Page:United States Statutes at Large Volume 92 Part 2.djvu/85

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PUBLIC LAW 95-000—MMMM. DD, 1978

PUBLIC LAW 95-473—OCT. 17, 1978

92 STAT. 1365

tion between those places for the cooperative association or federation and its members during that fiscal year; (6) a motor vehicle carrying, for compensation, only property and that property consists of — (A) ordinary livestock; (B) agricultural or horticultural commodities (other than manufactured products thereof); (C) commodities listed as exempt in the Commodity List incorporated in ruling numbered 107, March 19, 1958, Bureau of Motor Carriers, Interstate Commerce Commission, other than frozen fruits, frozen berries, frozen vegetables, cocoa beans, coffee beans, tea, bananas, or hemp, or wool imported T from a foreign country, wool tops and noils, or wool waste .. (carded, spun, woven, or knitted); and (D) cooked or uncooked fish, whether breaded or not, or frozen or fresh shellfish, other than fish or shellfisli that have been treated for preserving, such as canned, smoked, pickled, spiced, corned, or kippered products; (7) a motor vehicle used only to distribute newspapers; (8) transportation by motor vehicle incidental to transportation by aircraft; or (9) the operation of a motor vehicle in a national park or national monument. (b) Except to the extent the Commission finds it necessary to exercise jurisdiction to carry out the transportation policy of section 10101 of this title, the Commission does not have jurisdiction under this sub- ^«*e. P- 1337. chapter over— (1) transportation provided entirely in a nuniicipality, iji contiguous municipalities, or in a zone that is adjacent to, and commercially a part of, the municipality or municipalities, except— (A) when the transportation is under common control, management, or arrangement for a continuous carriage or shipment to or from a place outside the municipality, municipalities, or zone; or (B) that in transporting passengers over a route between a place in a State and a place in another State, or between a place in a State and another place in the same State through another State, the transportation is exempt from the jurisdiction of the Commission only if the motor carrier operating the motor vehicle also is lawfully providing intrastate transportation of passengers over the entire route under the laws of each State through which the route runs; (2) transportation by motor vehicle provided casnally, occasionally, or reciprocally but not as a regular occupation or business, except when a broker or other person sells or offers for sale passenger transportation provided by a person authorized to transport passengers by motor vehicle under an application pending, or certificate or permit issued, under this subtitle; or (3) the emergency towing of an accidentally wrecked or disabled motor vehicle. SUBCHAPTER III—WATER CARRIER TRANSPORTATION §10541. General jurisdiction 49 USC 10541. (a) Subject to this chapter and other law, the Interstate Commerce Commission has jurisdiction over transportation insofar as water carriers are concerned—