That this section shall not apply to merchandise transported between points within the continental United States, including Alaska, over through routes heretofore or hereafter recognized by the Interstate Commerce Commission for which routes rate tariffs have been or shall hereafter be filed with said Commission when such routes are in part over Canadian rail lines and their own or other connecting water facilities: Provided further, That this section shall not become effective upon the Yukon River until the Alaska Railroad shall be com Sec. 27 Provision not through route Commission. 72 Stat.,351. to apply over recognized by Application to Yukon River delayed. 2016. 49 Stat. 154. Traffic on railroad car ferries pleted and the Shipping Board shall find that proper 49 Stat. 1987, facilities will be furnished for transportation by persons citizens of the United States for properly handling the traffic: Provided further, That this section shall not apply to the transportation of merchandise loaded on railroad cars or to motor vehicles with or without trailers, and with their passengers or contents when accompanied by the operator thereof, when such railroad cars or motor vehicles are transported in any railroad-carferry operated between fixed termini on the Great Lakes as a part of a rail route, if such car ferry is owned by a common carrier by water and operated as part of a rail route with the approval of the Interstate Commerce Commission, and if the stock of such common carrier by water, or its predecessor, was owned or controlled by a common carrier by rail prior to June 5, 1920, and if the stock of the common carrier owning such car ferry is, with the approval of the Interstate Commerce Commission, now owned or controlled by any common carrier by rail and if such car ferry is built in and documented under the laws of the United States. NOTE. Transfer of functions, see note to § 8, above. By § 27(b) of the act of July 7, 1958, admitting the State of Alaska into Statehood, it is provided: "Nothing contained in this or any other Act shall be construed as depriving the Federal Maritime Board of the exclusive jurisdiction heretofore conferred on it over common carriers engaged in transportation by water between any port in the State of Alaska and other ports in the United States, its Territories or possessions, or as conferring upon the Interstate Commerce Commission jurisdiction over transportation by water between any such ports." By act of Sept. 2, 1958, § 27 is amended by addition of § 27A, 72 Stat. 1736, 1737. The new section further defines a "citizen" and specifies that no vessel owned by any such corporation shall engage in fisheries or transportation of merchandise or passengers for hire between points in the United States, Territories, districts, Bec. 28 Restriction on lower rail charges for transportation from foreign countries by water carriers. 41 Stat. 999. By American vessels excepted. possessions, embraced within the coastwise laws, except as a service for a parent or subsidiary corporation and except when such vessel is under demise or bareboat charter at prevailing rates for use otherwise than in domestic noncontiguous trades from any such corporation to a common or contract carrier subject to Part III of the Interstate Commerce Act, which otherwise qualifies as a citizen under § 2 of the Shipping Act, 1916, 46 U. S. C. § 802, and which is not connected, directly or indirectly, by way of ownership or control with such corporation. "Parent" is also defined. SEC. 28. June 5, 1920.] [46 U.S. C. § 884.] That no common carrier shall charge, collect, or receive, for transportation subject to the Interstate Commerce Act of persons or property, under any joint rate, fare, or charge, or under any export, import, or other proportional rate, fare, or charge, which is based in whole or in part on the fact that the persons or property affected thereby is to be transported to, or has been transported from, any port in a possession or dependency of the United States, or in a foreign country, by a carrier by water in foreign commerce, any lower rate, fare, or charge than that charged, collected, or received by it for the transportation of persons, or of a like kind of property, for the same distance, in the same direction, and over the same route, in connection with commerce wholly within the United States, unless the vessel so transporting such persons or property is, or unless it was at the time of such transportation by water, documented under the laws of the United States. Whenever the board is of the opinion, however, that adequate shipping facilities to or from any port in a possession or dependency of the United States or a foreign country are not afforded by vessels so documented, it shall certify this fact to the Interstate Commerce Commission, and the Commission may, by order, suspend the operation of the provisions of this section with respect to the rates, fares, and charges for the transportation by rail of persons and property transported from, or to be transported, to such ports, for such length of time and under such terms and conditions as it may prescribe in such order, or in any order supplemental thereto. Such suspension of operation of the provisions of this section by Commission, may be terminated by order of the Commission whenever the board is of the opinion that adequate shipping fa 49 Stat. 1987, 2016. Suspension by Commission if no adequate facilities afforded by American vessels. Termination, when facilities afforded. cilities by such vessels to such ports are afforded and shall so certify to the Commission. Sec. 38 See note to § 8, above. TERRITORIES AND INSULAR POSSESSIONS Title 48. Chapter 4, U. S. Code PUERTO RICO SEC. 38. [March 2, 1917, March 4, 1927, May 17, 1932.] [48 U. S. C. § 751.] The Interstate Commerce Act and the several amendments made or to be made thereto, the Safety Appliance Acts and the several amendments made or to be made thereto, and the Act of Congress entitled "An Act to amend an Act entitled 'An Act to regulate commerce,' approved February 4, 1887, and all Acts amendatory thereof, by providing for a valuation of the several classes of property of carriers subject thereto and securing information concerning their stocks, bonds, and other securities," approved March 1, 1913, shall not apply to Puerto Rico. FEDERAL EXPLOSIVES ACT Chapter 8-Title 50 SEC. 123. TRANSPORTATION. See the Act, following section 835, Explosives and Com bustibles, Title 18, supra. 39 Stat. 964. 47 Stat. 158. 44 Stat. 1421. INDEX ABBREVIATIONS Acc. R.-Accident Reports Act Bank. Act-Bankruptcy Act Corp. Reorg.-Corporate Reorganizations Exp. Act-Expediting Act Explosives and Combustibles-18 U. S. C. §. Fair LS-Fair Labor Standards Act H-S Res. Hoch-Smith Resolution HS-Hours of Service Act Imm. W.-Immunity of Witnesses Inland W.-Inland Waterways Transportation Act Judiciary and Judicial Procedure-28 U. S. C. § NTP-National Transportation Policy R.R. Tax-Railroad Retirement Tax Act R. Unemp.-Railroad Unemployment Insurance Act Ry. Mail-Railway Mail Service Pay Reorganization-Bank. Act ABANDONMENT: See Convenience and Necessity; Refused Shipments; ABSORPTION OF CHARGES: Rail charges, by water carrier, § 1 ACCESS: See Accounts; Inspection; Records ACCIDENTS: See also Security for Protection Damage suits, accident reports not used in, § 220 (f); Loco. I., § 8, 45 Hours of Service Act, unavoidable, § 3, 45 U. S. C. § 63_. 172, 403, 407 410 427 |