Jones Act Text

Jones Act Text

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Jones Act Text

TITLE 46, APPENDIX–SHIPPING

CHAPTER 24–MERCHANT MARINE ACT, 1920



Sec. 883. Transportation of merchandise between points in United



States in other than domestic built or rebuilt and documented



vessels; incineration of hazardous waste at sea





No merchandise, including merchandise owned by the United States



Government, a State (as defined in section 2101 of the 1 title 46), or



a subdivision of a State, shall be transported by water, or by land and



water, on penalty of forfeiture of the merchandise (or a monetary amount



up to the value thereof as determined by the Secretary of the Treasury,



or the actual cost of the transportation, whichever is greater, to be



recovered from any consignor, seller, owner, importer, consignee, agent,



or other person or persons so transporting or causing said merchandise



to be transported), between points in the United States, including



Districts, Territories, and possessions thereof embraced within the



coastwise 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 section 808 of this



Appendix or section 22 2 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 coastwise trade: Provided further, That no vessel which



has acquired the lawful right to engage in the coastwise trade, by



virtue of having been built in or documented under the laws of the



United States, and which has later been rebuilt shall have the right



thereafter to engage in the coastwise trade, unless the entire



rebuilding, including the construction of any major components of the



hull or superstructure of the vessel, is effected within the United



States, its territories (not including trust territories), or its



possessions:



Provided further, 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 completed and the Secretary of Transportation shall find that



proper 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 car ferry 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: Provided



further, That upon such terms and conditions as the Secretary of the



Treasury by regulation may prescribe, and, if the transporting vessel is



of foreign registry, upon a finding by the Secretary of the Treasury,



pursuant to information obtained and furnished by the Secretary of



State, that the government of the nation of registry extends reciprocal



privileges to vessels of the United States, this section shall not apply



to the transportation by vessels of the United States not qualified to



engage in the coastwise trade, or by vessels of foreign registry, of (a)



empty cargo vans, empty lift vans, and empty shipping tanks, (b)



equipment for use with cargo vans, lift vans, or shipping tanks, (c)



empty barges specifically designed for carriage aboard a vessel and



equipment, excluding propulsion equipment, for use with such barges, and



(d) any empty instrument for international traffic exempted from



application of the customs laws by the Secretary of the Treasury



pursuant to the provisions of section 1322(a) of title 19, if the



articles described in clauses (a) through (d) are owned or leased by the



owner or operator of the transporting vessel and are transported for his



use in handling his cargo in foreign trade; and (e) stevedoring



equipment and material, if such equipment and material is owned or



leased by the owner or operator of the transporting vessel, or is owned



or leased by the stevedoring company contracting for the lading or



unlading of that vessel, and is transported without charge for use in



the handling of cargo in foreign trade:



Provided further, That upon such terms and conditions as the Secretary



of the Treasury by regulation may prescribe, and, if the transporting



vessel is of foreign registry, upon



his finding, pursuant to information furnished by the Secretary of



State, that the government of the nation of registry extends reciprocal



privileges to vessels of the United States, the Secretary of the



Treasury may suspend the application of this section to the



transportation of merchandise between points in the United States



(excluding transportation between the continental United States and



noncontiguous states, districts, territories, and possessions embraced



within the coastwise laws) which, while moving in the foreign trade of



the United States, is transferred from a non-self-propelled barge



certified by the owner or operator to be specifically designed for



carriage aboard a vessel and regularly carried aboard a vessel in



foreign trade to another such barge owned or leased by the same owner or



operator, without regard to whether any such barge is under foreign



registry or qualified to engage in the coastwise trade:



Provided further, That until April 1, 1984, and notwithstanding any other



provisions of this section, any vessel documented under the laws of the



United States and owned by persons who are citizens of the United States



may, when operated upon a voyage in foreign trade, transport merchandise



in cargo vans, lift vans, and shipping-tanks between points embraced



within the coastwise laws for transfer to or when transferred from



another vessel or vessels, so documented and owned, of the same operator



when the merchandise movement has either a foreign origin or a foreign



destination; but this proviso (1) shall apply only to vessels which that



same operator owned, chartered or contracted for the construction of



prior to November 16, 1979, and (2) shall not apply to movements between



points in the contiguous United States and points in Hawaii, Alaska, the



Commonwealth of Puerto Rico and United States territories and



possessions. For the purposes of this section, after December 31, 1983,



or after such time as an appropriate vessel has been constructed and



documented as a vessel of the United States, the transportation of



hazardous waste, as defined in section 6903(5) of title 42, from a point



in the United States for the purpose of the incineration at sea of that



waste shall be deemed to be transportation by water of merchandise



between points in the United States:



Provided, however, That the provisions of this sentence shall not apply to this



transportation when performed by a foreign-flag ocean incineration vessel, owned



by or under construction on May 1, 1982, for a corporation wholly owned by a citizen



of the United States; the term “citizen of the United States'', as used



in this proviso, means a corporation as defined in section 802(a) and



(b) of this Appendix. The incineration equipment on these vessels shall



meet all current United States Coast Guard and Environmental Protection



Agency standards. These vessels shall, in addition to any other



inspections by the flag state, be inspected by the United States Coast



Guard, including drydock inspections and internal examinations of tanks



and void spaces, as would be required of a vessel of the United States.



Satisfactory inspection shall be certified in writing by the Secretary



of Transportation. Such inspections may occur concurrently with any



inspections required by the flag state or subsequent to but no more than



one year after the initial issuance or the next scheduled issuance of



the Safety of Life at Sea Safety Construction Certificate. In making



such inspections, the Coast Guard shall refer to the conditions



established by the initial flag state certification as the basis for



evaluating the current condition of the hull and superstructure. The



Coast Guard shall allow the substitution of an equivalent fitting,



material, appliance, apparatus, or equipment other than that required



for vessels of the United States if the Coast Guard has been satisfied



that fitting, material, appliance, apparatus, or equipment is at least



as effective as that required for vessels of the United States 3



Provided further, That for the purposes of this section, supplies aboard



United States documented fish processing vessels, which are necessary



and used for the processing or assembling of fishery products aboard



such vessels, shall be considered ship's equipment and not merchandise:





Provided further, That for purposes of this section, the term



“merchandise'' includes valueless material:



Provided further, That this section applies to the transportation of valueless material or any



dredged material regardless of whether it has commercial value, from a



point or place in the United States or a point or place on the high seas



within the Exclusive Economic Zone as defined in the Presidential



Proclamation of March 10, 1983, to another point or place in the United



States or a point or place on the high seas within that Exclusive



Economic Zone:



Provided further, That the transportation of any platform



jacket in or on a launch barge between two points in the United States,



at one of which there is an installation or other device within the



meaning of section 1333(a) of title 43, shall not be deemed



transportation subject to this section if the launch barge has a launch



capacity of 12,000 long tons or more, was built as of June 7, 1988, and



is documented under the laws of the United States, and the platform



jacket cannot be transported on and launched from a launch barge of



lesser launch capacity that is identified by the Secretary of



Transportation and is available for such transportation.



—————————————————————————



1 So in original. The word “the'' probably should not appear.

2 See References in Text note below.

3 So in original. Probably should be followed by a colon.



—————————————————————————







(June 5, 1920, ch. 250, Sec. 27, 41 Stat. 999; Ex. Ord. No. 6166,



Sec. 12, eff. June 10, 1933; Apr. 11, 1935, ch. 58, 49 Stat. 154; July



2, 1935, ch. 355, 49 Stat. 442; June 29, 1936, ch. 858, title II,



Sec. 204, title IX, Sec. 904, 49 Stat. 1987, 2016; 1950 Reorg. Plan No.



21, Sec. 204, eff. May 24, 1950, 15 F.R. 3178, 64 Stat. 1276; July 14,



1956, ch. 600, Sec. 1, 70 Stat. 544; July 7, 1958, Pub. L. 85-508,



Sec. 27(a), 72 Stat. 351; July 5, 1960, Pub. L. 86-583, Sec. 1, 74 Stat.



321; Sept. 21, 1965, Pub. L. 89-194, 79 Stat. 823; Aug. 11, 1968, Pub.



L. 90-474, 82 Stat. 700; Nov. 23, 1971, Pub. L. 92-163, Sec. 1, 85 Stat.



486; Oct. 3, 1978, Pub. L. 95-410, title II, Sec. 213, 92 Stat. 904;



Nov. 16, 1979, Pub. L. 96-112, Sec. 4, 93 Stat. 848; Aug. 6, 1981, Pub.



L. 97-31, Sec. 12(49), 95 Stat. 157; Dec. 29, 1982, Pub. L. 97-389,



title V, Secs. 502, 504, 96 Stat. 1954, 1956; Jan. 11, 1988, Pub. L.



100-239, Sec. 6(c)(1), 101 Stat. 1782; June 7, 1988, Pub. L. 101-329,



Sec. 1(a), 102 Stat. 588; Nov. 4, 1992, Pub. L. 102-587, title V,



Sec. 5501(b), 106 Stat. 5085.)







References in Text



Section 22 of this Act, referred to in text, is section 22 of act

June 5, 1920, which was classified to section 13 of former Title 46,

Shipping, and was repealed by Pub. L. 100-710, title II, Sec. 202(4),

Nov. 23, 1988, 102 Stat. 4753.

The Presidential Proclamation of March 10, 1983, referred to in

text, is Proc. No. 5030, Mar. 10, 1983, 48 F.R. 10605, which is set out

as a note under section 1453 of Title 16, Conservation.





Prior Provisions



Provisions similar to those in this section were contained in act

Feb. 17, 1898, ch. 26, Sec. 1, 30 Stat. 248, which was classified to

section 290 of this Appendix.





Amendments





1992–Pub. L. 102-587, in first sentence, substituted “No



merchandise, including merchandise owned by the United States



Government, a State (as defined in section 2101 of the title 46), or a



subdivision of a State,'' for “No merchandise''.



1988–Pub. L. 100-329 inserted provision relating to alternate



determination of penalty as based on actual cost of the transportation,



and provisos defining term “merchandise'' to include valueless



material, making section applicable to valueless or dredged material,



and relating to transportation of any platform jacket in or on a launch



barge.



Pub. L. 100-239 struck out “of more than five hundred gross tons''



after “no vessel'' in second proviso.



1982–Pub. L. 97-389, Sec. 502, inserted provision relating to the



transportation of hazardous waste, the proviso thereto for foreign-flag



transport, and further provisions relating to standards for and the



inspection of vessels engaged in such transport.



Pub. L. 97-389, Sec. 504, inserted proviso defining supplies aboard



United States fish processing vessels used for fishery products



manufacture as ship's equipment.



1981–Pub. L. 97-31 in fourth proviso substituted “Secretary of



Transportation'' for “Secretary of Commerce''. For prior transfers of



functions, see Transfer of Functions note below.



1979–Pub. L. 96-112 inserted proviso that, until April 1, 1984, and



notwithstanding any other provisions of this section, any vessel



documented under the laws of the United States and owned by citizens of



the United States could, when operated upon a voyage in foreign trade,



transport merchandise in cargo vans, lift vans, and shipping-tanks



between points embraced within the coastwise laws for transfer to or



when transferred from another vessel or vessels, so documented and



owned, of the same operator when the merchandise movement had either a



foreign origin or a foreign destination, but that the proviso would



apply only to vessels which that same operator owned, chartered or



contracted for the construction of prior to Nov. 16, 1979, and would not



apply to movements between points in the contiguous United States and



points in Hawaii, Alaska, the Commonwealth of Puerto Rico and United



States territories and possessions.



1978–Pub. L. 95-410, in first sentence, substituted “forfeiture of



merchandise'' for “forfeiture thereof'' and inserted parenthetical text



for forfeiture of a monetary amount up to the value of the merchandise



as determined by the Secretary of the Treasury to be recovered from any



consignor, seller, owner, importer, consignee, agent, or other person or



persons transporting or causing the merchandise to be transported.



1971–Pub. L. 92-163 inserted “and equipment, excluding propulsion



equipment, for use with such barges'' after “(c) empty barges



specifically designed for carriage aboard a vessel'' and inserted



reciprocity proviso reciprocally permitting foreign-flag Specialty



barges, specifically designed and regularly carried aboard a barge



carrying ship in foreign trade to carry export or import cargo between



United States points which has been transferred from one such barge to



another.



1968–Pub. L. 90-474 in final proviso designated existing provisions



relating to empty cargo vans, empty lift vans, and empty shipping tanks



as cl. (a), added cls. (b) to (d), saved modifying provisions relating



to empty cargo vans, empty lift vans, and empty shipping tanks so as to



render them applicable to cls. (a) to (d), and added cl. (e).



1965–Pub. L. 89-194 inserted proviso that section should not apply



to the transportation of empty cargo vans, lift vans, and shipping tanks



by vessels of the United States not qualified to engage in the coastwise



trade of by vessels of foreign registry so long as such vans or tanks



are owned or leased by the owner or operator of the transporting vessels



and are being transported for use in the carriage of goods in foreign



trade.



1960–Pub. L. 86-583 prohibits the operation in the coastwise trade



of a rebuilt vessel unless the entire rebuilding, including the



construction of any major components of the hull and superstructure of



the vessel, is accomplished in the United States.



1958–Pub. L. 85-508 substituted “including Alaska'' for



“excluding Alaska''.



1956–Act July 14, 1956, inserted proviso to prohibit the operation



in coastwise trade of vessels of more than 500 gross tons which have



been rebuilt outside the United States.



1935–Act July 2, 1935, amended section generally.



Act Apr. 11, 1935, inserted fifth proviso.











Effective Date of 1988 Amendment







Section 6(c)(2) of Pub. L. 100-239 provided that: “Paragraph (1) of



this subsection [amending this section] does not apply to a vessel under



contract to be purchased or rebuilt entered into before July 28, 1987,



if that vessel is rebuilt before July 28, 1990.''











Effective Date of 1960 Amendment







Section 4 of Pub. L. 86-583 provided that: “This Act [amending this



section and section 883a of this Appendix] shall be effective from the



time of enactment [July 5, 1960] hereof: Provided, however, That no



vessel shall be deemed to have lost its coastwise privileges as a result



of the amendments made by this Act if it is rebuilt within the United



States, its Territories (not including trust territories), or its



possessions under a contract executed before such date of enactment and



if the work of rebuilding is commenced not later than twenty-four months



after such date of enactment.''











Effective Date of 1956 Amendment







Section 4 of act July 14, 1956, provided that: “This Act [amending



this section and enacting sections 883a and 883b of this Appendix] shall



be effective from the date of enactment [July 14, 1956] hereof:



Provided, however, That no vessel shall be deemed to have lost its



coastwise privileges hereunder if it is rebuilt under a contract entered



into before such date of enactment and if the work of rebuilding is



commenced not later than six months after such date of enactment.''











Repeals







For effect of subtitle IV (Sec. 10101 et seq.) of Title 49,



Transportation, see note set out preceding section 801 of this Appendix.







Transfer of Functions







Functions conferred upon Secretary of Commerce by provisions of



Reorg. Plan No. 21 of 1950 to remain vested in Secretary except to



extent inconsistent with sections 101(b) and 104(b) of Reorg. Plan No. 7



of 1961. See section 202 of Reorg. Plan No. 7 of 1961, set out under



section 1111 of this Appendix.



“Secretary of Commerce'' substituted in text for “United States



Maritime Commission'' on authority of Reorg. Plan No. 21 of 1950, set



out under section 1111 of this Appendix, section 306 of which abolished



United States Maritime Commission and section 204 of which transferred



to Secretary of Commerce such Commission's functions not transferred to



Federal Maritime Board.



Previously, “United States Maritime Commission'' substituted for



“Shipping Board''. For dissolution of Board and transfer of functions



to United States Maritime Commission, see Ex. Ord. No. 6166 and act June



29, 1936. Ex. Ord. No. 6166 is set out as a note under section 901 of



Title 5, Government Organization and Employees. Executive and



administrative functions of United States Maritime Commission



transferred to Chairman thereof by Reorg. Plan No. 6 of 1949, eff. Aug.



20, 1949, 14 F.R. 5228, 63 Stat. 1069, set out under section 1111 of



this Appendix.











Nonapplicability of Pub. L. 100-329 to Certain Vessels







Section 5501(c) of Pub. L. 102-587 provided that: “The Act of June



7, 1988 (Public Law 100-329; 102 Stat. 588) [amending this section and



section 316 of this Appendix, and enacting provisions set out above and



below], including the amendments made by that Act, does not apply to a



vessel–



“(1) engaged in the transportation of valueless material or



valueless dredged material; and



“(2) owned or chartered by a corporation that had on file with



the Secretary of Transportation on August 1, 1989, the certificate



specified in section 27A of the Merchant Marine Act, 1920 (46 App.



U.S.C. 883-1).''











Launch Barge Inventory; Purpose; Development, Maintenance, and Updating;



Contents; Publication of Initial and Current Inventory







Section 1(b) of Pub. L. 100-329 provided that:



“(1) For purposes of interpreting the proviso pertaining to



transportation of any platform jacket by launch barge, as added by



subsection (a) of this section to section 27 of the Merchant Marine Act,



1920 (46 App. U.S.C. 883), the Secretary of Transportation shall



develop, maintain, and periodically update an inventory of launch barges



with less than a launch capacity of 12,000 long tons that are qualified



to engage in the coastwise trade. Each launch barge listed on such



inventory shall be identified by its name, launch capacity, length,



beam, depth, and other distinguishing characteristics. For each such



launch barge, the name and address of the person to whom inquiries may



be made shall also be included on the inventory. A launch barge not



listed on such inventory shall be deemed not to be `a launch barge of



lesser launch capacity identified by the Secretary of Transportation'



within the meaning of such proviso to section 27 of the Merchant Marine



Act, 1920.



“(2) Not later than 15 days after the date of enactment of this Act



[June 7, 1988], the Secretary of Transportation shall publish in the



Federal Register an initial inventory of launch barges developed and



maintained in accordance with paragraph (1) of this subsection.



“(3) Not later than 60 days after the date of enactment of this Act



[June 7, 1988], and periodically thereafter, the Secretary shall publish



in the Federal Register a current inventory of launch barges developed,



maintained, and updated in accordance with paragraph (1) of this



subsection.''





Transportation of Municipal Sewage Sludge







Section 3 of Pub. L. 100-329 provided that: “Notwithstanding the



provisions of section 1 of this Act [amending this section and enacting



provisions set out as a note above], a vessel may transport municipal



sewage sludge if that vessel, regardless of where it was built, is



documented under the laws of the United States and, on the date of



enactment of this Act [June 7, 1988], that vessel–



“(1) is in use by a municipality for the transportation of sewage sludge; or



“(2) is under contract with a municipality for the transportation of sewage sludge.''





Vessel Under Contract With Municipality for Transportation of Sewage



Sludge: Applicability of Provisions







Section 4 of Pub. L. 100-329 provided that: “For purposes of the



first paragraph of section 805(a) of the Merchant Marine Act, 1936 (46



App. U.S.C. 1223(a)), a vessel described in section 3(2) of this Act



[set out as a note above] is not a vessel engaged in domestic



intercoastal or coastwise service, but the prohibitions in the second



paragraph apply to that vessel.''





Certificate of Documentation to Vessel Transporting Valueless Material



in Coastwise Trade, or Dredged Material, Whether or Not of Value;



Issuance, Endorsement, Etc.





Section 5 of Pub. L. 100-329 provided that: “Notwithstanding the



provisions of section 1 of this Act [amending this section and enacting



provisions set out as a note above], the Secretary of the department in



which the Coast Guard is operating may issue a certificate of



documentation under section 12106 of title 46, United States Code, to a



vessel that–



“(1) is engaged in transporting only valueless material in the



coastwise trade or transporting dredged material, whether or not of



value, (A) from a point or place on the high seas within the



Exclusive Economic Zone as defined in the Presidential Proclamation



of March 10, 1983 [16 U.S.C. 1453 note], to a point or place in the



United States or to another point or place on the high seas within



such Exclusive Economic Zone or (B) from a point or place within the



United States to a point or place on the high seas within such



Exclusive Economic Zone;



“(2) had a certificate of documentation issued under section



12105 of that title on October 1, 1987;



“(3) had been sold foreign or placed under a foreign registry



before that certificate was issued; and



“(4) was built in the United States;



except that such certificate of documentation shall be endorsed to



restrict the use of such vessel to the transportation of valueless



material in the coastwise trade, and to the transportation of dredged



material, whether or not of value, (i) from a point or place on the high



seas within such Exclusive Economic Zone to a point or place in the



United States or to another point or place on the high seas within such



Exclusive Economic Zone, or (ii) from a point or place within the United



States to a point or place on the high seas within such Exclusive



Economic Zone.''





Transportation of Merchandise or Passengers Within Alaska by Foreign



Built Hovercraft





Pub. L. 95-599, title I, Sec. 146, Nov. 6, 1978, 92 Stat. 2714,



provided that:



“(a) Effective during the five-year period beginning on the date of



enactment of this Act [Nov. 6, 1978], nothing in section 27 of the



Merchant Marine Act, 1920 [this section], or any other provision of law



restricting the coastwise trade to vessels of the United States shall



prohibit the transportation within the State of Alaska of merchandise or



passengers by foreign built hovercraft.



“(b) For the purpose of this section the term `hovercraft' means a



vehicle which travels over land or water in a cushion of air generated



by such vehicle.''





Report to Congress Regarding Effect of Reciprocity Provisions





Section 2 of Pub. L. 92-163 authorized the Secretary of the



Treasury, for a period of five years following Nov. 23, 1971, to make a



report at the beginning of each regular session to the Congress



regarding activities under Pub. L. 92-163, including but not limited to



the extent to which foreign governments are extending reciprocal



privileges to the vessels of the United States.





Regulations





Section 3 of Pub. L. 86-583 provided that: “The Secretary of the



Treasury shall prescribe such regulations as may be necessary to carry



out the purposes of this Act [amending sections 883 and 883a of this



Appendix].''









Admission of Alaska as State





Effectiveness of amendment of this section by Pub. L. 85-508 was



dependent upon the admission of Alaska into the Union under section 8(b)



of Pub. L. 85-508. Admission was accomplished Jan. 3, 1959, on issuance



of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required



by sections 1 and 8(c) of Pub. L. 85-508. See notes preceding section 21



of Title 48, Territories and Insular Possessions.





Jurisdiction Over Common Carriers Between Ports in Hawaii and Other



Ports







Pub. L. 86-3, Sec. 18(a), Mar. 18, 1959, 73 Stat. 12, as amended



Pub. L. 86-624, Sec. 46, July 12, 1960, 74 Stat. 423, provided that:



“Nothing contained in this Act shall be construed as depriving the



Federal Maritime Board [now Secretary of Transportation] of the



exclusive jurisdiction heretofore conferred on it over common carriers



engaged in transportation by water between any port in the State of



Hawaii and other ports in the United States, or possessions, or as



conferring on the Interstate Commerce Commission jurisdiction over



transportation by water between any such ports.''



[Interstate Commerce Commission abolished and functions of



Commission transferred, except as otherwise provided in Pub. L. 104-88,



to Surface Transportation Board effective Jan. 1, 1996, by section 702



of Title 49, Transportation, and section 101 of Pub. L. 104-88, set out



as a note under section 701 of Title 49. References to Interstate



Commerce Commission deemed to refer to Surface Transportation Board, a



member or employee of the Board, or Secretary of Transportation, as



appropriate, see section 205 of Pub. L. 104-88, set out as a note under



section 701 of Title 49.]







Jurisdiction Over Common Carriers Between Ports in Alaska and Other



Ports





Section 27(b) of Pub. L. 85-508 provided that: “Nothing contained



in this or any other Act shall be construed as depriving the Federal



Maritime Board [now Secretary of Transportation] 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.''



[Interstate Commerce Commission abolished and functions of



Commission transferred, except as otherwise provided in Pub. L. 104-88,



to Surface Transportation Board effective Jan. 1, 1996, by section 702



of Title 49, Transportation, and section 101 of Pub. L. 104-88, set out



as a note under section 701 of Title 49. References to Interstate



Commerce Commission deemed to refer to Surface Transportation Board, a



member or employee of the Board, or Secretary of Transportation, as



appropriate, see section 205 of Pub. L. 104-88, set out as a note under



section 701 of Title 49.]





Transportation of Lumber to Puerto Rico





Pub. L. 87-877, Sec. 4, Oct. 24, 1962, 76 Stat. 1201, allowed for



suspension of this section during a 1-year period beginning Oct. 24,



1962, with respect to transportation of lumber to Puerto Rico from ports



or terminal areas in the United States if Secretary of Commerce



determined that no domestic vessel was reasonably available.





Transportation of Coal Between Points in United States in Canadian



Vessels







Act Aug. 7, 1956, ch. 1028, 70 Stat. 1090, permitted Canadian



vessels to transport coal to Ogdensburg, N.Y, from other points in the



United States, on the Great Lakes, or their connecting or tributary



waters for a period ending June 30, 1957.







Transportation of Iron Ore in Vessels of Canadian Registry





Act June 24, 1952, ch. 458, 66 Stat. 156, provided for the



transportation of iron ore and terminated on Dec. 31, 1952. Similar



provisions were contained in the following acts:



Mar. 29, 1951, ch. 25, 65 Stat. 28.



June 30, 1950, ch. 427, Sec. 5, 64 Stat. 309.



Mar. 28, 1949, ch. 36, 63 Stat. 16.



Mar. 24, 1948, ch. 144, 62 Stat. 84.



Jan. 27, 1942, ch. 21, 56 Stat. 19, as amended Aug. 1, 1942, ch.



544, 56 Stat. 735, and repealed July 25, 1947, ch. 327, Sec. 2b, 61



Stat. 451, eff. six months after July 25, 1947.



May 31, 1941, ch. 158, 55 Stat. 236.





Transportation of Grain Between United States Ports on Great Lakes by



Vessels of Canadian Registry During 1951







Act Oct. 10, 1951, ch. 459, 65 Stat. 371, provided for the



transportation of grain and terminated on Dec. 31, 1951.







Transportation of Merchandise Between Hyder, Alaska, and United States







Act July 30, 1947, ch. 387, 61 Stat. 632, as amended June 28, 1948,



ch. 693, 62 Stat. 1067, provided for the transportation of merchandise



between Hyder, Alaska, and United States and terminated on June 30,



1949.







Cross References







Corporation meeting certain conditions deemed citizen for purposes



of this section, see section 883-1 of this Appendix.



Provisions restricting coastwise transportation to vessels of United



States not applicable to American Samoa, see section 1664 of Title 48,



Territories and Insular Possessions.



Transportation of passengers and merchandise in Canadian vessels



between points in Alaska and United States, see section 289b of this



Appendix.



Transportation of passengers in foreign vessels, see section 289 of



this Appendix and notes thereunder.





Section Referred to in Other Sections





This section is referred to in sections 292, 316, 446b, 883-1 of



this Appendix; title 19 section 1554; title 46 sections 3704, 12101,



12106, 14305

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