by vessels of ports adequate to care for the freight which would naturally pass through such ports: Provided, That if after such investigation the board shall be of the opinion that rates, charges, rules, or regulations of common carriers by rail subject to the jurisdiction of the Interstate Commerce Commission are detrimental to the declared object of this section, or that new rates, charges, rules, or regulations, new or additional port terminal facilities, or affirmative action on the part of such common carriers by rail is necessary to promote the objects of this section, the board may submit its findings to the Interstate Commerce Commission for such action as such Commission may consider proper under existing law. * NOTE.-Functions of the Shipping Board were transferred to the Maritime Commission, followed by Reorganization Plan No. 21, of 1950, which abolished the Maritime Commission, and established in the Department of Commerce the Federal Maritime Board, and a Maritime Administration, headed by a Maritime Administrator. 15 F. R. 3178, May 25, 1950. SEC. 19. [46 U. S. C., § 876.] (1) The board is authorized and directed in aid of the accomplishment of the purposes of this Act Secs. 8-19 Findings as to rail rates to be detrimental submitted to Commission for action. 41 Stat. 995. 2016. 49 Stat. 1987, Board may fication, etc., rules. request modi of established (c) To request the head of any department, board, bureau, or agency of the Government to suspend, modify, or annul rules or regulations which have been established by such department, board, bureau, or agency, or to make new rules or regulations affecting shipping in the foreign trade other than such rules or regulations relating to the Public Health Service, the Consular Service, and the Steamboat Inspection Service. (2) No rule or regulation shall hereafter be estab- Rules affecting lished by any department, board, bureau, or agency of foreign shipthe Government which affects shipping in the foreign. trade, except rules or regulations affecting the Public Health Service, the Consular Service, and the Steamboat Inspection Service, until such rule or regulation has been submitted to the board for its approval and final action. has been taken thereon by the board or the President. (3) Whenever the head of any department, board, bureau, or agency of the Government refuses to suspend, modify, or annul any rule or regulation, or make a new rule or regulation upon request of the board, as provided ping. Disagreements, the President. submitted to Secs. 19-27 Merchandise transported in in subdivision (c) of paragraph (1) of this section, or objects to the decision of the board in respect to the approval of any rule or regulation, as provided in paragraph (2) of this section, either the board or the head of the department, board, bureau, or agency which has established or is attempting to establish the rule or regulation in question may submit the facts to the President, who is hereby authorized to establish or suspend, modify, or annul such rule or regulation. (4) No rule or regulation shall be established which in any manner gives vessels owned by the United States any preference or favor over those vessels documented under the laws of the United States and owned by persons who are citizens of the United States. NOTE. Comparable provisions, part III, Interstate Commerce Act, § 303 (i); Inland Waterways Transportation, § 3 (f). 49 U. S. C., § 153 (f). See also note of § 8, above. SEC. 27. [June 5, coastwise trade [46 U. S. C., § 883.] in other than American vesseis to be forfeited. 41 Stat. 999. 49 Stat. 442. Vessels sold foreign barred. 1920, April 11, 1935, July 2, 1935.] That no merchandise shall be transported by water, or by land and water, on penalty of forfeiture thereof, between points in the United States, including Districts, Territories, and possessions thereof embraced within the coast wise laws, either directly or via a foreign port, or for any part of the transportation, in any other vessel than a vessel built in and documented under the laws of the United States and owned by persons who are citizens of the United States, or vessels to which the privilege of engaging in the coastwise trade is extended by sections 18 or 22 of this Act: Provided, That no vessel having at any time acquired the lawful right to engage in the coastwise trade, either by virtue of having been built in, or documented under the laws of the United States, and later sold foreign in whole or in part, or placed under foreign registry, shall hereafter acquire the right to engage in the coast wise trade: Provided further, That this section shall not apply to merchandise through routes transported between points within the continental United States, excluding 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, Provision not to apply over recognized by Commission. Secs. 27-28 Application to Yukon River delayed. 49 Stat. 1987, 2016. 49 Stat. 154. That this section shall not become effective upon the NOTE.-Transfer of functions, see note to § 8, above. Traffic on railroad car ferries Restriction on charges for transportation from foreign countries by water carriers. 41 Stat. 999. SEC. 28. [June 5, 1920.] [46 U. S. C., § 884.] That no lower rail 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 ade- 49 Stat. 1987, By American vessels ex cepted. 2016. Sec. 38 Suspension by Commission if no adequate facilities afforded by American vessels. quate 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 facilities by such vessels to such ports are afforded and shall so certify to the Commission. Termination, when facili ties afforded. 39 Stat. 964. 44 Stat. 1421. 47 Stat. 158. See note to § 8, above. TERRITORIES AND INSULAR 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. INDEX ABBREVIATIONS Acc. R.-Accident Reports Act A-T-Antitrust Act Bank. Act-Bankruptcy Act Corp. Reorg.-Corporate Reorganizations - Criminal Code, 18 U. S. C. §- 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 RRA-Railroad Retirement Act R. Tax-Carriers Taxing Act R. Unemp.-Railroad Unemployment Insurance Act Ry. Mail-Railway Mail Service Pay RFC-Reconstruction Finance Corp. Act Reorganization-Bank. Act SA-Safety Appliance Acts ST-Standard Time Act Transportation of Explosives Act-18 U. S. C. §- A ABANDONMENT: See Convenience and Necessity; Refused Shipments; Page ABSORPTION OF CHARGES: Rail charges, by water carriers, § 1 4 ACCESS: See Accounts; Inspection; Records Damage suits, accident reports not used in, § 220 (f); Loco. I., § 8, 45 157, 383, 387 |