agreements (including, but not limited to, memorandums of understanding) in carrying out the provisions of section 10527(a) of title 49, United States Code.”

Section Referred to in Other Sections

This section is referred to in section 11702 of this title.

§10528. Mixed loads of regulated and unregulated property

A motor carrier of property providing transportation exempt from the jurisdiction of the Commission under paragraph (6), (8), (11), (12), or (13) of section 10526(a) of this title may transport property under such paragraph in the same vehicle and at the same time as property which the carrier is authorized to transport under a certificate issued under section 10922(b) ¹ of this title or under a permit issued under section 10923 of this title. Such transportation shall not affect the unregulated status of such exempt property or the regulated status of the property which the carrier is authorized to transport under such certificate or permit.

(Added Pub. L. 96–296, §21(b)(1), July 1, 1980, 94 Stat. 812; amended Pub. L. 96–454, §11(b), Oct. 15, 1980, 94 Stat. 2023; Pub. L. 103–272, §5(m)(17), July 5, 1994, 108 Stat. 1377.)

References in Text

Section 10922(b) of this title, referred to in text, was redesignated section 10922(c) of this title by Pub. L. 103–311, title II, §207(a)(1), Aug. 26, 1994, 108 Stat. 1686.

Amendments

1994—Pub. L. 103–272 substituted “title” for “subchapter” and “subtitle” wherever appearing.

1980—Pub. L. 96–454 substituted “(11), (12), or (13)” for “(10), (11), or (12)”.

¹ See References in Text note below.

§10529. Limited authority over cooperative associations

(a) Notwithstanding section 10526(a)(5) of this title, any cooperative association (as defined by section 15(a) of the Agricultural Marketing Act (12 U.S.C. 1141j(a))) or a federation of cooperative associations which is required to notify the Commission under such section 10526(a)(5) shall prepare and maintain such records relating to transportation provided by such association or federation, in such form, as the Commission may require by regulation to carry out the provisions of such section 10526(a)(5). The Commission or an employee designated by the Commission, may on demand and display of proper credentials—

(1) inspect and examine the lands, buildings, and equipment of such association or federation; and

(2) inspect and copy any record of such association or federation.

(b) Notwithstanding section 10526(a)(5) of this title, the Commission may require a cooperative association or federation of cooperative associations described in subsection (a) of this section to file reports with the Commission containing answers to questions about transportation provided by such association or federation.

(c) The Commission may bring a civil action to enforce subsections (a) and (b) of this section or a regulation or order of the Commission issued under this section, when violated by a cooperative association or federation of cooperative associations described in subsection (a).

(d)(1) A person required to make a report to the Commission, answer a question, or maintain a record under this section, or an officer, agent, or employee of that person, that (A) does not make the report, (B) does not specifically, completely, and truthfully answer the question, or (C) does not maintain the record in the form and manner prescribed by the Commission, is liable to the United States Government for a civil penalty of not more than $500 for each violation and for not more than $250 for each additional day the violation continues.

(2) Trial in a civil action under paragraph (1) of this subsection shall be in the judicial district in which (A) the cooperative association or federation of cooperative associations has its principal office, (B) the violation occurred, or (C) the offender is found. Process in the action may be served in the judicial district of which the offender is an inhabitant or in which the offender may be found.

(e) A person, or an officer, employee, or agent of that person, that by any means knowingly and willfully tries to evade compliance with the provisions of this section shall be fined at least $200 but not more than $500 for the first violation and at least $250 but not more than $2,000 for a subsequent violation.

(f) A person required to make a report to the Commission, answer a question, or maintain a record under this section, or an officer, agent, or employee of that person, that (1) willfully does not make that report, (2) willfully does not specifically, completely, and truthfully answer that question in 30 days from the date the Commission requires the question to be answered, (3) willfully does not maintain that record in the form and manner prescribed by the Commission, (4) knowingly and willfully falsifies, destroys, mutilates, or changes that report or record, (5) knowingly and willfully files a false report or record with the Commission under this section, (6) knowingly and willfully makes a false or incomplete entry in that record about a business-related fact or transaction, or (7) knowingly and willfully maintains a record in violation of a regulation or order of the Commission issued under this section, shall be fined not more than $5,000.

(Added Pub. L. 96–296, §24(b)(1), July 1, 1980, 94 Stat. 814; amended Pub. L. 103–272, §5(m)(18), July 5, 1994, 108 Stat. 1377.)

Amendments

1994—Subsec. (a). Pub. L. 103–272 substituted “(12 U.S.C. 1141j(a)))” for “(12 U.S.C. 1141j(a))”.

§10530. Certificates of registration for certain foreign carriers

(a) In this section—

[(1) Repealed. Pub. L. 100–690, title IX, §9111(a)(1), Nov. 18, 1988, 102 Stat. 4531]

(2) “foreign motor carrier” means a person (including a motor carrier of property but excluding a motor private carrier)—

(A)(i) which is domiciled in a contiguous foreign country; or

(ii) which is owned or controlled by persons of a contiguous foreign country and is not domiciled in the United States; and

(B) in the case of a person which is not a motor carrier of property, which provides interstate transportation of property (including exempt items) by motor vehicle under an agreement or contract entered into with a motor carrier of property (other than a motor private carrier or a motor carrier of property described in subparagraph (A)).

(3) “foreign motor private carrier” means a person (including a motor private carrier but excluding a motor carrier of property)—

(A)(i) which is domiciled in a contiguous foreign country; or

(ii) which is owned or controlled by persons of a contiguous foreign country and is not domiciled in the United States; and

(B) in the case of a person which is not a motor private carrier, which provides interstate transportation of property (including exempt items) by motor vehicle under an agreement or contract entered into with a person (other than a motor carrier of property or a motor private carrier described in subparagraph (A)).

(4) “exempt items” means items described in paragraphs (4), (6), (11), (12), (13), and (15) of section 10526(a) of this subchapter and items transported under paragraph (5) of such section.

(5) “interstate transportation” means transportation described in section 10521(a) of this subchapter and transportation in the United States exempt from the jurisdiction of the Commission under section 10526(b)(1) of this subchapter.

(b) Certification Requirement.—

(1) For foreign motor carriers.—Except as provided in this section and sections 10922 and 10923, no foreign motor carrier may provide interstate transportation of property (including exempt items) by motor vehicle unless the Commission has issued to such person a certificate of registration under this section, or a certificate or permit under subchapter II of chapter 109, authorizing such person to provide such transportation.

(2) For foreign motor carriers.—Except as provided in this section, no foreign motor private carrier may provide interstate transportation of property (including exempt items) by motor vehicle unless the Commission has issued to the carrier a certificate of registration under this section authorizing the carrier to provide such transportation.

(c) Without regard to subchapter II of chapter 103 of this title and subchapter II of chapter 5 of title 5, the Commission shall issue a certificate of registration to any foreign motor carrier authorizing the carrier to provide interstate transportation of property (including exempt items) by motor vehicle, and to any foreign motor private carrier authorizing the carrier to provide interstate transportation of property (including exempt items) by motor vehicle, if—

(1) the Commission finds that the carrier is fit, willing, and able—

(A) to provide the transportation to be authorized by the certificate; and

(B) to comply with this subtitle and regulations of the Commission; and

(2) the carrier demonstrates to the satisfaction of the Commission that the carrier has paid (or will pay in a timely manner) all taxes imposed by section 4481 of the Internal Revenue Code of 1986 on any motor vehicle which such carrier operated in the United States in the most recent taxable period (as such term is defined under section 4482(c) of such Code).

(d) A foreign motor carrier and a foreign motor private carrier must file an application with the Commission for a certificate of registration under this section to provide interstate transportation by motor vehicle. The Commission may approve any part of the application or deny the application. The application must—

(1) be under oath;

(2) contain such information as the Commission may require by regulation; and

(3) be filed with the Commission at such times as the Commission may require by regulation.

(e) The requirement that foreign motor carriers and foreign motor private carriers issued certificates of registration under this section be fit, willing, and able means—

(1) safety fitness; and

(2) proof of minimum financial responsibility—

(A) under section 30 ¹ of the Motor Carrier Act of 1980, and

(B) under the laws of the States in which the carrier is operating,

to the extent applicable.

(f) Each certificate of registration issued under this section shall specify the transportation to be provided under the certificate.

(g) Identification.—

(1) In vehicle.—Any motor vehicle which is used by a foreign motor carrier or by a foreign motor private carrier to provide interstate transportation of property (including exempt items) by motor vehicle under a certificate issued under this section or section 10922 or under a permit issued under section 10923 shall have a copy of such certificate or permit, as the case may be, in such motor vehicle at any time such vehicle is being used to provide such transportation.

(2) Denial of entry.—The Commission, the Secretary of Transportation, and the Secretary of the Treasury shall deny entry into the United States of any motor vehicle in which there is not a copy of the certificate or permit required to be in such vehicle by paragraph (1) of this subsection.

(h) When a certificate of registration is issued under this section, the Commission may prescribe such conditions on the transportation to be provided under the certificate as may be necessary to carry out the objectives of this section.

(i)(1) Subject to paragraph (3) of this subsection, this section shall not apply with respect to any contiguous foreign country with respect to which a moratorium is not in effect under section 10922(l) ¹ of this title on the effective date of this section.

(2) The President of the United States may waive the requirements of this section with respect to any contiguous foreign country if the President determines that such waiver is in the national interest and notifies, in writing, the Congress of such waiver before the date on which such waiver is to take effect. In any case in which the requirements of this section apply with respect to a contiguous foreign country which substantially prohibits grants of authority to persons from the United States to provide transportation by motor vehicle for compensation in such foreign country, such waiver shall not take effect before the 60th day following the date on which the Congress is notified of such waiver.

(3) The President of the United States may, by order, make the requirements of this section applicable with respect to any contiguous foreign country if—

(A) the President determines that making such requirements so applicable is in the national interest; and

(B) the President—

(i) notifies, in writing, the Congress of the issuance of such order; and

(ii) has published a copy of such order in the Federal Register;

at least 30 days before such order takes effect.

(Added Pub. L. 98–554, title II, §226(a)(1), Oct. 30, 1984, 98 Stat. 2848; amended Pub. L. 99–514, §2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100–690, title IX, §9111(a)–(f), Nov. 18, 1988, 102 Stat. 4531–4533; Pub. L. 103–272, §4(j)(18), (o), July 5, 1994, 108 Stat. 1369, 1371.)

Historical and Revision Notes

Section 4(o) corrects technical errors in the introductory language of section 9111(b) and (f) of the Anti-Drug Abuse Act of 1988 (Public Law 100–690, 102 Stat. 4351).

References in Text

Sections 4481 and 4482(c) of the Internal Revenue Code of 1986, referred to in subsec. (c)(2), are classified to sections 4481 and 4482(c) of Title 26, Internal Revenue Code.

Section 30 of the Motor Carrier Act of 1980, referred to in subsec. (e)(2)(A), is section 30 of Pub. L. 96–296, which was formerly set out as a note under section 10927 of this title and was repealed and reenacted as section 31139 of this title by Pub. L. 103–272, §§1(e), 7(b), July 5, 1994, 108 Stat. 1006, 1379, the first section of which enacted subtitles II, III, and V to X of this title.

Section 10922(l) of this title, referred to in subsec. (i)(1), was redesignated section 10922(m) of this title by Pub. L. 103–311, title II, §207(a)(1), Aug. 26, 1994, 108 Stat. 1686.

The effective date of this section, referred to in subsec. (i)(1), is the effective date of Pub. L. 98–554, title II, §226(a)(1), which is May 1, 1985, see Effective Date note below.

Amendments

1994—Subsec. (b). Pub. L. 103–272, §4(o)(1), (2), made technical amendments to directory language of Pub. L. 100–690, §9111(b)(1), (2). See 1988 Amendment note below.

Subsec. (g). Pub. L. 103–272, §4(o)(3), (4), made technical amendments to directory language of Pub. L. 100–690, §9111(f)(1), (2). See 1988 Amendment note below.

Subsec. (i)(2). Pub. L. 103–272, §4(j)(18), which directed substitution of “notified” for “notifed” in par. (3), was executed by making the substitution in par. (2) to reflect the probable intent of Congress.

1988—Subsec. (a)(1). Pub. L. 100–690, §9111(a)(1), struck out par. (1) which read as follows: “ ‘registrable year’ means the six-month period beginning July 1, 1985, and ending December 31, 1985, calendar year 1986, and each calendar year thereafter.”

Subsec. (a)(2), (3). Pub. L. 100–690, §9111(a)(2), (3), amended pars. (2) and (3) generally. Prior to amendment, pars. (2) and (3) read as follows:

“(2) ‘foreign motor carrier’ means a motor carrier of property—

“(A) which does not hold a certificate issued under section 10922 of this title or a permit issued under section 10923 of this title; and

“(B)(i) which is domiciled in any contiguous foreign country; or

“(ii) which is owned or controlled by persons of any contiguous foreign country and is not domiciled in the United States.

“(3) ‘foreign motor private carrier’ means a motor private carrier—

“(A) which is domiciled in any contiguous foreign country; or

“(B) which is owned or controlled by persons of any contiguous foreign country and is not domiciled in the United States.”

Subsec. (b). Pub. L. 100–690, §9111(b), as amended by Pub. L. 103–272, §4(o)(1), (2), inserted subsec. and par. (1) headings, generally amended text of par. (1) which read as follows: “Except as provided in this section, no foreign motor carrier may provide interstate transportation of exempt items in any registrable year unless the Commission has issued to the carrier a certificate of registration under this section authorizing the carrier to provide such transportation in such year.”, and in par. (2) inserted heading and “by motor vehicle” after “items)”, struck out “in any registrable year” before “unless” and “in such year” after “such transportation”, and realigned margins.

Subsec. (c). Pub. L. 100–690, §9111(c), substituted “property (including exempt items) by motor vehicle” for “exempt items in any registrable year” and “by motor vehicle, if” for “in any registrable year, if” in introductory provisions and struck out “ending before the first day of such registrable year” after “of such Code)” in par. (2).

Subsec. (d). Pub. L. 100–690, §9111(d), inserted “by motor vehicle” before period at end of first sentence.

Subsec. (e)(2). Pub. L. 100–690, §9111(e), inserted subpars. (A) and (B) and concluding provisions and struck out former subpars. (A) and (B) which read as follows:

“(A) under section 30 of the Motor Carrier Act of 1980, in the case of a foreign motor carrier or foreign motor private carrier which provides transportation in the United States of an item referred to in subsection (b)(1) of such section; and

“(B) under the laws of the State or States in which the carrier is operating, in the case of a foreign motor private carrier which provides interstate transportation in the United States of property (other than an item referred to in such subsection).”

Subsec. (g). Pub. L. 100–690, §9111(f), as amended by Pub. L. 103–272, §4(o)(3), (4), inserted subsec. and par. (1) headings, generally amended text of par. (1) which read as follows: “Any motor vehicle which is used to provide transportation under a certificate of registration issued under this section shall have a copy of such certificate in such motor vehicle at any time such vehicle is being used to provide such transportation.”, and in par. (2) inserted heading, substituted “certificate or permit” for “certificate of registration”, and realigned margins.

1986—Subsec. (c)(2). Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”.

Effective Date of 1988 Amendment

Section 9111(k) of Pub. L. 100–690 provided that: “The amendments made by this section [amending this section and sections 10922, 10927, 11701, and 11702 of this title] shall take effect January 1, 1990.”

Effective Date

Section 226(d) of Pub. L. 98–554 provided that: “The amendments made by this section [enacting this section and amending sections 10322, 10922, 10927, 11701, 11702, 11901, and 11914 of this title] shall take effect May 1, 1985, except that the Interstate Commerce Commission may issue before such date such regulations as may be necessary to carry out the amendments made by this section beginning on such date.”

Section Referred to in Other Sections

This section is referred to in sections 10922, 10927, 11701, 11702, 11901, 11914 of this title.

¹ See References in Text note below.

§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.)

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.

SUBCHAPTER III—WATER CARRIER TRANSPORTATION

Subchapter Referred to in Other Sections

This subchapter is referred to in sections 10102, 10329, 10502, 10523, 10701, 10703, 10704, 10705, 10721, 10722, 10723, 10724, 10725, 10726, 10741, 10742, 10762, 10921, 10922, 10923, 10930, 10933, 11101, 11108, 11141, 11142, 11143, 11323, 11342, 11343, 11502, 11504, 11702, 11705, 11706, 11904, 11905, 11908, 11909, 11910, 11914 of this title; title 26 section 7701; title 46 App. sections 804, 883–1.

§10541. General jurisdiction

(a) Subject to this chapter and other law, the Interstate Commerce Commission has jurisdiction over transportation insofar as water carriers are concerned—

(1) by water carrier between a place in a State and a place in another State, even if part of the transportation is outside the United States;

(2) by water carrier and rail carrier or motor carrier from a place in a State to a place in another State, except that if part of the transportation is outside the United States, the Commission only has jurisdiction over that part of the transportation provided—

(A) by rail carrier or motor carrier that is in the United States; and

(B) by water carrier that is from a place in the United States to another place in the United States; and

(3) by water carrier or by water carrier and rail carrier or motor carrier between a place in the United States and a place outside the United States, to the extent that—

(A) when the transportation is by rail carrier or motor carrier, the transportation is provided in the United States;

(B) when the transportation is by water carrier to a place outside the United States, the transportation is provided by water carrier from a place in the United States to another place in the United States before transshipment from a place in the United States to a place outside the United States; and

(C) when the transportation is by water carrier from a place outside the United States, the transportation is provided by water carrier from a place in the United States to another place in the United States after transshipment to a place in the United States from a place outside the United States.

(b) If transportation by a carrier would be subject to the jurisdiction of the Commission under both subsection (a) of this section and subchapter I of this chapter, then that transportation is subject to the jurisdiction of the Commission under subsection (a) of this section. However, that transportation is also subject to the jurisdiction of the Commission under subchapter I of this chapter to the extent that this subtitle imposes requirements on transportation by carriers subject to the jurisdiction of the Commission under subchapter I that are not imposed on transportation by carriers subject to the jurisdiction of the Commission under subsection (a) of this section.

(c) This subtitle does not—

(1) affect the power of a State to regulate intrastate transportation provided by a water carrier; or

(2) authorize the Commission to prescribe or regulate a rate for intrastate transportation by a water carrier.

(Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1365.)

In the introductory matter of subsection (a), before clause (1), the words “the Interstate Commerce Commission has jurisdiction over transportation insofar as water carriers are concerned” are based on 49:chapter 12 and are inserted to inform the reader of the general jurisdiction of the Commission in the water carrier area and to conform to the approach of sections 10501 and 10521 that are based on existing law. The words “Subject to this chapter and other provisions of law” are inserted to inform the reader that other sections of the subtitle qualify the grant of jurisdiction to the Commission under subsection (a).

In subsection (a)(1), (3), the words “wholly”, and “partly” are omitted as surplus. The words “water carrier”, “rail carrier”, and “motor carrier” are substituted for “water”, “railroad”, and “motor vehicle”, respectively, as more precise because the purpose of the language of the section is to state the jurisdiction of the Commission over transportation by the 3 types of carriers, and the terms “railroad” and “motor vehicle” are defined terms incorporated into the definitions of “rail carrier” and “motor carrier”, respectively.

In subsection (a)(3), the words “for movement” and “in a movement” are omitted as surplus.

In subsection (c), the words “This subtitle does not” are substituted for “Nothing in this chapter shall” for clarity. The word “exclusive” is omitted as unnecessary. The words “intrastate transportation” are substituted for “intrastate commerce” for consistency. The words “within the jurisdiction of such State” are omitted as unnecessary. The word “rate” is substituted for “rate, fare, or charge” because of the definition of “rate” in section 10102 of the revised title. The words after “intrastate transportation” are omitted as unnecessary because services are included in the word “transportation” and because of the restatement of the source provisions.

§10542. Exempt bulk transportation

(a)(1) The Interstate Commerce Commission does not have jurisdiction under this subchapter over transportation by a water carrier of commodities in bulk that, under an existing custom of the trade in the handling and transportation of commodities in bulk as of June 1, 1939—

(A) are loaded and carried without wrappers or containers; and

(B) are received and delivered by the carrier without transportation mark or count.

(2) This subsection does not apply to transportation subject to the Intercoastal Shipping Act, 1933 (46 App. U.S.C. 843 et seq.) on September 18, 1940.

(b) The Commission does not have jurisdiction under this subchapter over transportation by a water contract carrier of commodities in bulk in a non-oceangoing vessel on a normal voyage during which—

(1) the cargo space of the vessel is used for carrying not more than 3 commodities in bulk; and

(2) the vessel passes in or through waters that are international for navigational purposes by a treaty to which the United States is a party.

(c) The Commission does not have jurisdiction under this subchapter over transportation by water carrier of liquid cargoes in bulk in a tank vessel—

(1) designed exclusively for transporting such a cargo; and

(2) having a certificate of inspection issued under part B of subtitle II of title 46 endorsed to show that the vessel complies with chapter 37 of title 46.

(Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1366; Pub. L. 98–89, §3(b), Aug. 26, 1983, 97 Stat. 599; Pub. L. 98–216, §2(9), (10), Feb. 14, 1984, 98 Stat. 5; Pub. L. 103–272, §5(m)(19), July 5, 1994, 108 Stat. 1377.)

In subsection (a)(1), before clause (A), and in subsections (b) and (c), before each clause (1), the words “Commission does not have jurisdiction under this subchapter” are substituted for “Nothing in this chapter shall apply” for clarity and for consistency with the terms used in other sections of chapter 105 of the revised title.

References in Text

The Intercoastal Shipping Act, 1933, referred to in subsec. (a)(2), is act Mar. 3, 1933, ch. 199, 47 Stat. 1425, as amended, which is classified generally to chapter 23A (§843 et seq.) of Title 46, Appendix, Shipping. For complete classification of this Act to the Code, see section 848 of Title 46, Appendix, and Tables.

Amendments

1994—Subsec. (a)(2). Pub. L. 103–272 inserted “App.” after “(46”.

1984—Subsec. (a)(2). Pub. L. 98–216, §2(9), substituted “the Intercoastal Shipping Act, 1933 (46 U.S.C. 843 et seq.)” for “chapter 23A of title 46”.

Subsec. (c)(2). Pub. L. 98–216, §2(10), which directed substitution of “section 4417a of the Revised Statutes (46 U.S.C. 391a)” for “section 391a of title 46”, was incapable of execution because of prior amendment of subsec. (c)(2) by section 3(b)(2) of Pub. L. 98–89. See 1983 Amendment note below.

1983—Subsec. (c). Pub. L. 98–89, §3(b)(1), substituted “a tank vessel” for “tank vessels” in provisions preceding par. (1).

Subsec. (c)(2). Pub. L. 98–89, §3(b)(2), substituted “having a certificate of inspection issued under part B of subtitle II of title 46 endorsed to show that the vessel complies with chapter 37 of title 46” for “certified under regulations of the Secretary of Transportation under section 391a of title 46”.

Section Referred to in Other Sections

This section is referred to in section 10749 of this title.

§10543. Exempt incidental water transportation

(a)(1) The Interstate Commerce Commission does not have jurisdiction under this subchapter when the transportation—

(A)(i) is provided in a terminal area and is a transfer, collection, or delivery; or

(ii) is flotage, car ferrying, lighterage, or towage;

(B) is provided by—

(i) a rail carrier subject to the jurisdiction of the Commission under subchapter I of this chapter; or

(ii) a motor carrier subject to the jurisdiction of the Commission under subchapter II of this chapter; and

(C) is incidental to transportation provided by the carrier subject to the jurisdiction of the Commission under either of those subchapters.

(2) Transportation exempt from the jurisdiction of the Commission under paragraph (1) of this subsection is subject to the jurisdiction of the Commission under subchapter I of this chapter when provided by such a rail carrier and under subchapter II of this chapter when provided by such a motor carrier.

(b)(1) Except to the extent provided in paragraph (2) of this subsection, the Commission does not have jurisdiction under this subchapter over transportation by water when the transportation—

(A)(i) is provided in a terminal area and is a transfer, collection, or delivery; or

(ii) is flotage, car ferrying, lighterage, or towage; and

(B) is provided by a person as an agent or under other arrangement for—

(i) a rail carrier or express carrier subject to the jurisdiction of the Commission under subchapter I of this chapter;

(ii) a motor carrier subject to the jurisdiction of the Commission under subchapter II of this chapter; or

(iii) a water carrier subject to the jurisdiction of the Commission under this subchapter.

(2) Transportation exempt from the jurisdiction of the Commission under paragraph (1) of this subsection is considered transportation provided by the carrier for whom the transportation was provided and is subject to the jurisdiction of the Commission under subchapter I of this chapter when provided for such a rail carrier or express carrier, under subchapter II of this chapter when provided for such a motor carrier, and under this subchapter when provided for such a water carrier.

(Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1367.)

The words “Notwithstanding any provision of this section or of section 902 of this title” in 49:903(f) are omitted as surplus because section 10541 of the revised title codifies the pertinent provisions of 49:902 and 903, and section 10541 begins with the words “Subject to”.

In the introductory matter of subsections (a) and (b), before each clause (1), the words “does not have jurisdiction under this subchapter” are substituted for “the provisions of this chapter shall not apply” for clarity and to conform to the terms used in chapter 105 of the revised title. The words “over transportation by water” are omitted as unnecessary.

§10544. Miscellaneous water carrier transportation exemptions

(a) Except to the extent the Interstate Commerce Commission finds it necessary to exercise jurisdiction to carry out the transportation policy of section 10101 of this title, the Commission does not have jurisdiction under this subchapter over transportation by water carrier when the transportation is provided—

(1) entirely in one harbor or between places in contiguous harbors, other than transportation under common control, management, or arrangement for a continuous carriage or shipment to or from a place outside the limits of the harbor or the contiguous harbors;

(2) by a vessel of not more than 100 tons carrying capacity or 100 indicated horsepower;

(3) by a vessel carrying only passengers and equipped to carry not more than 16 passengers;

(4) by a ferry;

(5) by a water carrier transporting equipment of contractors used, or to be used, in construction or repair for the water carrier; or

(6) to carry out salvage operations.

(b) The Commission may exempt from its jurisdiction under this subchapter the transportation of passengers between places in the United States through a foreign port when the Commission finds its jurisdiction is not necessary to carry out the transportation policy of section 10101 of this title. The Commission may begin a proceeding under this subsection on its own initiative or on application of an interested party.

(c) The Commission shall exempt from its jurisdiction under this subchapter the transportation of commodities by water contract carrier when the Commission finds that the transportation is not actually and substantially competitive with transportation provided by a carrier subject to the jurisdiction of the Commission under subchapter I or II of this chapter because of the inherent nature of the commodities transported, their requirement of special equipment, or their shipment in bulk. The Commission may prescribe conditions applicable to an exemption under this subsection. The Commission may begin a proceeding under this subsection on application of a water contract carrier.

(d)(1) The Commission does not have jurisdiction under this subtitle over transportation by a water common carrier provided between the 48 contiguous States or the District of Columbia, and Alaska if, before January 3, 1959—

(A) the carrier provided that transportation, was also a motor common carrier, and has continued to provide the transportation since before that date; and

(B) the transportation was subject to the Shipping Act, 1916 (46 App. U.S.C. 801 et seq.) or the Intercoastal Shipping Act, 1933 (46 App. U.S.C. 843 et seq.).

(2) The transportation remains subject to the jurisdiction of the Federal Maritime Commission.

(e) The Commission shall exempt the transportation of property on a vessel furnished by a water contract carrier to a person not a carrier providing transportation or service subject to the jurisdiction of the Commission under this subtitle when the person uses the vessel to transport its own property and the Commission finds its jurisdiction is not necessary to carry out the transportation policy of section 10101 of this title. The Commission may begin a proceeding under this section on its own initiative or on application of an interested party. The Commission may exempt the transportation by person or class of persons. The Commission shall specify the period of time during which the exemption is effective. The Commission may revoke the exemption when it finds that its jurisdiction over the transportation of the property is necessary to carry out the transportation policy of section 10101. The Commission may deny or revoke an exemption only after an opportunity for a proceeding.

(f)(1) The Commission shall exempt the transportation of property by a water carrier under this subchapter when the Commission finds that the carrier is transporting only the property of a person owning substantially all of the voting stock of the carrier. When an exemption is granted, the Commission shall issue a certificate of exemption. The Commission may begin a proceeding under this subsection on its own initiative or on application of an interested party.

(2) The Commission may revoke an exemption granted under this subsection when it finds the water carrier is no longer entitled to the exemption. If the exemption is revoked, the Commission shall restore without further proceedings the authority the water carrier had to provide transportation subject to the jurisdiction of the Commission under this subchapter at the time the exemption became effective.

(Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1368; Pub. L. 96–258, §1(6), June 3, 1980, 94 Stat. 425; Pub. L. 97–449, §5(g)(2), Jan. 12, 1983, 96 Stat. 2443; Pub. L. 98–216, §2(11), Feb. 14, 1984, 98 Stat. 5; Pub. L. 103–272, §5(m)(19), July 5, 1994, 108 Stat. 1377.)

In subsection (a), the words “does not have jurisdiction under this subchapter” are substituted for “the provisions of this part shall not apply” for clarity and to conform to the terms used in chapter 105 of the revised title. The words “to exercise jurisdiction” are inserted for clarity and to conform to the language of section 10526(b) of the revised title. The words “transportation by water carrier” are used to introduce all 6 clauses of the section for consistency within the section and with other sections of the subchapter.

Subsection (a)(1) has been restated to conform to the language of section 10526(b)(1) and terms used elsewhere in chapter 105. The words “in interstate commerce” are omitted for consistency and as unnecessary because the Commission only has jurisdiction when specified interstate or foreign commerce is involved.

In subsection (a)(2), the word “vessel” is substituted for “small vessel” because “vessel” is a defined term in section 10102 of the revised title that applies to “watercraft” and the balance of the clause explains what “small” means.

In subsection (b), the words “exempt from its jurisdiction under this subchapter” and “its jurisdiction” are substituted for “exempt from the requirements of this chapter” and “application of such requirements”, respectively, for consistency and clarity. The words “any provision”, “by order”, “or ports”, and “thereto” are omitted as surplus. The words “of an interested party” are added for clarity.

In subsection (c), the words “It is declared to be the policy of” and “to exclude from the provisions of this chapter, in addition to the transportation otherwise excluded under this section” are omitted as surplus. The words “made in such manner and form as the Commission may by regulations prescribe” are omitted in view of section 10321(a) of the revised title. The words “and limitations” are omitted as unnecessary. The words “by order . . . such of the transportation engaged in by such carrier as it finds necessary to carry out the policy above declared” are omitted as surplus.

Subsection (d) restates the source provisions for clarity and consistency. The word “transportation” is substituted for “operations” because the jurisdiction of the Interstate Commerce Commission is over transportation and the operations of a carrier are included in the definition of transportation.

Subsection (e) restates the source provisions for clarity and consistency. The words “after an opportunity for a proceeding” are substituted for “reasonable opportunity for hearing” for consistency.

Subsection (f) restates the source provisions for clarity and consistency. The words “substantially all” are substituted for “all or substantially all” to eliminate redundancy. The words “by order”, “foregoing provisions”, and “if any” are omitted as surplus. The words following the comma in the 2d sentence of 49:903(h) are omitted as unnecessary. The last sentence of 49:903(h) is omitted as unnecessary in view of subchapter II of chapter 5 of title 5.

Pub. L. 96–258

This amends section 10544(d)(1) to make a technical change to conform to the source provision.

Pub. L. 98–216

This is necessary to conform an amendment made by section 5(g)(2) and (5) of the Act of January 12, 1983 (Pub. L. 97–449, 96 Stat. 2443).

References in Text

The Shipping Act, 1916, referred to in subsec. (d)(1)(B), is act Sept. 7, 1916, ch. 451, 39 Stat. 728, as amended, which is classified generally to chapter 23 (§801 et seq.) of Title 46, Appendix, Shipping. For complete classification of this Act to the Code, see section 842 of Title 46, Appendix, and Tables.

The Intercoastal Shipping Act, 1933, referred to in subsec. (d)(1)(B), is act Mar. 3, 1933, ch. 199, 47 Stat. 1425, as amended, which is classified generally to chapter 23A (§843 et seq.) of Title 46, Appendix. For complete classification of this Act to the Code, see section 848 of Title 46, Appendix, and Tables.

Amendments

1994—Subsec. (d)(1)(B). Pub. L. 103–272 inserted “App.” after “(46” in two places.

1984—Subsec. (d)(1)(B). Pub. L. 98–216 substituted “(46 U.S.C. 843 et seq.)” for “(46 U.S.C. 843–848)”.

1983—Subsec. (d)(1)(B). Pub. L. 97–449 substituted “the Shipping Act, 1916 (46 U.S.C. 801 et seq.) or the Intercoastal Shipping Act, 1933 (46 U.S.C. 843–848)” for “chapters 23 and 23A of title 46”.

1980—Subsec. (d)(1). Pub. L. 96–258 inserted reference to the District of Columbia in introductory provisions.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–258 effective Oct. 17, 1978, see section 3(d) of Pub. L. 96–258, set out as a note under section 10525 of this title.

Section Referred to in Other Sections

This section is referred to in section 10929 of this title.

SUBCHAPTER IV—FREIGHT FORWARDER SERVICE

Subchapter Referred to in Other Sections

This subchapter is referred to in sections 10329, 10523, 10701, 10704, 10722, 10730, 10741, 10749, 10762, 10766, 10921, 10923, 10930, 10933, 11101, 11127, 11142, 11323, 11501, 11502, 11702, 11705, 11707, 11904, 11909, 11910, 11914 of this title.

§10561. General jurisdiction

(a) Subject to this chapter and other law, the Interstate Commerce Commission has jurisdiction over service that a household goods freight forwarder—

(1) undertakes to provide; or

(2) is authorized or required under this subtitle to provide;

to the extent transportation is provided in the United States and is between—

(A) a place in a State and a place in another State, even if part of the transportation is outside the United States;

(B) a place in a State and another place in the same State through a place outside the State; or

(C) a place in the United States and a place outside the United States.

(b) The Commission does not have jurisdiction under subsection (a) of this section over service undertaken by a household goods freight forwarder using transportation—

(1) of an air carrier subject to part A of subtitle VII of this title; or

(2) by motor vehicle exempt under section 10526(a)(8) of this title.

(Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1369; Pub. L. 99–521, §6(c), Oct. 22, 1986, 100 Stat. 2994; Pub. L. 103–272, §5(m)(20), July 5, 1994, 108 Stat. 1377.)

In the introductory matter of subsection (a), before clause (1), the words “the Interstate Commerce Commission has jurisdiction over service that a freight forwarder” are based on 49:chapter 13 and the words preceding “undertakes” in 49:1002(a)(7). They are inserted to inform the reader of the general jurisdiction of the Commission in the freight forwarder area and to conform to the approach of sections 10501 and 10521 that are based on existing law. The words “Subject to this chapter and other provisions of law” are inserted to inform the reader that other sections of the subtitle qualify the grant of jurisdiction of the Commission under section 10561. The words “or all” are omitted as surplus. The words “freight forwarder” are substituted for “any person . . . as a freight forwarder” to eliminate redundancy and because the definition of “freight forwarder” applies to a person.

In subsection (a)(1) and (2), the words “perform or” are omitted as redundant.

In subsection (b)(1), the words “air carrier subject to chapter 20 of this title” are substituted for “air carrier subject to the Civil Aeronautics Act of 1938, as amended” because the 1938 Act was repealed and replaced by the Federal Aviation Act of 1958, and the 1958 act is included in the United States Code as chapter 20 of title 49.

Amendments

1994—Subsec. (b)(1). Pub. L. 103–272 substituted “part A of subtitle VII” for “chapter 20”.

1986—Pub. L. 99–521 inserted “household goods” before “freight forwarder” in two places.

Effective Date of 1986 Amendment

Amendment by Pub. L. 99–521 effective 60 days after Oct. 22, 1986, see section 15 of Pub. L. 99–521, set out as a note under section 10102 of this title.

[§10562. Repealed. Pub. L. 99–521, §6(d)(1), Oct. 22, 1986, 100 Stat. 2994]

Section, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1369; Pub. L. 97–449, §5(g)(3), Jan. 12, 1983, 96 Stat. 2443, related to exempt freight forwarder service.

Effective Date of Repeal

Repeal effective 60 days after Oct. 22, 1986, see section 15 of Pub. L. 99–521, set out as an Effective Date of 1986 Amendment note under section 10102 of this title.