TRANSPORTATION ACT OF 1940 (excerpts) [54 STAT. 898, at 950] [PUBLIC-No. 785-76TH CONGRESS] [CHAPTER 722-3D SESSION] [S. 2009] AN ACT To amend the Act to regulate commerce, approved February 4, 1887, as amended, so as to provide for unified regulation of carriers by railroad, motor vehicle, and water, and for other purposes. TITLE II-REGULATION OF WATER CAR- IN SEC. 201. *** PART III OF INTERSTATE COMMERCE ACT. "PART III * "REPEALS "SEC. 320. (a) The Shipping Act, 1916, as amended, and the Intercoastal Shipping Act, 1933, as amended, are hereby repealed insofar as they are inconsistent with any provision of this part and insofar as they provide for the regulation of, or the making of agreements relating to, transportation of persons or property by water in commerce which is within the jurisdiction of the Commission under the provisions of this part; and any other provisions of law are hereby repealed insofar as they are inconsistent with any provision of this part. "(b) Nothing in subsection (a) shall be construed to repeal "(1) section 205 of the Merchant Marine Act, 1936, as amended, or any provision of law providing penalties for violations of such section 205; [§ 320 (b)(2) 47 Stat. 1425, 1427. 46 U.S.C. 844, 847; Supp. V, 844, 847. 39 Stat. 728. 46 U.S.C. 801. 41 Stat. 999. 46 U.S.C. 883, 884; Supp. V, 883, 884. 39 Stat. 728. 46 U.S.C. 814. Laws not affected. Repeal. Transfer of personnel. 49 U.S.C. 921. "(2) the third sentence of section 2 of the Intercoastal Shipping Act, 1933, as amended, as extended by section 5 of such Act, or any provision of law providing penalties for violations of such section 2; "(3) the provisions of the Shipping Act, 1916, as amended, insofar as such Act provides for the regulation of persons included within the term 'other person subject to this Act', as defined in such Act; "(4) sections 27 and 28 of the Merchant Marine Act, 1920, as amended. "(c) Nothing in subsection (a) shall be construed to affect the provisions of section 15 of the Shipping Act, 1916, so as to prevent any water carrier subject to the provisions of this part from entering into any agreement under the provisions of such section 15 with respect to transportation not subject to the provisions of this part in which such carrier may be engaged. (d) Nothing in this part shall be construed to affect any law of navigation, the admiralty jurisdiction of the courts of the United States, liabilities of vessels and their owners for loss or damage, or laws respecting seamen, or any other maritime law, regulation, or custom not in conflict with the provisions of this part. "(e) Subsection (e) of section 3 of the Inland Waterways Corporation Act of June 7, 1924, as amended (U.S.C., title 49, sec. 153 (e)), is hereby repealed as of October 1, 1940: Provided, however, That (1) any certificate of public convenience and necessity granted to any carrier pursuant to the provisions of such subsection (e) shall continue in effect as though issued under the provisions of section 309 of the Interstate Commerce Act, as amended; and (2) through routes and joint rates, and rules, regulations, and practices relating thereto, put into effect pursuant to the provisions of such subsection (e) shall, after the repeal of such subsection (e), be held and considered to have been put into effect pursuant to the provisions of the Interstate Commerce Act, as amended. "TRANSFER OF EMPLOYEES, RECORDS, PROPERTY, AND APPROPRIATIONS "SEC. 321. (a) Such officers and employees of the United States Maritime Commission as the President shall determine to have been employed in the administration of the provisions of law repealed by section 320, and whose retention by the United States Maritime Commission is not necessary, in the opinion of the President, for the performance of other duties, are transferred to the Interstate Commerce Commission upon such date or dates as the President shall specify by Executive order. Such transfer of such personnel shall be without reduction in classification or compensation, except that this requirement shall not operate after the end of the fiscal year during which such transfer is made to prevent the adjustment of classification or compensation to conform to the duties to which such transferred personnel may be assigned. [§ 322(a)] erty, etc. "(b) All files, reports, records, tariff schedules, prop- Records, property (including office furniture and equipment), contracts, agreements, documents, or papers kept or used by, made to, or filed with the United States Maritime Commission under or in the administration of any provision or law repealed by this part, are hereby transferred to the jurisdiction and control of the Interstate Commerce Commission, and may be used for such purposes as the Interstate Commerce Commission may deem necessary in the administration of this part; except that in the case of files, reports, records, tariff schedules, contracts, agreements, documents, or papers, the retention of which is necessary for purposes of the administration by the United States Maritime Commission of matters within its jurisdiction, the furnishing to the Interstate Commerce Commission of copies thereof shall constitute sufficient compliance with the provisions of this sub section. available. "(c) All appropriations and unexpended balances of Funds appropriations available for expenditure by the United States Maritime Commission in the administration of any provision of law repealed by this part shall be available for expenditure by the Interstate Commerce Commission for any objects of expenditure authorized by this part, in the discretion of the Interstate Commerce Commission, without regard to the requirement of apportionment under the Anti-Deficiency Act of February 27, 1906. “EXISTING ORDERS, RULES, TARIFFS, AND SO FORTH; PENDING MATTERS 34 Stat. 48. 31 U.S.C. 665. 49 U.S.C. 922. "SEC. 322. (a) Notwithstanding the provisions of section 320, or any other provision of this part, all orders, rules, regulations, permits, tariffs (including rates, fares, charges, classifications, rules, and regulations relating thereto), contracts, or agreements, to the extent that they were issued, authorized, approved, entered into, or filed under any provision of law repealed by this part, and are still in effect, shall continue in force and effect according to the terms thereof as though this part had not been enacted, except that the Commission may modify, set aside, or rescind any such order, rule, regulation, permit, Exception. Continuance of certain orders, etc. [§ 322(a) to end] Proceedings, hearings, or investigations. Judicial proceedings. tariff, contract, or agreement to the extent that it finds the same to be in violation of any provision of this part or inconsistent with the national transportation policy declared in this Act. "(b) Any proceeding, hearing, or investigation commenced or pending before the United States Maritime Commission at the time this section takes effect, to the extent that it relates to the administration of any provision of law repealed by this part, shall be continued or otherwise acted upon by the Commission as though such proceeding, hearing, or investigation had been instituted under the provisions of this part. "(c) Any pending judicial proceeding arising under any provision of law repealed by the provisions of this part shall be continued, heard, and determined in the same manner and with the same effect as if this part had not been enacted; except that in the case of any such proceeding to which the United States Maritime Commission is a party, the court, upon motion or supplemental petition, may direct that the Commission be substituted for the United States Maritime Commission as a party to the proceeding or made an additional party thereto." * * * * * Time effective. Postponement permitted. TIME EFFECTIVE SEC. 202. Part III of the Interstate Commerce Act shall take effect on the date of the enactment of this Act, except that sections 304 (c), 305 to 308, inclusive, 309 (a) and (f), 313 to 318, inclusive, 320, 321, and 322 shall take effect on the 1st day of January 1941: Provided, however, That the Interstate Commerce Commission shall, if found by it necessary or desirable in the public interest, by general or special order postpone the taking effect of any of the provisions above enumerated to such time, but not beyond the 1st day of April 1942, as the Commission shall prescribe. Approved September 18, 1940. CIVILIAN NAUTICAL SCHOOL ACT [PUBLIC-No. 606-76TH CONGRESS] [CHAPTER 337-3D SESSION] [54 STAT. 346] [H.R. 9262] AN ACT To provide for the examination of civilian nautical schools and for the inspection of vessels used in connection therewith, and for other purposes. marine. cal school." Be it enacted by the Senate and House of Representa- Merchant tives of the United States of America in Congress as- "Civilian nautisembled, That as used in this Act the term "civilian nautical school" means any school or branch thereof 46 U.S.C. 1331. operated and conducted in the United States (except State nautical schools and schools operated by the United States or any agency thereof), which offers to persons quartered on board any vessel instruction for the primary purpose of training for service in the merchant marine. SEC. 2. Every civilian nautical school shall be subject to examination and inspection by the United States Maritime Commission, and the Commission may, under such 46 U.S.C. 1332. rules and regulations as it may prescribe, provide for the rating and certification of such schools as to the adequacy of the course of instruction, the competency of the instructors, and the suitability of equipment used by or in connection with such schools. rating, etc. Examination, vessels. SEC. 3. (a) All laws covering the inspection of pas- Inspection of senger vessels in effect on the date of enactment of this Act are hereby made applicable to all vessels or other 46 U.S.C. 1333. floating equipment used by or in connection with any civilian nautical school, whether such vessels or other floating equipment are being navigated or not, to such extent and upon such conditions as may be required by regulations prescribed by the Board of Supervising Inspectors, with the approval of the Secretary of Com merce. (b) The Bureau of Marine Inspection and Navigation is authorized and directed, through such rules and regulations as the Secretary of Commerce may approve, to prescribe minimum standards for the size, ventilation, plumbing, and sanitation of quarters assigned to mem size, etc., of quarters. Standards for |