Page:United States Statutes at Large Volume 109 Part 1.djvu/878

 109 STAT. 862 PUBLIC LAW 104-88 —DEC. 29, 1995 tive association or federation and necessary for its effective performance; and "(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 "(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 byproducts 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) 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;

�