Page:United States Statutes at Large Volume 54 Part 1.djvu/964

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PUBLIC LAWS-CH. 722-SEPT. 18, 1940 "Commission." "(b) The term 'Commission' means the Interstate Commerce Com- mission. "Water carrier." "(c) The term 'water carrier' means a common carrier by water or a contract carrier by water. "Commoncarrier "(d) The term 'common carrier by water' means any person which holds itself out to the general public to engage in the transportation by water in interstate or foreign commerce of passengers or property or Exception. any class or classes thereof for compensation, except transportation by Ante, p 8 water by an express company subject to part I in the conduct of its express business, which shall be considered to be and shall be regulated as transportation subject to part I. "Contractcarrierby "(e) The term 'contract carrier by water' means any person which, water." under individual contracts or agreements, engages in the transporta- tion (other than transportation referred to in paragraph (d) and the exception therein) by water of passengers or property in interstate or foreign commerce for compensation. Chartered, etc. , es- The furnishing for compensation (under a charter, lease, or other BeOs. agreement) of a vessel, to a person other than a carrier subject to this Act, to be used by the person to whom such vessel is furnished in the transportation of its own property, shall be considered to constitute, as to the vessel so furnished, engaging in transportation for compensa- tion by the person furnishing such vessel, within the meaning of the Exemption. foregoing definition of 'contract carrier by water'. Whenever the Commission, upon its own motion or upon application of any interested party, determines that the application of the preceding sentence to any person or class of persons is not necessary in order to effectuate the national transportation policy declared in this Act, it shall by order exempt such person or class of persons from the provisions of this part for such period of time as may be specified in such order. The Commission may by order revoke any such exemption whenever it shall find that the application of such sentence to the exempted person or class of persons is necessary in order to effectuate such national transportation policy. No such exemption shall be denied or revoked except after reasonable opportunity for hearing. "vessel" defined. "(f) The term 'vessel' means any watercraft or other artificial con- trivance of whatever description which is used, or is capable of being, or is intended to be, used as a means of transportation by water. facilitynsportaton "(g) The term 'transportation facility' includes any vessel, ware- house, wharf, pier, dock, yard, grounds, or any other instrumentality or equipment of any kind, used in or in connection with transportation by water subject to this part. "Transportation" "(h) The term 'transportation' includes the use of any transporta- tion facility (irrespective of ownership or of any contract, express or implied, for such use), and includes any and all services in or in con- nection with transportation, including the receipt, delivery, elevation, transfer in transit, refrigeration or icing, ventilation, storage, and handling of property transported or the interchange thereof with any other agency of transportation. eigntr'tatportftior "(i) The term 'interstate or foreign transportation' or 'transporta- or "transportation in tion in interstate or foreign commerce', as used in this part, means cnmterstae^. foreign transportation of persons or property- "(1) wholly by water from a place in a State to a place in any other State, whether or not such transportation takes place wholly in the United States; "(2) partly by water and partly by railroad or motor vehicle, from a place in a State to a place in any other State; except that with respect to such transportation taking place partly in the United States and partly outside thereof, such terms shall include transportation by railroad or motor vehicle only insofar 930 [54 STAT.