Page:United States Statutes at Large Volume 92 Part 2.djvu/79

 PUBLIC LAW 95-473—OCT. 17, 1978

92 STAT. 1359

SUBCHAPTER IV—FREIGHT FORWARDER SERVICE 10561. General jurisdiction. 10562. Exempt freight forwarder service. SUBCHAPTER I—RAIL, RAIL-WATER, E X P R E S S, AND P I P E L I N E CARRIER TRANSPORTATION § 10501. General jurisdiction 49 USC 10501. (a) Subject to this chapter and other law, the Interetate 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 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 transr" portation would be sul3Ject to this subchapter only because the 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 the State requirement is inconsistent with an order of the Commission issued under this subtitle or is prohibited under this subtitle.
 * ' water common carrier absorbs, out of its port-to-port water rates

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