Page:United States Statutes at Large Volume 62 Part 1.djvu/416

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PUBLIC LAWS-CHS. 456 , 457-JUNE 12, 1948 Street immediately adjacent to and abutting upon the lands above described. Reonstruction of "SEC. 2 . That the reconstruction of the existing tunnel shall be existingnel carried out in accordance with plans and specifications which shall have been, prior to the commencement of such reconstruction, sub- mitted to and approved by the Secretary of the Treasury with respect to reconstruction through the lands now occupied by the Coast Guard and submitted to and approved by the Federal Works Administrator with respect to reconstruction through the lands now occupied by the Post Office Department. Reversion to U.. "SE. 3 . That whenever said right-of-way shall cease to be used for the purpose of a tunnel through which to operate a railroad, it shall revert to the United States. Rightsreserved. "SE. 4. That the right to repeal, alter, or amend this Act is reserved to Congress." Approved June 12, 1948. June 12, 1948 [H. R . 6078] [Public Law 633] Interstate Com- merce Act, amend- ment. 54 Stat. 932. 49 U. S. C .1903(e). Exclusion of certain noncompetitive trans- portation. 54 Stat. 929. 49U.S.C. ch.12. 24 Stat. 379; 49 Stat. 543. 49 U.S .C . chs.1,8. Ante, pp . 163, 295; post, p . 602. 47 Stat. 1425 . 46 U. S.C. §§843- 848. [CHAPTER 457] AN ACT To amend section 303 (e) of the Interstate Commerce Act, as amended. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection (e) of section 303 of the Interstate Commerce Act, as amended, is amended to read as follows: "(e) (1) Notwithstanding any provision of this part the Commis- sion may, by order, from time to time, upon application, or upon its own initiative without application, exempt from the requirements of this part the transportation of passengers between points in the United States by way of a foreign port or ports, upon a finding that appli- cation of such requirements thereto is not necessary to carry out the national transportation policy declared in this Act. "(2) It is hereby declared to be the policy of Congress to exclude from the provisions of this part, in addition to the transportation otherwise excluded under this section, transportation by contract carriers by water which, by reason of the inherent nature of the commodities transported, their requirement of special equipment or their shipment in bulk, is not actually and substantially competitive with transportation by any common carrier subject to this part or part I or part II. Upon application of a carrier, made in such manner and form as the Commission may by regulations prescribe, the Com- mission shall, subject to such reasonable conditions and limitations as the Commission may prescribe, by order exempt from the provisions of this part such of the transportation engaged in by such carrier as it finds necessary to carry out the policy above declared. A carrier (other than a carrier subject, at the time this part takes effect, to the provisions of the Intercoastal Shipping Act, 1933, as amended) making such application prior to January 1, 1941, shall be exempt from the provisions of this part until a final determination has been made upon such application if such carrier or a predecessor in interest was in bona fide operation as a contract carrier by water on January 1, 1940, over the route or routes or between the ports with respect to which appli- cation is made and has so operated since that time (or, if engaged in furnishing seasonal service only, was in bona fide operation during the seasonal period, prior to or including such date, for operations of the character in question) except, in either event, for interruptions of service over which such carrier or its predecessor in interest had no control". Approved June 12, 1948. 386 [62 STAT.