cigarettes, or pipes shall not be permitted in any portion of the motor vehicle other than the smoking section required by subparagraph (1) of this paragraph.

(b) The provisions of paragraph (a) of this section shall not be construed to apply to charter operations performed by motor common carriers of passengers subject to part II of the Interstate Commerce Act.

(c) In the event of any unusual circumstances arising under paragraph (a) of this section, the operator (driver) of the motor vehicle involved (or other carrier employee) may exercise reasonable discretion to the extent permitted by the carrier, by making minor modifications in the special seating sections established by paragraph (a) of this section in order to assure the comfort of all passengers and the provisions of safe, adequate, and expeditious transportation service.

[36 F.R. 22579, Nov. 25, 1971]

NOTE: The provisions of this Part 1061 (effective Jan. 6, 1972) were postponed indefinitely at 36 F.R. 23803, Dec. 15, 1971.

PART 1062-SPECIAL REGULATIONS

FOR FOR-HIRE MOTOR CARRIERS ENGAGED IN THE TRANSPORTATION FOR RECYCLING OR REUSE OF "WASTE" PRODUCTS IN FURTHERANCE OF RECOGNIZED POLLUTION CONTROL PROGRAMS § 1062.1 Special procedures for for-hire motor carriers engaged in transportation for recycling or reuse of "waste" products in furtherance of recognized pollution control pro

grams.

(a) Scope of special rules. These special rules govern the filing and handling of applications seeking the right to operate pursuant to a special certificate of public convenience and necessity authorizing operations, in interstate or foreign commerce, by motor vehicle, over irregular routes, of "waste" products for recycling or reuse in furtherance of recognized pollution control programs, between all points in the United States (including Alaska and Hawaii), subject to certain terms, conditions, and restrictions set forth in the certificate embodied in paragraph (d) of this section.

(b) Applications for a special certificate. Motor carriers desiring to perform operations pursuant to the special certificate of public convenience and necessity set forth in paragraph (d) of this section must file with this Commission a sworn and notarized request (which may be in letter form) containing the following: (1) The name and address of the carrier's representative to whom inquiries may be made, (2) the designation of the carrier's statutory agent for service of process within each of the States in or through which operations are proposed to be conducted (Form BOC-3), (3) evidence of the carrier's insurance coverage (Forms BMC-90 and BMC-91) or a statement that such evidence is already on file at this Commission, (4) a copy of the carrier's tariff (in addition to the three copies filed with this Commission's Bureau of Traffic) pursuant to which the service authorized by these rules will be performed, which tariff must specify (i) the territory or points to be served, (ii) the specific commodities to be transported, and (iii) the rates to be charged (said tariff cannot be made effective for at least 30 days after the date such tariff is filed with this Commission unless special permission has been granted), (5) a statement that all State regulatory agencies in those States in or through which operations are proposed to be conducted have been notified of the carrier's application to become a party to the special certificate embodied in paragraph (d) of this section, (6) a statement describing the pollution control program or programs in which the carrier intends to participate, and (7) a statement demonstrating the applicant's fitness (including a demonstration of applicant's familiarity with the applicable safety requirements and statement of the proposed method of operation and equipment available for such service) to perform the involved service.

(c) Waiver of certain filing requirements. The filing of annual reports provided in section 220(a) of the Interstate Commerce Act is suspended as to the operations authorized in the special certificate set forth in paragraph (d) of this section.

(d) Certification. Appropriate acknowledgement letters will be issued to notify motor carriers that they have been

found eligible to operate pursuant to the special certificate of public convenience and necessity which reads as follows: SPECIAL CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY

[Ex Parte No. MC-85]

DESIGNATED MOTOR CARRIERS PARTICIPATING IN THE TRANSPORTATION OF "WASTE" PRODUCTS FOR RECYCLING OR REUSE IN FURTHERANCE OF RECOGNIZED POLLUTION CONTROL PROGRAMS At a General Session of the Interstate Commerce Commission, held at its office in Washington, D.C., on the 30th day of September 1971.

After due investigation, it appearing that the described carriers have complied with all applicable provisions of the Interstate Commerce Act, and the requirements, rules, and regulations prescribed thereunder, and, having complied with all the requirements established by the Commission in its report in Ex Parte No. MC-85, are, therefore, entitled to receive authority from this Commission to engage in transportation in interstate or foreign commerce as motor carriers; and the Commission so finding:

It is ordered, That the said carriers be, and they are hereby, granted this special certificate of public convenience and necessity as evidence of the authority of the holders to engage in transportation in interstate or foreign commerce as common carriers by motor vehicle; subject, however, to such terms, conditions, and limitations as are now, or may hereafter be, attached to the exercise of the privileges herein granted to the said carriers.

It is further ordered, And is made a condition of this certificate that the holders thereof shall render reasonably continuous and adequate service to the public in pursuance of the authority herein granted, and that failure so to do shall constitute sufficient grounds for suspension, change, or revocation of this certificate as to any such holder.

And it is further ordered, That the transportation service to be performed by the said carriers in interstate or foreign commerce shall be as follows:

Between all points as indicated in appropriately filed tariffs in the transportation of "waste" products for recycling or reuse in the furtherance of recognized pollution control programs.

TERMS, CONDITIONS, AND LIMITATIONS The authority granted herein to the extent that it duplicates any authority heretofore granted to or now held by the said participating carrier shall not be construed as conferring more than one operating right.

Any motor carrier holding a contract carrier permit authority in the transportation

of commodities similar to those authorized in the above-described certificate for any of the shippers participating in pertinent pollution control programs shall not be permitted to transport the involved commodities for the same shipper as a common carrier under the authority granted herein. The right of the Commission to impose in the future such terms, conditions, or limitations as may be necessary to insure that any participating carrier's operations conform to the requirements of the Interstate Commerce Act, including section 210 thereof, is hereby expressly reserved.

To the extent that any eligible holder of this special certificate also holds a certificate of registration issued by this Commission and would become ineligible to operate pursuant to that certificate of registration because of multi-State operations authorized by this special certificate, this special certificate will authorize the continuation of the registered operations pursuant to the same terms, conditions, or limitations embraced in the certificate of registration.

The authority granted herein does not authorize the transportation of newly manufactured commodities or commodities not in the recycling process in furtherance of a recognized pollution control program.

The authority granted herein shall not hereafter be severed by sale or otherwise. By the Commission. [SEAL]

ROBERT L. OSWALD, Secretary.

66-112-72-10

§ 1071.1

Oilfield equipment, Gulf States marshlands.

Contract carriers by water, insofar as they engage in leasing or chartering vessels for the purpose of transporting machinery, materials, supplies, and equipment incidental to, or used in, the construction, development, operation and maintenance of facilities for the discovery, development and production of natural gas and petroleum, to and from points in the marshland oilfields of Alabama, Florida, Mississippi, Louisiana and Texas be, and they are hereby, exempted from the requirements of Part III of the Interstate Commerce Act until the further order of the Commission.

§ 1071.2 Towage of floating objects.

Transportation by contract carriers of empty vessels to and from shipyards, floating objects such as derricks, dredges, tanks, caissons, pontoons, and other floating objects, other than logs and piling in rafts, of varying shapes, sizes, and drafts which are not designed or used for the carrying of passengers and property, is hereby exempted from the requirements of Part III of the Interstate Commerce Act until the further order of the Commission.

PART 1072-SMALL CRAFT; REMOVAL FROM STATUTORY EMPTION

Sec.

craft.

The term "small craft", as used in this part, means a vessel or vessels of not more than 100 tons carrying capacity or not more than 100 indicated horsepower, and the term "large craft", as used in this part, means a vessel or vessels of greater carrying capacity and power. § 1072.2 Application of Part III to certain transportation by small craft. The application of the provisions of Part III of the Interstate Commerce Act to transportation as described hereinafter by small craft is hereby declared necessary to carry out the national transportation policy declared in the act and the provisions of said part, except section 303 (g) insofar as that section applies to transportation by small craft, shall apply to (a) transportation of property by small craft by common carriers by water which are engaged also in the transportation of property partly by railroad or motor vehicle and partly by water under common control, management, or arrangement; (b) transportation of property by small craft by common or contract carriers by water which are engaged also in the transportation of property by large craft between common points or within a common territory; and (c) transportation of property by small craft by common or contract carriers by water which are engaged also in the transportation of passengers subject to the provisions of Part III of the act by vessels equipped to carry more than 16 passengers.

PARTS 1080-1089-FREIGHT FORWARDERS-GENERAL

PART 1080-CONTRACTS, FORWARDERS-MOTOR COMMON CARRIERS

Sec.

1080.1 Filing.

EX

1080.2

1080.3

1072.1 Definitions; small and large craft. 1072.2 Application of Part III to certain transportation by small craft.

AUTHORITY: The provisions of this Part 1072 issued under 54 Stat. 931, as amended, 933; 49 U.S.C. 903, 904.

SOURCE: The provisions of this Part 1072 appear at 32 F.R. 20061, Dec. 20, 1967, unless otherwise noted

Specifications.

Amendments.