Page:United States Statutes at Large Volume 54 Part 1.djvu/976

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PUBLIC LAWS-CH. 722-SEPT. 18 , 1940 and such certificate shall be issued or denied accordingly. Any person, not included within the provisions of the foregoing proviso, who is engaged in transportation as a common carrier by water when this section takes effect may continue such operation for a period of one hundred and twenty days thereafter without a certificate, and, if appli- cation for such certificate is made to the Commission within such period, the continuance of such operation shall be lawful pending determination of such application. tAppication for e r- "(b) Application for a certificate shall be made in writing to the Commission, be verified under oath, and shall be in such form and contain such information and be accompanied by proof of service upon such interested parties as the Commission shall, by regulations, require. Qualificationsforis- "(c) Subject to section 310, upon application as provided in this POt, p. 943. section the Commission shall issue a certificate to any qualified applicant therefor, authorizing the whole or any part of the operations covered by the application, if the Commission finds that the applicant is fit, willing, and able properly to perform the service proposed and to conform to the provisions of this part and the requirements, rules, and regulations of the Commission thereunder, and that the proposed service, to the extent authorized by the certificate, is or will be required by the present or future public convenience and necessity; otherwise such application shall be denied. Routes; ports. "(d) Such certificate shall specify the route or routes over which, or the ports to and from which, such carrier is authorized to operate, and, at the time of issuance and from time to time thereafter, there shall be attached to the exercise of the privileges granted by such certificate such Tnrms, t conditions, reasonable terms, conditions, and limitations as the public convenience and necessity may from time to time require, including terms, condi- tions, and limitations as to the extension of the route or routes of the carrier, and such other terms, and conditions, and limitations as are necessary to carry out, with respect to the operations of the carrier, the requirements of this part or those established by the Commission pur- PrTo io. suant thereto: Provided,however, That no terms, conditions, or limita- ment. tions shall restrict the right of the carrier to add to its equipment, facilities, or service within the scope of such certificate, as the develop- ment of the business and the demands of the public shall require, or the Extension of serv- right of the carrier to extend its services over uncomnleted portions of fees. waterway projects now or hereafter authorized by Congress, over the completed portions of which it already operates, as soon as such uncom- pleted portions are open for navigation. Use of public water- "(e) No certificate issued under this part shall confer any proprie- w ay s; tary or exclusive right or rights in the use of public waterways. permito prerequisit "(f) Except as otherwise provided in this section and section 311, to operation. no person shall engage in the business of a contract carrier by water unless he or it holds an effective permit, issued by the Commission Wvvr of provi- authorizing such operation: Provided, That, subject to section 310, if sions. any 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 application is made, and has so operated since that time (or, if engaged in furnishing sea- sonal 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, as to interruptions of service over which the applicant or its predecessor in interest had no control, the Commission shall issue such permit, without further proceedings, if application for such permit is made to the Commission as provided in subsection (g) of this section and prior to the expiration of one ,Provision tu. hundred and twenty days after this section takes effect. Pendin the determination of any such application, the continuance of such 942 [54 STAT.