text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/168

 92 STAT. 1448

PUBLIC LAW 95-473—OCT. 17, 1978 '

49 USC 11505. Ante, pp. 1402-1407.

Ante, p. 1418. 49 USC 11506. "Standards," and "amendments to standards." Ante, p. 1361.

Ante, p. 1361. Ante, pp. 1409, 1410. Ante, p. 1361.

(B) the State and subdivision in which the employee earned more than 50 percent of the pay received by the employee from the carrier during the preceding calendar year. (3) This subsection applies to pay of a master, officer, or seaman who is a member of the crew on a vessel engaged in foreign, coastwise, intercoastal or noncontiguous trade or in the fisheries of the United States. (d) A rail, express, sleeping car, motor, and motor private carrier withholding pay from an employee under subsection (a) or (b) of this section shall file income tax information returns and other reports only with— (1) the State and subdivision of residence of the employee; and (2) the State and subdivision in which withholding of pay is required under subsection (a) or (b) of this section. § 11505. State action to enjoin rail carriers from certain actions (a) The attorney general of a State or transportation regulatory authority of a State or area affected by a violation of sections 1090110907 of this title, may bring a civil action to enjoin a rail carrier from violating those sections. (b) A transportation regulatory authority of a State affected by an abandonment of service by a freight forwarder in violation of section 10933 of this title may bring a civil action to enjoin the abandonment. § 11506. Registration of motor carriers by a State (a) In this section, "standards" and "amendments to standards" mean the specification of forms and procedures required by regulations of the Interstate Commerce Commission to prove the lawfulness of transportation by motor carrier referred to in section 10521(a)(1) and (2) of this title by— (1) filing and maintaining certificates and permits issued to the motor carrier by the Commission; (2) registering motor vehicles operating under the certificates and permits; (3) filing and maintaining proof of required insurance coverage or qualification as a self-insurer; and (4) filing the name of a local agent for service of process. (b) The requirement of a State that a motor carrier, providing transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title and providing transportation in that State, register the certificate or permit issued to the carrier under section 10922 or 10923 of this title is not an unreasonable burden on transportation referred to in section 10521(a)(1) and (2) of this title when the registration is completed under standards of the Commission under subsection (c) of this section. When a State registration requirement imposes obligations in excess of the standards, the part in excess is an unreasonable burden. (c)(1) The Commission shall maintain standards and amendments to standards (A) prepared and certified to it by the national organization of the State Commissions, and (B) prescribed by the Commission. If the national organization determines to withdraw entirely standards prescribed by the Commission, the Commission shall prescribe new standards by the end of the first year after the national organization determines to withdraw the standards. (2) An amendment to the standards prepared and certified by the national organization and prescribed by the Commission is effective

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/169

 PUBLIC LAW 95-473—OCT. 17, 1978

92 STAT. 1449

when the amendment is prescribed or at another time as determined by the national organization. (d) The national organization shall consult with the Commission and representatives of motor carriers subject to the State registration requirement when preparing amendments to the standards. Different amendments may be prescribed for each class of motor carriers as warranted by the differences in the operations of each class. (e) This section does not— (1) authorize standards in conflict with regulations of the Commission; or (2) affect the authority of the Commission to interpret its regulations and certificates and permits issued under section 10922 or 10923 of this title. § 1150T. Prison-made property governed by State law Goods, wares, and merchandise produced or mined in a penal institution or by a prisoner not on parole or probation and transported into and used, sold, or stored in a State or territory or possession of the United States, is subject to the laws of that State, territory, or possession. This section does not apply to commodities produced in a penal institution of the United States Government for its use. CHAPTER 117—ENFORCEMENT: INVESTIGATIONS, RIGHTS, AND REMEDIES Sec. 11701. 11702. 11703. 11704. 11705. 11706. 11707. 11708. 11709. 11710.

General authority. Enforcement by the Interstate Commerce Commission. Enforcement by the Attorney General. Action by a private person to enjoin abandonment of service. Rights and remedies of persons injured by certain carriers. Limitation on actions by and against common carriers. Liability of common carriers under receipts and bills of lading. Private enforcement: motor carrier and freight forwarder licensing. Liability for issuance of securities by certain carriers. Liability when property is delivered in violation of routing instructions.

§ 11701. General authority (a) The Interstate Commerce Commission may begin an investigation under this subtitle on its own initiative or on complaint. If the Commission finds that a carrier or broker is violating this subtitle, the Commission shall take appropriate action to compel compliance with this subtitle. The Commission may take that action only after giving the carrier or broker notice of the investigation and an opportunity for a proceeding. (b) A person, including a governmental authority, may file with the Commission a complaint about a violation of this subtitle by a carrier providing, or broker for, transportation or service subject to the jurisdiction of the Commission under this subtitle. The complaint must state the facts that are the subject of the violation and, if it is against a water carrier, must be made under oath. The Commission may dismiss a complaint it determines does not state reasonable grounds for investigation and action. However, the Commission may not dismiss a complaint made against a common carrier providing transportation subject to the jurisdiction of the Commission under subchapter I of chapter 105 of this title because of the absence of direct damage to the complainant. (c) A formal investigative proceeding begun by the Commission under subsection Ca) of this section related to a rail carrier is dismissed automatically unless it is concluded by the Commission with

Ante, pp. 1409, 1410. 49 USC 11507.

'

^^

• •"'

49 USC 11701. Investigations,

Notice, Complaints,

Ante, p. 1359. ,:,,,,,,., V

�

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/170

 92 STAT. 1450

49 USC 11702. Ante, pp. 1402-1407, 1418. Ante, p. 1415, 1433, 1434.

Ante, p. 1361.

Ante, p. 1365.

Ante, p. 1369.

49 USC 11703.

Ante, p. 1358.

PUBLIC LAW 95-473—OCT. 17, 1978 administrative finality by the end of the 3d year after the date on Which it was begun. § 11702. Enforcement by the Interstate Commerce Commission (a) The Interstate Commerce Commission may bring a civil action— (1) to enjoin a rail carrier from violating section 10901-10907 or 10933 of this title, or a regulation prescribed or certificate issued under any of those sections; (2) to enforce section 10930 or 11323 of this title, or subchapter III of chapter 113 of this title and to compel compliance with the order of the Commission under any of those sections and that subchapter; (3) to enforce an order of the Commission, except a civil action to enforce an order for the payment of money, when it is violated by a carrier providing transportation subject to the jurisdiction of the Commission under subchapter I of chapter 105 of this title; (4) to enforce this subtitle (except a civil action under a provision of this subtitle governing the reasonableness and discriminatory character of rates), or a regulation or order of the Commission or a certificate or permit issued under this subtitle when violated by a motor carrier or broker providing transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title; ^5) to enforce this subtitle (except a civil action under a provision of this subtitle governing the reasonableness and discrimitory character of rates), or a regulation or order of the Commission or a certificate or permit issued under this subtitle, except a civil action to enforce an order for the payment of money, when violated by a carrier providing transportation subject to the jurisdiction of the Commission under subchapter III of chapter 105 of this title; and (6) to enforce this subtitle, or a regulation or order of the Commission or permit issued under this subtitle when violated by a carrier providing service subject to the jurisdiction of the Commission under subchapter IV of chapter 105 of this title. (b) In a civil action under subsection (a)(4) of this section— (1) trial is in the judicial district in which the motor carrier or broker operates; (2) process may be served without regard to the territorial limits of the district or of the State in which the action is instituted; and (3) a person parti(5ipating with a carrier or broker in a violation may be joined in the civil action without regard to the residence of the person. § 11703. Enforcement by the Attorney General (a) The Attorney General may, and on request of the Interstate Commerce Commission shall, bring court proceedings to enforce this subtitle or a regulation or order of the Commission or certificate or permit issued under this subtitle and to prosecute a person violating this subtitle or a regulation or order of the Commission or certificate or permit issued under this subtitle. (b) The United States Government may bring a civil action on behalf of a person to compel a common carrier providing transportation or service subject to the jurisdiction of the Commission under chapter 105 of this title to provide that transportation or service to that person in compliance with this subtitle at the same rate charged,

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/171

 PUBLIC LAW 95-473—OCT. 17, 1978 or on conditions as favorable as those given by the carrier, for like traffic under similar conditions to another person. § 11704. Action by a private person to enjoin abandonment of service An interested person may bring a civil action to enjoin an abandonment of service in violation of section 10933 of this title or a certificate issued under that section. § 11705. Rights and remedies of persons injured by certain carriers (a) A person injured because a carrier providing transportation or service subject to the jurisdiction of the Interstate Commerce Commission under chapter 105 of this title does not obey an order of the Commission, except an order for the payment of money, may bring a civil action to enforce that order under this subsection. (b)(1) A common carrier providing transportation or service subject to the jurisdiction of the Commission under chapter 105 of this title is liable to a person for amounts charged that exceed the applicable rate for transportation or service contained in a tariff filed under subchapter IV of chapter 107 of this title. (2) A common carrier providing transportation subject to the jurisdiction of the Commission under subchapter I or III of chapter 105 of this title is liable for damages sustained by a person as a result of an act or omission of that carrier in violation of this subtitle. (3) A common carrier providing transportation or service subject to the jurisdiction of the Commission under subchapter II or IV of chapter 105 of this title is liable for damages resulting from the imposition of rates for transportation or service the Commission finds to be in violation of this subtitle. (c)(1) A person may file a complaint with the Commission under section 11701(b) of this title or bring a civil action under subsection (b)(1) or (2) of this section to enforce liability against a common carrier providing transportation subject to the jurisdiction of the Commission under subchapter I or III of chapter 106 of this title. A person may begin a proceeding under section 10704 or 10705 of this title to enforce liability under subsection (b)(3) of this section by filing a complaint with the Commission under section 11701(b) of this title. (2) When the Commission makes an award under subsection (b) of this section, the Commission shall order the carrier to pay the amount awarded by a specific date. The Commission may order a carrier providing transportation subject to the jurisdiction of the Commission under subchapter I or III of chapter 105 of this title to pay damages only when the proceeding is on complaint. The person for whose benefit an order of the Commission requiring the payment of money is made may bring a civil action to enforce that order under this paragraph if the carrier does not pay the amount awarded by the date payment was ordered to be made. (d)(1) When a person begins a civil action under subsection (b) of this section to enforce an order of the Commission requiring the payment of damages by a common carrier providing transportation subject to the jurisdiction of the Commission under subchapter I or III of chapter 105 of this title, the text of the order of the Commission must be included in the complaint. In addition to the district courts of the United States, a State court of general jurisdiction having jurisdiction of the parties has jurisdiction to enforce an order under this

92 STAT. 1451

49 USC 11704. Ante, p. 1418. 49 USC 11705.

Ante, p. 1359.

Ante, p. 1394. Ante, pp. 1359, 1365. Ante, pp. 1361, 1369.

 * >!.HK

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/172

 92 STAT. 1452

•f'

49 USC 11706. Ante, p. 1359.

Ante, p. 1359, 1365.

PUBLIC LAW 95-473—OCT. 17, 1978 paragraph. The findings and order of the Commission are competent evidence of the facts stated in them. Trial in a civil action brought in a district court of the United States under this paragraph is in the judicial district (A) in which the plaintiff resides, (B) in which the principal operating office of the carrier is located, (C) if a rail carrier, through which the railroad line of that carrier runs, or (D) if a water carrier, in which a port of call on a route operated by that carrier is located. In a civil action under this paragraph, the plaintiff is liable for only those costs that accrue on an appeal taken by the plaintiff. (2) All parties in whose favor the award was made may be joined as plaintiffs in a civil action brought in a district court of the United States under this subsection and all the carriers that are parties to the order awarding damages may be joined as defendants. Trial in the action is in the judicial district in which any one of the plaintiffs could bring the action against any one of the defendants. Process may be served on a defendant at its principal operating office when that defendant is not in the district in which the action is brought. A judgment ordering recovery may be made in favor of any of those plaintiffs against the defendant found to be liable to that plaintiff. (3) The district court shall award a reasonable attorney's fee as a part of the damages for which a carrier is found liable under this subsection. The district court shall tax and collect that fee as a part of the costs of the action. § 11706. Limitation on actions by and against common carriers (a) A common carrier providing transportation or service subject to the jurisdiction of the Interstate Commerce Commission under chapter 105 of this title must begin a civil action to recover charges for transportation or service provided by the carrier within 3 years after the claim accrues. (b) A person must begin a civil action to recover overcharges under section 11705(b)(1) of this title within 3 years after the claim accrues. If that claim is against a common carrier providing transportation subject to the jurisdiction of the Commission under subchapter I or III of chapter 105 of this title and an election to file a complaint with the Commission is made under section 11705(c)(1), the complaint must be filed within 3 years after the claim accrues. (c)(1) A person must file a complaint with the Commission to recover damages under section 11705(b)(2) of this title within 2 years after the claim accrues. (2) A person must begin a civil action to recover damages under section 11705(b)(3) of this title within 2 years after the claim accrues. (d) The 3-year period under subsection (b) of this section is extended for 6 months from the time written notice is given to the claimant by the carrier of disallowance of any part of the claim specified in the notice if a written claim is given to the carrier within that 3-year period. The 3-year period under subsection (b) of this section and the 2-year period under subsection (c)(1) of this section are each extended for 90 days from the time the carrier begins a civil action under subsection (a) of this section to recover charges related to the same transportation or service, or collects (without beginning a civil action under that subsection) the charge for that transportation or service if that action is begun or collection is made within the appropriate period. (e) A person must begin a civil action to enforce an order of the Commission against a carrier for the payment of money within one year after the date the order required the money to be paid.

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/173

 PUBLIC LAW 95-473—OCT. 17, 1978 (f) This section applies to transportation for the United States Government. The time limitations under this section are extended, as related to transportation for or on behalf of the United States Government, for 3 years from the date of (1) payment of the rate for the transportation or service involved, (2) subsequent refund for overpayment of that rate, or (3) deduction made under section 244 of title 31, whichever is later. (g) A claim related to a shipment of property accrues under this section on delivery or tender of delivery by the carrier. § 11707. Liability of common carriers under receipts and bills of lading (a)(1) A common carrier providing transportation or service subject to the jurisdiction of the Interstate Commerce Commission under subchapter I, II, or IV of chapter 105 of this title shall issue a receipt or bill of lading for property it receives for transportation under this subtitle. That carrier and any other common carrier that delivers the property and is pioviding transportation or service subject to the jurisdiction of the Commission under subchapter I, II, or IV are liable to the person entitled to recover under the receipt or bill of lading. The liability imposed under this paragraph is for the actual loss or injury to the property caused by (1) the receiving carrier, (2) the delivering carrier, or (3) another carrier over whose line or route the property is transported in the United States or from a place in the United States to a place in an adjacent foreign country when transported mider a through bill of lading and applies to property reconsigned or diverted under a tariff filed under subchapter IV of chapter 107 of this title. Failure to issue a receipt or bill of lading does not affect the liability of a carrier. A delivering carrier is deemed to be the carrier performing the line-haul transportation nearest the destination but does not include a carrier providing only a switching service at the destination. (•2) A freight forwarder is both the receiving and delivering carrier. When a freight forwarder provides service subject to this subtitle and uses a motor common carrier providing transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title to receive property from a consignor, the motor common carrier may execute the bill of lading or shipping receipt for the freight forwarder with its consent. With the consent of the freight forwarder, a motor common carrier may deliver property for a freight forwarder on the freight forwarder's bill of lading, freight bill, or shipping receipt to the consignee named in it, and receipt for the property may be made on the freight forwarder's delivery receipt. (b) The carrier issuing the receipt or bill of lading under subsection (a) of this section or delivering the property for which the receipt or bill of lading was issued is entitled to recover from the carrier over whose line or route the loss or injury occurred the amount required to be paid to the owners of the property, as evidenced by a receipt, judgment, or transcript, and the amount of its expenses reasonably mcurred in defending a civil action brought by that person. (c)(1) A common carrier may not limit or be exempt from liability imposed under subsection (a) of this section except as provided in this subsection. A limitation of liability or of the amount of recovery or representation or agreement in a receipt, bill of lading, contract, rule, or tariff filed with the Commission in violation of this section is void.

92 STAT. 1453

49 USC 11707.

Ante, pp. 1359, 1361, 1369.

Ante, p. 1394.

•

'

' '•

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/174

 92 STAT. 1454

Ante, p. 1389.

49 USC 11708.

Ante, pp. 1409-1412, 1413, 1415-1417, 1333.

Notification.

28 USC app. 49 USC 11709. Ante, p. 1428.

PUBLIC LAW 95-473—OCT. 17, 1978

(2) If loss or injury to property occurs while it is in the custody of a water carrier, the liability of that carrier is determined by its bill of lading and the law applicable to water transportation. The liability of the initial or delivering carrier is the same as the liability of the water carrier. (3) A common carrier of passengers may limit its liability under its passenger rate for loss or mjury of baggage carried on passenger trains, boats, or motor vehicles, or on trains, or boats, or motor vehicles carrying passengers. (4) A common carrier may limit its liability for loss or injury of property transported under section 10730 of this title. (d) A civil action under this section may be brought against a delivering carrier in a district court of the United States or in a State court. Trial, if the action is brought in a district court of the United States is in a judicial district, and if in a State court, is in a State, through which the defendant carrier operates a railroad or route. (e) A carrier may not provide by rule, contract, or otherwise, a period of less than 9 months for filing a claim against it under this section and a period of less than 2 years for bringing a civil action against it under this section. The period for bringing a civil action is computed from the date that person receives written notice from the carrier that it has disallowed any part of the claim specified in the notice. §11708. Private enforcement: motor carrier and freight forwarder licensing (a) If a person provides transportation by motor vehicle or service of a freight forwarder in clear violation of section 10921-10924, 10927, 10930-10932, or 11323 of this title, a person injured by the transportation or service may bring a civil action to enforce any such section. In a civil action under this subsection, trial is in the judicial district in which the person who violated that section operates. (b) A copy of the complaint in a civil action under subsection (a) of this section shall be served on the Interstate Commerce Commission and a certificate of service must appear in the complaint filed with the court. The Commission may intervene in a civil action under subsection (a) of this section. The Commission may notify the district court in which the action is pending that it intends to consider the matter that is the subject of the complaint in a proceeding before the Commission. When that notice is filed, the court shall stay further action pending disposition of the proceeding before the Commission. (c) In a civil action under subsection (a) of this section, the court may determine the amount of and award a reasonable attorney's fee to the prevailing party. That fee is in addition to costs allowable under the Federal Rules of Civil Procedure. § 11709. Liability for issuance of securities by certain carriers A carrier issuing a security or assuming an obligation or liability that IS void under section 11301 of this title and its directors, officers, attorneys, and other agents who participate in authorizing, issuing, hypothecating, or selling that security, or in authorizing the assumption of that obligation or liability, are jointly and severally liable for the damages sustained by a person who acquires for value, in good faith, and without notice that the issue or assumption is void (1) that security, or (2) a security under which an assumption or liability is void. If a security void under that section is acquired directly from the carrier issuing it, the holder may rescind the transaction and recover

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/175

 PUBLIC LAW 95-473—OCT. 17, 1978

92 STAT. 1455

the consideration given for the security when it is surrendered to that carrier. § 11710. Liability when property is delivered in violation of routing 49 USC 11710. instructions (a)(1) When a carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of chapter 105 of this title diverts or delivers property to another Ante, p. 1359. carrier in violation of routing instructions in the bill of lading, both of those carriers are jointly and severally liable to the carrier that was deprived of its right to participate in hauling that property for the total amount of the rate it would have received if it participated in hauling the property. (2) A carrier is not liable under paragraph (1) of this subsection ,. when it diverts or delivers property in compliance with an order or regulation of the Commission. (3) A carrier to whom property is transported is not liable under this subsection if it shows that it had no notice of the routing instruc,,.,. tions before transporting the property. The burden of proving lack of notice is on that carrier. (b) The court shall award a reasonable attorney's fee to the plaintiff in a judgment against the defendant carrier under subsection (a) of this section. The court shall tax and collect that fee as a part of the costs of the action. ., CHAPTER 119^CIVIL AND CRIMINAL PENALTIES Sec.

11901. 11902. 11903. 11904. 11905. 11906. 11907. 11908. 11909. 11910. 11911. 11912. 11913. 11914. 11915. 11916.

General civil penalties. Civil penalty for accepting rebates from common carrier. Rate, discrimination, and tariff violations. Additional rate and discrimination violations. Transportation of passengers without charge. Evasion of regulation of motor carriers and brokers. Interference with railroad car supply. Abandonment of service by freight forwarder. Record keeping and reporting violations. Unlawful disclosure of information. Issuance of securities; disposition of funds; restriction on ownership. Consolidation, merger, and acquisition of control: violation by a person not a carrier. Disobedience to subpenas. General criminal penalty when specific penalty not provided. Punishment of corporation for violations committed by certain individuals. Conclusiveness of rates in certain prosecutions.

§ 11901. General civil penalties (a) Except as otherwise provided in this section, a common carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of chapter 105 of this title, an officer or agent of that carrier or a receiver, trustee, lessee, or agent of one of them, knowingly violating an order of the Commission under this subtitle is liable to the United States Government for a civil penalty of $5,000 for each violation. Liability under this subsection is incurred for each distinct violation. A separate violation occurs for each day the violation continues. (b) A common carrier providing transportation subject to the jurisdiction of the Commission under subchapter I of chapter 105 of this title, or a receiver or trustee of that carrier, violating a regulation or order of the Commission under section 10761, 10762, 10764, 10765, or

49 USC 11901.

Ante, pp. 1394, 1397.

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/176

 92 STAT. 1456 Ante, p. 1425.

Ante, p. 1398.

Ante, pp. 1402 -1407.

Ante, pp. 1422 -1425.

Ante, p. 1424.

Ante, p. 1425. Ante, p. 1359.

Ante, p. 1426.

Ante, p. 1361.

Ante, p. 1409. ^-ii

PUBLIC LAW 95-473—OCT. 17, 1978

11128(a)(2) or (b) of this title is liable to the United States Government for a civil penalty of $500 for each violation and for $26 for each day the violation continues. (c) A carrier, receiver, or trustee violating subchapter V of chapter 107 of this title, or a regulation under that subchapter, is liable to the United States Government for a civil penalty of $500 for each 1 violation. A separate violation occurs each day the violation continues. (d) A person knowingly authorizing, consenting to, or permitting a violation of sections 10901-10907 of this title or of a condition of a certificate or a regulation under any of those sections, is liable to the United States Government for a civil penalty of not more than $5,000. (e)(1) A carrier, receiver, or operating trustee violating an order or ( direction of the Commission under section 11123, 11124, 11125, 11127, or 11128 (a)(1) of this title is liable to the United States Government for a civil penalty of at least $100 but not more than $500 for each violation and for $50 for each day the violation continues. ] (2) A rail carrier, receiver, or operating trustee violating section 11126 of this title is liable to the United States Government for a civil penalty of $100 for each violation. A separate violation occurs for each ] car not counted when a car count is required under that section. (f)(1) A person required under subchapter III of chapter 111 of this title to make, prepare, preserve, or submit to the Commission a record concerning transportation subject to the jurisdiction of the ] (Commission under subchapter I of chapter 105 of this title that does not make, prepare, preserve, or submit that record as required under that subchapter, is liable to the United States Government for a civil penalty of $500 for each violation. (2) A carrier providing transportation subject to the jurisdiction of the Commission under subchapter I of chapter 105 of this title, and a lessor, receiver, or trustee of that carrier, violating section 11144 (b)(1) of this title, is liable to the United States Government for a civil penalty of $100 for each violation. (3) A carrier providing transportation subject to the jurisdiction of the Commission under subchapter I of chapter 105 of this title, a lessor, receiver, or trustee of that carrier, a person furnishing cars or protective services against heat or cold, and an officer, agent, or employee of one of them, required to make a report to the Commission or answer a question that does not make the report or does not specifically, completely, and truthfully answer the question, is liable to the United States Government for a civil penalty of $100 for each violation. (4) A separate violation occurs for each day a violation under this subsection continues. (g) A person required to make a report to the Commission, answer a question, or make, prepare, or preserve a record under this subtitle concerning transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title, or an officer, agent, or employee of that person that (1) does not make the report, (2) does not specifically, completely, and truthfully answer the question, (3) does not make, prepare, or preserve the record in the form and manner prescribed by the Commission, or (4) does not comply with section 10921 of this title, is liable to the United States Government for a civil penalty of not more than $500 for each violation and for not more than $250 for each additional day the violation continues. (h)(1) Trial in a civil action under subsections (a)-(f) of this section is in the judicial district in which the carrier has its principal

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/177

 PUBLIC LAW 95-473—OCT. 17, 1978

92 STAT. 1457

operating oiRce or in a district through which the railroad of the car,/ rier runs. (2) Trial in a civil action under subsection (g) of this section is in the judicial district in which (A) the motor carrier or broker has its principal office, (B) the motor carrier or broker was authorized to provide transportation under this subtitle when the violation occurred, (C) the violation occurred, or (D) the offender is found. Process in the action may be served in the judicial district of which the offender is an inhabitant or in which the offender may be found. § 11902. Civil penalty for accepting rebates from common carrier 49 USC 11902. A person (1) delivering property to a common carrier providing transportation or service subject to the jurisdiction of the Interstate Commerce Commission under chapter 105 of this title for transportation under this subtitle or for whom that carrier will transport the property as consignor or consignee for that person from a State or territory or possession of the United States to another State or possession, territory, or to a foreign country, and (2) knowingly accepting or receiving by any means a rebate or offset against the rate for transportation for, or service of, that property contained in a tariff filed with the Commission under subchapter IV of chapter 107 of this Ante, p. 1394. title, is liable to the United States Government for a civil penalty in an amount equal to 3 times the amount of money that person accepted or received as a rebate or offset and 3 times the value of other consideration accepted or received as a rebate or offset. In a civil action under ^ this section, all money or other consideration received by the person during a period of 6 years before an action is brought under this section may be included in determining the amount of the penalty, and if that total amount is included, the penalty shall be 3 times that total amount. § 11903. Rate, discrimination, and tariff violations (a) A person that knowingly offers, grants, gives, solicits, accepts, or receives by any means transportation or service provided for property by a common carrier subject to the jurisdiction of the Interstate Commerce Commission under chapter 105 of this title (1) at less than the rate in effect under chapter 107 of this title, or (2) by practicing discrimination, shall be fined at least $1,000 but not more than $20,000, imorisoned for not more than 2 years, or both. t^b) A carrier providing transportation or service subject to the jurisdiction of the Commission under chapter 105 of this title or an officer, director, receiver, trustee, lessee, agent, or employee of a corporation that is subject to the jurisdiction of the Commission under that chapter, that willfully does not file and publish its rates or tariffs as required under chapter 107 of this title or observe those tariffs until changed under law, shall be fined at least $1,000 but not more than $20,000, imprisoned for not more than 2 years, or both. (c) When acting in the scope of their employment, the actions and omissions of persons acting for or employed by a carrier or shipper that is subject to subsection (a) or (b) of this section are considered to be the actions and omissions of that carrier or shipper as well, as that person. (d) Trial in a criminal action under this section is in the judicial district in which any part of the violation is committed or through which the transportation is conducted. § 11904. Additional rate and discrimination violations (a)(1) A common carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under sub39-194 O—80—pt. 2

12: QL3

49 USC 11903.

Ante, p. 1359. Ante, p. 1371.

49 USC 11904.

�


text:
The New International Encyclopædia/Gentian

GENTIAN, jĕn'shan (Lat. gentiana, Gk., gentianē, said to have been named after an Illyrian king, defeated by the Romans about B.C. 160, Gentius, Gk. , who first discovered the properties of the plant). A genus of plants of the order Gentianaceæ. The species are numerous, natives of temperate and boreal parts of Europe, Asia, North and South America, and New Zealand, many of them growing in high mountain pastures and meadows, which they adorn by their beautiful blue or yellow flowers. The common gentian or yellow gentian (Gentiana lutea) is abundant in the meadows of the Alps and Pyrenees at elevations of 3000 to 6000 feet. It has a stem three or four feet high,

ovate-oblong leaves, and numerous whorls of yellow flowers. The part employed in medicine is the root, which is cylindrical, ringed and more or less branched, and which appears in commerce in a dried state, in pieces varying from a few inches to more than a foot in length, and from half an inch to two inches in thickness. It is collected by the peasants of the Alps. Although gentian-root has been examined by various chemists, its constituents are not very clearly known; it contains, however, gentiopicrin, gentisic acid, pectin, fixed oil, and sugar. As much as 14 per cent. of the last is present, and in consequence of it an infusion is capable of undergoing fermentation and of forming the ‘bitter snaps’ or ‘Enziangeist’ which is much employed by the peasants on the Swiss Alps. Gentian is a highly valued medicine, a simple tonic, bitter without astringency, and is much used in diseases of the digestive organs, and sometimes as an anthelmintic. The bitter principle on which its virtue depends exists in other species of this genus, probably in all, and appears to be common to many plants of the same order. The roots of inferior quality of the species Gentiana purpurea, Gentiana punctata, and Gentiana pannonica are often mixed with the gentian of commerce. Among the most common European species are Gentiana campestris and Gentiana Amorella, plants of a few inches in height, with small flowers, both of which are in use as tonics in domestic medicine. Gentiana Saponaria, a North American species, is extensively used in its native country as a substitute for common gentian, and Gentiana Kurroo is employed in the same way in the Himalayas. Several species of gentian are common ornaments of gardens, particularly Gentiana acaulis, a small species with large blue flowers, a native of the countries of Europe and of Siberia, often planted as an edging for flower borders. Gentiana Andrewsii and Gentiana puberula, American species, the former known as closed gentian or bottle gentian from the non-opening of the flowers, and the latter with blue, funnel-shaped flowers, are common in American gardens. Of the fringed gentian species Gentiana crinita is particularly celebrated for the beauty of its flowers, which are large, blue, and fringed on the margins. It has a branched stem and grows in wet ground. The brilliancy of the flowers of the small Alpine species has led to many attempts to cultivate them, which have generally proved unsuccessful, apparently from the difficulty of imitating the climatic and soil conditions of their native heights. The horse-gentian is Triosteum perfoliatum. See, and Colored Plate of.


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/178

 92 STAT. 1458 Ante, p. 1359.

Ante, p. 1371.

Ante, p. 1361.

Ante, p. 1365.

Ante, p. 1369.

PUBLIC LAW 95-473—OCT. 17, 1978 chapter I of chapter 105 of this title, and when that carrier is a corporation, an officer, employee, or agent of the corporation, that by any means knowingly and willfully assists a person in getting, or willingly permits a person to get, transportation provided under this subtitle for property at less than the rate in effect for that transportation under chapter 107 of this title, shall be fined not more than $5,000, imprisoned for not more than 2 years, or both. (2) A person, or officer or agent of the person, that (A) delivers property for transportation under this subtitle to a common carrier providing transportation subject to the jurisdiction of the Commission under subchapter I of chapter 105 of this title, or for whom that carrier transports property as consignor or consignee, and (B) knowingly and willfully by any means gets or attempts to get that property transported at less than the rate in effect for that transportation under chapter 107 of this title, shall be fined not more than $5,000, imprisoned for not more than 2 years, or both. (3) A person, or an officer or agent of a corporation or company that by payment of anything of value, solicitation, or in any other way, induces or attempts to induce a common carrier providing transportation subject to the jurisdiction of the Commission under subchapter I of chapter 105 of this title, or any of its officers or agents, to discriminate unreasonably against another consignor or consignee in the transportation of property shall be fined not more than $5,000, imprisoned for not more than 2 years, or both. (b) A person, or an officer, employee, or agent of that person, that (1) knowingly offers, grants, gives, solicits, accepts, or receives a rebate, concession, or discrimination in violation of a provision of this subtitle related to motor carrier transportation suoject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title, or (2) by any means knowingly and willfully assists or permits another person to get transportation that is subject to the jurisdiction of the Commission under that subchapter at less than the rate in effect for that transportation under chapter 107 of this title, shall be fined at least $200 but no more than $500 for the first violation and at least $250 but not more than $2,000 for a subsequent violation. (c)(1) A water carrier providing transportation subject to the jurisdiction of the Commission under subchapter III of chapter 105 of this title, or an officer, agent, or employee of that carrier, that knowingly and willfully by any means offers, grants, or gives, or intentionally permits a person to get, transportation provided under that subchapter at less than the rate in effect for that transportation under chapter 107 of this title, shall be fined not more than $5,000. (2) A person that knowingly and willfully by any means solicits, accepts, or receives transportation provided under subchapter III of chapter 105 of this title at less than the rate in effect for that transportation under chapter 107 of this title, shall be fined not more than $5,000. (3) Trial in a criminal action under this subsection is in the judicial district in which any part of the violation is committed. (d)(1) A freight forwarder providing service subject to the jurisdiction of the Commission under subchapter IV of chapter 105 of this title, or an officer, agent, or employee of that freight forwarder, that knowingly and willfully assists a person in getting, or willingly permits a person to get. service provided under that subchapter at less

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/179

 PUBLIC LAW 95^73—OCT. 17, 1978

92 STAT. 1459

than the rate in effect for that service under chapter 107 of this title, shall be lined not more than $500 for the first violation and not more than $2,000 for a subsequent violation. (2) A person that knowingly and willfully by any means gets, or attempts to get, service provided under subchapter IV of chapter 105 of this title at less than the rate in effect for that service under chapter 107 of this title, shall be fined not more than $500 for the first violation and not more than $2,000 for a subsequent violation. § 11905. Transportation of passengers without charge A common carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I, II, or III of chapter 105 of this title that provides transportation of passengers without charge except as provided in section 10721(b), 10722 (c) and (d) (if the transportation is for its employees on sleeping and express cars or linemen of telegraph and telephone companies), 10723(a)(1) (other than paragraph (1)(A) of that subsection when transportation is arranged by a municipal government), or 10724(a) of this title, shall be fined at least $100 but not more than $2,000. An individual who uses a free ticket for, or accepts transportation subject to the jurisdiction of the Commission under those subchapters, except as provided in those sections, shall be fined at least $100 but not more than $2,000. § 11906. Evasion of regulation of motor carriers and brokers A person, or an officer, employee, or agent of that person that by any means knowingly and willfully tries to evade regulation provided under this subtitle for motor carriers or brokers shall be fined at least $200 but not more than $500 for the first violation and at least $250 but not more than $2,000 for a subsequent violation. § 11907. Interference with railroad car supply (a) A person that offers or gives anything of value to another person acting for or employed by a rail carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of chapter 105 of this title intending to influence an action of that other person related to supply, distribution, or movement of cars, vehicles, or vessels used in the transportation of property, or because of the action of that other person, shall be fined not more than $1,000, imprisoned for not more than 2 years, or both. (b) A person acting for or employed by a rail carrier providing transportation subject to the jurisdiction of the Commission under subchapter I of chapter 105 of this title that solicits, accepts, or receives anything of value (1) intending to be influenced by it in an action of that person related to supply, distribution, or movement of cars, vehicles, or vessels used in the transportation of property, or (2) because of the action of that person, shall be fined not more than $1,000, imprisoned for not more than 2 years, or both. § 11908. Abandonment of service by freight forwarder A freight forwarder controlled by or under common control with a common carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I, II, or III of chapter 105 of this title, or a director, officer, receiver, operating trustee, lessee, agent, or employee of that freight forwarder or Common carrier, that knowingly authorizes or permits a violation of section 10933 of this title, shall be fined not more than $5,000.

Ante, p. 1371.

Ante, p. 1369.

49 USC 11905. Ante, pp. 1359, 1361, 1365. Ante, p. 1383. Ante, p. 1384. Ante, p. 1385. Ante, p. 1386.

49 USC 11906.

49 USC 11907.

49 USC 11908.

Ante, p. 1418.

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/180

 92 STAT. 1460 49 USC 11909. Ante, p. 1425. Ante, p. 1359.

erate, p. 1361.

Ante, p. 1365.

Ante, p. 1369.

, j

PUBLIC LAW 95-473—OCT. 17, 1978 § 11909. Record keeping and reporting violations (a) A person required to make a report to the Interstate Commerce Commission, or make, prepare, or preserve a record, under subchapter III of chapter 111 of this title about transportation subject to the jurisdiction of the Commission under subchapter I of chapter 105 of this title that knowingly and willfully (1) makes a false entry in the report or record, (2) destroys, multilates, changes, or bj^ another means falsifies the record, (3) does not enter business related facts and transactions in the record, (4) makes, prepares, or preserves the record in violation of a regulation or order of the Commission, or (5) files a false report or record with the Commission, shall be fined not more than $5,000, imprisoned for not more than 2 years, or both. (b) A person required to make a report to the Commission, answer a question, or make, prepare, or preserve a record under this subtitle about transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title, or an officer, agent, or employee of that person, that (1) willfully does not make that report, (2) willfully does not specifically, completely, and truthfully answer that question in 30 days from the date the Commission requires the question to be answered, (3) willfully does not make, prepare, or preserve that record in the form and manner prescribed by the Commission, (4) knowingly and willfully falsifies, destroys, mutilates, or changes that report or record, (5) knowingly and willfully files a false report or record with the Commission, (6) knowingly and willfully makes a false or incomplete entry in that record about a business related fact or transaction, or (7) knowingly and willfully makes, prepares, or preserves a record in violation of a regulation or order of the Commission, shall be fined not more than $5,000. (c) A person required to make a report to the Commission, answer a question, or make, prepare, or preserve a record under this subtitle about transportation subject to the jurisdiction of the Commission under subchapter III of chapter 105 of this title, or an officer, agent, or employee of that person, that (1) willfully does not make that report, (2) willfully does not specifically, completely and truthfully answer that question in 30 days from the date the Commission requires the question to be answered, (3) willfully does not make, prepare, or preserve that record in the form and manner prescribed by the Commission, (4) willfully falsifies, destroys, mutilates, or changes that report, or record, (5) willfully makes a false or incomplete entry in the record about a fact or transaction required under this subtitle, (6) willfully makes, prepares, or preserA^es a record in violation or a regulation or order of the Commission, or (7) knowingly and willfully files a false report or record with the Commission, shall be fined not more than $5,000. Trial in a criminal action under this subsection is in the judicial district in which any part of the violation is committed. (d) A freight forwarder, or an officer, agent, or employee of that freight forwarder, required to make a report to the Commission, answer a question, or make, prepare, or preserve a record under this subtitle about transportation subject to the jurisdiction of the Commission under subchapter IV of chapter 105 of this title that (1) willfully does not make that report, (2) willfully does not specifically, completely, and truthfully answer that question in 30 days from the date the Commission requires the question to be answered, (3) willfully does not make, prepare, or preserve that record in the form and manner prescribed by the Commission, (4) knowingly and willfully

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/181

 PUBLIC LAW 95-473—OCT. 17, 1978 falsifies, destroys, mutilates, or changes that report or record, (5) knowingly and willfully files a false report or record with the Commission, (6) knowingly and willfully makes a false or incomplete entry in that record about a fact or transaction related to the business of that freight forwarder, or (7) knowingly and willfully makes, prepares, or preserves a record in violation of a regulation or order of the Commission, shall be fined not more than $5,000. § 11910. Unlawful disclosure of information (a)(1) A common carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of chapter 105 of this title, or an officer, agent, or employee of that carrier, or another person authorized to receive information from that carrier, that knowingly discloses to another person, except the shipper or consignee, or a person who solicits or knowingly receives (A) information about the nature, kind, quantity, destination, consignee, or routing of property tendered or delivered to that carrier for transportation provided under this subtitle without the consent of the shipper or consignee, and (B) that information may be used to the detriment of the shipper or consignee or may disclose improperly, to a competitor the business transactions of the shipper or consignee, shall be fined not more than $1,000. (2) A motor carrier or broker providing transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title or an officer, receiver, trustee, lessee, or employee of that carrier or broker, or another person authorized by that carrier or broker to receive information from that carrier or broker may not knowingly disclose to another person, except the shipper or consignee, and another person may not solicit, or knowingly receive, information about the nature, kind, quantity, destination, consignee, or routing of property tendered or delivered to that carrier or broker for transportation provided under this subtitle without the consent of the shipper or consignee if that information may be used to the detriment of the shipper or consignee or may disclose improperly to a competitor the business transactions of the shipper or consignee. (3) A common carrier providing transportation subject to the jurisdiction of the Commission under subchapter III of chapter 105 of this title, or an officer, receiver, trustee, lessee, agent, or employee of that carrier, or another person authorized by that carrier or person to receive information from that carrier, that knowingly and willfully discloses to another person, except the shipper or consignee, or a person that solicits or knowingly and willfully receives (A) information about the nature, kind, quantity, destination, consignee, or routing of property tendered or delivered to that carrier for transportation provided under that subchapter without the consent of the shipper or consignee, and (B) that information may be used to the detriment of the shipper or consignee or may disclose improperly, to a competitor, the business transactions of the shipper or consignee, shall be fined not more than $2,000. Trial in a criminal action under this paragraph is in the judicial district in which any part of the violation is committed. (4) A freight forwarder providing service subject to the jurisdiction of the Commission under subchapter IV of chapter 105 of this title, or an officer, agent, or employee of that freight forwarder, or another person puthorized by that freight forwarder, or person to receive information, who knowingly and willfully discloses to another person, except the shipper or consignee, or a person that solicits or knowingly and willfully receives (A) information about the nature.

92 STAT. 1461

49 USC 11910. Ante, p. 1359.

'• '' "

Ante, p. 1361. v. «|. ,,

Ante, p. 1365.

1:^4'

Ante, p. 1369

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/182

 92 STAT. 1462

Ante, p. 1359.

Ante, p. 1426.

49 USC 11911.

Ante, p. 1428. Ante, p. 1430.

Ante, p. 1433.

49 USC 11912.

Ante, pp. 1434-1439.

PUBLIC LAW 95-473—OCT. 17, 1978 kind, (quantity, destination, consignee, or routing of property tendered or delivered to that forwarder for service provided under that subchapter without the consent of the shipper or consignee, and (B) that information may be used to the detriment of the shipper or consignee or may disclose improperly, to a competitor the business transactions of the shipper or consignee, shall be lined not more than $100 for the first violation and not more than $500 for a subsequent violation. A separate violation occurs each day the violation continues. (b) This subtitle does not prevent a carrier or broker providing transportation subject to the jurisdiction of the Commission under chapter 105 of this title from giving information— (1) in response to legal process issued under authority of a court of the United States or a State; (2) to an officer, employee, or agent of the United States Government, a State, or a territory or possession of the United States; or (3) to another carrier or its agent to adjust mutual traffic accounts in the ordinary course of business. (c) An employee of the Commission delegated to make an inspection or examination under section 11144 of this title who knowingly discloses information acquired during that inspection or examination, except as directed by the Commission, a court, or a judge of that court, shall be fined not more than $500, imprisoned for not more than 6 months, or both. §11911. Issuance of securities; disposition of funds; restriction on ownership (a) A director, officer, attorney, or agent of a carrier defined in section 11301(a)(1) of this title or of a person to which that section is made applicable by section 11302(a) of this title that knowingly agrees to or concurs in (1) an issue of securities or assumption of obligations or liability in violation of section 11301 of this title, (2) a disposition of securities in violation of an order of the Interstate Commerce Commission, or (3) an application not authorized by the Commission of the funds derived by the carrier through a disposition of securities shall be fined at least $1,000 but not more than $10,000, imprisoned for at least one year but not more than 3 years, or both. (b) A person that violates section 11322 of this title shall be fined at least $1,000 but not more than $10,000, imprisoned for at least one year but not more than 3 years, or both. § 11912. Consolidation, merger, and acquisition of control: violation by a person not a carrier A person, other than a common carrier, that violates section 11343, 11344, 11345, 11346, or 11347 of this title shall be fined not more than $5,000.

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/183

 PUBLIC LAW 95-473—OCT. 17, 1978

92 STAT. 1463

§ 11913. Disobedience to subpenas A person not obeying a subpena or requirement of the Interstate Commerce Commission to appear and testify or produce records shall be fined at least $100 but not more than $5,000, imprisoned for not more than one year, or both. § 11914. General criminal penalty when specific penalty not provided (a) When another criminal penalty is not provided under this chapter, a common carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter 1 of chapter 105 of this title, and when that carrier is a corporation, a director or officer of the corporation, or a receiver, trustee, lessee, or person acting for or employed by the corporation that, alone or with another person, willfully violates this subtitle or an order prescribed under this subtitle, shall be fined not more than $5,000. However, if the violation is for discrimination in rates charged for transportation, the person may be imprisoned for not more than 2 years in addition to being fined under this subsection. A separate violation occurs each day a violation of section 11321(a) or 11342 of this title continues. (b) When another criminal penalty is not provided under this chapter, a persoii that knowingly and willfully violates a provision of this subtitle or a regulation or order prescribed under this subtitle, or a condition of a certificate or permit issued under this subtitle related to transportation that is subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title, shall be fined at least $100 but not more than $500 for the first violation and at least $200 but not more than $500 for a subsequent violation. A separate violation occurs each day the violation continues. (c) When another criminal penalty is not provided under this chapter, a person that knowingly and willfully violates a provision of this subtitle or a regulation or order prescriljed under this subtitle, or a condition of a certificate or permit issued under this subtitle related to transportation that is subject to the jurisdiction of the Commission under subchapter III of chapter 105 of this title, shall be fined not more than $500. A separate violation occurs each day the violation continues. Venue in a criminal action under this subsection is in the judicial district in which any part of the violation was committed. (d) When another criminal penalty is not provided under this chapter, a person that knowingly and willfully violates a provision of this subtitle or a regulation or order prescribed under this subtitle or a condition of a permit issued under this subtitle related to service that is subject to the jurisdiction of the Commission under subchapter IV of chapter 105 of this title, shall be fined not more than $100 for the first violation and not more than $500 for a subsequent violation. A separate violation occurs each day the violation continues.

49 USC 11913.

49 USC 11914.

Ante, p. 1359.

Ante, pp. 1432, 1434.

Ante, p. 1361.

Ante, p. 1365. ' • '

Ante, p. 1370.

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/184

 92 STAT. 1464 49 USC 11915.

Ante, p. 1359.

49 USC 11916. Ante, p. 1371.

PUBLIC LAW 95-473—OCT. 17, 1978 § 11915. Punishment of corporation for violations committed by certain individuals An act or omission that would be a violation of this subtitle if committed by a director, officer, receiver, trustee, lessee, agent, or employee of a common carrier providing transportation or service subject to the jurisdiction of the Interstate Commerce Commission under chapter 105 of this title that is a corporation is also a violation of this subtitle by that corporation. The penalties of this chapter apply to that violation. When acting in the scope of their employment, the actions and omissions of individuals acting for or employed by that carrier are considered to be the actions and omissions of that carrier as well as that individual. § 11916. Conclusiveness of rates in certain prosecutions When a carrier files with the Interstate Commerce Commission or publishes a particular rate under chapter 107 of this title or participates in one of those rates, the published or filed rate is conclusive proof against that carrier, its officers, and agents that it is the legal rate for that transportation or service in a proceeding begun under section 11902 or 11903 of this title. A departure, or offer to depart, from that rate is a violation of those sections. CONFORMING AND TECHNICAL PROVISIONS

26 USC 48.

26 USC 185.

26 USC 250.

26 USC 281.

SEC. 2. (a)(1) Title 18, United States Code, is amended— (A) by striking out of the first definition of section 831 "common, contract, or private carrier, or freight forwarder as those terms are used in the Interstate Commerce Act, as amended" and substituting "common, contract, or motor private carrier, as those terms are defined in section 10102 of title 49"; and (B) by striking out of section 835(c) "by the Interstate Commerce Act" and substituting "under subtitle IV of title 49". (2) The Internal Revenue Code of 1954 (26 U.S.C. 1) is amended— (A) by striking out of section 48(a)(2)(B) (ii) "subject to part I of the Interstate Commerce Act" and substituting "providing transportation subject to subchapter I of chapter 105 of title 49"; (B) by striking out of section 185(e)(3)(B) "section 19a of part I of the Interstate Commerce Act (49 U.S.C. 19a)" and "such section 19a" and substituting "subchapter V of chapter 107 of title 49" and "such subchapter V", respectively; (C) by striking out of section 250(a)(1) "common carrier by railroad (as defined in section 1(3) of the Interstate Commerce Act (49 U.S.C. 1 (3))) " and substituting "rail carrier (as defined in section 10102 (17) of title 49)"; (D) by striking out of section 281(d)(1)(A) "subject to ^art I of the Interstate Commerce Act (49 U.S.C. 1 and following)" and substituting "providing transportation subject to subchapter I of chapter 105 of title 49"; (E) by striking out of section 281(d)(1)(B) "subject to part I of the Interstate Commerce Act" and suWituting "providing transportation subject to subchapter I of chapter 105 of title 49";

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/185

 PUBLIC LAW 95-473—OCT. 17, 1978

92 STAT. 1465

(F) by striking out of section 354(c) "section 20b of the Interstate Commerce Act" and substituting "subchapter IV of chapter 113 of title 49"; (G) by striking out of section 3231(g) "express company, sleeping-car company, or carrier by railroad, subject to part I of the Interstate Commerce Act (49 U.S.C., chapter 1)" and substituting "express carrier, sleeping car carrier, or rail carrier providing transportation subject to subchapter I of chapter 105 of title 49"; and (H) by striking out of section 6362(f)(9) "26, 226A, or 324 of the Interstate Commerce Act" and substituting "section 11504 of title 49". (3) Title 28, United States Code, is amended— (A) by striking out of section 1445(b) "section 20 of Title 49" and substituting "section 11707 of title 49"; (B) by striking out of section 2321(c) "the cases and proceedings under section 20 of the Act of February 4, 1887, as amended (24 Stat. 386; 49 U.S.C. 20), section 23 of the Act of May 16, 1942, as amended (56 Stat. 301; 49 U.S.C. 23), and section 3 of the Act of February 19, 1903, as amended (32 Stat. 848; 49 U.S.C. 43)" and substituting "enforcement actions and actions to collect civil penalties under subtitle IV of title 49"; and (C) by striking out of section 2323 "actions under section 20 of the Act of February 4, 1887, as amended (24 Stat. 386; 49 U.S.C. 20), section 23 of the Act of May 16, 1942, as amended (56 Stat. 301; 49 U.S.C. 23), and section 3 of the Act of February 19, 1903, as amended (32 Stat. 848; 49 U.S.C. 43)" and substituting "enforcement actions and actions to collect civil penalties under subtitle IV of title 49". (4) Title 39, United States Code, is amended— (A) by striking out of section 5201(2) "motor carrier, or an express company" and substituting "motor common carrier, or express carrier"; (B) by striking out section 5201(5) and substituting the following: "(5) 'motor common carrier' means a motor common carrier, except a passenger-carrying motor vehicle of such a carrier, within the meaning of section 10102(11) of title 49, that holds a certificate of public convenience and necessity issued by the Commission;"; (C) by striking out of section 5201(6) "company" and "section 1(3) of title 49" and substituting "carrier" and "section 10102(7)", respectively; (D) by striking out of section 5203 "motor carrier" each time it appears and substituting "motor common carrier" in each place; and (E) by striking out of section 5215(a) "motor carrier" and substituting "motor common carrier".

26 USC 354. 26 USC 3231.

26 USC 6362.

"Motor common carrier."

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/186

 92 STAT. 1466

49 USC 11503 note.

PUBLIC LAW 95-473—OCT. 17, 1978

(5) Section 308(c)(1) of title 44, United States Code, is amended by striking out "section 66 of title 49" and substituting "section 244 of title 31'\ (b) Section 11503 of title 49, as stated in the first section of this Act, is effective after February 4, 1979. LEGISLATIVE PURPOSE AND CONSTRUCTION

SEC. 3. (a) Sections 1 and 2 of this Act restate, without substantive 49 USC prec. 10101 note. change, laws enacted before May 16, 1978, that were replaced by those Ante, pp. 1337, sections. Those sections may not be construed as making a substantive 1464. change in the laws replaced. Laws enacted after Ma;^ 15^^ 1978, that are inconsistent with this Act are considered as superseding it to the extent of the inconsistency. (b) A reference to a law replaced by sections 1 and 2 of this Act, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision enacted by this Act. (c) An order, rule, or regulation in effect under a law replaced by sections 1 and 2 of this Act continues in effect under the corresponding provision enacted by this Act until repealed, amended, or superseded. (d) An action taken or an offense committed under a law replaced by sections 1 and 2 of this Act is deemed to have been taken or committed under the corresponding provision enacted by this Act. (e) An inference of a legislative construction is not to be drawn by reason of the location in the United States Code of a provision enacted by this Act or hj reason of the caption or catchline thereof. (f) If a provision enacted by this Act is held invalid, all valid provisions that are severable from the invalid provision remain in effect. If a provision of this Act is held invalid in any of its applications, the provision remains valid for all valid applications that are severable from any of the invalid applications. -R-RPF.AT.S

49 USC prec. 10101 note.

SEC. 4. (a) The repeal of a law by this Act may not be construed as a legislative inference that the provision was or was not in effect before its repeal. (b) The laws specified in the following schedule are repealed except as provided in subsection (c) of this section and except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before the date of enactment of this Act:

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/187

 PUBLIC LAW 95-473—OCT. 17, 1978

92 STAT. 1467

Schedule of Laws Repealed statutes at Large Statutes at Large

Date

Chapter or Public Law

Section Volume

Page

25 25

855. 954.

1891 Feb. 10

26

743.

189S Feb. 11

27

443,

1896 Feb. 8

28

643.

190S Feb. lit

32

847.

1887 Feb. 4

1889 Mar. 2

(less25,203(a) (22), (23),204(a)(1) ("qualifications" through period), (a)(2) ("qualifications" through period), (a)(3), (a)(3a), (a)(5), 220(f), 226). 382. 411.

1 (proviso).

1906 Mar. 7 Mar. 21 June 29

P. R. 8.. P. R. 11. 3591

34 34 34

823. 824. 584.

1908 Apr. 13

143.

35

60.

1909 Feb. 25

193.

35

648.

1910 June 18

309.

36

539.

37

566.

37 38

701. 219, 221

38

627.

38

1196.

39 39

441. 604.

40 40 40

101. 270. 272.

41 41

456. 590.

41 41 42

1145. 1149. 27.

mt Aug. 24

390.

19IS Mar. 1 Oct. 22

11 (less last par. on p. 567).

1 (last full pai. on p. 219 and all langut^e before the heading "United States Courts" on p. 221).

19H Aug. 1

223.

1915 Mar. 4

176.

1918 Aug. 9 29

301. 417.

1 (5th lull par.)

1 (2d lull par.).

1917 May 29 Aug. 9 10 19iO Feb. 28 May 8

91.. 172.

mi Feb. 2(1 27 June 10

(less 1, 213, 441 "Sec. 26," 500). 1 (1st par.)

19iS Feb. 24 June 7 Aug. 18 Sept. 22

70.. 210. 280. 413.

42 42 42 42

393. 624. 827. 1025.

19gS Mar. 3

233.

42

1443.

June

7

325.

43

633.

Jan. 30

120.

43

801.

19te July 3

761-

44

835.

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/188

 PUBLIC LAW 95-473—OCT. 17, 1978

92 STAT. 1468

statutes at Large Statutes at Large Date

Chapter or Public Law

Section Volume

19tr Feb. 26 Mar. 4

217510.

(less6).

tm

Page

44 44

1247. 1446.

Jan. 19

79.-

45

1084.

19S0 Apr. 23

208.

46

251.

Mar. 15

78..

47

65.

193$ Feb 28 June 16

136. 91..

47 43

1368. 211.

48 48 48

954. 1056. 1102.

49 49 49 49 49

19. 287. 376. 481. 543.

609.

49

607.

432. 776-

50 50

475. 809.

11070).

52 52

1029. 1236.

(less 14(b), 20(b)(4), 24 "Sec. 220 (f)", 322,331)

64 54

1226. 898.

56 56 56

176. 284. 746.

57

590.

58

751.

59 59

169. 606.

ms

mi June 13 19

ms Feb. 2 May 23 June 14 July 16 Aug. 9

mr July 5 Aug. 25 19S8 June 23 29

652. 3... 136. 247. 383. 498.

19^ Jan. 7 Sept. 18

938. 722.

19ii Mar. 27 May 16 Aug. 7

199. 318. 552-

19iS Nov. 12

1 (2d full par.). 602(b). ,

Less 1 "Sec. 204(a)(1) ('quaUflcations' through period), (a)(2) ('qualifleations' through period), (a)(3), (a)(5), 225").

299.

101-103 (title I)

19U Sept. 27

ms May 16 Dec. 12

128573.

Feb. 20

ms

Apr. June

60 162. 295. 386. 472. 602.

139. 272. 361. 379.

63 63 63 63

108. 280. 479. 485.

835.. 1140-

64 64

674. 1113

66 66 66 66 66

277. 3.32. 479. 542. 724.

67 67

115. 244.

180. 386. 457. 491. 622.

19k9 May 24 June 29 July 26 Aug. 2 1950 Sept. 1 Dec. 20

mi

June 27 July 3 9 10 16

ms June 30 July 31

(less 3).

62 62 62 62 62

9 3 12 17 24

477570599-

402(g) l(a)(25), (26).

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/189

 PUBLIC LAW 95-473—OCT. 17, 1978

92 STAT. 1469

statutes at Large Statutes at Large Date

Chapter or Public Law

Section Volume

Page

19Si July 22

563.

68

526.

1956 July 27 Aug. 3

759. 928.

70 70

702. 983.

1967 July 11 Aug. 13 14 16 22 28 31 Sept. 7

85-99.. 85-124. 85-135. 85-150. 85-163. 85-176. 85-246. 85-309.

71 71 71 71 71 71 71 71

292. 343. 352. 369. 411. 452. 564. 631.

1968 Aug. 12 23 26 Sept. 2

85-625. 85-728. 85-762. 85-857.

V2 72 72 72

568. 812. 859. 1264

1960 June 11 July 12

86-507. 86-615.

74 74

202. 382.

1981 Apr. 1 Sept. 14

87-16.. 87-247.

75 75

41.

Aug. 24 Sept. 27 Oct. 15

87-595. 87-707. 87-805.

76 76 76

397. 635. 911.

1 13(a). 1(38).

517.

196!f

Dec. 17

88-208.

1965 July 24 27 Sept. 6

89-86-. 89-93.. 89-170.

May 26 Oct. 15 Nov. 10

89-430. 89-670. 84-804.

July 26 Oct. 17

90-433. 90-586.

mo Oct. 15 Dec. 23 28 /97« July 7

263. 284. 648. 168. 943. 1521.

8(d).

448. 1149.

91-452. 91-569. 91-590.

243-245. 1-3

92-338. 92-348.

6,6

931. 1499. 1587. 423. 463.

1973 July 10 Dec. 27

93-69.. 93-201.

201-202 (title II).

166-168. 838.

1974 Jan. 2 Feb. 8 Oct. 28 Dec. 21

93-236. 93-249. 93-496. 93-528.

205, 601(e).

993, 1021. 11. 1532. 1709.

1976 Jan. 2 Feb. 28

93-585. 94-5...

1976 Feb. 5

94-210.

201, 202 (less (f)), 203-212, 301-307, 308(a)(3), 309, 310, 312, 402, 403, 801, 802, 804 "Sec. 3040)", 809(C).

Apr. 21 Oct. 19

94-273. 94-555-

11(4) 206,218, 220(i)-(o).

1978 Feb. 16

96-231.

14... 6(b).

1918. 7. 90

34-38, 39-56, 57-60, 62-66, 125-130,139, 146. 378. 2621, 2628, 2630.

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/190

 PUBLIC LAW 95-473—OCT. 17, 1978

92 STAT. 1470

Reorganization Plans

Year

Plan No.

Statutes at Large

Section

Volume 1869

49 USC prec. 10101 note.

Effective date. 49 USC prec. 10101 note. 49 USC 1 note, 1020 note.

83

1

Page 859.

(c) The laws specified in the schedule in subsection (b) of this section, as they existed on October 1, 1977, are not repealed to the extent— (1) those laws (A) vested functions in the Interstate Commerce Commission, or in the chairman or members of the Commission, related to the transportation of oil by pipeline, and (B) vested functions and authority in the Commission, or an officer or component of the Commission, related to the establishment of rates or charges for the transportation of oil by pipeline or the valuation of any such pipeline; and (2) those functions and authority were transferred by sections 306 and 402(b) of the Department of Energy Organization Act (91 Stat. 581,584,42 U.S.C. 7155,7172 (b)). (d) The repeals, by subsection (b) of this section, of section 1(a) (25), (26) of the Act of July 3, 1952, chapter 570, the Act of June 30, 1953, chapter 165, and the Act of July 31, 1953, chapter 169, are effective on September 14, 1978. Approved October 17, 1978.

.fVK-A

LEGISLATIVE HISTORY:

HOUSE REPORT No. 95-1395 (Coram, on the Judiciary). S ' CONGRESSIONAL RECORD, Vol. 124 (1978): i' Sept. 19, considered and passed House. Sept. 25, considered and passed Senate, amended. Sept. 26, House concurred in Senate amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 42: Oct. 18, Presidential statement.

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/191

 PUBLIC LAW 95-474—OCT. 17, 1978

92 STAT. 1471

Public Law 95-474 95th Congress An Act To amend the Ports and Waterways Safety Act of 1972, and for other purposes.

Oct. 17, 1978 [S. 682]

Be it enacted iy the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may Port and Tanker Safety Act of be cited as the "Port and Tanker Safety Act of 1978". SEC. 2. PORTS AND WATERWAYS SAFETY AND PROTECTION OF THE MARINE ENVIRONMENT.

1978. 33 USC 1221 note.

The Ports and Waterways Safety Act of 1972 (Public Law 92-340, 33 USC 1221 86 Stat. 424) is amended to read as follows:

note. Ports and "This Act may be cited as the 'Ports and Waterways Safety Act'. Waterways Safety Act. "SEC. 2. STATEMENT OF POLICY. 33 USC 1221 note. "The Congress finds and declares— "(a) that navigation and vessel safety and protection of the 33 USC 1221. "SECTION 1. SHORT TITLE.

marine environment are matters of major national importance; "(b) that increased vessel traffic in the Nation's ports and waterways creates substantial hazard to life, property, and the marine environment; "(c) that increased supervision of vessel and port operations is necessary in order to— " (1) reduce the possibility of vessel or cargo loss, or damage to life, property, or the marine environment; "(2) prevent damage to structures in, on, or immediately adjacent to the navigable waters of the United States or the resources within such waters; "(3) insure that vessels operating in the navigable waters of the United States shall comply with all applicable standards and requirements for vessel construction, equipment, manning, and operati«s>(ial procedures; and "(4) insure that the handling of dangerous articles and substances on the structures in, on, or immediately adjacent to the navigable waters of the United States is conducted in ^ accordance with established standards and requirements; and "(d) that advance planning is critical in determining proper and adequate protective measures for the Nation's ports and waterways and the marine environment, with continuing consultation with other Federal agencies, State representatives, affected users, and the general public, in the development and implementation of such measures. "SEC. 3. DEFINITIONS.—As used in this Act, unless the context other- 33 USC 1222. wise requires—• "(1) 'Marine environment' means the naviga^ble waters of the United States and the land and resources therein and thereunder; the waters and fishery resources of any area over which the United States asserts exclusive fishery management authority; the seabed and subsoil of the Outer Continental Shelf of the United States, the resources thereof and the waters superjacent thereto; and the recreational, economic, and scenic values of such waters and resources.

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/192

 92 STAT. 1472

PUBLIC LAW 95-474—OCT, 17, 1978 "(2) 'Secretary'means the Secretary of the department in which the Coast Guard is operating, "(3) 'State' includes each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Canal Zone, Guam, American Samoa, the United States Virgin Islands, the Trust Territories of the Pacific Islands, the Commonwealth of the Northern Marianas, and any other commonwealth, territory, or possession of the United States. "(4) 'United States', when used in geographical context, means all the States thereof.

33 USC 1223.

"SEC. 4. VESSEL OPERATING REQUIREMENTS.

i

'

S&SI 8J y

"(a) IN GENERAL.—Subject to the requirements of section 5, the Secretary may—• "(1) in any port or place under the jurisdiction of the United States, in the navigable waters of the United States, or in any area covered by an international agreement negotiated pursuant to section 11, establish, operate, and maintain vessel traffic services, consisting of measures for controlling or supervising vessel traffic or for protecting navigation and the marine environment and may include, but need not be limited to one or more of the following: reporting and operating requirements, surveillance and communications systems, routing systems, and fairways; "(2) require vessels which operate in an area of a vessel traffic service to utilize or comply with that service; " (3) require vessels to install and use specified navigation equipment, communications equipment, electronic relative motion analyzer equipment, or any electronic or other device necessary to comply with a vessel traffic service or which is necessary in the interests of vessel safety: Provided, That the Secretary shall not require fishing vessels under 300 gross tons or recreational vessels 65 feet or less to possess or use the equipment or devices required by this subsection solely under the authority of this Act; " (4) control vessel traffic in areas subject to the jurisdiction of the United States which the Secretary determines to be hazardous, or under conditions of reduced visibility, adverse weather, vessel congestion, or other hazardous circumstances by— "(A) specifying times of entry, movement, or departure; "(B) establishing vessel traffic routing schemes; "(C) establishing vessel size, speed, draft limitations and vessel operating conditions; and " (D) restricting operation, in any hazardous area or under hazardous conditions, to vessels which have particular operating characteristics or capabilities which he considers necessary for safe operation under the circumstances; and "(5) require the receipt of prearrival messages from any vessel, destined for a port or place subject to the jurisdiction of the United States, in sufficient time to permit advance vessel traffic planning prior to port entry, which shall include any information which is not already a matter of record and which the Secretary determines necessary for the control of the vessel and the safety of the port or the marine environment. "(b) SPECIAL POWERS.—The Secretary may order any vessel, in a port or place subject to the jurisdiction of the United States or in the navigable waters of the United States, to operate or anchor in a manner he directs if—

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/193

 PUBLIC LAW 95-474—OCT. 17, 1978

92 STAT. 1473

" (1) he has reasonable cause to believe such vessel does not comply with any regulation issued under this Act or any other applicable law or treaty; "(2) he determines that such vessel does not satisfy the conditions for port entry set forth in section 9; or "(3) by reason of weather, visibility, sea conditions, port congestion, other hazardous circumstances, or the condition of such vessel, he is satisfied that such directive is justified in the interest of safety. "(c) PORT ACCESS ROUTES.— (1) In order to provide safe access routes for the movement of vessel traffic proceeding to or i rom ports or places subject to the jurisdiction of the United States, and subject to the requirements of paragraph (3) hereof, the Secretary shall designate necessary fairways and traffic separation schemes for vessels operating in the territorial sea of the United States and in high seas approaches, outside the territorial sea, to such ports or places. Such a designation shall recognize, within the designated area, the paramount right of navigation over all other uses. " (2) No designation may be made by the Secretary pursuant to this subsection, if such a designation, as implemented, would deprive any person of the effective exercise of a right granted by a lease or permit executed or issued under other applicable provisions of law: Provided, That such right has become vested prior to the time of publication of the notice required by clause (A) of paragraph (3) hereof: Provided further, That the determination as to whether the designation would so deprive any such person shall be made by the Secretary, after consultation with the responsible official under whose authority the lease was executed or the permit issued. " (3) Prior to making a designation pursuant to paragraph (1) hereof, and in accordance with the requirements of section 5, the Secretary shall— "(A) within six months after date of enactment of this Act (and may, from time to time thereafter), undertake a study of the potential traffic density and the need for safe access routes for vessels in any area for which fairways or traffic separation schemes are proposed or which may otherwise be considered and shall publish notice of such undertaking in the Federal Register; "(B) in consultation with the Secretary of State, the Secretary of the Interior, the Secretary of Commerce, the Secretary of the Army, and the Governors of affected States, as their responsibilities may require, take into account all other uses of the area under consideration (including, as appropriate, the exploration for, or exploitation of, oil, gas, or other mineral resources, the construction or operation of deepwater ports or other structures on or above the seabed or subsoil of the submerged lands or the Outer Continental Shelf of the United States, the establishment or operation of marine or estuarine sanctuaries, and activities involving recreational or commercial fishing); and "(C) to the extent practicable, reconcile the need for safe access routes with the needs of all other reasonable uses of the area involved. ^ "(4) In carrying out his responsibilities under paragraph (3), the Secretary shall proceed expeditiously to complete any study undertaken. Thereafter, he shall promptly issue a notice of proposed rulemaking for the designation contemplated or shall have published in the

Designation

Traffic density and safety needs study, publication in Federal Register.

Consultation,

Notice, Publication in Federal Register.

39-194 O—80—pt. 2

13: QL3

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/194

 92 STAT. 1474

PUBLIC LAW 95-474^0CT. 17, 1978

Federal Register a notice that no designation is contemplated as a result of the study and the reason for such determination, "(5) In connection with a designation made pursuant to this subsection, the Secretary— Rules and "(A) shall issue reasonable rules and regulations governing regulations. the use of such designated areas, including the applicability of rules 9 and 10 of the International Regulations for Preventing 28 UST 3459. Collisions at Sea, 1972, relating to narrow channels and traffic separation schemes, respectively, in waters where such regulations apply; "(B) to the extent that he finds reasonable and necessary to effectuate the purposes of the designation, make the use of designated fairways and traffic separation schemes mandatory for specific types and sizes of vessels, foreign and domestic, operating in the territorial sea of the United States and for specific types and sizes of vessels of the United States operating on the high seas ' beyond the territorial sea of the United States; Adjustment. "(C) may, from time to time, as necessary, adjust the location or limits of designated fairways or traffic separation schemes, in order to accommodate the needs of other uses which cannot be reasonably accommodated otherwise: Provided, That such an adjustment will not, in the judgment of the Secretary, unacceptably "' adversely affect the purpose for which the existing designation was made and the need for which continues; and Notice and "(D) shall, through appropriate channels, (i) notify cognizant cooperation. international organizations of any designation, or adjustment thereof, and (ii) take action to seek the cooperation of foreign States in making it mandatory for vessels under their control to use any fairway or traffic separa*^ion scheme designated pursuant to this subsection in any area of the high seas, to the same extent as required by the Secretary for vessels of the United States. "(d) EXCEPTION.—Except pursuant to international treaty, convention, or agreement, to which the United States is a party, this Act shall not apply to any foreign vessel that is not destined for, or departing from, a port or place subject to the jurisdiction of the United States and that is in— "(1) innocent passage through the territorial sea of the United • ' ' States, or "(2) transit through the navigable waters of the United States which form a part of an international strait. 33 USC 1224.

"SEC. 5. CONSIDERATIONS BY SECRETARY.

"In carrying out his duties and responsibilities under section 4, the Secretary shall— "(a) take into account all relevant factors concerning navigation and vessel safety and protection of the marine environment, including but not limited to— "(1) the scope and degree of the risk or hazard involved; "(2) vessel traffic characteristics and trends, including traffic volume, the sizes and types of vessels involved, poten! tial interference with the flow of commercial traffic, the presence of any unusual cargoes, and other similar factors; "(3) port and waterway configurations and variations in local conditions of geography, climate, and other similar factors;

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/195

 PUBLIC LAW 95-474—OCT. 17, 1978

92 STAT. 1475

"(4) the need for granting exemptions for the installation and use of equipment or devices for use with vessel traffic services for certain classes of small vessels, such as selfpropelled fishing vessels and recreational vessels; "(5) the proximity of fishing grounds, oil and gas drilling and production operations, or any other potential or actual conflicting activity; "(6) environmental factors; " (7) economic impact and effects; " (8) existing vessel traffic services; and "(9) local practices and customs, including voluntary arrangements and agreements within the maritime community; and "(b) at the earliest possible time, consult with and receive and consider the views of representatives of the maritime community, ports and harbor authorities or associations, environmental groups, and other parties who may be affected by the proposed actions. "SEC. 6. WATERFRONT SAFETY.

33 USC 1225.

"(a) IN GENERAL.—The Secretary may take such action as is necessary to— "(1) prevent damage to, or the destruction of, any bridge or other structure on or in the navigable waters of the United States, or any land structure or shore area immediately adjacent to such waters; and "(2) protect the navigable waters and the resources therein from harm resulting from vessel or structure damage, destruction, or loss. Such action may include, but need not be limited to— "(A) establishing procedures, measures, and standards for the handling, loading, unloading, storage, stowage, and movement on the structure (including the emergency removal, control, and disposition) of explosives or other dangerous articles and substances, including oil or hazardous material as those terms are defined in section 4417a of the Revised Statutes, as amended; Po5^ p. 1480. "(B) prescribing minimum safety equipment requirements for the structure to assure adequate protection from fire, explosion, natural disaster, and other serious accidents or casualties; "(C) establishing water or waterfront safety zones, or other measures for limited, controlled, or conditional access and activity when necessary for the protection of any vessel, structure, waters, or shore area; and "(D) establishing procedures for examination to assure compliance with the requirements prescribed under this section. "(b) STATE LAW.—Nothing contained in this section, with respect to structures, prohibits a State or political subdivision thereof from prescribing higher safety equipment requirements or safety standards than those which may be prescribed by regulations hereunder, "SEC. 7. PILOTAGE.

"The Secretary may require federally licensed pilots on any selfpropelled vessel, foreign or domestic, engaged in the foreign trade, when operating in the navigable waters of the United States in areas and under circumstances where a pilot is not otherwise required by

33 USC 1226.

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/196

 92 STAT. 1476

PUBLIC LAW 95-474—OCT. 17, 1978 State law. Any such requirement shall be terminated when the State having jurisdiction over the area involved establishes a requirement for a State licensed pilot and has so notified the Secretary.

33 USC 1227.

" SEC. 8. INVESTIGATORY POWERS.

" (a) SECRETARY.—The Secretary may investigate any incident, accident, or act involving the loss or destruction of, or damage to, any structure subject to this Act, or which affects or may affect the safety or environmental quality of the ports, harbors, or navigable waters of the United States. " (b) POWERS.—In an investigation under this section, the Secretary may issue subpenas to require the attendance of witnesses and the production of documents or other evidence relating to such incident, accident, or act. If any person refuses to obey a subpena, the Secretary may request the Attorney General to invoke the aid of the appropriate district court of the United States to compel compliance with the subpena. Any district court of the United States may, in the case of refusal to obey a subpena, issue an order requiring compliance with the subpena, and failure to obey the order may be punished by the • court as contempt. Witnesses may be paid fees for travel and attendance at rates not exceeding those allowed in a district court of the United States.

Subpenas.

' 33 USC 1228.

" SEC. 9. CONDITIONS FOR E N T R Y TO PORTS OF THE UNITED STATES.

Post, p. 1480.

'

" (a) IN GENERAL.—No vessel, subject to the provisions of section 4417a of the Revised Statutes, as amended, shall operate in the navigable waters of the United States or transfer cargo or residue in any port or place under the jurisdiction of the United States, if such vessel— " (1) has a history of accidents, pollution incidents, or serious repair problems which, as determined by the Secretary, creates a t h r e a t to the marine environment; or " (2) fails to comply with any applicable regulation issued under this Act, under section 4417a of the Revised Statutes, as amended, or under any other applicable law or t r e a t y; or " (3) discharges oil or hazardous material in violation of a^y law of the United States or in a manner or quantities inconsistent with the provisions of any treaty to which the United States is a party; or " (4) does not comply with any applicable vessel traffic service requirements; or " (5) is manned by one or more officers who are licensed by a certificating state which the Secretary has determined, pursuant to section 4417a (11) of the Revised Statutes, as amended, does not have standards for licensing and certification of seafarers which are comparable to or more stringent than United States standards or international standards which are accepted by the United States; or " (6) is not manned in compliance with manning levels as determined by the Secretary to be necessary to insure the safe navigation of the vessel; or " (7) while underway, does not have at least one licensed deck officer on the navigation bridge who is capable of clearly understanding English. " (b) EXCEPTIONS.—The Secretary may allow provisional entry of a vessel not in compliance with subsection (a), if the owner or operator
 * reason to believe that such vessel may be unsafe or may create

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/197

 PUBLIC LAW 95-474—OCT. 17, 1978

92 STAT. 1477

of such vessel proves, to the satisfaction of the Secretary, that such vessel is not unsafe or a threat to the marine environment, and if such entry is necessary for the safety of the vessel or persons aboard. I n addition, paragraph s (1), (2), (3), and (4) of subsection (a) shall not apply if the owner or operator of such vessel proves, to the satisfaction of the Secretary, that such vessel is no longer unsafe or a threat to the marine environment, and is no longer in violation of any applicable law, treaty, regulation or condition, as appropriate. Clauses (5) and (6) of subsection (a) shall become applicable eighteen months after the effective date of this section. " SEC. 10. APPLICABILITY.

Authority

"This Act shall not apply to the P a n a m a Canal. The authority ^^^^.fjp'^"^-^ granted to the Secretary under sections 4, 5, 6, and 7 of this Act shall ^^ ^^^ ^^^^• not be delegated with respect to the Saint Lawrence Seaway to any agency other than the Saint Lawrence Seaway Development Corporation. Any other authority granted the Secretary under this Act shall be delegated to the Saint Lawrence Seaway Development Corporation to the extent he determines such delegation is necessary for the proper operation of the Saint Lawrence Seaway. " SEC. 11. INTERNATIONAL AGREEMENTS.

33 USC

1230.

33 USC

1231.

" (a) TRANSMITTAL OF REGULATIONS.—The Secretary shall transmit, via the Secretary of State, to appropriate international bodies or forums, any regulations issued under this Act, for consideration as international standards. " (b) AGREEMENTS.—The President is authorized and encouraged to— " (1) enter into negotiations and conclude and execute agreements with neighboring nations, to establish compatible vessel standards and vessel traffic services, and to establish, operate, and maintain international vessel traffic services, in areas and under
 * circumstances of mutual concern; and

" (2) enter into negotiations, through appropriate international bodies, and conclude and execute agreements to establish vessel traffic services in appropriate areas of the high seas. " (c) OPERATIONS.—The Secretary, pursuant to any agreement negotiated under subsection (b) which is binding upon the United States in accordance with constitutional requirements, may— " (1) require vessels in the vessel traffic service area to utilize or to comply with the vessel traffic service, including the carrying or installation of equipment and devices as necessary for the use of the service; and " (2) waive, by order or regulation, the application of any United States law or regulation concerning the design, construction, operation, equipment, personnel qualifications, and manning standards for vessels operating in waters over which the United States exercises jurisdiction if such vessel is not en route to or from a United States port or place, and if vessels en route to or from a United States port or place are accorded equivalent waivers of laws and regulations of the neighboring nation, when operating in waters over which that nation exercises jurisdiction. "SEC.

12. REGULATIONS.

" (a) IN GENERAL.—In accordance with the provisions of section 553 of title 5, United States Code, as amended, the Secretary shall issue, and may from time to time amend or repeal, regulations necessary to implement this Act.

�