Public Law 87-247 An Act To amend section 17 of the Interstate Commerce Act so as to authorize the delegation of certain duties to employee boards. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That paragraph (5) of section 17 of the Interstate Commerce Act (49 U.S.C. 17(5)) is amended by adding at the end thereof the following new sentence: "When deemed by the Commission to be appropriate for the efficient and orderly conduct of its business, it may authorize duly designated employee boards to perform, under this paragraph, functions of the same character as those which may be performed thereunder by duly designated divisions." Approved September 14, 1961. Interstate Com- 87th Congress, S. 1368 An Act 75 STAT. 522. To amend the Shipping Act, 1916, to provide for licensing independent ocean freight forwarders, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the first sec- Shipping Act, tion of the Shipping Act, 1916 (46 U.S.C. 801), is amended by adding 1916, amendment. at the end thereof the following new paragraphs: "The term 'carrying on the business of forwarding' means the dispatching of shipments by any person on behalf of others, by oceangoing common carriers in commerce from the United States, its Territories, or possessions to foreign countries, or between the United States and its Territories or possessions, or between such Territories and possessions, and handling the formalities incident to such ship ments. "An 'independent ocean freight forwarder' is a person carrying on the business of forwarding for a consideration who is not a shipper or consignee or a seller or purchaser of shipments to foreign countries, nor has any beneficial interest therein, nor directly or indirectly controls or is controlled by such shipper or consignee or by any person having such a beneficial interest."" Ocean freight Definitions. SEC. 2. The Shipping Act, 1916, is further amended by redesignat- 40 Stat. 903. ing section 44 as section 45, and inserting immediately after section 46 USC 842. 48 the following new section: "SEC. 44. (a) No person shall engage in carrying on the business Licenses. of forwarding as defined in this Act unless such person holds a license issued by the Federal Maritime Commission to engage in such business: Provided, however, That a person whose primary business is the sale of merchandise may dispatch shipments of such merchandise without a license. "(b) A forwarder's license shall be issued to any qualified applicant Issuance. therefor if it is found by the Commission that the applicant is, or will be, an independent ocean freight forwarder as defined in this Act and is fit, willing, and able properly to carry on the business of forwarding and to conform to the provisions of this Act and the requirements, rules, and regulations of the Commission issued thereunder, and that the proposed forwarding business is, or will be, consistent with the national maritime policies declared in the Merchant Marine Act, 1936; otherwise such application shall be denied. Any 49 Stat. 1985. independent ocean freight forwarder who, on the effective date of this 46 USC 1245. Act, is carrying on the business of forwarding under a registration number issued by the Commission may continue such business for a period of one hundred and twenty days thereafter without a license, and if application for such license is made within such period, such forwarder may, under such regulations as the Commission shall prescribe, continue such business until otherwise ordered by the Commission. "(c) The Commission shall prescribe reasonable rules and regula- Conditions. tions to be observed by independent ocean freight forwarders and no such license shall be issued or remain in force unless such forwarder shall have furnished a bond or other security approved by the Commission in such form and amount as in the opinion of the Commission will insure financial responsibility and the supply of the services in accordance with contracts, agreements, or arrangements therefor. "(d) Licenses shall be effective from the date specified therein, and shall remain in effect until suspended or terminated as herein provided. Any such license may, upon application of the holder thereof, in the discretion of the Commission, be amended or revoked, in whole or in 75 STAT. 523. Compensation of licensees. Separate compensation. part, or may upon complaint, or on the Commission's own initiative, after notice and hearing, be suspended or revoked for willful failure to comply with any provision of this Act, or with any lawful order, rule, or regulation of the Commission promulgated thereunder. "(e) A common carrier by water may compensate a person carrying on the business of forwarding to the extent of the value rendered such carrier in connection with any shipment dispatched on behalf of others when, and only when, such person is licensed hereunder and has performed with respect to such shipment the solicitation and securing of the cargo for the ship or the booking of, or otherwise arranging for space for, such cargo, and at least two of the following services: "(1) The coordination of the movement of the cargo to shipside; "(2) The preparation and processing of the ocean bill of lading; "(3) The preparation and processing of dock receipts or delivery orders; "(4) The preparation and processing of consular documents or export declarations; "(5) The payment of the ocean freight charges on such ship ments: Provided, however, That where a common carrier by water has paid, or has incurred an obligation to pay, either to an ocean freight broker or freight forwarder, separate compensation for the solicitation or securing of cargo for the ship or the booking of, or otherwise arranging for space for, such cargo, then such carrier shall not be obligated to pay additional compensation for any other forwarding services rendered on the same cargo. Before any such compensation is paid to or received by any person carrying on the business of forwarding, such person shall, if he is qualified under the provisions of this paragraph to receive such compensation, certify in writing to the common carrier by water by which the shipment was dispatched that he is licensed by the Federal Maritime Commission as an independent ocean freight forwarder and that he performed the above specified services with respect to such shipment. Such carrier shall be entitled to rely on such certification unless it knows that the certification is incorrect." Approved September 19, 1961. To authorize the Philadelphia, Baltimore, and Washington Railroad Company to construct, maintain, and operate branch sidings over First Street Southwest in the District of Columbia. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Philadel- D. C. phia, Baltimore, and Washington Railroad Company is hereby Railroad authorized to construct, maintain, and operate at grade two branch sidings. sidings from its present tracks in square 607 over First Street to square 663 between S and T Streets Southwest, Washington, District of Columbia. Such sidings shall be constructed in accordance with plans approved by the Commissioners of the District of Columbia. SEC. 2. Congress reserves the right to alter, amend, or repeal this Act. Approved September 26, 1961. Authorizing the National Capital Transportation Agency to carry out part 1 of its transit development program and to further the objectives of the Act approved July 14, 1960 (74 Stat. 537). Whereas the National Capital Transportation Agency on July 31, 1961, transmitted to the Congress, pursuant to section 204 (c) of the National Capital Transportation Act of 1960 (74 Stat. 537), a report 40 USC 651 entitled "Report on Part One of the Transit Development Program, note. July 1961"; and Whereas part 1 of the transit development program provides for acquisition by the National Capital Transportation Agency of land for future express transit service in conjunction with the development of certain new highways and parkways in the National Capital region: Be it enacted by the Senate and House of Representatives of the eto., authority. United States of America in Congress assembled, That for the purpose National Capital of enabling the National Capital Transportation Agency to carry out Transportation that part of its transit development program described in its report Agency. entitled "Report on Part One of the Transit Development Program, Land acquisition, July 1961", transmitted to the Congress on July 31, 1961, pursuant to the provisions of subsection (c) of section 204 of the National Capital 40 USC 664. Transportation Act of 1960, the National Capital Transportation Agency is hereby authorized, subject to the provisions of such Act, to acquire, or enter into agreements for the acquisition or use of, facilities, property, and rights-of-way for express transit: (1) in the center median area and elsewhere in, adjacent to, or in conjunction with (A) Interstate Route 66 in Fairfax County and Arlington County, Virginia; and (B) Interstate Route 95 in Prince Georges County, Maryland; (2) adjacent to, or in conjunction with (A) the George Washington Memorial Parkway; (B) the Little Falls Branch Parkway from the George Washington Memorial Parkway to the vicinity of Massachusetts Avenue; (C) the Parkway Spur through the Cabin John Valley from Cabin John to the Capital Beltway; and (D) the Capital Beltway from the George Washington Memorial Parkway to the vicinity of Bradley Boulevard, all in Montgomery County, Maryland: Provided, That the Agency is further authorized to carry out, as part Construction. of part 1 of its transit development program, such construction in connection with the land acquisition projects provided for herein, as must necessarily be undertaken at the time the aforesaid highways and parkways are constructed: Provided further, That the authority granted the Agency under subparagraph (2) above shall in no way diminish the powers of the Secretary of the Interior under other Federal laws. Approved October 4, 1961. |