Page:United States Statutes at Large Volume 92 Part 2.djvu/88

 92 STAT. 1368

49 USC 10544. Ante, p. 1337.

Proceeding.

Conditions. Proceeding.

46 USC 801 et seq., 843 et seq.

PUBLIC LAW 95-473—OCT. 17, 1978 or express carrier, under subchapter II of this chapter when provided for such a motor carrier, and under this subchapter when provided for such a water carrier. § 10544. Miscellaneous water carrier transportation exemptions (a) Except to the extent the Interstate Commerce Commission finds it necessary to exercise jurisdiction to carry out the transportation policy of section 10101 of this title, the Commission does not have jurisdiction under this subchapter over transportation by water carrier when the transportation is provided— (1) entirely in one harbor or between places in contiguous harbors, other than transportation under common control, manage, ment, or arrangement for a continuous carriage or shipment to or from a place outside the limits of the harbor or the contiguous harbors; (2) by a vessel of not more than 100 tons carrying capacity oi 100 indicated horsepower; (3) by a vessel carrying only passengers and equipped to carry not more than 16 passengers; (4) by a ferry; (5) by a water carrier transporting equipment of contractors used, or to be used, in construction or repair for the water carrier; or (6) to carry out salvage operations. (b) The Commission may exempt from its jurisdiction under this subchapter the transportation of passengers between places in the United States through a foreign port when the Commission finds its jurisdiction is not necessary to carry out the transportation policy of section 10101 of this title. The Commission may begin a proceeding under this subsection on its own initiative or on application of an interested party. (c) The Commission shall exempt from its jurisdiction under this subchapter the transportation of commodities by water contract carrier when the Commission finds that the transportation is not actually and substantially competitive with transportation provided by a carrier subject to the jurisdiction of the Commission under subchapter I or II of this chapter because of the inherent nature of the commodities transported, their requirement of special equipment, or their shipment in bulk. The Commission may prescribe conditions applicable to an exemption under this subsection. The Commission may begin a proceeding under this subsection on application of a water contract carrier. (d)(1) The Commission does not have jurisdiction under this subtitle over transportation by a water common carrier provided between the 48 contiguous States and Alaska if, before January 3, 1959— (A) the carrier provided that transportation, was also a motor common carrier, and has continued to provide the transportation since before that date; and (B) the transportation was subject to chapters 23 and 23A of title 46. (2) The transportation remains subject to the jurisdiction of the Federal Maritime Commission. (e) The Commission shall exempt the transportation of property on a vessel furnished by a water contract carrier to a person not a carrier providing transportation or service subject to the jurisdiction of the Commission under this subtitle when the person uses the vessel to trans-

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