Page:United States Statutes at Large Volume 92 Part 2.djvu/87

 PUBLIC LAW 95-473—OCT. 17, 1978

92 STAT. 1367

(2) This subsection does not apply to transportation subject to 46 USC 843 et chapter 23A of title 46 on September 18, 1940. (b) The Commission does not have jurisdiction under this sub- seq. chapter 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 tank vessels— J. (1) designed exclusively for transporting such a cargo; and (2) certified under regulations of the Secretary of Transportation under section 391a of title 46. 49 USC 10543. § 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 Hi) 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 Com• mission 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 jurisdic'< tion of the Commission under subchapter I of this chapter; (ii) a motor carrier subject to the jurisdiction of the (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
 * c; /.'5 Commission under subchapter II of this chapter; or

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