Page:United States Statutes at Large Volume 54 Part 1.djvu/966

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PUBLIC LAWS-CH. 722-SEPT. 18 , 1940 Exclusion of certain noncompetitive trans- portation. Ante, pp. 899, 919. 47 Stat. 1425 . 46U.S.C.I843- 848; Supp. V, 8I 844- 848 Nonapplicabilty of designated provisions. Ante, p. 929. Ante, pp. 899,919. Transportation within a single harbor. Contiguos harbors Transportaton by smaln craft "(e) It is hereby declared to be the policy of Congress to exclude from the provisions of this part, in addition to the transportation otherwise excluded under this section, transportation by contract carriers by water which, by reason of the inherent nature of the commodities transported, their requirement of special equipment, or their shipment in bulk, is not actually and substantially competitive with transportation by any common carrier subject to this part or part I or part II. Upon application of a carrier, made in such man- ner and form as the Commission may by regulations prescribe, the Commission shall, subject to such reasonable conditions and limita- tions as the Commission may prescribe, by order exempt from the provisions of this part such of the transportation engaged in by such carrier as it finds necessary to carry out the policy above declared. A carrier (other than a carrier subject, at the time this part takes effect, to the provisions of the Intercoastal Shipping Act, 933, as amended) making such application prior to January 1, 1941, shall be exempt from the provisions of this part until a final deter- mination has been made upon such application if such carrier or a predecessor in interest was in bona fide operation as a contract carrier by water on January 1, 1940, over the route or routes or between the ports with respect to which application is made and has so operated since that time (or, if engaged in furnishing seasonal service only, was in bona fide operation during the seasonal period, prior to or including such date, for operations of the character in question) except, in either event, for interruptions of service over which such earner or its predecessor in interest had no control. "(f) Notwithstanding any provision of this section or of section 302, the provisions of this part shall not apply- "(1) to transportation by water by a carrier by railroad sub- ject to part I or by a motor carrier subject to part II, incidental to transportation subject to such parts, in the performance within terminal areas of transfer, collection, or delivery services, or in the performance of floatage, car ferry, lighterage, or towage; but such transportation shall be considered to be transportation sub- ject to part I when performed by such carrier by railroad, and transportation subject to part II when performed by such motor carrier. "(2) to transportation by water by any person (whether as agent or under a contractual arrangement) for a common carrier by railroad subject to part I, an express company subject to part I, a motor carrier subject to part II, or a water carrier subject to this part, in the performance within terminal areas of transfer, collection, or delivery services, or in the performance of floatage, car ferry, lighterage, or towage; but such transportation shall be considered to be performed by such carrier or express company as part of, and shall be regulated in the same manner as, the transportation by railroad, express, motor vehicle, or water to which such services are incidental. "(g) Except to the extent that the Commission shall from time to time find, and by order declare, that such application is necessary to carry out the national transportation policy declared in this Act, the provisions of this part shall not apply (1) to transportation in interstate commerce by water solely within the limits of a single harbor or between places in contiguous harbors, when such transpor- tation is not a part of a continuous through movement under a common control, management, or arrangement to or from a place without the limits of any such harbor or harbors, or (2) to transpor- tation by small craft of not more than one hundred tons carrying capacity or not more than one hundred indicated horsepower, or to 932 [54 STAT.