85th Congress, S. 2212 AN ACT 71 Stat. 310. To amend the North Pacific Fisheries Act of 1954. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the North Pacific Fisheries Act of 1954 (68 Stat. 698) is amended as follows: In section 12 strike out the words "contiguous to the territorial 68 Stat. 700. waters of Alaska" and substitute therefor the words "north of the 16 USC 1031. parallel of north latitude of 48 degrees and 30 minutes: And provided further, That no such regulations shall apply in the Convention area south of the 49th parallel of north latitude with respect to sockeye salmon (Oncorhynchus nerka) or pink salmon (Oncorhynchus gorbuscha)." Approved July 24, 1957. To revise the definition of contract carrier by motor vehicle as set forth in section 203 (a) (15) of the Interstate Commerce Act, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That part II of the Interstate ComInterstate Commerce Act, as amended, is amended as follows: meroe. (1) By changing paragraph (15) of section 203 (a) thereof (49 "Contract carU.S. C. 303 (a) (15)), to read as follows: "(15) The term 'contract carrier by motor vehicle' means any person which engages in transportation by motor vehicle of passengers or property in interstate or foreign commerce, for compensation (other than transportation referred to in paragraph (14) and the exception therein), under continuing contracts with one person or a limited number of persons either (a) for the furnishing of transportation services through the assignment of motor vehicles for a continuing period of time to the exclusive use of each person served or (b) for the furnishing of transportation services designed to meet the distinct need of each individual customer." (2) By adding to section 203 (49 U. S. C. 303), the following new subsection: rier." "(c) Except as provided in section 202 (c), section 203 (b), in the Certificate exception in section 203 (a) (14), and in the second proviso in section or permit. 206 (a) (1), no person shall engage in any for-hire transportation business by motor vehicle, in interstate or foreign commerce, on any public highway or within any reservation under the exclusive jurisdiction of the United States, unless there is in force with respect to such person a certificate or a permit issued by the Commission authorizing such transportation."; and (3) By adding to section 212 (49 U. S. C. 312), the following new subsection: "(c) The Commission shall examine each outstanding permit and may within one hundred and eighty days after the date this subsection takes effect institute a proceeding either upon its own initiative, or upon application of a permit holder actually in operation or upon complaint of an interested party, and after notice and hearing revoke a permit and issue in lieu thereof a certificate of public convenience and necessity, if it finds, first, that any person holding a permit whose operations on the date this subsection takes effect do not conform with the definition of a contract carrier in section 203 (a) (15) as in force on and after the date this subsection takes effect; second, are those of a common carrier; and, third, are otherwise lawful. Such certificate so issued shall authorize the transportation, as a common carrier, of the same commodities between the same points or within the same territory as authorized in the permit." SEC. 2. Part II of such Act is further amended (1) by inserting after the second sentence of section 209 (b) (49 U. S. C. 309 (b)) a 49 Stat. 552. new sentence to read as follows: "In determining whether issuance of a permit will be consistent with the public interest and the national transportation policy declared in this Act, the Commission shall consider the number of shippers to be served by the applicant, the nature of the service proposed, the effect which granting the permit would have upon the services of the protesting carriers and the effect which denying the permit would have upon the applicant and/or its shipper and the changing character of that shipper's requirements."; and (2) by changing the third sentence of section 209 (b) (49 U. S. C. Terms, oonditions, and limitations. 71 Stat. 412. 309 (b)) to read as follows: "The Commission shall specify in the permit the business of the contract carrier covered thereby and the scope thereof, and it shall attach to it at the time of issuance, and from time to time thereafter, such reasonable terms, conditions, and limitations, consistent with the character of the holder as a contract carrier, including terms, conditions and limitations respecting the person or persons and the number or class thereof for which the contract carrier may perform transportation service, as may be necessary to assure that the business is that of a contract carrier and within the scope of the permit, and to carry out with respect to the operation of such carrier the requirements established by the Commission under section 204 (a) (2) and (6): Provided, That within the scope of the permit and any terms, conditions or limitations attached thereto, the carrier shall have the right to substitute or add to its equipment and facilities as the development of its business may require: Provided further, That no terms, conditions or limitations shall be imposed in any permit issued on or before the effective date of this proviso which shall restrict the right of the carrier to substitute similar contracts within the scope of such permit; or to add contracts within the Scope of such permit unless upon investigation on its own motion or petition of an interested carrier the Commission shall find that the scope of the additional operations of the carrier is not confined to those of a contract carrier as defined in section 203 (a) (15), as in force on and after the effective date of this proviso." Approved August 22, 1957. To amend section 702 of the Merchant Marine Act, 1936, in order to authorize the construction, reconditioning, or remodeling of vessels under the provisions of such section in shipyards in the continental United States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 702 49 Stat. 2008. of the Merchant Marine Act, of 1936, is amended by striking out "in 46 USC 1192. domestic yards, on the Atlantic and Gulf and Pacific coasts," and inserting in lieu thereof "in shipyards in the continental United States". Approved August 28, 1957. Public Law 85-210 85th Congress, S. 1866 August 28, 1957 AN ACT 71 Stat. 486, To amend the Act entitled "An Act to require the inspection and certification of certain vessels carrying passengers", approved May 10, 1956, in order to provide adequate time for the formulation and consideration of rules and regulations to be prescribed under such Act. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 8 of the Act entitled "An Act to require the inspection and certification of certain vessels carrying passengers", approved May 10, 1956, is amended by striking out "January 1, 1957" and inserting in lieu thereof "June 1, 1958". Approved August 28, 1957. 85th Congress, H. J. Res. 370 August 30, 1957 JOINT RESOLUTION 71 Stat. 514. To extend the time limit for the Secretary of Commerce to sell certain war-built vessels for utilization on essential trade routes 3 and 4. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the first sentence of Public Law 938, Eighty-fourth Congress, chapter 904, second ses- 70 Stat. 957. sion, is amended by striking out the words "within one year after the enactment of this joint resolution" and substituting the following words "within two years after the enactment of this joint resolution. Approved August 30, 1957. To facilitate the conduct of fishing operations in the Territory of Alaska, to promote the conservation of fishery resources thereof, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in order to Alaska. facilitate the conduct of fishing operations in the Territory of Alaska Escapements and to promote the conservation of fishery resources thereof section 2 in salmon of the Act approved June 6, 1924 (43 Stat. 464, 465; 48 U. S. C., 1952 runs. edition, 225), relating to the escapement in certain instances of a portion of the salmon run in the waters of Alaska, is hereby repealed. Approved September 4, 1957. |