Page:United States Statutes at Large Volume 92 Part 2.djvu/89

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PUBLIC LAW 95-000—MMMM. DD, 1978

PUBLIC LAW 95-473—OCT. 17, 1978

92 STAT. 1369

port 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 sec- Ante, p. 1337. tion on its own initiative or on application of an interested party. Proceeding, 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 exemp- Exemption tion is granted, the Commission shall issue a certificate of exemp- certificate. tion. The Commission may begin a proceeding under this subsection Proceeding, on its own initiative or on application of an interested party. (2) The Commission may revoke an exemption granted under this Revocation. subsection when it finds the water carrier is no longer- entitled to the exemption. If the exemption is revoked, the Conunission 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. SUBCHAPTER IV—FREIGHT FORWARDER SERVICE § 10561. General jurisdiction 49 USC 10561. (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. (b) The Commission does not have jurisdiction under subsection (a) of this section over service undertaken by a freight forwarder using transportation— (1) of an air carrier subject to chapter 20 of this title; or 49 USC 1301 et (2) by motor vehicle exempt under section 10526(a)(8) of this ^«^title. § 10562. Exempt freight forwarder service 49 USC 10562. The Interstate Commerce Commission does not have jurisdiction under this subchapter over— (1) service provided by, or under the direction of, a cooperative association (as defined by section 1141j (a) of title 12) or by a federation of cooperative associations if the federation 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: