TITLE 49-TRANSPORTATION (Added Pub. L. 96-296, § 21(b)(1), July 1, 1980, AMENDMENTS 1980-Pub. L. 96-454 substituted "(11), (12), or (13)" for "(10), (11), or (12)”. § 10529. Limited authority over cooperative associations (a) Notwithstanding section 10526(a)(5) of this title, any cooperative association (as defined by section 15(a) of the Agricultural Marketing Act (12 U.S.C. 1141j(a)) 3 or a federation of cooperative associations which is required to notify the Commission under such section 10526(a)(5) shall prepare and maintain such records relating to transportation provided by such association or federation, in such form, as the Commission may require by regulation to carry out the provisions of such section 10526(a)(5). The Commission or an employee designated by the Commission, may on demand and display of proper credentials (1) inspect and examine the lands, buildings, and equipment of such association or federation; and (2) inspect and copy any record of such association or federation. (b) Notwithstanding section 10526(a)(5) of this title, the Commission may require a cooperative association or federation of cooperative associations described in subsection (a) of this section to file reports with the Commission containing answers to questions about transportation provided by such association or federation. (c) The Commission may bring a civil action to enforce subsections (a) and (b) of this section or a regulation or order of the Commission issued under this section, when violated by a cooperative association or federation of cooperative associations described in subsection (a). (d)(1) A person required to make a report to the Commission, answer a question, or maintain a record under this section, or an officer, agent, or employee of that person, that (A) does not make the report, (B) does not specifically, completely, and truthfully answer the question, or (C) does not maintain the record in the form and manner prescribed by the Commission, is liable to the United States Government for a civil penalty of not more than $500 for each violation and for not more than $250 for each additional day the violation continues. (2) Trial in a civil action under paragraph (1) of this subsection shall be in the judicial district in which (A) the cooperative association or federation of cooperative associations has its principal office, (B) the violation occurred, or (C) the offender is found. Process in the action may be served in the judicial district of which the offender is an inhabitant or in which the offender may be found. (e) A person, or an officer, employee, or agent of that person, that by any means knowingly and willfully tries to evade compliance with the provisions of this section shall be fined at least $200 but not more than $500 for the first viola 'So in original. Probably should be followed by a closing parenthesis. Page 842 tion and at least $250 but not more than $2,000 for a subsequent violation. (f) A person required to make a report to the Commission, answer a question, or maintain a record under this section, or an officer, agent, or employee of that person, that (1) willfully does not make that report, (2) willfully does not specifically, completely, and truthfully answer that question in 30 days from the date the Commission requires the question to be answered, (3) willfully does not maintain that record in the form and manner prescribed by the Commission, (4) knowingly and willfully falsifies, destroys, mutilates, or changes that report or record, (5) knowingly and willfully files a false report or record with the Commission under this section, (6) knowingly and willfully makes a false or incomplete entry in that record about a business-related fact or transac tion, or (7) knowingly and willfully maintains a record in violation of a regulation or order of the Commission issued under this section, shall be fined not more than $5,000. (Added Pub. L. 96-296, § 24(b)(1), July 1, 1980, 94 Stat. 814.) SUBCHAPTER III-WATER CARRIER SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in sections 10102, 10329, 10502, 10523, 10701, 10703, 10704, 10705, 10721, 10722, 10723, 10724, 10725, 10726, 10741, 10742, 10762, 10921, 10922, 10923, 10930, 10933, 11101, 11108, 11141, 11142, 11143, 11323, 11342, 11343, 11502, 11504, 11702, 11705, 11706, 11904, 11905, 11908, 11909, 11910, 11914 of this title; title 26 section 7701; title 46 sections 804, 883-1. § 10541. General jurisdiction (a) Subject to this chapter and other law, the Interstate Commerce Commission has jurisdiction over transportation insofar as water carriers are concerned (1) by water carrier between a place in a State and a place in another State, even if part of the transportation is outside the United States; (2) by water carrier and rail carrier or motor carrier from a place in a State to a place in another State, except that if part of the transportation is outside the United States, the Commission only has jurisdiction over that part of the transportation provided (A) by rail carrier or motor carrier that is in the United States; and (B) by water carrier that is from a place in the United States to another place in the United States; and (3) by water carrier or by water carrier and rail carrier or motor carrier between a place in the United States and a place outside the United States, to the extent that (A) when the transportation is by rail car. rier or motor carrier, the transportation is provided in the United States; (B) when the transportation is by water carrier to a place outside the United States, the transportation is provided by water car rier from a place in the United States to another place in the United States before transshipment from a place in the United States to a place outside the United States; and (C) when the transportation is by water carrier from a place outside the United States, the transportation is provided by water carrier from a place in the United States to another place in the United States after transshipment to a place in the United States from a place outside the United States. (b) If transportation by a carrier would be subject to the jurisdiction of the Commission under both subsection (a) of this section and subchapter I of this chapter, then that transportation is subject to the jurisdiction of the Commission under subsection (a) of this section. However, that transportation is also subject to the jurisdiction of the Commission under subchapter I of this chapter to the extent that this subtitle imposes requirements on transportation by carriers subject to the jurisdiction of the Commission under subchapter I that are not imposed on transportation by carriers subject to the jurisdiction of the Commission under subsection (a) of this section. (c) This subtitle does not (1) affect the power of a State to regulate intrastate transportation provided by a water carrier; or (2) authorize the Commission to prescribe or regulate a rate for intrastate transportation by a water carrier. (Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1365.) HISTORICAL and Revision NOTES In the introductory matter of subsection (a), before clause (1), the words "the Interstate Commerce Commission has jurisdiction over transportation insofar as water carriers are concerned" are based on 49:chapter 12 and are inserted to inform the reader of the general jurisdiction of the Commission in the water carrier area and to conform to the approach of sections 10501 and 10521 that are based on existing law. The words "Subject to this chapter and other provisions of law" are inserted to inform the reader that other sections of the subtitle qualify the grant of jurisdiction to the Commission under subsection (a). In subsection (a)(1), (3), the words "wholly", and "partly" are omitted as surplus. The words "water carrier", "rail carrier", and "motor carrier" are substituted for "water", "railroad", and "motor vehicle", respectively, as more precise because the purpose of the language of the section is to state the jurisdiction of the Commission over transportation by the 3 types of carriers, and the terms "railroad" and "motor vehicle" are defined terms incorporated into the definitions of "rail carrier" and "motor carrier", respectively. In subsection (a)(3), the words "for movement" and "in a movement" are omitted as surplus. In subsection (c), the words "This subtitle does not" are substituted for "Nothing in this chapter shall" for clarity. The word "exclusive" is omitted as unnecessary. The words "intrastate transportation" are substituted for "intrastate commerce" for consistency. The words "within the jurisdiction of such State" are omitted as unnecessary. The word "rate" is substituted for "rate, fare, or charge" because of the definition of "rate" in section 10102 of the revised title. The words after "intrastate transportation" are omitted as unnecessary because services are included in the word "transportation" and because of the restatement of the source provisions. § 10542. Exempt bulk transportation (a)(1) The Interstate Commerce Commission does not have jurisdiction under this subchapter over transportation by a water carrier of commodities in bulk that, under an existing custom of the trade in the handling and transportation of commodities in bulk as of June 1, 1939 (A) are loaded and carried without wrappers or containers; and (B) are received and delivered by the carrier without transportation mark or count. (2) This subsection does not apply to transportation subject to chapter 23A of title 46 on September 18, 1940. (b) The Commission does not have jurisdiction under this subchapter 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 (1) designed exclusively for transporting such a cargo; and (2) certified under regulations of the Secretary of Transportation under section 391a of title 46. (Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1366.) 10542(a).... 49:903(b). 10542(b).... 49:903(c). 10542(c)..... 49:903(d). Feb. 4, 1887, ch. 104, 24 Stat. 379, § 303 (b), (c), (d); added Sept. 18, 1940, ch. 722, 201, 54 Stat. 931; Reorg. Plan No. 3 of 1946, eff. May 16, 1946, § 101-104, 60 Stat. 1097; Oct. 15, 1966, Pub. L. 89-670, § 6(b), 80 Stat. 937; Dec. 28, 1970, Pub. L. 91-590, 1, 84 Stat. 1587; Dec. 27, 1973, Pub. L. 93-201, § 1, 87 Stat. 838. In subsection (a)(1), before clause (A), and in subsections (b) and (c), before each clause (1), the words "Commission does not have jurisdiction under this subchapter" are substituted for “Nothing in this chapter shall apply" for clarity and for consistency with the terms used in other sections of chapter 105 of the revised title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 10749 of this title. § 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 (ii) 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 Commission 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 jurisdiction of the Commission under subchapter I of this chapter; (ii) a motor carrier subject to the jurisdiction of the Commission under subchapter II of this chapter; or (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 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. (Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1367.) HISTORICAL AND REVISION NOTES Page 844 The words "Notwithstanding any provision of this section or of section 902 of this title" in 49:903(f) are omitted as surplus because section 10541 of the revised title codifies the pertinent provisions of 49:902 and 903, and section 10541 begins with the words "Subject to". In the introductory matter of subsections (a) and (b), before each clause (1), the words "does not have jurisdiction under this subchapter" are substituted for "the provisions of this chapter shall not apply" for clarity and to conform to the terms used in chapter 105 of the revised title. The words "over transportation by water" are omitted as unnecessary. (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, management, 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 or 100 indicated horsepow (6) to carry out salvage operations. (b) The Commission may exempt from its jurisdiction under this subchapter the transporta tion 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 transporta tion of commodities by water contract carrier when the Commission finds that the transpor tation is not actually and substantially competi tive with transportation provided by a carrier Isubject to the jurisdiction of the Commission under subchapter I or II of this chapter because of the inherent nature of the commod ities 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 or the District of Columbia, 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 the Shipping Act, 1916 (46 U.S.C. 801 et seq.) or the Intercoastal Shipping Act, 1933 (46 U.S.C. 843-848). (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 transport its own property and 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 section on its own initiative or on application of an interested party. The Commission may exempt the transportation by person or class of persons. The Commission shall specify the period of time during which the exemption is effective. The Commission may revoke the exemption when it finds that its jurisdiction over the transportation of the property is necessary to carry out the transportation policy of section 10101. The Commission may deny or revoke an exemption only after an opportunity for a proceeding. (f)(1) The Commission shall exempt the transportation of property by a water carrier under this subchapter when the Commission finds that the carrier is transporting only the property of a person owning substantially all of the voting stock of the carrier. When an exemption is granted, the Commission shall issue a certificate of exemption. The Commission may begin a proceeding under this subsection on its own initiative or on application of an interested party. (2) The Commission may revoke an exemption granted under this subsection when it finds the water carrier is no longer entitled to the exemption. If the exemption is revoked, the Commission shall restore without further proceedings the authority the water carrier had to provide transportation subject to the jurisdiction of the Commission under this subchapter at the time the exemption became effective. (Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1368; Pub. L. 96-258, § 1(6), June 3, 1980, 94 Stat. 425; Pub. L. 97-449, § 5(g)(2), Jan. 12, 1983, 96 Stat. 2443.) 10544(a).... 49:903(g). 10544(b).... 49:903(e)(1). 10544(c)..... 49:903(e)(2) (less last sentence). 10544(d).... 49:903(e)(3). 10544(e).... 49:902(e) (3d-5th sentences). 10544(f)..... 49:903(h). Feb. 4, 1887, ch. 104, 24 Stat. 379, 303(g), (h); added Sept. 18, 1940, ch. 722, § 201, 54 Stat. 932, 933. Feb. 4, 1887, ch. 104, 24 Stat. 379, 303(e)(1), (2) (less last sentence); added Sept. 18, 1940, ch. 722, § 201, 54 Stat. 932; restated June 12, 1948, ch. 457, § 1, 62 Stat. 386. Feb. 4, 1887, ch. 104, 24 Stat. 379, 303(e)(3); added July 12, 1960, Pub. L. 86-615, §8, 74 Stat. 386; Reorg. Plan No. 7 of 1961, eff. Aug. 12, 1961, § 103, 75 Stat. 840. Feb. 4, 1887, ch. 104, 24 Stat. 379, 302(e) (3d-5th sentences); added Sept. 18, 1940, ch. 722, § 201, 54 Stat. 930. In subsection (a), the words "does not have jurisdiction under this subchapter" are substituted for "the provisions of this part shall not apply" for clarity and to conform to the terms used in chapter 105 of the revised title. The words "to exercise jurisdiction" are inserted for clarity and to conform to the language of section 10526(b) of the revised title. The words "transportation by water carrier" are used to introduce all 6 clauses of the section for consistency within the section and with other sections of the subchapter. Subsection (a)(1) has been restated to conform to the language of section 10526(b)(1) and terms used elsewhere in chapter 105. The words "in interstate commerce" are omitted for consistency and as unnecessary because the Commission only has jurisdiction when specified interstate or foreign commerce is involved. In subsection (a)(2), the word "vessel" is substituted for "small vessel" because "vessel" is a defined term in section 10102 of the revised title that applies to “watercraft" and the balance of the clause explains what "small" means. In subsection (b), the words "exempt from its jurisdiction under this subchapter" and "its jurisdiction" are substituted for "exempt from the requirements of this chapter" and "application of such requirements", respectively, for consistency and clarity. The words "any provision", "by order", "or ports", and "thereto❞ are omitted as surplus. The words "of an interested party" are added for clarity. In subsection (c), the words "It is declared to be the policy of" and "to exclude from the provisions of this chapter, in addition to the transportation otherwise excluded under this section" are omitted as surplus. The words "made in such manner and form as the Commission may by regulations prescribe" are omitted in view of section 10321(a) of the revised title. The words "and limitations" are omitted as unnecessary. The words "by order . . . such of the transportation engaged in by such carrier as it finds necessary to carry out the policy above declared" are omitted as surplus. Subsection (d) restates the source provisions for clarity and consistency. The word "transportation" is substituted for "operations" because the jurisdiction of the Interstate Commerce Commission is over transportation and the operations of a carrier are included in the definition of transportation. Subsection (e) restates the source provisions for clarity and consistency. The words "after an opportunity for a proceeding" are substituted for "reasonable opportunity for hearing" for consistency. Subsection (f) restates the source provisions for clarity and consistency. The words "substantially all" are substituted for "all or substantially all" to eliminate redundancy. The words "by order", "foregoing provisions", and "if any" are omitted as surplus. The words following the comma in the 2d sentence of 49:903(h) are omitted as unnecessary. The last sentence of 49:903(h) is omitted as unnecessary in view of subchapter II of chapter 5 of title 5. 1980 ACT This amends section 10544(d)(1) to make a technical change to conform to the source provision. REFERENCES IN TEXT The Shipping Act, 1916, referred to in subsec. (d)(1)(B), is act Sept. 7, 1916, ch. 451, 39 Stat. 728, as amended, which is classified principally to chapter 23 (§ 801 et seq.) of Title 46, Shipping. For complete classification of this Act to the Code, see section 842 of Title 46 and Tables. The Intercoastal Shipping Act, 1933, referred to in subsec. (d)(1)(B), is act Mar. 3, 1933, ch. 199, 47 Stat. 1425, as amended, which is classified generally to chapter 23A (§ 843 et seq.) of Title 46. For complete classification of this Act to the Code, see section 848 of Title 46 and Tables. AMENDMENTS 1983-Subsec. (d)(1)(B). Pub. L. 97-449 substituted "the Shipping Act, 1916 (46 U.S.C. 801 et seq.) or the Intercoastal Shipping Act, 1933 (46 U.S.C. 843-848)" for "chapters 23 and 23A of title 46". 1980-Subsec. (d)(1). Pub. L. 96-258 added reference to the District of Columbia in the provisions preceding subpar. (A). EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-258 effective Oct. 17, 1978, see section 3(d) of Pub. L. 96-258, set out as a note under section 10525 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 10929 of this title. SUBCHAPTER IV-FREIGHT SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in sections 10329, 10523, 10701, 10704, 10722, 10730, 10741, 10749, 10762, 10766, 10921, 10923, 10930, 10933, 11101, 11127, 11142, 11323, 11501, 11502, 11702, 11705, 11707, 11904, 11909, 11910, 11914 of this title. § 10561. General jurisdiction (a) Subject to this chapter and other law, the Interstate Commerce Commission has jurisdiction over service that a freight forwarder (1) undertakes to provide; or (2) is authorized or required under this subtitle to provide; to the extent transportation is provided in the United States and is between (A) a place in a State and a place in another State, even if part of the transportation is outside the United States; (B) a place in a State and another place in the same State through a place outside the State; or (C) a place in the United States and a place outside the United States. In the introductory matter of subsection (a), before clause (1), the words "the Interstate Commerce Commission has jurisdiction over service that a freight forwarder" are based on 49:chapter 13 and the words preceding "undertakes" in 49:1002(a)(7). They are inserted to inform the reader of the general jurisdiction of the Commission in the freight forwarder area and to conform to the approach of sections 10501 and 10521 that are based on existing law. The words "Subject to this chapter and other provisions of law" are inserted to inform the reader that other sections of the subtitle qualify the grant of jurisdiction of the Commission under section 10561. The words "or all" are omitted as surplus. The words "freight forwarder" are substitut ed for "any person. . . as a freight forwarder" to elim inate redundancy and because the definition of "freight forwarder" applies to a person. In subsection (a)(1) and (2), the words "perform or" are omitted as redundant. In subsection (b)(1), the words "air carrier subject to chapter 20 of this title" are substituted for "air carrier subject to the Civil Aeronautics Act of 1938, as amend ed" because the 1938 Act was repealed and replaced by the Federal Aviation Act of 1958, and the 1958 act is included in the United States Code as chapter 20 of title 49. § 10562. Exempt freight forwarder service The Interstate Commerce Commission does not have jurisdiction under this subchapter over (1) service provided by, or under the direc tion of, a cooperative association (as defined by section 15(a) of the Agricultural Marketing Act (12 U.S.C. 1141j(a))) or by a feder ation of cooperative associations if the feder ation has no greater power or purposes than a cooperative association; (2) service subject to the jurisdiction of the Commission and provided with respect to only one of the following categories: (A) ordinary livestock; (B) fish (including shellfish); (C) agricultural or horticultural commodities (other than manufactured products thereof); or (D) used household goods; |