§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 the Intercoastal Shipping Act, 1933 (46 App. U.S.C. 843 et seq.) 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 a tank vessel-

(1) designed exclusively for transporting such a cargo; and

(2) having a certificate of inspection issued under part B of subtitle II of title 46 endorsed to show that the vessel complies with chapter 37 of title 46.

( Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1366 ; Pub. L. 98–89, §3(b), Aug. 26, 1983, 97 Stat. 599 ; Pub. L. 98–216, §2(9), (10), Feb. 14, 1984, 98 Stat. 5 ; Pub. L. 103–272, §5(m)(19), July 5, 1994, 108 Stat. 1377 .)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
10542(a)	49:903(b).	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 .
10542(b)	49:903(c).
10542(c)	49:903(d).

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.

References in Text

The Intercoastal Shipping Act, 1933, referred to in subsec. (a)(2), 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, Appendix, Shipping. For complete classification of this Act to the Code, see section 848 of Title 46, Appendix, and Tables.

Amendments

1994-Subsec. (a)(2). Pub. L. 103–272 inserted "App." after "(46".

1984-Subsec. (a)(2). Pub. L. 98–216, §2(9), substituted "the Intercoastal Shipping Act, 1933 (46 U.S.C. 843 et seq.)" for "chapter 23A of title 46".

Subsec. (c)(2). Pub. L. 98–216, §2(10), which directed substitution of "section 4417a of the Revised Statutes (46 U.S.C. 391a)" for "section 391a of title 46", was incapable of execution because of prior amendment of subsec. (c)(2) by section 3(b)(2) of Pub. L. 98–89. See 1983 Amendment note below.

1983-Subsec. (c). Pub. L. 98–89, §3(b)(1), substituted "a tank vessel" for "tank vessels" in provisions preceding par. (1).

Subsec. (c)(2). Pub. L. 98–89, §3(b)(2), substituted "having a certificate of inspection issued under part B of subtitle II of title 46 endorsed to show that the vessel complies with chapter 37 of title 46" for "certified under regulations of the Secretary of Transportation under section 391a of title 46".

Section Referred to in Other Sections

This section is referred to in section 10749 of this title.