Page:United States Statutes at Large Volume 92 Part 2.djvu/83

 PUBLIC LAW 95-473—OCT. 17, 1978 (B) is provided by a person as an agent or under other arrangement for— s (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 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 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 freight forwarder. § 10524. Transportation furthering a primary business 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. § 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

92 STAT. 1S63

49 USC 10524.

49 US^ 10525.

Ante, p. 1337. Proceedings.

Exemption certificate.

�