29 C.F.R. § 776.29 Instrumentalities and Channels of Interstate Commerce
Library | Code of Federal Regulations |
Edition | 2023 |
Currency | Current through October 31, 2023 |
(a)
(b)
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(1) An instrumentality of interstate commerce
need not stretch across State lines but may operate within a particular State
as a link in a chain or system of conduits through which interstate commerce
moves.
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(2) The
term instrumentality of interstate commerce may refer to one unit or the entire
chain of facilities. An instrumentality such as a railroad constitutes a system
or network of facilities by which the interstate movement of goods and persons
is accomplished. Each segment of the network is integrally connected with the
whole and must be viewed as part of the system as a whole, not as an isolated
local unit.
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(3) A construction
project which changes the interstate system as a whole, or any of its units
would have a direct bearing on the flow of interstate commerce throughout the
network. Thus, the new construction of an alternate route or an additional unit
which alters the system or any segment of it, would have such a direct and
vital relationship to the functioning of the instrumentality of interstate
commerce as to be, in practical effect, a part of such commerce rather than
isolated local activity. For example, such construction as the maintenance
repair, replacement, expansion, enlargement, extension, reconstruction,
redesigning, or other improvement, of a railroad system as a whole, or of any
part of it, would have a close and intimate relationship with the movement of
goods and persons across State lines. All such construction, therefore, is
subject to the Act.
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(4) The same
would be true with respect to other systems of interstate transportation or
communication such as roads, waterways, airports, pipe, gas and electric lines,
and ship, bus, truck, telephone and broadcasting facilities. Consequently,
construction projects for lengthening, widening, deepening, relocating,
redesigning, replacing and adding new, substitute or alternate facilities;
shortening or straightening routes or lines; providing cutoffs, tunnels,
trestles, causeways, overpasses, underpasses and bypasses are subject to the
Act. Furthermore, the fact that such construction serves another purpose as
well as the improvement of the interstate facility, or that the improvement to
the interstate facility was incidental to other non-covered work, would not
exclude it from the Act's coverage.
(c)
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