Jones Act Text

TITLE 46, APPENDIX--SHIPPING

CHAPTER 24--MERCHANT MARINE ACT, 1920

Sec. 883. Transportation of merchandise between points in United

States in other than domestic built or rebuilt and documented

vessels; incineration of hazardous waste at sea


No merchandise, including merchandise owned by the United States

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

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

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

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

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

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

or other person or persons so transporting or causing said merchandise

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

Districts, Territories, and possessions thereof embraced within the

coastwise laws, either directly or via a foreign port, or for any part

of the transportation, in any other vessel than a vessel built in and

documented under the laws of the United States and owned by persons who

are citizens of the United States, or vessels to which the privilege of

engaging in the coastwise trade is extended by section 808 of this

Appendix or section 22 2 of this Act:

Provided, That no vessel having

at any time acquired the lawful right to engage in the coastwise trade,

either by virtue of having been built in, or documented under the laws

of the United States, and later sold foreign in whole or in part, or

placed under foreign registry, shall hereafter acquire the right to

engage in the coastwise trade: Provided further, That no vessel which

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

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

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

thereafter to engage in the coastwise trade, unless the entire

rebuilding, including the construction of any major components of the

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

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

possessions:

Provided further, That this section shall not apply to

merchandise transported between points within the continental United

States, including Alaska, over through routes heretofore or hereafter

recognized by the Interstate Commerce Commission for which routes rate

tariffs have been or shall hereafter be filed with said Commission when

such routes are in part over Canadian rail lines and their own or other

connecting water facilities: Provided further, That this section shall

not become effective upon the Yukon River until the Alaska Railroad

shall be completed and the Secretary of Transportation shall find that

proper facilities will be furnished for transportation by persons

citizens of the United States for properly handling the traffic:

Provided further, That this section shall not apply to the

transportation of merchandise loaded on railroad cars or to motor

vehicles with or without trailers, and with their passengers or contents

when accompanied by the operator thereof, when such railroad cars or

motor vehicles are transported in any railroad car ferry operated

between fixed termini on the Great Lakes as a part of a rail route, if

such car ferry is owned by a common carrier by water and operated as

part of a rail route with the approval of the Interstate Commerce

Commission, and if the stock of such common carrier by water, or its

predecessor, was owned or controlled by a common carrier by rail prior

to June 5, 1920, and if the stock of the common carrier owning such car

ferry is, with the approval of the Interstate Commerce Commission, now

owned or controlled by any common carrier by rail and if such car ferry

is built in and documented under the laws of the United States: Provided

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

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

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

pursuant to information obtained and furnished by the Secretary of

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

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

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

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

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

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

empty barges specifically designed for carriage aboard a vessel and

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

(d) any empty instrument for international traffic exempted from

application of the customs laws by the Secretary of the Treasury

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

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

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

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

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

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

or leased by the stevedoring company contracting for the lading or

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

the handling of cargo in foreign trade:

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

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

vessel is of foreign registry, upon

his finding, pursuant to information furnished by the Secretary of

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

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

Treasury may suspend the application of this section to the

transportation of merchandise between points in the United States

(excluding transportation between the continental United States and

noncontiguous states, districts, territories, and possessions embraced

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

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

certified by the owner or operator to be specifically designed for

carriage aboard a vessel and regularly carried aboard a vessel in

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

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

registry or qualified to engage in the coastwise trade:

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

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

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

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

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

within the coastwise laws for transfer to or when transferred from

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

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

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

same operator owned, chartered or contracted for the construction of

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

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

Commonwealth of Puerto Rico and United States territories and

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

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

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

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

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

waste shall be deemed to be transportation by water of merchandise

between points in the United States:

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

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

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

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

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

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

meet all current United States Coast Guard and Environmental Protection

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

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

Guard, including drydock inspections and internal examinations of tanks

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

Satisfactory inspection shall be certified in writing by the Secretary

of Transportation. Such inspections may occur concurrently with any

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

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

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

such inspections, the Coast Guard shall refer to the conditions

established by the initial flag state certification as the basis for

evaluating the current condition of the hull and superstructure. The

Coast Guard shall allow the substitution of an equivalent fitting,

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

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

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

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

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

United States documented fish processing vessels, which are necessary

and used for the processing or assembling of fishery products aboard

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


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

``merchandise'' includes valueless material:

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

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

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

within the Exclusive Economic Zone as defined in the Presidential

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

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

Economic Zone:

Provided further, That the transportation of any platform

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

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

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

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

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

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

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

lesser launch capacity that is identified by the Secretary of

Transportation and is available for such transportation.

---------------------------------------------------------------------------

1 So in original. The word ``the'' probably should not appear.
2 See References in Text note below.
3 So in original. Probably should be followed by a colon.

---------------------------------------------------------------------------



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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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



References in Text

Section 22 of this Act, referred to in text, is section 22 of act
June 5, 1920, which was classified to section 13 of former Title 46,
Shipping, and was repealed by Pub. L. 100-710, title II, Sec. 202(4),
Nov. 23, 1988, 102 Stat. 4753.
The Presidential Proclamation of March 10, 1983, referred to in
text, is Proc. No. 5030, Mar. 10, 1983, 48 F.R. 10605, which is set out
as a note under section 1453 of Title 16, Conservation.


Prior Provisions

Provisions similar to those in this section were contained in act
Feb. 17, 1898, ch. 26, Sec. 1, 30 Stat. 248, which was classified to
section 290 of this Appendix.


Amendments


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

merchandise, including merchandise owned by the United States

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

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

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

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

and provisos defining term ``merchandise'' to include valueless

material, making section applicable to valueless or dredged material,

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

barge.

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

after ``no vessel'' in second proviso.

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

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

transport, and further provisions relating to standards for and the

inspection of vessels engaged in such transport.

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

United States fish processing vessels used for fishery products

manufacture as ship's equipment.

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

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

functions, see Transfer of Functions note below.

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

notwithstanding any other provisions of this section, any vessel

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

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

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

between points embraced within the coastwise laws for transfer to or

when transferred from another vessel or vessels, so documented and

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

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

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

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

apply to movements between points in the contiguous United States and

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

States territories and possessions.

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

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

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

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

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

persons transporting or causing the merchandise to be transported.

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

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

specifically designed for carriage aboard a vessel'' and inserted

reciprocity proviso reciprocally permitting foreign-flag Specialty

barges, specifically designed and regularly carried aboard a barge

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

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

another.

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

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

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

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

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

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

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

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

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

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

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

trade.

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

of a rebuilt vessel unless the entire rebuilding, including the

construction of any major components of the hull and superstructure of

the vessel, is accomplished in the United States.

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

``excluding Alaska''.

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

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

been rebuilt outside the United States.

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

Act Apr. 11, 1935, inserted fifth proviso.





Effective Date of 1988 Amendment



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

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

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

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





Effective Date of 1960 Amendment



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

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

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

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

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

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

possessions under a contract executed before such date of enactment and

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

after such date of enactment.''





Effective Date of 1956 Amendment



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

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

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

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

coastwise privileges hereunder if it is rebuilt under a contract entered

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

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





Repeals



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

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



Transfer of Functions



Functions conferred upon Secretary of Commerce by provisions of

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

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

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

section 1111 of this Appendix.

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

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

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

United States Maritime Commission and section 204 of which transferred

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

Federal Maritime Board.

Previously, ``United States Maritime Commission'' substituted for

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

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

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

Title 5, Government Organization and Employees. Executive and

administrative functions of United States Maritime Commission

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

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

this Appendix.





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



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

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

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

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

vessel--

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

valueless dredged material; and

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

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

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

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





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

Contents; Publication of Initial and Current Inventory



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

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

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

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

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

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

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

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

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

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

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

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

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

lesser launch capacity identified by the Secretary of Transportation'

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

Act, 1920.

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

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

Federal Register an initial inventory of launch barges developed and

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

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

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

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

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

subsection.''


Transportation of Municipal Sewage Sludge



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

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

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

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

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

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

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

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


Vessel Under Contract With Municipality for Transportation of Sewage

Sludge: Applicability of Provisions



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

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

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

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

intercoastal or coastwise service, but the prohibitions in the second

paragraph apply to that vessel.''


Certificate of Documentation to Vessel Transporting Valueless Material

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

Issuance, Endorsement, Etc.


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

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

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

which the Coast Guard is operating may issue a certificate of

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

vessel that--

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

coastwise trade or transporting dredged material, whether or not of

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

Exclusive Economic Zone as defined in the Presidential Proclamation

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

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

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

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

Exclusive Economic Zone;

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

12105 of that title on October 1, 1987;

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

before that certificate was issued; and

``(4) was built in the United States;

except that such certificate of documentation shall be endorsed to

restrict the use of such vessel to the transportation of valueless

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

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

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

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

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

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

Economic Zone.''


Transportation of Merchandise or Passengers Within Alaska by Foreign

Built Hovercraft


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

provided that:

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

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

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

restricting the coastwise trade to vessels of the United States shall

prohibit the transportation within the State of Alaska of merchandise or

passengers by foreign built hovercraft.

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

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

by such vehicle.''


Report to Congress Regarding Effect of Reciprocity Provisions


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

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

report at the beginning of each regular session to the Congress

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

the extent to which foreign governments are extending reciprocal

privileges to the vessels of the United States.


Regulations


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

Treasury shall prescribe such regulations as may be necessary to carry

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

Appendix].''




Admission of Alaska as State


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

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

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

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

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

of Title 48, Territories and Insular Possessions.


Jurisdiction Over Common Carriers Between Ports in Hawaii and Other

Ports



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

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

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

Federal Maritime Board [now Secretary of Transportation] of the

exclusive jurisdiction heretofore conferred on it over common carriers

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

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

conferring on the Interstate Commerce Commission jurisdiction over

transportation by water between any such ports.''

[Interstate Commerce Commission abolished and functions of

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

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

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

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

Commerce Commission deemed to refer to Surface Transportation Board, a

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

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

section 701 of Title 49.]



Jurisdiction Over Common Carriers Between Ports in Alaska and Other

Ports


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

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

Maritime Board [now Secretary of Transportation] of the exclusive

jurisdiction heretofore conferred on it over common carriers engaged in

transportation by water between any port in the State of Alaska and

other ports in the United States, its Territories or possessions, or as

conferring upon the Interstate Commerce Commission jurisdiction over

transportation by water between any such ports.''

[Interstate Commerce Commission abolished and functions of

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

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

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

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

Commerce Commission deemed to refer to Surface Transportation Board, a

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

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

section 701 of Title 49.]


Transportation of Lumber to Puerto Rico


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

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

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

or terminal areas in the United States if Secretary of Commerce

determined that no domestic vessel was reasonably available.


Transportation of Coal Between Points in United States in Canadian

Vessels



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

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

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

waters for a period ending June 30, 1957.



Transportation of Iron Ore in Vessels of Canadian Registry


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

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

provisions were contained in the following acts:

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

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

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

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

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

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

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

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


Transportation of Grain Between United States Ports on Great Lakes by

Vessels of Canadian Registry During 1951



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

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



Transportation of Merchandise Between Hyder, Alaska, and United States



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

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

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

1949.



Cross References



Corporation meeting certain conditions deemed citizen for purposes

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

Provisions restricting coastwise transportation to vessels of United

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

Territories and Insular Possessions.

Transportation of passengers and merchandise in Canadian vessels

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

Appendix.

Transportation of passengers in foreign vessels, see section 289 of

this Appendix and notes thereunder.


Section Referred to in Other Sections


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

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

12106, 14305