46 U.S.C. § 55117 — Great Lakes rail route

Page 483 TITLE 46—SHIPPING § 55121 § 55117. Great Lakes rail route Section 55102 of this title does not apply to the transportation of merchandise loaded on a rail- road car or to a motor vehicle with or without a trailer, and with its passengers or contents when accompanied by the operator, when the railroad car or motor vehicle is transported in a railroad car ferry operated between fixed termi- nals on the Great Lakes as part of a rail route, if— (1) the car ferry is owned by a common car- rier by water and operated as part of a rail route with the approval of the Surface Trans- portation Board; (2) the stock of the common carrier by water, or its predecessor, was owned or con- trolled by a common carrier by rail prior to June 5, 1920; (3) the stock of the common carrier owning the car ferry is, with the approval of the Board, now owned or controlled by a common carrier by rail; and (4) the car ferry is built in and documented under the laws of the United States. (Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1640.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 55117 .......... 46 App.:883 (5th pro- viso). June 5, 1920, ch. 250, § 27, as added Apr. 11, 1935, ch. 58, 49 Stat. 154. § 55118. Foreign railroads whose road enters by ferry, tugboat, or towboat A foreign railroad, whose road enters the United States by ferry, tugboat, or towboat, may own and operate a vessel not having a coastwise endorsement in connection with the water transportation of the passenger, freight, express, baggage, and mail cars used by that road, together with the passengers, freight, ex- press matter, baggage, and mails transported in those cars. However, the foreign railroad is sub- ject to the same restrictions imposed by law on a vessel of the United States entering a port of the United States from the same foreign coun- try. Except as otherwise authorized by this chapter, the ferry, tugboat, or towboat may not, under penalty of forfeiture, be used in the trans- portation of merchandise between ports or places in the United States to which the coast- wise laws apply. (Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1640.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 55118 .......... 46 App.:316(c). R.S. § 4370(c); restated June 11, 1940, ch. 324, 54 Stat. 304. The words ‘‘company or corporation’’ after ‘‘foreign railroad’’ are omitted as unnecessary. The words ‘‘ves- sel not having a coastwise endorsement’’ are sub- stituted for ‘‘such vessel’’ (referring to a vessel de- scribed in 46 App. U.S.C. 316(a)) for clarity and because of the reorganization of the source material in the re- vised title. The words ‘‘However, the foreign railroad is subject to the same restrictions imposed by law on a vessel of the United States entering a port of the United States from the same foreign country’’ are sub- stituted for ‘‘without being subject to any other or dif- ferent restrictions than those imposed by law on any vessel of the United States entering ports of the United States from ports in the same foreign country’’ to eliminate unnecessary words. The words ‘‘Except as otherwise authorized by this chapter’’ are substituted for ‘‘except as authorized by section 883 of this Appen- dix’’ because of the reorganization of the source mate- rial in the revised title. The words ‘‘its Territories or possessions’’ are omitted as unnecessary because of the definition of ‘‘United States’’ in chapter 1 of the revised title. § 55119. Yukon River Section 55102 of this title does not apply to the transportation of merchandise on the Yukon River until the Alaska Railroad is completed and the Secretary of Transportation finds that proper facilities will be available for transpor- tation by citizens of the United States to prop- erly handle the traffic. (Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1640.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 55119 .......... 46 App.:883 (4th pro- viso). June 5, 1920, ch. 250, § 27 (4th proviso), 41 Stat. 999; Exec. Order No. 6166, June 10, 1933, § 12; July 2, 1935, ch. 355, 49 Stat. 442; June 29, 1936, ch. 858, title II, § 204, title IX, § 904, 49 Stat. 1987, 2016; Reorg. Plan No. 21 of 1950, eff. May 24, 1950, § 204, 64 Stat. 1276; Pub. L. 97–31, § 12(49), Aug. 6, 1981, 95 Stat. 157. § 55120. Transshipment of imported merchandise intended for immediate exportation The Secretary of Homeland Security may pre- scribe regulations for the transshipment and transportation of merchandise that is imported into the United States by sea for immediate ex- portation to a foreign port by sea, or by a river, the right to ascend or descend which for the pur- poses of commerce is secured by treaty to the citizens of the United States and the subjects of a foreign power. (Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1641.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 55120 .......... 46 App.:291. Feb. 17, 1898, ch. 26, § 3, 30 Stat. 248. § 55121. Transportation of merchandise and pas- sengers on Canadian vessels (a) BETWEEN ROCHESTER AND ALEXANDRIA BAY.—Until passenger service is established by vessels of the United States between the port of Rochester, New York, and the port of Alexandria Bay, New York, the Secretary of Homeland Se- curity may issue annually permits to Canadian passenger vessels to transport passengers be- tween those ports. Canadian vessels holding such a permit are not subject to section 55103 of this title. (b) WITHIN ALASKA OR BETWEEN ALASKA AND OTHER POINTS IN THE UNITED STATES.—Until the