Page:United States Statutes at Large Volume 54 Part 1.djvu/965

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54 STAT.] 76TH CONG., 3D SESS.-CH. 722-SEPT. 18 , 1940 as it takes place within the United States, and shall include transportation by water only insofar as it takes place from a place in the United States to another place in the United States; "(3) wholly by water, or partly by water and partly by rail- road or motor vehicle, from or to a place in the United States to or from a place outside the United States, but only (A) insofar as such transportation by rail or by motor vehicle takes place within the United States, and (B) in the case of a movement to a place outside the United States, only insofar as such transporta- tion by water takes place from any place in the United States to any other place therein prior to transshipment at a place within the United States for movement to a place outside thereof and, in the case of a movement from a place outside the United States, only insofar as such transportation by water takes place from any place in the United States to any other place therein after transshipment at a place within the United States in a move- ment from a place outside thereof. "(j) The term 'United States' means the States of the United States and the District of Columbia. "(k) The term 'State' means a State of the United States or the District of Columbia. "(1) The term 'common carrier by railroad' means a common carrier by railroad subject to the provisions of part I. "(m) The term 'common carrier by motor vehicle' means a com- mon carrier by motor vehicle subject to the provisions of part II. "APPLICATION OF PROVISIONS; EXEMTIONS "SEC. 303 . (a) In the case of transportation which is subject both to this part and part I, the provisions of part I shall apply only to the extent that part I imposes, with respect to such transportation, requirements not imposed by the provisions of this part. "(b) Nothing in this part shall apply to the transportation by a water carrier of commodities in bulk when the cargo space of the vessel in which such commodities are transported is being used for the carrying of not more than three such commodities. This subsection shall apply only in the case of commodities in bulk which are (in accordance with the existing custom of the trade in the handling and transportation of such commodities as of June 1, 1939) loaded and carried without wrappers or containers and received and delivered by the carrier without transportation mark or count. For the pur- poses of this subsection two or more vessels while navigated as a unit shall be considered to be a single vessel. This subsection shall not apply to transportation subject, at the time this part takes effect, to the provisions of the Intercoastal Shipping Act, 1933, as amended. "(c) Nothing in this part shall apply to transportation by a con- tract carrier by water of commodities in bulk in a non-ocean-going vessel on a normal voyage during which (1) the cargo space of such vessel is used for the carrying of not more than three such commodi- ties, and (2) such vessel passes within or through waters which are made international for navigation purposes by any treaty to which the United States is a party. " (d) Nothing in this part shall apply to the transportation by water of liquid cargoes in bulk in tank vessels designed for use exclusively in such service and certified under regulations approved by the Secretary of Commerce pursuant to the provisions of section 4417a of the Revised Statutes (U. S. C., 1934 edition, Supp. IV, title 46, sec. 391a). 931 " United States. " "State." "Common carrier by railroad." Ante, p. 899. "Common carrier by motor vehicle." Ante, p. 919. Application of pro- visions. Ante, p. 899. Commodities in bulk. Vessels while nali- gatdl as annit. 47 Stat. 1425 . 46 IT.. C. i 84:- 848; Supp. V, 844 - 848. Non-ocean -going vessel. International waters. Tank vessels. 49 Stat. 1889. 46 U. S. C ., Supp.V, 391a.