Page:United States Statutes at Large Volume 56 Part 1.djvu/313

 56 STAT.] 77TH CONG. , 2D SESS.-CH. 318 -MAY 16, 1942 "(6) The term 'interstate commerce' means transportation (A) between a point in a State and a point in another State, whether or not such transportation takes place wholly within the United States; (B) between points within the same State but through any place out- side thereof; or (C) from or to any point in the United States to or from any point outside thereof, but only insofar as such transporta- tion takes place within the United States. "(7) The term 'service subject to this part' means any or all of the service in connection with the transportation in interstate commerce which any person undertakes to perform or provide as a freight for- warder, or which such person is authorized or required by or under the authority of this part to perform or provide; but such term shall not include that part of the undertaking of any such person for the performance of which the services of an air carrier subject to the Civil Aeronautics Act of 1938, as amended, are utilized, or for the performance of which transportation by motor vehicle exempted under the provisions of section 203 (b) (7a) of this Act is utilized. "(8) Wherever reference is made to control (in referring to a relationship between any person or persons and another person or persons), such reference shall be construed to include actual as well as legal control, whether maintained or exercised through or by reason of the method of or circumstances surrounding organization or operation, through or by common directors, officers, or stock- holders, a voting trust or trusts, a holding or investment company or companies, or through or by any other direct or indirect means; and to include the power to exercise control. "(b) The provisions of this part shall not apply (1) to service performed by or under the direction of a cooperative association, as defined in the Agricultural Marketing Act, approved June 15, 1929, as amended, or by a federation of such cooperative associations, if such federation possesses no greater powers or purposes than cooper- ative associations so defined, or (2) where the property with respect to which service is performed consists of ordinary livestock, fish (including shellfish), agricultural commodities (not including manu- factured products thereof), or used household goods, if the person performing such service engages in service subject to this part with respect to not more than one of the classifications of property above specified. "(c) The provisions of this part shall not be construed to apply (1) to the operations of a shipper, or a group or association of shippers, in consolidating or distributing freight for themselves or for the members thereof, on a nonprofit basis, for the purpose of securing the benefits of carload, truckload, or other volume rates, or (2) to the operations of a warehouseman or other shippers' agent, in consolidating or distributing pool cars, whose services and respon- sibilities to shippers in connection with such operations are confined to the terminal area in which such operations are performed. " GENERAL POWERS AND DUTIES OF COMMISSION "SEC. 403. (a) It shall be the duty of the Commission to adminis- ter the provisions of this part, and to that end it shall have the authority to make and amend such rules and regulations and to issue such orders as may be necessary to carry out its provisions. "(b) The Commission shall have authority to establish reasonable requirements with respect to continuous and adequate service. "(c) The Commission shall have authority to prescribe reasonable rules and regulations governing the filing of surety bonds, policies of insurance, qualifications as a self-insurer, or other securities or agree- ments, in such reasonable amount as the Commission may require, to 285 "Interstate com- merce." "Service subject to this part." 52 Stat. 973; post, p. 300. 49 U. . C..§ 401- 681. 52 Stat. 1029. 49U.S.C.§303(b) (7a). "Control" con- strued. Services excluded. Cooperative associ- ations. 46 Stat. 11 . 12U. S. C. §§1141- 1141j. Service limited to one of designated prop- erty classifications. Nonapplliattion to certain shippers or agents. Rules and regula- tions. Service require- ments. Securities, etc., to cover property loss or damage.

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