[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR788.11]

[Page 659]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 788_FORESTRY OR LOGGING OPERATIONS IN WHICH NOT MORE THAN EIGHT 
EMPLOYEES ARE EMPLOYED--Table of Contents
 
Sec. 788.11  ``Transporting [such] products to the mill, processing 
plant, railroad, or other transportation terminal.''

    The transportation or movement of logs or other forestry products to 
a ``mill processing plant, railroad, or other transportation terminal'' 
is among the described operations. Loading and unloading, when performed 
by employees employed in the named operations, are included as exempt 
operations. Loading logs or other forestry products onto railroad cars 
or other transportation facilities for further shipment if performed as 
part of the exempt transportation will be considered a step in the 
exempt transportation (Woods Lumber Co. v. Tobin, 199 F. 2d 455 
(C.A.5)). However, any other loading, transportation, or other 
activities performed in connection with the logs or other forestry 
products after they have been unloaded at one of the described 
destinations is not exempt. ``Other transportation terminal'' refers to 
any place where there are established facilities or equipment for the 
shipment or transportation of logs or other forestry products. Motor 
carrier yards, docks, wharves, or similar facilities are examples of 
other transportation terminals, but the place where logs are picked up 
by contract motor carriers or haulers at the site of the woods 
operations for transportation to the mill, processing plant, or railroad 
is not such a terminal.