§10561. General jurisdiction

(a) Subject to this chapter and other law, the Interstate Commerce Commission has jurisdiction over service that a household goods 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.

(b) The Commission does not have jurisdiction under subsection (a) of this section over service undertaken by a household goods freight forwarder using transportation-

(1) of an air carrier subject to part A of subtitle VII of this title; or

(2) by motor vehicle exempt under section 10526(a)(8) of this title.

( Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1369 ; Pub. L. 99–521, §6(c), Oct. 22, 1986, 100 Stat. 2994 ; Pub. L. 103–272, §5(m)(20), July 5, 1994, 108 Stat. 1377 .)

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 substituted for "any person . . . as a freight forwarder" to eliminate 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are substituted for "air carrier subject to the Civil Aeronautics Act of 1938, as amended" because the 1938 Act was repealed and replaced by the Federal Aviation Act of 1958, and the 1958 act is included in the United States Code as chapter 20 of title 49.

Amendments

1994-Subsec. (b)(1). Pub. L. 103–272 substituted "part A of subtitle VII" for "chapter 20".

1986-Pub. L. 99–521 inserted "household goods" before "freight forwarder" in two places.

Effective Date of 1986 Amendment

Amendment by Pub. L. 99–521 effective 60 days after Oct. 22, 1986, see section 15 of Pub. L. 99–521, set out as a note under section 10102 of this title.