§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, 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 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 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 App. U.S.C. 801 et seq.) or the Intercoastal Shipping Act, 1933 (46 App. U.S.C. 843 et seq.).
(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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10544(a) | 49:903(g). | Feb. 4, 1887, ch. 104, |
| 10544(b) | 49:903(e)(1). | Feb. 4, 1887, ch. 104, |
| 10544(c) | 49:903(e)(2) (less last sentence). | |
| 10544(d) | 49:903(e)(3). | Feb. 4, 1887, ch. 104, |
| 10544(e) | 49:902(e) (3d–5th sentences). | Feb. 4, 1887, ch. 104, |
| 10544(f) | 49:903(h). |
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.
Pub. L. 96–258
This amends section 10544(d)(1) to make a technical change to conform to the source provision.
Pub. L. 98–216
This is necessary to conform an amendment made by section 5(g)(2) and (5) of the Act of January 12, 1983 (
References in Text
The Shipping Act, 1916, referred to in subsec. (d)(1)(B), is act Sept. 7, 1916, ch. 451,
The Intercoastal Shipping Act, 1933, referred to in subsec. (d)(1)(B), is act Mar. 3, 1933, ch. 199,
Amendments
1994-Subsec. (d)(1)(B).
1984-Subsec. (d)(1)(B).
1983-Subsec. (d)(1)(B).
1980-Subsec. (d)(1).
Effective Date of 1980 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in section 10929 of this title.