Public Law 90-268 90th Congress, S. 2419 March 16, 1968 An Act To amend the Merchant Marine Act, 1936, with respect to the development of cargo container vessels, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 212 of Merchant Marine the Merchant Marine Act, 1936 (46 U.S.C. 1122) is amended by (1) Act, 1936, amend❤ striking out "and" at the end of clause (d), (2) striking out the period ment. at the end of clause (e) and inserting in lieu thereof a semicolon and 49 Stat. 1990. "and", (3) redesignating clause (f) as clause (g), and (4) inserting before such clause a new clause as follows: "(f) To study means and methods of encouraging the development and implementation of new concepts for the carriage of cargo in the domestic and foreign commerce of the United States, and to study the economic and technological aspects of the use of cargo containers as a method of carrying out the declaration of policy set forth in title I of this Act, and in carrying out the provisions of this clause and such policy the United States shall not give preference as between carriers upon the basis of length, height, or width of cargo containers or length, height, or width of cargo container cells and this requirement shall be applicable to all existing container vessels and any container vessel to be constructed or rebuilt." SEC. 2. Section 303 (a) of the Act of June 30, 1949 (41 U.S.C. 253 (a)), as amended, is amended by adding a new sentence as follows: 63 Stat. 395; "No advertisement or invitation to bid for the carriage of Government 66 Stat. 594. property in other than Government-owned cargo containers shall specify carriage of such property in cargo containers of any stated length, height, or width." SEC. 3. Section 2305 (a) of title 10 of the United States Code is 70A Stat. 130. amended by adding a new sentence as follows: "Except in a case where the Secretary of Defense determines that military requirements necessitate specification of container sizes, no advertisement or invitation to bid for the carriage of Government property in other than Government-owned cargo containers shall specify carriage of such property in cargo containers of any stated length, height, or width," SEC. 4. Section 302 of the Act of June 30, 1949 (41 U.S.C. 252), is amended by adding thereto the following subsection: "(f) No contract for the carriage of Government property in other than Government-owned cargo containers shall require carriage of such property in cargo containers of any stated length, height, or width." 82 STAT. 49 82 STAT. 50 63 Stat. 393. SEC. 5. Section 2304 of title 10 of the United States Code is amended 70A Stat. 128; by adding thereto the following subsection: "(h) Except in a case where the Secretary of Defense determines that military requirements necessitate specification of container sizes, 76 Stat. 528. 82 STAT, 50 no contract for the carriage of Government property in other than Government-owned cargo containers shall require carriage of such property in cargo containers of any stated length, height, or width." Approved March 16, 1968. LEGISLATIVE HISTORY: HOUSE REPORT No. 991 (Comm. on Merchant Marine & Fisheries). CONGRESSIONAL RECORD: Vol. 113 (1967): Nov. 6, considered and passed Senate. amended. Mar. 6. Senate convurred in House amend 90th Congress, H. R. 14401 An Act To grant the masters of certain United States vessels a lien on those vessels for their wages. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the master Vessels. of a vessel documented, registered, enrolled, or licensed under the laws Masters' liens of the United States shall have the same lien for his wages against such for wages. vessel and the same priority as any other seaman serving on such vessel. (b) Sections 4546 and 4547 of the Revised Statutes of the United States (46 U.S.C. 603 and 604) shall not apply in any proceeding brought by a master for the enforcement of the lien granted by this section. (c) Section 4535 of the Revised Statutes of the United States (46 U.S.C. 600) is amended by striking out "seaman" each place it appears and inserting in lieu thereof at each such place "master or seaman". (d) Section 12 of the Act of March 4, 1915, as amended (38 Stat. 1164; 46 U.S.C. 601), is amended (1) by striking out "seaman or apprentice" each place it appears and inserting in lieu thereof at each such place "master, seaman, or apprentice", and (2) by striking out in the first proviso thereof "any seaman" and inserting in lieu thereof "any master or seaman". 82 STAT. 107 82 STAT. 108 SEC. 2. For the purposes of this Act, section 4535 of the Revised "Master." Statutes of the United States and section 12 of the Act of March 4, 1915, as amended (38 Stat. 1164; 46 U.S.C. 601), the term "master" shall include every person having command of any vessel documented, registered, enrolled, or licensed under the laws of the United States, except a person who has a financial interest valued at 5 per centum or more either of the corporation, partnership, or association which owns the vessel against which the lien is claimed, or of the market value of the vessel against which the lien is claimed. Approved April 25, 1968. LEGISLATIVE HISTORY: HOUSE REPORT No. 1092 (Comm. on Merchant Marine & Fisheries). CONGRESSIONAL RECORD, Vol. 114 (1968): Feb. 19: Considered and passed House. 90th Congress, H. R. 9473 April 29, 1968 An Act To amend provisions of the Shipping Act, 1916, to authorize the Federal Maritime Commission to permit a common carrier by water in foreign commerce or conference of such carriers to refund a portion of the freight charges. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 18(b) Vessels. of the Shipping Act, 1916 (46 U.S.C. 817 (b)), is amended by changing Freight charges. the period at the end of subsection (3) thereof to a colon and adding 75 Stat. 764. the following proviso: "Provided, however, That the Federal Maritime Commission may in its discretion and for good cause shown permit a common carrier by water in foreign commerce or conference of such carriers to refund a portion of freight charges collected from a shipper or waive the collection of a portion of the charges from a shipper where it appears that there is an error in a tariff of a clerical or administrative nature or an error due to inadvertence in failing to file a new tariff and that such refund or waiver will not result in discrimination among shippers: Provided further, That the common carrier by water in foreign commerce or conference of such carriers has, prior to applying for authority to make refund, filed a new tariff with the Federal Maritime Commission which sets forth the rate on which such refund or 82 STAT. 111 waiver would be based: Provided further, That the carrier or confer- 82 STAT. 112 ence agrees that if permission is granted by the Federal Maritime Commission, an appropriate notice will be published in the tariff, or such other steps taken as the Federal Maritime Commission may require, which give notice of the rate on which such refund or waiver would be based, and additional refunds or waivers as appropriate shall be made with respect to other shipments in the manner prescribed by the Commission in its order approving the application: And provided further, That application for refund or waiver must be filed with the Commission within one hundred and eighty days from the date of shipment." Approved April 29, 1968. LEGISLATIVE HISTORY: HOUSE REPORT No. 920 (Comm. on Merchant Marine & Fisheries). CONGRESS IONAL RECORD: Vol. 113 (1967): Nov. 20, considered and passed House. (1027) 90th Congress, S. 3017 June 15, 1968 An Act To change the provision with respect to the maximum rate of interest permitted on loans and mortgages insured under title XI of the Merchant Marine Act, 1936. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1104 (a) (5) of the Merchant Marine Act, 1936, as amended, is amended to read as follows: “(5) shall secure bonds, notes, or other obligations bearing interest (exclusive of premium charges for insurance, and service charges, if any) at rates not to exceed such per centum per annum on the principal obligation outstanding as the Secretary of Commerce determines to be reasonable, taking into account the range of interest rates prevailing in the private market for similar loans and the risks assumed by the Department of Commerce;". Approved June 15, 1968. 82 STAT. 180 Ship loans and mortgages. Maximum rate of interest, change. 68 Stat. 1270. 46 USC 1274. LEGISLATIVE HISTORY: HOUSE REPORT No. 1416 accompanying H. R. 14796 (Comm. on Merchant SENATE REPORT No. 1119 (Comm. on Commerce). CONGRESSIONAL RECORD, Vol. 114 (1968): May 27: Considered and passed Senate. June 3: Considered and passed House, in lieu of H. R. 14796. |